Tag: withdrawing application

Appealing the Florida denial

jmacmidwife

Because applying for licensure shouldn’t be easy right? I mean what value exactly does the Constitution hold if I cannot pursue employment in my field, or any field for that matter, despite never having had anything happen. Its absurd. So, in timely fashion I lawyer up because you know that is where I am at with life. I am blessed to be able to have the ability to pay on credit for decent lawyers in my life (except for my divorce one, but that was because she was literally the only one who would take me, but I digress.) So, I found one, that was honestly perplexed by the Department of Health’s actions. Like I stated previously, the DOH usually allows the applicant the ability to withdrawal an application without harm to his/her record. They are not letting me do this, interestingly. So, my attorney states that he will begin the appeal process under the guise of hoping to make a deal with them for both of us to avoid having to go to a hearing in lieu of having my license withdrawn. Whatever. At this point I am so fed up with midwifery and licensure. In the meantime, I reopen my ongoing battle with my incompetent compliance officer in Louisiana in order to try and get off suspension there before my appeal date in Florida. Tell me why I did not go into dentistry again?

My documents submitted to Florida….

Withdrawing the Florida midwifery application

jmacmidwife

Florida conveniently has a rule where they tell you up front that you are going to get denied a license. According to one of the dozen attorneys I spoke with in Florida, about 90% of the time once your license enters this denial period, you can request that the Department of Health withdraws it from consideration so that it does not go on your permanent record and make it harder if not impossible to get licensed anywhere else. Of course, with my luck, I would be the 10%. The council of midwifery and the Department of health not only ignored my phone calls and emails the week preceding my deadline (you have three weeks after you receive the notice of intent to deny to file an appeal or withdrawal request) but then denied my request at the last minute to withdrawal my application. I ended up calling many people in the Department and getting nowhere. Thankfully my attorney, yes another one, got my request for an appeal in at the last minute. We are currently awaiting the appeal process. Below is a summary of the email I was waiting on from Gerry the Regulatory Supervisor.

9/17/2018 Hi Gerry.  I’d like to formally withdrawal my application from consideration. Thank you for your time. JM


9/21/2018 Hi Gerry, Due to a deadline quickly approaching I need answer today regarding the possibility of withdrawing my application.   I’ve sent a couple emails to you this week and I just called you. This lack of communicating with me is interfering with my ability to make a decision regarding my case. Please get back with me today regarding this request. Thank you. JM

9/24/2018 JM, I have been working on a response to your concerns; this required confirming that you have received the Notice of Intent to Deny filed regarding your application. As we have confirmed successful delivery of the Notice, an accurate response may now be provided. Please see the attached letter. Regards -Gerry Nielsen
Regulatory Supervisor
(850) 617-1962
Gerry.Nielsen@flhealth.gov


September 24, 2018
Jacqueline Anne Macaluso

IN RE: Application for Midwifery License (File 371)
Dear Ms. Macaluso:
Thank you for your inquiry concerning the status of your application for licensure as a midwife. Your
application was reviewed by Council staff, and it was determined that your application should be denied
due to previous disciplinary history.
At this time, you may not withdraw the application, as it has been denied. A Notice of Intent to Deny,
which states with specificity the reason for denial and explains your appeal rights pursuant to 120.57,
Florida Statutes, was filed with the Agency Clerk on August 31, 2018. This Notice was sent via certified
mail to your address of record at:

Confirmation of delivery to this address on September 5th was provided by the United States Postal
Service.
A copy of the Notice of Intent to Deny has been attached for your convenience.
Sincerely,
Gerry Nielsen
Regulatory Supervisor / Consultant