08-000084 Angela Sessa vs. Board Of Nursing Status: Closed Recommended Order on Friday, June 6, 2008.

Summary: Petitioner failed to show that the courses she successfully completed in a nursing program are comparable to nursing programs meeting the requirements of Florida Administrative Code Rule Chapter 64B9-2.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANGELA SESSA, )

)

Petitioner, )

)

vs. ) Case No. 08-0084

)

BOARD OF NURSING, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held by video teleconference at sites in

Tampa and Tallahassee, Florida, on April 4, 2008, before

Carolyn S. Holifield, Administrative Law Judge of the Division

of Administrative Hearings.

APPEARANCES

For Petitioner: Angela Sessa, pro se

3505 Sandburg Loop

Plant City, Florida 33566

For Respondent: Lee Ann Gustafson, Esquire

Office of the Attorney General

The Capitol, Plaza Level 01

Tallahassee, Florida 32399-1050

STATEMENT OF THE ISSUE

The issue is whether Petitioner meets the academic

requirements to sit for the practical nursing equivalency

examination in Florida.

PRELIMINARY STATEMENT

Petitioner, Angela Sessa ("Petitioner"), applied for

licensure by examination as a practical nurse. By Notice of

Intent to Deny ("Notice") dated August 21, 2008, Respondent,

Board of Nursing ("Board"), advised Petitioner of its intent to

deny her application because she had not successfully completed

the Adult Health Care III course. According to the Notice,

Petitioner had not completed the course that covered the

oxygenation, circulation and hematology systems, all of "which

are critical to the practice of practical nursing." On or about

September 25, 2007, Petitioner requested a hearing on the

proposed denial.

At the hearing, Petitioner testified on her own behalf and

presented the testimony of Rise Sandrowitz, the program manager

for the nursing program at Hillsborough Community College

("HCC"). Petitioner's Exhibits 1 and 2 were admitted into

evidence. Respondent did not present any witnesses.

Respondent's Exhibits 1, 2 and 3 were admitted into evidence.

The hearing Transcript was filed on May 8, 2008. At the

conclusion of the hearing, the time for filing proposed

recommended orders was set for ten days after the Transcript was

filed. Petitioner did not file a proposed recommended order.

Respondent timely submitted a Proposed Recommended Order which

has been carefully considered in the preparation of this

Recommended Order.

FINDINGS OF FACT

1. Petitioner attended the registered nursing program

at HCC.

2. On or about March 1, 2007, Petitioner applied to sit

for the practical nursing licensure examination.

3. By letter dated May 8, 2008, the Board notified

Petitioner that additional information was required to complete

her application. According to the letter, two submissions were

required. First, the director of nursing at HCC needed to

submit a letter stating that Petitioner's coursework meets the

practical nursing educational equivalency. Second, Petitioner

needed to submit verification that she completed coursework in

medical-surgical nursing (oxygenation, circulation and

hematology).

4. Rise Sandrowitz, program manager of the nursing program

at HCC, submitted a letter to the Board. In the letter dated

June 8, 2008, Ms. Sandrowitz stated that while Petitioner was a

student at HCC, she "twice attempted but was unsuccessful in

Adult Health III."

5. The Adult Health Care III course is a 5.5 credit hour

course and covers topics of oxygenation, circulation and

hematology.

6. Ms. Sandrowitz' letter does not state that the courses

Petitioner completed in the professional nursing program at HCC

met the requirements for the practical nursing equivalency.

7. Ms. Sandrowitz testified credibly that the intent of

her letter was to recommend that Petitioner be allowed to sit

for the examination, if the Board determined that Petitioner's

coursework met the practical nursing equivalency requirements.

8. The Board determined that Petitioner's failure to

successfully complete the course that covered the oxygenation

(respiratory), circulation, and hematology systems demonstrated

that she did not meet the practical nursing equivalency

requirements.

9. Petitioner testified credibly that each time she took

the Adult Health Care III course, she attended "all lectures and

every clinical," took every test and quiz, and completed all

assignments. Nevertheless, Petitioner did not successfully

complete the course. Each time Petitioner took the course, she

was "just short of the 80%" needed to pass the lecture part of

the course.

