STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BONNIE HEITZMAN, )

)

Petitioner, )

)

vs. ) CASE NO. 86-1436

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on August 14, 1986, in New Port Richey, Florida.

APPEARANCES

For Petitioner: Bonnie Heitzman, pro se

13217 Wagner Drive

Bayonet Point, Florida 33567

For Respondent: Carol Wind, Esquire

Department of Health and Rehabilitative Services

2255 East Bay Drive Clearwater, Florida 33546

By letter dated February 19, 1986, Bonnie Heitzman, Petitioner, requested a hearing to contest the denial of her application for a supervisor license in histology. No disputed facts were alleged but the case was forwarded to Division of Administrative Hearings and this hearing ensued.

At the hearing, Petitioner testified in her own behalf, Respondent called one witness and two exhibits were admitted into evidence. The facts are not in dispute.

FINDINGS OF FACT

1. Petitioner has 13 semester hours of science credits in college. She is also certified with the American Society of Clinical Pathologists. Petitioner's sole contention is that her certification is the equivalent of the seven remaining semester hours of academic instruction she needs to reach the 20 hours of science courses required for licensure by Rule 10D-49.68, Florida Administrative Code.

   CONCLUSIONS OF LAW

   
   

2. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

3. Rule 10D-49.68, Florida Administrative Code, establishes the requirement to be licensed as supervisor of laboratory personnel. As applicable to Petitioner, that rule provides that to qualify the applicant must:

   
   

   (5)(a) Qualify as a technologist pursuant to the provisions of Rule 10D-41.69(8)(a) or (8)(b) and have six years experience in histology.

   
   

   Rule 10D-41.69(8)(b) provides:

   
   

   Successful completion of 2 years of academic study, 60 semester hours or equivalent, in one of the chemical, physical or biological sciences from an accredited college or uni- versity which shall include 20 semester hours of science and in addition has 4 years of experience in histotechnology in an approved laboratory. Successful completion of a histology program accredited by the Commit- tees on Allied Health Education and Accredi- tation may be substituted for 1 year of experience.

   
   

4. Petitioner meets all of the requirements for licensure as supervisor cited above except for the 20 semester hours of science. She is therefore not qualified for licensure as a laboratory supervisor. It is,

RECOMMENDED that the petition of Bonnie Heitzman for licensure as a laboratory supervisor be dismissed.

DONE and ORDERED this 12th day of September 1986, in Tallahassee, Florida.

K. N. AYERS 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 12th day of September 1986.

COPIES FURNISHED:

Bonnie Heitzman, pro se 13217 Wagner Drive

Bayonet Point, Florida 33567

Carol Wind, Esquire Department of Health and

Rehabilitative Services 2255 East Bay Drive Clearwater, Florida 33546

William Page, Jr.

Secretary

1323 Winewood Boulevard

Tallahassee, Florida 32301

Steven W. Huss General Counsel

1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 86-001436

Orders for Case No: 86-001436