PRINTER'S NO.  1888

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1521

Session of

2009

  

  

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

  

1

Providing for Interior Design licensure; establishing the State

2

Board of Interior Designers; providing for powers and duties

3

of the board; establishing fees, fines and civil penalties;

4

and making an appropriation.

5

TABLE OF CONTENTS

6

Section 1.  Short title.

7

Section 1.1.  Purpose.

8

Section 2.  Definitions.

9

Section 3.  State Board of Interior Designers.

10

Section 4.  Powers and duties of board.

11

Section 5.  Requirement for biennial renewal.

12

Section 6.  Acceptable continuing education courses.

13

Section 7.  Sources of continuing education.

14

Section 8.  Reporting of hours spent in continuing education.

15

Section 9.  Retention of records.

16

Section 10.  Waiver. 

17

Section 11.  Licensure, qualifications and seal.

 


1

Section 12.  Personal background.

2

Section 13.  Grandfathering.

3

Section 14.  License renewal and continuing education.

4

Section 15.  Title and utilization.

5

Section 16.  Display of license.

6

Section 17.  Unprofessional conduct.

7

Section 18.  Sanctions.

8

Section 19.  Temporary suspension.

9

Section 20.  Remedies.

10

Section 21.  Criminal penalties.

11

Section 22.  Exemptions.

12

Section 23.  Appropriation and repayment.

13

Section 24.  Effective date.

14

The General Assembly of the Commonwealth of Pennsylvania

15

hereby enacts as follows:

16

Section 1.  Short title.

17

This act shall be known and may be cited as the State Board

18

of Interior Designers Act.

19

Section 1.1.  Purpose.

20

The purpose of this act is to protect all citizens of the

21

Commonwealth of Pennsylvania occupying public and private

22

interior spaces by providing for professional interior design

23

licensure.

24

Section 2.  Definitions.

25

The following words and phrases when used in this act shall

26

have the meanings given to them in this section unless the

27

context clearly indicates otherwise:

28

"Biennium."  The period from June 1 of an odd-numbered year

29

to May 31 of the next odd-numbered year.

30

"Board."  The State Board of Interior Designers established

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1

under this act.

2

"Clock hour."  Fifty minutes of instruction or participation

3

in an approved course, not including keynote speeches, luncheon

4

speeches or breaks and marketing or product presentations.

5

"Commissioner."  The Commissioner of Professional and

6

Occupational Affairs of the Commonwealth.

7

"Diversified interior design experience."  Relates to the

8

skills and tasks listed in accordance with the definition of

9

interior design.

10

"Electronic presentation."  Transmittal of information by

11

means of applications such as computer technology,

12

telecommunications, television and like means.

13

"Interior design."  A multifaceted profession in which

14

creative and technical solutions are applied within a structure

15

to enhance the quality and function of an interior space

16

designed for human habitation, use or occupancy. Designs are

17

created in response to and coordinated with the building shell,

18

acknowledging the physical location and social context. The term

19

must adhere to all applicable codes and regulatory requirements

20

and encourage the principles of environmental sustainability,

21

designs, consultations, studies, drawings, specifications and

22

administration of design construction contracts relating to

23

nonstructural interior elements of a building or structure,

24

reflected ceiling plans, space planning, furnishings and the

25

fabrication of nonstructural elements within and surrounding

26

interior spaces of buildings. The term specifically excludes the

27

design of or the responsibility for architectural and

28

engineering work except for specifications for fixtures and

29

their location within interior spaces. The term specifically

30

excludes the design of any structural, mechanical, plumbing,

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1

heating, air-conditioning, ventilating, electrical and vertical

2

transportation systems that materially affect life safety

3

pertaining to fire safety protection.

4

"Interior Design Continuing Education Council" or "IDCEC." 

5

Serving as central entity for the sharing of continuing

6

education information, approval, accreditation and registration.

7

"Interior Design Education Program" or "IDEP."  Serving as a

8

monitored, documented experience program administered by the

9

National Council for Interior Design Qualification for entry-

10

level interior designers.

11

"Interior designer."  A person who is not licensed under this

12

act and who performs nonregulated interior design services.

13

"Kitchen and bath retailer."  An individual who works

14

predominantly in the design planning, retailing, installation

15

and sale of residential kitchens and baths. These individuals

16

may also provide nonregulated interior design services.

