Senate File 334 - Introduced SENATE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1247) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act establishing an interior design examining board, providing 2 for the registration of interior designers, and providing fees 3 and penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1677SV 81 6 rn/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 544C.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Board" means the interior design examining board 1 5 established pursuant to this chapter. 1 6 2. "Division" means the professional licensing and 1 7 regulation division of the department of commerce. 1 8 3. "Interior design" means the design of interior spaces 1 9 in conformity with public health, safety, and welfare 1 10 requirements, including the preparation of documents relating 1 11 to space planning, finish materials, furnishings, fixtures, 1 12 and equipment; and the preparation of documents relating to 1 13 interior construction that does not directly affect the 1 14 mechanical or structural systems of a building. "Interior 1 15 design" does not include services that constitute the practice 1 16 of architecture or the practice of professional engineering. 1 17 4. "Registered interior designer" means a person 1 18 registered under this chapter who is a registered design 1 19 professional qualified by education, experience, and 1 20 examination to affect the function, safety, and quality of 1 21 interior spaces. 1 22 Sec. 2. NEW SECTION. 544C.2 ESTABLISHMENT OF INTERIOR 1 23 DESIGN EXAMINING BOARD. 1 24 1. An interior design examining board is established 1 25 within the division. The board consists of seven members, 1 26 five members who are interior designers who are registered 1 27 under this chapter, and who have been in the active practice 1 28 of interior design for not less than five years, the last two 1 29 of which shall have been in Iowa; and two members who are not 1 30 registered under this chapter and who shall represent the 1 31 general public. Members shall be appointed by the governor 1 32 subject to confirmation by the senate. 1 33 2. Professional associations or societies composed of 1 34 interior designers may recommend the names of potential board 1 35 members to the governor, but the governor is not bound by the 2 1 recommendations. A board member is not required to be a 2 2 member of any professional association or society composed of 2 3 registered interior designers. 2 4 3. Appointments shall be for three=year terms and shall 2 5 commence and end as provided in section 69.19. Vacancies 2 6 shall be filled for the unexpired term by appointment of the 2 7 governor and shall require senate confirmation. Members shall 2 8 serve no more than three terms or nine years, whichever is 2 9 less. 2 10 Sec. 3. NEW SECTION. 544C.3 DUTIES OF THE BOARD. 2 11 The duties of the board shall include, but are not limited 2 12 to, all of the following: 2 13 1. Administering and enforcing this chapter. 2 14 2. Establishing requirements for the examination, 2 15 education, and practical training of applicants for 2 16 registration. 2 17 3. Holding meetings each year for the purpose of 2 18 transacting business pertaining to the affairs of the board. 2 19 Action at a meeting shall not be taken without the affirmative 2 20 votes of a majority of members of the board. 2 21 4. Adopting rules under chapter 17A necessary for the 2 22 proper performance of its duties. 2 23 5. Establishing fees for registration as a registered 2 24 interior designer, renewal of registration, reinstatement of 2 25 registration, and for other activities of the board pertaining 2 26 to its duties. The fees shall be sufficient to defray the 2 27 costs of administering this chapter, and shall be deposited in 2 28 the general fund of the state. 2 29 6. Maintaining records, which are open to public 2 30 inspection at all reasonable times, of its proceedings 2 31 relating to the issuance, refusal, renewal, suspension, and 2 32 revocation of registration. The records shall also contain a 2 33 roster indicating the name, place of business and residence, 2 34 and the date and registration number of every registrant. 2 35 The administrator of the division shall provide staff to 3 1 assist the board in the implementation of this chapter. 3 2 Sec. 4. NEW SECTION. 544C.4 EXPENSES == COMPENSATION. 3 3 The members of the board are entitled to be reimbursed for 3 4 the actual expenses incurred in the performance of their 3 5 duties within the limits of the funds appropriated to the 3 6 board. Each member of the board may also be eligible to 3 7 receive compensation as provided in section 7E.6. 3 8 Sec. 5. NEW SECTION. 544C.5 QUALIFICATIONS FOR 3 9 REGISTRATION. 3 10 Each applicant for registration must meet the interior 3 11 design education and practical training requirements adopted 3 12 by rule by the board, and have passed an examination 3 13 prescribed by the board that is task=oriented, focused on 3 14 public safety, and validated by a recognized testing agency. 3 15 The division shall register an individual who submits an 3 16 application to the board on the form and in the manner 3 17 prescribed by the board as a registered interior designer if 3 18 the individual satisfies the following requirements: 3 19 1. Submits written proof that the individual has 3 20 successfully passed the national council for interior design 3 21 qualification examination, or its equivalent. 