Bill Text: PA HB1521 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for Interior Design licensure; establishing the State Board of Interior Designers; providing for powers and duties of the board; establishing fees, fines and civil penalties; and making an appropriation.

Sponsorship: Moderate Partisan Bill (Democrat 28-8)

Status: (Introduced - Dead) 2009-05-26 - Referred to PROFESSIONAL LICENSURE [HB1521 Detail]

Download: Pennsylvania-2009-HB1521-Introduced.html

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PRINTER'S NO. 1888
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1521 Session of2009
INTRODUCED BY SOLOBAY, BRIGGS, CALTAGIRONE, CASORIO, CIVERA, CUTLER, DALLY, DEASY, DERMODY, DONATUCCI, FABRIZIO, FRANKEL, FREEMAN, JOSEPHS, W. KELLER, KORTZ, KOTIK, KULA, MAHER, MATZIE, MELIO, MUNDY, MUSTIO, READSHAW, ROEBUCK, STURLA, THOMAS, VULAKOVICH, WALKO AND WATERS, MAY 26, 2009
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 26, 2009
AN ACT
Providing for Interior Design licensure; establishing the State
Board of Interior Designers; providing for powers and duties
of the board; establishing fees, fines and civil penalties;
and making an appropriation.
TABLE OF CONTENTS
Section 1. Short title.
Section 1.1. Purpose.
Section 2. Definitions.
Section 3. State Board of Interior Designers.
Section 4. Powers and duties of board.
Section 5. Requirement for biennial renewal.
Section 6. Acceptable continuing education courses.
Section 7. Sources of continuing education.
Section 8. Reporting of hours spent in continuing education.
Section 9. Retention of records.
Section 10. Waiver.
Section 11. Licensure, qualifications and seal.
Section 12. Personal background.
Section 13. Grandfathering.
Section 14. License renewal and continuing education.
Section 15. Title and utilization.
Section 16. Display of license.
Section 17. Unprofessional conduct.
Section 18. Sanctions.
Section 19. Temporary suspension.
Section 20. Remedies.
Section 21. Criminal penalties.
Section 22. Exemptions.
Section 23. Appropriation and repayment.
Section 24. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the State Board
of Interior Designers Act.
Section 1.1. Purpose.
The purpose of this act is to protect all citizens of the
Commonwealth of Pennsylvania occupying public and private
interior spaces by providing for professional interior design
licensure.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Biennium." The period from June 1 of an odd-numbered year
to May 31 of the next odd-numbered year.
"Board." The State Board of Interior Designers established
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under this act.
"Clock hour." Fifty minutes of instruction or participation
in an approved course, not including keynote speeches, luncheon
speeches or breaks and marketing or product presentations.
"Commissioner." The Commissioner of Professional and
Occupational Affairs of the Commonwealth.
"Diversified interior design experience." Relates to the
skills and tasks listed in accordance with the definition of
interior design.
"Electronic presentation." Transmittal of information by
means of applications such as computer technology,
telecommunications, television and like means.
"Interior design." A multifaceted profession in which
creative and technical solutions are applied within a structure
to enhance the quality and function of an interior space
designed for human habitation, use or occupancy. Designs are
created in response to and coordinated with the building shell,
acknowledging the physical location and social context. The term
must adhere to all applicable codes and regulatory requirements
and encourage the principles of environmental sustainability,
designs, consultations, studies, drawings, specifications and
administration of design construction contracts relating to
nonstructural interior elements of a building or structure,
reflected ceiling plans, space planning, furnishings and the
fabrication of nonstructural elements within and surrounding
interior spaces of buildings. The term specifically excludes the
design of or the responsibility for architectural and
engineering work except for specifications for fixtures and
their location within interior spaces. The term specifically
excludes the design of any structural, mechanical, plumbing,
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heating, air-conditioning, ventilating, electrical and vertical
transportation systems that materially affect life safety
pertaining to fire safety protection.
"Interior Design Continuing Education Council" or "IDCEC."
Serving as central entity for the sharing of continuing
education information, approval, accreditation and registration.
"Interior Design Education Program" or "IDEP." Serving as a
monitored, documented experience program administered by the
National Council for Interior Design Qualification for entry-
level interior designers.
"Interior designer." A person who is not licensed under this
act and who performs nonregulated interior design services.
"Kitchen and bath retailer." An individual who works
predominantly in the design planning, retailing, installation
and sale of residential kitchens and baths. These individuals
may also provide nonregulated interior design services.
