§ 59-46.38. Registration of interior designers - Effective date - Qualifications - Reciprocity - Certificate of title - Term of registration or certificate.

A.  On July 1, 2007, the effective date of registration of interior designers begins.

B.  Except as otherwise provided in the State Architectural and Registered Interior Designers Act, no registration shall be issued to any person to represent that the person is a “registered interior designer” nor shall any person be allowed to use the term unless the person pays to the Board the required fees and/or penalties if applicable as established by the rules of the Board and:

1.  Holds an accredited professional degree in interior design from an interior design program accredited by the Foundation for Interior Design Education Research, or its successor, or from an interior design program determined by the Board to be substantially equivalent to an accredited program;

2.  Provides proof of a minimum of two (2) years of full-time diversified and appropriate experience within established standards as the Board shall prescribe; and

3.  Provides to the Board proof of passage of the examination administered by the National Council for Interior Design Qualification or its successor.

C.  The Board may waive the requirements of the State Architectural and Registered Interior Designers Act for an individual who holds a current valid registration from another state, jurisdiction or foreign country where the requirements for registration are substantially equivalent to those required for registration in this state and pays the required fees and/or penalties, if applicable, to the Board.

D.  This section does not apply to a person licensed to practice architecture pursuant to the laws of this state.

E.  Nothing in this act shall be construed to authorize the board to regulate persons who are rendering interior design services and are not a registered interior designer under the provisions of this act or to adopt regulations that would exceed the powers and responsibilities expressly authorized under this act.

F.  Certificate of title shall be subject to the following:

1.  The use of the title “Registered Interior Designer” by a partnership, firm, association, corporation, limited liability company or limited liability partnership is allowed to those entities listed, provided:

a.              one or more of the directors, partners, officers, shareholders, members, managers, or principals is a registered interior designer and is in good standing with the Board, and

b.              the partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of title by the Board;

2.  The Board shall have the power to issue, revoke, deny or refuse to renew a certificate of title for a partnership, firm, association, corporation, limited liability company or limited liability partnership as provided for in this act;

3.  A partnership, firm, association, corporation, limited liability company or limited liability partnership shall file with the Board an application for a certificate of title on a form approved by the Board which shall include the names, addresses, state of registration and registration number of all directors, partners, officers, shareholders, members, managers or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership.  In the event there shall be a change in any of these persons during the term of certification, the change shall be filed with the Board within thirty (30) days after the effective date of the change.  If all the requirements of this section and the Board’s current rules have been met, the Board shall issue a certificate of title to the partnership, firm, association, corporation, limited liability company or limited liability partnership;

4.  The Secretary of State shall not issue a certificate of incorporation or register a foreign corporation or any other entity which includes among the objectives for which it is established the words “Registered Interior Designer” or any modification or derivation of these words, unless the Board has issued for the applicant either a certificate of title for an entity, or a letter indicating the eligibility for an exemption pursuant to the requirements of this act.  The firm applying shall supply the certificate of title or letter from the Board with its application for incorporation or registration;

5.  The Secretary of State shall not register any trade name or service mark which includes such words as set forth in paragraph 4 of this subsection, or modification or derivatives thereof in its firm name or logotype except those entities or individuals holding certificates of title issued under the provisions of this section or letters of eligibility issued by the Board; and

6.  Upon application for renewal and upon compliance with the provisions of this act and the rules of the Board, a certificate of title shall be renewed as provided by this act.

G.  No registration for registered interior designers or a certificate of title for a partnership, firm, association, corporation, limited liability company or limited liability partnership, shall be issued or renewed for longer than two (2) years.  A registration or certificate of title may be renewed upon application, compliance with the rules of the Board and payment of fees prior to or on June 30 of alternate years.  The registration for registered interior designers shall begin July 1, 2007, and shall end June 30, 2009, unless renewed every two (2) years thereafter.  A new registration to replace a lost, destroyed or mutilated registration shall be issued by the Board upon payment of a fee established in accordance with the rules of the Board.

Added by Laws 2006, c. 163, § 27, eff. July 1, 2006.  Amended by Laws 2006, c. 193, § 10, eff. July 1, 2006; Laws 2009, c. 184, § 21, eff. July 1, 2009.