201 KAR 10:080.

Continuing education.

 

      RELATES TO: KRS

323A.100(1), 323A.210(2)(a)

      STATUTORY AUTHORITY:

KRS 323A.100(1), 323A.210(2)(a), (b)

      NECESSITY, FUNCTION,

AND CONFORMITY: KRS 323A.100(1) requires a landscape architect to complete the

approved continuing education hours established by an administrative regulation

promulgated by the board. KRS 323A.210(2)(a) authorizes the board to promulgate

administrative regulations to establish a program of continuing education for

registrants. This administrative regulation establishes the continuing

education requirements for a landscape architect.

 

      Section 1.

Definitions. (1) "Annually" or "continuing education year"

means a twelve (12) month period from July 1 of a calendar year through June 30

of the following calendar year.

      (2)

"Board" is defined by KRS 323A.010(1).

      (3) "Continuing

education hour" means fifty (50) minutes of actual instruction.

      (4)

"Self-directed study" means a course of study in which a registrant

takes and passes an examination offered by the sponsor after the registrant

reviews material including the Internet, views a video, or listens to an audio

tape.

      (5)

"Sponsor" means an individual, organization, association,

institution, or other entity that provides educational activity for the purpose

of fulfilling the continuing education requirements of this administrative

regulation.

      (6) "Tour"

means a review or inspection of a landscape architectural element specified in

the definition of "practice of landscape architecture" established by

KRS 323A.010(3).

 

      Section 2. General

Statement. Continuing education obtained by a registrant shall maintain,

improve or expand skills and knowledge obtained prior to initial licensure or

develop new and relevant skills and knowledge.

 

      Section 3. Continuing

Education Requirements. (1) A registrant shall acquire fifteen (15) hours of

continuing education annually.

      (2) A registrant may

be credited for a maximum of seven and one-half (7 1/2) hours of continuing

education for a tour annually.

      (3) A registrant may

carry forward a maximum of fifteen (15) hours of continuing education to meet

the subsequent year's requirements. Tour hours shall not be carried forward

into subsequent years.

 

      Section 4. Approval

of Continuing Education Programs. (1) The board shall:

      (a) Approve a

continuing education program that it determines:

      1. Is relevant to

the practice of landscape architecture; and

      2. Furthers the

competence of a registrant; and

      (b) Determine the

number of continuing education hours allowed.

      (2)(a) Before the

continuing education program is offered, a sponsor shall submit a Continuing

Education Preapproval Request and Affidavit (Form #CE-2) with a copy of the

hand-out materials and agenda and a description of the presenter, teacher, or

speaker.

      (b) A sponsor shall

not offer, present, or advertise a program as a continuing education program

that meets the continuing education requirements for a registrant unless it has

obtained the approval of the board.

      (3) A registrant who

completes an educational program that has not been submitted to the board for

prior approval shall receive continuing education credit if:

      (a) The registrant

submits to the board a Continuing Education Preapproval Request and Affidavit

(Form #CE-2) with a copy of the course materials, agenda, a description of the

course, qualifications of the presenter, examination if one (1) was given; and

      (b) The board

determines that the program meets the requirements of a continuing education

program.

      (4) Continuing

education credits shall be given for one-half (1/2) the number of hours, not to

exceed seven and a half (7 1/2) hours, of a tour if the registrant has:

      (a) Submitted to the

board:

      1. A description of

the tour; and

      2. The board

determines that the tour meets the requirements of a continuing education

program.

 

      Section 5. (1)

Continuing education activities may include a college or university course:

      (a) The conversion of university credits

to continuing education hours shall be:

      1. One (1) university quarter hour of

credit shall equal thirty (30) continuing education hours.

      2. One (1) university semester hour of

credit shall equal forty-five (45) continuing education hours.

      (2)(a) A landscape

architect who prepares and teaches a continuing education course shall be

credited with twice the number of hours equal to the time spent teaching the

course.

      (b) Credit shall not

be given for repeated instruction of the same course.

 

      Section 6. Reporting

of Continuing Education Activities. (1) Upon license renewal, a registrant

shall report continuing education activities for the continuing education

period ending June 30.

      (2) The report of

continuing education activities shall include:

      (a) Name of

activity;

      (b) Date of

activity;

      (c) Location of

activity; and

      (d) Continuing

education hours earned.

      (3) The report of

continuing education activities shall be made on a "Continuing Education

Approval Request and Affidavit Form (Form #CE-1)."

