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                                                      PRINTER'S NO. 1355

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 807 Session of 2007


        INTRODUCED BY GERGELY, DALLY, DERMODY, CIVERA, BARRAR,
           BENNINGHOFF, BIANCUCCI, CASORIO, COHEN, CUTLER, DeLUCA,
           DiGIROLAMO, FABRIZIO, FREEMAN, GIBBONS, GILLESPIE, GOODMAN,
           GRUCELA, HARKINS, HICKERNELL, HORNAMAN, KILLION, KORTZ,
           KOTIK, KULA, LEVDANSKY, MANDERINO, MELIO, MURT, MUSTIO,
           PETRONE, PYLE, READSHAW, REICHLEY, SAYLOR, SCAVELLO, SOLOBAY,
           SONNEY, WALKO, J. WHITE AND YUDICHAK, APRIL 19, 2007

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 19, 2007

                                     AN ACT

     1  Providing for interior design licensure; establishing the
     2     Interior Design State Licensure Board and providing for its
     3     functions; providing for sanctions, remedies and penalties;
     4     and making an appropriation.

     5                         TABLE OF CONTENTS
     6  Section 1.  Short title.
     7  Section 2.  Purpose.
     8  Section 3.  Definitions.
     9  Section 4.  Board.
    10  Section 5.  Powers and duties of board.
    11  Section 6.  License required.
    12  Section 7.  Application.
    13  Section 8.  Examination.
    14  Section 9.  Licensure.
    15  Section 10.  Continuing education.
    16  Section 11.  Title and utilization.


     1  Section 12.  Unprofessional conduct.
     2  Section 13.  Sanctions.
     3  Section 14.  Injunction.
     4  Section 15.  Criminal penalties.
     5  Section 16.  Exemptions.
     6  Section 48.  Appropriation and repayment.
     7  Section 49.  Applicability.
     8  Section 50.  Effective date.
     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11  Section 1.  Short title.
    12     This act shall be known and may be cited as the Interior
    13  Designers Licensure Act.
    14  Section 2.  Purpose.
    15     The General Assembly declares that the purpose of this act is
    16  to protect all citizens of this Commonwealth occupying public
    17  and private interior spaces by providing for interior design
    18  licensure.
    19  Section 3.  Definitions.
    20     The following words and phrases when used in this act shall
    21  have the meanings given to them in this section unless the
    22  context clearly indicates otherwise:
    23     "Biennium."  The period from June 1 of an odd-numbered year
    24  to May 31 of the next odd-numbered year.
    25     "Board."  The Interior Design State Licensure Board as
    26  established in section 4.
    27     "Bureau."  The Bureau of Professional and Occupational
    28  Affairs.
    29     "Clock hour."  Fifty minutes of instruction or participation
    30  in an approved course, not including keynote speeches, luncheon
    20070H0807B1355                  - 2 -     

     1  speeches or breaks and marketing or product presentations.
     2     "Commissioner."  The Commissioner of Professional and
     3  Occupational Affairs.
     4     "Council."  The Council for Interior Design Accreditation, an
     5  independent, nonprofit accrediting organization for interior
     6  design education programs at colleges and universities in the
     7  United States and Canada.
     8     "Department."  The Department of State of the Commonwealth.
     9     "Diversified interior design experience."  Relates to the
    10  skills and tasks of interior design and principles of interior
    11  design as defined by the Council for Interior Design
    12  Accreditation.
    13     "Education council."  The Interior Design Continuing
    14  Education Council, the central entity for:
    15         (1)  Sharing continuing education information, approval
    16     and registration.
    17         (2)  Providing strategic planning for continuing
    18     education programming and activity for those who seek to
    19     fulfill continuing education requirements for professional
    20     organizations and jurisdictional mandates.
    21     "Electronic presentation."  Transmittal of information by
    22  means of applications such as computer technology,
    23  telecommunications, television and the like.
    24     "Interior design."  As follows:
    25         (1)  A multifaceted profession in which:
    26             (i)  creative and technical solutions are applied
    27         within a structure to enhance the quality and function of
    28         an interior space designed for human habitation, use or
    29         occupancy; and
    30             (ii)  designs are created in response to and
    20070H0807B1355                  - 3 -     

