SECTION 3.69. Continuing Education Requirements

(a) For the purposes of this Section, the following definitions shall apply:

(1) Approved Subject Areas - The following are the Approved Subject Areas for qualifying continuing education:

(A) Building codes;

(B) Code of ethics;

(C) Codes, acts, laws, and regulations governing the practice of Landscape Architecture;

(D) Construction administration, including construction contracts;

(E) Construction documents;

(F) Design of environmental systems;

(G) Environmental process and analysis;

(H) Erosion control methods;

(I) Grading;

(J) Horticulture;

(K) Irrigation methods;

(L) Land planning and land use analysis;

(M) Landscape preservation, landscape restoration and adaptive reuse;

(N) Lateral forces;

(O) Natural hazards - impact of earthquake, hurricane, fire, or flood related to site design;

(P) Pedestrian and vehicular circulation;

(Q) Planting design;

(R) Resource conservation and management;

(S) Roadway design principles;

(T) Site accessibility, including Americans with Disabilities Act standards for accessible site design;

(U) Site and soils analysis;

(V) Site design and engineering, including materials, methods, technologies, and applications;

(W) Site security and safety;

(X) Storm water management, surface and subsoil drainage;

(Y) Structural systems considerations;

(Z) Surveying methods and techniques as they affect Landscape Architecture;

(AA) Sustainable design, including techniques related to energy efficiency;

(BB) Use of site materials and methods of site construction;

(CC) Vegetative management;

(DD) Wetlands;

(EE) Zoning as it relates to the improvement and/or protection of the public health, safety, and welfare;

(FF) Other matters of law and ethics that contribute to the health, safety, and welfare of the public;

(2) Health, Safety, and Welfare - Subject matter applying to the principles of mathematical, physical, and social sciences in consultation, evaluation, planning, design (including, but not limited to, the preparation and filing of plans, drawings, specifications, and other contract documents), and administration of contracts relative to projects principally directed at the functional and aesthetic use and preservation of land.

(3) Structured Course Study - Courses of study relevant to the practice of Landscape Architecture, taught or otherwise provided by qualified individuals or organizations, delivered by direct, in-person contact or through distance learning methods, the completion of which results in the issuance of a certificate or other record of attendance to the Landscape Architect by the provider.

(4) Self-Directed Study - Time spent by a Landscape Architect developing knowledge and skills relevant to the practice of Landscape Architecture that does not qualify as Structured Course Study.

(b) During each calendar year between January 1 and December 31, a Landscape Architect shall complete a minimum of 12 qualifying continuing education program hours (CEPH) according to the requirements of this section. Each hour of continuing education applied to this requirement shall directly relate to Health, Safety, and Welfare.

(c) Of the 12 qualifying CEPH, each Landscape Architect shall complete a minimum of one CEPH relating to Barrier-Free Design and one CEPH relating to Sustainable or Energy-Efficient Design.

(d) Of the 12 qualifying CEPH, each Landscape Architect shall complete a minimum of eight CEPH in Structured Course Study.

(1) Each hour of Structured Course Study shall address one or more Approved Subject Areas and at least 45 minutes of every hour of CEPH shall directly relate to Health, Safety, and Welfare.

(2) Examples of Structured Course Study include the following:

(A) Attendance at continuing education courses dealing with technical landscape architectural subjects related to the Landscape Architect's profession, ethical business practices, or new technology.

(B) The completion of college or university credit courses addressing landscape architectural subjects, ethical business practices or new technology. Each semester or quarter credit hour shall equal one CEPH.

(e) Of the 12 qualifying CEPH, each Landscape Architect may claim a maximum of four hours of Self-Directed Study. Examples of Self-Directed Study may include the following:

(1) Reading written material or reviewing audio, video, or digital media that develops knowledge and skills relevant to the practice of Landscape Architecture but does not qualify as Structured Course Study;

(2) Time spent in landscape architectural research for publication or formal presentation to the profession or public;

(3) Time spent in professional service to the general public that draws upon the Landscape Architect's professional expertise, such as serving on planning commissions, building code advisory boards, urban renewal boards, code study committees, or educational outreach activities;

(4) Time spent preparing to teach or teaching landscape architectural courses. A Landscape Architect may not claim credit for preparing for or teaching the same course more than once; and

(5) One CEPH may be claimed for attendance at one full-day session of a meeting of the Texas Board of Architectural Examiners.

