STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IVAN D. BARAQUE, M.D., )
)
Petitioner, )
)
vs. ) CASE NO. 90-4130
)
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MEDICINE, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a formal hearing in the above-styled case on January 4, 1991, in Tallahassee, Florida.
APPEARANCES
For Petitioner: George J. Baraque, Esquire
1031 North Miami Beach Boulevard North Miami Beach, Florida 33162
For Respondent: Allen R. Grossman, Esquire
Assistant Attorney General Department of Legal Affairs Suite 1602, The Capitol Tallahassee, Florida 32399-1050
STATEMENT OF THE ISSUES
At issue in this proceeding is whether petitioner's application for a medical license by endorsement should be approved.
PRELIMINARY STATEMENT
Petitioner, Ivan D. Baraque, applied for licensure as a physician by endorsement through what is commonly referred to as the "Fifth Pathway" program, Section 458.311(3), Florida Statutes (1989). 1/ Respondent, Department of Professional Regulation, Board of Medicine (Board), denied petitioner's application, and petitioner filed a request for formal hearing. Thereafter, the matter was referred to the Division of Administrative Hearings, along with a request that a Hearing Officer be assigned to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes.
At hearing, petitioner testified on his own behalf, and his exhibits 1-4 were received into evidence. 2/ The Board called no witnesses; however, its exhibits 1-6 were received into evidence.
The transcript of hearing was filed February 15, 1991, and the parties were granted leave, at their request, until March 18, 1991, to file proposed findings of fact. Consequently, the parties waived the requirement that a recommended order be rendered within thirty days after the transcript is filed. Rule 22I- 6.031, Florida Administrative Code. The parties' proposed findings of fact are addressed in the appendix to this recommended order.
FINDINGS OF FACT
Case Status
Petitioner, Ivan D. Baraque, applied to respondent, Department of Professional Regulation, Board of Medicine (Board), for licensure as a physician by endorsement through what is commonly referred to as the "Fifth Pathway" program, Section 458.311(3), Florida Statutes. By order dated May 8, 1987, the Board denied petitioner's application. The predicate for the Board's denial was its conclusion that petitioner was not eligible for licensure under such program because he had not "completed undergraduate work in an accredited United States college or university," as required by Section 458.311(3)(a), Florida Statutes.
On or about June 14, 1987, petitioner filed a timely request for formal hearing with the Board. Thereafter, by letter of June 29, 1990, the matter was referred to the Division of Administrative Hearings for the assignment of a Hearing Officer to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes.
The applicant's background
Petitioner, born in Columbia, South America, on January 31, 1950, has been a resident of the United States since 1957, and has demonstrated his ability to readily read, write, speak and comprehend the English language.
Petitioner attended public schools in Dade County, Florida, and graduated from Hialeah Senior High School in 1968. Following graduation, he attended Miami Dade Community College for four years, completing two years of undergraduate premedical studies and a two-year opticianry program. In 1972 petitioner received an Associate of Science (AS) degree in opticianry from Miami Dade Community College and then enrolled at Florida International University, where he spent a year and a half in a medical technological program. In all, petitioner has amassed approximately 125 college credits, but has not completed the requirements for any particular discipline that would entitle him to a four- year undergraduate degree. To acquire such degree would require approximately two additional semesters at Florida International University.
In 1978, petitioner enrolled in a course of study at the medical school of La Universidad Autonoma de Guadalajara (the Autonomous University of Guadalajara), Republic of Mexico, to become a physician. That course of study contemplated four years of didactic medical education, one year of internship, one year of social service, and the successful completion of a professional examination. Upon completion of such formal requirements, petitioner would have been awarded the "Titulo," which carries the right to assume the title of Doctor, and would have been eligible for licensure as a physician in the Republic of Mexico.
Petitioner completed his four years of didactic medical education, and on June 18, 1982, was awarded a diploma as evidence of his successful completion of such curriculum. Petitioner did not, however, remain in the Republic of Mexico to complete the remaining formal requirements of his course of study that would have resulted in the award of the "Titulo," but elected to return to the United States.
Petitioner passed the Educational Commission for Foreign Medical Graduates (ECFMG) examination, which tests basic sciences, clinical sciences and proficiency in the English language, on January 26, 1983. He was not, however, issued a standard ECFMG certificate because he had not completed the remaining formal requirements of his course of study in the Republic of Mexico or been awarded the "Titulo."
