protecting the public: the regulation of landscape architecture

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Protecting the PublicThe Regulation of Landscape Architecture, INASLA’s Battle With Misconception, and the Allure of Small Government

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IMPACT OF LICENSURE MEANS AN IMPACT TO LANDSCAPE ARCHITECTS: JOBS, BUSINESSES, SALARIES, COMPETITION, TYPES OF WORK, BRAIN DRAIN, WORKING IN AND OUT OF THE STATE, AVAILABLE INSURANCE, LEGAL PROTECTION, ATTRACT STUDENTS AND PROFESSORS, SUCCESS OF UNIVERSITIES, RECIPROCITY, LOST WAGES IMPACT TO THE PUBLIC: HEALTH, SAFETY, WELFARE, PHYSICAL HARM, FINANCIAL HARM, PROPERTY DAMAGE, SUCCESS OF CITIES, SUCCESS OF SMALL BUSINESS, GREATER BURDEN ON OTHER DESIGN PROFESSIONALS, BURDEN OF PUBLIC OVERSIGHT

PROTECTING THE PUBLIC

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Indiana’sJob

Creation Committee

Timeline

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EARLY 2014: JCC REVIEWS ALL IN LICENSES

OCT 2014: JOINT BOARD PRESENTATION WITH AIA(POSITIVE PRESENTATION AND RECEPTION)

JAN 2014: EARLY RECOMMENDATION OF NO CHANGE TO LICENSE OR BOARD

JUNE 02, 2015: QUESTIONS RAISED ABOUT PATHS TO LICENSURE AND PUBLIC HSW

JUNE 17, 2015: RECOMMENDATION MADE TO DEREGULATE LANDSCAPE ARCHITECTURE AND ENGINEERING - TABLED PENDING INPUT FROM UNIVERSITIES

JULY 01, 2015: ANNUAL REPORT NOTES NEED FOR MORE INFORMATION


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Indiana’sJob

Creation Committee

Timeline

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WAIT - THEY RECOMMENDED DEREGULATING LANDSCAPE ARCHITECTURE, SURVEYORS, AND ENGINEERING?!

TELL ME MORE ABOUT HOW THIS CREATES JOBS…


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The Issue With Using

the Seal

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BROAD DEFINITION OF THE PROFESSION: WHAT DO WE DO AND THE CONFUSION IT CREATES

WHO CAN STAMP PLANS AND WHY: LANDSCAPE ARCHITECTS LEFT OUT OF DESIGN PROFESSIONALS DEFINITION

SUBMITTING PLANS FOR REVIEW : FINDING WORK AROUNDS, INSTEAD OF LONG TERM SOLUTIONS


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The Path to LicensureTitle Act of a Practice ActIndiana Process of State RegulationExisting Licensure LawThe Role of Past Efforts in Solving Current Issues

www.asla.org PROTECTING THE PUBLIC

IndianaFrom Title to Practice Act

1998 - 2000

GREEN SINCE 1899www.asla.org

Triggers to move from Title to Practice

Site plans were being rejected by State Building Commissioner (now Homeland Security)

Need to update standards for professional competency

Desire to be consistent with national standards and licensing exam

Desire to update definition of LA services consistent with LA practice


Two-Year Process

First bill in 1999 – received a hearing but not voted out of committee

Legislature requested that the LA and Engineering communities work together to resolve their issues


Issues centered on Scope of Services

Bogged down on meaning of “design”

Engineers: design means production of construction documents

LA’s: design means “design process” as defined by AIA documents


Original Bill definitionLandscape Architect means a person who:1) Is qualified to practice landscape architecture by:

a) Reason of special knowledge;b) Use of biological, physical, mathematical and social sciences; andc) Use of principles and methods of analysis and design of the land

2) Has demonstrated knowledge and ability in the qualificstions described above; and

3) Has been duly licensed as a landscape architect by the board on the basis of professional education; examination; experience in landscape architecture


Original Bill definitionAs used in this chapter, “landscape architecture means acts constituting the practice of professional services to safeguard the life, health or property of the public through consultation, investigation, analysis and assessment, reconnaissance, research, planning, design preparation of drawings, construction documents, and specifications and responsible construction observation of the use, allocation and arrange of land and water resources. Professional service may include the following:

1) Formulation of graphic and written criteria to direct the planning and design of land and water development programs and natural resource conservation including the preparation and analysis of mater, site, subdivision, park, wetland, and conceptual land development plans;

2) Feasibility and site selection studies, reports, infrastructure requirements, stormwater management planning, and reports for development and natural resource conservation


Original Bill definition

3) Integration, site analysis and determination of the settings, grounds and location of buildings and structures, transportation systems and environmental systems.

