STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PATRICIA ANN DEWEES, )

)

Petitioner, )

)

vs. ) CASE NO. 90-1737

) DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MARRIAGE ) AND FAMILY THERAPY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case at Fort Lauderdale, Florida, on May 16, 1990, before Michael M. Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings.

Appearances for the parties at the hearing were as follows:

APPEARANCES

For Petitioner: James C. Pilkey, Esquire

PAYNE, PILKEY & ASSOCIATES

1800 Southeast Third Avenue Suite B

Fort Lauderdale, Florida 33316

For Respondent: Cynthia Gelmine, Esquire 1/

Department of Professional Regulation 1940 N. Monroe Street

Tallahassee, Florida 32399-0792 STATEMENT OF THE ISSUES

The basic issue in this case is whether the Petitioner meets the experience requirements which are prerequisite to eligibility to take the examination for licensure as a marriage and family therapist. The Petitioner contends that she has demonstrated sufficient experience; the Respondent contends otherwise.

PRELIMINARY STATEMENT

At the hearing on May 16, 1990, the Petitioner testified on her own behalf and also presented the testimony of Linda Biedermann, William G. Brockman, and Betty B. Jenkins. The Petitioner also offered seven exhibits that were received in evidence. A joint composite exhibit was also received in evidence. The Respondent recalled Ms. Biedermann as its only witness. The Respondent did not offer any additional exhibits. Following the hearing, a transcript of the proceedings was filed with the Hearing Officer on June 4, 1990. Thereafter, following two extensions of time which were granted at the request of the parties, all parties filed proposed recommended orders containing proposed

findings of fact and conclusions of law. The parties' proposals have been carefully considered during the preparation of this Recommended Order. Specific rulings on all findings of fact proposed by the parties are contained in the appendix hereto.

FINDINGS OF FACT

1. The Petitioner, Patricia Ann Dewees (hereinafter "Dewees"), seeks to take the examination for licensure as a marriage and family therapist. In an effort to comply with the experience requirements which are prerequisites to eligibility to take the examination, Dewees applied for, and was accepted into, the post graduate program at the Samaritan Center in Fort Lauderdale, Florida.

   
   

2. The Samaritan Center is a nationally and locally recognized non-profit corporation dedicated to the delivery of affordable mental and emotional health care to persons in need. Originally begun as a center in which highly trained clergy would provide psychotherapy and marriage and family counseling, the center is now non-sectarian. It hires only licensed or license eligible professional therapists. The Samaritan Center is one of 67 affiliates nationwide of the Samaritan Institute in Denver, Colorado. The center is dedicated to a holistic approach to therapy, including the balancing of physical, emotional, and spiritual elements of treatment.

   
   

3. Dewees participated in a three year post-master's program at the Samaritan Center in Fort Lauderdale. Her participation in that program is the basis upon which she claims to have the necessary experience to take the licensure examination for marriage and family therapist. 2/ Regarding her experience at the Samaritan Center, Dewees has documented slightly more than 1500 hours of supervised experience during each of the three years. Dewees spent at least fifty percent of that time, and perhaps as much as sixty-seven percent of that time, engaged in attending classes, attending training sessions, attending workshops, and participating in activities directly related to classes, training sessions, and workshops. These activities do not constitute practice of the profession of marriage and family therapy. At best, they constitute preparation for the practice of that profession.

   
   

4. During her participation in the program at the Samaritan Center, Dewees engaged in a number of other activities that did constitute practice of the profession of marriage and family therapy. These activities included such things as providing counseling and therapy to clients, as well as supervision of such counseling and therapy, preparation directly related to such counseling and therapy, and paperwork and administrative duties directly related to such counseling and therapy. These types of activities comprised no more than half of the supervised experience Dewees received at the Samaritan Center.

   
   

5. During her participation in the program at the Samaritan Center, Dewees documented 550 hours of direct individual, group, or family counseling, including at least two of the following categories of cases: unmarried dyads, married couples, separating and divorcing couples, family groups including children.

6. During her participation in the program at the Samaritan Center, Dewees received at least 156 contact hours of supervision, spread out more or less evenly over the three year period. This supervision was supervision of all of her experiences at the Samaritan Center, including the experiences that did not constitute practice of the profession of marriage and family therapy.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the subject matted of and the parties to this proceeding. Sec. 120.57(1), Fla. Stat.

   
   

8. In a case of this nature the applicant bears the burden of proving, by a preponderance of the evidence, the applicant's eligibility to sit for the licensure examination. Any failures in the quality or quantity of the proof are to the detriment of the applicant for licensure.

   
   

9. As a result of the date on which Dewees applied for the licensure examination, she is entitled to have her eligibility to take the examination determined under the statutory and rule provisions that were in effect on September 31, 1987. See Sec. 31 of Ch. 88-392, Laws of Fla.

   
   

10. The statutory experience requirement applicable to Dewees' application appears at Section 490.005(2)(b)4, Florida Statutes (1985), which reads as follows:

    
    

    4. Has had not less than 3 years'

    experience as a marriage and family therapist,

    2 years of which must be at the post-master's level and 2 years of which must be under the supervision of someone who meets the education and experience criteria required for licensure as a marriage and family therapist under this chapter. A doctoral internship may be applied toward the supervision requirement.

