N.Y. Education Law § 7328: Mandatory continuing education for landscape architects

* § 7328. Mandatory continuing education for landscape architects. 1.

(a) Each licensed landscape architect required under this article to

register triennially with the department to practice in the state shall

comply with provisions of the mandatory continuing education

requirements prescribed in subdivision two of this section except as set

forth in paragraphs (b) and (c) of this subdivision. Landscape

architects who do not satisfy the mandatory continuing education

requirements shall not practice until they have met such requirements,

and have been issued a registration certificate, except that a landscape

architect may practice without having met such requirements if he or she

is issued a conditional registration certificate pursuant to subdivision

three of this section.

(b) Landscape architects shall be exempt from the mandatory continuing

education requirement for the triennial registration period during which

they are first licensed, in accordance with the intent of this section,

adjustment to the mandatory continuing education requirement may be

granted by the department for reasons of health certified by an

appropriate health care professional, for extended active duty with the

armed forces of the United States, or for other good cause acceptable to

the department which may prevent compliance.

(c) A licensed landscape architect not engaged in practice as

determined by the department, shall be exempt from the mandatory

continuing education requirement upon the filing of a statement with the

department declaring such status. Any licensee who returns to the

practice of landscape architecture during the triennial registration

period shall notify the department prior to reentering the profession

and shall meet such mandatory education requirements as shall be

prescribed by regulations of the commissioner.

2. During each triennial registration period an applicant for

registration shall complete a minimum of thirty-six hours of acceptable

continuing education, as specified in subdivision four of this section,

provided that a minimum of twenty-four hours of such continuing

education shall be in the areas of health, safety and welfare. Up to

one-half of the total hours of continuing education may consist of

non-course activities. Any landscape architect whose first registration

date following the effective date of this section occurs less than three

years from such effective date, but on or after January first, two

thousand seven, shall complete continuing education hours on a prorated

basis at the rate of one hour per month for the period beginning January

first, two thousand seven up to the first registration date thereafter.

A licensee who has not satisfied the mandatory continuing education

requirements shall not be issued a triennial registration certificate by

the department and shall not practice unless and until a conditional

registration certificate is issued as provided for in subdivision three

of this section. With the exception of continuing education hours taken

during the registration period immediately preceding the effective date

of this section, continuing education hours taken during one triennium

may not be transferred to a subsequent triennium.

3. The department, in its discretion, may issue a conditional

registration to a licensee who fails to meet the continuing education

requirements established in subdivision two of this section but who

agrees to make up any deficiencies and complete any additional education

which the department may require. The fee for such a conditional

registration shall be the same as, and in addition to, the fee for the

triennial registration. The duration of such conditional registration

shall be determined by the department but shall not exceed one year. Any

licensee who is notified of the denial of registration for failure to

submit evidence, satisfactory to the department, of required continuing

education and who practices landscape architecture without such

registration, may be subject to disciplinary proceedings pursuant to

section sixty-five hundred ten of this title.

4. As used in subdivision two of this section, "acceptable continuing

education" shall mean courses of learning and educational activities

which contribute to professional practice in landscape architecture and

which meet the standards prescribed by regulations of the commissioner.

The department may, in its discretion and as needed to contribute to the

health and welfare of the public, require the completion of continuing

education courses in specific subjects.

5. Landscape architects shall maintain adequate documentation of

completion of acceptable continuing education and educational activities

and shall provide such documentation at the request of the department.

6. The mandatory continuing education fee shall be forty-five dollars,

shall be payable on or before the first day of each triennial

registration period, and shall be paid in addition to the triennial

registration fee required by section seventy-three hundred twenty-four

of this article.

* NB Effective until May 21, 2027

* § 7328. Mandatory continuing education for landscape architects. 1.

(a) Each licensed landscape architect required under this article to

register triennially with the department to practice in the state shall

comply with provisions of the mandatory continuing education

requirements prescribed in subdivision two of this section except as set

forth in paragraphs (b) and (c) of this subdivision. Landscape

architects who do not satisfy the mandatory continuing education

requirements shall not practice until they have met such requirements,

and have been issued a registration certificate, except that a landscape

architect may practice without having met such requirements if they are

issued a conditional registration certificate pursuant to subdivision

three of this section.

(b) Landscape architects shall be exempt from the mandatory continuing

education requirement for the triennial registration period during which

they are first licensed, in accordance with the intent of this section,

an adjustment and/or exemption to the mandatory continuing education

requirement may be granted by the department for reasons of health

certified by an appropriate health care professional, for extended

active duty with the armed forces of the United States, or for other

good cause acceptable to the department which may prevent compliance.

(c) A licensed landscape architect not engaged in practice as

determined by the department, shall be exempt from the mandatory

continuing education requirement upon the filing of a statement with the

department declaring such status. Any licensee who returns to the

practice of landscape architecture during the triennial registration

period shall notify the department prior to reentering the profession

and shall meet such mandatory education requirements as shall be

prescribed by regulations of the commissioner.

2. During each triennial registration period an applicant for

registration shall complete a minimum of thirty-six hours of acceptable

continuing education, as specified in subdivision four of this section,

provided that a minimum of twenty-four hours of such continuing

education shall be in the areas of health, safety and welfare. Any

landscape architect whose first registration date following the

effective date of this section occurs less than three years from such

effective date, but on or after January first, two thousand seven, shall

complete continuing education hours on a prorated basis at the rate of

one hour per month for the period beginning January first, two thousand

seven up to the first registration date thereafter. A licensee who has

not satisfied the mandatory continuing education requirements shall not

be issued a triennial registration certificate by the department and

shall not practice unless and until a conditional registration

certificate is issued as provided for in subdivision three of this

section. No more than six continuing education hours taken during one

triennium may be transferred to a subsequent triennium.

3. The department, in its discretion, may issue a conditional

registration to a licensee who fails to meet the continuing education

requirements established in subdivision two of this section but who

agrees to make up any deficiencies and complete any additional education

which the department may require. The fee for such a conditional

registration shall be the same as, and in addition to, the fee for the

triennial registration. The duration of such conditional registration

shall be determined by the department but shall not exceed one year. Any

licensee who is notified of the denial of registration for failure to

submit evidence, satisfactory to the department, of required continuing

education and who practices landscape architecture without such

registration, may be subject to disciplinary proceedings pursuant to

section sixty-five hundred ten of this title.

4. As used in subdivision two of this section, "acceptable continuing

education" shall mean courses of learning and educational activities in

landscape architecture, architecture, engineering, interior design, land

surveying, and geology that may contribute to professional practice in

landscape architecture and which meet the standards prescribed by

regulations of the commissioner. Completing courses of learning and

educational activities that fall within the scope of practice of another

licensed profession does not authorize a licensed landscape architect to

lawfully practice a profession that they are not authorized to practice

as defined in section seventy-three hundred twenty-one of this article.

The department may, in its discretion and as needed to contribute to the

health and welfare of the public, require the completion of continuing

education courses in specific subjects.

5. Landscape architects shall maintain adequate documentation of

completion of acceptable continuing education and educational activities

and shall provide such documentation at the request of the department.

6. The mandatory continuing education fee shall be forty-five dollars,

shall be payable on or before the first day of each triennial

registration period, and shall be paid in addition to the triennial

registration fee required by section seventy-three hundred twenty-four

of this article.

* NB Effective May 21, 2027