TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 44 LANDSCAPE ARCHITECTS
PART 7 CODE OF PROFESSIONAL CONDUCT
16.44.7.1 ISSUING AGENCY: New
Mexico Board of Landscape Architects, P.O. Box 25101, Santa Fe, NM 87504.
[16.44.7.1 NMAC - Rp, 16.44.7.1 NMAC, 9-30-16]
16.44.7.2 SCOPE: This
part applies to the board, licensees, certificate holders, applicants for
licensure or certification, and the general public.
[16.44.7.2 NMAC - Rp, 16.44.7.2 NMAC, 9-30-16]
16.44.7.3 STATUTORY AUTHORITY: This
part is adopted pursuant to the Landscape Architects Act, Sections 61-24-B1,
61-24-B3, 61-24-B6, 61-24-B7, 61-24-B10 NMSA 1978.
[16.44.7.3 NMAC - Rp, 16.44.7.3 NMAC, 9-30-16]
16.44.7.4 DURATION:
Permanent.
[16.44.7.4 NMAC - Rp, 16.44.7.4 NMAC, 9-30-16]
16.44.7.5 EFFECTIVE DATE: September
30, 2016, unless a later date is cited at the end of a section.
[16.44.7.5 NMAC - Rp, 16.44.7.5 NMAC, 9-30-16]
16.44.7.6 OBJECTIVE: This
part establishes the standards against which the required professional conduct
of a registered landscape architect or a landscape architect in training is
measured. Each licensee, certificate
holder and applicant will be governed by this part whenever providing landscape
architectural services. A violation of
this part is sufficient reason for disciplinary action pursuant to the
Landscape Architects Act.
[16.44.7.6 NMAC - Rp, 16.44.7.6 NMAC, 9-30-16]
16.44.7.7 DEFINITIONS: (Refer to Part 1)
16.44.7.8 CODE OF PROFESSIONAL CONDUCT:
A. This code
expresses in general terms the level of professional conduct expected of
licensees in the state of New Mexico.
Such a code is no guarantee of moral actions on the part of the
licensees but depends upon the integrity of each registrant or certificate
holder to conduct himself or herself in a responsible and straightforward
manner both in dealings with clients and other professionals.
B. Licensees should
be more than a group of individuals offering a service to the public. They should comprise an entity with a bond
between licensees based on mutual respect and a dedication to improving the
quality of life for all persons.
C. The licensee
shall:
(1) exert
every effort towards the preservation and protection of our natural resources
and toward understanding the interaction of the economic and social systems
with these resources;
(2) further
the welfare and advancement of the profession by constantly striving to provide
the highest level of professional services, avoiding even the appearance of
improper professional conduct;
(3) serve
the client or employer with integrity, understanding, knowledge, and creative
ability and respond morally to social, political, economic, and technological
influences;
(4) make
full disclosure to the client or employer of any financial interest, that even
remotely bears upon the services or project;
(5) truthfully
and clearly inform the client or employer of his or her qualification and
capabilities to perform services;
(6) not
make exaggerated, misleading, deceptive or false statements or claims to the
public about his or her professional qualifications, experience or performance;
(7) regard
as confidential any information obtained by him or her as to the business
affairs and technical methods or processes of a client or employer;
(8) not
give, lend, or promise anything of value to any public official in order to
influence or attempt to influence the official’s judgment or action in the
letting of contracts;
(9) refrain
from lending his or her name or stamp/seal for plans or other documents for the
preparation of which he or she was not directly responsible;
(10) refrain
from using the advantages of a salaried position to influence the letting of
contracts;
(11) not
knowingly make false statements about the professional work of others; and
(12) refrain
from engaging in any discriminatory practices prohibited by law in the
employment of his or her professional and non-professional personnel and in the
conduct of his or her business.
[16.44.7.8 NMAC - Rp, 16.44.7.8 NMAC, 9-30-16]
HISTORY OF
16.44.7 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with the State
Records Center and Archives under:
LAB 85-1, Rules and
Regulations,11-27-85;
LAB 85-1, Rules and
Regulations, 12-02-85;
LAB 89-1, Rules and
Regulations, 05-05-89;
Rule 4, NMBLA,
Registration, 07-08-92
History of
Repealed Material:
16 NMAC 44.7, Code
of Professional Conduct - Repealed 10-05-02
16.44.7 NMAC, Code of
Professional Conduct, filed 9-5-2002 -
Repealed effective 09-30-16.