The Issue The issue posed for decision herein is whether or not the Petitioner meets the educational requirements for entitlement to licensure as a psychologist. Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, and consideration of the Respondent's proposed memorandum, I hereby make the following relevant:
Findings Of Fact Petitioner made application to Respondent to obtain a psychology license by exception pursuant to the provisions of Section 1 of Chapter 81-235, Laws of Florida, as amended by Section 37 of Chapter 82-179, Laws of Florida, and Rule 21U-11.05, Florida Administrative Code. Respondent denied Petitioner's application on the grounds that his doctoral degree did not meet the educational requirements of subsection (2) of Rule 21U-11.05, Florida Administrative Code. (Joint Exhibit #1) At Petitioner's request, Respondent (herein sometimes referred to as the Board of Psychological Examiners or Board) reconsidered his application. It was reaffirmed that his doctoral degree was not from a program primarily psychological in nature because the program did not include at least one course in biological bases of behavior, cognitive-affective bases of behavior, individual behavior, or methodology for the application of psychological knowledge as required by sub-paragraphs (a), (b), (4), and (f), of subsection (2) of Rule 21U-11.05, Florida Administrative Code. (Joint Exhibit #1) Respondent presented the testimony of board member Edward Murray, Ph.D., who was received as an expert in these proceedings in the subject matter of psychology. In order to receive a license in Florida, an applicant, pursuant to Chapter 490, Florida Statutes, must receive a degree from a program primarily psychological in nature. The Board, in carrying out the statutory requirements, promulgated Rule 21U-11.05 to determine whether or not a program was primarily psychological in nature. In so doing, the Board has set forth a requirement that a full course be devoted entirely to the content of the following areas: (a) biological bases of behavior; (b) cognitive-affective bases of behavior; (c) social bases of behavior; (d) individual differences; (e) statistics; and (f) methodology and application of psychological knowledge. (TR-49) Without reciting the Petitioner's testimony, in hoc verba, it suffices to say that the Petitioner has taken several courses which touch upon some of the areas required in the above-referred rule (21U-11.05, Florida Administrative Code). However, Petitioner failed to establish that he had taken a class which was primarily in the "biological bases of behavior" as was required. Additionally, Petitioner failed to establish that he had taken a course which primarily dealt with the cognitive bases of behavior which was required in order to satisfy the requirements of subsection (2)(b) of Rule 21U-11.05, Florida Administrative Code. Further, Petitioner, while having taken several sociology courses, failed to satisfy the requirement of having taken a course which dealt primarily with individual behavior. Finally, Petitioner failed to satisfy the requirement of establishing that he had taken a course to satisfy the requirement of research methodology for the application of psychological knowledge. The Board requires one individual course in each specific area set forth in Rule 21U-11.05 and does not permit an applicant to piece together parts of several courses to satisfy the requirements. (Testimony of Dr. Murray, TR 51-54) Respondent's Position Respondent graduated from the University of Illinois with a Ph.D. in Social Psychology. Respondent's position is that, based on the numerous courses that he has taken, both graduate and post-graduate, including his years of experience in the counseling and advisory areas, he more than satisfies the requirements of Rule 21U-11.05, Florida Administrative Code.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner's application for licensure as a psychologist by exception be DENIED. RECOMMENDED this 29th day of July, 1983, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of July, 1983.
The Issue The issues to be resolved in this proceeding concern whether the Respondent's teaching certificate should be subjected to sanctions based upon whether he engaged in personal conduct that seriously reduces effectiveness as a teacher; whether he violated the principles of professional conduct of the education profession; whether he intentionally exposed a student to unnecessary embarrassment or disparagement; and whether he failed to take reasonable efforts to protect the student from conditions harmful to learning and to the student's mental health or physical safety.
Findings Of Fact The Respondent holds Florida's Educator Certificate No. 533651, certifying him in the area of music. It is valid through June 3, 2004. At all times pertinent hereto, the Respondent was employed as a music teacher in the Citrus County School District. He has been a teacher for 14 years and began teaching in Citrus County in August of 1993. During the 1996-1997 school year C.C. was a seventh grade student. She was 12 years of age until May of 1997, when she turned 13. She had taken violin lessons from the Respondent during the 1996-1997 school year and the Respondent had been one of her teachers since she had been in the second grade. C.C. was admitted to the National Junior Honor Society (NJHS) when she was in the seventh grade because she had good grades and was a good student. One of the fund-raising projects for the NJHS was a pineapple sale. C.C. participated in this sale and asked the Respondent if he would like to buy a pineapple and he agreed. At that point he hugged her and told her he loved her. She became somewhat upset at being hugged by the Respondent and his telling her that and made a note in her diary for February 27, 1997, that "Mr. Wedebrock told me he loved me. I don't know what to make of it." This made her somewhat uncomfortable and embarrassed. The Respondent told C.C. he loved her several times over the early months of 1997. This made her feel uncomfortable since she was only 12 years old and did not think she needed to hear such comment from her teacher. She had never been spoken to by another teacher in that way and never saw Respondent tell any other students that he loved them in that way. It embarrassed her. The Respondent gave C.C. souvenirs from a trip to Disney World and marked two brochures from Disney World with his rankings of the many different rides or attractions. He gave her those brochures and gave her a key chain with her name on it and a pin. At the same time he gave her a note which said among other things "maybe some day we can go together" (referring to Disney World). The Respondent had called her into his office to give her the Disney World-related items. She had never seen the Respondent give presents to any other student. Near the end of the school year the Respondent wrote a note to C.C. and placed it in her violin case along with several pieces of music. The Respondent then told C.C. to go look in her violin case. When she did so she discovered the note along with "Music of the Night" a piece from Phantom of the Opera. The note read as follows: Please remember everything I told you this year. It's really true times a billion! Times infinity! Please just give me a chance. That's all I ask of you. You are my music of the night . . . I'll miss you (over) so much this summer! I'll miss seeing you in chorus next year. I'm sure you would have made All State! Did you know that you could be a peer counselor at CHS (hint hint). I just need to know how you feel about me. My love for you is so strong and deep. Should I just stop? Or do you think some day you'll love me? Have a great summer! Enjoy your new violin! I love you!!! (Emphasis from the original) C.C. thought the note was embarrassing and somewhat disgusting coming from a teacher. She showed the note to her sister who was one year younger than C.C. Her sister believed that C.C. should show the note to