STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GEORGE D. SKIADAS, )

)

Petitioner, )

)

vs. ) CASE NO. 83-3618

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MEDICAL EXAMINERS, )

)

Respondent. )

)

RECOMMENDED ORDER

This is a license application case which arose upon denial by the Medical Examiner's of the Petitioner's application for licensure as a medical doctor.

This case was heard on March 22, 1984, in Clearwater, Florida, by Stephen

1. Dean, assigned Hearing Officer of the Division of Administrative Hearings. George D. Skiadas applied for licensure by the Board of Medical Examiners by endorsement pursuant to Section 458.313, Florida Statutes, and his application was denied. The basis for the denial that Petitioner had graduated from a foreign medical school and had not taken the examination of the Federation of State and Medical Boards of the United States, the standardized test for graduates of foreign medical schools.

   
   

   The sole issue presented in this case is whether Petitioner meets the statutory criteria for licensure by endorsement. Petitioner has raised additional issues, as follows:

   
   

   1. Whether the Board of Medical Examiners may waive the requirements of Section 458.313 for a foreign medical graduate who is licensed in another state,

      
      

   2. Whether Petitioner can obtain licensure under the provisions of Section 458.317, Florida Statutes, and

      
      

   3. Whether Section 458.313, Florida Statutes, is constitutional.

Concerning the additional issues raised by Petitioner, the issue of the constitutionality of the statute is beyond the jurisdiction of this forum to consider, and there is no indication that Petitioner has applied for licensure under the provisions of Section 458.317, Florida Statutes. Therefore, neither of these issues is discussed; however, this does not preclude Petitioner from applying for licensure pursuant to Section 458.317, Florida Statutes, or raising the constitutionality of Section 458.313, Florida Statutes, in a court of appropriate jurisdiction.

The issue of the authority of the Board to waive the statutory requirements is a legal issue which will be addressed in the Conclusions of Law.

APPEARANCES

For Petitioner: Dr. George D. Skiadas, pro se

1460 Gulf Boulevard, Number 1112

Clearwater, Florida 33515

For Respondent: John Griffin, Esquire

Department of Legal Affairs The Capitol

Tallahassee, Florida 32301 FINDINGS OF FACT

1. The Petitioner, George D. Skiadas, graduated from the National and Copodistrial University Medical School of Athens, Greece, in 1952.

   
   

2. As a graduate of a foreign medical school, he would be required to take the FLEX examination, which is a standardized examination for graduates of foreign medical schools in order to qualify for licensure by endorsement pursuant to Section 458.313, Florida Statutes. The standardized examination for graduates of United States medical schools is the examination administered by the National Board of Medical Examiners. An individual seeking licensure in Florida by endorsement must pass the applicable standardized test as described above.

   
   

3. Petitioner is licensed to practice medicine in the States of Delaware and Tennessee and in the countries of Canada and Greece. Petitioner has attended classes in various U.S. medical schools.

   
   

4. Petitioner meets all of the criteria of the Board of Medical Examiners of the State of Florida for licensure by endorsement except passage of the FLEX examination. Petitioner has good moral character, good health, and has practiced medi-cine for 21 years without any disciplinary actions or charges against him for professional negligence.

   
   

5. Petitioner has practiced in the United States and Canada for many years before the FLEX examination was required of foreign medical graduates.

   
   

   CONCLUSIONS OF LAW

   
   

6. This Recommended Order is entered pursuant to Section 120.57(1), Florida Statutes. The Board of Medical Examiners is charged with the regulation and licensure of physicians pursuant to Chapter 458, Florida Statutes.

   
   

7. The two issues raised in this case are:

   
   

   1. Whether Petitioner meets the requirements of Section 458.313, Florida Statutes, for licensure, and, if not,

   2. Whether the requirements which he does not

      meet can be waived by the Board of Medical Examiners.

      
      

8. The answer to the first issue is clearly that Peti-tioner has not taken the FLEX examination, which is required by Section 458.313, Florida Statutes, and is therefore not quali-fied for licensure by endorsement pursuant to said section. As to the second issue, it is also clear that the Board cannot waive a

   stated statutory requirement or substitute some other criterion for such a requirement.

   
   

9. It appears, however, that Petitioner has recognized that his needs may be met by licensure pursuant to Section 458.317, Florida Statutes. It is suggested to Petitioner that he file an appropriate application for the Board's consideration under the provisions of Section 458.317, Florida Statutes.

   
   

10. As to the instant application, it is recommended that the Board of Medical Examiners deny Petitioner's application pursuant to Section 458.313, Florida Statutes, because Petitioner fails to meet the criteria of said statute by not having passed the FLEX examination and because the Board lacks any authority to waive or substitute some other criterion for passage of the FLEX examination.

RECOMMENDATION

The action of the Board in denying the application of Petitioner was correct and should be affirmed.

DONE and ENTERED this 7th day of August, 1984, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 7th day of August, 1984.

COPIES FURNISHED:

Dr. George D. Skiadas

1460 Gulf Boulevard, #1112

Clearwater, Florida 33515

John Griffin, Esquire Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Frederick Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Dorothy Faircloth, Executive Director

Board of Medical Examiners

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 83-003618

Orders for Case No: 83-003618