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THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
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TO: |
Higher Education and Professional Practice Committee |
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FROM: |
Johanna Duncan-Poitier |
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SUBJECT: |
Proposed Amendment to the Regulations of the
Commissioner of Education Relating to Continuing Education Requirements
for Landscape Architects |
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DATE: |
May 30, 2006 |
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STRATEGIC
GOAL: |
Goal 3 |
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AUTHORIZATION(S): |
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SUMMARY
Issue for
Discussion
Should the Regents amend the Regulations of the Commissioner of Education to add a new section 79-1.5, relating to mandatory continuing education requirements for landscape architects?
Reason(s) for Consideration
Required by State
statute.
Proposed Handling
The proposed amendment is before the Higher Education and Professional Practice Committee for discussion in June 2006 and will be submitted for action at the July 2006 Regents meeting.
Procedural
History
A Notice of Proposed Rule Making will be published in the State Register
on May 31, 2006. Supporting
materials for the proposed amendment are available upon request from the
Secretary to the Board of Regents.
Background
Information
The purpose
of the proposed regulation is to establish continuing education requirements
that licensed landscape architects must complete to be registered to practice
this profession in
As mandated by statute, the regulation requires the licensee to complete 36 hours of continuing education in a three-year registration period. Of this amount, 24 hours must be in the areas of health, safety, and welfare. A minimum of 18 hours must be in courses of learning. The remainder may be in other educational activities prescribed in the regulation. The statute and implementing regulation provide a phase-in period in which licensees who register during the first three years after January 1, 2007 will be required to complete a portion of the 36 hours, based upon a proration formula.
The regulation specifies acceptable continuing education subjects and types of learning activities. It also establishes continuing education requirements when there is a lapse in practice, requirements for licensees under conditional registration, and standards for the approval of sponsors. The proposed regulation is modeled after similar mandatory continuing education requirements for architects and professional engineers, professions in which continuing education has been required since 2000 and 2004, respectively.
Recommendation
N/A
Timetable for
Implementation
The effective date of the proposed amendment
is August 17, 2006.
Attachment
AMENDMENT
TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 207, 212, 6504, 6507, and 7328 of the Education
Law
Section 79-1.5 of the Regulations of the Commissioner of Education is
added, effective August 17, 2006, to read as follows:
79-1.5 Continuing education for landscape architects.
(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 clauses (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.