Current through Reg. 49, No. 38; September 20, 2024
(a) For
the purposes of this Section, the following definitions shall apply:
(1) Approved Subject Areas - The following
are the Approved Subject Areas for qualifying continuing education:
(A) Building codes;
(B) Code of ethics;
(C) Codes, acts, laws, and regulations
governing the practice of Landscape Architecture;
(D) Construction administration, including
construction contracts;
(E)
Construction documents;
(F) Design
of environmental systems;
(G)
Environmental process and analysis;
(H) Erosion control methods;
(I) Grading;
(J) Horticulture;
(K) Irrigation methods;
(L) Land planning and land use analysis;
(M) Landscape preservation,
landscape restoration and adaptive reuse;
(N) Lateral forces;
(O) Natural hazards - impact of earthquake,
hurricane, fire, or flood related to site design;
(P) Pedestrian and vehicular circulation;
(Q) Planting design;
(R) Resource conservation and management;
(S) Roadway design principles;
(T) Site accessibility, including
Americans with Disabilities Act standards for accessible site design;
(U) Site and soils analysis;
(V) Site design and engineering,
including materials, methods, technologies, and applications;
(W) Site security and safety;
(X) Storm water management, surface and
subsoil drainage;
(Y) Structural
systems considerations;
(Z)
Surveying methods and techniques as they affect Landscape Architecture;
(AA) Sustainable design, including
techniques related to energy efficiency;
(BB) Use of site materials and methods of
site construction;
(CC) Vegetative
management;
(DD) Wetlands;
(EE) Zoning as it relates to the
improvement and/or protection of the public health, safety, and welfare;
(FF) Other matters of law and
ethics that contribute to the health, safety, and welfare of the public;
(2) Health, Safety, and
Welfare - Subject matter applying to the principles of mathematical, physical,
and social sciences in consultation, evaluation, planning, design (including,
but not limited to the preparation and filing of plans, drawings,
specifications, and other contract documents), and administration of contracts
relative to projects principally directed at the functional and aesthetic use
and preservation of land.
(3)
Structured Course Study - Courses of study relevant to the practice of
Landscape Architecture, taught or otherwise provided by qualified individuals
or organizations, delivered by direct, in-person contact or through distance
learning methods, the completion of which results in the issuance of a
certificate or other record of attendance to the Landscape Architect by the
provider.
(4) Self-Directed Study
- Time spent by a Landscape Architect developing knowledge and skills relevant
to the practice of Landscape Architecture that does not qualify as Structured
Course Study.
(b)
During each calendar year between January 1 and December 31, a Landscape
Architect shall complete a minimum of 12 qualifying continuing education
program hours (CEPH) according to the requirements of this section. Each hour
of continuing education applied to this requirement shall directly relate to
Health, Safety, and Welfare.
(c)
Of the 12 qualifying CEPH, each Landscape Architect shall complete a minimum of
one CEPH relating to Barrier-Free Design and one CEPH relating to Sustainable
or Energy-Efficient Design.
(d) Of
the 12 qualifying CEPH, each Landscape Architect shall complete a minimum of
eight CEPH in Structured Course Study.
(1)
Each hour of Structured Course Study shall address one or more Approved Subject
Areas and at least 45 minutes of every hour of CEPH shall directly relate to
Health, Safety, and Welfare.
(2)
Examples of Structured Course Study include thefollowing:
(A) Attendance at continuing education
courses dealing with technical landscape architectural subjects related to the
Landscape Architect's profession, ethical business practices, or new
technology.
(B) The completion of
college or university credit courses addressing landscape architectural
subjects, ethical business practices or new technology. Each semester or
quarter credit hour shall equal one CEPH.
(e) Of the 12 qualifying CEPH, each Landscape
Architect may claim a maximum of four hours of Self-Directed Study. Examples of
Self-Directed Study may include the following:
(1) Reading written material or reviewing
audio, video, or digital media that develops knowledge and skills relevant to
the practice of Landscape Architecture but does not qualify as Structured
Course Study;
(2) Time spent in
landscape architectural research for publication or formal presentation to the
profession or public;
(3) Time
spent in professional service to the general public that draws upon the
Landscape Architect's professional expertise, such as serving on planning
commissions, building code advisory boards, urban renewal boards, code study
committees, or educational outreach activities;
(4) Time spent preparing to teach or teaching
landscape architectural courses. A Landscape Architect may not claim credit for
preparing for or teaching the same course more than once; and
(5) One CEPH may be claimed for attendance at
one full-day session of a meeting of the Texas Board of Architectural
Examiners.