her mother and father. C.C. decided to tell her mother. Later, at a restaurant, C.C. placed the note in her mother's hands and then ran into the bathroom. After receiving the note, C.C. became quite withdrawn, having less interaction with others. When she gave her mother the note her mother noticed that she was extremely upset and teary-eyed and did not want to talk to her mother or step- father. This was unusual behavior for her. C.C.'s mother and step-father decided to notify the school about the note; however, at C.C.'s request they waited until the last day of class with the Respondent before revealing it to the school administration. C.C.'s mother and step-father went to the school and in Mr. Eldridge's absence they spoke to Ms. Staten, the assistant principal. They informed her of the situation with the Respondent and the note, although C.C. did not go with them because of her embarrassment. Both C.C.'s mother and step- father were very upset about the contents of the note and the Respondent's expressions towards C.C. After meeting with the parents Ms. Staten informed the principal, Mr. Eldridge, of the situation when he returned. Mr. Eldridge had a meeting with the Respondent that day and the next day Ms. Staten, Mr. Eldridge, and the Respondent met again. During the course of that second meeting the Respondent agreed to resign. Ms. Stiteler, the Director of Personnel for Citrus County Schools met with the Respondent on May 30, he admitted to her that he had given the note to C.C. He appeared rational and lucid during the course of that interview and told Ms. Stiteler that he did not know why he wrote the note in question but admitted having feelings for C.C. and said he had not intended to have those feelings. He said he was fond of her and that she was a special student and was very bright and musical. The Respondent acknowledged that he himself had noticed a change in C.C.'s behavior (withdrawal) after he had given her the note in question. The Respondent also wrote a note to C.C.'s parents which he gave to Ms. Stiteler. Among other things he promised in that note to never again express his feelings for C.C., but does not deny that he had the feelings previously expressed. The Respondent's actions damaged the trust that C.C.'s parents, C.C., and her sister had placed in him as a teacher. It also lessened the trust the administrators, such as Ms. Stiteler, Mr. Eldridge, and Ms. Staten, confided in him as well as their trust in his judgment. The Respondent has experienced weight problems much of his life and, in fact, during the relevant time period he was considered "morbidly obese." He strongly desired for obvious health reasons, to end his obesity and so on April 19, 1996, began seeing Dr. Azeele Borromaeo, M.D. Dr. Borromaeo prescribed the dietary drug combination of Phentermine and Fenfluoramine, commonly known as "Phen-fen." While he was taking Phen-fen the Respondent met regularly with Dr. Borromaeo. In the fall of 1996, he complained of mood swings, great irritability, forgetfulness, and other side effects, such as dry-mouth, frequent headaches, and sexual problems. In November of 1996, after such complaints, the doctor took him off Phen-fen for about a month. The side effects subsided at that time. During the time the Respondent had been on Phen-fen through November 1996, his weight decreased from 359 pounds to 289 pounds. Given that degree of success he decided to begin again taking Phen-fen in December of 1996. He noticed a return of the side effects almost immediately. The forgetfulness, confusion, nausea, sensitivity to light and sound, and irritability all returned and the Respondent says it got progressively worse through the first half of 1997 while he was taking Phen-fen. His wife described the effects as getting worse and worse. Beginning in about February of 1997 through May 1997, the Respondent wrote and said the inappropriate things to C.C. referenced in the above findings of fact. The Respondent candidly admits that he expressed these feelings, of an amorous nature, referenced in the above findings but professes not to know why he wrote or said those things to the student in question. He maintains he was confused, depressed, and suffering from the other referenced side effects of the drug at the time. The Respondent's professional peers, Mr. Eldridge and Ms. Staten, did not notice any abnormal behavior by the Respondent while he was working at school. They perceived him to be happy and in control of his personality. Ms. Staten was his supervisor during the school year and saw him almost daily, including in his classroom setting. She did not notice anything unusual about his behavior and found him personable and jovial. Neither C.C. nor S.G., a classmate, noticed any unusual behavior by the Respondent in the classroom, such as forgetfulness or excessive irritability. In his visits to Dr. Borromaeo and his primary care physician, Dr. Dwinelle, the Respondent noted the he was a little irritable and had some sexual problems and dry mouth from February through May of 1997, but did not, at least according to the doctors' notes, complain of any of the other side effects of Phen-fen. The Respondent did not mention any effects of the use of the drugs as a possible explanation for his conduct in his conversations with Mr. Eldridge, Ms. Staten, and Ms. Stiteler around the time of his resignation. Following his resignation from his teaching position, the Respondent underwent a neuro-psychological examination from Sidney J. Merrin, Ph.D., a psychologist in private practice in Tampa, Florida. A variety of psychological tests on the Respondent was performed, lasting approximately 15 hours. Dr. Merrin also conducted a counseling session with the Respondent. Dr. Merrin concluded as shown in his report, in evidence as the Respondent's Exhibit No. 1, including Exhibit A thereto, that: . . . There was nothing in his examinations that would support any contention he is an emotionally or mentally disturbed individual that would prompt him to invade the privacy of a young student or disturb the decency of normal interpersonal relationships. I see nothing in his examinations that would describe him in pathological terms. Consequently, should he have behaved as he described, in the manner he had, the basis for that behavior must then be ascribed to a temporary condition of short-term destabilization from which he has now very adequately recovered. In his deposition Dr. Merrin opined that whatever did occur in his estimation would have been unlike the Respondent's usual personality to the extent that something in the interim had to have changed his behavior or reduced his impulsivity controls. Dr. Merrin opined that it could have been the introduction of Phen-fen. Dr. Una D. McCann is an associate professor of psychiatry at Johns Hopkins University. She has conducted clinical and pre-clinical research on a variety of different amphetamine analogs, including Fenfluoramine, for over 10 years. Her interest in studying Phen-fen is that it is an amphetamine analog that happens to be neurotoxic. It has been shown in animals to damage certain brain cells which produce the chemical serotonin, related to mood. Her research has been directed to achieving understanding of the effect of Phen-fen and related drugs towards specific cells such as those that make serotonin in the brain. Thus Dr. McCann's primary interest as a psychiatrist has been to determine what happens to humans who take Phen-fen, whether the brain's serotonin neurons are damaged from taking the drug and whether and to what extent any psychiatric effects flow from that damage. There is no definitive study according to Dr. McCann's testimony, which shows that Phen-fen can cause such personality changes or behaviors as are involved in the Respondent's actions in this case. Dr. McCann is aware of some 30 case studies or histories of people who, while taking the drug combination called Phen-fen had exhibited aberrational psychiatric symptoms and