Instead of pursuing licensure through ECFMG certification, which would have required completion of the formal requirements demanded by the Republic of Mexico, petitioner elected to pursue the "Fifth Pathway" program in the State of New York, which accepts the "Fifth Pathway" as recommended by the American Medical Association (AMA). That recommendation is essentially as follows:
The "Fifth Pathway," is available to persons who meet all of the following conditions:
have completed, in an accredited U.S. college or university, undergraduate premedical work of the quality acceptable for matriculation in an accredited U.S. medical school;
have studied medicine in a medical school located outside the United States, Puerto Rico, and Canada, which is listed in the World Directory of Medical Schools, published by the World Health Organization;
have completed all of the formal requirements of the foreign medical school except internship and/or social service. (Those who have completed all of these requirements including internship and/or social service are not eligible for a Fifth Pathway program.)
Students who have completed the academic curriculum in residence at a foreign medical school and who meet the above conditions
may be offered the opportunity to substitute for an internship and/or social service required by a foreign medical school, an academic year of supervised clinical training prior to entrance into the first year of an approved U.S. graduate medical education program. The supervised clinical training must be provided by faculty of an undergraduate program in medical education accredited by the Liaison Committee on Medical Education, and should be conducted in closely affiliated hospitals to assure that those who complete such programs have
received training which is reasonably comparable to that of the school's regularly graduated students...
Before the beginning of the supervised clinical training, said students must attain a score satisfactory to the sponsoring medical school on a screening examination, preferably nationally administered, and have their academic records and skills evaluated by the faculty to identify individual academic deficiencies to be remedied by completion of the supervised clinical program. Fifth Pathway graduates must pass the FMGEMS before they can be admitted to residency training.
Physicians who have a Fifth Pathway certificate and have passed FMGEMS are eligible for appointment to residency training. They must also meet requirements established by the state medical board in the state where the residency program is located and must
be accepted for appointment by the director of the residency program.
Petitioner successfully completed the "Fifth Pathway" program at Mount Sinai School of Medicine of the City University of New York, City Hospital Center at Elmhurst, and was granted "Fifth Pathway" certification on June 30, 1984. He initiated his postgraduate training at such hospital on July 1, 1984, as a resident in medicine (PHY 1), and completed his residency in internal medicine in June 1987. Since such date, petitioner has been in private practice in the State of New York, as a physician. 3/
Petitioner has been licensed as a physician in the State of New York since January 28, 1985, and in the State of California since approximately September 1986. At no time has any disciplinary action been taken against him.
Currently, it is petitioner's desire to return to Dade County, Florida, to practice his profession. He has strong ties with that community, having been raised and educated in the area, and his parents and immediate family reside there.
The pending application
Here, petitioner, a graduate of a foreign medical school, seeks licensure as a physician, by endorsement, in the State of Florida under the "Fifth Pathway" program. But for the Board's contention that petitioner is not eligible for licensure under such program, because he had not "completed undergraduate work in an accredited United States college or university," as required by Section 458.311(3)(a), Florida Statutes, the Board admits that petitioner otherwise meets the licensure requirements of Sections 458.311(1) and (3), and 458.313(1)(a), Florida Statutes.
Pertinent to this case, Florida's "Fifth Pathway" program varies in one material respect from that recommended by the AMA, and adopted by the State of New York. As heretofore noted, the program recommended by the AMA is available to graduates of foreign medical schools who meet, inter alia, the following condition:
have completed, in an accredited U.S. college or university, undergraduate premedical work of the quality acceptable for matriculation in an accredited U.S. medical school.
The Florida program, codified at Section 458.311(3), Florida Statutes, is available to a graduate of a foreign medical school, if the applicant meets, intra alia, the following condition:
(a) Has completed undergraduate work in an accredited United States college or university.
