CopyCited 55 times | Published | Court of Appeals for the Eleventh Circuit | 21 Fed. R. Serv. 3d 1021, 1992 U.S. App. LEXIS 14, 1992 WL 8
...fees, hold a doctoral degree in psychology from an approved program, pass the examination, and have two years or 4,000 hours of experience in the field of psychology in association with or under the supervision of a licensed psychologist. Fla.Stat. § 490.005....
...An approved doctoral program is one accredited by the American Psychological Association ("APA"), or comparable to such an accredited program. The latter comparable programs must at least be accredited by a regional accrediting body recognized by the Council on Postsecondary Accreditation. Fla.Stat. § 490.005(1)(b) 1., 2. The Act also provides for licensing of persons holding degrees from foreign institutions. Fla.Stat. § 490.005(1)(b) 2., 3....
...ses may not. Yet, unlike several cases which have allowed facial challenges, ours is not a case in which "the determination of who may speak and who may not is left to the unbridled discretion of a government official." Id. Florida Statutes sections
490.005 and
490.006 spell out the requirements for licensure, vesting little or no discretion in the Board of Psychological Examiners to deny licenses to those who meet the requirements....
CopyCited 40 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 435, 1988 Fla. LEXIS 831, 1988 WL 97201
...While architecture is a profession under our definition, the statute of limitations for the design and construction of improvements to real property is four years, §
95.11(3)(c), Fla. Stat. (1987); (5) physical therapy, §
486.031(3)(a), Fla. Stat. (1987); (6) psychology, §
490.005(1)(b), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 7735, 2010 WL 2178581
...at 976 (citing §
95.11(4)(a), Fla. Stat. (1997)). With certain limited exceptions, an individual desiring to become a licensed psychologist in Florida is required to submit satisfactory proof of receipt of a doctoral-level psychological education. §
490.005(1)(b), Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 1994 WL 92086
...ogists. [3] Abramson v. Gonzalez,
949 F.2d 1567 (11th Cir.1992). [4] Abramson and Seidman have not questioned the standing of respondents before this Court. [5] This decision is applicable only to those who entered into the settlement agreement. [6] Section
490.005, Florida Statutes (1989), provides in 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....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 120481
...conclusion and found that the doctoral psychology program of then unaccredited Union Graduate School in Ohio under which appellants each obtained a Ph.D. in psychology was not "comparable to" the programs of Florida's state universities pursuant to § 490.005(1), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 713
...acy, or preaccreditation, status. The Union subsequently received formal accreditation on February 25, 1985. In July, 1984, Dr. Moorehead applied to the Board of Psychological Examiners for certification to take the licensure examination pursuant to section 490.005(1), Florida Statutes (1983). [1] The Board adopted rule 21U-11.06 to implement section 490.005, and essentially codified the criteria for American Psychological Association approved programs....
...program acceptable under the rule, and additionally concluded that she did not graduate from a doctoral psychology program of any of Florida's state universities. The hearing officer bottomed that latter conclusion based on the Board's interpreting section 490.005(1)(b), Florida Statutes, to require that applicants who have not graduated from an APA approved program must have received a doctoral degree from an APA comparable program or from a doctoral psychology program of the state universities of Florida....
...The Board's order adopted the hearing officer's findings of fact and conclusions of law and denied certification to sit for the licensure examination. In the rule challenge, the hearing officer concluded that rule 21U-11.06(1)(b)1 and 5, was the result of a permissible interpretation of the requirement of section 490.005(1)(b) that a candidate for licensure must have "received a doctoral degree in psychology from a university or professional school maintaining a standard of training comparable to the standards of training of those universities having...
...alid exercise of delegated legislative authority, even though it is an apparent verbatim adoption of the American Psychological Association's approval criteria. Instead, the rule is valid as being "within the range" of permissible interpretations of section 490.005, Department of Professional Regulation, Board of Medical Examiners v....
...but to deny her application for certification to take the doctoral examination, whether or not the program was an organized, integrated sequence of study. However, we perceive that Dr. Moorehead has an alternative route available to her provided by section 490.005(1)(b)....
...ated earlier in this opinion. Although the hearing officer and the Board read that section to mean that the candidate must have received a doctoral degree from a doctoral psychology program of a Florida state university, the proper interpretation of section 490.005(1)(b) is that the Department of Professional Regulation shall license each applicant who the Board certifies has (1) received a doctoral degree with a major in psychology from a university or professional school that has a program app...
...of (i) those universities having programs approved by the American Psychological Association or (ii) the doctoral psychology programs of the state universities. Since the Board and the hearing officer were acting under an erroneous interpretation of section 490.005(1)(b), we must reverse and remand the appeal in Case No....
...Moorehead graduated from a school maintaining a standard of training comparable to the doctoral psychology programs of Florida's state universities. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. WENTWORTH and NIMMONS, JJ., concur. NOTES [1] Section 490.005 provides in relevant part: (1) Any person desiring to be licensed as a psychologist shall apply to the department to take the licensure examination....
...s approved by the American Psychological Association or the doctoral psychology programs of the state universities. [2] The pertinent part of the rule is quoted below: (1) In order to be certified by the Board as eligible for examination pursuant to Section 490.005(1), Florida Statutes, an applicant must: * * * * * * (b) Submit proof of the completion of a doctoral degree with a major in psychology from a university or professional school that has a program approved by the American Psychological...
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 713, 1987 Fla. App. LEXIS 12005
...acy, or preaccreditation, status. The Union subsequently received formal accreditation on February 25, 1985. In July, 1984, Dr. Moorehead applied to the Board of Psychological Examiners for certification to take the licensure examination pursuant to section 490.005(1), Florida Statutes (1983). 1 The Board adopted rule 21U-11.06 to implement section 490.005, and essentially codified the criteria for American Psychological Association approved programs....