behaviors. Dr. McCann did not examine and test the Respondent but upon being provided information of his circumstances and the actions he took at issue in this case, she concluded that his behavior toward the student could have been influenced by his use of Phen-fen. The Respondent is no longer taking Phen-fen and the evidence indicates he has returned to his baseline psychiatric state. He has exhibited no such abnormal and inappropriate behavior since abandoning the use of Phen-fen. The Respondent has an excellent teaching background, with excellent evaluations and no other disciplinary problems. He has been a teacher for 14 years and began teaching in Citrus County in August of 1983. He has been a very effective teacher with no personality traits or behaviors other than those in the time referenced-above which have caused any difficulties in his relationships with students, other teachers, or administrators. His family history is that of a stable marriage and of his being a loving father to his three children. There is little in the evidence of record to show any pattern to the objectionable behavior involved in this proceeding. Thus it would appear, with his history of exhibiting a stable personality and stability in his employment life and family life that, along with the rather scant available medical and scientific evidence, that there may indeed be some causal relationship between the Respondent's use of Phen-fen and his inappropriate actions towards the student in question. Persuasive evidence, however, has not been presented to show as through appropriate scientifically managed, and refereed that the use of Phen-fen abrogates such a person's exercise of free- will, that it abrogates his sense of reality nor that it prevents him from knowing what he is doing as he commits certain behaviors. It was not shown to prevent him from being able to control his own actions. Phen-fen may cause severe depression and the other symptoms and psychiatric problems referenced in the above findings of fact while the associated depression and other problems possibly, although not proven to have been caused by Phen-fen, may have caused a lowering of his impulse control which relates to the exercise of bad judgement, the clear and convincing evidence shows that at the time he committed the behaviors in question he was in touch with reality. Although he exhibited abysmally poor judgment on those occasions, he knew what he was doing at the time and in fact never denied it when interviewed by his superiors in the school system. Consequently, it cannot be found that the use of Phen-fen abrogated his responsibility for his actions.
Recommendation Accordingly, in consideration of the above findings of fact, including those of the mitigatory circumstances, it is therefore, RECOMMENDED that a final order be entered by the Petitioner Agency suspending the Respondent's teaching certificate for a period of three years, during which time he should engage in therapy and counseling from a qualified psychiatrist or psychologist with a view towards showing that he is mentally and emotionally recovered and able to work with children and otherwise perform the duties of a public school teacher. Upon his completion of such counseling and therapy, under a professionally-mandated schedule and regimen, he should be required to provide a written opinion of a qualified psychiatrist or psychologist to the Department of Education, establishing that he is mentally and emotionally able to work with children and otherwise perform the duties of a public school teacher before his licensure should be restored to active, unrestricted status. He should also be placed on probation for a period of five years following any such reinstatement, under such terms and conditions as the Education Practices Commissions may deem appropriate. DONE AND ENTERED this 6th day of December, 2000, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of December, 2000. COPIES FURNISHED: Bruce P. Taylor, Esquire Post Office Box 131 St. Petersburg, Florida 33731 Mark Herdman, Esquire Herdman & Sakellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34684 Kathleen M. Richards, Executive Director Department of Education 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Honorable Tom Gallagher Commissioner of Education Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400
Findings Of Fact Petitioner is a long-time Florida resident, having moved to the state when she was five, and thereafter was reared and educated in Dade County, Florida. Petitioner received an AA degree from Dade County Junior College, a BA from Florida Atlantic University in Boca Raton Florida, and a Masters Degree from Lone Mountain College in San Francisco, California via an external program based in the Miami/Dade area. In pursuit of a Ph.D. in psychology, Petitioner applied to Union, was accepted and matriculated there from 1981 through 1983, and received her Ph.D. in psychology on June 29, 1983. Upon receipt of her Ph.D. degree in psychology, Petitioner was required to fulfill a one-year post-doctoral supervision prior to applying for certification to take the psychology licensure examination. Section 490.005, Florida Statutes (1983). Petitioner satisfied this requirement from June 30, 1983 to June 30, 1984 by engaging in psychotherapy under the supervision of Dr. Ted Aidman. Petitioner then applied to the Board for certification to take the psychologist licensure examination. Petitioner applied to take the examination under the provisions of Section 490.005(1); Florida Statutes (1983) and in pertinent part is quoted below: Any person desiring to be licensed as a psychologist shall apply to the department to take the licensure examination. The department shall license each applicant who the board certifies has: * * * (b) Submitted proof satisfactory to the Board that he has received a doctoral degree with a major in psychology from a university or professional school that has a program approved by the American Psychological Association or that he has received a doctoral degree in psychology from a university or professional school maintaining a standard of training comparable to the standards of training of those universities having programs approved by the American Psychological Association or the doctoral psychology programs of the state universities. (Emphasis supplied) The Board adopted Rule 21U-11.06, Florida Administrative Coded to implement Section 490.005, Florida Statutes (1983) and essentially codified the criteria for American Psychological Association (APA) approved programs for the first time in this rule. The rule took effect on April 5, 1984. The pertinent part of the rule is quoted below: In order to be certified by the Board as eligible for examination pursuant to Section 490.005(1), Florida Statutes, an applicant must: * * * (b) Submit proof of the completion of a doctoral degree with a major in psychology from a university or professional school that has a program approved by the American Psychological Association or a doctoral degree in psychology from a university or professional school maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association. For the purpose of determining whether an applicant's doctoral degree in psychology was received from a university or professional school maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association the Board will apply the following criteria: (emphasis supplied) 1. Education and training in psychology must have been received in an institution of higher education accredited by one of the regional accrediting bodies recognized by the Counsel on PostSecondary Accreditation. * * * 5. The doctoral program must be an organized, integrated sequence of study designed by the psychology faculty responsible for the program. The American Psychological Association Accreditation Handbook, Criteria For Accreditation of Doctoral Training Program and Internship in Professional Psychology (Handbook), adopted in January 1979 and amended in January 