The Board has consistently interpreted the requirement of section 458.311(3)(a), that an applicant have "completed undergraduate work," to mean that the applicant have been awarded a four-year undergraduate/baccalaureate degree. Davidson v. Department of Professional Regulation, Board of Medicine,
10 FALR 1128 (December 1989), and Montes v. Department of Professional Regulation, Board of Medical Examiners, 7 FALR 5717 (November 1985). The Board does not, however, require that the baccalaureate degree be in any specific discipline. For example, in Davidson, supra, the applicant, a graduate of a foreign medical school, sought licensure by endorsement in the State of Florida under the "Fifth Pathway" program, but was denied licensure because he lacked a baccalaureate degree from a United States college. Thereafter, the applicant applied for, and was granted admission to, an adult degree program at a United States college. That program entailed approximately six months work, during which the applicant spent about three weeks on campus and the balance of his time doing self study. Specifically, the applicant's course of study was described as:
... an in-depth study of photography, the history of photography, actual work in photography, including taking black and white and color photographs, processing, developing and mounting of black and white photographs and a presentation of color pictures taken by the ... [applicant]. The ... [applicant] ... wrote a paper on the history of photography and completed a study on architecture in Chicago which was documented photographically and in a paper....
Based on the applicant's completion of such course of study, as well as his academic record at a foreign university and his life experiences, he was awarded a Bachelor of Science in General Science. Such degree was subsequently accepted by the Board as satisfying the requirements of section 455.311(3)(a), and the applicant was granted licensure by endorsement.
The Board's articulated rationale for denying licensure by endorsement to applicants under the "Fifth Pathway" program who lack a baccalaureate degree from a United States college is set forth in the Board's response to petitioner's first set of interrogatories. There, at interrogatory number 12, the Board states that the objectives and goals it seeks to accomplish and promote by requiring such a degree are:
As set forth by statute it is the objective of the Board of Medicine to protect the health, safety and welfare of the public by requiring and enforcing a minimum standard of safe practice of medicine in Florida. This is accomplished by enforcing those requirements for licensure set forth by the Legislature in Chapter 458, Florida Statutes. The requirement set forth by the Legislature for completion of undergraduate work in an accredited United States college or university is only for those foreign graduates who choose to apply for licensure, but do not meet the requirements of Section 458.311(1)(f)3 for a certificate
issued by the Educational Commission for foreign medical graduates and a passing score on the examination utilized by that commission. The objective of the alternative provision in Section 458.311(3) is to allow applicants who are not eligible to receive ECFMG certification to be licensed by an consistent alternative method that will still assure sufficient English competence and basic education. These applicants are not eligible, in part, because they have not completed all the requirements
of their medical school and therefore have not received a final diploma.
And, at interrogatory number 14, the Board is posed the following question to which it gave the following response:
14. Please indicate how interpreting the phase "completed undergraduate work" as requiring only that the applicant have completed those undergraduate courses necessary to enter medical school [... as recommended
by the AMA and advocated by petitioner.] ..., without necessarily completing the credits necessary to be conferred a Baccalaureate/ Undergraduate degree, does not meet these objectives.
The rigors of a degree program, including those requirements beyond that which is required for medical school, and the necessity of completing an organized, integrated and comprehensive course of study culminating the award of an undergraduate degree, provide confidence in the quality as well as quantity of education received.
As noted by the Board in its response to the foregoing interrogatories, the requirement of a baccalaureate degree is only imposed on those foreign graduates who do not meet the requirements of section 458.311(1)(f)3, and elect to apply for licensure under the "Fifth Pathway" program. For those foreign graduates who receive ECFMG certification, as well as graduates of United States medical schools, there is no requirement that they possess a baccalaureate degree to be eligible for licensure.
Here, while petitioner does not hold a baccalaureate degree, he has completed approximately 125 college credits in a United States College or university, has received an AS degree in opticianry from Miami Dade Community College, has been licensed as an optician in the State of Florida, and has demonstrated competency in the English language. He has further completed the four years of didactic medical education at La Universidad Autonoma de Guadalajara, has passed the ECFMG examination, has passed the FLEX examination, and has successfully completed the "Fifth Pathway" program. Finally, petitioner has successfully completed a three-year residency in internal medicine, been licensed as a physician in the State of New York for over six years, and is currently engaged in the private practice of that profession, without blemish. How requiring petitioner to attend Florida Atlantic University, or any other United States university, for two more semesters to complete the requirements for a baccalaureate degree, without regard to discipline, or how requiring petitioner to return to the Republic of Mexico to complete one year of social service so that he might obtain ECFMG certification, would further the Board's objective to protect the health, safety, and welfare was not reasonably explicated by the Board. To the contrary, the proof demonstrates, under the circumstances of this case, that such requirements are superficial at best, and bear no reasonable relationship to petitioner's ability to practice medicine with reasonable skill and safety.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 120.57(1), Florida Statutes.
