STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARILYN L. EDWARDS, )

)

Petitioner, )

)

vs. ) CASE NO. 87-0852

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Consistent with the Notice of Hearing furnished to the parties in this case by the Hearing Officer, W. Matthew Stevenson, on April 6, 1987, a hearing was held in this case before Arnold H. Pollock, a Hearing Officer with the Division of Administrative Hearings in Miami Florida on June 25, 1987. The issue for consideration at the hearing was whether the Petitioner should be allowed to sit for examination as a clinical laboratory technologist in Florida.

APPEARANCES

For Petitioner: Marilyn L. Edwards, pro se

2300 Northwest 94th Street Miami, Florida 33147

For Respondent: Leonard T. Helfand, Esquire

Department of Health and Rehabilitative Services

401 Northwest 2nd Avenue, Suite 1040 Miami, Florida 33128

BACKGROUND INFORMATION

On August 14, 1986, Amy M. Jones, Director of the Office of Licensure and Certification for Department of Health and Rehabilitative Services, (DHRS), by letter, advised Petitioner that her application for examination for licensure as a technologist under the Florida Clinical Laboratory Law had been denied on the basis that she failed to meet the qualifications for licensure set forth in the Department's rules. Thereafter, on August 23, 1986, Ms. Edwards responded to Ms. Jones' letter requesting reconsideration or, in the alternative, petitioning for a hearing. On September 15, 1986, Mr. George S. Taylor, Assistant Administrator, Laboratory Personnel Licensure Section in the Office of Licensure and Certification responded to Petitioner's letter reiterating the position previously taken by DHRS and again denying application for licensure. The file was subsequently forwarded to the Division of Administrative Hearings for appointment of a Hearing Officer and on April 6, 1987, W. Matthew Stevenson, Hearing Officer, set the case for hearing on June 25, 1987. Prior to the hearing, the case was transferred to the undersigned who held the hearing as scheduled.

At the hearing, Respondent presented the testimony of George S. Taylor, Jr., and introduced Respondent's Exhibit A. Petitioner testified in her own behalf but did not submit any documentary evidence or other exhibits.

Subsequent to the hearing Respondent submitted a proposed Recommended Order and Findings of Fact which has been accepted and is incorporated in this Recommended Order.

FINDINGS OF FACT

1. At some time prior to August 14, 1986, the Petitioner herein, Marilyn

   L. Edwards, submitted an application for examination for licensure as a technologist in Florida under the provisions of the Florida Clinical Laboratory Law, Chapter 483, Florida Statutes.

   
   

2. Petitioner's application was reviewed in the Office of Licensure and Certification of DHRS by Mr. George S. Taylor, Jr. Assistant Administrator of the Laboratory Personnel Licensure Section. The criteria for licensure as a technologist are outlined in Section 10D-41.69, Florida Administrative Code, which provides that the applicant must have one of the following:

   
   

   1. A bachelor's degree, from an accredited college or university in an approved Medical Technology Program, or

   2. 90 semester hours at an accredited college or university in addition to one year in an AMA approved school of medical technology, or

   3. A bachelor's degree from an accredited college or university in one of the chemical, physical, or biological sciences with one year laboratory experience at the technician level, or

   4. An associate degree or 60 semester hours at an accredited college or university in an approved Medical Laboratory Technician Program which includes 8 hours in chemistry and 8 hours in biological science, or

   5. 60 semester hours at an accredited college or university including 20 hours of science of which at least 8 hours is in chemistry and 8 in biological science plus 4 years experience as a chemical laboratory technician.

      
      

3. Petitioner's application was filed under the provisions of Rule 10D- 41.69(4), Florida Administrative Code, above. However, Petitioner did not meet that criteria. The school at which she was trained a program administered by the Veteran's Administration, (VA), Hospital in Dublin, Georgia, was not an accredited college as required.

   
   

4. Ms. Edwards attended a VA certified laboratory assistant program in Dublin, Georgia, approved by the American Society of Clinical Pathology during 1970 and 1971. After graduating from that program, she took and passed the technician's examination in Florida.

