11-000541 Nicholas A. Mancini, Ph.D. vs. Department Of Health, Board Of Clinical Social Work, Marriage And Family Therapy, And Mental Health Counseling Status: Closed Recommended Order on Tuesday, June 7, 2011.

Summary: Applicant for mental health counselor license did not prove that he had obtained the required number of graduate level course hours or the required number of hours of coursework in the statutorily mandated content areas.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NICHOLAS A. MANCINI, P H D , )

)

Petitioner, )

)

vs. ) Case No. 11 - 0541

)

DEPARTMENT OF HEALTH, BOARD OF )

CLINICAL SOCIAL WORK, MARRIAGE, )

AND FAMILY THERAPY AND MENTAL )

HEALTH COUNSELING , )

)

Respondent. )

__________________ _______________)

RECOMMENDED ORDER

Administrative Law Judge, John D. C. Newton, II, of the

Division of Administrative Hearings, heard this case, as

noticed, on April 7 , 201 1 , by video teleconference at sites in

West Palm Beach and Tallahassee, Florida .

APPEARANCES

For Petitioner: Nicho l as A. Mancini , PhD , pro se

1106 Bahama Bend, Apartment D2

Coconut Creek, Florida 33066

For Respondent: Deborah Bartholow Loucks , Esquire

Assistant Attorney General

Office of the Attorney General

The Capitol, Plaza Level 01

Tallahassee, Florida 32399 - 1050

STATEMENT OF THE ISSUE

Does Petitioner, Nicholas A. Mancini, PhD (Dr. Mancini),

satisfy the requirements for licensure as a mental health

counselor as established in section 491.005(4), Florida Statutes

(2010) ? 1

PRELIMINARY STATEMENT

Dr. Mancini a pplied for licensure as a mental hea lt h

counselor by exami na tion. O n December 30, 2010, Respondent,

Departme n t of Health, Board of Clinical Social Work, Marriage

and Family Therapy and Mental Health Counseling (Board), issued

its Notice of Intent to Deny Dr. Mancini's application.

Dr. Manc ini requested a formal hearing pursuant to Section

120 . 57(1), Florida Statutes. On February 1, 2011, the Board

referred the request to the Division of Administrative Hearings

(DOAH) for conduct of the hearing.

On February 9, 2011, the hearing was sched uled for April 7,

2011. T he hearing was conducted by video teleconference , as

noticed, with sites in West Palm Beach and Tallahassee, Florida.

Dr. Mancini attended the hearing from the West Palm Beach site.

All other participants attended the hearing fr om the Tallahassee

site.

Dr. Mancini testified on his own behalf and presented

testimony of Dr. Peter Sherrard, Cindy Phelps - Dilmore, Sue

Foster, and Robin McKenzie. Dr. Mancini offer ed most of his

exhibits on a CD . He also offered some in paper form. The

exhibits were not consecutively numbered. Some exhibits on the

CD were distinguished by the format in which they were recorded,

PDF or Word. Three, although identified as Word files, were

digital audio recordings. The Board, as a courtesy, provided

printed copies of the documents. The following exhibits of

Dr. Mancini were accepted into evidence: PDF Exhibits 7, 8, 11,

12, 14, 1 5, 16, 17, 27, 32, 34, and 41; Word Exhibits 5, 6, 7,

15, 16, 19, and 22; and Exhibit 23 (a digital audio recording of

a B oard meeting ). In addition the following paper document s

offered as exhibits by Dr. Mancini were accepted into Evidence:

Exhibits 1, 2, 3, 4, 5, 6, 7, C, and B .

The Board presented testimony of Sue Foster, Robin

McKenzie, and Dr. Peter Sherrard. The B oard 's C omposite

Exhibits 1 and 2 were accepted into evidence .

On April 12, 2011, Dr. Mancini filed a Motion to Put

Additional Evidence on the Record. The motion was denied.

