Judges: WILLIAM B. THOMAS
Agency: Department of Health
Latest Update: Jun. 29, 1987
Summary: Review of dental mannequin exam dismissed when petitioner failed to demonstrate grade received was improper, erroneous, or unfair.
86-4849STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
BASSETTE A. CAYASSO, )
)
Petitioner, )
)
vs. ) CASE NO. 86-4849
)
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF DENTISTRY, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal administrative hearing in this cause on May 27, 1987, in Miami, Florida. The transcript was filed on June 22, 1987, and the parties were allowed 10 days thereafter to submit proposed findings of fact and conclusions of law. The Respondent waived this right. The submission by the Petitioner does not constitute a set of proposed findings and conclusions, but simply recites an expectation and a hope that the matter will be resolved in his favor, and expresses gratitude for the opportunity to appear at an administrative hearing. Thus, it is not necessary to explicitly accept or reject any of the Petitioner's submissions.
APPEARANCES
For Petitioner: Bassette A. Cayasso, pro se
20236 Southwest 123rd Place Miami, Florida 33177
For Respondent: Chester G. Senf, Esquire
130 North Monroe Street Tallahassee, Florida 32399-0750
By letter dated November 9, 1986, the Petitioner requested a formal administrative hearing to contest the failing grade he receive in the May, 1986, dental examination. Thus, the issue is whether the Petitioner's scores on this dental examination warranted a passing grade or should be re-graded.
The Petitioner testified in his own behalf, but presented no other evidence. Two witnesses testified for the Respondent, and one composite exhibit was received in evidence.
FINDINGS OF FACT
The Petitioner, Bassette A. Cayasso, age 46, was born in Nicaragua, where he lived until April, 1983, when he came to the United States and settled in Miami, Florida. The Petitioner graduated from University Nationale de Nicaragua in 1966. He practiced dentistry in Nicaragua for 17 years, and was a resident on the hospital ship SS Hope where he practiced oral surgery.
The Petitioner has taken the Florida Dental Mannequin Examination three times, the last time being in May, 1986. He failed this examination each time.
The mannequin examination is a dental skills examination wherein the examinee demonstrates his ability to perform various dental procedures on a mannequin. The mannequin is a set of teeth.
Graduates of dental colleges or schools which are not accredited by the American Dental Association are required to take and pass this mannequin examination prior to being permitted to take the regular dental examination.
The school of dentistry from which the Petitioner graduated is not an accredited institution.
On the nine procedures which constituted the May, 1986, mannequin examination, the Petitioner passed four, and failed five. His final composite score was 2.72. A score of 3.00 is necessary in order to pass the examination.
The Petitioner presented no evidence from which it might be found that the grades he received on the mine dental procedures were erroneous. The examination was graded by three graders. One grader gave the Petitioner a passing score on all nine procedures, one passed him on five procedures, and one grader passed him on three procedures. All three grade independently, and their scores are averaged to produce one score for each procedure. The procedure scores are then weighed to produce a final overall score. When a review is requested, a reviewer goes over the scores for all procedures to see if the average grade is justified. In the review of the Petitioner's scores, there was found to be no irregularity in the balancing of the Petitioner's scores, and the overall grade was found to be fair and reasonable, thus not warranting a re- grade of any procedure.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case, pursuant to Section 120.57(1), Florida Statutes.
Section 466.006(3), Florida Statutes, requires an applicant for a license to practice dentistry who is not a graduate of an accredited dental school or college to pass a dental skills pre-examination on a laboratory model or mannequin prior to taking the regular dental examination. Since the dental school from which the Petitioner was graduated is not accredited, he is required to pass the dental mannequin examination.
The Petitioner did not receive a passing score on the May, 1986, dental mannequin examination. There is no evidence to support a finding that the Petitioner was unfairly graded in this examination, that the scores he achieved were erroneous, or that the examination itself was improper in any particular. Therefore, the Petitioner has not met his burden of proof to demonstrate that the grade he received was improper, erroneous or unfair.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is
RECOMMENDED that the Board of Dentistry enter a Final Order dismissing the Petition of Bassette A. Cayasso for a review of his May, 1986, dental mannequin examination.
THIS RECOMMENDED ORDER entered this 29th day of June, 1987, in Tallahassee, Leon County, Florida.
WILLIAM B. THOMAS
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 29th day of June, 1987.
COPIES FURNISHED:
Mr. Bassette A. Cayasso 20236 Southwest 123rd Place Miami, Florida 33177
Chester G. Senf, Esquire
130 North Monroe Street Tallahassee, Florida 32399-0750
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
Pat Guilford, Executive Director Board of Dentistry
130 North Monroe Street Tallahassee, Florida 32399-0750
Docket for Case No: 86-004849
Orders for Case No: 86-004849
| Issue Date |
Document |
Summary |
|
Jun. 29, 1987 |
Recommended Order
|
Review of dental mannequin exam dismissed when petitioner failed to demonstrate grade received was improper, erroneous, or unfair.
|
