99-001810 Ilene R. Berson vs. Department Of Health, Board Of Psychology Status: Closed Recommended Order on Wednesday, February 16, 2000.

Summary: Degree in school psychology does not qualify applicant for licensure as psychologist.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ILENE R. BERSON, )

)

Petitioner, )

)

vs. ) Case No. 99-1810

)

DEPARTMENT OF HEALTH, BOARD OF )

PSYCHOLOGY, )

)

Respondent. )

___________________________________)

RECOMMENDED ORDER

On September 30, 1999, a formal administrative hearing in

this case was held by videoteleconference in Tallahassee and

Tampa, Florida, before William F. Quattlebaum, Administrative Law

Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Betsy S. Singer, Esquire

Paul & Singer, P.A.

First Union Center

100 South Ashley Drive, Suite 1720

Tampa, Florida 33602

For Respondent: Donna Erlich, Esquire

Offi ce of the Attorney General

Administrative Law Section

The Capitol, Plaza Level 01

Tallahassee, Florida 32399-1050

STATEMENT OF THE ISSUE

The issue in this case is whether the Petitioner is eligible

for licensure by examination, with waiver of the national

examination, as a psychologist in the State of Florida.

Specifically the issues for determination are:

1. Whether the Petitioner has a Ph.D. in psychology from

the University of Toledo, or received a doctoral-level

psychological education as defined in Florida Statutes;

2. Whether the Petitioner's Ph.D. was obtained from a

program comparable to an the American Psychological Association

( APA) accredited program; and

3. Whether the Petitioner's internship met the requirements

of experience in association with or under the supervision of a

licensed psychologist as identified in Florida Statutes and the

Florida Administrative Code.

PRELIMINARY STATEMENT

In June 1998, Ilene R. Berson (Petitioner) applied for

licensure as a Florida psychologist by examination with waiver.

On March 2, 1999, the Board of Psychology (Board) issued a Notice

of Intention to Deny Application. The Petitioner requested a

formal administrative hearing. The matter was forwarded to the

Division of Administrative Hearings, which conducted the

proceeding.

At the hearing, the Petitioner testified on her own behalf,

and had exhibits identified as A-G, I, J and M-Z admitted into

evidence. The Board presented the testimony of one witness and

had exhibits numbered 1-10 admitted into evidence. Subsequent to

the hearing, the Petitioner filed the deposition testimony of two

additional witnesses. The Respondent filed the rebuttal

deposition testimony of one witness.

A Transcript of the hearing was filed. Both parties filed

Proposed Recommended Orders.

FINDINGS OF FACT

1. Ilene R. Berson (Petitioner) received a Master of

Education degree with a major in school psychology from the

University of Toledo, in Toledo, Ohio, on or about August 25,

1990.

2. The Petitioner received a Ph.D. from the University of

Toledo on or about June 14, 1997.

3. The doctoral program completed by the Petitioner at the

University of Toledo was not accredited by the American

Psychological Association ( APA) at the time of her attendance,

and remained unaccredited at the time of this hearing.

4. The APA does not accredit the Petitioner's doctoral

internship program.

5. The Petitioner has not enrolled in any program to

augment her education since the award of her Ph.D. in 1997.

6. In June 1998, the Petitioner applied for licensure as a

Florida psychologist by examination with waiver. The Petitioner

has taken and passed the EPPP exam, a national psychology

licensure exam.

7. On or about March 2, 1999, the Board of Psychology

(Board) issued a Notice of Intent to Deny Application for

Licensure.

8. In order to be eligible for licensure as a psychologist

in Florida, an applicant must have a doctoral-level degree in

psychology or an appropriate equivalent.

9. The Petitioner does not have a Ph.D. in psychology.

10. According to the Petitioner's college transcript, the

Petitioner earned a Ph.D. in Education with a major in "Guidance

and Counselor Education."

11. According to the Petitioner's application for licensure

as a psychologist, the Petitioner earned a Ph.D. in Guidance and

Counseling Education with a school psychology concentration.

12. There is evidence that the University of Toledo

doctoral program completed by the Petitioner awarded degrees in

"school psychology" and in "counselor education." Letters from

University officials suggest that, despite the transcript's

identification of her degree, the Petitioner's degree is in

school psychology.