"License." Certificate granted by the State Board of
Interior Designers qualifying the licensee for registration and
practice of interior design in this Commonwealth.
"Licensed." Process by which an interior designer may submit
an application form and fee, conditional to qualifications and
performing services as a licensed interior designer in
Pennsylvania.
"Licensed interior designer" or "registered interior
designer." A person licensed under this act who is a licensed
design professional qualified by education, experience and
examination to affect the health, safety, welfare, function and
quality of interior spaces practicing interior design and
rendering or offering to render regulated interior design
services.
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"National Council for Interior Design Qualification" or
"NCIDQ." Serves to establish standards of competence in the
practice of interior design. The National Council for Interior
Design Qualification serves to identify to the public those
interior designers who have met the minimum standards, through
examination, for professional practice by passing the NCIDQ
examination. The NCIDQ examination tests the full body of
interior design knowledge.
"Nonregulated interior design services." The term includes
the selection, placement and assistance in selection of surface
materials, window treatments, wall coverings, paint, floor
coverings, surface-mounted lighting, surface-mounted fixtures
and furnishings not subject to regulation under applicable
building codes.
"Office management." Activity supportive of administrative
or business activities and not related to professional practice,
including bookkeeping, business development, finance, marketing,
taxes, human resources and the use of office equipment.
"Provider." A person, agency, organization, institution or
association approved by the Interior Design State Licensure
Board to offer a continuing education organized course
(third-party qualifier).
"Regulated Interior design services." Services of interior
design that may only be performed by registered design
professionals or as regulated by abiding codes and laws in this
Commonwealth. Services may include any or all of the following
tasks:
(1) designs, consultations, studies, drawings,
specifications, space planning, furnishings, contract
documents, interior construction documents and the signing
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and sealing of those documents;
(2) the administration of design construction contracts
relating to nonstructural or nonseismic interior elements of
a building structure; and
(3) research and analysis of the client's goals and
requirements, development of documents, assessment of codes,
drawings and diagrams that outline those needs.
"Satellite seminar." A course provided at a central location
and viewed at remote sites by electronic transmission.
Section 3. State Board of Interior Designers.
(a) Establishment.--There is established the State Board of
Interior Designers within the Department of State under the
Bureau of Occupational Affairs, licensed business entities.
(b) Composition.--The board shall consist of the following:
(1) The commissioner.
(2) Two public members.
(3) Five licensed interior design professionals.
Professional members shall have been actively engaged in
providing design services in this Commonwealth for at least
five years immediately preceding appointment and be duly
licensed under this act meeting all qualifications as
required under section 11. One professional member shall
reside in a county of the first class. One professional
member shall reside in a county of the second class.
(4) A representative from the Office of the Attorney
General, Bureau of Consumer Protection.
(c) Meeting.--The board shall meet within 30 days after the
appointment of its first members and shall set up operating
procedures and develop application forms for licensure. It shall
be the responsibility of the board to circulate the forms and
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educate the public regarding the requirements of this act and
regulated interior design services in this Commonwealth.
(d) Term of membership.--Public members shall be appointed
by the Governor with the advice and consent of the Senate.
Professional and public members shall be citizens of the United
States and residents of this Commonwealth. Except as provided
under subsection (e), professional and public members shall
serve a term of four years, or until a successor has been
appointed and qualified but in no event longer than six months
beyond the four-year period. In the event that a member dies or
resigns or is otherwise disqualified during the term of office,
a successor shall be appointed in the same way and with the same
qualifications and shall hold office for the remainder of the
unexpired term. A professional or public member shall not be
eligible to hold more than two consecutive terms.
(e) Appointments.--For professional and public members
initially appointed to the board under this act, the term of
office shall be as follows:
(1) Five members shall serve for a term of four years.
(2) Two members shall serve for a term of three years.
(3) One member shall serve for a term of two years.
(f) Professional members and initial appointments.--A
professional member initially appointed to the board under this
act need not be licensed at the time of appointment but, at the
time of appointment, must have satisfied eligibility
requirements for licensure as provided in section 11(b)(4).
(g) Quorum.--A majority of the members of the board shall
constitute a quorum. Except for temporary and automatic
suspensions under sections 18 and 19, a member may not be
counted as part of a quorum or vote on any issue unless the
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member is physically in attendance at the meeting or on a
conference system.
(h) Chairman.--The board shall select annually a chairman
from among its members. The board, with the approval of the
commissioner, shall select and fix the compensation of an
executive secretary that will be responsible for the day-to-day
operation of the board and administration of the board's
activities.