...gram acceptable under the rule, and additionally concluded that she did not graduate from a doctoral psychology program of any of Florida’s state universities. The hearing officer bottomed that latter conclusion based on the Board’s interpreting section 490.005(1)(b), Florida Statutes, to require that applicants who have not graduated from an APA approved program must have received a doctoral degree from an APA comparable program or from a doctoral psychology program of the state universities of Florida....
...xercise of delegated legislative authority, even though it is an apparent verbatim adoption of the American Psychological Association’s approval criteria. Instead, the rule is valid as being “within the range” of permissible interpretations of section 490.005, Department of Professional Regulation, Board of Medical Examiners v....
...ated earlier in this opinion. Although the hearing officer and the Board read that section to mean that the candidate must have received a doctoral degree from a doctoral psychology program of a Florida state university, the proper interpretation of section 490.005(1)(b) is that the Department of Professional Regulation shall license each applicant who the Board certifies has (1) received a doctoral degree with a major in psychology from a university or professional school that has a program app...
...of (i) those universities having programs approved by the American Psychological Association or (ii) the doctoral psychology programs of the state universities. Since the Board and the hearing officer were acting under an erroneous interpretation of section 490.005(1)(b), we must reverse and remand the appeal in Case No....
...Moorehead graduated from a school maintaining a standard of training comparable to the doctoral psychology programs of Florida’s state universities. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. WENTWORTH and NIMMONS, JJ., concur. . Section 490.005 provides in relevant part: (1) Any person desiring to be licensed as a psychologist shall apply to the department to take the licensure examination....
...ams approved by the American Psychological Association or the doctoral psychology programs of the state universities. . The pertinent part of the rule is quoted below: (1) In order to be certified by the Board as eligible for examination pursuant to Section 490.005(1), Florida Statutes, an applicant must: ***** * (b) Submit proof of the completion of a doctoral degree with a major in psychology from a university or professional school that has a program approved by the American Psychological Ass...
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 211, 1985 Fla. App. LEXIS 11919
United States Department of Education (DOE). § 490.-005(2)(c)(2), Fla.Stat. (1981). In 1982, the legislature
CopyPublished | Florida 1st District Court of Appeal | 1992 WL 160193
...tlement terms. Seidman obtained her Ph.D. in psychology from Heed University in 1978. The Board apparently had turned down her application to take the licensure examination in 1982 on the grounds that she did not meet the educational requirements of section 490.005(1)(b), Florida Statutes (1981)....
...ia or criteria existing as of the settlement date. [4] The first question presented is whether the trial court properly determined that DPR and the Board did not have the authority to enter into an agreement contrary to the statutory requirements of section 490.005, Florida Statutes (1989)....
...It is axiomatic, therefore, that an agency generally may not act in a manner which exceeds the authority granted to it through statutes. From our review of the record, it is clear that the appellants here did not meet the educational requirements plainly set forth below in section 490.005(1)(b)1., 2., Florida Statutes (1989)....
...A party generally may not seek to enforce an illegal contract. See P.C.B. Partnership v. City of Largo,
549 So.2d 738 (Fla. 2d DCA 1989). We find that in the circumstances of this case, where it is apparent that the plain educational requirements of section
490.005, Florida Statutes (1989) were waived in the settlement offer, equity should not apply....
CopyPublished | Florida 1st District Court of Appeal | 1997 WL 783111
...ge (ALJ) and denying appellant's application for licensure as a psychologist. We affirm the order, with modifications. The issue presented below was whether appellant received a "doctoral-level psychological education" within the meaning of sections
490.005(b)(1) and
490.003(7), Florida Statutes (1995)....
...clusions was based. The issues on appeal are therefore best addressed by determining whether, in the context of the factual findings of the ALJ which were supported by competent substantial evidence, the Board properly construed and applied sections
490.005(b)(1) and
490.003(7), and the rules implementing them....
...ch were earned through independent study, seminars, colloquiums, peer and group meetings, and special speaker programs. The Union Institute's doctoral program in psychology has never been accredited by the APA. STATUTES AND RULES The 1995 version of section 490.005(1)(b) requires proof that the applicant "[r]eceived doctoral-level psychological education, as defined in s....
...aduated, had programmatic accreditation from an accrediting agency recognized and approved by the United States Department of Education or was comparable to such programs. §
490.003(7)(a), Florida Statutes (1997) (emphasis supplied). Alternatively, section
490.005(1)(b)3....
...rogram approved by the APA." Based upon these findings, the ALJ concluded that appellant "augmented his education with the type internship that would have been included in an APA comparable doctoral program." He ruled that the Board is authorized by section 490.005(1)(b)3....
...ded that appellant's "doctorate in a psychology program, as augmented by the post-doctorate internship, was comparable to an APA approved doctorate program." The Board granted the exception to these findings, concluding that the ALJ had misconstrued section 490.005(1)(b)3.: The statute does not authorize the Board to "accept evidence that a candidate has augmented his or her education" in an ad hoc fashion. Instead, that section equates certification of augmented doctoral level education from the program director of an accredited program with the "doctoral-level psychological education" referenced in Sections 490.005(1)(b)1. and 2., Florida Statutes. Furthermore, there is no finding of fact or conclusion of law to support the notion that the Administrative Law Judge treated the testimony of an expert witness as a certification pursuant to Section 490.005(1)(b)3., Florida Statutes. (Emphasis in the original.) The Board properly rejected the ALJ's construction of section 490.005(1)(b)3. However, to the extent the final order can be read to indicate that the ALJ could have treated Dr. Singer's expert witness testimony as the "certification" required by section 490.005(1)(b)3., it is in error....
