Relates to continuing education requirements for landscape architects, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7561
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to  continuing  education
   requirements for landscape architects
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 7328 of the education law, as added by chapter  683
 of the laws of 2005, is amended to read as follows:
   §  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  require-
 ments  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] 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  deter-
 mined  by  the department, shall be exempt from the mandatory continuing
 education requirement upon the filing of a statement with the department
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10831-02-5
 A. 7561                             2
 
 declaring such status. Any licensee who returns to the practice of land-
 scape 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  regis-
 tration  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 educa-
 tion 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 thou-
 sand  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]  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 regis-
 tration 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  regis-
 tration shall be the same as, and in addition to, the fee for the trien-
 nial  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 regis-
 tration, 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]  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 PRAC-
 TICE OF ANOTHER LICENSED PROFESSION DOES NOT AUTHORIZE A LICENSED  LAND-
 SCAPE  ARCHITECT  TO  LAWFULLY  PRACTICE  A PROFESSION THAT THEY ARE NOT
 AUTHORIZED TO PRACTICE AS DEFINED IN SECTION SEVENTY-THREE HUNDRED TWEN-
 TY-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.
 A. 7561                             3
 
   6. The mandatory continuing education fee shall be forty-five dollars,
 shall  be payable on or before the first day of each triennial registra-
 tion period, and shall be paid in addition to the triennial registration
 fee required by section seventy-three hundred twenty-four of this  arti-
 cle.
   §  2.  This  act shall take effect eighteen months after it shall have
 become a law. Effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.