Bill Text: IL HB4715 | 2021-2022 | 102nd General Assembly | Enrolled

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Bill Title: Amends the Registered Interior Designers Act. Defines terms. Provides that nothing in the Act shall be construed as preventing or restricting persons from engaging in professional services limited to the design of kitchen and bath spaces or the specification of products for kitchen and bath areas in noncommercial settings. Provides that every registered interior designer shall have a reproducible seal. Provides that the registered interior designer shall affix the signature, current date, date of registration expiration, and seal to the first sheet of any bound set or loose sheets of interior technical submissions. Provides that all interior technical submissions intended for use in the State shall be prepared and administered in accordance with standards of reasonable professional skill and diligence. Provides that prior to registration, the applicant shall provide substantial evidence to the Board of Registered Interior Design Professionals that the applicant has completed the education and work experience requirements to sit for the Council for Interior Design Qualification examination, has successfully passed the Council for Interior Design Qualification examination, and has maintained an active Council for Interior Design Qualification certification. Provides that each applicant for renewal or reinstatement of registration shall complete continuing education as set forth by the Department of Financial and Professional Regulation by rule. Makes changes in provisions concerning causes for disciplinary actions. Provides that the Department may refuse to issue, renew, or restore or may revoke, suspend, place on probation, reprimand or take other disciplinary action as the Department may deem proper, including fines not to exceed $10,000 (instead of $5,000) for each violation. Makes other changes.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1066 [HB4715 Detail]

Download: Illinois-2021-HB4715-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Registered Interior Designers Act is
5amended by changing Sections 3, 4, 8, and 13 and by adding
6Sections 4.1 and 4.2 as follows:
7 (225 ILCS 310/3) (from Ch. 111, par. 8203)
8 (Section scheduled to be repealed on January 1, 2027)
9 Sec. 3. Definitions. As used in this Act:
10 "Accredited institution" means an institution accredited
11by the Council for Interior Design Accreditation,
12accreditation body recognized by the United States Department
13of Education, or a curriculum or transcript approved by the
14Board per a registration applicant's application.
15 "Address of record" means the designated address recorded
16by the Department in the applicant's application file or the
17registrant's registration file as maintained by the
18Department's licensure maintenance unit.
19 "Board" means the Board of Registered Interior Design
20Professionals established under Section 6 of this Act.
21 "Department" means the Department of Financial and
22Professional Regulation.
23 "Email address of record" means the designated email

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1address recorded by the Department in the applicant's
2application file or the registrant's registration file as
3maintained by the Department's licensure maintenance unit.
4 "Interior technical submissions" means the designs,
5drawings, and specifications that establish the scope of the
6interior design to be constructed, the standard of quality for
7materials, workmanship, equipment, and construction systems,
8and the studies and other technical reports and calculations
9prepared in the course of the practice of registered interior
10design.
11 "Practice of registered interior design" means the design
12of interior spaces as a part of an interior alteration or
13interior construction project in conformity with public
14health, safety, and welfare requirements, including the
15preparation of documents relating to building code
16descriptions, project egress plans that require no increase
17capacity of exits in the space affected, space planning,
18finish materials, furnishings, fixtures, equipment, and the
19preparation of documents and interior technical submissions
20relating to interior construction. "Practice of registered
21interior design" does not include:
22 (1) The practice of structural engineering as defined
23 in the Structural Engineering Practice Act of 1989, the
24 practice of professional engineering as defined in the
25 Professional Engineering Practice Act of 1989, or the
26 practice of land surveying as defined in the Professional

