201 KAR 19:087 - Continuing education
RELATES TO: KRS 323.110(1), 323.120(1)(g), 323.210(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 323.210(3) authorizes the board to establish continuing education requirements. This administrative regulation establishes continuing education requirements and establishes standards for the licensing of an architect for board licensees.
Section 1. Definitions.
(1) "Continuing education" or "CE" means
post-licensure learning that enables a licensed architect to increase or update
knowledge of and competence in technical and professional subjects related to
the practice of architecture to safeguard the public's health, safety, and
welfare.
(2) "Continuing education
hour" or "CEH" means a:
(a) Unit equal to
sixty (60) minutes clock time for the taking of an examination; or
(b) Customary time of completion prescribed
by an examination vendor, if the board finds the time to be
reasonable.
(3) "Health,
safety, and welfare subjects" means technical and professional subjects that
the board finds appropriate to safeguard the public and that are within the
following enumerated areas necessary for the proper evaluation, design,
construction, and utilization of buildings and the built environment:
(a) Building Systems: Structural, Mechanical,
Electrical, Plumbing, Communications, Security, Fire Protection;
(b) Construction Contract Administration:
Contracts, Bidding, Contract Negotiations;
(c) Construction Documents: Drawings,
Specifications, Delivery Methods;
(d) Design: Urban Planning, Master Planning,
Building Design, Site Design, Interiors, Safety and Security
Measures;
(e) Environmental: Energy
Efficiency, Sustainability, Natural Resources, Natural Hazards, Hazardous
Materials, Weatherproofing, Insulation;
(f) Legal: Laws, Codes, Zoning, Regulations,
Standards, Life Safety, Accessibility, Ethics, Insurance to protect Owners and
Public;
(g) Materials and Methods:
Construction Systems, Products, Finishes, Furnishings, Equipment;
(h) Occupant Comfort: Air Quality, Lighting,
Acoustics, Ergonomics;
(i)
Pre-Design: Land Use Analysis, Programming, Site Selection, Site and Soils
Analysis, Surveying; or
(j)
Preservation: Historic, Reuse, Adaptation.
(4) "Relevant topic" means an area which is
particularly focused on the health, safety, and welfare of the public utilizing
structured educational activities intended to increase or update the
architect's knowledge and competence in health, safety, and welfare
subjects.
(5) "Structured
educational activities" means educational activities in which at least
seventy-five (75) percent of an activity's content and instructional time is
devoted to health, safety, and welfare subjects related to the practice of
architecture, including courses of study or other activities under the areas
identified as health, safety, and welfare subjects and provided by qualified
individuals or organizations, whether delivered by direct contact or distance
learning methods.
Section
2. Purpose. The purpose of this continuing education program is to
ensure that all licensed architects remain informed on technical and
professional subjects that the board finds appropriate to safeguard life,
health, property, and welfare of the public.
Section 3. Scope and Exemptions.
(1) To annually renew a license, an architect
licensed in Kentucky shall comply with this administrative regulation unless
the licensee is exempted by one (1) of the following reasons:
(a) The licensee is exempted as a first time
registrant by:
1. Examination; or
2. Reciprocity;
(b) The licensee has applied for or is
renewing as an architect emeritus who:
1. Is
at least sixty-five (65) years old;
2. Has requested architect emeritus status at
the beginning of the license renewal period; and
3. Has retired from practice in all
jurisdictions and is not conducting an active practice in any
jurisdiction;
(c) The
licensee is a civilian who serves on active duty in the United States Armed
Forces for a period of time exceeding ninety (90) consecutive days during the
annual report period; or
(d) The
licensee is a registrant of another National Council of Architectural
Registration Boards' jurisdiction that has a required continuing education
program, if:
1. It accepts Kentucky
requirements to satisfy its continuing education requirements; and
2. The licensee certifies that all
requirements for current continuing education compliance and registration have
been met in that jurisdiction.
(2) A hardship case may be considered by the
board.
Section 4.
Requirements.
(1) A licensed Kentucky
architect shall:
(a) Obtain a total of at
least twelve (12) CEHs per year; and
(b) Report these credits as a condition for
license renewal.
(2)
Beginning with calendar year 2017, the continuing education requirement of
subsection (1) of this section shall be satisfied during the period beginning
January 1 and ending December 31 of the previous calendar year.
(3) CEHs shall not be carried over into the
next reporting period for credit.
