BARBARA DEBICE, APPELLANT,
v.
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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Barbara DeBice appealed the Florida Department of Health and Rehabilitative Services' denial of her application to take a technician's license examination based on her alteration of a work authorization letter. The court reversed the agency's decision, finding that DeBice's uncontroverted alteration of the letter, made without intent to perform illegal acts and without any actual violation of her license restrictions, did not rise to the level of disciplinary action required under Florida law.
DeBice's actions did not rise to the level required for disciplinary action under section 483.21. The agency improperly denied DeBice's license examination application, and the order is reversed.
[1] Disciplinary action under section 483.21, Florida Statutes (1985), requires actions that rise to a level sufficient for such discipline.
[2] Altering a letter authorizing work as a lab technologist, without intent to perform an illegal or impermissible act and without performing any function not permissible un…
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Join FLexlaw to unlock all legal intelligence“The alteration of the letter, which was placed in a hospital file with no other apparent significance, was made without any intent to perform an illegal or impermissible act.”
Establishes that DeBice's conduct lacked the requisite intent for disciplinary action.
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Join FLexlaw to unlock all legal intelligenceDeBice altered a letter authorizing her to work as a lab technologist, which was placed in a hospital file. The alteration was made without intent to …
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COBB, Judge.
Barbara DeBice appeals from the Florida Department of Health and Rehabilitative Services (HRS) denial of her application to take a technician’s license examination.
The basis for the denial was HRS’s determination, contrary to the finding of the hearing officer, that DeBice’s uncontro-verted actions in altering a letter authorizing her to work as a lab technologist constituted a violation of section 483.21(2), Florida Statutes (1985).1 The alteration of the letter, which was placed in a hospital file with no other apparent significance, was made without any intent to perform an illegal or impermissible act. In fact, the evidence shows that Debice never performed any function not permissible under her license, which at all times was on file with HRS. We find that Debice’s actions do not rise to the level required for disciplinary action under section 483.21. The agency therefore improperly denied DeBice’s license examination application, and the order is reversed. See State v. Ramos, 232 So. 2d 381 (Fla.1970) (no conviction for “professing” or “holding out” as a member of a profession, where not done in apparent contemplation of illegal practice).
REVERSED.
ORFINGER, J., and HARRIS, C.M., Associate Judge, concur. . Section 483.21 provides, in part:
Grounds for disciplinary action against clinical laboratory personnel. — The following acts constitute grounds for which disciplinary actions specified in s. 483.221 may be taken against clinical laboratory personnel: **
(2) Engaging or attempting to engage in, or representing himself as entitled to perform, any clinical laboratory procedure or category of procedures not authorized pursuant to his license.
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