(i) Expenses.--With the exception of the commissioner, each
member of the board shall receive $60 per diem when actually
attending to the work of the board. A member shall also receive
the amount of reasonable travel, hotel and other necessary
expenses incurred in the performance of the member's duties in
accordance with Commonwealth regulations.
(j) Forfeiture.--A professional or public member who fails
to attend three consecutive meetings shall forfeit his seat
unless the commissioner, upon written request from the member,
finds that the member should be excused from a meeting because
of illness or the death of a family member.
(k) Training seminars.--A public member who fails to attend
two consecutive statutorily mandated training seminars in
accordance with section 813(e) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
shall forfeit his seat unless the commissioner, upon written
request from the public member, finds that the public member
should be excused from a meeting because of illness or the death
of a family member.
(l) Frequency of meetings.--The board shall meet at least
four times a year in the City of Harrisburg and at such
additional times as may be necessary to conduct the business of
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the board.
Section 4. Powers and duties of board.
(a) General rule.--The board shall have the following powers
and duties:
(1) To provide for and regulate the licensing of
individuals engaging in providing regulated interior design
services.
(2) To issue, renew, reinstate, refuse to renew, suspend
and revoke licenses as provided for in this act.
(3) To administer and enforce the provisions of this
act.
(4) To create and distribute a universal seal to be used
by all licensed interior designers.
(5) To contract with an approved examination
administrator, which may include the NCIDQ.
(6) To investigate applications for licensure and to
determine the eligibility of an individual applying for
licensure.
(7) To promulgate and enforce regulations, not
inconsistent with this act, as necessary only to carry into
effect the provisions of this act. This paragraph includes
the setting of fees and the amount of liability insurance
required by licensed interior designers. Regulations shall be
adopted in conformity with the provisions of the act of July
31, 1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law, and the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act.
(8) To keep minutes and records of all its transactions
and proceedings.
(9) To keep and maintain a registry of individuals
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licensed by the board. The board shall provide public access
to the registry, including making the registry available via
electronic means.
(10) To submit annually to the department an estimate of
financial requirements of the board for its administrative,
legal and other expenses.
(11) To submit annually a report to the Consumer
Protection and Professional Licensure Committee of the Senate
and the Professional Licensure Committee of the House of
Representatives. The report shall include a description of
the types of complaints received, status of cases, the action
which has been taken and the length of time from initial
complaint to final resolution.
(12) To submit annually to the Appropriations Committee
of the Senate and the Appropriations Committee of the House
of Representatives, 15 days after the Governor has submitted
a budget to the General Assembly, a copy of the budget
request for the upcoming fiscal year which the board
previously submitted to the department.
Section 5. Requirement for biennial renewal.
(a) Requirement.--As a condition of biennial renewal
commencing with the 2010 biennium and continuing thereafter,
licensees shall have completed during the preceding biennium ten
clock hours of continuing education in acceptable courses
approved under section 6.
(b) Exemption.--The board shall exempt from the continuing
education requirement a licensee who receives a license within
two years preceding the licensee's first application for
biennial renewal.
(c) Lapsed license.--A licensee who wishes to reactivate a
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lapsed license or who has been on inactive status shall have
completed ten hours of continuing education in the two-year
period immediately prior to reactivation.
Section 6. Acceptable continuing education courses.
(a) Course approval.--Only courses approved by the board
will be accepted for continuing education credit. The licensee
shall be responsible for ascertaining the approved status of the
course before undertaking a continuing education activity.
(b) Course contents.--Acceptable subject matter for
continuing education courses is limited to courses pertaining to
the enhancement of the licensed interior designer's professional
skills. The board shall not approve courses in office
management.
(c) Hours.--Clock hours will be accepted in courses
consisting of satellite seminars, electronic presentations and
correspondence courses.
Section 7. Sources of continuing education.
Courses approved by the board may include, but are not
limited to, continuing education approved by IDCEC or another
board-approved service.
Section 8. Reporting of hours spent in continuing education.
An applicant for license renewal shall certify on the renewal
application whether the applicant has completed the required
number of hours of board-approved continuing education courses.
Section 9. Retention of records.
(a) Copies.--The licensee shall retain copies of licensure
renewal forms and the certificates, transcripts or other
acceptable documentation of completion of the prescribed number
of clock hours for four years following completion of the
course. Records and documentation shall be produced upon demand
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by the board or its auditing agents. The board shall utilize a
random audit of renewals to determine compliance with the
continuing education requirement.
