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
...In addition, the statute contains a provision allowing psychologists licensed or certified in other states to obtain a Florida license, provided the educational and professional requirements in the other state met or exceeded those in Florida at the time the applicant obtained his other license. Fla.Stat. § 490.006....
...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....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 13469
...on for
Licensure by Endorsement. As the Board properly concluded that Dr. Prevor
failed to meet the educational requirements for licensure by endorsement, we
affirm.
Dr. Prevor filed an Application for Licensure by Endorsement pursuant to
section 490.006(1)(c), Florida Statues (2014), which provides as follows:
(1) The [D]epartment [of Health] shall license a person as a
psychologist ....
...“programmatic accreditation,” the Board concluded that Dr. Prevor’s degree did
not meet the educational requirements of section
490.003(3), and therefore, it
denied her application. We find no error in the Board’s interpretation of sections
490.006(1)(c) and
490.003(3)(b).
Dr....
...accredited program. In making this argument, Dr. Prevor emphasizes the fact that
the Board allowed one of her similarly-situated classmates to submit a
comparability study, and thereafter, the Board approved his application for
licensure by endorsement under section 490.006(1)(c).2
The Board acknowledges that it allowed Dr....
...at least twenty years
of experience as a licensed psychologist in Puerto Rico within the preceding
twenty-five years.
3
however, correctly submits that it mistakenly did so because there is no provision
in section
490.006(1)(c) or
490.003(3)(b) that provides that an applicant seeking
licensure by endorsement under section
490.006(1)(c) can establish the educational
requirements through a comparability study....
...However, the Board’s mistake in
granting a previous application on an invalid basis does not entitle Dr. Prevor to a
license on that same erroneous basis. In other words, the Board’s prior mistake
does not require the Board to accept comparability studies for future applications
for licensure by endorsement under section 490.006(1)(c)....