17

"License."  Certificate granted by the State Board of

18

Interior Designers qualifying the licensee for registration and

19

practice of interior design in this Commonwealth.

20

"Licensed."  Process by which an interior designer may submit

21

an application form and fee, conditional to qualifications and

22

performing services as a licensed interior designer in

23

Pennsylvania.

24

"Licensed interior designer" or "registered interior

25

designer."  A person licensed under this act who is a licensed

26

design professional qualified by education, experience and

27

examination to affect the health, safety, welfare, function and

28

quality of interior spaces practicing interior design and

29

rendering or offering to render regulated interior design

30

services.

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1

"National Council for Interior Design Qualification" or

2

"NCIDQ."  Serves to establish standards of competence in the

3

practice of interior design. The National Council for Interior

4

Design Qualification serves to identify to the public those

5

interior designers who have met the minimum standards, through

6

examination, for professional practice by passing the NCIDQ

7

examination. The NCIDQ examination tests the full body of

8

interior design knowledge.

9

"Nonregulated interior design services."  The term includes

10

the selection, placement and assistance in selection of surface

11

materials, window treatments, wall coverings, paint, floor

12

coverings, surface-mounted lighting, surface-mounted fixtures

13

and furnishings not subject to regulation under applicable

14

building codes.

15

"Office management."  Activity supportive of administrative

16

or business activities and not related to professional practice,

17

including bookkeeping, business development, finance, marketing,

18

taxes, human resources and the use of office equipment.

19

"Provider."  A person, agency, organization, institution or

20

association approved by the Interior Design State Licensure

21

Board to offer a continuing education organized course

22

(third-party qualifier).

23

"Regulated Interior design services."  Services of interior

24

design that may only be performed by registered design

25

professionals or as regulated by abiding codes and laws in this

26

Commonwealth. Services may include any or all of the following

27

tasks:

28

(1)  designs, consultations, studies, drawings,

29

specifications, space planning, furnishings, contract

30

documents, interior construction documents and the signing

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1

and sealing of those documents;

2

(2)  the administration of design construction contracts

3

relating to nonstructural or nonseismic interior elements of

4

a building structure; and

5

(3)  research and analysis of the client's goals and

6

requirements, development of documents, assessment of codes,

7

drawings and diagrams that outline those needs.

8

"Satellite seminar."  A course provided at a central location

9

and viewed at remote sites by electronic transmission.

10

Section 3.  State Board of Interior Designers.

11

(a)  Establishment.--There is established the State Board of

12

Interior Designers within the Department of State under the

13

Bureau of Occupational Affairs, licensed business entities.

14

(b)  Composition.--The board shall consist of the following:

15

(1)  The commissioner.

16

(2)  Two public members.

17

(3)  Five licensed interior design professionals.

18

Professional members shall have been actively engaged in

19

providing design services in this Commonwealth for at least

20

five years immediately preceding appointment and be duly

21

licensed under this act meeting all qualifications as

22

required under section 11. One professional member shall

23

reside in a county of the first class. One professional

24

member shall reside in a county of the second class.

25

(4)  A representative from the Office of the Attorney

26

General, Bureau of Consumer Protection.

27

(c)  Meeting.--The board shall meet within 30 days after the

28

appointment of its first members and shall set up operating

29

procedures and develop application forms for licensure. It shall

30

be the responsibility of the board to circulate the forms and

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1

educate the public regarding the requirements of this act and

2

regulated interior design services in this Commonwealth.

3

(d)  Term of membership.--Public members shall be appointed

4

by the Governor with the advice and consent of the Senate.

5

Professional and public members shall be citizens of the United

6

States and residents of this Commonwealth. Except as provided

7

under subsection (e), professional and public members shall

8

serve a term of four years, or until a successor has been

9

appointed and qualified but in no event longer than six months

10

beyond the four-year period. In the event that a member dies or

11

resigns or is otherwise disqualified during the term of office,

12

a successor shall be appointed in the same way and with the same

13

qualifications and shall hold office for the remainder of the

14

unexpired term. A professional or public member shall not be

15

eligible to hold more than two consecutive terms.

16

(e)  Appointments.--For professional and public members

17

initially appointed to the board under this act, the term of

18

office shall be as follows:

19

(1)  Five members shall serve for a term of four years.

20

(2)  Two members shall serve for a term of three years.

21

(3)  One member shall serve for a term of two years.