(4) A minimum of twelve (12) CEHs shall
consist of structured educational activities on relevant topics addressing
health, safety, and welfare subjects as referenced in Section 1(3) of this
administrative regulation.
Section
5. Reporting and Recordkeeping.
(1) The following shall be submitted by an
applicant for renewal of a license:
(a) A
completed continuing education certification statement of compliance with the
annual continuing education requirements portion of the completed Architect
License Renewal Application;
(b)
The completed Architect License Renewal Application or online renewal on the
board's Web site at http://boa.ky.gov;
and
(c) The renewal fee required by
201 KAR 19:085.
(2) The following shall be
submitted by an applicant for the reinstatement of a license previously
administratively revoked:
(a) A completed
continuing education certification statement of compliance with the annual
continuing education requirements portion of the completed and notarized
Architect License Reinstatement-Restoration Application listing the completed
courses for the number of credits required. A reinstatement of a license
revoked for one (1) year or less shall require reporting twelve (12) CEHs
minimum. A reinstatement of a license revoked for one (1) year or more shall
require reporting twenty-four (24) CEHs minimum;
(b) The completed and notarized Architect
License Reinstatement-Restoration Application;
(c) The reinstatement application fee plus
the applicable annual renewal fee required by
201 KAR 19:085 for each year
since the date of revocation; and
(d) A two (2) inch by two (2) inch or larger
passport quality color photograph of the applicant affixed to the
application.
(3) The
following shall be submitted by an applicant for the restoration of a license
previously voluntarily surrendered:
(a) A
completed continuing education certification statement of compliance with the
annual continuing education requirements portion of the completed and notarized
Architect License Reinstatement-Restoration Application listing the completed
courses for the number of credits required. The restoration of a license
voluntarily surrendered for one (1) year or less shall require reporting twelve
(12) CEHs minimum. The restoration of a license voluntarily surrendered for
more than one (1) year shall require reporting twenty-four (24) CEHs
minimum;
(b) The completed and
notarized Architect License Reinstatement-Restoration Application;
(c) The applicable restoration application
fee plus the current annual renewal fee required by
201 KAR 19:085;
and
(d) A two (2) inch by two (2)
inch or larger passport quality color photograph of the applicant affixed to
the application.
(4) An
incomplete submission shall be returned to the applicant.
(5) A random sample of annual reports of
architect's continuing education certifications shall be audited to ensure
accuracy and compliance. Any licensee audited shall submit a completed
Architect Continuing Education Annual Report issued by the board with proof of
continuing education activities attached.
(6) The licensee shall:
(a) Be responsible for retaining proof of
participation in continuing education activities;
(b) Retain a record for continuing education
for a period of five (5) years from the date of submission of the annual report
to the board; and
(c) Furnish
copies of continuing education records on the request of the board for audit
purposes.
(7) Proof of
participation in continuing education activities shall include:
(a) A log showing the:
1. Activity claimed;
2. Sponsoring organization;
3. Location; and
4. Duration;
(b) An attendance certificate;
(c) A signed attendance receipt;
(d) A paid receipt; and
(e) A list of attendees signed by a person in
charge of the activity.
(8) Disallowances. If continuing education
credit is disallowed, the licensee shall have thirty (30) calendar days after
notification to:
(a) Substantiate the
original claim; or
(b) Earn other
continuing education credit to meet the minimum requirements.
Section 6.
Noncompliance and Sanctions.
(1) Failure to
fulfill the continuing education requirements, file the required Architect
License Renewal Application or the Architect License Reinstatement-Restoration
Application, properly completed and signed, or file the Architect Continuing
Education Annual Report as required by an audit, properly completed and signed,
shall result in the board imposing any combination of the following sanctions:
(a) Nonrenewal;
(b) Denial of reinstatement or
restoration;
(c) Probation;
or
(d) Suspension of the license
and the issuance of a reprimand.
(2) A licensee found to be deficient on CEHs
following a continuing education audit shall be fined a civil penalty of $250
for the first deficient CEH and fifty (50) dollars for each deficient CEH
thereafter.
Section 7.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Architect Continuing Education Annual Report", 2015;
(b) "Architect License Renewal Application",
2015; and
(c) "Architect License
Reinstatement-Restoration Application", December 2015.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Kentucky Board of
Architects, 155 East Main Street, Suite 300, Lexington, Kentucky 40507, Monday
through Friday, 8 a.m. to 4:00 p.m.
Notes
STATUTORY AUTHORITY: KRS 323.210(2), (3)
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