      (4) The report of

continuing education activities shall be:

      (a) Signed by the

registrant; and

      (b) Affixed with the

registrant's seal.

      (5) A registrant

shall maintain for two (2) continuing education years documentation verifying

successful completion of the annual requirement.

 

      Section 7.

Verification of Continuing Education Activities. (1) Following each renewal

period, the board shall require between five (5) and fifteen (15) percent of

the registrants, chosen randomly, to furnish documentation of the completion of

the appropriate number of continuing education hours for the previous renewal

period, including hours carried forward from the previous year.

      (2) Documentation of

attendance and participation in a continuing education activity shall be made

by submission of an official document, including a:

      (a) Transcript;

      (b) Certificate of

attendance;

      (c) Affidavit signed

by the instructor;

      (d) Receipt for a

fee paid to a sponsor; or

      (e) A written

summary of attendance and participation.

      (3) If not previously

approved, the board shall determine whether the continuing education program

submitted is relevant to the practice of landscape architecture and furthers

the competence of the registrant.

      (a) If the activity

qualifies as continuing education, the board shall include the number of hours

earned for that activity in determining if the applicant obtained the required

fifteen (15) hours of continuing education.

      (b) If the activity

does not qualify as continuing education, the board shall deduct the number of

hours claimed for that activity from the total number of hours earned by the

registrant. After this calculation, if a registrant does not have the required

fifteen (15) hours of continuing education, the board shall send written

notification to the registrant that:

      1. The registrant

did not meet the continuing education requirements because an activity listed

on the applicant's form as a continuing education activity did not qualify for

continuing education credit; and

      2. The board shall

suspend his license if the requirements of subsection (4) of this section are

not met.

      (4) The license of

the registrant shall be suspended if the registrant fails to:

      (a) Complete the

required number of continuing education hours within sixty (60) days of the

notification from the board; and

      (b) Submit to the

board a completed and updated "Continuing Education Approval Request and

Affidavit Form" (Form #CE-1) within sixty-five (65) days of the

notification from the board.

 

      Section 8.

Reciprocity. Credit for continuing education earned by a registrant who does

not reside in Kentucky shall be granted if the registrant meets all the

requirements of this administrative regulation.

 

      Section 9. Exempt

Registrant. (1) A registrant shall be exempt from the continuing education

requirements:

      (a) For the period

of initial licensure;

      (b) During the

period of time in which the registrant has an inactive license in accordance

with the provisions of Section 10 of this administrative regulation; or

      (c) If the board

approves a written request for an exemption submitted by the registrant in

accordance with the provisions of subsection (2) of this section.

      (2) A registrant may

request an exemption from the continuing education requirements by submitting

written document that the registrant was:

      (a) Employed or

assigned to duty outside the United States for a period exceeding 120

consecutive days during the calendar year; or

      (b) Unable to

complete the requirements because of:

      1. Physical

disability;

      2. Personal illness;

or

      3. Illness of a

family member or dependent.

 

      Section 10. Inactive

License. (1) A registrant may choose to inactivate his license.

      (2) During the

period a license is inactive, a registrant shall:

      (a) Be exempt from

the provisions of this administrative regulation; and

      (b) Not practice

landscape architecture.

 

      Section 11.

Reinstatement of Suspended or Inactive License. (1) Prior to reinstatement of a

suspended or inactive license, a registrant shall complete the number of

continuing education hours required for the annual renewal of the license times

the number of years the license was suspended or inactive.

      (2) The number of

continuing education hours required by subsection (1) of this section shall not

exceed thirty (30) hours.

 

      Section 12.

Incorporation by Reference. (1) The following material is incorporated by

reference:

      (a) "Continuing

Education Approval Request and Affidavit Form" (Form #CE-1), May 2002

edition; and

      (b) "Continuing

Education Preapproval Request and Affidavit Form" (Form #CE-2), May 2002

edition.

      (2) This material

may be inspected, copied, or obtained, subject to applicable copyright law, at

Kentucky State Board of Examiners and Registration of Landscape Architects, 301

East Main Street, Lexington, Kentucky 40507, Monday through Friday, 8 a.m. to

4:30 p.m. (18 Ky.R. 1726; Am. 2524; eff. 1-29-92; 24 Ky.R. 134; 563; eff. 11-14-97;

25 Ky.R. 1433; 2126; eff. 5-14-99; 29 Ky.R. 1007; 1522; eff. 12-18-02.)