Judges: D. R. ALEXANDER
Agency: Department of Health
Latest Update: Jan. 15, 1985
Summary: Application for license as nursing home administrator denied.
84-2387STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
THELMA MALMBERG, )
)
Petitioner, )
)
vs. ) CASE NO. 84-2387
)
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING ) HOME ADMINISTRATORS, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a formal hearing in the above case was held before the Division of Administrative Hearings by its duly designated Hearing Officer, Donald R. Alexander, on October 16, 1984, in Ocala, Florida.
APPEARANCES
For Petitioner: John S. Lynch, Esquire
Post Office Box 696 Ocala, Florida 32678
For Respondent: Lawrence S. Gendzier, Esquire
Room 212, 2400 West Robinson Street
Orlando, Florida 32801 BACKGROUND
This matter arose when respondent, Department of Professional Regulation, Board of Nursing Home Administrators, issued its proposed agency action in the form of a letter on May 30, 1984, advising petitioner, Thelma S. Malmberg, that her application to take the examination for licensure as a nursing home administrator had been denied. The basis for the denial was that her "work experience and education appear(ed) to be limited to nursing," and that "additional detailed administrative experience" was required under applicable statutes.
Petitioner disputed the basis for denial and requested a formal hearing on June 25, 19824 pursuant to Subsection 120.57(1), Florida Statutes. The matter was referred to the Division of Administrative Hearings by respondent on July 9, 19824 with a request that a hearing officer be assigned to conduct a formal hearing. By notice of hearing dated August 1, 1984, a final hearing was scheduled on October 16, 1984, in Ocala, Florida.
At the final hearing, petitioner testified on her own behalf and presented the testimony of Cheryl C. Woods, a nursing home administrator in Winter Park. She also offered petitioner's exhibits 1-3; all were received in evidence.
Respondent presented the testimony of Fred A. Lane, a nursing home administrator and present Chairman of the Board of Nursing Home Administrators.
The transcript of hearing was filed on November 9, 1984. Proposed findings of fact and conclusions of law were filed by petitioner and respondent on November 1 and 16, 1984, and have been considered by the undersigned in the preparation of this order. Proposed findings of fact not included in this order were considered irrelevant to the issues, immaterial to the results reached, or were not supported by competent and substantial evidence.
At at the outset of the hearing, the parties stipulated that the issue herein is whether petitioner has four years of practical experience in "a related health administration area" as required by Subsection 468.1695(2)(c)4., Florida Statutes, and Rule 21Z-11.09(2), Florida Administrative Code, so that she is eligible to take the nursing home administrator's examination.
Based upon all of the evidence, the following findings of facts are determined:
FINDINGS OF FACT
Petitioner, Thelma S. Malmberg, is a 47-year old director of nursing at Americana Health Care Center (Americana) in Winter Park, Florida. Americana is a 138-bed skilled nursing facility. She has been employed at that facility since October, 1984. Prior to that time, she served as both director and assistant director of nursing at New Horizon Rehabilitation Center (New Horizon), a nursing home facility in Ocala, Florida, for approximately two years. Before that, she was manager of the quality assurance department at Marion Community Hospital in Ocala from 1974-1982, and at Munroe Memorial Hospital in Ocala from 1971-1974. Malmberg was also a registered nurse from 1968 to 1971.
Using her lengthy experience in the health field, Malmberg made application for licensure as a nursing home administrator on April 26, 1984, with respondent, Department of Professional Regulation, Board of Nursing Home Administrators (Board). After reviewing the application and supporting documentation, the Board issued its proposed agency action in the form of a letter on May 30, 1984, advising Malmberg that her application was being denied on the grounds her "work experience and education appears to be limited to nursing," and that "additional detailed administrative experience is required to meet Florida's administrative standards in the health care area." The denial prompted the instant proceeding.