     1         coordinated with the building shell, acknowledging the
     2         physical location and social context.
     3         (2)  The term includes specifications for fixtures and
     4     their location within interior spaces.
     5         (3)  The term does not include any of the following:
     6             (i)  Design of or responsibility for architectural
     7         and engineering work.
     8             (ii)  Design of:
     9                 (A)  structural, mechanical, plumbing, heating,
    10             air conditioning, ventilating, electrical or vertical
    11             transportation systems; or
    12                 (B)  systems which materially affect life safety
    13             pertaining to fire safety protection.
    14     "Interior design services."  Services of interior design. The
    15  term includes:
    16         (1)  Designs, consultations, studies, drawings,
    17     specifications, interior construction, space planning and
    18     furnishings.
    19         (2)  Contracts for interior design and contracts relating
    20     to nonstructural, nonseismatical interior elements of a
    21     building structure. This paragraph includes entering into and
    22     executing contracts.
    23         (3)  Research and analysis of the client's goals and
    24     requirements; development of documents, drawings and diagrams
    25     which outline those needs; formulation of preliminary space
    26     layouts; and two-dimensional and three-dimensional design
    27     concept studies and sketches.
    28     "License."  A document granted by the board certifying that
    29  an individual is qualified by education, experience or
    30  examination to affect the function, safety and quality of
    20070H0807B1355                  - 4 -     

     1  interior spaces and to render or offer to render interior design
     2  services.
     3     "Licensee."  An individual who holds a license.
     4     "Office management."  Activity supportive of administrative
     5  or business activities and not related to professional practice.
     6  The term includes bookkeeping, business development, finance,
     7  marketing, taxes, human resources and the use of office
     8  equipment.
     9     "Provider."  Any person, agency, organization, institution or
    10  association approved by the board to offer a continuing
    11  education organized course.
    12     "Satellite seminar."  A course provided at a central location
    13  and viewed at remote sites by electronic transmission.
    14  Section 4.  Board.
    15     (a)  Establishment.--The Interior Design State Licensure
    16  Board is established within the bureau.
    17     (b)  Composition.--The board shall consist of the following:
    18         (1)  The commissioner.
    19         (2)  A representative of the Bureau of Consumer
    20     Protection.
    21         (3)  Two public members appointed by the Governor with
    22     the advice and consent of a majority of the members elected
    23     to the Senate. Each member must be a citizen of the United
    24     States and a resident of this Commonwealth.
    25         (4)  Five licensees appointed by the Governor with the
    26     advice and consent of a majority of the members elected to
    27     the Senate. The following apply:
    28             (i)  Each member must have been actively engaged in
    29         providing design services in this Commonwealth for at
    30         least five years immediately preceding appointment.
    20070H0807B1355                  - 5 -     

     1             (ii)  Each member must be a citizen of the United
     2         States and a resident of this Commonwealth.
     3             (iii)  Two members must reside in a county of the
     4         first class and one member must reside in a county of the
     5         second class.
     6             (iv)  A professional member initially appointed to
     7         the board pursuant to this act need not be licensed at
     8         the time of appointment but, at the time of appointment,
     9         must have satisfied eligibility requirements for
    10         licensure as provided in this act.
    11     (c)  Terms and succession.--
    12         (1)  A member under subsection (b)(1) or (2) shall serve
    13     ex officio.
    14         (2)  For members under subsection (b)(3):
    15             (i)  One member shall serve an initial term of three
    16         years.
    17             (ii)  One member shall serve an initial term of two
    18         years.
    19             (iii)  After the initial term, each member under
    20         subsection (b)(3) shall serve a term of four years.
    21         (3)  Under subsection (b)(4):
    22             (i)  Three members shall serve initial terms of three
    23         years.
    24             (ii)  Two members shall serve initial terms of two
    25         years.
    26             (iii)  After the initial term, each member shall
    27         serve a term of four years.
    28         (4)  If a member under subsection (b)(3) or (4) dies,
    29     resigns or is otherwise disqualified during the term of
    30     office, a successor shall be appointed in the same way and
    20070H0807B1355                  - 6 -     