(b) Transcript.--Acceptable documentation of completion for
board review shall consist of a transcript prepared by the NCIDQ
or other transcript provider as approved by the board.
Section 10. Waiver.
The board may waive all or part of the continuing education
requirement for biennial renewal upon written documentation by a
licensee of illness, emergency or hardship. A waiver request
shall be evaluated by the board on a case-by-case basis. The
board shall send written notification of its approval or denial
of a waiver request.
Section 11. Licensure, qualifications and seal.
(a) Requirement.--Except as otherwise provided herein, a
license is required in order to practice regulated interior
design in the Commonwealth of Pennsylvania.
(b) Qualifications.--The board may issue a license to an
applicant who complies with all of the following:
(1) The applicant must file an application.
(2) The applicant must pay a fee as established by
regulation of the board.
(3) Except as set forth under section 13, an applicant
must hold a baccalaureate or higher degree from a board-
approved education program and have two years of full-time
diversified interior design experience or completed IDEP.
(4) Except as set forth under section 13, an applicant
must pass the NCIDQ examination or board-approved equivalent
examination.
(c) Seals.--The board shall prescribe a seal to be used by
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licensed interior designers.
(1) Each licensed interior designer shall obtain a seal
as prescribed by the board. A licensed interior designer may
sign and seal drawings, plans, specifications and reports
prepared or issued by the licensed interior designer and
being filed for public record on the date they were prepared
or approved. The signature, date and seal shall be evidence
of the authenticity of that to which they are affixed.
(2) No licensed interior designer shall affix, or permit
to be affixed, the licensed interior designer's seal or
signature to any plan, specification, drawing or other
document which depicts work which the licensed interior
designer is not competent or licensed to perform.
(3) No licensed interior designer shall affix the
licensed interior designer's seal or signature to any plan,
specification, drawing or other document not prepared by the
licensed interior designer or under the licensed interior
designer's supervision.
(4) Interior design documents that are prepared and
sealed by a licensed interior designer may be submitted for
the issuance of a building permit.
(d) Licensure by reciprocity.--The board shall issue a
license to an individual who has a valid license in interior
design or similar practice from another country, state,
territory or possession with a standard of qualifications
substantially equivalent to or greater than that provided for in
this act.
Section 12. Personal background.
(a) Qualifications.--The applicant must demonstrate all of
the following to the satisfaction of the board:
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(1) The applicant is of good moral character.
(2) The applicant is not addicted to the use of alcohol,
narcotics or other habit-forming drugs.
(3) The applicant has not been sentenced for a felony or
for an offense under the law of another jurisdiction, which,
if committed in this Commonwealth, would constitute a felony.
Compliance with this paragraph must be documented by a report
of criminal history record information from the Pennsylvania
State Police or by a statement from the Pennsylvania State
Police that its central repository contains no information
relating to the applicant. The costs associated with the
report or statement shall be paid by the applicant.
(4) The applicant must not have been sentenced for a
felony under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act, or for an offense under the law of another jurisdiction
which, if committed in this Commonwealth, would be a felony
under The Controlled Substance, Drug, Device and Cosmetic
Act, unless the applicant satisfies all of the following
criteria:
(i) At least ten years have elapsed from the date of
sentencing.
(ii) The applicant has made significant progress in
personal rehabilitation since the sentencing such that
licensure of the applicant would not be expected to
create a substantial risk of harm to the health and
safety of clients or the public or create a substantial
risk of further criminal violations.
(5) The applicant must not have been sentenced for an
offense under section 20 unless five years have elapsed from
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the date of sentencing.
(b) Issuance and term.--
(1) Subject to subsections (c) and (d), the board shall
issue a license to an applicant who meets the qualifications
under section 11(b).
(2) Except as set forth under subsection (c)(3), the
term of a license is two years.
(3) Renewal is subject to section 14.
(c) Deadline for initial applications.--
(1) In the initial regulations under this act, the board
shall establish an application date for the filing of initial
applications for licensure.
(2) An active practitioner as of the effective date of
this subsection may continue to practice regulated interior
design up until the application date under paragraph (1).
(3) Beginning on the application date under paragraph
(1), only an applicant may engage in the practice of
regulated interior design service. Practice under this
paragraph is limited to the period during which the
application is pending before the board.
(d) Transferability.--A license and a temporary license are
not transferable.