    
    

11. The rule based experience requirements applicable to Dewees' application appear at Rules 21U-500.003 and 21U-500.005, Florida Administrative Code. At the time applicable to Dewees' application, those rule provisions read, in pertinent part:

    
    

    21U-500.003 Application Requirements.

    Every applicant for licensure as a clinical social worker, marriage and family therapist, mental health counselor, or school psychologist shall:

    (5) Submit verification of three (3) years experience in the practice of the profession for which licensure is sought. As part of the above three (3) year requirement submit verification of two (2) years of supervised experience and two (2) years post-master's experience, in accordance with Rule 21U- 500.005, Florida Administrative Code. (emphasis added)

    21U-500.005 Experience Required.

    1. One (1) year of experience is defined as a twelve (12) month period during which the applicant practices the profession for which licensure is sought, for a minimum of 1,500 hours. If during a twelve (12) month period, the applicant is engaged in practice for fewer than 1,500 hours, credit will be granted for a fraction of a year's experience represented by the number of hours actually practiced. An applicant shall not be credited with more than one (1) year of experience in any twelve (12) month period.

    2. A minimum of 100 contact hours of supervision is required as a part of the two

    (2) years of supervised experience requirement. Not more than two (2) hours of supervision per week and not more than fifty

    (50) hours of direct supervision per one calendar year shall be credited toward this requirement.

    1. "Supervised" and "supervision," as utilized in Section 490.005, F.S., shall be deemed and construed to mean the applicant, during his period of supervision, was subjected to oversight, guidance and evaluation by someone who meets the education and experience requirements for licensure in the profession for which licensure is sought by the applicant.

    2. Supervision shall involve:

       1. Face to face conversation with supervisor.

       2. A focus on the raw data from the student's clinical work, which is made directly available to the supervisor through such means as written clinical materials, direct observation and video and audio recordings.

       3. A process which is clearly distinguish- able from personal psychotherapy or didactic instruction.

    3. Of the three (3) years required experience for licensure as a marriage and family therapist the applicant must demonstrate 500 hours of direct individual, group or family counseling, to include at least two (2) of the following categories of cases:

    1. Unmarried dyads.

    2. Married couples.

    3. Separating and divorcing couples.

    4. Family groups including children. (emphasis added)

12. The Petitioner has fulfilled the requirement of Rule 21U-500.005(2), Florida Administrative Code, by documenting a minimum of 100 contact hours of supervision. The Petitioner has also fulfilled the requirement of Rule 21U- 500.005(5), Florida Administrative Code, by documenting a minimum of 500 hours of direct individual, group, or family counseling in at least two of the categories specified in that rule provision.

    
    

13. The Petitioner has not fulfilled the statutory experience requirement imposed by Section 490.005(2)(b)4, Florida Statutes (1985), nor has she fulfilled the rule based experience requirement of Rule 21U-500.003(5), Florida Administrative Code. This failure is due to the fact that the Petitioner has not established that she has completed three years experience "in the practice of the profession for which licensure is sought;" in this case, the profession of marriage and family therapy. The most that can be said on the basis of the record in this case is that the Petitioner has approximately one and one-half years of experience in the practice of the profession. 3/ This is because at least half of the Petitioner's hours of supervised activities at the Samaritan Center involved activities that cannot fairly be called "practice of the profession." Although such activities are certainly valuable preparation for the profession, they do not constitute "practice of the profession." Because the Petitioner has failed to demonstrate her compliance with section 490.005(2)(b)4, Florida Statutes (1985), and Rule 21U-500.003(5), Florida Administrative Code, it must be concluded that she is not eligible to take the licensure examination for marriage and family therapist.

RECOMMENDATION

For all of the foregoing reasons, it is recommended that a Final Order be issued in this case concluding that the Petitioner, Patricia Ann Dewees, has not met the necessary experience requirements and denying her application to take the licensure examination for Marriage and Family Therapist.

DONE AND ENTERED at Tallahassee, Leon County, Florida, this 1st day of October, 1990.

MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 1st day of October, 1990.

ENDNOTES

1/ Ms. Gelmine appeared for the Respondent at the hearing. Since the hearing, the Respondent has been represented by D. Harper Field, Esquire, at the same address.

2/ The only qualifying experience claimed on her application was the experience she received at the Samaritan Center. At the hearing Dewees asserted for the first time that she had other qualifying experience; specifically, experience working as a Hospital Case Worker for the American Red Cross and a year of work as a volunteer with the Sexual Assault Treatment Center in Broward County, Florida. The evidence offered regarding these two additional work experiences is insufficient to support a finding that they constituted the practice of marriage and family therapy. In this regard it is noted that at the time Dewees was working for the American Red Cross, she had not received any training or course work in marriage and family therapy. Thus, it is most unlikely that whatever she was doing for the American Red Cross constituted the practice of marriage and family therapy.