4) Analysis, design, preparation of construction documents and responsible construction observation associated with site improvements such as:a) pedestrian, bicycle, and low speed vehicular circulation systemsn and

surfaces;b) Minor accessory structures;c) Planting plans;d) Site irrigation; and,e) Location of site utilities


Original Bill definition5) Analysis, design, preparation of construction documents and responsible

construction observation associated with site improvements such as:6) Grading and drainage systems; and7) Systems for erosion and sediment control

6) Design, analysis and remediation recommendations regarding inherent problems of the land, water and natural resources relating to erosion, overuse, blight or other directly associated hazards.

7) Land and natural resource preservation, restoration, conservation, management and development

8) Design coordination and review of the technical submissions, plans and construction documents prepared by other design professional working under the direction of the landscape architect where the landscape architect is the coordinating design professional


Also added:

The state and all of the state’s political subdivisions shall:

1) Accept the stamp of a landscape architect when the landscape architect is submitting plans for approval within the realm of landscape architecture practice

2) Allow the engagement of a landscape architect for work within the realm of landscape architecture practice


This definition of LA Services was not acceptable to the Engineers

Reverted to original language in order to achieve a practice act


TODAY

• Don’t worry about definition – we have a practice act

• Work on getting 5 most important jurisdictions to accept LA’s a project leads

• Be a consistent presence at the legislature speaking about issues important to LA’s


www.asla.org

Regulation of Landscape ArchitectureBackground of the Publication And Its UseRegulation of the Design ProfessionalsEvidence of HarmEvaluation of the Need For RegulationAnalysis of Forms of Regulation


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Improperly, Inadequate, Unsafe, Inappropriate, Errors and Negligence!


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HealthSafety

AndWelfare


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The Black’s Law definition expands the meaning of public welfare by listing six components. Each of these resonates with the goals and practice of landscape architecture.


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Warning:NO PICTURES!


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How many ways can I be sued? Why is my liability insurance so expensive?

Evidence of Harm !


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“Physical injuries, for example have resulted from poor design of outdoor lighting, playgrounds, plantings, parking lots, streetscape, outdoor stairs, decks, walls, earthwork, drainage features, recreational facilities, fencing and many other aspects of landscape architectural design.” p.4

Landscape Architecture:Design of outdoor lighting, playgrounds, plantings, parking lots, streetscape, outdoor stairs, decks, walls, earthwork, drainage features, recreational facilities, fencing and many other aspects of landscape.


Click to edit Master subtitle stylewww.asla.org PROTECTING THE PUBLIC

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YES!PROTECTING THE PUBLIC

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We’ve been misunderstood, and we continue to be misunderstood.

Despite all evidence to the contrary


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ASLACommittee on EducationSTEM Initiative

Landscape ArchitectureIs a STEM DisciplineMalcolm Cairns, FASLASean Rotar, ASLA


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Premise: We’re falling behind and need to support/promote initiatives


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Diverse Issue, and one which is widely embraced


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START EARLY


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AND KEEP UP THE SUPPORT


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THE ENGINEERS GET IT!


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When I grow up I want to be a………………………………..?


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The Big PictureThe world is facing growing challenges of explosive population growth, placing pressure on food systems, sustainability, transport, infrastructure and housing, while climate change affects water systems, plant and animal life.Landscape architects are uniquely placed to meet these challenges head on.They work with the natural environment and not against it, balancing natural and man-made systems and processes. They green our towns and cities, using natural systems to capture carbon emissions, create and enhance beautiful public spaces and parks. They conserve wildlife habitats, support the development of renewable energy projects, and help reduce flood risk to homes and businesses across the country.A career in landscape architecture gives you the chance to work across housing, health, green infrastructure and water management and to create more liveable cities. Explore each of these areas to see what types of challenges landscape architects face: Green Infrastructure Public Health and Landscape

Housing

Water

Be a Landscape Architect!


http://bealandscapearchitect.com/the-big-picture/green-infrastructure/

http://bealandscapearchitect.com/the-big-picture/public-health-and-landscape/

http://bealandscapearchitect.com/the-big-picture/housing/

http://bealandscapearchitect.com/the-big-picture/water/

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But we’re not on the STEM LIST!


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Curriculum The Landscape Architecture curriculum includes coverage of:

a) landscape architectural history and theory

b) natural and cultural systems

c) design theories, methodologies and applications

d) landscape planning and management at various scales and applications

e) site design and construction such as grading, drainage and circulation

f) communication in written, verbal and visual applications

g) plants and ecosystems at various scales and situations

h) construction materials, methods, technologies and applications

i) professional practice methods, values, and ethics

j) computing applications and other advanced technology

DegreeAccreditationStandards

LAAB


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IN PRACTICE


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The Registration Exam


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In Scholarship and Research


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Quantification and Assessment


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ASLA/COE Initiative to have LAndscape Architecture designated as a STEM Discipline

Landscape Architecture


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What List?


