§ 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
requirements 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 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,
adjustment 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
determined by the department, shall be exempt from the mandatory
continuing education requirement upon the filing of a statement with the
department declaring such status. Any licensee who returns to the
practice of landscape 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
registration 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
education 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
thousand 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.

3. The department, in its discretion, may issue a conditional
registration 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
registration shall be the same as, and in addition to, the fee for the
triennial 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
registration, 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 contribute to professional practice in landscape architecture and
which meet the standards prescribed by regulations of the commissioner.
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.

6. The mandatory continuing education fee shall be forty-five dollars,
shall be payable on or before the first day of each triennial
registration period, and shall be paid in addition to the triennial
registration fee required by section seventy-three hundred twenty-four
of this article.