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