13. Assuming that assertions related to the title of the

Petitioner's degree are correct, the Petitioner has a Ph.D. in

school psychology.

14. The award of degrees and licensure in school psychology

and general psychology involve separate courses of study and

differing types of practice.

15. Florida law provides for specific licensure of school

psychologists.

16. The evidence fails to establish that the Petitioner has

a Ph.D. in psychology.

17. Because the Petitioner's Ph.D. is not in psychology,

the Petitioner must establish that she received a "doctoral-

level" psychological education, as the term is defined by

statute.

18. The applicable statutory definition requires that her

degree be granted by an accredited institution, and that her

education be provided through an accredited program.

19. The North Central Association of Colleges and Schools

accredits the University of Toledo, an accrediting agency

recognized and approved by the U.S. Department of Education.

20. The APA does not accredit the psychology program at the

University of Toledo. The APA is the only agency recognized and

approved by the U.S. Department of Education to accredit doctoral

programs in psychology.

21. Because the University of Toledo does not have

programmatic accreditation, the Petitioner must demonstrate that

the psychology program at the University of Toledo is comparable

to an APA-accredited program.

22. As part of her application, the Petitioner submitted a

comparability letter from Dr. Janet Graden. Dr. Graden is the

director of the APA-accredited doctoral program in school

psychology at the University of Cincinnati.

23. Dr. Graden opined in her letter that based upon a

review of the University of Toledo School Psychology Program

Handbook and a review of the Petitioner's transcript, the

Petitioner's doctoral program of study at the University of

Toledo was comparable to the school psychology doctoral program

at the University of Cincinnati.

24. A school psychology program is not the equivalent of a

psychology program.

25. The Graden letter is insufficient to establish that the

University of Toledo's psychology program is comparable to an

APA-accredited psychology program.

26. The Petitioner also offered the deposition testimony of

Dr. George Batsche and Dr. Thomas Oakland in support of the

assertion that the University of Toledo program was comparable to

an APA-accredited program. In response, the Board offered the

deposition testimony of Dr. Russell Bauer. Based upon review of

the deposition testimony, the testimony of Dr. Bauer is

persuasive and is credited.

27. Dr. Oakland also submitted a comparability letter at

the time of his post-hearing deposition. Dr. Oakland's letter

states that he believes the Petitioner's "academic and

professional experiences in conjunction with the . . . program

from the University of Toledo together with her other

professional experiences result in her being comparable to

graduates of [Dr. Oakland's program at the University of

Florida.]"

28. According to Dr. Oakland's curriculum vitae, he is

currently the director of the school psychology program at the

University of Florida.

29. Dr. Oakland's letter fails to establish that the

doctoral program completed by the Petitioner is comparable to an

APA-accredited program in psychology. Dr. Oakland's letter

states only that the Petitioner is comparable to a graduate of

the University of Florida program. The comparability of program

graduates is not at issue in this proceeding.

30. The greater weight of the credible evidence establishes

that the University of Toledo doctoral course of study completed

by the Petitioner is not comparable to an APA-approved doctoral

program in psychology.

31. Review of the Petitioner's transcript and course

materials indicates that the coursework completed as part of the

doctoral program at the University of Toledo is not comparable to

an APA-approved psychology doctoral program.

32. Dr. Bauer testified as to the factors considered by the

APA in determining whether a program meets the minimum

requirements for accreditation. Dr. Bauer opined that the

University of Toledo program would likely not meet the minimum

requirements for APA accreditation.

33. Dr. Bauer reviewed the APA accreditation requirements

and the University of Toledo doctoral program completed by the

Petitioner. Dr. Bauer specifically addressed the coursework

completed by the Petitioner as part of her doctoral program.

34. Dr. Bauer opined that the University of Toledo program

is not comparable to an APA-accredited program. Dr. Bauer's

testimony is credited.

35. Another requirement of Florida law for licensure as a

psychologist is completion of appropriate internship and

residency programs, each of at least 2,000 hours, for a total

experience requirement of at least 4,000 hours.

36. The evidence fails to establish that the Petitioner has

completed the appropriate experience requirement.