     1     with the same qualifications and shall hold office for the
     2     remainder of the unexpired term.
     3         (5)  A member under subsection (b)(3) or (4) shall serve
     4     until a successor has been appointed and qualified but in no
     5     event longer than six months beyond the specified term.
     6         (6)  A member under subsection (b)(3) or (4) may not
     7     serve more than two consecutive terms.
     8     (d)  Meetings.--
     9         (1)  The board shall meet within 30 days after the
    10     appointment of its first members and shall set up operating
    11     procedures and develop application forms for licensure.
    12         (2)  The board shall meet in Harrisburg at least four
    13     times a year and at additional times necessary to conduct the
    14     business of the board.
    15     (e)  Quorum.--A majority of the members of the board
    16  constitutes a quorum. Except license suspension actions under
    17  section 13(b) or (c), a member may not be counted as part of a
    18  quorum or vote on any issue unless the member is physically in
    19  attendance at the meeting or on a conference system.
    20     (f)  Removal.--
    21         (1)  Except as set forth in paragraph (2), a member under
    22     subsection (b)(3) or (4) shall be removed from the board if
    23     the member does any of the following:
    24             (i)  Fails to attend three consecutive meetings.
    25             (ii)  Fails to attend two consecutive statutorily
    26         mandated training seminars under section 813(e) of the
    27         act of April 9, 1929 (P.L.177, No.175), known as The
    28         Administrative Code of 1929.
    29         (2)  The member shall not be removed under paragraph (1)
    30     if the commissioner, upon written request from the member,
    20070H0807B1355                  - 7 -     

     1     finds that the member should be excused from a meeting
     2     because of illness or the death of a family member.
     3     (g)  Chairman.--The board shall select annually a chairman
     4  from among its members.
     5     (h)  Executive secretary.--The board, with the approval of
     6  the commissioner, shall select and fix the compensation of an
     7  executive secretary who shall be responsible for the day-to-day
     8  operation of the board and administration of the board's
     9  activities.
    10     (i)  Compensation and reimbursement.--A member under
    11  subsection (b)(3) or (4) shall receive:
    12         (1)  $60 per diem when actually attending to the work of
    13     the board; and
    14         (2)  reimbursement for reasonable traveling, hotel and
    15     other necessary expenses incurred in the performance of
    16     duties in accordance with 4 Pa. Code Ch. 40 (relating to
    17     travel and subsistence).
    18  Section 5.  Powers and duties of board.
    19     The board has the following powers and duties:
    20         (1)  To circulate the forms and educate the public
    21     regarding the requirements of this act and interior design
    22     services in this Commonwealth.
    23         (2)  To administer this act.
    24         (3)  To issue, renew, suspend and revoke licenses as
    25     provided for in this act.
    26         (4)  To establish and distribute a universal seal to be
    27     used by licensees.
    28         (5)  To contract with the council to administer an
    29     examination to qualified applicants for licensure.
    30         (6)  To investigate each application for licensure and to
    20070H0807B1355                  - 8 -     

     1     determine the eligibility of an individual applying for
     2     licensure.
     3         (7)  To promulgate regulations consistent with this act
     4     as necessary to carry into effect the provisions of this act.
     5     This paragraph includes all of the following:
     6             (i)  Setting fees for applications for licensure.
     7             (ii)  Setting fees for license issuance.
     8             (iii)  Setting fees for license renewal.
     9             (iv)  Setting the amount of liability insurance
    10         required by licensed interior designers.
    11         (8)  To develop necessary forms.
    12         (9)  To utilize a random audit of renewals to determine
    13     compliance with the continuing education requirement under
    14     section 9(c)(1)(ii).
    15         (10)  To keep minutes and records of all its transactions
    16     and proceedings.
    17         (11)  To maintain a registry of licensees and to provide
    18     public access to the registry, including making the registry
    19     available via electronic means.
    20         (12)  To submit annually to the department an estimate of
    21     financial requirements of the board for its administrative,
    22     legal and other expenses.
    23         (13)  To submit annually a report to the Consumer
    24     Protection and Professional Licensure Committee of the Senate
    25     and the Professional Licensure Committee of the House of
    26     Representatives. The report shall include a description of
    27     the types of complaints received, status of cases, the action
    28     which has been taken and the length of time from initial
    29     complaint to final resolution.
    30         (14)  To submit annually to the Appropriations Committee
    20070H0807B1355                  - 9 -     

