PROPOSED RULEMAKING
STATE BOARD OF LANDSCAPE ARCHITECTS
[49 PA. CODE CH. 15]
Continuing Education
[28 Pa.B. 3414] The State Board of Landscape Architects (Board) proposes to amend §§ 15.12 and 15.63 and add §§ 15.71--15.82, to read as set forth in Annex A.
A. Effective Date
The amendments will go into effect upon publication as final rulemaking in the Pennsylvania Bulletin. The continuing education requirements would apply to the biennial period commencing June 1, 1999. Licensees would be required to accrue continuing education hours through the 1999--2001 biennium.
B. Statutory Authority
The proposal is made under the authority of section 9.1 of the Landscape Architects Registration Law (act) (63 P. S. § 909.1).
C. Purpose
Section 9.1 of the act requires the Board to adopt regulations which implement a 10-hour mandatory continuing education requirement for biennial renewal, to establish fees necessary to implement the requirement and to establish the initial renewal period for which continuing education will be required.
D. Persons Affected
All licensees seeking to biennially register as a landscape architect with the Board will be affected by this proposal. In addition, persons seeking approval of the Board to offer approved continuing education programs will be required to meet the Board's standards for the content and conduct of courses.
E. Requirements of the Proposal
This proposal would require landscape architects to accrue 10 hours of continuing education in the preceding biennial period as a condition of biennial renewal. The requirement would apply to renewal periods commencing June 1, 2001.
Section 15.12 (relating to fees) adds fees for approval of courses submitted by providers and licensees.
Section 15.63(10) (relating to misconduct) adds, as additional grounds for misconduct, failure to furnish evidence of satisfaction of completion of continuing education as requested by the Board or the furnishing of false or fraudulent information pertaining to the completion of continuing education.
Section 15.71 (relating to definitions) would define the terms biennium, clock hour, office management and provider.
Section 15.72 (relating to requirement for biennial renewal) would establish, as a licensure renewal in 1999 and thereafter, 10 clock hours of continuing education in acceptable courses for the landscape architects as required by section 9.1(b) of the act.
Section 15.73 (relating to acceptable continuing education courses) would describe acceptable courses as being those which enhance the landscape architect's professional skills. A maximum of 5 hours of satellite seminars and electronic presentations are permitted so long as certain requirements are met. It would preclude credit for courses in office management.
Section 15.74 (relating to approval of continuing education providers) would provide for the registration of continuing education providers, establish procedures for the review of provider applications and mandate that applications be submitted 120 days before the date of the course.
Section 15.75 (relating to standards for courses) would establish standards for continuing education programs, including adequate facilities, instructors and course content, and mandate that providers inform the Board of material modification in courses.
Section 15.76 (relating to sources of continuing education courses) would establish a list of approved providers which currently meet established standards and provide for ongoing requirements.
Section 15.77 (relating to licensee application for nonpreapproved continuing education courses) would provide for alternate sources of continuing education submitted by licensees within 60 days prior to the course, establish standards for supporting document and verification of attendance.
Section 15.78 (relating to withdrawal of approval of program sponsors) would provide for withdrawal of approval of program sponsors.
Section 15.79 (relating to reporting of hours spent in continuing education) would provide for the reporting of hours spent in continuing education.
Section 15.80 (relating to retention of records) would require licensees to retain copies of renewal forms and continuing education records for 4 years.
Section 15.81 (relating to waiver) would authorize the Board to waive the continuing education requirement upon written documentation of serious illness, military service or hardship, as required by section 9.1(a) of the act.
Section 15.82 (relating to continuing education requirement for biennial renewal of inactive and lapsed licenses) would require licensees to meet the continuing education requirement for the preceding biennium to reactivate inactive or lapsed licenses.
F. Fiscal Impact and Paperwork Requirement
Registered landscape architects seeking renewal of registration must complete 10 continuing education clock hours. Providers of continuing education courses must submit applications to the Board for approval of programs, along with an appropriate fee. Registered landscape architects must retain continuing education records for 4 years. The Board must maintain records pertaining to provider and course approval and licensees' completion of continuing education. The Board will randomly audit its licensees to ensure compliance.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 8, 1998, the Board submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Committee on Professional Licensure and the Senate Committee on Consumer Protection and Professional Licensure. In addition to submitting the proposed amendments, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of the material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Board within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendments by the Board, the General Assembly and the Governor of objections raised.
H. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Shirley S. Klinger, Board Administrator, State Board of Landscape Architects, Post Office Box 2649, Harrisburg, PA 17105-2649, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
DAVID M. DUTOT, L.A.,
ChairpersonFiscal Note: 16A-612. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 15. STATE BOARD OF LANDSCAPE ARCHITECTS
APPLICATION PROCEDURES § 15.12. Fees.
Following is the schedule of fees charged by the Board:
* * * * * (11) Continuing education provider appli-
cation fee$65 (12) Continuing education licensee appli-
cation fee (non preapproved course)$25
(per clock hour)
PROFESSIONAL OBLIGATIONS, COMPETENCE AND CONDUCT § 15.63. Misconduct.
A landscape architect who is found guilty by the Board of misconduct in the practice of landscape architecture is subject to disciplinary action under section 4(4) of the act (63 P. S. § 904(4)). Misconduct in the practice of landscape architecture includes[, but is not limited to,] the following:
* * * * * (10) Failure to furnish evidence of completion of continuing education as requested by the Board or the furnishing of false or fraudulent information pertaining to the completion of continuing education.
CONTINUING EDUCATION (Editor's Note: Sections 15.71--15.82 are new. They have been printed in regular type to enhance readability.)
§ 15.71. Definitions.
The following words and terms, when used in this section and §§ 15.72--15.82 (relating to continuing education), have the following meanings, unless the context clearly indicates otherwise:
Biennium--The period from June 1 of an odd-numbered year to May 31 of the next odd-numbered year.
Clock hour--Fifty minutes of instruction or participation in an approved course, not including keynote speeches, luncheon speeches or breaks and marketing or product presentations.
Office management--Activity supportive of administrative or business activities and not related to professional practice including bookkeeping, business development, finance, marketing, taxes, human resources and the use of office equipment or computers.
Provider--An agency, organization, institution or association approved by the Board to offer an organized course.
§ 15.72. Requirement for biennial renewal.
As a condition of biennial renewal commencing with the 2001 biennium and thereafter, licensees shall have completed during the preceding biennium 10 hours of continuing education in acceptable courses offered by approved providers.
§ 15.73. Acceptable continuing education courses.
(a) Only courses approved by the Board will be accepted for continuing education credit. The licensee is responsible for ascertaining the approved status of the provider before undertaking a continuing education activity.
(b) Acceptable subject matter for continuing education courses is limited to courses pertaining to the enhancement of the landscape architect's professional skills. The Board will not approve courses in office management.
(c) The Board will accept no more than 5 credit hours per biennium of satellite seminars and electronic presentations if the hours comply with this chapter and meet the following requirements:
(1) Satellite seminars viewed at other sites by electronic transmission shall have a moderator present or available by telecommunication facility.
(2) Electronic presentations shall consist of television viewing, use of computers, telecommunications and related correspondence work at any location which provides a mechanism to test or evaluate the licensee's successful completion of the credit hours.
§ 15.74. Approval of continuing education providers.
(a) An agency, organization, institution or association seeking to offer an organized course may apply to the Board for approval as a provider per biennium.
(b) An applicant for Board approval as provider of a course shall submit an application, accompanied by the fee in § 15.12 (relating to fees), at least 120 days before the date of the course.
(c) The application shall include the following information:
(1) The full name and address of the provider applicant.
(2) The title of the course and subjects covered.
(3) The dates and location of the course.
(4) The instructor's name, titles, affiliations and degrees.
(5) The schedule of the course, syllabus and time allocated.
(6) The total number of clock hours requested.
(7) The method of certifying attendance.
(8) The course coordinator.
(9) The materials used in the instruction of the course which shall be attached to the application.
(10) The evidence of meeting the standards in § 15.75 (relating to standards for courses).
