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