Relating to regulation and registration of interior designers, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section 1. As used in sections 1 to 15 of this act, the following terms mean:

(1) "Council", the interior design council created in section 3 of this act;

(2) "Department", the department of economic development;

(3) "Division", the division of professional registration of the department of economic development;

(4) "Interior designer", a design professional who meets the criteria of education, experience and testing as provided in sections 1 to 15 of this act. In general, an interior designer provides or offers to provide services which may include consultations, preliminary studies, drawings, specifications or any related service and the administration of nonstructural interior construction or contracts for the design analysis, programming, space planning or aesthetic planning of interiors of buildings. The definition of interior design also includes using specialized knowledge in the providing of these services. Such specialized knowledge encompasses interior construction, building systems and components, fire and safety codes, equipment and materials and furnishings for the fabrication of nonstructural elements within and surrounding interior spaces of buildings in a manner that will protect and enhance the health, safety and welfare of the public whether one or all of these services are performed either in person or as a directing head of an organization. Such interior design services specifically exclude architectural and engineering interior construction relating to the building systems which include structural, plumbing, heating, ventilating, air conditioning, mechanical and electrical systems; except that the specification of fixtures and their location within interior spaces shall be included.

Section 2. No person may use the name or title, registered interior designer, in this state unless that person is registered as required by sections 1 to 15 of this act. Nothing in sections 1 to 15 of this act shall be construed as limiting or preventing the practice of a person's profession or restricting a person from providing interior design services, provided such person does not indicate to the public that such person is registered as an interior designer pursuant to the provisions of sections 1 to 15 of this act.

Section 3. 1. There is hereby created within the division of professional registration a council to be known as the "Interior Design Council". The council shall consist of four interior designers and one public member appointed by the governor with the advice and consent of the senate. The governor shall give due consideration to the recommendations by state organizations of the interior design profession for the appointment of the interior design members to the council. Council members shall be appointed to serve a term of four years; except that of the members first appointed, one interior design member and the public member shall be appointed for terms of four years, one member shall be appointed for a term of three years, one member shall be appointed for a term of two years and one member shall be appointed for a term of one year. No member of the council shall serve more than two terms.

2. Each council member, other than the public member, shall be a citizen of the United States, a resident of the state of Missouri for at least one year, meet the qualifications for professional registration, practice interior design as the person's principal livelihood and, except for the first members appointed, be registered pursuant to sections 1 to 15 of this act as an interior designer.

3. The public member shall be, at the time of such person's appointment, a citizen of the United States, a registered voter, a person who is not and never was a member of the profession regulated by sections 1 to 15 of this act or the spouse of such a person and a person who does not have and never has a material financial interest in either the providing of the professional services regulated by sections 1 to 15 of this act. The duties of the public member shall not include the determination of the technical requirements for the registration of persons as interior designers. The provisions of section 620.132, RSMo, pertaining to public members of certain state boards and commissions shall apply to the public member of the council.

4. Members of the council may be removed from office for cause. Upon the death, resignation or removal from office of any member of the council, the appointment to fill the vacancy shall be for the unexpired portion of the term so vacated and shall be filled in the same manner as the first appointment and due notice be given to the state organizations of the interior design profession prior to the appointment.

5. Each member of the council may receive as compensation an amount set by the division not to exceed fifty dollars per day for each day devoted to the affairs of the council and shall be reimbursed for the member's reasonable and necessary expenses incurred in the official performance of the member's duties as a member of the council.

6. The council shall meet with the division at least twice each year and advise the division on matters within the scope of sections 1 to 15 of this act. The organization of the council shall be established by the members of the council.

7. The council may sue and be sued as the interior design council and the council members need not be named as parties. Members of the council shall not be personally liable either jointly or severally for any act committed in the performance of their official duties as council members. No council member shall be personally liable for any costs which accrue in any action by or against the council.