37. The evidence fails to establish that the Petitioner

completed an appropriate 2,000-hour internship program.

38. The Petitioner's application for licensure indicates

that she interned with Dr. Jerome Zake, Dr. Constance Dorr, and

with the Toledo public school system from September 8, 1990

through August 30, 1992. The application indicates that the

internship included one and one-half hours of clinical

supervision per week, and "at least" one hour of individual

clinical supervision per week, and states a total number of hours

at 1,580.

39. The majority of the Petitioner's internship time was

spent in a school setting: two elementary schools, a middle/high

school, and a center for emotionally handicapped children.

40. The public school internship was not APA accredited.

41. The total number of hours of the Petitioner's

internship is substantially less than 2,000.

42. According to Dr. Zake, his supervision of the

Petitioner extended from September 8, 1990 to August 30, 1992.

Dr. Zake's submission to the board states that the Petitioner

worked for him for a total of 250 hours in addition to her public

school work. Dr. Zake's supervision included weekly half-hour

meetings with the Petitioner.

43. Dr. Zake indicates that all of the Petitioner's time

was spent in evaluation, measurement and assessment of

intellectual ability, aptitudes, or achievement that directly

relates to learning or behavioral problems in an educational

setting. Although the Petitioner disputes the information

provided by Dr. Zake as to this point, there is no credible

evidence to support her assertion that her work was other than as

reported by Dr. Zake.

44. According to Dr. Dorr, her supervision of the

Petitioner extended from August 1991 to June 1992 while the

Petitioner interned with the Toledo public school system.

Dr. Dorr's submission to the board states that the Petitioner

worked for a total of 1,330 hours as a "school psychologist

intern." Dr. Dorr's supervision included twice-weekly one-hour

meetings with the Petitioner.

45. Dr. Dorr indicates that approximately one-half of the

Petitioner's time was spent in evaluation, measurement and

assessment of intellectual ability, aptitudes, or achievement

that directly relates to learning or behavioral problems in an

educational setting. Although the Petitioner disputes the

information provided by Dr. Dorr as to this point, there is no

credible evidence to support her assertion that her work was

other than as reported by Dr. Dorr.

46. Dr. Dorr was the Petitioner's primary supervisor during

the internship. Dr. Dorr is unlicensed, and is not a member of

the University of Toledo faculty. Dr. Zake is a licensed

psychologist in Ohio, and was an adjunct faculty member of the

University of Toledo.

47. The evidence fails to establish that the Petitioner's

internship complies with applicable requirements for licensure as

a psychologist in Florida.

48. Another Florida requirement for licensure as a

psychologist is a 2,000-hour post-doctoral residency experience.

49. In the license application, the Petitioner indicates

that she worked as an "evaluator/therapist" from December 13,

1994 to June 16, 1998, with Psychology Associates of Mt.

Pleasant, South Carolina, under the supervision of Dr. Lucia

Horowitz.

50. The Petitioner received her Ph.D. in June 1997.

Therefore, according to the information set forth on the

application, a substantial portion of the Petitioner's residency

was completed prior to receipt of her doctoral degree.

51. The application indicates that her position as an

evaluator/therapist included 20 hours weekly for 156 weeks. The

application states that her work included one hour of clinical

supervision per week, and one hour of individual clinical

supervision per week, and states the total numbers of hours at

3,120.

52. According to Dr. Horowitz, her supervision of the

Petitioner extended from June 15, 1997 to June 19, 1998.

Dr. Horowitz reports that the Petitioner completed supervised

experience of at least 2,000 hours in the year of her residency,

including at least 900 hours in service-related experience, at

least two hours of clinical supervision per week, and at least

one hour of individual supervision per week.

53. Dr. Horowitz identifies the location of the residency

as "Psychology Associates of Mt. Pleasant" and " Lowcountry

Children's Center."

54. According to the Horowitz submission, the Lowcountry

Children's Center is located in Charleston, South Carolina.

55. The Petitioner's application for licensure does not

identify the Lowcountry Children's Center as the site of a

portion of her residency.

56. The evidence fails to establish that the Petitioner's

residency meets the requirements of law applicable to application

for licensure as a psychologist in Florida.