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1 Land Surveyor Act of 1989.
2 (2) Services that constitute the practice of
3 architecture as defined in the Illinois Architecture
4 Practice Act of 1989, except as provided in this Act.
5 (3) Altering or affecting the structural system of a
6 building, including changing the building's live or dead
7 load on the structural system.
8 (4) Changes to the building envelope, including
9 exterior walls, exterior wall coverings, exterior wall
10 openings, exterior windows and doors, architectural trim,
11 balconies and similar projections, bay and oriel windows,
12 roof assemblies and rooftop structures, and glass and
13 glazing for exterior use in both vertical and sloped
14 applications in buildings and structures.
15 (5) Altering or affecting the mechanical, plumbing,
16 heating, air conditioning, ventilation, electrical,
17 vertical transportation, fire sprinkler, or fire alarm
18 systems.
19 (6) Changes beyond the exit access component of a
20 means of egress system.
21 (7) Construction that materially affects life safety
22 systems pertaining to fire safety or the fire protection
23 of structural elements, or alterations to smoke evacuation
24 and compartmentalization systems or to fire-rated vertical
25 shafts in multistory structures.
26 (8) Changes of use to an occupancy of greater hazard

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1 as determined by the International Building Code.
2 (9) Changes to the construction classification of the
3 building or structure according to the International
4 Building Code.
5 "The profession of interior design", within the meaning
6and intent of this Act, refers to persons qualified by
7education, experience, and examination, who administer
8contracts for fabrication, procurement, or installation in the
9implementation of designs, drawings, and specifications for
10any interior design project and offer or furnish professional
11services, such as consultations, studies, drawings, and
12specifications in connection with the location of lighting
13fixtures, lamps and specifications of ceiling finishes as
14shown in reflected ceiling plans, space planning, furnishings,
15or the fabrication of non-loadbearing structural elements
16within and surrounding interior spaces of buildings but
17specifically excluding mechanical and electrical systems,
18except for specifications of fixtures and their location
19within interior spaces.
20 "Public member" means a person who is not a registered an
21interior designer, educator in the field, architect,
22structural engineer, or professional engineer. For purposes of
23board membership, any person with a significant financial
24interest in the design or construction service or profession
25is not a public member.
26 "Registered interior designer" means a person who has

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1received registration under Section 8 of this Act. A person
2represents himself or herself to be a "registered interior
3designer" within the meaning of this Act if he or she holds
4himself or herself out to the public by any title
5incorporating the words "registered interior designer" or any
6title that includes the words "registered interior design".
7 "Responsible control" means the amount of control over
8detailed professional knowledge of the content of interior
9technical submissions during the preparation as is ordinarily
10exercised by registered interior designers applying the
11required professional standard of care. Merely reviewing or
12reviewing and correcting an interior technical submission or
13any portion thereof prepared by those not in the regular
14employment of the office where the registered interior
15designer is a resident without control over the content of
16such work throughout its preparation does not constitute
17responsible control.
18 "Secretary" means the Secretary of Financial and
19Professional Regulation.
20(Source: P.A. 102-20, eff. 1-1-22.)
21 (225 ILCS 310/4) (from Ch. 111, par. 8204)
22 (Section scheduled to be repealed on January 1, 2027)
23 Sec. 4. Title; application of Act.
24 (a) No individual shall, without a valid registration as a
25registered an interior designer issued by the Department, in

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1any manner hold himself or herself out to the public as a
2registered interior designer or attach the title "registered
3interior designer" or any other name or designation which
4would in any way imply that he or she is able to use the title
5"registered interior designer" as defined in this Act.
6 (a-5) Nothing in this Act shall be construed as preventing
7or restricting the services offered or advertised by an
8interior designer who is registered under this Act.
9 (b) Nothing in this Act shall prevent the employment, by a
10registered interior designer association, partnership, or a
11corporation furnishing interior design services for
12remuneration, of persons not registered as interior designers
13to perform services in various capacities as needed, provided
14that the persons do not represent themselves as, or use the
15title of, "registered interior designer".
16 (c) Nothing in this Act shall be construed to limit the
17activities and use of the title "interior designer" on the
18part of a person not registered under this Act who is a
19graduate of an interior design program and a full-time
20employee of a duly chartered institution of higher education
21insofar as such person engages in public speaking, with or
22without remuneration, provided that such person does not
23represent himself or herself to be a registered interior
24designer or use the title "registered interior designer".
25 (d) Nothing contained in this Act shall restrict any
26person not registered under this Act from carrying out any of

