Section 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.