Section 4. 1. To be a registered interior designer, a person:

(1) Shall take and pass or have passed the examination administered by the National Council for Interior Design Qualification or an equivalent examination approved by the council. In addition to proof of passage of the examination, the application shall provide substantial evidence to the council that the applicant:

(a) Is a graduate of a five-year or four-year interior design program from an accredited institution and has completed at least two years of diversified and appropriate interior design experience; or

(b) Has completed at least three years of an interior design curriculum from an accredited institution and has completed at least three years of diversified and appropriate interior design experience; or

(c) Is a graduate of a two-year interior design program from an accredited institution and has completed at least four years of diversified and appropriate interior design experience; or

(2) May qualify for registration within three years after the effective date of this section; provided that, the application shall provide substantial evidence to the council that the applicant:

(a) Has passed the full examination administered by the National Council for Interior Design Qualification or an equivalent state examination approved by the council and has a minimum of eight years of interior design experience acceptable to the council;

(b) Has taken and passed the building and barrier free portion of the examination administered by the National Council for Interior Design Qualification or an equivalent state codes examination approved by the council and has provided satisfactory evidence of having used or been identified by the title, interior designer, and has diversified and appropriate experience totaling a minimum of seventeen years. Each year of interior design education acceptable to the council may be substituted for two years of experience;

(c) Has taken and passed the building and barrier free portion of the examination administered by the National Council for Interior Design Qualification or an equivalent state codes examination approved by the council, and has passed the American Institute of Interior Designers accreditation examination; or

(d) Is currently registered pursuant to sections 327.091 to 327.171, RSMo, and section 327.401, RSMo, pertaining to the practice of architecture and registered with the council. Such applicant shall give authorization to the council in order to verify current registration with sections 327.091 to 327.171, RSMo, and 327.401, RSMo, pertaining to the practice architecture.

2. Verification of experience required pursuant to this section shall be based on a minimum of five client references, business or employment verification and five industry references, submitted to the council.

3. The council shall verify if an applicant has complied with the provisions of this section and has paid the required fees, then the council shall recommend such applicant be registered as a registered interior designer by the division of professional registration.

Section 5. The division shall:

(1) Recommend prosecution for violations of the provisions of sections 1 to 15 of this act to the appropriate prosecuting or circuit attorney;

(2) Employ, within the limits of the appropriations for that purpose, such employees as are necessary to carry out the provisions of sections 1 to 15 of this act;

(3) Exercise all budgeting, purchasing, reporting and other related management functions;

(4) Promulgate in collaboration with the council, such rules and regulations as are necessary to administer the provisions of sections 1 to 15 of this act. No rule or portion of a rule promulgated under the authority of sections 1 to 15 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

Section 6. Applications for registration as a registered interior designer shall be typewritten on forms prescribed by the division and furnished to the applicant. The application shall contain the applicant's statements showing the applicant's education, experience, results of previous interior design certification, registration or licensing examinations, if any, and such other pertinent information as the council may require, or architect's registration number and such other pertinent information as the council may require. Each application shall contain a statement that is made under oath or affirmation and that the representations are true and correct to the best knowledge and belief of the person signing the application. The person shall be subject to the penalties for making a false affidavit or declaration and shall be accompanied by the required fee.

Section 7. 1. The certificate of registration issued biennially to a registered interior designer pursuant to sections 1 to 15 of this act shall be renewed on or before the certificate renewal date accompanied by the required fee. The certificate of registration of a registered interior designer which is not renewed within three months after the certificate renewal date shall be suspended automatically, subject to the right of the holder to have the suspended certificate of registration reinstated within nine months of the date of suspension if the person pays the required reinstatement fee. Any certificate of registration suspended and not reinstated within nine months of the suspension date shall expire and be void and the holder of such certificate shall have no rights or privileges provided to holders of valid certificates. Any person whose certificate of registration has expired may, upon demonstration of current qualifications and payment of required fees, be reregistered or reauthorized under the person's original certificate of registration number.

2. Each application for the renewal or reinstatement of a registration shall be on a form furnished to the applicant and shall be accompanied by the required fees and proof of current completion of at least one unit every two years of approved or verifiable continuing education in interior design or architecture, immediately prior to such renewal or reinstatement. Ten contact hours constitutes one continuing education unit. Five contact hours of teaching in interior design or architecture constitutes one continuing education unit. One college course credit in interior design or architecture constitutes one continuing education unit.

