99-004489 Magalis Aguilera vs. Department Of Health, Board Of Psychology Status: Closed Recommended Order on Friday, June 16, 2000.

Summary: Graduate from a non-accredited psychology doctorate program is not eligible for a provisional license, but is eligible for licensure by examination if the program was comparable to accredited programs.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MAGALIS AGUILERA, )

)

Petitioner, )

)

vs. ) Case No. 99-4489

)

DEPARTMENT OF HEALTH, BOARD )

OF PSYCHOLOGY, )

)

Respondent. )

__________________________________)

RECOMMENDED ORDER

Pursuant to stipulation of the parties, this matter was

submitted to Administrative Law Judge Michael M. Parrish of the

Division of Administrative Hearings for preparation of a

Recommended Order on the basis of a stipulated record, without

an evidentiary hearing.

APPEARANCES

For Petitioner: Howard J. Hockman, Esquire

Offices at Pinecrest, Suite 210

7695 Southwest 104th Street

Miami, Florida 33156

For Respondent: Donna Erlich, Esquire

Office of the Attorney General

Administrative Law Section

The Capitol, Plaza Level 01

Tallahassee, Florida 32399-1050

STATEMENT OF THE ISSUES

The issues in this case are whether the Petitioner's

application for a provisional license as a psychologist and/or

the Petitioner's application for licensure as a psychologist by

examination should be granted or denied.

PRELIMINARY STATEMENT

The history of this case began when the Petitioner, Dr.

Magalis Aguilera, filed applications for provisional licensure

and for licensure by examination with the Board of Psychology on

February 23, 1998, and March 19, 1998, respectively. On

August 7, 1998, and August 12, 1998, respectively, the Board of

Psychology issued and served notices of intention to deny the

Petitioner's applications for provisional licensure and

licensure by examination.

On December 4, 1998, pursuant to the Petitioner's request,

a hearing not involving issues of disputed material fact was

held before the Board of Psychology. At the conclusion of the

December 4 hearing, the Board of Psychology entered a Final

Order denying both of the Petitioner's applications for

licensure. The Petitioner appealed the Final Order. Her

arguments on appeal included the assertion that she had been

improperly denied an evidentiary hearing before the Division of

Administrative Hearings. In an opinion issued on October 13,

1999, 1/ the Third District Court of Appeal wrote:

Magalis Aguilera, a graduate of a

psychology doctoral program at a non-

accredited school, appeals a final order

denying her application to the Department of

Health, Board of Psychology ("the board")

for licensure by examination and provisional

licensure pursuant to §§ 490.005, .0051,

Florida Statutes (1997). At the outset of

the non-evidentiary administrative hearing,

the board specifically advised Aguilera, who

appeared before the board pro se, that if

any material issues of fact arose during the

course of the proceedings, the hearing would

have to be terminated and referred to a

hearing officer at the Department [sic] of

Administrative Hearings ("DOAH"). The issue

at the hearing below was whether the

doctoral degree received by Aguilera was

comparable to a doctoral degree from an

accredited school program. Because we

conclude that this issue was a mixed

question of fact and law, we hold that the

board erred in not submitting this matter to

a hearing officer at DOAH, as it had

indicated that it would.

We, therefore, reverse the final order

under review and remand with instructions

that this matter be submitted to a hearing

officer at DOAH.

Consistent with the foregoing opinion, on October 25, 1999,

this matter was referred to the Division of Administrative

Hearings. By means of a Notice of Hearing issued on November 9,

1999, the case was scheduled for final hearing on February 8,

2000.

Shortly before the scheduled hearing date, the parties both

waived their right to an evidentiary hearing and agreed that

this case would be submitted to the administrative law judge for

preparation of a Recommended Order on the basis of a stipulated

record. 2/ A deadline was established for the filing of

proposed recommended orders, and on February 16, 2000, both

parties timely filed proposed recommended orders containing

proposed findings of fact and conclusions of law. 3/ The

parties' proposals have been carefully considered during the

preparation of this Recommended Order.