3/ A detailed analysis of the Petitioner's activities at the Samaritan Center may reveal that her actual hours of practice of the profession in that setting entitle her to substantially less experience credit. The record in this case does not contain sufficient information to make such a detailed analysis, but it is clear from the record in this case that the most that can be established is that the Petitioner has had one and one-half years of experience, which is far short of the statutory and rule requirements.

APPENDIX TO RECOMMENDED ORDER IN CASE NUMBER 90-1737

The following are my specific rulings on all proposed findings of fact submitted by all parties.

Findings submitted by Petitioner:

The paragraphs of the Petitioner's proposed findings of fact are not numbered. The page references used below are references to the pages of the Petitioner's Proposed Recommended Order.

Top paragraph on P. 4: Rejected as consisting of unnecessary background details and statutory materials that belong in the conclusions of law.

Bottom paragraph on P. 4: Rejected as constituting material that belongs in the conclusions of law.

The two paragraphs that begin on P. 5: Accepted.

Paragraph beginning at 6th line of P. 6: Rejected as subordinate and unnecessary details.

Paragraph beginning at middle of P. 6: Rejected as constituting statements of position or argument rather than proposed findings of fact.

Paragraph beginning at 4th line of P. 7: First two sentences accepted in substance. Third and fourth sentences rejected as subordinate and unnecessary details. Last sentence rejected because the testimony referred to was not persuasive and was contrary to the greater weight of the evidence.

Paragraph beginning at middle of P. 7: Rejected as subordinate and unnecessary details.

Paragraph beginning at last line on P. 7: Accepted in substance.

Paragraph beginning at 6th line of P. 8: First, second and third sentences rejected because they contain details and implications that are not supported by persuasive competent substantial evidence and are contrary to the greater weight of the evidence. Fourth sentence rejected as contrary to the greater weight of the evidence. Fifth sentence rejected as irrelevant.

Paragraph beginning at 4th line from bottom of P. 8: First sentence rejected as constituting argument or conclusions of law. Second, third, fourth, and fifth sentences rejected as a mixture of subordinate and unnecessary details and argument. Sixth sentence rejected as contrary to the greater weight of the evidence. Seventh sentence rejected as constituting argument. Eighth sentence rejected as not supported by persuasive competent substantial evidence and as contrary to the greater weight of the evidence.

Paragraph beginning at middle of P. 9: First sentence rejected as a statement of position rather than a proposed finding of fact. Second, third, and fourth sentences rejected as irrelevant details because the record is insufficient to demonstrate that this was qualifying experience. Fifth sentence rejected as not supported by competent substantial evidence; the evidence shows that the Petitioner worked with injured servicemen and their families, but it does not show that she was involved in counseling. Sixth sentence rejected as irrelevant because there is insufficient record evidence regarding the nature of the Petitioner's activities at the Sexual Assault Treatment Center.

Paragraph beginning at 2nd line on P. 10: Rejected as irrelevant and as subordinate and unnecessary details.

Paragraph beginning at 8th line on P. 10: First sentence rejected as irrelevant and as not supported by competent substantial evidence. Second sentence accepted.

Paragraph beginning at middle of P. 10: Rejected as irrelevant to the issues in this case.

Findings submitted by Respondent:

Paragraph 1: First sentence accepted in substance. Second sentence rejected as constituting a conclusion of law. The remainder of this paragraph is accepted in substance. Unnumbered paragraph following Paragraph 1: First sentence accepted. Second sentence rejected because reiteration is unnecessary in proposed findings of fact.

Paragraphs 2 and 3: Rejected as unnecessary summaries of testimony adverse to the Respondent's position, rather than proposed findings of fact. The Respondent obviously does not wish the have the Hearing Officer make findings of fact based on most of the testimony summarized in these two paragraphs. Thus, it serves no useful purpose for the Respondent to include summaries of such testimony in its proposed findings of fact. The work of Hearing Officers would be greatly facilitated and expedited if attorneys would abandon the practice of summarizing the testimony and would include in their proposed findings only a statement of the basic facts they hope will be found.

Paragraph 4: First four sentences rejected as irrelevant and subordinate and unnecessary details. The remainder of this paragraph is accepted in substance.

Paragraph 5: For the most part rejected as an unnecessary summary of mostly irrelevant details. Some of the facts underlying the summary have been found.

COPIES FURNISHED:

James C. Pilkey, Esquire PAYNE, PILKEY & ASSOCIATES

1800 Southeast Third Avenue, Suite B Fort Lauderdale, FL 33316

E. Harper Field, Esquire

Department of Professional Regulation 1940 N. Monroe Street

Tallahassee, FL 32399-0792

Linda Biedermann, Executive Director Board of Clinical Social Work, Marriage

& Family Therapy and Mental Health Counselling

Department of Professional Regulation 1940 North Monroe Street

Suite 60

Tallahassee, FL 32399-0792

Kenneth D. Easley, Esquire General Counsel

Department of Professional Regulation 1940 North Monroe Street

Suite 60

Tallahassee, FL 32399-0792

Docket for Case No: 90-001737

Orders for Case No: 90-001737