On April 20 , 2011, Dr. Mancini filed a document titled

"Petitioner Objection to Respondent Audiotape of 12/08/10

Business Meeting Motion to Put Addit i onal Information on Record

filed." The "Objection" is a rambling crit iqu e of several

exhibits offered or accepted into evidence during the hearing,

including exhibits offered by Dr. Mancini. The "Objection" has

been considered in evaluating the evidence .

The two - volume transcript was filed April 25, 2011. The

parties timely fi led P roposed Recommended O rders . The proposed

orders have been considered in the preparation of this

Reco mmended Order.

FINDINGS OF FAC T

Based on the evidence presented at the final hearing and on

the entire record of this proceeding, the following findings of

fact are made:

1. On December 30, 2010, the Board issued its Notice of

Intent to Deny Dr. Mancin i's application for licensure as a

Mental Health Counselor. Dr. Mancini requested a hearing to

challenge the decision. This proceeding followed.

2 . Dr. Mancini has been licensed to practice psychology in

California and Pennsylvania. His Pennsylvania l icense expired

November 30, 2003. His California license was canceled on

May 31, 2006.

3 . Dr. Man c ini earned a master's degree in psychology from

Fairleigh Dickinson University. He completed 34 semester hours

of coursework there. The Fairleigh Dicki nson University

master ' s in psychology program that Dr. Mancini completed was

not a mental health counseling program accredited by the Council

of Accreditation of Counseling and R elated Educational Programs.

The p rogram is, however, related to the practic e of mental

health counseling .

4 . A t the time Dr. Mancini attended Farleigh Dickinson , it

was accredited by the Commission on Higher Education of the

Middle States Assoc i a tion of Colleges and Schools. It was also

accredited by the Council of Higher Ed ucation Accreditation.

5 . By completing Fairleigh Dickinson course 20PY624,

Counseling and Interviewing, Dr. Mancini obtained three sem e ster

hours of graduate coursework in the con t ent are a of counse l in g

theories and practice.

6 . By completing Fair leigh Dickinson cours e 30PY633,

Abnormal Psychology, Dr. Mancini obtained three sem e ster hours

of graduate coursework in the content area of diagnosis and

treatment of psychopathology .

7 . By completing Fairleigh Dickinson Course 30PY600, Tests

and Meas urements I, Dr. Mancini obtained three sem e ster hours of

graduate coursework in the content area of individual evaluation

and assessment.

8 . By completing Fairleigh Dickins on course s 20PY603 and

20PY604 , Statistics and Experiment a l Psychology, Dr. Mancin i

obtained three sem e ster hours of graduate coursework in the

content are a of research and program evaluation.

9 . By completing Fairleigh Dickinson course 30PY710,

Social Problems, Dr. Mancini obtained three semester hours of

graduate coursework in the content area of substa n ce abuse.

10 . Dr. Mancini attended, but did not receive a degree

from, Hahneman University Medical College of Philadelphia (now

Drexel University). He completed four semester hours of

graduate coursework there. At the time, it w as regionally

accredited by the Council of Higher Education Accreditation .

1 1 . Dr. Mancini attended, but did not receive a degree

from, Glassboro State College (now Rowan University). He

completed six sem e ster hours of graduate coursework there. At

the time, it was regionally accredited by the Council of Higher

Education Accreditation.

1 2 . Dr. Mancin i earned a doctoral degree in counseling

psychology from the Professional School of Psychological

Studies. At the time, the school was not regionally acc redited.

1 3 . Dr. Mancini has not obtained three semester hours of

graduate - level coursework from a regionally accredited

institution in each of the following content areas: human

growth and development; human sexuality, group theories and

practice; car eer and lifestyle assessment; social and cultural

foundations; counseling in community settings; and legal,

ethical, and professional standards issues in the practice of

mental health counseling.

CONCLUSIONS OF LAW

14 . Sections 120.569 and 120.57(1), Flo rid a Statutes,

grant t he Division of Administrative Hearings jurisdiction over

the subject matter of this proceeding and of the parties .