Section 13. Grandfathering.
(a) Expiration.--This section shall expire December 31,
2016, or a date as approved by the board.
(b) Qualifications.--An applicant who passes board-approved
sections of the NCIDQ examination is subject to the following:
(1) The applicant must have at least 5 years of
diversified experience practicing regulated interior design.
(2) The applicant must have completed ten hours of
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continuing education as approved by the board.
(c) Special provisions.--An applicant who is 50 years of age
or older is subject to the following:
(1) Documented proof of diversified experience
practicing interior design for more than 15 years.
(2) Completion of ten hours of continuing education as
approved by the board.
Section 14. License renewal and continuing education.
(a) Scope.--This section applies to all of the following:
(1) A licensee.
(2) A licensee who has allowed the licensee's license to
lapse who must meet ten hours of continuing education.
(b) Procedure.--To renew a license, a licensee must do all
of the following:
(1) File a renewal application with the board. On the
application, the applicant must verify all of the following:
(i) Completion of ten hours of continuing education.
(ii) Successful completion of a background check
that is to be conducted by the Pennsylvania State Police.
(2) Payment of a fee established by regulation of the
board.
(c) Board.--
(1) Upon receipt of the application and fee, the board
shall investigate the licensee to determine all of the
following:
(i) The accuracy of the renewal application.
(ii) Action under section 11 completed during the
prior license term or pending at the time of renewal
application.
(2) After investigation under paragraph (1), if the
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board is satisfied that the licensee is fit to be a licensed
interior designer, the board shall renew the license.
Section 15. Title and utilization.
Only a licensee has the right to use the title Registered
Interior Designer or Licensed Interior Designer.
Section 16. Display of license.
The board may, by regulation or order, require the posting of
licenses.
Section 17. Unprofessional conduct.
The following constitutes unprofessional conduct:
(1) Failure to demonstrate the qualifications under
section 11.
(2) Failure to refer a client to a licensed professional
if the client requires services out of the scope of practice
of a licensed interior designer.
(3) Gross incompetence, negligence or misconduct in
carrying out the practice of interior design.
(4) Submission of a false or deceptive application to
the board.
(5) Being sentenced for a felony in any jurisdiction.
(6) Being sanctioned by an interior design licensing
authority within another jurisdiction.
(7) Inability to practice interior design with
reasonable skill and safety to clients by reason of illness,
abuse of alcohol or other chemical substances or a mental or
physical condition.
(8) Violation of any regulation or order of the board.
(9) Knowingly aiding, assisting, hiring or advising
unlawful practice of interior design contrary to section
21(a).
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(10) Practice or attempt to practice beyond the
licensee's defined scope of practice.
(11) Making misleading, deceptive, untrue or fraudulent
representations in the practice of regulated interior design.
(12) Conduct outside of, but resulting from, the
professional relationship which the board, by regulation,
declares to be unprofessional.
Section 18. Sanctions.
(a) Discretionary.--
(1) If the board finds that a licensee has engaged in
conduct prohibited by section 17, the board may administer
the following sanctions:
(i) Suspend enforcement of its finding and place a
licensee on probation with the right to vacate the
probationary order for noncompliance.
(ii) Require a licensee to submit to the care,
counseling or treatment of a physician or a psychologist
designated by the board.
(iii) Administer a public reprimand.
(iv) Impose an administrative penalty of up to
$10,000.
(v) Suspend the license.
(vi) Revoke the license.
(2) The board may vacate a sanction if it determines
that vacation is just and reasonable.
(b) Mandatory.--
(1) The board shall suspend a license if the licensee is
sentenced for a felony under the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or for an offense under the laws of
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another jurisdiction which, if committed in this
Commonwealth, would be a felony under The Controlled
Substance, Drug, Device and Cosmetic Act.
(2) Automatic suspension under this subsection shall not
be stayed pending any appeal of a conviction.
(c) Administrative agency law.--This section is subject to 2
Pa.C.S. Ch. 5 Subch. A. (relating to practice and procedure of
Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial
review of Commonwealth agency action).
(d) Return of license.--The board shall require a licensee
whose license has been suspended or revoked to return the
license in such manner as the board directs.
Section 19. Temporary suspension.
(a) Authority.--The board may temporarily suspend a license
under circumstances as determined by the board to be of an
immediate and clear danger to the public health or safety.
(b) Procedure.--
(1) Upon a determination under subsection (a), the board
shall issue the licensee an order temporarily suspending the
license. The order must:
(i) be sent to the licensee's last known address;
and
(ii) include a written statement of all allegations
against the licensee.