FINDINGS OF FACT

1. In 1987, the Petitioner earned a doctorate degree in

Psychology, the Psy.D. degree, from the Caribbean Center for

Advanced Studies in San Juan, Puerto Rico. The psychology

program at the Caribbean Center for Advanced Studies was not

accredited by the American Psychological Association (APA)

during the time the Petitioner participated in that program. 4/

2. At all times material to this case, the APA has been

the only credentialing agency for psychology programs recognized

by the United States Department of Education.

3. The Petitioner filed applications for provisional

licensure and for licensure by examination with the Board of

Psychology on February 23, 1998, and on March 19, 1998,

respectively. On August 7, 1998, and on August 12, 1998,

respectively, the Board of Psychology issued and served notices

of intention to deny the Petitioner's applications for

provisional licensure and for licensure by examination.

4. The Board notice issued on August 7, 1998, read as

follows, in pertinent part:

Notice is hereby provided that the Board

of Psychology (Board) intends to DENY the

application for provisional licensure.

The Board reviewed and considered the

application for licensure at the regularly

scheduled Board meeting held on June 28,

1998, in Key West, Florida, and has

determined that it be DENIED. As grounds

therefore, the Board states that the

applicant failed to demonstrate that her

degree was augmented in or obtained from a

program comparable to a program accredited

by the American Psychological Association

(APA).

Rule 64B19-11.0035 of the Florida

Administrative Code requires an original,

signed letter, on official letterhead sent

directly to the Board from the director of

an APA accredited doctoral psychology

program that confirms the comparability of

the applicant's program to an APA accredited

program. The letter must enumerate the

exact documents that were reviewed in

determining comparability. While the letter

submitted on behalf of the applicant

indicates that academic records were

reviewed, the exact documents are not

disclosed. Additionally, according to the

application transcripts, the applicant had

insufficient coursework in the field of

Psychology to have earned a degree

comparable to a degree from an APA

accredited program. The institution she

attended awarded the applicant a minimum of

18 transfer credits for courses taken in the

filed of Social Work.

WHEREFORE, the Board voted to deny the

application.

5. The Board notice issued on August 12, 1998, advised the

Petitioner of the Board's intention to deny her application for

licensure by examination for reasons identical to those quoted

above.

6. The Petitioner requested, and was granted, an informal

hearing before the Board of Psychology on both of her

applications. Following an informal hearing (which the

Petitioner attended without benefit of legal counsel), the Board

of Psychology issued a Final Order denying both of the

Petitioner's applications. That Final Order (which has since

been reversed) 5/ read as follows, in pertinent part:

THIS MATTER came before the Board of

Psychology (Board) for final action pursuant

to section 120.569, and subsection

120.57(2), Florida Statutes, at a duly-

noticed public meeting of the Board on

December 4, 1998, in Orlando, Florida, for

the purpose of a hearing not involving

disputed issues of material fact based on

the Board's Notice of Intention to Deny

Application for Licensure by Examination and

Notice of Intention to Deny Application for

Provisional Licensure, copies of which are

attached to and made a part of this Final

Order, as Exhibits A and B. Applicant

Magalis Aguilera participated in the hearing

before the Board.

After a complete review of this matter,

including the evidence presented by

Applicant, the Board made the following

findings of fact and conclusions of law:

FINDINGS OF FACT

1. Applicant, Magalis Aguilera obtained

an advanced degree in psychology in 1987

from the Caribbean Center for Advanced

Studies. The program she attended was not

accredited by the American Psychological

Association (APA).

2. Pursuant to section 490.004, Florida

Statutes, Dr. Aguilera applied for a

provisional license and for licensure by

examination by contending that the

educational program that she attended was

comparable to an APA-approved program.

3. Applicant obtained a letter dated

September 1, 1998, from the Director of the

Psy.D Program at the Caribbean Center for

Advanced Studies, which asserted that the

Applicant's program was comparable to an APA

accredited program. The letter indicated

that certain documents were reviewed to

determine comparability including the

official transcript at the Registrar's

office.