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You need us. We are of value. We keep you safe, facilitate healthy living, and community.

Grading PlansErosion ControlStormwater ManagementCarbon sequestrationLight PollutionFire suppressionTherapeutic environmentsRising Sea LevelRainwater HarvestingAccessibilityComplete Streets

There is a quantifiable benefit.And if we don’t do our jobs correctlyWe can be held accountable.

The Registration of Landscape Architects has value, and is important.


www.asla.org

Contemporary Licensure BattlesIn Indiana And Around the USDeveloping a Coalition and a CaseThe Role of ASLAINASLA Advocacy Calendar



THREAT TO LA LICENSE (SINCE 2008)INCLUDES STATES WITH FUTURE SUNSET REVIEW EXPECTED


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Developing a Coalition


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Developing a Case

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THIS IS NOT ABOUT QUALITY OF LIFE

IT DOESN’T REALLY MATTER WHAT WE DO• TO A POINT. SOME PERSPECTIVE IS

IMPORTANT• DON’T NEED TO DEFINE ENTIRE SCOPE OF

THE PROFESSION IN THE CONTEXT OF A LICENSURE BATTLE

WHAT MATTERS IS WHY WE HAVE A LICENSE TO DO WHAT WE DO• PROTECT PUBLIC HSW: EVIDENCE OF

HARM• REMOVING BARRIERS TO COMPETITION

(WITH OTHER DESIGN PROFESSIONS: NOT LANDSCAPERS)

• ECONOMICS: IMPACT TO FIRM AND EMPLOYEES, IMPACT TO STATE


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INASLAJCC

ResponseTimeline

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JUNE 18: ESTABLISHED ADVISORY COMMITTEE TO ADDRESS IMMEDIATE CONCERNS AND PLOT COURSE OF ACTION

JUNE 22: LETTER SENT TO JCC BOARD AND IPLA

JUNE 22: PUBLIC INFORMATION REQUEST FILED FOR LICENSE HOLDERS INFORMATION (DENIED AND SENT TO BOARD WHO REQUESTED PAYMENT)

JUNE 24: MEMO RESPONSE RE: LETTER INVITING INASLA AND OTHERS TO PRESENT AT FUTURE JCC MEETING

JULY: LEGAL DEFENSE COMMITTEE FORMED TO ADDRESS PRESENTATION AND CONSIDER LOBBYIST

AUGUST 20: PRESENTATION TO JCC


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INASLAResponse

Timelinewww.asla.org

PRESENTATION: NO PPT, JUST PRE-AUTHORED STATEMENTS CHAPTER OFFERS PERSPECTIVE

HIGHLIGHTING IMPACT TO PROFESSION AND PUBLIC

UNIVERSITIES (BSU AND PURDUE) PRESENT IMPACT TO STUDENTS AND PROGRAMS

PROFESSIONALS PRESENT IMPACT TO ABILITY TO PRACTICE

SUPPORTING DOCUMENTS• “REGULATION OF LANDSCAPE

ARCHITECTURE”• LETTERS OF SUPPORT: PUBLIC OFFICIALS,

ALLIED PROFESSIONS, INSURANCE/RISK MANAGEMENT, LEGAL, AND CLIENTS

• WHAT IS LANDSCAPE ARCHITECTURE PUBLICATION

• LANDSCAPE ARCHITECTURE MAGAZINE


www.asla.org

www.asla.org

INASLAResponse

Timelinewww.asla.org

PRESENTATION HIGHLIGHTS PHYSICAL INJURY, PROPERTY DAMAGE,

AND FINANCIAL HARM … OH MY! BURDEN TO STATE BRAIN DRAIN LOWER PAY (TO THE TUNE OF $10M

LESS WAGES PER YEAR BASED ON AVERAGE SALARY)

LEGALLY NOT ABLE TO DO THE SAME WORK WITHOUT LICENSE (COMPETITIVE ADVANTAGE TO LICENSED PROFESSIONALS)

LACK OF AVAILABLE INSURANCE = NO WORK

LACK OF WORK AND LACK OF $$ = MIGRATION OF CREATIVE CLASS SEGMENT FROM STATE

SELF-CERTIFICATION IS NOT A SUBSTITUTE FOR STATE REGULATION


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SUCCESSFUL OUTCOME.

FOR NOW.


DEVELOPING NON PARTISAN ARGUMENTS “MAKE ME CARE” KEY PERFORMANCE

INDICATORS ECONOMICS LA LICENSURE PROTECTS

PUBLIC HSW AND SCOPE OF PRACTICE NECESSITATES IT

LICENSURE PROMOTES COMPETITION IN THE MARKET PLACE

LICENSURE BENEFITS PRIVATE SECTOR (BRAIN GAIN, JOBS, SALARY)

Revisiting the Impacts


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The Role of ASLA


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Advocacy Calendar


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Conclusion
