Indiaan v. Department of Professional Regulation, Board of Chiropractic
Indiaan v. Department of Professional Regulation, Board of Chiropractic
Opinion of the Court
In these consolidated cases, Sheryll J. In-diaan and Russell Dominick, graduates of South Carolina’s Sherman College of Straight Chiropractic (Sherman College), appeal an order of the Department of Professional Regulation, Board of Chiropractic (Board), denying their applications for Florida examination and licensure and denying their petitions for a formal administrative hearing. The applications for licensure and examination were denied on the basis that Sherman College does not meet the accreditation requirements of section 460.406(l)(c), Florida Statutes (1990), because it has only regional or institutional accreditation from an accrediting agency recognized by the U.S. Department of Education (USDOE) and Council on Postsecondary Accreditation (COPA), but not professional or specialized accreditation from an accrediting agency recognized by USDOE or COPA. We find our recent decision in the related case of Department of Professional Regulation, Board of Chiropractic v. Sherman College of Straight Chiropractic and Sheryll J. Indiaan, 682 So.2d 559 (Fla. 1st DCA 1995), to be disposi-tive of the instant appeal, and we reverse.
While the instant ease was ongoing below, the Board initiated rule making proceedings to amend the existing Florida Administrative Code rules with regard to requirements for graduates requesting licensing and for graduates requesting entry into a training program. The effect of the amendments was to expand the existing accrediting requirement of § 460.406(l)(e), Fla.Stat., that a chiropractic college be accredited by an agency recognized and approved by the USDOE and COPA, to add a requirement that accreditation be both regional and professional.
REVERSED and REMANDED.
. The rule amendments essentially adopted the Board’s non-rule policy which was the subject of the denial of the instant requests for application and licensure.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.