4. Applicant's transcript reveals that

the program from which she graduated awarded

Applicant a minimum of 18 transfer credits

for courses taken in the field of Social

Work.

5. The September 1, 1998, letter from the

Director of an accredited APA program is

inaccurate with regard to the Applicant

because APA-approved programs do not award a

significant amount of transfer credit for

courses taken outside of the field of

psychology.

CONCLUSIONS OF LAW

6. To be licensed as a psychologist by

examination or to obtain a provisional

license, an applicant must submit proof

satisfactory to the Board that the applicant

has graduated with a doctoral-level

psychological education from an APA-

accredited program or from a program

comparable to such a program. §§490.003 and

490.005(1)(b), Fla. Stat.

7. The transcript establishes that the

program Applicant attended was not

comparable and, therefore, Applicant did not

satisfy the criteria for licensure as a

psychologist in Florida.

WHEREFORE,

IT IS HEREBY ORDERED AND ADJUDGED that,

based on the foregoing, the applications of

Magalis Aguilera for licensure by

examination and for provisional licensure

are DENIED.

7. As mentioned in the text of the Final Order quoted

above, the Board of Psychology had before it, and considered, a

letter dated September 1, 1998, from the Director of an APA-

accredited program. That letter was not available to the Board

at the time it issued its earlier notices of intent to deny the

Petitioner's applications.

8. The psychology program from which the Petitioner

received her doctoral degree allowed her to transfer at least

18 hours of credits she had earned in a master's program in

Social Work at the University of Puerto Rico. This transfer of

credits has no bearing on the comparability of the psychology

program from which the Petitioner graduated to APA-accredited

psychology programs in existence at that time. The extent to

which a program does or does not accept transfer credits is not

listed as an accreditation criterion in the APA's Criteria for

Accreditation of Doctoral Training Programs and Internships in

Professional Psychology, nor is such a criterion described in

Rule 64B19-11.0035, Florida Administrative Code. The acceptance

of transfer credits is generally a matter of program discretion,

which can appropriately vary substantially between APA-

accredited programs. Further, the courses for which transfer

credits were granted to the Petitioner are all in a closely

related field and are comparable to courses that could be, and

often are, taught in APA-accredited programs. For example,

courses in alcoholism, dynamic social functioning, social work

with individual families and small groups, are all likely to

have comparable doctoral level psychology courses in many APA-

accredited programs. In this regard it is noted that at

subparagraph (f) on page 8 of the APA accreditation document

there is a provision reading:

Students, based on their needs and

individual interests, should have access to

appropriate instruction in related fields

such as anthropology, biology, genetics,

neuroscience, sociology, and other

behavioral and social sciences.

Such being the case, the acceptance of transfer credits from a

master's program in Social Work would appear to be consistent

with the APA's accreditation philosophy. 6/

9. Although the Psy.D. program at the Caribbean Center for

Advanced Studies in San Juan, Puerto Rico, was not accredited by

the APA at the time the Petitioner received her doctoral degree,

it was comparable to APA-accredited programs in existence at

that time. The educational and training philosophy of the

program from which the Petitioner graduated accomplished the six

professional core competencies established by the APA within the

Practitioner Model. The academic program provided and

implemented a coherent curriculum plan with a course content in

the areas of curriculum specified by APA standards. Clinical

training at the program from which the Petitioner graduated

enabled students to perform professional duties related to the

core competencies consistent with the standards for professional

psychology programs. 7/

CONCLUSIONS OF LAW

10. The Division of Administrative Hearings has

jurisdiction over the parties to and the subject matter of this

proceeding. Section 120.57(1), Florida Statutes; Aguilera v.

Board of Psychology , 743 So. 2d 1153 (Fla. 3d DCA 1999).

