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:
(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.)