3 22 2. Has completed a four=year professional degree in 3 23 interior design or an equivalent education and practical 3 24 training requirement determined by the board, and has 3 25 completed practical training in interior design that 3 26 incorporates qualitative as well as quantitative criteria of a 3 27 nature satisfactory to the board. 3 28 3. Submits the required registration fee to the board. 3 29 Sec. 6. NEW SECTION. 544C.6 RECIPROCAL REGISTRATION. 3 30 The board may also grant registration by reciprocity. An 3 31 applicant applying to the board for registration by 3 32 reciprocity shall furnish satisfactory evidence that the 3 33 applicant meets both of the following requirements: 3 34 1. Holds a valid registration or license issued by another 3 35 registration authority recognized by the board, where the 4 1 qualifications for registration or licensure were 4 2 substantially equivalent to those prescribed in this state on 4 3 the date of original registration or licensure with the other 4 4 registration authority. 4 5 2. Holds a current certificate number issued by the 4 6 national council for interior design qualification. 4 7 Sec. 7. NEW SECTION. 544C.7 REGISTRATION ISSUANCE. 4 8 When an applicant has complied with the qualifications for 4 9 registration in section 544C.5 or 544C.6 to the satisfaction 4 10 of a majority of the members of the board and has paid the 4 11 fees prescribed by the board, the board shall enroll the 4 12 applicant's name and address in the roster of registered 4 13 interior designers and issue to the applicant a registration 4 14 certificate, signed by the officers of the board. The 4 15 certificate shall entitle the applicant to use the title 4 16 "registered interior designer" in this state. 4 17 Sec. 8. NEW SECTION. 544C.8 CONTINUING EDUCATION. 4 18 A registered interior designer shall, at the time of 4 19 application for renewal of a certificate of registration, 4 20 submit proof of completion of continuing education 4 21 requirements established by rules adopted by the board. 4 22 Sec. 9. NEW SECTION. 544C.9 REVOCATION, SUSPENSION, AND 4 23 NONISSUANCE OF REGISTRATION. 4 24 1. The board may revoke, suspend, or refuse to issue or 4 25 renew the registration of any person upon a finding of any of 4 26 the following: 4 27 a. Fraud in obtaining or renewing a certificate of 4 28 registration. 4 29 b. Professional incompetency. 4 30 c. Knowingly making misleading, deceptive, untrue, or 4 31 fraudulent representations in the practice of the registrant's 4 32 profession or engaging in unethical conduct or practice 4 33 harmful or detrimental to the public. Proof of actual injury 4 34 need not be established. 4 35 d. Conviction of a felony related to the profession or 5 1 occupation of the registrant. A copy of the record of 5 2 conviction or plea of guilty shall be conclusive evidence of 5 3 the conviction. 5 4 e. Unlawful use of the title of "registered interior 5 5 designer". 5 6 f. Willful or repeated violations of the provisions of 5 7 this chapter or a rule adopted under this chapter. 5 8 2. Any person may appeal a finding of the board within 5 9 thirty days of the date of notification of action. Upon 5 10 appeal, the board shall schedule a hearing in accordance with 5 11 chapter 17A. 5 12 Sec. 10. NEW SECTION. 544C.10 UNLAWFUL USE OF TITLE OF 5 13 "REGISTERED INTERIOR DESIGNER" == VIOLATIONS == PENALTY == 5 14 CONSENT AGREEMENT. 5 15 1. It is unlawful for a person to use the title, or aid or 5 16 abet a person in using the title, of "registered interior 5 17 designer" or any title or device indicating that the person is 5 18 a registered interior designer unless the person has been 5 19 issued a certificate of registration as provided in this 5 20 chapter. This section does not prohibit the provision of 5 21 interior design services, or the use of the terms "interior 5 22 design" or "interior designer", by an architect or by a person 5 23 who is not registered as an interior designer. 5 24 2. A person who violates this section is guilty of a 5 25 simple misdemeanor. The board, in its discretion and in lieu 5 26 of prosecuting a first offense under this section, may enter 5 27 into a consent agreement with a violator, or with a person 5 28 guilty of aiding or abetting a violator, which acknowledges 5 29 the violation and the violator's agreement to refrain from any 5 30 further violations. 5 31 Sec. 11. NEW SECTION. 544C.11 INJUNCTION. 5 32 In addition to any other remedies, and on the petition of 5 33 the board, any person violating this chapter may be restrained 5 34 and permanently enjoined from committing or continuing the 5 35 violations. 6 1 Sec. 12. NEW SECTION. 544C.12 SCOPE OF CHAPTER. 6 2 This chapter does not apply to the following: 6 3 1. A person licensed to practice architecture pursuant to 6 4 the laws of this state who is exclusively engaged in the 6 5 practice of the person's profession and who does not represent 6 6 that the person is a registered interior designer. 6 7 2. A person licensed as a professional engineer pursuant 6 8 to the laws of this state who is exclusively engaged in the 6 9 practice of the person's profession and who does not represent 6 10 that the person is a registered interior designer. 