22

(f)  Professional members and initial appointments.--A

23

professional member initially appointed to the board under this

24

act need not be licensed at the time of appointment but, at the

25

time of appointment, must have satisfied eligibility

26

requirements for licensure as provided in section 11(b)(4).

27

(g)  Quorum.--A majority of the members of the board shall

28

constitute a quorum. Except for temporary and automatic

29

suspensions under sections 18 and 19, a member may not be

30

counted as part of a quorum or vote on any issue unless the

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1

member is physically in attendance at the meeting or on a

2

conference system.

3

(h)  Chairman.--The board shall select annually a chairman

4

from among its members. The board, with the approval of the

5

commissioner, shall select and fix the compensation of an

6

executive secretary that will be responsible for the day-to-day

7

operation of the board and administration of the board's

8

activities.

9

(i)  Expenses.--With the exception of the commissioner, each

10

member of the board shall receive $60 per diem when actually

11

attending to the work of the board. A member shall also receive

12

the amount of reasonable travel, hotel and other necessary

13

expenses incurred in the performance of the member's duties in

14

accordance with Commonwealth regulations.

15

(j)  Forfeiture.--A professional or public member who fails

16

to attend three consecutive meetings shall forfeit his seat

17

unless the commissioner, upon written request from the member,

18

finds that the member should be excused from a meeting because

19

of illness or the death of a family member.

20

(k)  Training seminars.--A public member who fails to attend

21

two consecutive statutorily mandated training seminars in

22

accordance with section 813(e) of the act of April 9, 1929

23

(P.L.177, No.175), known as The Administrative Code of 1929,

24

shall forfeit his seat unless the commissioner, upon written

25

request from the public member, finds that the public member

26

should be excused from a meeting because of illness or the death

27

of a family member.

28

(l)  Frequency of meetings.--The board shall meet at least

29

four times a year in the City of Harrisburg and at such

30

additional times as may be necessary to conduct the business of

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1

the board.

2

Section 4.  Powers and duties of board.

3

(a)  General rule.--The board shall have the following powers

4

and duties:

5

(1)  To provide for and regulate the licensing of

6

individuals engaging in providing regulated interior design

7

services.

8

(2)  To issue, renew, reinstate, refuse to renew, suspend

9

and revoke licenses as provided for in this act.

10

(3)  To administer and enforce the provisions of this

11

act.

12

(4)  To create and distribute a universal seal to be used

13

by all licensed interior designers.

14

(5)  To contract with an approved examination

15

administrator, which may include the NCIDQ.

16

(6)  To investigate applications for licensure and to

17

determine the eligibility of an individual applying for

18

licensure.

19

(7)  To promulgate and enforce regulations, not

20

inconsistent with this act, as necessary only to carry into

21

effect the provisions of this act. This paragraph includes

22

the setting of fees and the amount of liability insurance

23

required by licensed interior designers. Regulations shall be

24

adopted in conformity with the provisions of the act of July

25

31, 1968 (P.L.769, No.240), referred to as the Commonwealth

26

Documents Law, and the act of June 25, 1982 (P.L.633,

27

No.181), known as the Regulatory Review Act.

28

(8)  To keep minutes and records of all its transactions

29

and proceedings.

30

(9)  To keep and maintain a registry of individuals

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1

licensed by the board. The board shall provide public access

2

to the registry, including making the registry available via

3

electronic means.

4

(10)  To submit annually to the department an estimate of

5

financial requirements of the board for its administrative,

6

legal and other expenses.

7

(11)  To submit annually a report to the Consumer

8

Protection and Professional Licensure Committee of the Senate

9

and the Professional Licensure Committee of the House of

10

Representatives. The report shall include a description of

11

the types of complaints received, status of cases, the action

12

which has been taken and the length of time from initial

13

complaint to final resolution.

14

(12)  To submit annually to the Appropriations Committee

15

of the Senate and the Appropriations Committee of the House

16

of Representatives, 15 days after the Governor has submitted

17

a budget to the General Assembly, a copy of the budget

18

request for the upcoming fiscal year which the board

19

previously submitted to the department.

20

Section 5.  Requirement for biennial renewal.

21

(a)  Requirement.--As a condition of biennial renewal

22

commencing with the 2010 biennium and continuing thereafter,

23

licensees shall have completed during the preceding biennium ten

24

clock hours of continuing education in acceptable courses

25

approved under section 6.