1980, sets out criteria that the doctoral programs must meet to be eligible for accreditation by APA and in pertinent part are listed below: A. Training in professional psychology is doctoral training offered in an institution of higher education accredited by one of the six regional accrediting bodies recognized by the Council of Postsecondary Accreditation (COPA). * * * The faculty of the program must have clear authority and primary responsibility for all aspects of the program (even if the program cuts across institutional administrative lines). The program must include an integrated, organized plan of study and must ensure a breadth of exposure to the field of psychology. In the Introduction of A Handbook of Accreditation (Petitioner's Exhibit 7, page 1) accreditation is defined as both a process and a result and in pertinent part is quoted below: As a process, it is a form of peer review in which educational institutions establish a set of criteria and procedures by which they and their fellows are judged. As a results it is a form of certification by which the quality of an educational institution; as defined by the accrediting body's criteria; is affirmed. The forms of Affiliations are discussed in A Handbook of Accreditation and in pertinent part quoted below: Postsecondary educational institutions may be affiliated with the Commission on Institutions of Higher Education, and through it with the Association, in either two ways. One is membership, which is synonymous with accreditation; the other is candidacy, a preaccreditation status. [page 3] . . . an institution continues its candidacy for accreditation for a fixed period of time - usually no longer than six years - until it either fulfills the Criteria for Accreditation or has its affiliation with the Commission terminated. [page 3] . . . Candidacy indicates that an institution meets the Criteria for Candidacy for Accreditation and is progressing toward accreditation; it does not, however, automatically assure eventual accreditation . . . [page 3, 4] The North Central Association of Colleges and Schools' evaluative criteria for candidacy highlight that such standards differ from accreditation standards. A Handbook of Accreditation explains the second evaluation criteria as follows: This criteria differs from the second evaluative criterion for accreditation in that it speaks of a candidate's accomplishing its immediate purposes. The difference is meant to acknowledge that a candidate is not yet fully developed to the point at which it has the ability to accomplish all of its purposes. [page 19] The fourth criteria for candidacy status indicates that candidacy status is not equivalent to accreditation. The fourth evaluative criteria reads in pertinent part: 4. The institution has the potential to achieve accreditation within the candidacy period. In making this judgment, the candidate's present condition, its plans and its timetable for developing to the point where it meets the Criteria for Accreditation must be examined. Candidacy is of a limited durations and the Commission seeks to determine through this criterion that the candidates current plans are likely to allow it to achieve accreditation within this limited period. [page 20] Union received formal accreditation on February 25, 1985 by the North Central Association for Colleges and Schools, Commission on Institution of Higher Education ("Commission"), a regional accrediting body recognized by the Counsel on Postsecondary Accreditation. During Petitioner's matriculation at Union, and at the time she graduated, Union was in a candidacy status or a preaccreditation status but was not accredited. Union was in candidacy status from 1979 to 1985, a period of six (6) years which is considered the maximum period without special Commission action for extension. Union had to satisfy all thirteen (13) general institutional requirements and all four (4) evaluative criteria to be granted candidacy status. To achieve accreditation, Union had to sustain and maintain the same thirteen (13) institutional requirements and satisfy a similar, but different, group of four (4) evaluative criteria. The same general institutional requirements and basically the same evaluative criteria are required for both candidacy status and accreditation but candidacy and accreditation are not the same. In candidacy status the institution is trying to assure the Commission of its ability, financial and otherwise, to maintain a viable program. In accreditation the certification has been affirmed. No evidence was presented to show that APA, in its approval process, would substitute candidacy status for accreditation status. In fact, the evidence was conclusive that regional accreditation was an important standard and a reasonable criterion in the evaluation and approval of psychology programs by the APA. The evidence is clear that the accreditation requirement of the rule in question is comparable to the requirement of regional accreditation by APA in its approval process. To demonstrate that a program is able to produce qualified health professionals the APA requires that a program must articulate what the program is and what that program requires. A pertinent section in the Handbook under Training Models and Curricula, page 5, is quoted below: C. The foundation of professional practice in psychology is the evolving body of knowledge in the discipline of psychology. While programs will vary in emphasis and in available resources, sound graduate education in general psychology is therefore essential in any program. The curriculum shall encompass the equivalent of a minimum of three academic years of full-time resident graduate study. Instruction in scientific and professional ethics and standards, research design and methodology, statistics, psychological measurement, and history and systems of psychology must be included in every doctoral program in professional psychology. . . (emphasis supplied) The requirement of a sequenced course of study is an important and essential criteria of the APA in the training of a psychologist. The evidence is clear that the requirements of Rule 21U-11.06(1)(b)5., Florida Administrative Code, are comparable to the standards for APA approval of a doctoral program with regard to the design of study by the faculty even though the language "sequence of study" does not appear in the APA standards. Rule 21U-11.06, Florida Administrative Code and the standards for approval of programs by the APA contemplated that a program designed to produce qualified health care professionals must articulate a plan of study for those future health care professionals that would achieve the objectives of training that are specified by the program. A plan, designed by the faculty responsible for the program, by which you get from here to there, which involves the faculty providing the student with a sequence of experience such as that one builds on the other in an orderly way; an organized integrated sequence of study. Petitioner failed to produce sufficient evidence to prove that Union's doctoral psychology program was an organized integrated sequence of study. Union has a committee on Psychology that is chaired by Dr. Harold Gollishan and an identifiable psychology faculty with members located in different areas of the United States. Union offers a single graduate degree -- the Doctor of Philosophy Degree. Union offers a self-directed program of studies for its students. There are no prescribed courses, although an individualized plan (Learning Agreement) may include the use of university courses (Petitioner's Exhibit No. 4, Pages 4 and 18). The process for obtaining a doctoral degree at Union is described in the Union Graduate School Learner Handbook (Learner Handbook) which applies to all doctoral degrees, not just psychology. The Learner Handbook does not state additional or specific requirements or what Union refers to as core requirement, for the Union doctoral psychology programs. The core requirement is not