(d) Applicants seeking approval for satellite seminars or electronic presentations shall provide materials relating to compliance with § 15.73(c) (relating to acceptable continuing education courses).
(e) Disapproval of a course will include a statement setting forth the reasons for the disapproval. Provider applicants may submit new applications which shall document alterations made to meet Board requirements.
§ 15.75. Standards for courses.
(a) Providers shall supply adequate facilities that provide physical access to licensees in conformance with applicable law except for electronic presentations provided for in § 15.73(c)(2) (relating to acceptable continuing education courses).
(b) Providers shall insure that instructors are qualified.
(c) Providers seeking Board approval of a course shall present evidence that the course has the following:
(1) Subject matter pertaining to the enhancement of the landscape architect's professional knowledge and practice skills.
(2) Procedures to periodically review the qualifications of its instructor and the subject matter to ensure that it is contemporaneous.
(d) Providers shall inform the Board of material modifications in courses.
(e) Providers of satellite seminars or electronic presentations shall comply with § 15.73(c).
§ 15.76. Sources of continuing education courses.
(a) In addition to providers approved under § 15.74 (relating to approval of continuing education providers), the Board finds the following entities meet the standards in § 15.75 (relating to standards for courses). Accordingly, the following are approved providers:
(1) The American Society of Landscape Architects and its affiliates.
(2) The American Nurserymen's Association and its affiliates.
(3) The American Planning Association and its affiliates.
(4) The American Institute of Architects and its affiliates.
(5) The National Council of Examiners for Engineering and Land Surveying and its affiliates.
(6) The National Recreation and Parks Association and its affiliates.
(7) The Urban Land Institute.
(8) Accredited colleges and universities which offer courses in landscape architecture or related fields.
(9) Agencies of the Commonwealth and Federal Government offering training programs in landscape architecture and its related fields.
(b) Approved providers shall submit course materials and fees for courses as provided for in § 15.12 (relating to fees) and § 15.74.
(c) Approved providers shall comply with this chapter.
§ 15.77. Licensee application for nonpreapproved continuing education courses.
(a) The Board will consider approval of a nonpreapproved course submitted by a licensee on a one-time basis per biennium. A licensee shall submit an application for approval and required fee at least 60 days prior to the date the course commences.
(b) The application shall contain the supporting documentation provided in § 15.74 (relating to approval of continuing education providers).
(c) The Board will only consider courses that meet the requirements of this chapter.
(d) The licensee shall submit acceptable documentation of completion of this course to the Board.
§ 15.78. Withdrawal of approval of program sponsors.
The Board may withdraw approval of a provider for failure to comply with this section, failure to supply course information to the Board or its representatives or for other cause. The Board will provide written notice to the provider of the reasons for withdrawal of approval.
§ 15.79. Reporting of hours spent in continuing education.
An applicant for license renewal shall provide the following information on Board-provided forms:
(1) The date attended.
(2) The clock hours claimed.
(3) The title of the course.
(4) The course sponsor.
(5) The location of the course.
§ 15.80. Retention of records.
(a) The licensee shall retain licensure renewal forms and certificates, transcripts or other acceptable documentation of completion of the prescribed number of clock hours for 4 years following completion of the course which shall be produced upon demand by the Board or its auditing agents. The Board will utilize a random audit of renewals to determine compliance with the continuing education requirement.
(b) Acceptable documentation of completion shall consist of a document prepared by the provider indicating continuing education course titles, completion dates and clock hours.
§ 15.81. Waiver.
The Board may waive all or part of the continuing education requirement for biennial renewal upon written documentation of illness, emergency or hardship. A waiver request will be evaluated by the Board on a case-by-case basis. The Board will send written notification of its approval or denial of a waiver request.
§ 15.82. Continuing education requirement for biennial renewal of inactive and lapsed licenses.
A licensee seeking to reinstate an inactive or lapsed license shall show proof of compliance with the continuing education requirement for the preceding biennium.
[Pa.B. Doc. No. 98-1151. Filed for public inspection July 17, 1998, 9:00 a.m.]
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