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1the activities listed in the definition of "the profession of
2interior design" in Section 3 if such person does not
3represent himself or herself or his or her services in any
4manner prohibited by this Act.
5 (e) Nothing in this Act shall be construed as preventing
6or restricting the practice, services, or activities of any
7person licensed in this State under any other law from
8engaging in the profession or occupation for which he or she is
9licensed.
10 (f) Nothing in this Act shall be construed as preventing
11or restricting the practice, services, or activities of
12engineers licensed under the Professional Engineering Practice
13Act of 1989 or the Structural Engineering Practice Act of
141989; architects licensed pursuant to the Illinois
15Architectural Practice Act of 1989; any interior decorator or
16individual offering interior decorating services including,
17but not limited to, the selection of surface materials, window
18treatments, wall coverings, furniture, accessories, paint,
19floor coverings, and lighting fixtures; or builders, home
20furnishings salespersons, and similar purveyors of goods and
21services relating to homemaking.
22 (g) Nothing in this Act or any other Act shall prevent a
23licensed architect from practicing interior design services.
24Nothing in this Act shall be construed as requiring the
25services of a registered interior designer for the interior
26designing of a single family residence.

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1 (h) Nothing in this Act shall authorize registered
2interior designers to perform services, including life safety
3services that they are prohibited from performing, or any
4practice: (i) that is restricted in the Professional
5Engineering Practice Act of 1989, the Professional Land
6Surveyor Act of 1989, of the Structural Engineering Practice
7Act of 1989; (ii) that is restricted in the Illinois
8Architecture Practice Act of 1989, except as provided in this
9Act; or (iii) that they are not authorized to perform under the
10Environmental Barriers Act, except as provided in this Act.
11Nothing in this Act shall authorize registered interior
12designers to perform services, including life safety services
13that they are prohibited from performing, or any practice (i)
14that is restricted in the Illinois Architecture Practice Act
15of 1989, the Professional Engineering Practice Act of 1989, or
16the Structural Engineering Practice Act of 1989, or (ii) that
17they are not authorized to perform under the Environmental
18Barriers Act.
19 (i) Nothing in this Act shall authorize registered
20interior designers to advertise services that they are
21prohibited to perform, including architecture or engineering
22services, nor to use the title "architect" in any form.
23 (j) Nothing in this Act shall be construed as preventing
24or restricting persons from engaging in professional services
25limited to the design of kitchen and bath spaces or the
26specification of products for kitchen and bath areas in

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1noncommercial settings.
2(Source: P.A. 102-20, eff. 1-1-22.)
3 (225 ILCS 310/4.1 new)
4 Sec. 4.1. Seal. Every registered interior designer shall
5have a reproducible seal, or facsimile, the impression of
6which shall contain the name of the registered interior
7designer, the registrations number, and the words "Registered
8Interior Designer, State of Illinois". The registered interior
9designer shall affix the signature, current date, date of
10registration expiration, and seal to the first sheet of any
11bound set or loose sheets of interior technical submissions
12used as contract documents between parties to the contract or
13prepared for the review and approval of any governmental or
14public authority having jurisdiction by that registered
15interior designer or under that registered interior designer's
16responsible control. The sheet of interior technical
17submissions in which the seal is affixed shall indicate those
18documents or parts thereof for which the seal shall apply. The
19seal and dates may be electronically affixed. The registrant
20may provide, at the registrant's sole discretion, an original
21signature in the registrant's handwriting, a scanned copy of
22the document bearing an original signature, or a signature
23generated by a computer. All interior technical submissions
24issued by any corporation, partnership, or professional
25service corporation shall contain the corporate or assumed