specifically addressed in USG Program Summary (Petitioner's Exhibit No. 6) which Petitioner presented as a prototype for a psychology program but was no more than a summation and documentation of one student's learning process at Union. Neither the Learner Handbook nor the Program Summary articulate an organized, integrated sequence of study designed by the psychology faculty of Union. Once admitted to Union's doctoral program the general process is for the student to: (a) attend a 10-day entrance colloquium; (b) form a doctoral committee; (c) develop a learning agreement; (d) fulfill the terms of the learning agreement through independent learning; (e) complete a Program Demonstrating Excellence (PDE); and (f) prepare a program summary. Although the testimony of Drs. Crawford and Benjamin was that the core requirements for the doctoral psychology program were articulated at this colloquium, the weight of the evidence shows that there are no specific core requirements for the Union doctoral psychology program as such but that the core requirements are determined at the colloquium after the students present their program to other students and faculty. This process does not constitute an organized integrated sequence of study designed by the faculty responsible for the program. The testimony at the hearing does not establish that the Union psychology program is memorialized in written documents. There is no formal written design of the Union psychology program. If there are any written documents of Union psychology program, they were not produced at the hearing. The Union psychology program's integrated sequence of study was never described at the hearing. The Union psychology program was variously described as a set of precedents, as a set of expectations, and as an "understanding of the faculty." The vague "expectations" or "understandings", absent a formal written program, are insufficient to constitute an organized integrated sequence of study. A psychology program based on "expectations" and "understandings" is particularly insufficient at a school, such as Union, where the faculty and students are spread out across the country, and meet together sporadically. The testimony of Dr. Aidman, an adjunct professor and Petitioner's doctoral committee chairman, highlights how little interaction there is between faculty. The testimony of Dr. Benjamin further reflects that much of the faculty does not know who, when, where or how the psychology program was designed. In the absence of a formal written psychology program, and in the absence of a cohesive, centrally located faculty and student body; the lack of an organized, integrated sequence of study designed by the faculty becomes apparent. A sequenced course of study is important in educating psychologists and is required by Rule 21U-11.06(1)(b), Florida Administrative Code. The psychology program at Union is not an organized, sequenced program. There are no psychology departments at Union. The Union has five psychology programs", plus individualized "programs" in general psychology. The five "programs" are Adlerian psychotherapy, Gestalt and clinical psychology, humanistic and clinical psychology, marriage and family therapy, and psychoanalysis. Petitioner was not in one of the above- named "programs", but was in an individualized, general "program" in psychology. There is no evidence that there is an organized integrated sequence of study designed by the faculty for any of the five named psychology "programs", and even less evidence that there is any organized integrated sequence of study for the individualized, general "program" in psychology. Petitioner's testimony at the hearing and before the Board on June 25, 1985 indicates that Petitioner was responsible for her doctoral psychology program at Union. Petitioner's Learning Agreement and Program Summary may have thrown some light on whether her individual program was an organized integrated sequence of study but neither was introduced into evidence. The record reflects that Petitioner wrote and designed her own program, which was then approved by her doctoral committee which she assembled. The Petitioner did not present evidence of a set of standards for the psychology programs of state universities of Florida. The Petitioner did demonstrate that Union does have some similarities with psychology programs of the state universities. There is evidence that the psychology programs of the state universities are in regionally accredited institutions, and that they constitute organized, integrated sequences of study designed by the faculty. The Petitioner avoided comparison between Union and the state university programs in these areas. The Petitioner did not graduate from a psychology program of the state universities. Dr. Charles A. Brownfield graduated from Unions Antioch College, receiving his Ph.D. in psychology on October 1, 1971 and was licensed by the Florida State Board of Examiners in 1973 under a statute with language similar to that of Section 490.005(1)(b), Florida Statutes (1983). The evidence is insufficient to show that APA was approving doctoral psychology programs in 1971 or, if it was, whether the standards used at that time were the same as those standards adopted by APA in 1979 and amended in 1980. The statute under which Dr. Brownfield was licensed was repealed, effective July 1, 1979, by Chapter 77-457, Section 1, Laws of Florida and he was then licensed by exception under the new statute in 1982. The evidence is insufficient to show that any person graduating from Union between 1979 when APA adopted its standards for approving doctoral psychology programs and the effective date of the rule on April 5, 1984 was permitted by the Board to take the examination for licensure.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the board enter a final order DENYING Petitioner, Melodie K. Moorehead, certification to sit for the licensure examination in psychology. Respectfully submitted and entered this 8th day of January 1986, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of January 1986. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 84-3782 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings f Fact submitted by the parties to this case. Rulings on Proposed Findings of Fact Submitted by the Petitioner Adopted in Finding of Fact 1 with last sentence rejected as unnecessary. Adopted in Finding of Fact 2 with last two (2) sentences rejected as unnecessary. Adopted in Finding of Fact 3. Adopted in Finding of Fact 4. Adopted in Finding of Fact 5 with the quoted language of subsections 1(a)(c)(d) deleted as unnecessary and the last sentence rejected as a legal argument. Adopted in Finding of Fact 6. Rejected as not based upon competent substantial evidence. There was no evidence in the record that April 5, 1984 was the first time accreditation was an absolute prerequisite to taking the examination or that prior to that time applicants from schools in candidacy status were allowed to take examinations. Adopted, but clarified in Finding of Fact 12. Sentence 1-3 rejected as unnecessary and immaterial. Sentence 4 adopted in Finding of Fact 12. Sentence 5 rejected because the more competent evidence shows 6 years as maximum period of candidacy (Petitioner's Exhibit 7, page 22). Sentences 6-7 adopted in Finding of Fact 13. Sentences 8-10 adopted but clarified in Findings of fact 10 and 14. Sentence 11 rejected as unnecessary and immaterial. Adopted in Findings of Fact 10 and 14 but clarified. Rejected as cumulative, immaterial and unnecessary. Sentence 1 adopted in Findings of Fact 9, 10 and 12 but clarified. Sentences 2 and 3 rejected as legal argument. Rejected as not supported by substantial competent evidence. The first paragraph rejected partly as hearsay and partly as not supported by substantially competent evidence. The second paragraph rejected partly as hearsay and partly as immaterial. Adopted in Finding of Fact 6. Adopted in Finding of Fact 7. Rejected as not supported by substantial