Section 8. The council shall register without examination, any interior designer certified, licensed or registered in another state or territory of the United States or foreign country if the applicant has qualifications which are at least equivalent to the requirements for registration as a registered interior designer in this state and such applicant pays the required fees.

Section 9. 1. The division shall set the amount of the fees authorized by sections 1 to 15 of this act by rules and regulations. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering sections 1 to 15 of this act. All fees required pursuant to sections 1 to 15 of this act shall be paid to and collected by the division of professional registration and transmitted to the department of revenue for deposit in the state treasury to the credit of the "Interior Designer Council Fund", which is hereby created.

2. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, money in the fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation to the council for the preceding fiscal year or, if the council requires by rules, registration renewal less frequently than biennially, then three times the appropriations to the council for the preceding fiscal year. The amount, if any, in the fund which shall lapse is the amount in the fund which exceeds the appropriate multiple of the appropriations to the council for the preceding fiscal year.

Section 10. It is unlawful for any person to advertise or indicate to the public that the person is a registered interior designer in this state, unless such person is registered as a registered interior designer by the division and is in good standing pursuant to sections 1 to 15 of this act.

Section 11. No person may use the designation registered interior designer in Missouri, unless the division has been issued a current certificate of registration certifying that the person has been duly registered as a registered interior designer in Missouri and unless such registration has been renewed or reinstated as provided in section 7 of this act.

Section 12. All plans, drawings, specifications and other related documents prepared by or under the direct supervision of a registered interior designer shall include the signature and registration number of the registered interior designer who prepared or supervised such documents.

Section 13. The right to use the title of registered interior designer shall be deemed a personal right, based upon the qualifications of the individual, evidenced by the person's current certificate of registration and such certificate is not transferable; except that, a registered interior designer may perform the interior designer's profession through, or as a member of, or as an employee of, a partnership or corporation.

Section 14. 1. The council may refuse to issue any certificate required pursuant to sections 1 to 15 of this act, or renew or reinstate any such certificate, for any one or any combination of the reasons stated in subsection 2 of this section. The council shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the person's right to file a complaint with the administrative hearing commission as provided in chapter 621, RSMo.

2. The council may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of a certificate of registration required by sections 1 to 15 of this act or any person who has failed to renew or has surrendered the person's certificate of registration for any one or combination of the following reasons:

(1) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of this state or any other state or of the United States, for any offense reasonably related to the qualifications, functions or duties of the profession regulated by sections 1 to 15 of this act; for any offense for which an essential element is fraud, dishonesty or an act of violence; or for a felony, whether or not sentence is imposed;

(2) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license issued pursuant to sections 1 to 15 of this act or in obtaining permission to take any examination given or required pursuant to sections 1 to 15 of this act;

(3) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;

(4) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of the profession regulated by sections 1 to 15 of this act;

(5) Violation of, or assisting or enabling any person to violate, any provision of sections 1 to 15 of this act, or of any lawful rule or regulation adopted pursuant to such sections;

(6) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use the person's certificate or diploma from any school;

(7) Disciplinary action against the holder of a certificate of registration or other right to perform the profession regulated by sections 1 to 15 of this act granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

(8) A person is finally adjudged insane or incompetent by a court of competent jurisdiction;

(9) Issuance of a certificate of registration based upon a material mistake of fact;

(10) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed, as it relates to the interior design profession.

3. After the filing of a complaint pursuant to subsection 2 of this section, the proceedings shall be conducted in accordance with the provisions of chapter 536, RSMo, and chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the council shall censure or place the person named in the complaint on probation for a period not to exceed five years or may suspend the person's certificate for a period not to exceed three years or may revoke the person's certificate of registration.

Section 15. After eighteen months after the effective date of this act, any person who violates any provision of sections 1 to 15 of this act shall be guilty of a class A misdemeanor.