STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DONNA BENTOLILA LOPE2, )

)

Petitioner, )

)

vs. ) CASE NO. 85-1654

) DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF ) PSYCHOLOGICAL SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Consistent with the Second Amended Notice of Hearing furnished to the parties by Hearing Officer William J. Kendrick on June 18, 1987, a hearing was held herein before Arnold H. Pollock, a Hearing Officer with the Division of Administrative Hearings in Miami, Florida on August 7, 1987.

ISSUE

The issue for consideration is whether the Petitioner, Donna B. Lopez, is qualified to sit for the examination as a mental health counselor in Florida by virtue of her education and experience.

APPEARANCES

For Petitioner: John L. Britton, Esquire

Britton and Kantner, P.A.

Barnett Bank Building, Suite 1203 One East Broward Boulevard

Ft. Lauderdale, Florida 33301

For Respondent: Phillip B. Miller, Esquire

Robert D. Newell, Esquire

102 South Monroe Street Tallahassee, Florida 32301

BACKGROUND INFORMATION

On April 16, 1985, Linda N. Biedermann, Executive Director of the Board of Psychological Examiners notified the Petitioner by letter that her application for licensure by examination as a mental health counselor had been denied on the basis that her academic background did not meet the requirements of the governing statute. On May 8, 1985, counsel for Ms. Lopez filed a request for an administrative hearing in this matter and the case was forwarded to the Division of Administrative Hearings for appointment of a hearing officer. The case was initially set for hearing on August 7, 1985, however, due to numerous continuances requested by both parties the case was transferred to several different hearing officers ultimately ending up in the hands of the undersigned who heard the case as noted in the Second Amended Notice of Hearing.

At the hearing, Petitioner testified in her own behalf and presented the testimony of Joseph Robert Feist, a clinical psychologist; Dr. James E. Gorney, a clinical psychologist and assistant professor of psychiatry at Cornell University Medical Center; and, by deposition, (Pet. Ex. 4), Dr. John Muller, a clinical psychologist. Petitioner also introduced Petitioner's Exhibits 1 through 4. Respondent presented the testimony of Mrs. Biedermann; and introduced Respondent's Exhibits 1 through

1. The Hearing Officer took official recognition of both the 1983 and 1985 versions of Section 490.005, Florida Statutes.

   
   

   Subsequent to the hearing, Respondent submitted proposed Findings of Fact which have been accepted and are incorporated in this Recommended Order.

   
   

   FINDINGS OF FACT

   
   

   1. In April, 1985, the Petitioner, Donna B. Lopez, filed an application with the Florida Board of Psychological Examiners, (Bgard), to sit for examination as a mental health counselor. In paragraph 7 of the application, which called for a listing of all post-secondary psychology related education, Petitioner indicated that she received a degree as psychologist with a major course of study in psychology from the Universidad Nacional de Rosario, Esquela de Psicologia, in Rosario, Argentina, which school was accredited by the Universidad Nacional del Litoral in the Republic of Argentina. Petitioner graduated from that school on December 30, 1971.

      
      

   2. When the application was received by the Board, it was evaluated by Ms. Biedermann, who determined Petitioner did not

      qualify to sit for the requested examination because the university from which she received her degree was not accredited in accordance with state requirements that the applicant have a Master's degree from a university accredited by an agency approved by the United States Department of Education.

      
      

   3. To make the evaluation, Ms. Biedermann used two documents to determine accreditation; the 1981-1982 edition of Accredited Institutions of Post Secondary Education (Programs/Candidates), a directory of accredited institutions and programs published for the "Council on Post-Secondary Education" of the American Council on Education and Accredited Post-Secondary Institutions and Programs, published by the United States Department of Education in September, 1980. Supplements to the latter are published in the Federal Register and during the evaluation, Ms. Biedermann considered not only the basic document but also the then current edition of the Federal Register.

      
      

   4. Petitioner's university was not listed as an accredited university by any of the documentation either at the time of evaluation of the application or at the time she graduated in 1971. Consequently, Ms. Biedermann advised Petitioner that her application to sit for the examination had been denied.

      
      

   5. Another reason for rejection of Petitioner's application was that Ms. Biedermann was unable to determine if Petitioner's degree was equivalent to a Master's degree in the United States.

      
      

   6. Included with Petitioner's application was a translation into English of a Spanish language document which constitutes a description of her course work, but it is not an official transcript. Nonetheless, Ms. Biedermann called the United States Department of Education to inquire if there were any schools in Argentina accredited by United States approved agencies and was advised that there were not.

      
      

   7. Petitioner attended undergraduate school in Rosario, Argentina, graduating from a five year course of study with the degree of Psychologist in 1971. Thereafter, she completed a three year internship in a mental health center in Buenos Aires during which time she did a series of rotations throughout the different departments of the center. From there she went into private practice in Buenos Aires and was a member of a psychiatric team in a hospital from 1973 through 1978. During this time she was supervised by a psychiatrist who is a member

      of the American Psychiatric Association. In 1979 she settled in Miami, becoming an American citizen in 1986.