Here, petitioner is seeking to be licensed as a physician by endorsement in the State of Florida, pursuant to Section 458.313(1)(a), Florida Statutes. As the applicant, petitioner has the burden to demonstrate, in this de novo proceeding, his entitlement to licensure. Florida Department of Transportation v. J.W.C. Co., 396 So.2d 778 (Fla. 1st DCA 1981), and Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977).
Section 458.313, Florida Statutes, requires, among other things, that an applicant meet the requirements of Section 458.311, Florida Statutes, to be eligible for licensure by endorsement. Section 458.311(3), Florida Statutes, commonly referred to as the "Fifth Pathway" program, permits licensure of a foreign medical graduate, who has not obtained ECFMG certification, if he:
Has completed undergraduate work in an accredited United States college or university.
Has studied at a medical school which is recognized by the World Health Organization.
Has completed all of the formal requirements of the foreign medical school, except the internship or social service requirements, and has passed part 1 of the National Board of Medical Examiners examination or the Educational Commission for Foreign Medical Graduates examination equivalent.
Has completed an academic year of supervised clinical training in a hospital affiliated with a medical school approved by the Council on Medical Education of the American Medical Association and upon completion has passed part II of the National Board of Medical Examiners examination or the Educational Commission for Foreign Medical Graduates examination equivalent.
Here, the Board has admitted that petitioner meets all requirements for licensure as a physician by endorsement in the State of Florida except the provisions of section 458.311(3)(a), which require that the applicant have "completed undergraduate work in an accredited United States college or university."
As heretofore noted in the findings of fact, the Board has consistently interpreted "completed undergraduate work" to mean that the applicant has been awarded a four-year undergraduate/baccalaureate degree. Davidson v. Department of Professional Regulation, Board of Medicine, 10 FALR 1128 (December 1989), and Montes v. Department of Professional Regulation, Board of Medical Examiners, 7 FALR 5717 (November 1985). Petitioner contends that the Board's interpretation of such statutory provision is erroneous, and that it should be read to mean, consistent with the AMA's recommended "Fifth Pathway" program, that the applicant need only complete, in an accredited United States college or university, undergraduate premedical work of the quality acceptable for matriculation in an accredited United States medical school. If so interpreted, petitioner would satisfy the requirements of section 458.311(3)(a).
Generally, an administrative construction of a statute by an agency responsible for its administration is entitled to great deference and should not be overturned unless clearly erroneous. Department of Environmental Regulation
v. Goldring, 477 So.2d 532 (Fla. 1985), All Seasons Resorts, Inc. v. Division of Land Sales, Condominiums and Mobile Homes, 455 So.2d 544 (Fla. 1st DCA 1984), and Sans Souci v. Division of Land Sales and Condominiums, 421 So.2d 623 (Fla. 1st DCA 1982). Moreover, the agency's interpretation of a critical term, here "completed undergraduate work," does not have to be the only one or the most desirable one; it is enough if it is permissible. Florida Power Corp. v. Department of Environmental Regulation, 431 So.2d 684 (Fla. 1st DCA 1983). Such being the standard, it is found that the Board's interpretation of the phrase "completed undergraduate work" to mean the award of a four-year undergraduate/baccalau-reate degree, while perhaps not the most desirable interpretation for the protection of the public health, safety and welfare, is a permissible interpretation, and not clearly erroneous. See: Davidson v. Department of Professional Regulation, Board of Medicine, supra, and Montes v. Department of Professional Regulation, Board of Medical Examiners, supra.
While petitioner has failed to demonstrate that he satisfies the literal requirement of subsection 458.311(3)(a), because he does not possess a baccalaureate degree from a United States college or university, such finding does not necessarily compel the conclusion that his application for licensure by endorsement should be disproved. Pertinent to this point, Section 458.313(8), Florida Statutes, accords the Board discretion when it determines that an applicant for licensure by endorsement has failed to meet each of the requirements for licensure. That subsection provides:
When the board determines that any applicant for licensure by endorsement has failed to meet to the board's satisfaction each of the appropriate requirements set forth in this section it may enter an order requiring one or more of the following terms:
Refusal to certify to the department an application for licensure, certification, or registration;
Certification to the department of an application for licensure, certification, or registration with restrictions on the scope of practice of the licensee; or
Certification to the department of an application for licensure, certification, or registration with placement of the physician on probation for a period of time and subject to such conditions as the board may specify, including, but not limited to, requiring the physician to submit to treatment, attend continuing
education courses, submit to reexamination, or work under the supervision of another physician.