CONCLUSIONS OF LAW

57. The Division of Administrative Hearings has

jurisdiction over the parties to and the subject matter of this

proceeding. Section 120.57(1), Florida Statutes.

58. The Petitioner has the burden of establishing by a

preponderance of the evidence that she is entitled to an

examination eligibility determination for licensure as a Florida

psychologist. Balino v. Department of Health and Rehabilitative

Services , 348 So. 2d 349 (1st DCA 1977). Florida Department of

Transportation v. JWC Company, Inc. , 396 So. 2d 778 (Fla. 1st DCA

1981). In this case, the burden has not been met.

59. The Respondent is the agency charged with certification

of applicants eligible for licensure as psychologists in the

State of Florida. Chapter 490, Florida Statutes.

60. Section 490.005, Florida Statutes, provides as follows:

490.005 Licensure by examination.--

(1) 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:

(a) Completed the application form and

remitted a nonrefundable application fee not

to exceed $500 and an examination fee set by

the board sufficient to cover the actual per

applicant cost to the department for

development, purchase, and administration of

the examination, but not to exceed $500.

(b) Submitted proof satisfactory to the

board that the applicant has :

1. Received doctoral-level psychological

education, as defined in s. 490.003(3);

2. Received the equivalent of a doctoral-

level psychological education, as defined in

s.490.003(3), from a program at a school or

university located outside the United States

of America and Canada, which was officially

recognized by the government of the country

in which it is located as an institution or

program to train students to practice

professional psychology. The burden of

establishing that the requirements of this

provision have been met shall be upon the

applicant;

3. Received and submitted to the board,

prior to July 1, 1999, certification of an

augmented doctoral-level psychological

education from the program director of a

doctoral-level psychology program accredited

by a programmatic agency recognized and

approved by the United States Department of

Education; or

4. Received and submitted to the board,

prior to August 31, 2001, certification of a

doctoral-level program that at the time the

applicant was enrolled and graduated

maintained a standard of education and

training comparable to the standard of

training of programs accredited by a

programmatic agency recognized and approved

by the United States Department of Education.

Such certification of comparability shall be

provided by the program director of a

doctoral-level psychology program accredited

by a programmatic agency recognized and

approved by the United States Department of

Education.

(c) Had at least 2 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 the 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.

(d) Passed the examination. However, an

applicant who has obtained a passing score,

as established by the board by rule, on the

psychology licensure examination designated

by the board as the national licensure

examination need only pass the Florida law

and rules portion of the examination.

(emphasis supplied)

61. Section 490.003(3)(a), Florida Statutes, defines a

"doctoral-level psychological education" as follows:

Prior to July 1, 1999, "doctoral-level

psychological education" and "doctoral degree

in psychology" mean a Psy.D., an Ed.D. in

psychology, or a Ph.D. in psychology from:

1. An educational institution which, at the

time the applicant was enrolled and

graduated, had institutional accreditation

from an agency recognized and approved by the

United States Department of Education or was

recognized as a member in good standing with

the Association of Universities and Colleges

of Canada; and

2. A psychology program within that

educational institution which, at the time

the applicant was enrolled and graduated, had

programmatic accreditation from an

accrediting agency recognized and approved by

the United States Department of Education or

was comparable to such programs.

(b) Effective July 1, 1999, "doctoral-level

psychological education" and "doctoral degree

in psychology" mean a Psy.D., an Ed.D. in

psychology, or a Ph.D. in psychology from:

1. An educational institution which, at the

time the applicant was enrolled and

graduated, had institutional accreditation

from an agency recognized and approved by the

United States Department of Education or was

recognized as a member in good standing with

the Association of Universities and Colleges

of Canada; and

2. A psychology program within that

educational institution which, at the time

the applicant was enrolled and graduated, had

programmatic accreditation from an agency

recognized and approved by the United States

Department of Education. (emphasis supplied)

62. Rule 64B19-11.0035(6), Florida Administrative Code,

sets forth the extensive elements considered in determining

whether a non-accredited doctoral program in psychology is

comparable to an accredited program. Based on Dr. Russell

Bauer's review of the Petitioner's application for licensure and

supporting materials, and to the requirements set forth in the

rule, Dr. Bauer opined that the University of Toledo program is

not comparable to an APA-accredited program.

