legal aspects

PRACTICE OF LA AND USE OF THE TITLE

Title VIII of the New York State Education Law addresses the professions and under Article 148, Section 7322, protects the practice of landscape architecture, and requires that only licensed, registered Landscape Architects may render or offer to render landscape architectural services.

New York State law also protects the use of the title "landscape architect" and prohibits anyone who is not a licensed landscape architect from using this title in any way (Article 148, Section 7322).

This means that if you are not a licensed landscape architect, you may not use the title "landscape architect" nor imply that you are one. If you are not a licensed landscape architect and not currently registered with the State Education Department, you may not provide landscape architectural services to a client or offer to provide landscape architectural services. This means that you cannot advertise or call yourself by such titles as "landscape architectural draftsperson" and offer services like "all phases of landscape architectural design and drafting" or provide "landscape architectural design services".

UNAUTHORIZED ACTS ARE CRIMES

The following unauthorized acts are crimes under New York State Law (Article 130):

• Unauthorized practice of a regulated profession (Section 6512)
• Unauthorized use of a professional title (Section 6513)
• Aiding and abetting (Sections 6512 and 6513).

Unauthorized practice, unauthorized use of a professional title, and aiding and abetting unauthorized practice or unauthorized use of a professional title are class E felonies and subject to criminal proceedings (Section 6514).

REPORTING PROFESSIONAL MISCONDUCT OR ILLEGAL PRACTICES

You may verify the licensure/registration of a landscape architect by calling the State Education Department (518) 474-3817. If you suspect illegal practice by a non licensed individual or business, you may call (1-800) 442-8106 or (212) 951-6400 to report illegal practice or professional misconduct.

NYS LANDSCAPE ARCHITECTURE PRACTICE GUIDELINES

The New York State Board for Landscape Architecture and the Education Department’s (NYSED) Office of the Professions recently completed the Practice Guidelines for Landscape Architects Licensed and Registered in New York.  This publication is the result of two years of effort for the State Board and the NYSED.  We will also be distributing to licensees, CLARB, the New York ASLA Chapters, National ASLA, and the three Schools of Landscape Architecture in New York at Cornell, ESF, and City College.