10. Despite her failure to pass Adult Health Care III,

Petitioner argues that she has adequate knowledge in all nursing

areas, including those systems covered in that course and, thus,

should be allowed to sit for the practical nursing examination.

CONCLUSIONS OF LAW

11. The Division of Administrative Hearings has

jurisdiction over the parties to and the subject matter of these

proceedings. §§ 120.569 and 120.57(1), Fla. Stat. (2007).

12. The Board of Nursing is the state agency responsible

for the licensing of registered nurses and licensed practical

nurses in Florida and the regulation of the nursing profession

in this state.

13. As an applicant for licensure, whose license is

preliminarily denied, Petitioner bears the ultimate burden of

demonstrating, by a preponderance of the evidence, entitlement

to such licensure. See Espinoza v. Department of Business and

Professional , 739 So. 2d 1250, 1251 (Fla. 3d DCA 1991); and

Florida Department of Transportation v. J.W.C. Co., Inc. ,

396 So. 2d 778 (Fla. 1st DCA 1981).

14. The specific requirements for professional nursing and

practical nursing programs include theoretical instruction and

clinical experience in medical, surgical, obstetric, pediatric,

geriatric, and psychiatric nursing. Fla. Admin. Code

R. 64B9-2.006(2)(c)1. and (3)(a)1.

15. Petitioner is seeking to qualify to take the practical

nursing examination based on "practical nursing educational

equivalency."

16. Applicants may qualify to take the examination for

licensure for practical nursing on the basis of courses

completed in a professional nursing program, which are at least

equivalent to the practical nursing program. § 464.008(1)(c),

Fla. Stat.; and Fla. Admin. Code R. 64B9-3.002(1)(d).

17. To establish that the courses completed are the

requisite practical nursing educational equivalency, requires

the submission of documentation from the professional nursing

school. The documentation submitted must state that the "number

of completed clock hours or theoretical and clinical

instruction" is comparable to the practical nursing program

requirements prescribed in Florida Administrative Code Rule

Chapter 64B9-2. See Fla. Admin. Code R. 64B9-3.002(1)(d).

18. In instances where documentation is submitted by the

professional nursing school, the Board may accept such

documentation as evidence that the completed clock hours or

theoretical and clinical instruction is comparable to the

practical nursing program requirements set forth in Florida

Administrative Code Rule Chapter 64B9-2.

19. The professional nursing school that Petitioner

attended did not submit documentation that stated the number of

completed clock hours or theoretical and clinical instruction is

comparable to the practical nursing program requirements

prescribed by rule.

20. Petitioner failed to establish that the courses she

successfully completed in the professional nursing program at

HCC are the equivalent or comparable to practical nursing

program requirements set forth by rule.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is

RECOMMENDED that a final order be entered which denies

Petitioner, Angela Sessa's, application to sit for the

examination for licensure as a practical nurse in Florida.

DONE AND ENTERED this 6th day of June, 2008, in

Tallahassee, Leon County, Florida.

S

CAROLYN S. HOLIFIELD

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 6th day of June, 2008.

COPIES FURNISHED :

Lee Ann Gustafson, Esquire

Office of the Attorney General

The Capitol, Plaza Level 01

Tallahassee, Florida 32399-1050

Angela Sessa

3505 Sandburg Loop

Plant City, Florida 33566

Rick Garcia, Executive Director

Board of Nursing

Department of Health

4052 Bald Cypress Way, Bin C-02

Tallahassee, Florida 32399-1701

Dr. Patricia Dittman, Chairman

Board of Nursing

Department of Health

4052 Bald Cypress Way, Bin C-02

Tallahassee, Florida 32399-1701

Josefina M. Tamayo, General Counsel

Department of Health

4052 Bald Cypress Way, Bin A-02

Tallahassee, Florida 32399-1701

R.S. Power, Agency Clerk

Department of Health

4052 Bald Cypress Way, Bin A-02

Tallahassee, Florida 32399-1701

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.