(f) A
Landscape Architect may be exempt from continuing education requirements for
any of the following reasons:
(1) A Landscape
Architect shall be exempt upon initial registration and upon reinstatement of
registration through December 31st of the calendar year of his/her initial or
reinstated registration;
(2) An
inactive or emeritus Landscape Architect shall be exempt during any calendar
year in which the Landscape Architect's registration is in inactive or emeritus
status, but all continuing education credits for each period of inactive or
emeritus registration shall be completed before the Landscape Architect's
registration may be returned to active status;
(3) A Landscape Architect who is not a
full-time member of the Armed Forces shall be exempt for any calendar year
during which the Landscape Architect serves on active duty in the Armed Forces
of the United States for a period of time exceeding 90 consecutive days;
(4) A Landscape Architect who has
an active landscape architectural registration in another jurisdiction shall be
exempt from mandatory continuing education program requirements in Texas for
any calendar year during which the Landscape Architect satisfies the other
jurisdiction's continuing education program requirements, provided that the
other jurisdiction's continuing education requirements are substantially
equivalent to Texas requirements. Notwithstanding this exemption, the Landscape
Architect shall complete one CEPH relating to Barrier-Free Design and one CEPH
relating to Sustainable or Energy-Efficient Design; or
(5) A Landscape Architect who is, as of
September 1, 1999, a full-time faculty member or other permanent employee of an
institution of higher education, as defined in §
61.003, Education
Code, and who in such position is engaged in teaching Landscape Architecture.
(g) A Landscape
Architect shall maintain a detailed record of the Landscape Architect's
continuing education activities, including all course completion certificates
documenting completion of Structured Course Study and a record of Self-Directed
Study including a date and description of the claimed activity, for a period of
five years after the end of the calendar year for which credit is claimed.
(h) When renewing his/her annual
registration, a Landscape Architect shall complete an attestation regarding the
Landscape Architect's compliance with minimum continuing education
requirements. A Landscape Architect may attest to compliance and shall be
considered compliant with continuing education requirements if:
(1) The Landscape Architect fulfilled minimum
continuing education program requirements during the immediately preceding
calendar year according to the requirements of this Section; or
(2) The Landscape Architect failed to fulfill
minimum continuing education program hours during the immediately preceding
calendar year, but prior to renewing his/her registration in the current
calendar year, the Landscape Architect:
(A)
Completed sufficient qualifying CEPH to correct any deficiency for the prior
calendar year (which will be applied to the previous calendar year and cannot
be applied to the current calendar year requirement); and
(B) Completed 12 hours of qualifying CEPH to
be applied to the current calendar year requirement.
(i) Upon written request, the
Board may require a Landscape Architect to produce documentation to prove that
the Landscape Architect has complied with the minimum continuing education
program requirements.
(1) Board staff will
review a Landscape Architect's response to such a request to determine whether
the Landscape Architect is in compliance with this Section.
(2) If a Landscape Architect fails to provide
acceptable documentation of compliance within 30 days of a request, the
Landscape Architect will be presumed to have not complied with minimum
continuing education requirements.
(3) The Board has final authority to
determine whether to award or deny credit claimed by a Landscape Architect for
continuing education activities.
(j) Violations of continuing education
requirements and administrative penalties:
(1) Falsely attesting to compliance with
minimum continuing education requirements shall be subject to an administrative
penalty in the amount of $500;
(2)
Failure to timely complete minimum continuing education requirements shall be
subject to an administrative penalty in the amount of $100 for every hour of
deficiency per calendar year;
(3)
Failure to maintain a detailed record of continuing education activities shall
be subject to an administrative penalty of $100 for every hour of claimed
continuing education for which a Landscape Architect is unable to provide proof
of compliance; and
(4) Failure to
timely respond to or comply with a continuing education audit or verification
shall be subject to an administrative penalty of $250 per failure.
(k) The administrative penalties
identified in subsection (j) of this section are considered appropriate for a
first-time violation of continuing education requirements. If a Landscape
Architect was previously found to have violated the Board's continuing
education requirements in a warning or Order of the Board, the Board may
increase the penalty up to a factor of two for a second or subsequent
violation, in addition to consideration of suspension or revocation of
registration under §3.232 of the Board's rules.
(l) The administrative penalties identified
in subsection (j) of this section are to be applied to each individual
violation of the Board's continuing education requirements. If a Landscape
Architect has committed multiple violations, the Landscape Architect shall be
subject to a separate administrative penalty for each violation.
(m) If a Landscape Architect is registered to
practice more than one of the professions regulated by the Board and the
Landscape Architect completes a continuing education activity that is directly
related to more than one of those professions, the Landscape Architect may
submit that activity for credit for all of the professions to which it relates.
The Landscape Architect must maintain a separate detailed record of continuing
education activities for each profession.
(n) A Landscape Architect may receive credit
for up to 24 CEPH earned during any single calendar year. A maximum of 12 CEPH
that is completed in excess of the continuing education requirements for a
calendar year may be carried forward to satisfy the continuing education
requirements for the next calendar year.
(o) As the term is defined in §3.29(a)
of the Board's rules, a military service member is entitled to two years of
additional time to complete any CEPH requirements.