Here, while the proof supports the Board's interpretation of section 458.311(3)(a) in the abstract, it likewise demonstrates that the literal application of such interpretation, without regard to the qualifications of an individual applicant, is lacking in reason, and is further contrary to the legislature's mandate that such failings be addressed on a case-by-case basis to reasonably assess the qualifications of each applicant. In the instant case, the Board offered no credible reason as to why petitioner's failure to receive a baccalaureate degree would adversely affect his ability to practice medicine with reasonable skill and safety or, stated differently, what reasonable benefit would be gained by compelling petitioner to attend undergraduate school for two more semesters simply to acquire a baccalaureate degree, when the discipline to which the degree relates is of no import. To the contrary, as heretofore found, the proof supports the conclusion that petitioner's failure to secure a baccalaureate degree bears no reasonable relationship to his ability to practice medicine with reasonable skill and safety.
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered certifying petitioner's
application to the Department of Professional Regulation, for licensure by endorsement with, should the Board be persuaded that such is appropriate, placement of petitioner on probation for such term and subject to such conditions as the Board may reasonably specify.
DONE AND ENTERED in Tallahassee, Leon County, Florida, this 24th day of April 1991.
WILLIAM J. KENDRICK
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 24th day of April 1991.
ENDNOTES
1/ At the time petitioner filed his application, such provision was codified at Section 458.311(4), Florida Statutes (1985). In this recommended order, all statutory references will be to the 1989 Florida Statutes unless otherwise noted.
2/ At hearing, the admissibility of petitioner's exhibit 4 was taken under advisement. Upon review, such exhibit was received into evidence.
3/ Following successfull completion of the "Fifth Pathway" one-year supervised clinical clerkship at Mount Sinai, petitioner was successful in securing acceptance of such program for the one year of internship required by his medical school in the Republic of Mexico. Thereafter, he successfully passed the professional examination in Mexico. Accordingly, the only requirement petitioner has not yet satisfied to gain his "Titulo" is one year of social service. Satisfaction of that requirement would make petitioner eligible for ECFMG certification, and he would then qualify for licensure in Florida under Section 458.311(1)(f)3, Florida Statutes. Petitioner has not, however, undertaken the one year of social service because to do so would have interrupted his residency training program or his private practice.
APPENDIX
Petitioner's proposed findings of fact are addressed as follows: 1-7. Addressed in paragraphs 3 and 4.
8-17. Addressed in paragraphs 5 and 6.
18 & 19. Not relevant. See footnote 3. 20-22. Addressed in paragraph 10.
23-25. Addressed in paragraph 11.
26-29. Addressed in paragraphs 13 and 14.
30 & 31. Addressed in paragraphs 15 and 16.
Addressed in paragraph 17.
Addressed in paragraph 10.
Addressed in paragraph 4.
Addressed in paragraph 16.
36 & 37. Addressed in paragraph 7.
38-41. To the extent pertinent, necessary to the result reached, and not subordinate, addressed in paragraphs 15-17.
42. Addressed in paragraph 12. 43-45. Addressed in paragraph 16.
46-72. To the extent pertinent, necessary to the result reached and not subordinate, addressed in paragraphs 12-17.
Respondent's proposed findings of fact are addressed as follows: 1-3. Addressed in paragraph 4.
4 & 5. Addressed in paragraphs 5, 6, and footnote 3.
6. Addressed in paragraph 9.
7-10. Addressed in paragraphs 8 and 13.
Addressed in paragraph 14.
COPIES FURNISHED:
George J. Baraque, Esquire
1031 North Miami Beach Boulevard North Miami Beach, Florida 33162
Allen R. Grossman Assistant Attorney General
Department of Legal Affairs Suite 1602, The Capitol Tallahassee, Florida 32399-1050
Dorothy Faircloth Executive Director Board of Medicine
Department of Professional Regulation
1940 North Monroe Street Suite 60
Tallahassee, Florida 32399-0792
Jack McRay General Counsel
Department of Professional Regulation
1940 North Monroe Street Suite 60
Tallahassee, Florida 32399-0792
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:
All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA BOARD OF MEDICINE
DEPARTMENT OF PROFESSIONAL REGULATION,
vs.
Petitioner,
DOAH CASE NO.: 90-4130
IVAN D. BARAQUE, M.D.,
Respondent.
