Current through Register Vol. 50, No. 9, March 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 study" means a course of
study in which a licensee takes and passes any examination offered by the
sponsor.
(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.
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. Tour hours may be carried forward into subsequent
years.
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; and
2. Furthers the competence of a licensee;
and
(b) Determine the
number of continuing education hours allowed.
(2)
(a)
Before the continuing education program is offered, a sponsor shall 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 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. The conversion of university credits to
continuing education hours shall be:
(a) One
(1) university quarter hour of credit shall equal thirty (30) continuing
education hours.
(b) One (1)
university semester hour of credit shall equal forty-five (45) continuing
education hours.
(2)
(a) A landscape architect who prepares and
teaches 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) The report of continuing education
activities shall be:
(a) Signed by the
licensee; and
(b) Affixed with the
licensee's seal.
(5) 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;
(d) Receipt for a fee
paid to a sponsor; or
(e) 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
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
period of initial licensure;
(b)
During the period of time in which the licensee has an inactive license in
accordance with the provisions of Section 10 of this administrative regulation;
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. Inactive License.
(1) A licensee may choose to inactivate his
license.
(2) During the period a
license is inactive, a licensee shall:
(a) Be
exempt from the provisions of this administrative regulation; and
(b) Not practice landscape
architecture.
Section
11. Reinstatement of Suspended or Inactive License.
(1) Prior to reinstatement of a suspended or
inactive license, a licensee shall complete the number of continuing education
hours required for the annual renewal of the license times the number of years
the license was suspended or inactive.
(2) The number of continuing education hours
required by subsection (1) of this section shall not exceed twenty-four (24)
hours.
Section 12.
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.
STATUTORY AUTHORITY:
KRS
323A.100(1),
323A.210(2)(a),
(b)