6 11 3. A person who performs the following services: selling, 6 12 selecting, or assisting in selecting personal property used in 6 13 connection with furnishings of interior spaces or fixtures 6 14 such as, but not limited to, furnishings, decorative 6 15 accessories, furniture, paint, wall coverings, window 6 16 treatments, floor coverings, cabinets, countertops, surface= 6 17 mounted lighting, or decorative materials for a retail sale; 6 18 or installing or coordinating installations as a part of the 6 19 prospective retail sale, or providing computer=aided or other 6 20 drawings for the purpose of retail sale if the drawings are 6 21 used for material listed for retail sale; and who does not 6 22 represent that the person is a registered interior designer. 6 23 Sec. 13. NEW SECTION. 544C.13 REGISTRATION NUMBER. 6 24 A registered interior designer may affix their Iowa 6 25 registration number and signature to interior design 6 26 construction documents if required by any state or local 6 27 building department for the purpose of obtaining a building 6 28 permit. 6 29 Sec. 14. NEW SECTION. 544C.14 TRANSITION PROVISIONS. 6 30 For a period of two years from the effective date of this 6 31 Act, the board may issue a certificate as a registered 6 32 interior designer to a person who does not meet the 6 33 examination requirements specified in section 544C.5, if the 6 34 person submits evidence to the board demonstrating both of the 6 35 following: 7 1 1. Ten years of experience as an interior designer, or 7 2 eight years of experience as an interior designer and two 7 3 years of interior design education that is acceptable to the 7 4 board. 7 5 2. Successful completion of the examination conducted with 7 6 regard to life safety codes and barrier=free requirements 7 7 prepared by the national council for interior design 7 8 qualification. 7 9 Sec. 15. INITIAL BOARD. The initial members of the 7 10 interior design examining board shall be appointed to the 7 11 following terms: 7 12 1. Two interior designer members shall be appointed for a 7 13 term of three years. 7 14 2. Two interior designer members and one public member 7 15 shall be appointed for a term of two years. 7 16 3. One interior designer member and one public member 7 17 shall be appointed for a term of one year. 7 18 4. The initial interior designer members need not meet the 7 19 requirements for registration, but shall have previously 7 20 passed the examination by the national council for interior 7 21 design qualification, and shall have been in active practice 7 22 for not less than five years, the last two of which shall have 7 23 been in Iowa. 7 24 EXPLANATION 7 25 This bill creates a new Code chapter 544C that provides for 7 26 the registration of interior designers in order to use the 7 27 title of registered interior designer. The bill provides for 7 28 the establishment of a seven=member interior design examining 7 29 board consisting of five members who are registered interior 7 30 designers and two members who represent the general public. 7 31 The bill provides, among other duties, that the board shall 7 32 administer the new Code chapter, establish requirements for 7 33 the examination, education, and practical training of 7 34 applicants for registration, and establish fees for 7 35 registration as a registered interior designer, renewal of 8 1 registration, reinstatement of registration, and for other 8 2 activities of the board pertaining to its duties in an amount 8 3 sufficient to defray the costs of administering the Code 8 4 chapter. The bill provides that the fees shall be deposited 8 5 in the general fund of the state. 8 6 The bill provides that each applicant for registration must 8 7 meet the interior design education and practical training 8 8 requirements adopted by rule by the board, and have passed an 8 9 examination prescribed by the board that is task=oriented, 8 10 focused on public safety, and validated by a recognized 8 11 testing agency. The bill provides that to be registered, an 8 12 applicant shall submit written proof of having passed the 8 13 national council for interior design qualification 8 14 examination, or its equivalent, and have completed a four=year 8 15 professional degree in interior design or an equivalent 8 16 education and practical training requirement determined by the 8 17 board and have completed practical training in interior design 8 18 that incorporates qualitative as well as quantitative criteria 8 19 of a nature satisfactory to the board. 8 20 The bill provides that the board may also grant 8 21 registration by reciprocity under specified circumstances, and 8 22 also specifies circumstances under which the board may revoke, 8 23 suspend, or refuse to issue or renew a registration. 8 24 The bill additionally provides that it is unlawful for a 8 25 person to use the title of registered interior designer unless 8 26 the person has been issued a certificate of registration 8 27 pursuant to the new Code chapter, but provides that a person 8 28 who is an architect or otherwise not registered may provide 8 29 interior design services, or use the terms "interior design" 8 30 or "interior designer". The bill provides penalties for 8 31 violation of these provisions, and other provisions of the 8 32 Code chapter. 8 33 The bill provides that the new Code chapter shall not apply 8 34 to a licensed architect, professional engineer, or individuals 8 35 performing specified furnishing or retail sales services who 9 1 do not use the title or represent that they are a registered 9 2 interior designer. 9 3 The bill provides transition provisions for a period of two 9 4 years from the bill's effective date for persons not meeting 9 5 the specified examination requirements of the new Code 9 6 chapter. 9 7 LSB 1677SV 81 9 8 rn:nh/sh/8