     1     of the Senate and the Appropriations Committee of the House
     2     of Representatives, 15 days after the Governor has submitted
     3     a budget to the General Assembly, a copy of the budget
     4     request for the upcoming fiscal year which the board
     5     previously submitted to the department.
     6  Section 6.  License required.
     7     (a)  General rule.--Except as set forth in subsection (b), a
     8  person may not practice interior design without a license.
     9     (b)  Exception.--An applicant who files an application for
    10  licensure with the board within 30 days of the effective date of
    11  the initial regulations promulgated under section 5(7) may
    12  practice interior design without a license pending a decision on
    13  the application.
    14     (c)  Fraud.--A person may not sell, fraudulently obtain or
    15  fraudulently furnish a license.
    16  Section 7.  Application.
    17     (a)  Fee.--The applicant must pay a fee set by regulation
    18  under section 5(7)(i).
    19     (b)  Qualifications.--
    20         (1)  An applicant must meet one of the following:
    21             (i)  Hold a baccalaureate degree from a minimum four-
    22         year program accredited by the council. The accreditation
    23         requirement of this paragraph must be met:
    24                 (A)  at the time of graduation; or
    25                 (B)  within ten years after graduation.
    26             (ii)  Have two years of full-time diversified
    27         interior design experience. The experience must follow
    28         the form of a monitored internship program as approved or
    29         adopted by the board.
    30             (iii)  Hold a master's degree in a program approved
    20070H0807B1355                 - 10 -     

     1         by the board.
     2             (iv)  Have less than ten years of diversified
     3         experience practicing interior design and complete 15
     4         hours of continuing education under section 10(b)(2).
     5         This subparagraph shall expire December 31, 2011.
     6             (v)  Have at least ten years of diversified
     7         experience practicing interior design. This subparagraph
     8         shall expire December 31, 2011.
     9         (2)  The applicant must demonstrate all of the following
    10     to the satisfaction of the board:
    11             (i)  The applicant is of good moral character.
    12             (ii)  The applicant is not addicted to the habitual
    13         use of alcohol, narcotics or other habit-forming drugs.
    14             (iii)  The applicant has not been sentenced for a
    15         felony or for an offense under the law of another
    16         jurisdiction which, if committed in this Commonwealth,
    17         would constitute a felony. Compliance with this
    18         subparagraph must be documented by a report of criminal
    19         history record information from the Pennsylvania State
    20         Police or by a statement from the Pennsylvania State
    21         Police that its central repository contains no
    22         information relating to the applicant. The costs
    23         associated with the report or statement shall be paid by
    24         the applicant.
    25             (iv)  The applicant must not have been sentenced for
    26         a felony under the act of April 14, 1972 (P.L.233,
    27         No.64), known as The Controlled Substance, Drug, Device
    28         and Cosmetic Act, or for an offense under the law of
    29         another jurisdiction which, if committed in this
    30         Commonwealth, would be a felony under The Controlled
    20070H0807B1355                 - 11 -     

     1         Substance, Drug, Device and Cosmetic Act. The condition
     2         under this subparagraph does not apply if the applicant
     3         satisfies all of the following criteria:
     4                 (A)  At least ten years have elapsed from the
     5             date of sentencing.
     6                 (B)  The applicant has made significant progress
     7             in personal rehabilitation since the sentencing such
     8             that licensure of the applicant would not be expected
     9             to create a substantial risk of harm to the health
    10             and safety of clients or the public or create a
    11             substantial risk of further criminal violations.
    12             (v)  The applicant must not have been sentenced
    13         within the past five years for an offense under section
    14         6(a) or (c), 11(b) or 13(d).
    15  Section 8.  Examination.
    16     (a)  General rule.--Except as set forth in subsection (b), an
    17  applicant must pass the council's examination.
    18     (b)  Exception.--
    19         (1)  An applicant who passes only Section 1, Principals
    20     and Practices of Interior Design, and Section 2, Contract
    21     Documents and Administration, of the council's examination is
    22     subject to the following:
    23             (i)  The applicant must have more than ten years of
    24         diversified experience practicing interior design.
    25             (ii)  The applicant must have completed 15 hours of
    26         continuing education under section 10(b)(2).
    27         (2)  This subsection shall expire December 31, 2011.
    28  Section 9.  Licensure.
    29     (a)  Initial.--The board shall issue a license to all of the
    30  following:
    20070H0807B1355                 - 12 -     