26

(b)  Exemption.--The board shall exempt from the continuing

27

education requirement a licensee who receives a license within

28

two years preceding the licensee's first application for

29

biennial renewal.

30

(c)  Lapsed license.--A licensee who wishes to reactivate a

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1

lapsed license or who has been on inactive status shall have

2

completed ten hours of continuing education in the two-year

3

period immediately prior to reactivation.

4

Section 6.  Acceptable continuing education courses.

5

(a)  Course approval.--Only courses approved by the board

6

will be accepted for continuing education credit. The licensee

7

shall be responsible for ascertaining the approved status of the

8

course before undertaking a continuing education activity.

9

(b)  Course contents.--Acceptable subject matter for

10

continuing education courses is limited to courses pertaining to

11

the enhancement of the licensed interior designer's professional

12

skills. The board shall not approve courses in office

13

management.

14

(c)  Hours.--Clock hours will be accepted in courses

15

consisting of satellite seminars, electronic presentations and

16

correspondence courses.

17

Section 7.  Sources of continuing education.

18

Courses approved by the board may include, but are not

19

limited to, continuing education approved by IDCEC or another

20

board-approved service.

21

Section 8.  Reporting of hours spent in continuing education.

22

An applicant for license renewal shall certify on the renewal

23

application whether the applicant has completed the required

24

number of hours of board-approved continuing education courses.

25

Section 9.  Retention of records.

26

(a)  Copies.--The licensee shall retain copies of licensure

27

renewal forms and the certificates, transcripts or other

28

acceptable documentation of completion of the prescribed number

29

of clock hours for four years following completion of the

30

course. Records and documentation shall be produced upon demand

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1

by the board or its auditing agents. The board shall utilize a

2

random audit of renewals to determine compliance with the

3

continuing education requirement.

4

(b)  Transcript.--Acceptable documentation of completion for

5

board review shall consist of a transcript prepared by the NCIDQ

6

or other transcript provider as approved by the board.

7

Section 10.  Waiver.

8

The board may waive all or part of the continuing education

9

requirement for biennial renewal upon written documentation by a

10

licensee of illness, emergency or hardship. A waiver request

11

shall be evaluated by the board on a case-by-case basis. The

12

board shall send written notification of its approval or denial

13

of a waiver request.

14

Section 11.  Licensure, qualifications and seal.

15

(a)  Requirement.--Except as otherwise provided herein, a

16

license is required in order to practice regulated interior

17

design in the Commonwealth of Pennsylvania.

18

(b)  Qualifications.--The board may issue a license to an

19

applicant who complies with all of the following:

20

(1)  The applicant must file an application.

21

(2)  The applicant must pay a fee as established by

22

regulation of the board.

23

(3)  Except as set forth under section 13, an applicant

24

must hold a baccalaureate or higher degree from a board-

25

approved education program and have two years of full-time

26

diversified interior design experience or completed IDEP.

27

(4)  Except as set forth under section 13, an applicant

28

must pass the NCIDQ examination or board-approved equivalent

29

examination.

30

(c)  Seals.--The board shall prescribe a seal to be used by

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1

licensed interior designers.

2

(1)  Each licensed interior designer shall obtain a seal

3

as prescribed by the board. A licensed interior designer may

4

sign and seal drawings, plans, specifications and reports

5

prepared or issued by the licensed interior designer and

6

being filed for public record on the date they were prepared

7

or approved. The signature, date and seal shall be evidence

8

of the authenticity of that to which they are affixed.

9

(2)  No licensed interior designer shall affix, or permit

10

to be affixed, the licensed interior designer's seal or

11

signature to any plan, specification, drawing or other

12

document which depicts work which the licensed interior

13

designer is not competent or licensed to perform.

14

(3)  No licensed interior designer shall affix the

15

licensed interior designer's seal or signature to any plan,

16

specification, drawing or other document not prepared by the

17

licensed interior designer or under the licensed interior

18

designer's supervision.

19

(4)  Interior design documents that are prepared and

20

sealed by a licensed interior designer may be submitted for

21

the issuance of a building permit.

22

(d)  Licensure by reciprocity.--The board shall issue a

23

license to an individual who has a valid license in interior

24

design or similar practice from another country, state,

25

territory or possession with a standard of qualifications

26

substantially equivalent to or greater than that provided for in

27

this act.