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1business name in addition to any other seal requirements set
2forth in this Act.
3 A registered interior designer under this Act shall not
4sign and seal interior technical submissions that were not
5prepared by or under the responsible control of the registered
6interior designer, except that:
7 (1) the registered interior designer may sign and seal
8 those portions of the interior technical submission that
9 were prepared by or under the responsible control of a
10 person who holds a registration under this Act, and who
11 has signed and sealed the documents, if the registered
12 interior designer has reviewed in whole or in part such
13 portions and has either coordinated their preparation or
14 integrated them into the work;
15 (2) the registered interior designer may sign and seal
16 portions of the professional work that are not required by
17 this Act to be prepared by or under the responsible
18 control of a registered interior designer if the
19 registered interior designer has reviewed and adopted in
20 whole or in part such portions and has integrated them
21 into the work. The work associated with the combination of
22 services in connection with the design and construction of
23 buildings shall be provided by a licensed architect. If
24 engineering, structural engineering, or licensed land
25 surveying services are required in association with an
26 interior nonstructural project being performed by a

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1 registered interior designer, the documents that have
2 already been properly sealed by a licensed professional
3 engineer, licensed structural engineer, or licensed land
4 surveyor may be compiled by a registered interior
5 designer. Each design professional shall seal the
6 respective documents and shall not seal a document that
7 was not prepared under the design professional's
8 responsible charge. For all other projects, engineering,
9 structural engineering, or land surveying services shall
10 be procured separate from the registered interior
11 designer;
12 (3) a partner or corporate officer of a professional
13 design firm registered in this State who has professional
14 knowledge of the content of the interior technical
15 submissions and intends to be responsible for the adequacy
16 of the interior technical submissions may sign and seal
17 interior technical submissions that are prepared by or
18 under the responsible control of a registered interior
19 designer who is registered in this State and who is in the
20 regular employment of the professional design firm.
21 The registered interior designer exercising responsible
22control under which the interior technical submissions or
23portions of the interior technical submission were prepared
24shall be identified on the interior technical submissions or
25portions of the interior technical submissions by name and
26Illinois registration number.

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1 Any registered interior designer who signs and seals
2interior technical submissions not prepared by that registered
3interior designer but prepared under that registered interior
4designer's responsible control by persons not regularly
5employed in the office where the registered interior designer
6is a resident shall maintain and make available to the Board
7upon request for at least 5 years following such signing and
8sealing, adequate and complete records demonstrating the
9nature and extent of the registered interior designer's
10control over, and detailed professional knowledge of the
11interior technical submissions throughout their preparation.
12 (225 ILCS 310/4.2 new)
13 Sec. 4.2. Interior technical submissions.
14 (a) All interior technical submissions intended for use in
15this State shall be prepared and administered in accordance
16with standards of reasonable professional skill and diligence.
17Care shall be taken to reflect the requirements of State law
18and, where applicable, county and municipal ordinances in the
19submissions. In recognition that registered interior designers
20are registered for the protection of the public health,
21safety, and welfare, submissions shall be of such quality and
22scope, and be so administered, as to conform to professional
23standards.
24 (b) No officer, board, commission, or other public entity
25who receives interior technical submissions shall accept for

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1filing or approval any interior technical submissions related
2to services requiring the involvement of a registered interior
3designer that do not bear the seal and signature of a
4registered interior designer.
5 (c) It is unlawful to affix a seal to interior technical
6submissions if it masks the true identify of the person who
7actually exercised responsible control of the preparation of
8such work. A registered interior designer who seals and signs
9interior technical submissions is not responsible for damage
10caused by subsequent changes to, or uses of, those interior
11technical submissions where the subsequent changes or uses,
12including changes to uses made by State or local agencies, are
13not authorized or approved in writing by the registered
14interior designer who originally sealed and signed the
15interior technical submissions.
16 (225 ILCS 310/8) (from Ch. 111, par. 8208)
17 (Section scheduled to be repealed on January 1, 2027)
18 Sec. 8. Requirements for registration.
19 (a) Each applicant for registration shall apply to the
20Department in writing on a form provided by the Department.
21Except as otherwise provided in this Act, each applicant shall
22take and pass the examination approved by the Department.
23Prior to registration, the applicant shall provide substantial
24evidence to the Board that the applicant has completed the
25education and work experience requirements to sit for the