     1         (1)  An applicant who complies with all of the following:
     2             (i)  Meets the qualifications under section 7(b).
     3             (ii)  Passes the examination under section 8.
     4             (iii)  Pays the fee set by regulation under section
     5         5(7)(ii).
     6         (2)  An applicant who does all of the following:
     7             (i)  Has a valid license in interior design or
     8         similar practice from another jurisdiction with a
     9         standard of qualifications substantially equivalent to or
    10         greater than that provided for in this act.
    11             (ii)  Pays the fee under section 5(7)(ii).
    12         (3)  An applicant who, prior to December 31, 2011,
    13     complies with all of the following:
    14             (i)  Has more than 20 years of diversified experience
    15         practicing interior design.
    16             (ii)  Has completed 15 hours of continuing education
    17         under section 10(b)(2).
    18             (iii)  Pays the fee under section 5(7)(ii).
    19     (b)  Term.--The term of a license is two years.
    20     (c)  Renewal.--
    21         (1)  The licensee must do all of the following:
    22             (i)  File a renewal application with the board.
    23             (ii)  Comply with continuing education as follows:
    24                 (A)  Except as set forth in clause (B), the
    25             licensee must have completed ten hours of continuing
    26             education under section 10. A licensee shall retain
    27             copies of licensure renewal forms and the
    28             certificates, transcripts or other acceptable
    29             documentation of completion of the prescribed number
    30             of clock hours for four years following completion of
    20070H0807B1355                 - 13 -     

     1             the course. Records and documentation shall be
     2             produced upon demand by the board or its auditing
     3             agents. Acceptable documentation of completion shall
     4             consist of a transcript prepared by the council for
     5             the board.
     6                 (B)  This subparagraph does not apply to any of
     7             the following:
     8                     (I)  A licensee who received an initial
     9                 license within the immediately preceding two
    10                 years.
    11                     (II)  A licensee who has received a waiver
    12                 from the board because of illness, hardship or
    13                 emergency. A waiver request shall be evaluated by
    14                 the board on a case-by-case basis. The board
    15                 shall send written notification of its approval
    16                 or denial of a waiver request.
    17             (iii)  Successfully complete a background check that
    18         is to be conducted by the Pennsylvania State Police.
    19             (iv)  Pay the fee set by regulation under section
    20         5(7)(iii).
    21         (2)  The board shall renew the license if the board is
    22     satisfied that all of the following apply:
    23             (i)  The licensee complies with paragraph (1).
    24             (ii)  The licensee meets the qualifications under
    25         section 7(b).
    26     (d)  Transferability.--A license is not transferable.
    27     (e)  Display.--The board may, by regulation promulgated under
    28  section 5(7), require the posting of licenses.
    29  Section 10.  Continuing education.
    30     (a)  Courses.--Only a course approved by the board shall be
    20070H0807B1355                 - 14 -     

     1  accepted for continuing education credit. The licensee shall be
     2  responsible for ascertaining the approved status of the course
     3  before undertaking a continuing education activity.
     4     (b)  Subject matter.--
     5         (1)  Acceptable subject matter for a continuing education
     6     course is limited to the enhancement of the interior
     7     designer's professional skills.
     8         (2)  The board may approve courses provided, approved or
     9     sponsored by the council on any of the following:
    10             (i)  Building and barrier-free code regulations.
    11             (ii)  Environmental design.
    12             (iii)  Health, safety and public welfare design.
    13             (iv)  Ethical professional interior design practices.
    14         (3)  Office management is not acceptable subject matter
    15     for a continuing education course.
    16     (c)  Form.--A maximum of one-half of the clock hours per
    17  biennium shall be credited for courses consisting of satellite
    18  seminars, electronic presentations and correspondence courses.
    19  Section 11.  Title and utilization.
    20     (a)  Authorized.--A licensee has the right to use the title
    21  "Interior Designer," "Registered Interior Designer" or
    22  "Registered Design Professional."
    23     (b)  Unauthorized.--Except as set forth in section 16(1) the
    24  following apply:
    25         (1)  A person that is not a licensee may not use a title
    26     referred to in subsection (a).
    27         (2)  A person may not hold oneself out to others in any
    28     manner, including advertising, as an interior designer and
    29     adopt or use any title or description, including those
    30     referred to in subsection (a), or any other derivative of
    20070H0807B1355                 - 15 -     

