98-000821 Shirley Czukerberg vs. Department Of Health, Board Of Psychology Status: Closed Recommended Order on Monday, November 23, 1998.

Summary: Applicant`s education in Costa Rica was equivalent for a master`s degree in United States of America.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHIRLEY CZUKERBERG, )

)

Petitioner, )

)

vs. ) Case No. 98-0821

)

DEPARTMENT OF HEALTH, )

BOARD OF PSYCHOLOGY, )

)

Respondent. )

__________________________________)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case

on September 9, 1998, at Boca Raton, Florida, before Susan B.

Kirkland, a duly designated Administrative Law Judge of the

Division of Administrative Hearings.

APPEARANCES

For Petitioner: Shirley Czukerberg, pro se

5809 Northwest 21st Way

Boca Raton, Florida 33496

For Respondent: Donna Erlich, Assistant General Counsel

Office of the Attorney General

Administrative Law Section

The Capitol, Plaza 01

Tallahassee, Florida 32399-1050

STATEMENT OF THE ISSUE

Whether Petitioner qualifies for licensure by examination as

a psychologist.

PRELIMINARY STATEMENT

On June 21, 1995, Respondent, Department of Health, Board of

Psychology (Department), received an application for licensure as

a psychologist in Florida from Petitioner, Shirley Czukerberg

( Czukerberg). On July 19, 1995, Czukerberg was notified that her

application was incomplete. On June 19, 1997, the Department

issued a Notice of Intention to Deny Application for Licensure by

Examination, stating that Czukerberg had failed to demonstrate

that she possesses a doctoral degree in psychology. Czukerberg

requested an administrative hearing, and the case was forwarded

to the Division of Administrative Hearings for assignment to an

administrative law judge on February 13, 1998.

At the final hearing Petitioner testified in her own behalf

and called Donald K. Routh and Paul Greenwald as her witnesses.

Petitioner's Exhibits 1-16 were submitted in evidence.

Respondent presented the testimony of Josef Silny and Ivy

Shivers. Respondent's Exhibits 1-6 were submitted in evidence.

The parties stipulated to the facts contained in Section 9,

paragraphs A-I of the Amended Prehearing Stipulation.

The transcript of the proceedings was filed on October 6,

1998.

FINDINGS OF FACT

1. From 1968 to 1972, Petitioner, Shirley Czukerberg

( Czukerberg), attended Anahuac University in Mexico City, where

she studied for the degree of Licentiate in Psychology. She left

Anahuac University before receiving the degree.

2. In 1973, Czukerberg received a Bachelor's of Arts degree

in psychology from New York University in New York.

3. In 1975, Czukerberg received a Master of Arts degree in

psychology from New York University.

4. In 1977, Czukerberg obtained the title of Clinical

Psychology Specialist by completing a two-year, post-graduate

program through the University of Costa Rica. In the post-

graduate program in clinical psychology, students complete

40 credits of academic coursework and 20 credits of practice and

training at a hospital.

5. In 1978, Czukerberg obtained the title of Clinical

Psychologist from the School of Physicians and Surgeons of Costa

Rica.

6. In 1991, Czukerberg published a book in Mexico City

entitled Polvo de Anos ( Dust of Years ) about the coming of age in

women.

7. Czukerberg is highly regarded by the psychiatrist at her

exempt-setting employment and by others familiar with her work.

8. On June 21, 1995, Czukerberg submitted an application to

the Respondent, Department of Health (Agency), formerly Agency

for Health Care Administration, for psychologist licensure. By

letter dated July 19, 1995, the Agency advised Czukerberg that

her application had been received and that she needed to submit

the following documentation:

Transcripts for all graduate level coursework

you completedanscripts must be sent

directly to our office from the

university(ies). We have received

transcripts from:

Education Coursework Sheet must be completed.

ADDTIONALLY YOU MUST ATTACH A PHOTOCOPY OF

THE COURSE DESCRIPTION FOR EACH COURSE.

COURSE DESCRIPTIONS MUST BE PHOTOCOPIES FROM

YOUR SCHOOL CATALOG.