(f) A Landscape Architect may be exempt from continuing education requirements for any of the following reasons:

(1) A Landscape Architect shall be exempt upon initial registration and upon reinstatement of registration through December 31st of the calendar year of his/her initial or reinstated registration;

(2) An inactive or emeritus Landscape Architect shall be exempt during any calendar year in which the Landscape Architect's registration is in inactive or emeritus status, but all continuing education credits for each period of inactive or emeritus registration shall be completed before the Landscape Architect's registration may be returned to active status;

(3) A Landscape Architect who is not a full-time member of the Armed Forces shall be exempt for any calendar year during which the Landscape Architect serves on active duty in the Armed Forces of the United States for a period of time exceeding 90 consecutive days;

(4) A Landscape Architect who has an active landscape architectural registration in another jurisdiction shall be exempt from mandatory continuing education program requirements in Texas for any calendar year during which the Landscape Architect satisfies the other jurisdiction's continuing education program requirements, provided that the other jurisdiction's continuing education requirements are substantially equivalent to Texas requirements. Notwithstanding this exemption, the Landscape Architect shall complete one CEPH relating to Barrier-Free Design and one CEPH relating to Sustainable or Energy-Efficient Design; or

(5) A Landscape Architect who is, as of September 1, 1999, a full-time faculty member or other permanent employee of an institution of higher education, as defined in §61.003, Education Code, and who in such position is engaged in teaching Landscape Architecture.

(g) A Landscape Architect shall maintain a detailed record of the Landscape Architect's continuing education activities, including all course completion certificates documenting completion of Structured Course Study and a record of Self-Directed Study including a date and description of the claimed activity, for a period of five years after the end of the calendar year for which credit is claimed.

(h) When renewing his/her annual registration, a Landscape Architect shall complete an attestation regarding the Landscape Architect's compliance with minimum continuing education requirements. A Landscape Architect may attest to compliance and shall be considered compliant with continuing education requirements if:

(1) The Landscape Architect fulfilled minimum continuing education program requirements during the immediately preceding calendar year according to the requirements of this Section; or

(2) The Landscape Architect failed to fulfill minimum continuing education program hours during the immediately preceding calendar year, but prior to renewing his/her registration in the current calendar year, the Landscape Architect:

(A) Completed sufficient qualifying CEPH to correct any deficiency for the prior calendar year (which will be applied to the previous calendar year and cannot be applied to the current calendar year requirement); and

(B) Completed 12 hours of qualifying CEPH to be applied to the current calendar year requirement.

(i) Upon written request, the Board may require a Landscape Architect to produce documentation to prove that the Landscape Architect has complied with the minimum continuing education program requirements.

(1) Board staff will review a Landscape Architect's response to such a request to determine whether the Landscape Architect is in compliance with this Section.

(2) If a Landscape Architect fails to provide acceptable documentation of compliance within 30 days of a request, the Landscape Architect will be presumed to have not complied with minimum continuing education requirements.

(3) The Board has final authority to determine whether to award or deny credit claimed by a Landscape Architect for continuing education activities.

(j) Violations of continuing education requirements and administrative penalties:

(1) Falsely attesting to compliance with minimum continuing education requirements shall be subject to an administrative penalty in the amount of $500;

(2) Failure to timely complete minimum continuing education requirements shall be subject to an administrative penalty in the amount of $100 for every hour of deficiency per calendar year;

(3) Failure to maintain a detailed record of continuing education activities shall be subject to an administrative penalty of $100 for every hour of claimed continuing education for which a Landscape Architect is unable to provide proof of compliance; and

(4) Failure to timely respond to or comply with a continuing education audit or verification shall be subject to an administrative penalty of $250 per failure.

(k) The administrative penalties identified in subsection (j) of this section are considered appropriate for a first-time violation of continuing education requirements. If a Landscape Architect was previously found to have violated the Board's continuing education requirements in a warning or Order of the Board, the Board may increase the penalty up to a factor of two for a second or subsequent violation, in addition to consideration of suspension or revocation of registration under §3.232 of the Board's rules.

(l) The administrative penalties identified in subsection (j) of this section are to be applied to each individual violation of the Board's continuing education requirements. If a Landscape Architect has committed multiple violations, the Landscape Architect shall be subject to a separate administrative penalty for each violation.

(m) If a Landscape Architect is registered to practice more than one of the professions regulated by the Board and the Landscape Architect completes a continuing education activity that is directly related to more than one of those professions, the Landscape Architect may submit that activity for credit for all of the professions to which it relates. The Landscape Architect must maintain a separate detailed record of continuing education activities for each profession.

(n) A Landscape Architect may receive credit for up to 24 CEPH earned during any single calendar year. A maximum of 12 CEPH that is completed in excess of the continuing education requirements for a calendar year may be carried forward to satisfy the continuing education requirements for the next calendar year.

(o) As the term is defined in §3.29(a) of the Board's rules, a military service member is entitled to two years of additional time to complete any CEPH requirements.

Source Note: The provisions of this §3.69 adopted to be effective April 1, 2021, 46 TexReg 1739