Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
323A.100(1),
323A.210(2)(a)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
323A.100(1) requires a
landscape architect to complete the approved continuing education hours
established by an administrative regulation promulgated by the board.
KRS
323A.210(2)(a) authorizes
the board to promulgate administrative regulations to establish a program of
continuing education for licensees. This administrative regulation establishes
the continuing education requirements for a landscape architect.
Section 1. Definitions.
(1) "Annually" or "continuing education year"
means a twelve (12) month period from July 1 of a calendar year through June 30
of the following calendar year.
(2)
"Board" is defined by
KRS
323A.010(1).
(3) "Continuing education hour" means a
minimum of fifty (50) minutes of actual instruction.
(4) "Self-directed course" means a course of
study that a licensee independently creates.
(5) "Sponsor" means an individual,
organization, association, institution, or other entity that provides
educational activity for the purpose of fulfilling the continuing education
requirements of this administrative regulation.
(6) "Tour" means a review or inspection of a
landscape architectural element specified in the definition of "practice of
landscape architecture" established by
KRS
323A.010(3).
Section 2. General Statement.
Continuing education obtained by a licensee shall maintain, improve, or expand
skills and knowledge obtained prior to initial licensure or develop new and
relevant skills and knowledge that contribute to the health, safety, and
welfare of the public.
Section 3.
Continuing Education Requirements.
(1) A
licensee shall acquire twelve (12) hours of continuing education
annually.
(2) A licensee may be
credited for a maximum of six (6) hours of continuing education for a tour
annually.
(3) A licensee may carry
forward a maximum of twelve (12) hours of continuing education to meet the
subsequent year's requirements.
Section 4. Approval of Continuing Education
Programs.
(1) The board shall:
(a) Approve a continuing education program
that it determines:
1. Is relevant to the
practice of landscape architecture;
2. Furthers the competence of a licensee;
and
3. Contributes to the health,
safety, and welfare of the public; and
(b) Determine the number of continuing
education hours allowed.
(2)
(a)
Before the continuing education program is offered, a sponsor may submit a
Continuing Education Preapproval Request and Affidavit (Form #CE-2) with a copy
of the hand-out materials and agenda and a description of the topic as well as
the presenter, teacher, or speaker.
(b) A sponsor shall not offer, present, or
advertise a program as a continuing education program that meets the continuing
education requirements for a licensee unless it has obtained the approval of
the board.
(3) A
licensee who completes an educational program that has not been submitted to
the board for prior approval shall receive continuing education credit if:
(a) The licensee submits to the board a
Continuing Education Preapproval Request and Affidavit (Form #CE-2) with a copy
of the course materials, agenda, a description of the course, qualifications of
the presenter, examination if one (1) was given; and
(b) The board determines that the program
meets the requirements of a continuing education program.
(4) Self-directed courses, including those
completed online, audibly, or by video, that meet the requirements of this
administrative regulation shall be accepted.
(5) Continuing education credits shall be
given for one-half (1/2) the number of hours, not to exceed six (6) hours, of a
tour if the licensee has submitted to the board a description of the tour and
the board determines that the tour meets the requirements of a continuing
education program.
Section
5.
(1) Continuing education
activities may include a college or university course that is beyond the basic
curriculum for a landscape architect and pertains to the practice of landscape
architecture. The conversion of university credits to continuing education
hours shall be:
(a) One (1) university quarter
hour of credit shall equal twelve (12) continuing education hours.
(b) One (1) university semester hour of
credit shall equal fifteen (15) continuing education hours.
(2)
(a) A landscape architect who presents a
continuing education course shall be credited with twice the number of hours
equal to the time spent teaching the course.
(b) Credit shall not be given for repeated
instruction of the same course.
Section 6. Reporting of Continuing Education
Activities.
(1) Upon license renewal, a
licensee shall report continuing education activities for the continuing
education period ending June 30.
(2) The report of continuing education
activities shall include:
(a) Name of
activity;
(b) Date of
activity;
(c) Location of activity;
and
(d) Continuing education hours
earned.
(3) The report
of continuing education activities shall be made on a Continuing Education
Approval Request and Affidavit Form (Form #CE-1).
(4) A licensee shall maintain for two (2)
continuing education years documentation verifying successful completion of the
annual requirement.
Section
7. Verification of Continuing Education Activities.
(1) Following each renewal period, the board
shall require between five (5) and fifteen (15) percent of the licensees,
chosen randomly, to furnish documentation of the completion of the appropriate
number of continuing education hours for the previous renewal period, including
hours carried forward from the previous year.
(2) Documentation of attendance and
participation in a continuing education activity shall be made by submission of
an official document, including a:
(a)
Transcript;
(b) Certificate of
attendance;
(c) Affidavit signed by
the instructor; or
(d) A written
summary of attendance and participation.
(3) If not previously approved, the board
shall determine whether the continuing education program submitted is relevant
to the practice of landscape architecture and furthers the competence of the
licensee.
(a) If the activity qualifies as
continuing education, the board shall include the number of hours earned for
that activity in determining if the applicant obtained the required twelve (12)
hours of continuing education.
(b)
If the activity does not qualify as continuing education, the board shall
deduct the number of hours claimed for that activity from the total number of
hours earned by the licensee. After this calculation, if a licensee does not
have the required twelve (12) hours of continuing education, the board shall
send written notification to the licensee that:
1. The licensee did not meet the continuing
education requirements because an activity listed on the applicant's form as a
continuing education activity did not qualify for continuing education credit;
and
2. The board shall suspend his
or her license if the requirements of subsection (4) of this section are not
met.
(4) The
license of the licensee shall be suspended if the licensee fails to:
(a) Complete the required number of
continuing education hours within sixty (60) days of the notification from the
board; and
(b) Submit to the board
a completed and updated Continuing Education Approval Request and Affidavit
Form (Form #CE-1) within sixty-five (65) days of the notification from the
board.
Section
8. Reciprocity. Credit for continuing education earned by a
licensee who does not reside in Kentucky shall be granted if the licensee meets
all the requirements of this administrative regulation.
Section 9. Exempt Licensee.
(1) A licensee shall be exempt from the
continuing education requirements:
(a) For the
partial year period of initial licensure;
(b) During the period of time in which the
licensee has an inactive license; or
(c) If the board approves a written request
for an exemption submitted by the licensee in accordance with the provisions of
subsection (2) of this section.
(2) A licensee may request an exemption from
the continuing education requirements by submitting written document that the
licensee was:
(a) Employed or assigned to duty
outside the United States for a period exceeding 120 consecutive days during
the calendar year; or
(b) Unable to
complete the requirements because of:
1.
Physical disability;
2. Personal
illness; or
3. Illness of a family
member or dependent.
Section 10. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Continuing Education Approval
Request and Affidavit Form" (Form #CE-1), May 2002 edition; and
(b) "Continuing Education Preapproval Request
and Affidavit Form" (Form #CE-2), May 2002 edition.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Kentucky Board of
Landscape Architects, 2365 Harrodsburg Road, B350, Lexington, Kentucky 40504,
Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on
the agency's Web site at kbla.ky.gov.
STATUTORY AUTHORITY:
KRS
323A.100(1),
323A.210(2)(a),
(b)