Program analysis form, completed and signed

by the Chairman of the department in which

your doctoral program was housed, even if

your program was approved by the American

Psychological Association. (from school)

9. On August 31, 1995, staff of the Agency told Czukerberg

that her file was still incomplete and that the only transcript

that had been received was from New York University. Czukerberg

was also advised that because she was a foreign student that she

would need to have her educational credentials evaluated by a

credentialing agency.

10. On October 9, 1995, the Agency again sent Czukerberg a

notice that her application was incomplete and that the

documentation requested must be received by the Agency by

December 18, 1995, for the April 17, 1996, examination. In

addition to the information which had been previously requested

the notice also stated:

All foreign education must be accompanied by

a certified English translation. In

addition, please have a degree equivalency

determination completed and submitted to this

office by one of the certified credentialing

agencies listed in the application previously

sent to you.

11. As of November 2, 1995, the Agency had not received the

additional documentation. Czukerberg was again told that she

needed to submit the documentation and that she needed to have

her educational credentials evaluated.

12. By letter dated January 23, 1996, the Agency sent

Czukerberg a new application package to comply with the new

application procedures, which required that verification of her

educational credentials be made by the director of an APA

accredited psychology program. The letter stated:

What you must submit at this point to

complete your file is your doctoral level

transcripts, verification of your supervised

experience as outlined in the application

materials, and verification of whether or not

your educational credentials were comparable

to an APA approved program at the time of

your graduation. I referred you to either

Dr. Evelyn Diaz of the Miami Institute of

Psychology or Dr. Frank DiPiano of Nova

University for the review of your educational

credentials as is now allowed by rule of the

board. You are not restricted to either of

the above for this review; you may have your

educational credentials reviewed by the

director of any doctoral psychology program

accredited by the APA. Further information

about this is included in application

materials that are forthcoming. There is

also the Domestic Violence form that must be

submitted; instructions regarding that are on

the form.

13. Czukerberg retained Josef Silny & Associates, Inc.

(Silny), to do an evaluation of her educational credentials. By

letter dated September 6, 1996, Silny opined that "Ms. Czukerberg

has the equivalent of four years of undergraduate study in

Psychology at a regionally accredited U.S. institution of higher

education."

14. In a letter to the Agency dated September 9, 1996,

Dr. Donald K. Routh, Director of Clinical Training for the

Department of Psychology at the University of Miami, gave the

following opinion on Czukerberg's educational credentials:

In my opinion, Ms. Czukerberg has

completed a course of training in clinical

psychology equivalent to that offered by the

University of Miami's APA-approved Ph.D.

program in clinical psychology. The

equivalence of her training to ours in terms

of coursework, master's thesis, practicum and

internship was obvious. The only question in

my mind was whether she could be regarded as

having completed the equivalent of a doctoral

dissertation. I do believe that the book,

Polvo de Anos , (the English translation of

the title would be: "Dust of Years")

published in 1991 by Editorial Diani, in

Mexico City, is comparable in scope and

contribution.

15. In forming his opinion, Dr. Routh had not evaluated the

level of difficulty of the courses taken by Petitioner, had not

reviewed a syllabus from the University of Costa Rica, and had

not read the book Czukerberg had written years after she had

graduated from the University of Costa Rica. At the final

hearing, Dr. Routh admitted that his opinion was equivocal.

16. In 1997, while Czukerberg's incomplete application was

still pending, the rules for establishing the equivalency of a

degree from a foreign university were again amended. Czukerberg

was advised that in addition to the other requirements outlined

in the January 23, 1996, letter, the rule required an evaluation

of educational credentials by a credential's evaluation service

acceptable to the Agency.

17. On March 21, 1997, the Agency received a letter from

Czukerberg, along with several items including a portion of

Silny's evaluation. Czukerberg expressed her hope that the

Agency would soon review her application.

18. As of May 2, 1997, Czukerberg's application was still

incomplete. The Agency had not received the official transcript

from the University of Costa Rica nor had it received

verification of her supervision. The incomplete application was

forwarded to the Agency's credentials committee, who tabled the

matter for consideration by the full Board of Psychology.

19. On June 6, 1997, the Agency voted to deny Czukerberg's

application for licensure by examination.