competent evidence. Sentence 1 rejected as not supported by substantial competent evidence. The evidence was insufficient to prove "established policy of the Board." Sentence 2 adopted in Finding of Fact 20 but clarified to show Brownfield's graduation from Union, Antioch College not as Union exists presently. Sentence 3 rejected as not supported by substantial competent evidence. No evidence that Union, Antioch College was not accredited, only that Union, in its status before February 25, 1985, was not accredited. Sentences 1 and 2 and the quoted statutory language not listed as a finding of fact but covered in the conclusion of law and mentioned as language similar to the present statute in Finding of Fact 20. Sentence 3 rejected as immaterial due to repeal of statute and changed facts. Sentence 1 rejected as immaterial because of changed fact. Sentences 2 and 3 rejected as arguments. Graduates from schools other than Union may also be denied on same circumstances. Covered in Background. Rejected as not supported by substantial competent evidence. Rejected as legal argument. Rejected in part as legal argument and in part as not supported by substantial competent evidence. Paragraphs 1, 2, 3, 4; 5 (except for first sentence which is adopted in Findings of Fact 22), 6, 8, 9, 10, 11 (except for first sentence which is adopted in Finding of Fact 23) and 12, (except first sentence which is adopted in Finding of Fact 23), are rejected as immaterial, cumulative and unnecessary. Paragraph 7 is rejected as not supported by substantial competent evidence. Paragraphs 1 and 2 rejected as immaterial. Paragraphs 3 and 4 adopted in part by Finding of Fact 24, otherwise rejected as immaterial. Paragraph 1 and the first and last sentences of paragraph 2 rejected as not supported by substantial competent evidence. The second sentence of paragraph 2 rejected as immaterial. The first part of paragraph 3 adopted in Finding of Fact 23 but otherwise rejected as not supported by substantial competent evidence. Rejected as not supported by substantial competent evidence. Rejected as immaterial. Rejected partly as a conclusion of law and partly as a legal argument. Sentences 1 and 2 rejected as not supported by substantial competent evidence. The last sentence rejected as a legal argument. Rulings on Proposed Findings of Fact Submitted by the Respondent Covered in Background and in Findings of Fact 4 and 5. Covered in Background. Covered in Background. Covered in Background. Covered in Background. Adopted in Finding of Fact 6. Adopted in Finding of Fact 12. Adopted in Finding of Fact 8 and 9. Adopted in Finding of Fact 10 and 11. Adopted in Finding of Fact 7. Adopted in Finding of Fact 12 and 15. Adopted in Finding of Fact 6. Adopted in Finding of Fact 20. Adopted in Finding of Fact 21. Adopted in Findings of Fact 23. Adopted in Finding of Fact 24. Adopted in Finding of Fact 25. Adopted in Finding of Fact 26. Adopted in Finding of Fact 27. Adopted in Finding of Fact 28. Adopted in Finding of Fact 29 but clarified. Adopted in Finding of Fact 23. Adopted in Finding of Fact 30. Adopted in Finding of Fact 31. COPIES FURNISHED: Linda Biedermann, Executive Director Department of Professional Regulation Board of Psychological Examiners 130 North Monroe Street Tallahassee, Florida 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Randall A. Holland, Esquire Assistant Attorney General Suite 1601, The Capitol Tallahassee, Florida 32301 Melissa Fletcher Allaman, Esquire Post Office Box 1170 Tallahassee, Florida 32302-1170
The Issue The issue is whether Petitioner's request for an exemption from disqualification from employment in a position of special trust should be granted.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: This case involves a request by Petitioner, Raymond A. Baker, for an exemption from disqualification from employment in a position of special trust. If the request is approved, Petitioner would be allowed to return to work as a supervisor in a unit for developmentally disabled adults at Florida State Hospital (FSH). Respondent, Department of Children and Family Services (DCFS), is the state agency charged with the responsibility of approving or denying such requests. In a preliminary decision entered on September 2, 1997, a DCFS committee denied the request. Petitioner is now barred from doing such work because of a disqualifying offense which occurred on September 19, 1993. On that date, Petitioner was arrested for the offense of committing a "battery upon his live-in girlfriend," a misdemeanor under Section 784.03(1)(a), Florida Statutes (1993). Since the victim in that case was a person with whom Petitioner was then residing, the offense constituted domestic violence as it subsequently became defined in 1994 by Section 741.28, Florida Statutes. Petitioner entered a plea of No Contest to the charge of "[b]attery-domestic" on October 12, 1993. Adjudication of guilt was withheld, he was fined $150.00, and he was placed on twelve months probation. In addition, he was required to complete "New Hope & Alcohol Counseling," and he was ordered to have no contact with the victim. Petitioner successfully completed all terms of his probation, including counseling courses in both spousal abuse and substance abuse. In October 1993, Petitioner began working at FSH in an Other Personnel Services position. Eventually, he attained the position of unit treatment rehabilitation senior supervisor I in Unit 4, a position involving supervision of developmentally disabled adults. Due to a change in the law, in 1996, he was required to undergo a background screening. That screening uncovered his 1993 offense, and on July 18, 1997, he was disqualified from working in a position of special trust with developmentally disabled adults. Petitioner then accepted a position of fiscal assistant in the financial services section of FSH, a position having no contact with residents. He has continued working in that position pending the outcome of this case. Because of his desire to return to his former position, he has applied for an exemption from disqualification. Petitioner is a graduate of Florida State University with a degree in government and criminology. He also holds a Doctor of Jurisprudence from Howard University School of Law. He eventually plans to take the Florida Bar examination, and if he passes the examination, the Florida Bar will accept him for membership, notwithstanding his 1993 misdemeanor conviction. This assertion was not contradicted. In interpreting the statutory criteria which govern the granting of exemptions, the DCFS considers the following factors, among others, to be important. First, the applicant should not minimize the seriousness of the offense; he must express some remorse; and he must have insight into the seriousness of the incident and the risks involved. A three-person committee preliminarily denied the request in early September 1997 because at that time it believed that Petitioner minimized the incident, that he expressed little or no remorse, and that he had no insight into the seriousness of his offense. More than four years have elapsed since the criminal incident, a sufficient time for rehabilitation. Since that time, there have been no other blemishes on Petitioner's record. Except for a "bleeding toe," which was caused when the victim either cut it on broken glass or accidentally jammed it against the door, there was no injury to the victim. Petitioner has worked continuously at FSH since the incident, and he was described by former colleagues in Unit 4 as having a good rapport with patients and staff. According to co-workers, he also handled crises in the unit "in the right way." During the years 1995, 1996, and 1997, he received satisfactory evaluations from his supervisor. There is no evidence that Petitioner would present a danger to the residents if the exemption is granted. Petitioner's description of the circumstances surrounding the incident was not altogether accurate. This finding is