11. Statutory provisions regulating the procedure to be

followed in cases involving applications for licenses include

Section 120.60(3), Florida Statutes, which reads as follows:

(3) Each applicant shall be given written

notice either personally or by mail that the

agency intends to grant or deny, or has

granted or denied, the application for

license. The notice must state with

particularity the grounds or basis for the

issuance or denial of the license, except

when issuance is a ministerial act. Unless

waived, a copy of the notice shall be

delivered or mailed to each party's attorney

of record and to each person who has

requested notice of agency action. Each

notice shall inform the recipient of the

basis for the agency decision, shall inform

the recipient of any administrative hearing

pursuant to ss. 120.569 and 120.57 or

judicial review pursuant to s. 120.68 which

may be available, shall indicate the

procedure which must be followed, and shall

state the applicable time limits. The

issuing agency shall certify the date the

notice was mailed or delivered, and the

notice and the certification shall be filed

with the agency clerk.

12. With regard to provisional licensure to practice

psychology, Section 490.0051, Florida Statutes, reads as

follows:

490.0051 Provisional licensure;

requirements.

(1) The department shall issue a

provisional psychology license to each

applicant who the board certifies has:

(a) Completed the application form and

remitted a nonrefundable application fee not

to exceed $250, as set by board rule.

(b) Earned a doctoral degree in

psychology as defined in s. 490.003(3).

(c) Met any additional requirements

established by board rule.

(2) A provisional licensee must work

under the supervision of a licensed

psychologist until the provisional licensee

is in receipt of a license or a letter from

the department stating that he or she is

licensed as a psychologist.

(3) A provisional license expires 24

months after the date it is issued and may

not be renewed or reissued.

13. With regard to licensure by examination to practice

psychology, Section 490.005, Florida Statutes, provides, in

pertinent part:

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:

* * *

(b) Submitted proof satisfactory to the

board that the applicant has:

* * *

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.

14. Statutory definitions which must be considered in

order to understand and apply the statutory provisions quoted

above are found at Section 490.003, Florida Statutes, which

includes the following:

490.003 Definitions. As used in this

chapter:

(1) "Board" means the Board of

Psychology.

(2) "Department" means the Department of

Health.

(3)(a) 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.

15. Rule provisions which bear on the issues in this case

include Rule 64B19-11.003, Florida Administrative Code, which

provides:

(1) To show eligibility for examination,

an applicant must prove possession of either

a Psy.D., a Ph.D. in psychology or an Ed.D.

in psychology. No other academic degrees

will be considered, and the applicant will

be denied outright, regardless of the

program from which the applicant graduated,

if proof of such degree is lacking.

(2) An applicant who meets the

requirements of (1) must also prove that the

degree was obtained from a psychology

program which, at the time when the

applicant was enrolled in it and at the time

when the applicant graduated from it, was

either:

(a) approved and accredited by the

American Psychological Association; or

(b) comparable to a program approved and

accredited by the American Psychological

Association at the same time.

(3) Alternatively, an applicant who meets

the requirements of (1) may augment his or

her education by complying with Section

490.005(3), F.S., and, thereby, certify for

examination by submitting proof of such

augmentation.

(4) To prove comparability or

augmentation, an applicant must cause a

letter to be submitted directly to the Board

office from the director of a doctoral

program currently approved and accredited by

the American Psychological Association. The

letter must have the original signature of

the director and it must be written on the

letterhead of the doctoral program which is

approved and accredited by the American

Psychological Association. The letter must

state unequivocally that the program from

which the applicant received the Psy.D., the

Ph.D. in psychology or the Ed.D. in

psychology was comparable to a program

accredited and approved by the American

Psychological Association at the same time.

The letter shall enumerate the exact

documents that were reviewed in determining

comparability or augmentation.

Alternatively, the letter must state

unequivocally that the applicant's education

has been augmented to the standards of an

education currently received at a program

accredited and approved by the American

Psychological Association.

(5) For the purpose of this rule, an

applicant "was enrolled" if the applicant's

entry into the program took place within

seven (7) years prior to the applicant's

date of graduation.

16. The following portions of Rule 64B19-11.0035, Florida

Administrative Code, also bear on the issues in this case:

(4) The following proof is satisfactory to

the Board for the purpose of showing that

the applicant's degree obtained outside of

the United States or Canada was equivalent

to a Ph.D. in psychology, a Psy.D., or an

Ed.D. in psychology and was obtained from a

program equivalent to a program accredited

by a programmatic accrediting agency

recognized and approved by the U.S.

