Section Lsa 501.03 - Standards of Conduct(a) The licensee shall: (1) Not attempt to practice in any professional field in which the licensee is not certified/registered/licensed or competent;(2) Undertake only work for which the licensee is qualified by education and experience; and(3) When serving as an expert or technical witness before any court, commission, or other tribunal, express an opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of the testimony.(b) The licensee shall:(1) Clearly identify himself or herself, his or her employer, and in whose interest he or she is working; (2) Clearly define the scope of his/her responsibility in connection with work for which the landscape architect is claiming responsibility;(3) Conscientiously avoid conflicts of interest or even the appearance of such conflicts,(4) If despite such precaution, a conflict of interest is discovered, it shall be promptly and fully disclosed to the client/employer and the licensee shall be prepared to act immediately to resolve the conflict; and(5) Disclose fully to the client any financial or purchase interest the licensee has in the land on which he or she is working.(c) The licensee shall: (1) Not knowingly issue a false statement or false information;(2) Advertise only in truthful manner, stating the services the licensee is qualified and prepared to perform;(3) Not falsify or permit misrepresentation or exaggerationof the licensee's or the licensee's associates', academic or professional qualifications.(4) Not misrepresent or exaggerate the licensee's degree of responsibility in, or for the subject matter of prior assignments;(5) Not misrepresent pertinent facts in brochures or other presentations incident to the solicitation of employment concerning employers, employees, associates, joint ventures, or the licensee or their past accomplishments with the intent and purpose of enhancing the licensee's qualifications and work;(6) Issue no statements, criticisms, or arguments on landscape architecture matters which are inspired or paid for by an interested party, or parties, unless such comments are prefaced by explicit identification of the licensee and by disclosing the identities of the party or parties on whose behalf the licensee is speaking;(7) Not attempt to injure by false statement or dishonest action either directly or indirectly, the professional reputation, prospects, or business of another; and(8) Be objective and truthful in all professional reports, statements or testimony, and include only relevant and pertinent information in such reports, statements, or testimony.(d) The licensee shall: (1) Disclose fully all direct or indirect costs or obligations of services provided, by the licensee or under the licensee's supervision,including hourly or daily rates and commissions;(2) Provide complete services requested by client or disclose clearly that such services cannot be provided;(3) Not disclose information concerning the affairs of the landscape architect's client without the client's express permission;(4) Not accept compensation or expenses from more than one employer/client for the same service, unless the parties involved are informed and consent; and(5) Not solicit or accept gratuities or referral fees directly or indirectly, from contractors, their agents, or other parties dealing with the licensee's client in connection with the work for which the licensee is responsible.(e) The licensee shall: (1) At all times in the performance of services, abide by applicable federal, state and municipal laws and regulations;(2) When asked to practice landscape architecture which deviates from accepted professional standards, advise the client or employer in writing in advance of the known consequences of such deviation;(3) While in public service as a member, advisor, or employee of a governmental body or department, not participate in considerations or actions with respect to private landscape architecture services provided by the licensee or by the licensee's organization;(4) Unless the circumstances are fully disclosed to all parties, not solicit or accept a landscape architecture contract from a government body on which a principal or officer of the licensee's organization serves as a member;(5) Not contract for the completion of another licensee's contracted work unless reasonable effort has been made to consult with the prior licensee byletter sent via U.S. mail or electronic mail; and(6) Not engage in or participate in professional or business practices of a fraudulent or dishonest nature.(f) The licensee shall:(1) Cooperate with investigations and requests for information from the board and the board's representatives;(2) Present information to the board of landscape architects for action, if the licensee has evidence of unprofessional conduct of another landscape architect provided that the licensee possesses reasonably clear evidence that such misconduct is occurring;(3) If she/he possesses reasonably clear evidence that a person is practicing landscape architect without a license or otherwise violating RSA 310-A:140-160, report said person to the board;(4) Submit only truthful and correct information in any application or other document filed with or statement made to the board;(5) Inform the board of a principal business/home address to which all official board communications should be directed, and also of all addresses where he/she is practicing landscape architecture;(6) Report to the board the establishment of a business/home address or the change or abandonment of a business/home address within 30 days; and(7) Not engage in or participate in professional or business practices of a fraudulent or dishonest nature.(g) The licensee shall:(1) Not sell nor permit the use of a seal to anyone, recognizing that the seal indicates the licensee's personal responsibility for the work bearing the licensee's seal and;(2) Not affix a signature and/or seal to any map or document dealing with subject matter in which the licensee lacks competence by virtue of education and/or experience;(3) Not affix the licensee's signature and/or seal to any map or document not prepared by licensee or under the licensee's direct supervisory control;(4) Affix seal to all plans, maps, reports submitted for regulatory approval prepared by the licensee; and(5) Affix his/her seal and signature to drawings and documents depicting the work of 2 or more professionals provided he/she designates by a note under his/her seal the specific subject matter for which he/she is responsible.N.H. Admin. Code § Lsa 501.03
Amended by Volume XXXIV Number 41, Filed October 9, 2014, Proposed by #10679, Effective 9/30/2014, Expires 9/30/2024.