made after considering the testimony of the victim who reluctantly testified on behalf of DCFS. For example, Petitioner recalled that the altercation ensued after the two had an argument over finances. However, it was established that it was caused when the victim attempted to break off the relationship and to leave the premises. In an effort to keep her from leaving, Petitioner tried to disrobe her. Also, he was extremely argumentative when speaking with the investigating law enforcement officer, and he refused to leave the premises when requested. According to the victim, Petitioner's verbally abusive behavior and his refusal to leave, rather than the altercation itself, ultimately led to his arrest that evening. While Petitioner was somewhat evasive and had no recollection about some of the facts surrounding the incident, this is probably attributable, at least in part, to his being highly intoxicated when the incident occurred. Petitioner expressed regret for his actions on the evening of September 19, 1993. His assertion that he has had no problems with alcohol since that night was not contradicted. Given the lapse of time since the incident, a record of continuous employment with the FSH with good evaluations, the completion of two counseling courses, and an expression of regret, the request for an exemption should be granted.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Children and Family Services enter a final order granting Petitioner's request for an exemption from disqualification for employment in a position of special trust. DONE AND ENTERED this 11th day of February, 1998, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 11th day of February, 1998. COPIES FURNISHED: Gregory D. Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Pete Peterson, Esquire Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Ben R. Patterson, Esquire Post Office Box 4289 Tallahassee, Florida 32315-4289 John R. Perry, Esquire Department of Children and Family Services 2639 North Monroe Street, Suite 252A Tallahassee, Florida 32399-2949
Findings Of Fact Petitioner applied for licensure as a psychologist on or about June 26, 1984 and Petitioner's application was considered by the Board of Psychological Examiners (Board). Petitioner's application for licensure was denied by the Board on the basis that Petitioner's doctoral program was not comparable to an American Psychological Association (APA) approved program in that the biological bases of behavior was not a requirement of Petitioner's doctoral program as required by Rule 21U-11.06, Florida Administrative Code. The Board adopted Rule 21U-11.06, Florida Administrative Code and essentially codified the criteria for APA approved program for the first time in this rule. The rule took effect an April 5, 1984. The pertinent part of the rule is provided below. In order to be certified by the Board as eligible for examination pursuant to Section 40.005(1), Florida Statutes, an applicant must: Complete the application form and remit the examination fee set by rule of the Board. Submit proof of the completion of a doctoral degree with a major in psychology from a university or professional school that has a program approved by the American Psychological Association or a doctoral degree in psychology from a university or professional school maintaining a standard . of training comparable to those universities having programs approved by the American Psychological Association. For the purpose of determining whether an applicant's doctoral degree in psychology was received from a university or professional school maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association the Board will apply the following criteria: Education and training in psychology must have been received in an institution of higher education accredited by one of the regional accrediting bodies recognized by the Counsel on Postsecondary Accreditation. The doctoral program must be publicly identified as a psychology program, and must specify in pertinent institutional catalogs and brochures its intent to educate and train psychologists. The psychology program must stand as a recognizable, coherent organizational entity within the institution. There must be a clear authority and pri mary responsibility for the academic core and speciality preparation, whether or not the program involves multiple administrative lines. The doctoral program must be an organized integrated sequence of study designed by the psychology faculty responsible for the program. There must be an identifiable psychology faculty. The program director must be a psy chologist. The program must have an identifiable body of students who are matriculated in that pro gram for a doctoral degree. The doctoral program must include super vised practicum and/or laboratory experiences appropriate to practice, teaching or research in psychology. The doctoral program shall require a minimum of: The equivalent of three full-time academic years of graduate study; Two academic years of the three shall be in full-time residence at the institution from which the doctoral degree is granted. The doctoral program shall require each student to demonstrate knowledge and use of scientific and professional ethics and standards, research design and methodology, statistics, psychological measurements, and history and systems of psychology. Further, the program shall require each student to demonstrate knowledge in the following subs tantive areas of psychology: Biological bases of behavior (e.g., physiological, psychology, comparative psychology, neuropsychology, psychopharmacology) Cognitive-affective bases of behavior (e.g., learning, memory, perception, cognition, thinking, motivation, emotion), Social bases of behavior (e.g., social psychology, cultural-ethnic and group pro cesses, sex roles, organization and systems theory), and Individual behavior (e.g., personality theory, human development, individual differ ences, abnormal psychology, psychology of women, psychology of the handicapped). (Emphasis supplied.) Rule 21U-11.06, Florida Administrative Code was adopted to implement Section 490.005, Florida Statutes (1983). The American Psychological Association Accreditation Handbook, Criteria For Accreditation of Doctoral Training Program and Internship in Professional Psychology (Handbook) adopted in January 1979 and amended in January 1980; sets out criteria that the doctoral programs must meet to be eligible for accreditation by APA and are listed below. Training in professional psychology is doctoral training offered in an institution of higher education accredited by one of the six regional accrediting bodies recognized by the Council of Postsecondary Accreditation (COPA). The program, wherever it may be administratively housed, must be clearly and publicly identified and labeled as a professional psychology program. A recognizable, coherent organizational entity must be responsible for the program. The faculty of the program must have clear authority and primary responsibility for all aspects of the program (even if the program cuts across institutional administrative lines). The program must include an integrated, organized plan of study and must ensure a breadth of exposure to the field of psychology. The program must include supervised practicum, internship, field, or laboratory training appropriate to the practice of psychology. There must be an identifiable psychology faculty and a psychologist responsible for the program. The program must have an identifiable body of students who are matriculated in that pro gram for a degree. The institution must demonstrate its commitment to the program by appropriate financial support. APA recognizes that certain principles are basic to sound training in professional psychology and requires that these principles be adhered to in an APA approved doctoral program. These principles are found in the Handbook under Training Models and Curricula, and in pertinent part are provided below. It is the responsibility