Department of Education: an original, signed

letter on official letterhead confirming

same and sent directly to the Board from the

director of a doctoral psychology program

accredited by the accrediting agency

recognized and approved by the United States

Department of Education. The letter shall

enumerate the exact documents that were

reviewed in determining comparability or

augmentation. The Board shall also require

the validation of degree and internship

equivalence performed by a credentials'

evaluation service acceptable to the Board.

(5) For a section 490.005(1)(b)4.

applicant only, the Board will apply the

following criteria to determine whether an

applicant's doctoral program was a program

which maintained a standard of training

comparable or substantially equivalent to

the standard of training of programs

accredited by the accrediting agency

recognized and

approved by the United States Department of

Education:

* * *

(g) The doctoral program must require a

minimum of three academic years of full-time

graduate study, defined as at least 18

credit hours per year, at least two academic

years of which must be at a single

institution, and one year of which must be

in full-time residence at the institution

from which the doctoral degree is granted. .

. .

17. With regard to the Petitioner's application for a

provisional license to practice psychology, it is first noted

that there has been a change in the applicable statutes since

the date of the Petitioner's application for a provisional

license. Prior to July 1, 1999, a provisional license could be

issued to a graduate with an appropriate degree from a

psychology program that was "comparable to" a psychology program

that had "programmatic accreditation from an accrediting agency

recognized and approved by the United States Department of

Education." After July 1, 1999, the issuance of provisional

licenses is authorized only to those who graduated from a

psychological program that was accredited at the time the

graduate participated in the program. Sections 490.0051(1)(b)

and 490.003(3), Florida Statutes. The psychology program from

which the Petitioner graduated was not accredited at the time

the Petitioner participated in the program. Accordingly, the

Petitioner is not eligible for a provisional license under the

current statutory provisions. The Petitioner argues that her

application for a provisional license should be decided on the

basis of the law in effect at the time of her application,

rather than on the basis of the current law. The argument fails

because it appears to be well-settled that "Florida follows the

general rule that a change in a licensure statute that occurs

during the pendency of an application for licensure is operative

as to the application, so that the law as changed, rather than

as it existed at the time the application was filed, determines

whether the license should be granted." Lavernia v. Department

of Professional Regulation, Board of Medicine , 616 So. 2d 53

(Fla. 1st DCA 1993); and Agency for Health Care Administration

v. Mount Sinai Medical Center of Greater Miami , 690 So. 2d 689

(Fla. 1st DCA 1997). Accordingly, the Petitioner's application

for a provisional license must be denied.

18. Turning now to the Petitioner's application for

licensure by examination, it is first noted that Section

490.005(1)(b)4, Florida Statutes, allows for licensure by

examination of, among others, those who graduated from an

unaccredited psychology program that was "comparable to"

accredited psychology programs at the time the applicant

participated in the unaccredited program. The Respondent's

arguments in this case seem to be predicated on an

interpretation of Section 490.005(1)(b)4, Florida Statutes, that

treats the word "comparable" as meaning "the same as." Such an

interpretation is more narrow than the plain and ordinary

meaning of the word "comparable." And it is well-settled in

this state that, in the normal course of events, the words in a

statute should be given their plain and ordinary meaning. Harper

v. State , 217 So. 2d 591 (Fla. 4th DCA 1969). As noted as long

ago as Gaulden v. Kirk , 47 So. 2d 567 (Fla. 1950), at page 574:

Courts should always give words in the

statutes and constitutional provisions the

meaning accorded them in common usage unless

a different connotation is expressed in or

necessarily implied from the context of the

statute or constitutional provision in which

they appear.

19. Courts often turn to the dictionary to ascertain the

meaning of words used in statutes. The American Heritage

Dictionary of the English Language (1973), at page 270, defines

the word "comparable" as: "1. Able to be compared; having

traits or qualities in common; similar or equivalent. 2. Worthy

of comparison." Further meaning is gleaned by consideration of

the definition at page 271 of the word "compare," which includes

the following: "To represent as similar, equal, or analogous."

