New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 79 - Regulation of Individual Professions
Subpart 79-1 - Landscape Architecture
Section 79-1.5 - Continuing education for landscape architects
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 79-1.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions. As used in this section, acceptable accrediting agency means an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, such as an agency recognized for this purpose by the United States Department of Education.
(b) Applicability of requirement.
(1) Effective January 1, 2007, each licensed
landscape architect, required under Article 148 of the Education Law to
register with the department to practice in New York State, shall comply with
the mandatory continuing education requirements as prescribed in subdivision
(c) of this section, except those licensees exempt from the requirement or who
obtain an adjustment to the requirement pursuant to paragraph (2) of this
subdivision.
(2) Exemptions and
adjustments to the requirement.
(i)
Exemptions. The following licensees shall be exempt from the continuing
education requirements, as prescribed in subdivision (c) this section:
(a) licensees for the triennial registration
period during which they are first licensed to practice landscape architecture
in New York State, except those first licensed to practice landscape
architecture in New York State pursuant to an endorsement of a license of
another jurisdiction;
(b) licensees
who are not engaged in the practice of landscape architecture as evidenced by
not being registered to practice in New York State, except as otherwise
provided in subdivision (e) of this section to meet the requirements for the
resumption of practice in New York State.
(ii) Adjustments to the requirement. An
adjustment to the continuing education requirement, as prescribed in
subdivision (c) of this section, may be made by the department, provided that
the licensee documents good cause that prevents compliance, which shall
include, but not be limited to, any of the following reasons: poor health
certified by a physician; or a specific physical or mental disability certified
by an appropriate health care professional; or extended active duty with the
Armed Forces of the United States; or other good cause beyond the licensee's
control which in the judgment of the department makes it impossible for the
licensee to comply with the continuing education requirements in a timely
manner.
(c) Mandatory continuing education requirement.
(1) General requirement.
(i) During each triennial registration
period, meaning a registration period of three years' duration, an applicant
for registration shall complete at least 36 hours of continuing education
acceptable to the department, as defined in paragraph (2) of this subdivision,
provided that at least 18 hours of such continuing education shall be in
courses of learning, and no more than 18 hours of such continuing education
shall be in other educational activities as prescribed in paragraph (2) of this
subdivision. A minimum of 24 hours of such continuing education shall be in the
areas of health, safety, and welfare. Any landscape architect whose first
registration date following January 1, 2007 occurs less than three years from
that date shall complete continuing education hours on a prorated basis at the
rate of one hour of acceptable continuing education per month for the period
beginning January 1, 2007 up to the first registration date thereafter. Such
continuing education shall be completed during the period beginning January 1,
2007 and ending before the first day of the new registration period or at the
option of the licensee during any time in the previous registration
period.
(ii) Proration. Unless
otherwise prescribed in this section, during each registration period of less
than three years' duration, an applicant for registration shall complete
acceptable continuing education, as defined in paragraph (2) of this
subdivision and within the limits prescribed in such paragraph, on a prorated
basis at a rate of one hour of continuing education per month for such
registration period.
(2)
Acceptable continuing education. To be acceptable to the department, continuing
education shall meet the requirements of this paragraph. Such continuing
education must be in the subjects prescribed in subparagraph (i) of this
paragraph and be the types of learning activities prescribed in subparagraph
(ii) of this paragraph.
(i) Subjects.
Acceptable continuing education shall contribute to professional practice in
landscape architecture:
(a) in any one or
more of the following curricular areas relating to the health, safety, and
welfare of the public: code of ethics; codes, acts, laws, and regulations
governing the practice of landscape architecture; construction administration,
including the administration of construction contracts; construction documents;
environmental process and analysis; erosion control methods, including storm
water management as is incidental and necessary to the practice of landscape
architecture; design of environmental systems and use of site materials and
methods of site construction; grading and natural drainage; horticulture;
irrigation methods; land planning and land use analysis; landscape
preservation, landscape restoration and adaptive reuse; natural hazards--impact
of earthquake, hurricane, or flood related to site design; New York State
Building Code as it affects landscape architecture; resource conservation and
management; site accessibility, including Americans with Disabilities Act
standards for accessible site design; site and soils analysis; site design;
site security and safety; specifications writing; surveying methods and
techniques as they affect landscape architecture; sustainable design, including
techniques related to energy efficiency; vegetative management; wetlands;
zoning as it relates to the improvement and/or protection of the health,
safety, and welfare of the public; or other matters of law and ethics which
contribute to the health, safety, and welfare of the public; and
(b) in other topics which contribute to the
professional practice of landscape architecture as such practice is defined in
section
7321 of the
Education Law.
(ii)
Types of learning activities. Acceptable continuing education shall be the
types of learning activities prescribed in this subparagraph and be subject to
the limitations prescribed in this subparagraph.
(a) Courses of learning. Acceptable
continuing education shall be courses of learning offered by a sponsor approved
by the department pursuant to subdivision (i) of this section, which may
include, among others, the following courses offered by an approved sponsor:
university and college courses, and professional development and technical
training courses related to the practice of landscape architecture.