/
FINAL ORDER
The Board of Medicine of tbe Department of Professional Regulation, after having reviewed the Recommended Order, entered in this case by William J. Kendrick, Hearing officer of the Division of Administrative Hearings, on April 24, 1991 (Exhibit A) and the complete record, and after hearing oral argument of the parties and being otherwise fully advised in the premises, enters tbe following Final Order:
This matter came before the Board of Medicine on May 31, 1991. The Petitioner was represented by George J. Baraque, and Respondent was represented by Alle Grossman, Assistant Attorney Genera2.
The Board has jurisdiction over this matter pursuant to Section 120.57(1), Florida Statutes.
FINDINGS OF FACTS
The Findings of the Facts of tbe Recommended Order are adopted by the Board of Medicine as being based on competent substantial evidence.
CONCLUSIONS OF LAW
The Board concludes tbat the conclusions of law of the hearing officer contained in paragraphs 6 and 7 are not correct and substitutes the following paragraphs:
Petitioner has failed to demonstrate that he satisfies the literal requirement of subsection 458.311(3)(a) because he does not possess a baccalaureate degree from a United States college or university, however, such finding does not necessarily compel the conclusion that his application for licensure by endorsement should be disapproved. Pertinent to this point, Section 458.311(9), Florida Statutes, as amended since Petitioner's application,
now accords the Board discretion when it determines that an applicant for licensure by endorsement has failed to meet each of the requirements for licensure. That subsection provides:
When the board determines that any applicant for licensure by examination has failed to meet, to the board's satis- faction, each of the appropriate require- ments set forth in this section it may enter an order requiring one or more of the following terms:
Refusal to certify to the department an application for licensure, certification, or registration;
Certification to the department
of an application for licensure, certification, or registration with restrictions on the scope of practice of
the licensee; or
Certification to the department
of an application for licensure, certification, or registration with placement of the physician on probation for a period of time and subject to such conditions as the board may specify, including, but not limited to, requiring the physician to submit to treatment, attend continuing education courses, submit to reexamiation, or work under the supervision of another physician.
The proof supports the Board's interpretation of Section 458.311(3)(a), Florida Statutes. The Board has consistently interpreted this provision to require the receipt of a baccalaureate degree. The Board determines that the Respondent has failed to meet the requirement of Section 458.311(3)(a), Florida Statutes. However, the Respondent has demonstrated that he is able to practice with reasonable skill and safety to patients as a result of his: Board certification; practice in another jurisdiction without restriction encumbrance, or disciplinary action; lack of any civil action against him; as well as his completion of undergraduate hours equivalent to the number required to receive a baccalaureate degree.
Based on the foregoing findings of fact and conclusions of law, it is ORDERED that Petitioner's application be certified to the Department of
Professional Regulation for licensure as a physician, pursuant to Section 458.311(3), Florida Statutes.
DONE AND ORDERED this 26th day of June 1991 by the Board of Medicine.
ZACHARIAH P. ZACHARIAH, M.D. CHAIRMAN
Board of Medicine
DONE AND ORDERED this day of 1991 by the Board of Medicine. (note: undated and unsigned-ac)
ZACHARIAH P. ZACHARIAH, M.D. CHAIRMAN
Board of Medicine
Pursuant to Section 120.59, Florida Statutes, the
parties are hereby notified that they may appeal this Final Order by filing one copy of the Notice of Appeal with the clerk of the agency and by filing tbe filing fee and one copy of a Notice of Appeal with the District Court of Appeal within thirty (30) days of the date that this Order is filed as provided in Chapter 120, Florida Statutes, in the Florida Rules of Appellate Procedure.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by U.S. Mail to Allen Grossman, Assistant Attorney General, Tallahassee, Florida 323O~ and to Ge-orge J. Baraque, Esq., 1031 North Miami Beach Blvd., North Miami Beach, Florida 33162 this 1st day of July , 1991.
DOROTHY FAIRCLOTH
Executive Director Board of Medicine
| Issue Date | Proceedings |
|---|---|
| Aug. 10, 1992 | Final Order filed. |
| Jun. 23, 1991 | Final Order filed. |
| Apr. 24, 1991 | Recommended Order (hearing held , 2013). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Jun. 26, 1991 | Agency Final Order | |
| Apr. 24, 1991 | Recommended Order | Application for licensure by endorsement approved notwithstanding applicant's failure to attain bachelors degree. |
