§ 7328 — Mandatory continuing education for landscape architects

* § 7328. Mandatory continuing education for landscape architects. 1.\n(a) Each licensed landscape architect required under this article to\nregister triennially with the department to practice in the state shall\ncomply with provisions of the mandatory continuing education\nrequirements prescribed in subdivision two of this section except as set\nforth in paragraphs (b) and (c) of this subdivision. Landscape\narchitects who do not satisfy the mandatory continuing education\nrequirements shall not practice until they have met such requirements,\nand have been issued a registration certificate, except that a landscape\narchitect may practice without having met such requirements if he or she\nis issued a conditional registration certificate pursuant to subdivision\nthree of this section.\n (b) Landscape architects shall be exempt from the mandatory continuing\neducation requirement for the triennial registration period during which\nthey are first licensed, in accordance with the intent of this section,\nadjustment to the mandatory continuing education requirement may be\ngranted by the department for reasons of health certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n (c) A licensed landscape architect not engaged in practice as\ndetermined by the department, shall be exempt from the mandatory\ncontinuing education requirement upon the filing of a statement with the\ndepartment declaring such status. Any licensee who returns to the\npractice of landscape architecture during the triennial registration\nperiod shall notify the department prior to reentering the profession\nand shall meet such mandatory education requirements as shall be\nprescribed by regulations of the commissioner.\n 2. During each triennial registration period an applicant for\nregistration shall complete a minimum of thirty-six hours of acceptable\ncontinuing education, as specified in subdivision four of this section,\nprovided that a minimum of twenty-four hours of such continuing\neducation shall be in the areas of health, safety and welfare. Up to\none-half of the total hours of continuing education may consist of\nnon-course activities. Any landscape architect whose first registration\ndate following the effective date of this section occurs less than three\nyears from such effective date, but on or after January first, two\nthousand seven, shall complete continuing education hours on a prorated\nbasis at the rate of one hour per month for the period beginning January\nfirst, two thousand seven up to the first registration date thereafter.\nA licensee who has not satisfied the mandatory continuing education\nrequirements shall not be issued a triennial registration certificate by\nthe department and shall not practice unless and until a conditional\nregistration certificate is issued as provided for in subdivision three\nof this section. With the exception of continuing education hours taken\nduring the registration period immediately preceding the effective date\nof this section, continuing education hours taken during one triennium\nmay not be transferred to a subsequent triennium.\n 3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices landscape architecture without such\nregistration, may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n 4. As used in subdivision two of this section, "acceptable continuing\neducation" shall mean courses of learning and educational activities\nwhich contribute to professional practice in landscape architecture and\nwhich meet the standards prescribed by regulations of the commissioner.\nThe department may, in its discretion and as needed to contribute to the\nhealth and welfare of the public, require the completion of continuing\neducation courses in specific subjects.\n 5. Landscape architects shall maintain adequate documentation of\ncompletion of acceptable continuing education and educational activities\nand shall provide such documentation at the request of the department.\n 6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section seventy-three hundred twenty-four\nof this article.\n * NB Effective until May 21, 2027\n * § 7328. Mandatory continuing education for landscape architects. 1.\n(a) Each licensed landscape architect required under this article to\nregister triennially with the department to practice in the state shall\ncomply with provisions of the mandatory continuing education\nrequirements prescribed in subdivision two of this section except as set\nforth in paragraphs (b) and (c) of this subdivision. Landscape\narchitects who do not satisfy the mandatory continuing education\nrequirements shall not practice until they have met such requirements,\nand have been issued a registration certificate, except that a landscape\narchitect may practice without having met such requirements if they are\nissued a conditional registration certificate pursuant to subdivision\nthree of this section.\n (b) Landscape architects shall be exempt from the mandatory continuing\neducation requirement for the triennial registration period during which\nthey are first licensed, in accordance with the intent of this section,\nan adjustment and/or exemption to the mandatory continuing education\nrequirement may be granted by the department for reasons of health\ncertified by an appropriate health care professional, for extended\nactive duty with the armed forces of the United States, or for other\ngood cause acceptable to the department which may prevent compliance.\n (c) A licensed landscape architect not engaged in practice as\ndetermined by the department, shall be exempt from the mandatory\ncontinuing education requirement upon the filing of a statement with the\ndepartment declaring such status. Any licensee who returns to the\npractice of landscape architecture during the triennial registration\nperiod shall notify the department prior to reentering the profession\nand shall meet such mandatory education requirements as shall be\nprescribed by regulations of the commissioner.\n 2. During each triennial registration period an applicant for\nregistration shall complete a minimum of thirty-six hours of acceptable\ncontinuing education, as specified in subdivision four of this section,\nprovided that a minimum of twenty-four hours of such continuing\neducation shall be in the areas of health, safety and welfare. Any\nlandscape architect whose first registration date following the\neffective date of this section occurs less than three years from such\neffective date, but on or after January first, two thousand seven, shall\ncomplete continuing education hours on a prorated basis at the rate of\none hour per month for the period beginning January first, two thousand\nseven up to the first registration date thereafter. A licensee who has\nnot satisfied the mandatory continuing education requirements shall not\nbe issued a triennial registration certificate by the department and\nshall not practice unless and until a conditional registration\ncertificate is issued as provided for in subdivision three of this\nsection. No more than six continuing education hours taken during one\ntriennium may be transferred to a subsequent triennium.\n 3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices landscape architecture without such\nregistration, may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n 4. As used in subdivision two of this section, "acceptable continuing\neducation" shall mean courses of learning and educational activities in\nlandscape architecture, architecture, engineering, interior design, land\nsurveying, and geology that may contribute to professional practice in\nlandscape architecture and which meet the standards prescribed by\nregulations of the commissioner. Completing courses of learning and\neducational activities that fall within the scope of practice of another\nlicensed profession does not authorize a licensed landscape architect to\nlawfully practice a profession that they are not authorized to practice\nas defined in section seventy-three hundred twenty-one of this article.\nThe department may, in its discretion and as needed to contribute to the\nhealth and welfare of the public, require the completion of continuing\neducation courses in specific subjects.\n 5. Landscape architects shall maintain adequate documentation of\ncompletion of acceptable continuing education and educational activities\nand shall provide such documentation at the request of the department.\n 6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section seventy-three hundred twenty-four\nof this article.\n * NB Effective May 21, 2027\n