(b) Other educational activities. Acceptable
continuing education shall be the following other educational activities,
provided that no more than 18 hours of continuing education in a registration
period shall consist of such other educational activities:
(1) preparing and teaching a course offered
by a sponsor of continuing education to landscape architects, approved pursuant
to subdivision (i) of this section, provided that such teaching shall not be
acceptable where the licensee has taught the course on more than one occasion
without presenting new or revised material. Continuing education hours that may
be credited for this activity may include actual instructional time plus
preparation time which may be up to two additional hours for each hour of
presentation;
(2) authoring an
article published in a peer-reviewed journal or a published book. A licensee
shall receive nine continuing education hours for each written work published
during the registration period;
(3)
making a technical presentation at a professional conference sponsored by an
organization that is a sponsor of continuing education to landscape architects,
approved pursuant to subdivision (i) of this section. Continuing education
hours that may be credited for this activity shall include actual instructional
time, plus preparation time which may be up to two additional hours for each
hour taught;
(4) obtaining a patent
related to the practice of landscape architecture. A licensee shall receive
nine continuing education hours for each patent granted on an invention during
the registration period;
(5)
completing a self-study program, meaning structured study, provided by a
sponsor approved pursuant to subdivision (i) of this section, that is based on
audio, audio-visual, written, on-line, and other media, and does not include
live instruction, transmitted in person or otherwise, during which the student
may communicate and interact with the instructor and other students;
or
(6) completing an educational
tour, meaning a structured tour of an instructional nature provided by a
sponsor approved pursuant to subdivision (i) of this section.
(d) Renewal of registration. At each reregistration, licensed landscape architects shall certify to the department that they have either complied with the continuing education requirements, as prescribed in subdivision (c) of this section; or are subject to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (b) of this section.
(e) Requirement for lapse in practice.
(1) A licensee returning to the
practice of landscape architecture after a lapse in practice, as evidenced by
not being registered to practice in New York State, whose first registration
date after such lapse in practice and following January 1, 2007 occurs less
than three years from January 1, 2007, shall be required to complete:
(i) at least one hour of acceptable
continuing education for each month beginning with January 1, 2007 until the
beginning of the new registration period, which shall be completed for a
licensee who has not lawfully practiced landscape architecture continuously in
another jurisdiction throughout such lapse period, in the 12-month period
before the beginning of the new registration period; and for the licensee who
has lawfully practiced landscape architecture continuously in another
jurisdiction throughout such lapse period, in the new registration period or at
the option of the licensee in the period beginning 36 months before the
commencement of the new registration period and ending at the conclusion of
such registration period; and
(ii)
for a licensee who has not lawfully practiced landscape architecture
continuously in another jurisdiction throughout such lapse period, at least 12
hours of acceptable continuing education in each successive 12-month period of
the new registration period; and for a licensee who has lawfully practiced
landscape architecture continuously in another jurisdiction throughout such
lapse period, the regular continuing education requirement during the new
registration period.
(2)
Except as prescribed in paragraph (1) of this subdivision for registrations
therein specified, the licensee who returns to the practice of landscape
architecture after a lapse in practice in which the licensee was not registered
to practice in New York State and did not lawfully practice landscape
architecture continuously in another jurisdiction throughout the lapse period,
shall be required to complete:
(i) the
continuing education requirement applicable to the period of time the licensee
was registered in the licensee's last registration period; and
(ii) at least one hour of acceptable
continuing education for each month of lapsed registration up to a maximum 36
hours, which shall be completed in the 12 months before the beginning of the
new registration period; and
(iii)
at least 12 hours of acceptable continuing education in each succeeding
12-month period, after such registration is reissued, until the next
registration date.
(3)
Except as prescribed in paragraph (1) of this subdivision for registrations
therein specified, the licensee who returns to the practice of landscape
architecture after a lapse in practice in which the licensee was not registered
to practice in New York State but did lawfully practice landscape architecture
continuously in another jurisdiction throughout the lapse period, shall be
required to complete:
(i) the continuing
education requirement applicable to the period of time the licensee was
registered in the licensee's last registration period; and
(ii) at least one hour of acceptable
continuing education for each month of lapsed registration up to a maximum of
36 hours, which shall be completed in the new registration period, or at the
option of the licensee in the period beginning 36 months before the
commencement of the new registration period and ending at the conclusion of the
new registration period; and
(iii)
the regular continuing education requirement during the new registration
period.
(f) Conditional registration.
(1) The department
may issue a conditional registration to a licensee who attests to or admits to
noncompliance with the continuing education requirements of this section,
provided that such licensee meets the following requirements:
(i) the licensee agrees to remedy such
deficiency within the conditional registration period;
(ii) the licensee agrees to complete the
regular continuing education requirement at the rate of one hour of acceptable
continuing education per month during such conditional registration period;
and
(iii) the licensee agrees to
complete additional continuing education during such conditional registration
period, which the department may require to ensure the licensee's proper
delivery of landscape architectural services consistent with the licensee's
practice of landscape architecture.
(2) The duration of such conditional
registration shall not exceed one year and shall not be renewed or
extended.