(2) Upon issuance of the order, the board must commence
an action under section 21.
(3) A hearing under section 18(c) must be conducted
within 45 days of issuance of the order. If the board does
not comply with the time limit under this paragraph, the
order shall be void.
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(c) Duration.--A temporary suspension shall remain in effect
until the earliest of the following:
(1) The board vacates the suspension.
(2) The order is vacated because of noncompliance with
subsection (b)(3).
(3) The expiration of 180 days.
Section 20. Remedies.
(a) Civil penalty.--A licensee's failure to provide the
board a report on criminal procedures against the licensee
within three months of adjudication shall subject the person to
a civil penalty payable to the board not to exceed $10,000. The
board may pursue this penalty in a court of competent
jurisdiction.
(b) Injunction.--The board may seek injunctive relief in a
court of competent jurisdiction to enjoin a person from
committing any violation of this act. Relief under this section
is in addition to and not in lieu of all remedies and penalties
under sections 18, 19 and 21 and other remedies in this act.
Section 21. Criminal penalties.
(a) Unlawful practice.--Except as set forth in section 22,
an individual may not practice regulated interior design unless
the individual has a license.
(b) Fraud.--A person may not sell, fraudulently obtain or
fraudulently furnish a license.
(c) Unlawful use of title.--
(1) An individual who is not a licensee may not use the
title Licensed Interior Designer, Registered Interior
Designer or Registered Design Professional. It is a violation
of this section to hold oneself out to others in any manner,
including advertising, as a licensed interior designer and
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adopt or use any title or description, including Licensed
Interior Designer, Registered Interior Designer or any other
derivative of those terms and their related abbreviations,
which implies directly or indirectly that regulated interior
design services are being provided by a licensed interior
designer.
(2) A business entity may not utilize in connection with
a business name or activity the words licensed interior
designer, registered interior design professional or any
derivative of those terms and their related abbreviations,
which imply directly or indirectly that regulated interior
design services are being provided by licensed interior
designers unless a licensed interior designer is employed by
that business.
(d) Failure to return license.--An individual may not fail
to return a license under section 18(d).
(e) Grading.--
(1) A person that violates subsection (a), (b) or (c)
commits a misdemeanor of the second degree.
(2) A person that violates subsection (d) commits a
misdemeanor of the third degree.
Section 22. Exemptions.
Nothing in this act shall be construed as preventing,
restricting or requiring licensure of any of the following
activities:
(1) The practice of a profession by an individual who is
licensed, certified or registered by a Commonwealth agency
under other laws and who is performing services within the
authorized scope of practice of their governing statute.
(2) The practice of interior design by an individual
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employed by the Federal Government while the person is
engaged in the performance of such duties under Federal law.
(3) The practice of interior design by an individual
licensed, registered or certified in another jurisdiction
when incidentally called into this Commonwealth to teach a
course related to interior design or to consult with a
licensee.
(4) A student or graduate of a board-approved program
under this act who is conducting, learning, practicing or
studying interior design under the guidance of a person
licensed under this act.
(5) A person or persons who provide nonregulated
interior design services.
(6) An individual providing service as part of an
emergency response team working in conjunction with disaster
relief officials.
(7) An individual or business working as a kitchen and
bath retailer in the kitchen and bath industry.
(8) An owner or employee of a retail establishment
providing nonregulated interior design services on the
premises of a retail establishment or home in the furtherance
of a retail sale.
(9) A person customarily engaged in construction work
that prepares shop drawings or performs construction
management services.
(10) A person employed by a commercial dealer who
provides layouts, specifications and bid documents as they
relate to furniture sales.
Section 23. Appropriation and repayment.
(a) Appropriation.--The sum of $95,000, or as much thereof
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as may be necessary, is appropriated from the Professional
Licensure Augmentation Account (PLAA) for fiscal year 2010-2011
for the operation of the State Board of Interior Designers to
carry out the provisions of this act. This appropriation shall
be a continuing appropriation until June 30, 2015, at which time
any unexpended funds shall lapse into the PLAA.
(b) Repayment.--The appropriation shall be repaid by the
board to the account within three years of the beginning of
issuance of licenses by the board.
Section 24. Effective date.
This act shall take effect as follows:
(1) Sections 1, 2, 3 and 4 of this act and this section
shall take effect immediately.
(2) The remainder of this act shall take effect in 90
days.
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