63. Dr. Bauer's testimony on this issue was persuasive and

is credited.

64. Rule 64B19-11.005, Florida Administrative Code, sets

forth the requirements for supervised experience established for

candidates seeking licensure. Generally, the rule requires that

an applicant complete 4,000 hours of supervised experience,

including 2,000 hours in an internship and 2,000 hours in a post-

doctoral residency.

65. The evidence fails to establish that the Petitioner

completed a 2,000-hour supervised internship.

66. The evidence fails to establish that the Petitioner

completed a 2,000-hour supervised post-doctoral residency.

67. The Petitioner asserts that her doctoral program in

school psychology should qualify her for licensure as a

psychologist. The evidence fails to support the Petitioner's

assertion.

68. Although there is some evidence that on occasion, the

Board has permitted a school psychologist to become licensed as a

psychologist, such cases appear to be the exception to the rule.

69. Florida law distinguishes the practice of psychology

from the practice of school psychology. Each type of practice is

defined separately. The "practice of psychology" is defined at

Section 490.003(4), Florida Statutes. The "practice of school

psychology" is defined at Section 490.003(5), Florida Statutes.

School psychologists in Florida are licensed under the provisions

of Section 490.005(2), Florida Statutes, which provides as

follows:

(2) Any person desiring to be licensed as a

school psychologist shall apply to the

department to take the licensure examination.

The department shall license each applicant

who the department certifies has:

(a) Satisfactorily completed the application

form and submitted a nonrefundable

application fee not to exceed $250 and an

examination fee sufficient to cover the per

applicant cost to the department for

development, purchase, and administration of

the examination, but not to exceed $250 as

set by department rule.

(b) Submitted satisfactory proof to the

department that the applicant:

1. Has received a doctorate, specialist, or

equivalent degree from a program primarily

psychological in nature and has completed 60

semester hours or 90 quarter hours of

graduate study, in areas related to school

psychology as defined by rule of the

department, from a college or university

which at the time the applicant was enrolled

and graduated was accredited by an

accrediting agency recognized and approved by

the Commission on Recognition of

Postsecondary Accreditation or an institution

which is publicly recognized as a member in

good standing with the Association of

Universities and Colleges of Canada.

2. Has had a minimum of 3 years of

experience in school psychology, 2 years of

which must be supervised by an individual who

is a licensed school psychologist or who has

otherwise qualified as a school psychologist

supervisor, by education and experience, as

set forth by rule of the department. A

doctoral internship may be applied toward the

supervision requirement.

3. Has passed an examination provided by the

department. (emphasis supplied)

70. Although the Petitioner elicited testimony from

witnesses generally discussing the nature of psychology, and

although there are clearly overlapping types of practice, these

issues are immaterial to this proceeding. Currently, Florida law

clearly distinguishes the practice of "psychology" from the

practice of "school psychology" and provides distinct

requirements for licensure of each profession. The evidence in

this case fails to establish that the Petitioner is entitled to

licensure as a psychologist.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is recommended that the Board of Psychology enter a final

order denying the Petitioner's application for licensure by

examination as a psychologist in Florida.

DONE AND ENTERED this 16th day of February, 2000, in

Tallahassee, Leon County, Florida.

___________ ________________________

WILLIAM F. QUATTLEBAUM

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 16th day of February, 2000.

COPIES FURNISHED:

Betsy S. Singer, Esquire

Paul & Singer, P.A.

First Union Center

100 South Ashley Drive, Suite 1720

Tampa, Florida 33602

Donna Erlich, Esquire

Office of the Attorney General

Administrative Law Section

The Capitol, Plaza Level 01

Tallahassee, Florida 32399-1050

Angela T. Hall, Agency Clerk

Department of Health

Bin A02

2020 Capital Circle, Southeast

Tallahassee, Florida 32399-1701

Pete Peterson, General Counsel

Department of Health

Bin A02

2020 Capital Circle, Southeast

Tallahassee, Florida 32399-1701

Dr. Kaye Howerton, Executive Director

Board of Psychology

Department of Health

Northwood Centre

1940 North Monroe Street

Tallahassee, Florida 32399-0750

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 must be filed with the agency that will

issue the final order in this case.