     1     those terms and their related abbreviations, which implies
     2     that interior design services are being provided.
     3  Section 12.  Unprofessional conduct.
     4     The following constitutes unprofessional conduct by a
     5  licensee:
     6         (1)  Failure to demonstrate the qualifications under
     7     section 7(b).
     8         (2)  Failure to refer a client to a licensed professional
     9     if the client requires services out of the scope of practice
    10     of a licensee.
    11         (3)  Gross incompetence, negligence or misconduct in
    12     carrying out the practice of interior design.
    13         (4)  Submission of a false or deceptive application under
    14     section 9(c)(1)(i).
    15         (5)  Being sentenced for a felony in any jurisdiction.
    16         (6)  Being sanctioned by an interior design licensing
    17     authority within another jurisdiction.
    18         (7)  Inability to practice interior design with
    19     reasonable skill and safety to clients by reason of illness,
    20     abuse of alcohol or other chemical substances or a mental or
    21     physical condition.
    22         (8)  Violation of any regulation or order of the board.
    23         (9)  Knowingly aiding, assisting, hiring or advising
    24     unlawful practice of interior design in violation of section
    25     6.
    26         (10)  Making misleading, deceptive, untrue or fraudulent
    27     representations in the practice of interior design.
    28         (11)  Conduct outside of but resulting from the
    29     professional relationship which the board, by regulation,
    30     declares to be unprofessional.
    20070H0807B1355                 - 16 -     

     1         (12)  Failure to provide the board a report on criminal
     2     procedures against the licensee within three months of
     3     sentencing.
     4         (13)  Causing an immediate and clear danger to the public
     5     health or safety.
     6         (14)  Failure to adhere to this act and regulations under
     7     this act.
     8         (15)  Failure to encourage the principles of
     9     environmental sustainability.
    10  Section 13.  Sanctions.
    11     (a)  Discretionary.--
    12         (1)  Except as set forth in subsection (b)(1), if the
    13     board finds that a licensee has engaged in conduct prohibited
    14     by section 12, the board may administer the following
    15     sanctions:
    16             (i)  Suspend enforcement of its finding and place a
    17         licensee on probation with the right to vacate the
    18         probationary order for noncompliance.
    19             (ii)  Require a licensee to submit to the care,
    20         counseling or treatment of a physician or a psychologist
    21         designated by the board.
    22             (iii)  Administer a public reprimand.
    23             (iv)  Impose an administrative penalty of up to
    24         $10,000.
    25             (v)  Suspend the license.
    26             (vi)  Revoke the license.
    27         (2)  The board may vacate a sanction if it determines
    28     that vacation is just and reasonable.
    29     (b)  Mandatory.--
    30         (1)  The board shall suspend a license if the licensee is
    20070H0807B1355                 - 17 -     