1 5 . As the applicant, Dr. Mancini bears the burden of

persuasion to establish by a preponderance of the evidence that

he meets the requirements for licensure. § 4 91.005(4)(b)2, Fla.

Stat. ; Richard S. Espinoza vs. Dep't. of Bus . & Prof 'l Reg . ,

Fla . , Bd. Prof ' l Engineers , 739 So. 2d 1250 (Fla. 3d DCA 1999);

Dep' t of Trans p . v. J.W.C. Company, Inc ., 396 So. 2d 778 (Fla.

1st DCA 1981); Balino v. Dep ' t of HRS , 348 So. 2d 349 (Fla. 1st

DCA 1977).

16 . Section 491.005 (4) establishes the requirements for

licensure as a mental health counselor. An applicant must meet

the specific educational requirements of section 491.005 (4) .

S ee Koger v. Dep't of Prof'l Reg . , 647 So. 2d 312 (Fla. 5th DCA

1994). Since neither Dr. Mancini 's master ' s degree n or his

doctorate is from a mental health counseling program accredited

by the Council for the Accreditation of Counseling and Related

Educat ional Programs, he must prove that he meets the graduate

level cour s ework requirements set forth in section

491.005(4)(b) 1 .

17 . The statute requires that an applicant have earned a

master 's degree or higher that includes completion of at least

60 semest er hours from an institu t ion of higher education . The

institution must have been fully accredited by a re g ional

accredit ation body recognized by the Commission on Recog n it i on

of Postsecondary Accredit at i o n at the time of the applicant's

graduation . 2 The coursework must meet specific requirement s

addressed later. Dr. Mancini has not proven by persu a sive

evidence that he meets the 60 hour requirement.

18 . Section 491.005(4)(b)1 also requires , among other

things, a minimum of three semester hours in 12 con tent areas.

Seven of the content areas are : human growth and development;

human sexuality, group theories and practice; career and

lifestyle assessment; social and cultural foundations;

counse ling in community settings; and legal, ethical, and

profession al standards issues in mental health counseling .

19 . Florida Administrati v e Code Rule 64B4 - 31.010 clarifies

the content requirements of section 491.005(4)(b), as provided

in section 491.005(6). The clarifications of that rule have

been applied to the e valuation of the courses completed by

Dr. Mancini.

20 . Dr. Mancini has not proven by persuasive evidence that

he has obtained a minimum of three semester hours in the content

areas of human growth and development; human sexuality, group

theories and pract ice; career and lifestyle assessment; social

and cultural foundations; counseling in community settings; and

legal, ethical, and professional standards issues in mental

health counseling .

2 1 . Dr. Mancini has not proven that he has completed the

required number of hours in an appropriately accredited

institution. He also has not proven that he completed the

required minimum number of hours in the specific mandatory

content areas. Consequently Dr. Mancini is not entitled to

licensure as a mental health c ounselor.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Department of Health, Board of

Clinical Social Work, Marriage, and Family Therapy and Mental

Health Counseling issue a final order denying D r. Mancini's

licensure application.

DONE AND EN TERED this 7 th day of June , 201 1 , in

Tallahassee, Leon County, Florida.

S

___________________________________

JOHN D. C. N EWTON, II

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 7 th day of June , 20 1 1 .

ENDNOTES

1 All references to the Florida Statutes are to the 2010 edition

unless otherwise noted.

2 Other provisions of t he statute for schools outside of the

United States do not apply here.

COPIES FURNISHED:

Deborah B. Loucks, Esquire

Office of the Attorney General

The Capitol, Plaza Level 01

Tallahassee, Florida 32399

Nicholas Angelo Mancini , PhD

1106 Bahama Bend, Ap artment D2

Coconut Creek, Florida 33066

Susan Foster, Executive Director

Board of Clinical Social Work,

Marriage, and Family Therapy

and Mental Health Counseling

Department of Health

4052 Bald Cypress Way, Bin C08

Tallahassee, Florida 32399

Nicho las Romanello, General Co unsel

Department of Health

4052 Bald Cypress Way, Bin A02

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.