of the faculty to integrate practice with theory and research early in the program. Students should form an early identification with their profession. Faculty should be available to demonstrate and model the behaviors that students are expected to learn. A close working relationship between faculty and student is essential. The foundation of professional practice in psychology is the evolving body of knowledge in the discipline of psychology. While programs will vary in emphasis and in available resources, sound graduate education in general psychology is therefore essential in any program. The curriculum shall encompass the equivalent of a minimum of three academic years of full time resident graduate study. Instruction in scientific and professional ethics and standards, research design and methodology, statistics, psychological measurement, and history and systems of psychology must be included in every doctoral program in professional psychology. The program shall, further, require each student to demonstrate competence in each of the following substantive content areas: biological bases of behavior (e.g., physiological psychology, comparative psychology, neuropsychology, sensation, psychopharmacology. cognitive-affective bases of behavior (e.g., learning, memory, perception, cognition, thinking, motivation, emotion), social bases of behavior (e.g., social psychology; cultural, ethnic, and group processes; sex roles; organizational and systems theory), and individual behavior (e.g., personality theory, human development, individual differences, abnormal psychology). (Emphasis supplied). The uncontroverted testimony of Dr. Perry was that competency in the area of biological bases of behavior is a fundamental requirement which a doctoral psychology program must require to properly train psychologists and the policy of the Board has been since its inception in 1981 that applicants for examination must have graduated from a program which required demonstration of competence in the foundation area of biological bases of behavior. There has been no standard criteria established for all the doctoral psychology programs of the state universities in the United States. There has been no standard criteria established for all the doctoral psychology programs of the state universities in Florida. Dr. Perry testified that he had not reviewed all the doctoral psychology programs of the state universities in Florida but that it was his belief that those programs were comparable to APA approved doctoral psychology programs. Based on Dr. Perry's service with the Board, he testified that the Board is not concerned with whether the doctoral psychology programs of the state universities of Florida are comparable with APA approved doctoral psychology programs when the applicant has graduated from one of the state universities of Florida.
The Issue Whether Petitioner's application for licensure as a psychologist should be approved, pursuant to Chapter 490, Florida Statutes. This proceeding arose as a result of Respondent's provisional denial of Petitioner's application for licensure by endorsement as a psychologist under Chapter 490, Florida Statutes, and Chapter 21U-11, Florida Administrative Code, based upon Respondent's determination that Petitioner did not hold a license in another state which was obtained by requirements substantially equivalent or more stringent to requirements for licensure as a psychologist in the State of Florida. At the commencement of the hearing, Petitioner was advised of his rights in administrative proceedings. He indicated his understanding of such rights and elected to represent himself at the hearing. Petitioner testified in his own behalf and submitted 4 exhibits in evidence. Respondent presented the testimony of Dr. Frank Biasco, a member of the Board of Psychological Examiners. Joint Exhibit 1 representing the application file of Petitioner was also received in evidence.
Findings Of Fact Petitioner Henry S. Tugender, Morganville, New Jersey, filed an application for licensure by endorsement as a psychologist with Respondent Board of Psychological Examiners on February 22, 1982. By letter of November 4, 1982, the Board's executive director informed Petitioner that his application had been denied by the Board pursuant to Rule 21U-11.04, Florida Administrative Code, because he did not hold a license in another state obtained by requirements substantially equivalent or more stringent to requirements for licensure as a psychologist in the State of Florida. Petitioner thereafter requested an administrative hearing. (Testimony of Tugender, Joint Exhibit 1) Petitioner received a master's degree in clinical psychology from Long Island University in 1959. He pursued doctoral studies in the clinical psychology program of Arizona State University from 1962 to 1964. In 1970, he obtained a Doctor of Philosophy degree from East Coast University, Dade City Florida, with a major in psychology. He was in an "external" degree program that involved a minimum residency during two summers and and submission of a dissertation. The university was not accredited by the American Psychology Association (APA) and is no longer in existence. (Testimony of Tugender, Joint Exhibit 1, Petitioner's Exhibit 1) Petitioner is licensed to practice psychology in three states and the District of Columbia. He was licensed in New Jersey in 1968, Illinois in 1971, Pennsylvania in 1975, and the District of Columbia in 1973. At the time of licensure, none of the three states or the District of Columbia required a doctoral degree to obtain a license. He qualified in each instance by having a master's degree, plus a varying number of years of experience. (Testimony of Petitioner, Joint Exhibit 1) At the time Petitioner was licensed in New Jersey, Pennsylvania, Illinois and the District of Columbia, the licensure requirements of those states were not substantially equivalent to or more stringent than those now contained in Chapter 490, Florida Statutes, in that they did not require a doctoral degree with a major in psychology from a school with an APA approved program, or from a school maintaining a standard of training comparable to those universities having programs approved by the APA or the doctoral psychology programs of the state universities. Rifle 21U-11.04(2)(a), Florida Administrative Code, sets forth criteria that must be met in all respects in order to demonstrate that the doctoral program meets the comparability requirements established by the rule. Petitioner presented no evidence concerning the content of his doctoral program at East Coast University, but conceded at the hearing that the program did not meet a number of the requirements specified in the rule. (Testimony of Petitioner, Biasco) Petitioner seeks to relocate to Florida for professional and health reasons. He currently is in private practice in New Jersey. He specializes in hypnosis and has been active in that field over many years. At the time of hearing, he held a valid Florida Department of Education teacher's certificate in psychology. He is also a certified school psychologist in the states of Pennsylvania and New Jersey. He is affiliated with a number of professional organizations and is listed in the National Register of Health Service Providers in Psychology. In 1974-75, he served as a consultant to the Florida Parole and Probation Commission, and in the Department of Corrections. (Testimony of Petitioner, Joint Exhibit 1, Petitioner's Exhibits 1-4)
Recommendation That Petitioner's application for licensure as a psychologist by endorsement be DENIED. DONE and ENTERED this 14th day of July, 1983, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of July, 1983. COPIES FURNISHED: Jane Raker, Executive Director Board of Psychological Examiners 130 North Monroe Street Tallahassee, Florida 32301 Randy Holland, Esquire Department of Legal Affairs The Capitol - 1601 Tallahassee, Florida 32301 Henry S. Tugender 35 Wickatunk Village Morganville, N.J. 07751