     1     sentenced for a felony under the act of April 14, 1972
     2     (P.L.233, No.64), known as The Controlled Substance, Drug,
     3     Device and Cosmetic Act, or for an offense under the laws of
     4     another jurisdiction which, if committed in this
     5     Commonwealth, would be a felony under The Controlled
     6     Substance, Drug, Device and Cosmetic Act.
     7         (2)  Automatic suspension under this subsection shall not
     8     be stayed pending any appeal of a conviction.
     9     (c)  Administrative agency law.--This section is subject to 2
    10  Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of
    11  Commonwealth agencies) and 7 Subch. A (relating to judicial
    12  review of Commonwealth agency action).
    13     (d)  Return of license.--A licensee whose license has been
    14  suspended or revoked shall surrender the license to the board in
    15  the manner the board directs.
    16     (e)  Temporary suspension.--If the board has reasonable
    17  belief that section 12(13) applies, the board may immediately
    18  suspend the licensee's license. The following shall apply:
    19         (1)  The board must issue an order stating the reason for
    20     the suspension to the licensee's last known address.
    21         (2)  The board must conduct a hearing within 45 days of
    22     the date of the order under paragraph (1).
    23         (3)  A temporary suspension shall remain in effect until
    24     the earliest of the following:
    25             (i)  Noncompliance with the time period under
    26         paragraph (2).
    27             (ii)  An order by the board issued at the hearing
    28         under paragraph (2).
    29  Section 14.  Injunction.
    30     (a)  Authority.--The board may seek injunctive relief in a
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     1  court of competent jurisdiction to enjoin:
     2         (1)  a licensee from violating this act or a regulation
     3     issued under this act; and
     4         (2)  a person from violating this act.
     5     (b)  Relief.--
     6         (1)  Relief under subsection (a)(1) is in addition to
     7     sanctions under section 13 and criminal penalties under
     8     section 15.
     9         (2)  Relief under subsection (a)(2) is in addition to
    10     criminal penalties under section 15.
    11  Section 15.  Criminal penalties.
    12     (a)  Second degree misdemeanors.--A violation of any of the
    13  following provisions constitutes a misdemeanor of the second
    14  degree:
    15         (1)  Section 6(a) or (c).
    16         (2)  Section 11(b).
    17     (b)  Third degree misdemeanors.--A violation of section 13(d)
    18  constitutes a misdemeanor of the third degree.
    19  Section 16.  Exemptions.
    20     Nothing in this act shall be construed as preventing or
    21  restricting or requiring licensure of any of the following
    22  activities:
    23         (1)  The practice of a profession by an individual, who:
    24             (i)  is licensed, certified or registered by a
    25         Commonwealth agency under law other than this act; and
    26             (ii)  is performing services within the authorized
    27         scope of practice.
    28         (2)  The practice of interior design by an individual
    29     employed by the Federal Government while the person is
    30     engaged in the practice under Federal law.
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     1         (3)  The practice of interior design by an individual
     2     licensed, registered or certified in another jurisdiction
     3     when incidentally called into this Commonwealth to teach a
     4     course related to interior design or to consult with a
     5     licensee.
     6         (4)  A student or a graduate of an approved program under
     7     this act conducting interior design services under the
     8     supervision of a licensee.
     9         (5)  A person that provides residential decorating
    10     services as long as the person does not violate section
    11     11(b).
    12         (6)  An employee of a retail establishment providing
    13     consultation regarding interior decoration or furnishings on
    14     the premises of the retail establishment as long as the
    15     employee and the establishment do not violate section 11(b).
    16         (7)  An individual providing service as part of an
    17     emergency response team working in conjunction with disaster
    18     relief officials.
    19         (8)  The preparation of a shop drawing or the performance
    20     of construction management services by a person customarily
    21     engaged in construction work.
    22         (9)  The preparation of a drawing or other design
    23     document for a public utility, as defined in 66 Pa.C.S. § 102
    24     (relating to definitions).
    25  Section 48.  Appropriation and repayment.
    26     (a)  The sum of $95,000, or as much thereof as may be
    27  necessary, is hereby appropriated from the Professional
    28  Licensure Augmentation Account for the fiscal year July 1, 2007,
    29  to June 30, 2008, for the operation of the Interior Design State
    30  Licensure Board to carry out the provisions of this act. This
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     1  appropriation shall be a continuing appropriation until June 30,
     2  2011, at which time any unexpended funds shall lapse into the
     3  account.
     4     (b)  Repayment.--The appropriation shall be repaid by the
     5  board to the account by June 30, 2010.
     6  Section 49.  Applicability.
     7     Section 9(c)(1)(ii) shall apply to renewal applications filed
     8  after December 31, 2009.
     9  Section 50.  Effective date.
    10     This act shall take effect as follows:
    11         (1)  The following provisions shall take effect
    12     immediately:
    13             (i)  Section 1.
    14             (ii)  Section 2.
    15             (iii)  Section 3.
    16             (iv)  Section 4.
    17             (v)  Section 5(1), (2), (3), (4), (6), (7), (8) and
    18         (10).
    19             (vi)  Section 16.
    20             (vii)  Section 48.
    21             (viii)  Section 49.
    22             (ix)  This section.
    23         (2)  The following provisions shall take effect on the
    24     effective date of the initial regulations promulgated under
    25     section 5(7):
    26             (i)  Section 7.
    27             (ii)  Section 8.
    28             (iii)  Section 9.
    29             (iv)  Section 10.
    30             (v)  Section 11(a).
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     1             (vi)  Section 12.
     2             (vii)  Section 13.
     3             (viii)  Section 14.
     4             (ix)  Section 15.
     5         (3)  The following provisions shall take effect 90 days
     6     after the effective date of the initial regulations
     7     promulgated under section 5(7):
     8             (i)  Section 6.
     9             (ii)  Section 11(b).
    10         (4)  The remainder of this act shall take effect in 90
    11     days.













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