Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 10 - Board of Landscape Architects › Section 201 KAR 10:030 - Code of ethics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				323A.110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				323A.110(1)(b) authorizes
				the board to discipline a licensee for unprofessional conduct.
				KRS
				323A.210 authorizes the board to adopt
				reasonable administrative regulations not inconsistent with KRS Chapter 323A
				but which are necessary to carry out the provisions of KRS Chapter 323A. This
				code of ethics is intended to establish guidelines for the determination of
				unprofessional conduct by landscape architects practicing in the state and for
				the protection of the public they will be serving.
Section 1. Code of Ethics.
(1) A violation of this code of ethics shall
			 be considered unprofessional conduct pursuant to
			 KRS
			 323A.110(1)(b).
(2) The landscape architect shall conduct his
			 practice in order to protect the life, health, property and welfare of the
			 public and shall at all times recognize that his primary obligation is to
			 protect the life, health, property and welfare of the public in the performance
			 of his professional duties. If his landscape architectural judgment is
			 overruled under circumstances where the safety, health and welfare of the
			 public are endangered, he shall inform his employer of the possible
			 consequences and notify any other proper authority of the situation, as may be
			 appropriate.
(3) The landscape
			 architect shall perform his services only in areas of his competence.
(a) The landscape architect shall perform
			 landscape architectural assignments only when qualified by education or
			 experience in the specific technical field of professional landscape
			 architecture involved;
(b) The
			 landscape architect may accept an assignment requiring education or experience
			 outside of his own field of competence, but only to the extent that his
			 services are restricted to those phases of the project in which he is
			 qualified. All other phases of that project shall be performed by qualified
			 associates, consultants, or employees;
(c) The landscape architect shall not affix
			 his signature or seal to any landscape architectural plan or document dealing
			 with subject matter to which he lacks competence by virtue of education or
			 experience, or to any such plan or document not prepared under his direct
			 supervisory control; and
(d) It
			 shall be the responsibility of the licensee to demonstrate competence in the
			 specific technical field in which the licensee is practicing.
(4) The landscape architect shall
			 be completely objective and truthful in all professional reports, and shall
			 include all relevant and pertinent information in those reports.
(5) The landscape architect shall avoid
			 conflicts of interest:
(a) The landscape
			 architect shall avoid all conflicts of interest with his employer or client and
			 shall promptly inform his employer or client of any business association,
			 interests, or circumstances which could influence his judgment or the quality
			 of his services;
(b) The landscape
			 architect shall not accept compensation, financial or otherwise, from more than
			 one (1) party for services pertaining to the same project, unless the
			 circumstances are fully disclosed to, and agreed to, by all interested
			 parties;
(c) The landscape
			 architect shall not solicit or accept financial or other valuable
			 considerations from material or equipment suppliers for specifying their
			 products;
(d) The landscape
			 architect shall not solicit or accept gratuities, directly or indirectly, from
			 contractors, their agents, or other parties dealing with his client or employer
			 in connection with work for which he is responsible;
(e) When in public service as a member,
			 advisor, or employee of a governmental body or department, the landscape
			 architect shall not participate in considerations or actions with respect to
			 services provided by him or his organization in private landscape architectural
			 practices;
(f) The landscape
			 architect shall not solicit or accept a landscape architectural contract from a
			 governmental body on which a principal or officer of his organization serves as
			 a member; or
(g) The landscape
			 architect shall not attempt to supplant another landscape architect after
			 definite steps have been taken by a client toward the latter's employment and
			 he shall not accept a commission for which another landscape architect has been
			 employed without first conclusively determining that the latter's employment
			 has been terminated.
(6)
			 The landscape architect shall solicit or accept work only on the basis of his
			 qualifications.
(a) The landscape architect
			 shall not offer to pay, either directly or indirectly, any commission,
			 political contribution, or a gift, or other consideration in order to secure
			 work, exclusive of securing salaried positions through employment
			 agencies.
(b) The landscape
			 architect shall seek professional employment on the basis of qualification and
			 competence for proper accomplishment of the work.
(c) The landscape architect shall not falsify
			 or permit misrepresentation of his, or his associates', academic or
			 professional qualifications. He shall not misrepresent or exaggerate his degree
			 of responsibility in or for the subject matter of prior assignments. Brochures
			 or other presentations incident to the solicitation of employment shall not
			 misrepresent pertinent facts concerning employers, employees, associates, joint
			 ventures, or his or their past accomplishments with the intent and purpose of
			 enhancing his qualifications and his work.
(7) In the practice of landscape
			 architecture, a landscape architect shall associate only with reputable persons
			 or organizations.
(a) The landscape architect
			 shall not knowingly associate with or permit the use of his name or firm in a
			 business venture by any person or firm which he knows, or has reason to
			 believe, is engaging in business or professional practices of a fraudulent or
			 dishonest nature, or in violation of these administrative regulations;
			 or
(b) If the landscape architect
			 has knowledge or reason to believe that another person or firm may be in
			 violation of any of these provisions or KRS Chapter 323A, he shall present that
			 information to the board in writing and shall cooperate with the board in
			 furnishing any further information or assistance as may be required by the
			 board.