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1NCIDQ examination administered by the Council for Interior
2Design Qualification, has successfully passed the NCIDQ exam,
3has maintained an active NCIDQ certification, and:
4 (1) is a graduate of a 5-year interior design or
5 architecture program from an accredited institution and
6 has completed at least 2 years of full-time diversified
7 interior design experience;
8 (2) is a graduate of a 4-year interior design or
9 architecture program from an accredited institution and
10 has completed at least 2 years of full-time diversified
11 interior design experience;
12 (3) has completed at least 3 years of interior design
13 or architecture curriculum from an accredited institution
14 and has completed 3 years of full-time diversified
15 interior design experience; or
16 (4) is a graduate of a 2-year interior design or
17 architecture program from an accredited institution and
18 has completed 4 years of full-time diversified interior
19 design experience.
20 (b) In addition to providing evidence of meeting the
21requirements of subsection (a), each applicant for
22registration as a registered interior designer shall provide
23substantial evidence that he or she has successfully completed
24the examination administered by the National Council for
25Interior Design Qualification Qualifications.
26 Examinations for applicants under this Act may be held at

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1the direction of the Department from time to time but not less
2than once each year. The scope and form of the examination
3shall conform to the National Council for Interior Design
4Qualification examination for interior designers.
5 (b-5) Each applicant for registration shall pay to the
6Department the required registration fee, which is not
7refundable, at the time of filing his or her application.
8 (b-10) Each applicant for renewal or reinstatement of
9registration under this Act shall have completed continuing
10education as set forth by the Department by rule. The
11Department shall consider the recommendations of the Board in
12establishing requirements for continuing education
13requirements but shall be no less than 10 hours of continuing
14education in the areas of health, safety, and welfare every 2
15years.
16 (c) An individual may apply for original registration
17prior to passing the examination. He or she shall have 2 years
18after the date of filing an application to pass the
19examination. If evidence and documentation of passing the
20examination are received by the Department later than 2 years
21after the individual's filing, the application shall be denied
22and the fee forfeited. The applicant may reapply at any time,
23but shall meet the requirements in effect at the time of
24reapplication.
25 (d) Upon payment of the required fee, which shall be
26determined by rule, an applicant who is an architect licensed

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1under the laws of this State may, without examination, be
2granted registration as a registered interior designer by the
3Department provided the applicant submits proof of an active
4architectural license in Illinois.
5(Source: P.A. 100-920, eff. 8-17-18; 101-81, eff. 7-12-19.)
6 (225 ILCS 310/13) (from Ch. 111, par. 8213)
7 (Section scheduled to be repealed on January 1, 2027)
8 Sec. 13. Refusal, revocation or suspension of
9registration. The Department may refuse to issue, renew, or
10restore or may revoke, suspend, place on probation, reprimand
11or take other disciplinary action as the Department may deem
12proper, including fines not to exceed $10,000 $5,000 for each
13violation, with regard to any registration for any one or
14combination of the following causes:
15 (a) Fraud in procuring the certificate of
16 registration.
17 (b) (Blank). Habitual intoxication or addiction to the
18 use of drugs.
19 (c) Making any misrepresentations or false promises,
20 directly or indirectly, to influence, persuade, or induce
21 patronage.
22 (d) Professional connection or association with, or
23 lending his or her name, to another for illegal use of the
24 title "registered interior designer", or professional
25 connection or association with any person, firm, or