According to statutory requirements, as codified in Section 468.1695, Florida Statutes, an applicant for licensure by examination must be 18 years of age or older, a high school graduate or equivalent, and meet one of four criteria in the educational and work experience areas. As is pertinent here, Malmberg contends she has had "24 years of practical experience in a related health administration area," and is therefore eligible to take the examination.
The Board has promulgated Rule 21Z-11.09, Florida Administrative Code, which describes the practical experience in a related health administration area as follows:
(2) function in a position of total responsibility for the operation and administration of a health care facility which treats and houses patients such as a hospital (or a major subunit thereof), adult congregate living facility of at least 50 beds, hospice, or infirmary. The applicant must show evidence of the performance and practical application of executive duties and management skills including planning,
organizing, staffing, directing and controlling.
The parties agree it is this experience which Malmberg must possess in to take the examination.
In her present position as director of nursing at Americana, Malmberg supervises a 100-employee nursing department. She interfaces with all other departments of the nursing home, reports directly to the administrator, and acts as administrator in the administrator's absence. To date, however, the administrator has not been absent.
While serving as director and assistant director of nursing at New Horizon, she supervised an 80-employee department, and reported directly to the nursing home's administrator. She also performed the duties of an administrator in the administrator's absence, which occurred for approximately 1 1/2 months during her total tenure with New Horizon.
In both Americana and New Horizon, Malmberg has been responsible for planning, organizing, staffing, directing and controlling the nursing department.
From 1974 till 1982, Malmberg was the manager of the quality assurance department of a large hospital in Ocala. The quality assurance department is considered a major department within the hospital and Malmberg had responsibility for planning, organizing, staffing, directing and controlling its various functions as well as interfacing with other departments. On this job, she reported directly to the hospital administrator.
Malmberg has also attended various seminars in the health field area over the last ten years or so, and served for six years on the Board of Directors of the Marion-Citrus Mental Health Center, a community mental health board.
According to uncontroverted testimony of the Board's chairman, a director of nursing is not in a position of "total responsibility" within the meaning of the rule unless she is designated as a designee to act in the absence of the administrator. Further, the administrator must be absent for at least four years in order for the designee to fulfill the four years of practical experience requirements. In Malmberg's case, she has acted in the administrator's stead for only a few months which is far short of the necessary time. Similarly, her supervision of a single hospital department for a number of years does not qualify for "total responsibility," nor does attending seminars add to her credentials. Therefore, she has not been in a position of total responsibility for the operation and administration of a health care facility for the requisite period of time and is presently unqualified for licensure.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes.
Subsection 2463.1695(2)(c)24., Florida Statutes, requires an applicant for licensure by examination to:
4. (Have) 24 years of practical
experience in related health administration area.
Rule 21Z-11.09(2), Florida Administrative Code, provides that in order to fulfill four years of practical experience, an applicant must:
(2) function in a position of total responsibility for the operation and administration of a health care facility which treats and houses patients such as a hospital (or a major subunit thereof), adult congregate living facility of at least 50 beds, hospice, or infirmary. The applicant must show evidence of the performance and practical application of executive duties and management skills including planning,
organization, staff, directing and controlling.
The evidence discloses that petitioner's practical experience as defined by the rule falls far short of the four years minimum time. Indeed, she has served in a position of total responsibility for less than two months. As such, she does not meet the requisite qualifications for licensure, and her application must be denied.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Thelma Malmberg for licensure by
examination as a nursing home administrator be DENIED.
DONE and ORDERED this 27th day of November, 1984, in Tallahassee, Florida.
DONALD R. ALEXANDER
Hearing Officer
Division of Administrative 2009 Apalachee Parkway
Tallahassee, Florida 32301
(904)488-0675
FILED with the Clerk of the Division of Administrative Hearings this 27th day of November, 1984.
COPIES FURNISHED:
John S. Lynch, Esquire Post Office Box 696 Ocala, Florida 32678
Lawrence S. Gendzier, Esquire Room 212, 400 West Robinson St.
Orlando, Florida 32801
Docket for Case No: 84-002387
Orders for Case No: 84-002387