From the dictionary definitions it is clear that, while things

that are "equal" are "comparable," things that fall short of

being "equal," but that are shown to be "similar," or

"equivalent," or "analogous," are also "comparable" to the thing

with which they are "similar," or "equivalent," or "analogous."

8/ Thus, the inquiry in this case is not whether the psychology

program from which the Petitioner graduated was the same as,

equal to, or identical to, accredited psychology programs at

that time. The appropriate inquiry here is whether the

psychology program from which the Petitioner graduated was

similar to, equivalent to, or analogous to, accredited

psychology programs at that time.

20. The greater weight of the evidence in this case is to

the effect that the psychology program from which the Petitioner

received her degree was at least similar to and equivalent to

APA-accredited programs at that time. Accordingly, the

Petitioner is eligible for licensure by examination and must be

allowed to take the examination.

21. The Respondent argues that the Petitioner's

application for licensure should be denied for several

additional reasons. Those additional reasons do not warrant

further discussion here, because denial of licensure on any of

the additional reasons is barred by both Section 120.60(3),

Florida Statutes, (quoted in paragraph 11, above) and by

fundamental notions of due process and fair play. The statute

requires notice to the applicant which "must state with

particularity the grounds or basis for issuance or denial of the

license." Fundamental notions of due process and fair play

preclude an agency from requiring an applicant to litigate

issues which have not previously been identified as a basis for

the agency's denial.

RECOMMENDATION

Based on all of the foregoing, it is RECOMMENDED that the

Board issue a final order in this case denying the Petitioner's

application for a provisional license, and granting the

Petitioner's application to take the licensure examination.

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

Tallahassee, Leon County, Florida.

___________________________________

MICHAEL M. PARRISH

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 June, 2000.

ENDNOTES

1/ Aguilera v. Board of Psychology , 743 So. 2d 1153 (Fla. 3d DCA

1999).

2/ The contents of the stipulated record are itemized in the

parties' Stipulated Record Document List filed on January 31,

2000.

3/ On February 16, 2000, the Petitioner also filed a separate

document titled Petitioner's Argument. That document has been

treated as part of the Petitioner's Proposed Recommended Order.

4/ The psychology program at the Caribbean Center for Advanced

Studies is presently accredited by the American Psychological

Association.

5/ The text of the appellate court opinion reversing the Board's

Final Order is included in the Preliminary Statement in this

Recommended Order.

6/ The findings of fact in this paragraph are derived in large

part from the evidence presented by Dr. Altieri, an expert

witness on behalf of the Petitioner. Dr. Bauer, an expert

witness on behalf of the Board, agrees that there is nothing in

the APA accreditation criteria that specifically addresses

transfer of credits. (Pages 66-67 of Bauer deposition.)

7/ Again, the findings of fact in this paragraph are derived in

large part from the evidence presented by Dr. Altieri, an expert

witness on behalf of the Petitioner.

8/ The Board's expert witness agrees with this interpretation of

the word "comparable." At page 21 of his testimony, he

acknowledges his "understanding that a program does not have to

be identical to an APA-accredited program, but that it must be

similar or of similar quality."

COPIES FURNISHED:

Donna Erlich, Esquire

Office of the Attorney General

Administrative Law Section

The Capitol, Plaza Level 01

Tallahassee, Florida 32399-1050

Howard J. Hockman, Esquire

Offices at Pinecrest, Suite 210

7695 Southwest 104th Street

Miami, Florida 33156

Dr. Kaye Howerton, Executive Director

Board of Psychology

Department of Health

1940 North Monroe Street

Tallahassee, Florida 32399-0750

William Large, General Counsel

Department of Health

Bin A02

20020 Capital Circle, Southeast

Tallahassee, Florida 32399-1701

Angela T. Hall, Agency Clerk

Department of Health

Bin A02

2020 Capital Circle, Southeast

Tallahassee, Florida 32399-1703

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.