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1 corporation holding itself out in any manner contrary to
2 this Act.
3 (e) Obtaining or seeking to obtain checks, money, or
4 any other items of value by false or fraudulent
5 representations.
6 (f) Use of the title under a name other than his or her
7 own.
8 (g) Improper, unprofessional, or dishonorable conduct
9 of a character likely to deceive, defraud, or harm the
10 public.
11 (h) Conviction in this or another state, or federal
12 court, of any crime which is a felony, if the Department
13 determines, after investigation, that such person has not
14 been sufficiently rehabilitated to warrant the public
15 trust.
16 (i) A violation of any provision of this Act or its
17 rules.
18 (j) Revocation by another state, the District of
19 Columbia, territory, or foreign nation of an interior
20 design or residential interior design license,
21 certification, or registration if at least one of the
22 grounds for that revocation is the same as or the
23 equivalent of one of the grounds for revocation set forth
24 in this Act.
25 (k) Mental incompetence as declared by a court of
26 competent jurisdiction.

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1 (l) Being named as a perpetrator in an indicated
2 report by the Department of Children and Family Services
3 pursuant to the Abused and Neglected Child Reporting Act,
4 and upon proof by clear and convincing evidence that the
5 registrant has caused a child to be an abused child or
6 neglected child as defined in the Abused and Neglected
7 Child Reporting Act.
8 (m) Aiding or assisting another person in violating
9 any provision of this Act or its rules.
10 (n) Failure to provide information in response to a
11 written request made by the Department within 30 days
12 after receipt of the written request.
13 (o) Physical illness, including, but not limited to,
14 deterioration through the aging process or loss of motor
15 skill that results in the inability to practice interior
16 design with reasonable judgment, skill, or safety.
17 (p) Using or attempting to use an expired, inactive,
18 suspended, or revoked registration or the certificate or
19 seal of another registrant or impersonating another
20 registrant.
21 (q) Signing, affixing, or allowing the registered
22 interior designer's seal to be affixed to any interior
23 technical submission not prepared by the registered
24 interior designer or under the registered interior
25 designer's responsible control.
26 (r) Negligence, incompetence, or misconduct in the

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1 practice of interior design.
2 (s) Habitual or excessive use or abuse of drugs
3 defined in law as controlled substances, alcohol,
4 narcotics, stimulants, or any other substances that
5 results in the inability to practice with reasonable
6 judgment, skill, or safety.
7 (t) Inability to practice the profession with
8 reasonable judgment, skill, or safety as a result of
9 physical illness, including, but not limited to,
10 deterioration through the aging process, loss of motor
11 skill, mental illness, or disability.
12 (u) The determination by a circuit court that a
13 licensee is subject to involuntary admission or judicial
14 admission, as provided in the Mental Health and
15 Developmental Disabilities Code, operates as an automatic
16 suspension. Such suspension will end only upon a finding
17 by a court that the licensee is no longer subject to
18 involuntary admission or judicial admission, the issuance
19 of an order so finding and discharging the patient, and
20 the recommendation of the Board to the Secretary that the
21 licensee be allowed to resume practice.
22 (v) Knowingly undertaking any activity or having any
23 financial or other interest, or accepting any compensation
24 or reward except from the registrant's clients, for
25 registered interior design services by the result of those
26 same services, any of which would reasonably appear to

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1 compromise the registrant's professional judgment in
2 serving the best interest of clients or the public.
3 The Department may refuse to issue or may suspend the
4registration of any person who fails to file a return, or to
5pay the tax, penalty, or interest showing in a filed return, or
6to pay any final assessment of tax, penalty, or interest, as
7required by any tax Act administered by the Illinois
8Department of Revenue, until such time as the requirements of
9any such tax Act are satisfied.
10 The entry of a decree by any circuit court establishing
11that any person holding a certificate of registration under
12this Act is a person subject to involuntary admission under
13the Mental Health and Developmental Disabilities Code shall
14operate as a suspension of that registration. That person may
15resume using the title "registered interior designer" only
16upon a finding by the Board that he or she has been determined
17to be no longer subject to involuntary admission by the court
18and upon the Board's recommendation to the Director that he or
19she be permitted to resume using the title "registered
20interior designer".
21(Source: P.A. 100-872, eff. 8-14-18; 100-920, eff. 8-17-18;
22101-81, eff. 7-12-19.)
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