Introduction

PRACTICE GUIDELINES FOR LANDSCAPE ARCHITECTS LICENSED AND REGISTERED IN NEW YORK

The New York State Education Department and the State Board for Landscape Architecture have produced practice guidelines to provide useful information on good and recommended practices in the profession of landscape architecture.  While this information is not a substitute for an understanding of the law, rules and regulations governing the practice of landscape architecture in New York, it is a useful supplement that reflects common professional practice issues and concerns.  These practice guidelines can help landscape architects to better understand what might lead to professional practice complaints and to take steps to eliminate or minimize those situations.

These practice guidelines reflect the collective experience of the members of the State Board for Landscape Architecture along with input from a variety of sources, including landscape architecture organizations and practitioners, landscape architecture educators, Office of the Professions’ staff, and other State Boards for the Professions. 

Practice guidelines provide licensees with general guidance to promote good practice and prevent instances of professional misconduct.1 They can also benefit licensees and consumers by broadening their understanding of the law, rules and regulations that define professional practice, including professional misconduct and unprofessional conduct.

Practice guidelines do not have the force of law.  They are not a substitute for, nor do they have the authority of, Education Law, Regents Rules, or Commissioner’s Regulations.  While the guidelines may be a resource in understanding good professional conduct in relation to the professional discipline process, they may not be used as the basis for a charge of or a defense against a charge of professional misconduct.  A licensee can only be charged with professional misconduct if there is a violation of the Education Law or Regents Rules.  Determinations of which complaints lead to professional misconduct charges are made on a case-by-case basis in accordance with Section 6510 of the Education Law.

For a full understanding of the application of practice guidelines, please review the Deputy Commissioner’s March 1999 memorandum regarding the purpose and use of practice guidelines contained in this packet.

Relevant sections of Education Law are available through the Office of the Professions website at http://www.op.nysed.gov/title8/ .  Part 29 of the Rules of the Board of Regents on Unprofessional Conduct is accessible at http://www.op.nysed.gov/title8/part29.htm .  You may access all New York State Law at http://leginfo.state.ny.us External Link.

We hope you find these Practice Guidelines useful.  If in doubt about the appropriateness of specific practices, you should consult the actual laws, rules or regulations. 

For further information and/or clarification, please contact the New York State Board for Landscape Architecture at http://www.op.nysed.gov/prof/larch/ .


1 Practice guidelines are not intended to establish a standard for the evaluation of issues in civil liability lawsuits involving claims of negligence or malpractice.  The intent is to provide a frame of reference to be used with other appropriate considerations for assessment of issues relating to professional misconduct and unprofessional conduct as defined by law, rules or regulations.

 

Last Updated: November 1, 2016