28

Section 12.  Personal background.

29

(a)  Qualifications.--The applicant must demonstrate all of

30

the following to the satisfaction of the board:

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1

(1)  The applicant is of good moral character.

2

(2)  The applicant is not addicted to the use of alcohol,

3

narcotics or other habit-forming drugs.

4

(3)  The applicant has not been sentenced for a felony or

5

for an offense under the law of another jurisdiction, which,

6

if committed in this Commonwealth, would constitute a felony.

7

Compliance with this paragraph must be documented by a report

8

of criminal history record information from the Pennsylvania

9

State Police or by a statement from the Pennsylvania State

10

Police that its central repository contains no information

11

relating to the applicant. The costs associated with the

12

report or statement shall be paid by the applicant.

13

(4)  The applicant must not have been sentenced for a

14

felony under the act of April 14, 1972 (P.L.233, No.64),

15

known as The Controlled Substance, Drug, Device and Cosmetic

16

Act, or for an offense under the law of another jurisdiction

17

which, if committed in this Commonwealth, would be a felony

18

under The Controlled Substance, Drug, Device and Cosmetic

19

Act, unless the applicant satisfies all of the following

20

criteria:

21

(i)  At least ten years have elapsed from the date of

22

sentencing.

23

(ii)  The applicant has made significant progress in

24

personal rehabilitation since the sentencing such that

25

licensure of the applicant would not be expected to

26

create a substantial risk of harm to the health and

27

safety of clients or the public or create a substantial

28

risk of further criminal violations.

29

(5)  The applicant must not have been sentenced for an

30

offense under section 20 unless five years have elapsed from

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1

the date of sentencing.

2

(b)  Issuance and term.--

3

(1)  Subject to subsections (c) and (d), the board shall

4

issue a license to an applicant who meets the qualifications

5

under section 11(b).

6

(2)  Except as set forth under subsection (c)(3), the

7

term of a license is two years.

8

(3)  Renewal is subject to section 14.

9

(c)  Deadline for initial applications.--

10

(1)  In the initial regulations under this act, the board

11

shall establish an application date for the filing of initial

12

applications for licensure.

13

(2)  An active practitioner as of the effective date of

14

this subsection may continue to practice regulated interior

15

design up until the application date under paragraph (1).

16

(3)  Beginning on the application date under paragraph

17

(1), only an applicant may engage in the practice of

18

regulated interior design service. Practice under this

19

paragraph is limited to the period during which the

20

application is pending before the board.

21

(d)  Transferability.--A license and a temporary license are

22

not transferable.

23

Section 13.  Grandfathering.

24

(a)  Expiration.--This section shall expire December 31,

25

2016, or a date as approved by the board.

26

(b)  Qualifications.--An applicant who passes board-approved

27

sections of the NCIDQ examination is subject to the following:

28

(1)  The applicant must have at least 5 years of

29

diversified experience practicing regulated interior design.

30

(2)  The applicant must have completed ten hours of

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1

continuing education as approved by the board.

2

(c)  Special provisions.--An applicant who is 50 years of age

3

or older is subject to the following:

4

(1)  Documented proof of diversified experience

5

practicing interior design for more than 15 years.

6

(2)  Completion of ten hours of continuing education as

7

approved by the board.

8

Section 14.  License renewal and continuing education.

9

(a)  Scope.--This section applies to all of the following:

10

(1)  A licensee.

11

(2)  A licensee who has allowed the licensee's license to

12

lapse who must meet ten hours of continuing education.

13

(b)  Procedure.--To renew a license, a licensee must do all

14

of the following:

15

(1)  File a renewal application with the board. On the

16

application, the applicant must verify all of the following:

17

(i)  Completion of ten hours of continuing education.

18

(ii)  Successful completion of a background check

19

that is to be conducted by the Pennsylvania State Police.

20

(2)  Payment of a fee established by regulation of the

21

board.

22

(c)  Board.--

23

(1)  Upon receipt of the application and fee, the board

24

shall investigate the licensee to determine all of the

25

following:

26

(i)  The accuracy of the renewal application.

27

(ii)  Action under section 11 completed during the

28

prior license term or pending at the time of renewal

29

application.

30

(2)  After investigation under paragraph (1), if the

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1

board is satisfied that the licensee is fit to be a licensed

2

interior designer, the board shall renew the license.

