STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT JACOBS, )

)

Petitioner, )

)

vs. ) CASE NO. 95-5071

)

AGENCY FOR HEALTH CARE )

ADMINISTRATION, BOARD OF )

PSYCHOLOGICAL EXAMINERS, )

)

Respondent. )

)

RECOMMENDED ORDER

On October 16, 1996, a formal administrative hearing in this case was held by video conference in Tampa and Tallahassee, Florida, before William F. Quattlebaum, Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Robert Jacobs, Pro Se

1114 Evening Trail Drive Wesley Chapel, Florida 33543

For Respondent: Allen R. Grossman

Assistant Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399

STATEMENT OF THE ISSUE

The issue in the case is whether the Petitioner is entitled to licensure as a psychologist by the State of Florida.

PRELIMINARY STATEMENT

By application filed February 6, 1995, the Petitioner applied for licensure by examination as a psychologist in the State of Florida. The Board of Psychological Examiners denied the application. The Petitioner requested a formal hearing in the matter. The request was transmitted to the Division of Administrative Hearings which scheduled and noticed the proceeding.

At the hearing, the Petitioner presented the testimony of one witness and testified on his own behalf. Petitioner's exhibits numbered 1-34 were admitted. The Respondent presented the testimony of one witness.

A transcript of the hearing was filed. Both parties filed proposed recommended orders.

FINDINGS OF FACT

1. On February 6, 1995, the Petitioner filed an application for licensure by examination as a psychologist in the State of Florida.

   
   

2. During its regular meeting of February 9-11, 1995, the Respondent considered and rejected the Petitioner's application.

   
   

3. By letter dated February 13, 1995, the Respondent notified the Petitioner that his application had been denied.

   
   

4. On May 11, 1995, the Respondent filed a Notice of Intent to Deny the application. The Notice appears to have been signed on April 20, 1995.

5. The Notice of Intent identifies the basis for the denial as follows: In voting to deny the application, the

   Board found that the applicant's program

   did not require coursework in biological bases of behavior, cognitive-affective bases of behavior, or statistics.

   Moreover, the program did not require an internship that met the requirements of Rule 59AA-11.0061(3)(j), F.A.C.

   
   

6. Prior to commencement of the hearing, the parties resolved the issue related to coursework in the Petitioner's favor.

   
   

7. The issue remaining for hearing is whether the Petitioner's educational program required an internship that met the requirements of the cited rule.

   
   

8. The parties have stipulated that the Petitioner has 1660 of acceptable pre-doctoral internship hours.

   
   

9. The Petitioner has also submitted 2340 hours of post-doctoral supervised experience.

   
   

10. Post-doctoral experience may be used to augment pre-doctoral hours if the post-doctoral experience meets the requirements of Rule 59AA-11.003(30(j), Florida Administrative Code.

    
    

11. The evidence fails to establish that any of the 2340 hours meet the requirements set forth for pre-doctoral experience.

    
    

12. The evidence is insufficient to establish that, beyond those hours to which the parties have agreed, any of the Petitioner's remaining internship/experience hours meet the applicable requirements.

    
    

    CONCLUSIONS OF LAW

    
    

13. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.

    
    

14. The Agency for Health Care Administration, Board of Psychological Examiners, is responsible for administration of licensure programs for Florida- licensed psychologists. Section 490.004, Florida Statutes.

15. The Petitioner has the burden of establishing entitlement to the licensure sought by a preponderance of the evidence. Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (1st DCA 1977).

    
    

16. The parties have agreed that this matter may be determined under the statutes and rules in effect at the time the Petitioner's application was filed. In relevant part, Section 490.005(1)(c), Florida Statutes, 1994 Supp., provides as follows:

    
    

    The department shall license each applicant who the board certifies has...[h]ad at least two years or 4,000 hours of experience in the field of psychology in association with or under the supervision of a licensed psychologist meeting the academic and experience requirements of this chapter or the equivalent as determined by this board.

    The experience requirement may be met by work performed on or off the premises of the supervising psychologist if the off-premises work is not the independent, private practice rendering of psychological services that does not have a psychologist as a member of the group actually rendering psychological services on the premises. No more than 1 year of pre-doctoral experience may be

    utilized in satisfying the experience required.

    
    

17. In relevant part, Rule 59AA-14.002, Florida Administrative Code, provides as follows:

    
    

    An individual whose program did not require an internship must either complete an intern- ship that meets the requirements of Rule

    59AA-11.003(3)(j) F.A.C., or show that 2000

    hours of the applicant's 4000 hours of supervised post-doctoral experience met the internship requirements set out in Rule 59AA-11.003(3)(j) F.A.C.

    
    

18. The provisions of Rule 59AA-11.003(30(j), Florida Administrative Code, set out in specific detail the elements which must be met for post-doctoral hours to be accepted as meeting the internship requirement.

    
    

19. The Petitioner has provided insufficient evidence in this case to establish that his post doctoral experience meets the requirements of Rule 59AA- 11.003(3)(j), Florida Administrative Code.

    
    

20. The evidence produced at hearing is insufficient to establish that the Petitioner meets the requirements for licensure by examination set forth at Section 490.005(c), Florida Statutes.

    
    

21. The Petitioner asserts that he is entitled under the provisions of Section 120.60(1), Florida Statutes to sit for the licensure examination because more than 90 days passed between the time of the board action in denying the application (filed February 6, 1995) and the filing on May 11, 1995 of the

    Notice of Intent to Deny. The assertion is not persuasive. The Petitioner received notice by letter dated February 13, 1995 that the application had been denied.

    
    

22. The Petitioner suggests that applicants with less than 2000 hours of pre-doctoral internship experience have been licensed by the board. Requirements for licensure by endorsement, a separate licensure process, are inapplicable to this case. There is no evidence that any applicant with less

    than the statutorily required internship hours has been licensed by examination.

    
    

23. The Petitioner asserts that the instructions provided with the application form provide that his internship hours are acceptable. Review of the instructions indicates that they provide little more than a guide to completion of the application. In every case, an applicant must meet the requirements of statute as adopted by the Legislature and rules promulgated by the agency under the Legislature's grant of authority. In this case, the evidence fails to establish that the Petitioner has met such requirements.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Agency for Health Care

Administration, Board of Psychological Examiners, enter a Final Order denying the Petitioner's application for licensure by examination as a psychologist in Florida.

RECOMMENDED this 19th day of December, 1996, in Tallahassee, Florida.

WILLIAM F. QUATTLEBAUM

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 19th day of December, 1996.

COPIES FURNISHED:

Dr. Kaye Howerton Executive Director

Board of Psychological Examiners Agency for Health Care Administration Northwood Centre

1940 North Monroe Street Tallahassee, Florida 32399-0792

Jerome Hoffman General Counsel

Agency for Health Care Administration 2727 Mahan Drive

Fort Knox Building 3 Tallahassee, Florida 32308

Robert Jacobs, Pro Se 1114 Evening Trail Drive

Wesley Chapel, Florida 33543

Allen R. Grossman Assistant Attorney General

The Capitol, Plaza Level 01 Tallahassee, Florida 32399

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 95-005071

Orders for Case No: 95-005071