      
      

   8. After her arrival, she applied to the Dade County Board of Psychologists, then the accrediting agency, and was issued an occupational license as a psychologist in late 1979 or 1980.

      She thereafter practiced as a psychologist in Dade County until 1981 when the Florida Legislature passed the current statute, (Section 490.005) governing the licensing of psychologists and various sub-disciplines.

      
      

   9. In the 1950's, the original Chapter 490 of Florida Statutes licensed psychologists at the Doctorate level only. In 1979 this statute sunsetted and from 1979 to 1981, at least in both Dade and Broward Counties the county occupational license was issued to almost anyone applying for it without a prior demonstration of qualification. In the memory of Dr. Jospeh R. Feist, who was instrumental in the process designed to cure this situation, approximately 800 occupational licenses were issued in the first six months of this period: a figure the same as the total number of licenses issued statewide under the prior licensing statute in the prior twenty years.

      
      

   10. In 1979, the Dade County Commission passed an ordinance to revoke the occupational licenses issued during the hiatus period and established qualifications for licensing. It also created a board to review applicants. Dr. Feist was appointed as Secretary of the board which was made up of six members, all of whom were Ph.D's.

       
       

   11. In the course of this service, Dr. Feist became acquainted with Petitioner who applied sometime during 1980. The board recommended approval of her application. In Dr. Feist's opinion, Petitioner's course work was at or beyond the Master's level in the United States. The Board, however, did not inquire into whether Petitioner's university was properly accredited here.

       
       

   12. Dr. James E. Gorney is a clinical psychologist who is also an assistant professor of psychiatry at Cornell University Medical Center. As a part of his duties, he participates in the training program for post-doctoral psychologists and for 11 years or so, has examined the transcripts of numerous individuals possessing both Master's and Doctor's degrees in psychology. He got to know the Petitioner when they were both selected to serve on a prestigious international panel in New

       York City made up of university teaching psychologists hand picked by the conference leaders.

       
       

   13. Dr. Gorney has reviewed Petitioner's course work and based on it and his personal knowledge of her work and experience, he is of the opinion that she possesses the equivalent of a Master's degree from Cornell. Her program far exceeds any program for a Master's degree in psychology Dr. Gorney has seen anywhere in the United States and is the equivalent of a Doctoral program. It surpasses many programs approved by the American Psychiatric Association. Every area is covered and many related areas normally covered in Doctoral programs are included providing a very broad range of experience.

       
       

   14. Dr. Gorney's opinion is reinforced and supported by the deposition testimony of Dr. Muller whose experience with Petitioner and evaluation of her credentials leads him to conclude that her course work is the equivalent of at least a Master's degree.

       
       

       CONCLUSIONS OF LAW

       
       

   15. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this case. Section 120.57(1), Florida Statutes.

       
       

   16. The educational requirements for licensure as a mental health counselor in Florida are set out in Section 490.005(2)(c), Florida Statutes, which, in pari materia, states:

       
       

       (2) Upon verification of documentation... [and passage of an examination and payment of appropriate fee]the department shall issue a license to an applicant as a:

       
       

       (b) mental health counselor, who:

       
       

       2. Has received a minimum of an earned master's degree in mental health counseling, psychology, guidance counseling, or rehabilitation counseling at a college or university accredited by an accrediting agency approved by the United States Department of Education, or has completed all the following requirements from a college or university accredited [as above]:

       
       

       1. A minimum of a master's degree.

          
          

       2. Eighteen semester or 27 quarter hours of graduate work

          
          

       3. A minimum of one course in evaluation, research, appraisal, assessment, or testing procedures

          
          

       4. A minimum of one supervised practicum, internship, or field experience in the counseling-setting.

       
       

   17. Review of these statutory provisions indicates that the educational criteria for licensure as a mental health counselor, for which Petitioner has applied, requires the applicant have a degree from a college or university, '. . . accredited by an accrediting agency approved by the United States Department of Education." There is no provision for a determination of equivalency as is found in the requirements for licensure as a psychologist contained in Section 490.005(1)(b). Petitioner, who has the burden of proof in this case, has failed to show that the university from which she obtained her degree was accredited by an accrediting agency approved by the United States Department of Education as the statute requires.

       
       

   18. No doubt the course work completed by Petitioner is equivalent to that required in the United States for the award of a Master's degree, but an equivalency determination is not provided for. She is, therefore, barred from sitting for the examination.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore:

RECOMMENDED that Petitioner's application to take the examination for licensure as a mental health counselor be denied.

RECOMMENDED this 28th day of August, 1987, at Tallahassee, Florida.

ARNOLD H. POLLOCK, Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 1987.

COPIES FURNISHED:

John L. Britton, Esquire BRITTON & KANTNER, P.A.

Barnett Bank Building, Suite 1203 One East Broward Boulevard

Fort Lauderdale, Florida 33301

Phillip B. Miller, Esquire Robert D. Newell, Esquire

102 South Monroe Street Tallahassee, Florida 32301

Linda Biedermann, Executive Director Board of Pschological Services

130 North Monroe Street Tallahassee, Florida 32399-0750

Honorable Van B. Poole, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Joseph A. Sole, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 85-001654

Orders for Case No: 85-001654