3

Section 15.  Title and utilization.

4

Only a licensee has the right to use the title Registered

5

Interior Designer or Licensed Interior Designer.

6

Section 16.  Display of license.

7

The board may, by regulation or order, require the posting of

8

licenses.

9

Section 17.  Unprofessional conduct.

10

The following constitutes unprofessional conduct:

11

(1)  Failure to demonstrate the qualifications under

12

section 11.

13

(2)  Failure to refer a client to a licensed professional

14

if the client requires services out of the scope of practice

15

of a licensed interior designer.

16

(3)  Gross incompetence, negligence or misconduct in

17

carrying out the practice of interior design.

18

(4)  Submission of a false or deceptive application to

19

the board.

20

(5)  Being sentenced for a felony in any jurisdiction.

21

(6)  Being sanctioned by an interior design licensing

22

authority within another jurisdiction.

23

(7)  Inability to practice interior design with

24

reasonable skill and safety to clients by reason of illness,

25

abuse of alcohol or other chemical substances or a mental or

26

physical condition.

27

(8)  Violation of any regulation or order of the board.

28

(9)  Knowingly aiding, assisting, hiring or advising

29

unlawful practice of interior design contrary to section

30

21(a).

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1

(10)  Practice or attempt to practice beyond the

2

licensee's defined scope of practice.

3

(11)  Making misleading, deceptive, untrue or fraudulent

4

representations in the practice of regulated interior design.

5

(12)  Conduct outside of, but resulting from, the

6

professional relationship which the board, by regulation,

7

declares to be unprofessional.

8

Section 18.  Sanctions.

9

(a)  Discretionary.--

10

(1)  If the board finds that a licensee has engaged in

11

conduct prohibited by section 17, the board may administer

12

the following sanctions:

13

(i)  Suspend enforcement of its finding and place a

14

licensee on probation with the right to vacate the

15

probationary order for noncompliance.

16

(ii)  Require a licensee to submit to the care,

17

counseling or treatment of a physician or a psychologist

18

designated by the board.

19

(iii)  Administer a public reprimand.

20

(iv)  Impose an administrative penalty of up to

21

$10,000.

22

(v)  Suspend the license.

23

(vi)  Revoke the license.

24

(2)  The board may vacate a sanction if it determines

25

that vacation is just and reasonable.

26

(b)  Mandatory.--

27

(1)  The board shall suspend a license if the licensee is

28

sentenced for a felony under the act of April 14, 1972

29

(P.L.233, No.64), known as The Controlled Substance, Drug,

30

Device and Cosmetic Act, or for an offense under the laws of

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1

another jurisdiction which, if committed in this

2

Commonwealth, would be a felony under The Controlled

3

Substance, Drug, Device and Cosmetic Act.

4

(2)  Automatic suspension under this subsection shall not

5

be stayed pending any appeal of a conviction.

6

(c)  Administrative agency law.--This section is subject to 2

7

Pa.C.S. Ch. 5 Subch. A. (relating to practice and procedure of

8

Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial

9

review of Commonwealth agency action).

10

(d)  Return of license.--The board shall require a licensee

11

whose license has been suspended or revoked to return the

12

license in such manner as the board directs.

13

Section 19.  Temporary suspension.

14

(a)  Authority.--The board may temporarily suspend a license

15

under circumstances as determined by the board to be of an

16

immediate and clear danger to the public health or safety.

17

(b)  Procedure.--

18

(1)  Upon a determination under subsection (a), the board

19

shall issue the licensee an order temporarily suspending the

20

license. The order must:

21

(i)  be sent to the licensee's last known address;

22

and

23

(ii)  include a written statement of all allegations

24

against the licensee.

25

(2)  Upon issuance of the order, the board must commence

26

an action under section 21.

27

(3)  A hearing under section 18(c) must be conducted

28

within 45 days of issuance of the order. If the board does

29

not comply with the time limit under this paragraph, the

30

order shall be void.

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1

(c)  Duration.--A temporary suspension shall remain in effect

2

until the earliest of the following:

3

(1)  The board vacates the suspension.

4

(2)  The order is vacated because of noncompliance with

5

subsection (b)(3).

6

(3)  The expiration of 180 days.

7

Section 20.  Remedies.