20. In a letter to Josef Silny & Associates, Inc., dated

July 7, 1998, the Director of the Graduate Program in Clinical

Psychology at the University of Costa Rica opined on the degrees

that are awarded by the University of Costa Rica in Psychology

and stated:

In reply to your fax of 07-06-98, I proceed

to answer the questions you ask me:

1) The University of Costa Rica does

not offer a Doctor Degree in the field of

Psychology. There are Licentiate and Master

Degree Programs in different areas of

Psychology and Graduate Studies in Clinical

Psychology.

The University of Costa Rica offers Doctor in

Philosophy Degrees in other sciences and two

types of Masters Degrees: Academic and

Professional. The first one emphasizes

research in a specific area. The second

emphasizes practical training in skills and

abilities on a specific area.

At the present time the Graduate degree in

Clinical Psychology is equivalent to a

Professional Master Degree, which is the

highest degree a student can obtain in the

field of Psychology. We are not aware if in

other countries, due to the number of hours

of practice and academic courses required,

and the time dedicated to training, as I

mentioned in my previous fax, said degree

could be the equivalent to a Doctor of

Clinical Psychology Degree.

Furthermore, I would like to clarify that, in

order to be accepted in the Graduate Program

in Clinical Psychology, the Psychologist must

have a Licentiate Degree in Psychology and be

a member of the Association of Psychologists.

Bachelor Degrees in Psychology are not

accepted.

2) In reply to Point 2, I insist on the

following: Graduate studies in Clinical

Psychology are the highest level studies that

can be done in Costa Rica. There are no

Doctor Degree Programs in any area of

Psychology.

21. After reviewing the correspondence from the University

of Costa Rica, Silny re-evaluated Czukerberg's educational

credentials and issued another report dated August 10, 1998, in

which Silny gave the following opinion:

In summary, it is the judgment of Josef Silny

& Associates, Inc., International Educational

Consultants, that Ms. Czukerberg [sic]

education in Mexico and Costa Rica is the

equivalent of four years of undergraduate

study in Psychology, and completion of the

U.S. degree of Master of Science in Clinical

Psychology earned at a regionally accredited

institution of higher education in the United

States.

22. The Agency accepts educational evaluations performed by

Silny.

23. The degrees which Czukerberg received from the

University of Costa Rica are not equivalent to a Pys.D., an Ed.D.

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

CONCLUSIONS OF LAW

24. The Division of Administrative Hearings has

jurisdiction over the parties to and the subject matter of this

proceeding. Section 120.57(1), Florida Statutes.

25. Section 490.005, Florida Statutes, sets forth the

criteria which must be met by an applicant for licensure as a

psychologist. The applicant has the burden to establish that he

has received a doctoral-level psychological education as defined

in Section 490.003(3), Florida Statutes, or the equivalent if the

applicant attended school in a foreign country other than Canada.

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

"doctoral-level education" as follows:

(3)(a) Prior to July 1, 1999,

'doctoral-level psychological education' and

'doctoral degree in psychology' mean a

Psy.D., 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 of

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.

27. Rule 64B19-11.0035(4), Florida Administrative Code,

sets forth the proof necessary to establish eligibility for

examination and provides:

(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

American Psychological Association. 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

credential's evaluation service acceptable to

the Board.

28. Czukerberg has not established that the titles of

Clinical Psychology Specialist and Clinical Psychologist are

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

psychology. Dr. Routh's opinion was equivocal and was made

without reviewing Czukerberg's book or the syllabus from the

University of Costa Rica. The opinion of Silny was that

Czukerberg's education is equivalent to a Master's Degree in the

United States.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that a Final Order be entered denying

Shirley Czukerberg's application for licensure by examination for

a psychologist.

DONE AND ENTERED this 23rd day of November, 1998, in

Tallahassee, Leon County, Florida.

___________________________________

SUSAN B. KIRKLAND

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 23rd day of November, 1998.

COPIES FURNISHED:

Dr. Kaye Howerton, Executive Director

Board of Psychology

Department of Health

1940 North Monroe Street

Tallahassee, Florida 32399-0788

Angela T. Hall, Agency Clerk

Department of Health

Bin A02

2020 Capital Circle, Southeast

Tallahassee, Florida 32399-1703

Donna Erlich, Esquire

Office of the Attorney General

Administrative Law Section

The Capitol, Plaza 01

Tallahassee, Florida 32399-1050

Shirley Czukerberg, pro se

5809 Northwest 21st Way

Boca Raton, Florida 33496

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.