(g) Licensee records. Each licensee subject to the requirements of this section shall maintain, or ensure access by the department to, a record of completed continuing education, which includes: the type of learning activity, title of the course if a course, subject of the continuing education, the number of hours completed, the sponsor's name and any identifying number (if applicable), attendance verification if a course, participation verification if another educational activity, and the date and location of the continuing education. Such records shall be retained for at least six years from the date of completion of the continuing education and shall be available for review by the department in the administration of the requirements of this section.
(h) Measurement of continuing education study. Continuing education credit shall be granted only for acceptable continuing education as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes shall equal one continuing education hour of credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing education hours of credit, and each quarter-hour of credit shall equal 10 continuing education hours of credit.
(i) Sponsor approval.
(1) To be approved by the department,
sponsors of continuing education to licensed landscape architects in the form
of courses of learning or self-study programs shall meet the requirements of
either paragraph (2) or (3) of this subdivision.
(2) The department shall deem approved as a
sponsor of continuing education to licensed landscape architects in the form of
courses of learning or self-study programs:
(i) a sponsor of continuing education that is
approved by the The American Institute of Architects Continuing Education
System (AIA/CES), the International Association for Continuing Education and
Training (IACET), or the Practicing Institute of Engineering, or an equivalent
organization determined by the department with assistance from the State Board
for Landscape Architecture to have adequate standards for approving sponsors of
continuing education for professionals regulated by Title VIII of the Education
Law that include but are not limited to standards that are equivalent to the
standards prescribed in clauses (3)(ii)(a), (c) and (d) of this subdivision;
or
(ii) a postsecondary institution
that has authority to offer programs that are registered pursuant to Part 52 of
this Title or authority to offer equivalent programs that are accredited by an
acceptable accrediting agency.
(3) Department review of sponsors.
(i) The department shall conduct a review of
sponsors that apply for approval to offer continuing education to licensed
landscape architects in the form of courses of learning or self-study programs
that are not deemed approved pursuant to the requirements of paragraph (2) of
this subdivision.
(ii)
Organizations desiring to offer courses of learning or self-study programs
based upon a department review under this paragraph shall submit, with the fee
as set forth in subdivision (j) of this section, an application for advance
approval as a sponsor at least 90 days prior to the date of the commencement of
such continuing education that documents that the organization:
(a) will offer courses of learning or
self-study programs in any one or more of the subjects prescribed for
acceptable continuing education in subparagraph (c)(2)(i) of this
section;
(b) is an organized
educational entity or an entity that has expertise in the professional areas
that will be taught, including but not limited to, a school of landscape
architecture accredited by an acceptable accrediting agency; or a national,
State, or local landscape architecture association or organization;
(c) provides course instructors who are
qualified to teach the courses which will be offered, including but not limited
to, faculty of a college of landscape architecture accredited by an acceptable
accrediting agency; or instructors who are specially qualified authorities in
landscape architecture, as determined by the department with assistance from
the State Board for Landscape Architecture, to conduct such courses;
(d) has a method of assessing the learning of
participants, and describes such method; and
(e) will maintain records for at least six
years from the date of completion of coursework, which shall include, but shall
not be limited to, the name and curriculum vitae of the faculty, a record of
attendance of licensed landscape architects in the course if a course, a record
of participation of licensed landscape architects in the self-study program if
a self-study program, an outline of the course or program, date and location of
the course or program, and the number of hours for completion of the course or
program. In the event an approved sponsor discontinues operation, the governing
body of such sponsor shall notify the department and shall transfer all records
as directed by the department.
(iii) Sponsors that are approved by the
department pursuant to the requirements of this paragraph shall be approved for
a three-year term.
(iv) The
department may conduct site visits of, or request information from, a sponsor
approved pursuant to the requirements of this paragraph to ensure compliance
with such requirements, and a sponsor shall cooperate with the department in
permitting such site visits and in providing such information.
(v) A determination by the department that a
sponsor approved pursuant to the requirements of this paragraph is not meeting
the standards set forth in this paragraph shall result in the denial or
termination of the approved status of the sponsor.
(j) Fees.
(1) At the beginning of each registration
period, a mandatory continuing education fee of $45 shall be collected from
licensees engaged in the practice of landscape architecture in New York State,
except for those exempt from the requirement pursuant subparagraph (b)(2)(i) of
this section. This fee shall be in addition to the registration fee required by
section
7324 of the
Education Law.
(2) Licensees
applying for a conditional registration, pursuant to the requirements of
subdivision (f) of this section, shall pay a fee that is the same as and in
addition to, the fee for the triennial registration required by section
7324 of the
Education Law. In addition, such licensees shall pay the $45 mandatory
continuing education fee.
(3)
Organizations desiring to offer continuing education to licensed landscape
architects based upon a department review, pursuant to paragraph (i)(3) of this
section, shall submit an application fee of $900 with the application
requesting the issuance of a permit from the department to become an approved
sponsor of continuing education to licensed landscape architects in the form of
courses of learning or self-study programs. Application for a three-year
renewal of the permit shall be accompanied by a fee of $900.
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