8

(a)  Civil penalty.--A licensee's failure to provide the

9

board a report on criminal procedures against the licensee

10

within three months of adjudication shall subject the person to

11

a civil penalty payable to the board not to exceed $10,000. The

12

board may pursue this penalty in a court of competent

13

jurisdiction.

14

(b)  Injunction.--The board may seek injunctive relief in a

15

court of competent jurisdiction to enjoin a person from

16

committing any violation of this act. Relief under this section

17

is in addition to and not in lieu of all remedies and penalties

18

under sections 18, 19 and 21 and other remedies in this act.

19

Section 21.  Criminal penalties.

20

(a)  Unlawful practice.--Except as set forth in section 22,

21

an individual may not practice regulated interior design unless

22

the individual has a license.

23

(b)  Fraud.--A person may not sell, fraudulently obtain or

24

fraudulently furnish a license.

25

(c)  Unlawful use of title.--

26

(1)  An individual who is not a licensee may not use the

27

title Licensed Interior Designer, Registered Interior

28

Designer or Registered Design Professional. It is a violation

29

of this section to hold oneself out to others in any manner,

30

including advertising, as a licensed interior designer and

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1

adopt or use any title or description, including Licensed

2

Interior Designer, Registered Interior Designer or any other

3

derivative of those terms and their related abbreviations,

4

which implies directly or indirectly that regulated interior

5

design services are being provided by a licensed interior

6

designer.

7

(2)  A business entity may not utilize in connection with

8

a business name or activity the words licensed interior

9

designer, registered interior design professional or any

10

derivative of those terms and their related abbreviations,

11

which imply directly or indirectly that regulated interior

12

design services are being provided by licensed interior

13

designers unless a licensed interior designer is employed by

14

that business.

15

(d)  Failure to return license.--An individual may not fail

16

to return a license under section 18(d).

17

(e)  Grading.--

18

(1)  A person that violates subsection (a), (b) or (c)

19

commits a misdemeanor of the second degree.

20

(2)  A person that violates subsection (d) commits a

21

misdemeanor of the third degree.

22

Section 22.  Exemptions.

23

Nothing in this act shall be construed as preventing,

24

restricting or requiring licensure of any of the following

25

activities:

26

(1)  The practice of a profession by an individual who is

27

licensed, certified or registered by a Commonwealth agency

28

under other laws and who is performing services within the

29

authorized scope of practice of their governing statute.

30

(2)  The practice of interior design by an individual

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1

employed by the Federal Government while the person is

2

engaged in the performance of such duties under Federal law.

3

(3)  The practice of interior design by an individual

4

licensed, registered or certified in another jurisdiction

5

when incidentally called into this Commonwealth to teach a

6

course related to interior design or to consult with a

7

licensee.

8

(4)  A student or graduate of a board-approved program

9

under this act who is conducting, learning, practicing or

10

studying interior design under the guidance of a person

11

licensed under this act.

12

(5)  A person or persons who provide nonregulated

13

interior design services.

14

(6)  An individual providing service as part of an

15

emergency response team working in conjunction with disaster

16

relief officials.

17

(7)  An individual or business working as a kitchen and

18

bath retailer in the kitchen and bath industry.

19

(8)  An owner or employee of a retail establishment

20

providing nonregulated interior design services on the

21

premises of a retail establishment or home in the furtherance

22

of a retail sale.

23

(9)  A person customarily engaged in construction work

24

that prepares shop drawings or performs construction

25

management services.

26

(10)  A person employed by a commercial dealer who

27

provides layouts, specifications and bid documents as they

28

relate to furniture sales.

29

Section 23.  Appropriation and repayment.

30

(a)  Appropriation.--The sum of $95,000, or as much thereof

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1

as may be necessary, is appropriated from the Professional

2

Licensure Augmentation Account (PLAA) for fiscal year 2010-2011

3

for the operation of the State Board of Interior Designers to

4

carry out the provisions of this act. This appropriation shall

5

be a continuing appropriation until June 30, 2015, at which time

6

any unexpended funds shall lapse into the PLAA.

7

(b)  Repayment.--The appropriation shall be repaid by the

8

board to the account within three years of the beginning of

9

issuance of licenses by the board.

10

Section 24.  Effective date.

11

This act shall take effect as follows:

12

(1)  Sections 1, 2, 3 and 4 of this act and this section

13

shall take effect immediately.

14

(2)  The remainder of this act shall take effect in 90

15

days.

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