5. The course work included in the VA program included 1388 of classroom hours of course work which have not, to this date, been converted to equivalent credit hours. The course work did, however include such subject matters as anatomy, organic and inorganic chemistry, hematology parasitology, microbiology, urinalysis coagulation, and aminohematology. Ms. Edwards contends that according to the current schedule of Miami-Dade Community College the above courses make up the course work for the Associate degree in technology and in addition to the above, Ms. Edwards did her practicals, which included phlebotomy training, at the VA Hospital in Dublin.

   
   

6. Ms. Edwards has had fourteen years of training and experience in the medical technician field. Based on the course work taken and her fourteen years experience, she contends she meets the criteria for examination. It is her opinion that the agency, in denying her application for examination, has failed to consider the years of experience she has and it is her contention that some of the programs approved by the agency are not as thorough in the laboratory sciences as that which she took.

   
   

7. Ms. Edwards feels she has the knowledge to be a technologist, but admits the rules currently existing prohibit her certification because of the fact that she does not have the required course work at an approved college or university.

   
   

8. The American Medical Association approves various types of allied health education and three types of medical technology education which are referenced in the agency rule. These are:

   
   

   1. Medical technologist (a four year degree program from an accredited academic institution),

   2. A medical laboratory technician associate degree program offered by various community colleges (This is very similar to and generally geared to the technician levels but there is more academics involved than for the technician certification. This second pathway meets the academic requirements for certification.), and

   3. A one year medical laboratory technician course (not referenced for technologist licensure but for technician only).

      
      

9. There is a difference between a technician and a technologist. The former can perform with supervision and undertake tasks requiring limited judgment. The latter may work independently without supervision. Petitioner is already designated as a medical technician.

   
   

10. In her application, according to the agency, Petitioner submitted evidence of a course of training for a technician in order to be certified as such. She also submitted the same educational background with her application for licensure as a technologist. The Veteran's Administration Hospital's course is not accredited for college credit.

11. Even though she applied under Section (4) of the rule, she could be considered under Subsection (5) which calls for 60 semester hours plus 20 hours of scientific courses in biology and chemistry, along with four years clinical laboratory experience. Petitioner has the clinical laboratory experience and has taken some courses, but she is not considered as meeting the academic requirement because the institution where her educational courses were taken is not an accredited academic institutions as outlined in the Education Directory published by the National Center for Education Statistics sponsored by the United States Department of Education. As a result, the courses she took do not qualify as college academic courses at the technologist level.

    
    

12. DHRS does not establish equivalent course work. The 1388 hours of classroom work taken by the applicant are not semester hours. Though Mr. Taylor said that if she had an accredited junior college or other academic institution translate the equivalents within its degree program and give her academic credit for them and if it is determined by the institution that her course work is equivalent to the required 60 hours for licensure, Petitioner will be permitted to sit for the examination, this really cannot be done.

    
    

13. The equivalents outlined in the rule refer to equivalent courses that is semester hours to quarter or trimester hours - not equivalent institutions.

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

15. The qualifications for certification upon examination as a laboratory technologist in Florida are set out in Rule 10D- 41.69(1)-(5), Florida Administrative Code. Petitioner's application was submitted under subsection

    (4) but could also be considered under subsection (5), both of which require, inter alia, completion of 60 semester hours or its equivalent, of academic course work at an accredited college or university.

    
    

16. The VA Hospital where Petitioner took her 1388 classroom hours of instruction is not an accredited college or university and the work taken there does not qualify her to sit for the examination.

RECOMMENDATION

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

RECOMMENDED that Petitioner, Marilyn Edwards, be denied examination for 1icensure as a certified laboratory technologist in Florida based on her current educational background.

RECOMMENDED this 23rd day of July, 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 23rd day of July, 1987.

COPIES FURNISHED:

Sam Powers, Agency Clerk Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

Gregory L. Coler, Secretary Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee Florida 32399-0700

Marilyn L. Edwards

2300 Northwest 94th Street Miami, Florida 33147

Leonard T. Helfand Esquire Department of Health and

Rehabilitative Services

401 Northwest 2nd venue, Suite 1040 Miami, Florida 33128

Docket for Case No: 87-000852

Orders for Case No: 87-000852