SECTION 3.142. Competence

(a) A Landscape Architect shall undertake to perform a professional service only when the Landscape Architect, together with those whom the Landscape Architect shall engage as consultants, is qualified by education and/or experience in the specific technical areas involved. During the delivery of a professional service, a Landscape Architect shall act with reasonable care and competence and shall apply the technical knowledge and skill which is ordinarily applied by reasonably prudent landscape architects practicing under similar circumstances and conditions.

(b) A Landscape Architect shall not affix his/her signature or seal to any landscape architectural plan or document dealing with subject matter in which he/she is not qualified by education and/or experience to form a reasonable judgment.

(c) "Gross Incompetency" shall be grounds for disciplinary action by the Board. A Landscape Architect may be found guilty of "Gross Incompetency" under any of the following circumstances:

(1) the Landscape Architect has engaged in conduct that provided evidence of an inability or lack of skill or knowledge necessary to discharge the duty and responsibility required of a Landscape Architect;

(2) the Landscape Architect engaged in conduct which provided evidence of an extreme lack of knowledge of, or an inability or unwillingness to apply, the principles or skills generally expected of a reasonably prudent landscape architect under the same or similar circumstances and conditions;

(3) the Landscape Architect has been adjudicated mentally incompetent by a court; or

(4) pursuant to §3.150(b) of this title (relating to Substance Abuse).

Source Note: The provisions of this §3.142 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective March 3, 2013, 38 TexReg 1182