House Bill 1434

    January 18, 2005, read first time and referred to Committee on Employment and Labor.
    February 21, 2005, amended, reported _ Do Pass.
    February 24, 2005, read second time, amended, ordered engrossed.

Reprinted

February 25, 2005

First Regular Session 114th General Assembly (2005)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in ~~this~~ ~~style~~ ~~type.~~
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HOUSE BILL No. 1434

A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 25-1-2-2.1; (05)HB1434.2.1. -->     SECTION 1. IC 25-1-2-2.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.1. Rather than being issued annually, the following permits, licenses, certificates of registration, or evidences of authority granted by a state agency must be issued for a period of two (2) years or for the period specified in the article under which the permit, license, certificate of registration, or evidence of authority is issued if the period specified in the article is longer than two (2) years:
        (1) Certified public accountants, public accountants, and accounting practitioners.
        (2) Architects and landscape architects.
        (3) Dry cleaners.
        (4) Professional engineers.
        (5) Land surveyors.
        (6) Real estate brokers.
        (7) Real estate agents.
        (8) Security dealers' licenses issued by the securities

commissioner.
        (9) Dental hygienists.
        (10) Dentists.
        (11) Veterinarians.
        (12) Physicians.
        (13) Chiropractors.
        (14) Physical therapists.
        (15) Optometrists.
        (16) Pharmacists and assistants, drugstores or pharmacies.
        (17) Motels and mobile home park licenses.
        (18) Nurses.
        (19) Podiatrists.
        (20) Occupational therapists and occupational therapy assistants.
        (21) Respiratory care practitioners.
        (22) Social workers, marriage and family therapists, and mental health counselors.
        (23) Real estate appraiser licenses and certificates issued by the real estate appraiser licensure and certification board.
        (24) Wholesale legend drug distributors.
        (25) Physician assistants.
        (26) Dietitians.
        (27) Hypnotists.
        (28) Athlete agents.
        (29) Manufactured home installers.
        (30) Home inspectors.
         (31) Interior designers.

SOURCE: IC 25-1-7-1; (05)HB1434.2.2. -->     SECTION 2. IC 25-1-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this chapter:
    "Board" means the appropriate agency listed in the definition of regulated occupation in this section.
    "Director" refers to the director of the division of consumer protection.
    "Division" refers to the division of consumer protection, office of the attorney general.
    "Licensee" means a person who is:
        (1) licensed, certified, or registered by a board listed in this section; and
        (2) the subject of a complaint filed with the division.
    "Person" means an individual, a partnership, a limited liability company, or a corporation.
    "Regulated occupation" means an occupation in which a person is licensed, certified, or registered by one (1) of the following:

        (1) Indiana board of accountancy (IC 25-2.1-2-1).
        (2) Board of registration for architects and landscape architects (IC 25-4-1-2).
        (3) Indiana auctioneer commission (IC 25-6.1-2-1).
        (4) State board of barber examiners (IC 25-7-5-1).
        (5) State boxing commission (IC 25-9-1).
        (6) Board of chiropractic examiners (IC 25-10-1).
        (7) State board of cosmetology examiners (IC 25-8-3-1).
        (8) State board of dentistry (IC 25-14-1).
        (9) State board of funeral and cemetery service (IC 25-15-9).
        (10) State board of registration for professional engineers (IC 25-31-1-3).
        (11) Indiana state board of health facility administrators (IC 25-19-1).
        (12) Medical licensing board of Indiana (IC 25-22.5-2).
        (13) Indiana state board of nursing (IC 25-23-1).
        (14) Indiana optometry board (IC 25-24).
        (15) Indiana board of pharmacy (IC 25-26).
        (16) Indiana plumbing commission (IC 25-28.5-1-3).
        (17) Board of podiatric medicine (IC 25-29-2-1).
        (18) Board of environmental health specialists (IC 25-32-1).
        (19) State psychology board (IC 25-33).
        (20) Speech-language pathology and audiology board (IC 25-35.6-2).
        (21) Indiana real estate commission (IC 25-34.1-2).
        (22) Indiana board of veterinary medical examiners (IC 15-5-1.1).
        (23) Department of natural resources for purposes of licensing water well drillers under IC 25-39-3.
        (24) Respiratory care committee (IC 25-34.5).
        (25) Private detectives licensing board (IC 25-30-1-5.1).
        (26) Occupational therapy committee (IC 25-23.5).
        (27) Social worker, marriage and family therapist, and mental health counselor board (IC 25-23.6).
        (28) Real estate appraiser licensure and certification board (IC 25-34.1-8).
        (29) State board of registration for land surveyors (IC 25-21.5-2-1).
        (30) Physician assistant committee (IC 25-27.5).
        (31) Indiana athletic trainers board (IC 25-5.1-2-1).
        (32) Indiana dietitians certification board (IC 25-14.5-2-1).
        (33) Indiana hypnotist committee (IC 25-20.5-1-7).
        (34) Indiana physical therapy committee (IC 25-27).

        (35) Manufactured home installer licensing board (IC 25-23.7).
        (36) Home inspectors licensing board (IC 25-20.2-3-1).
         (37) Office of the secretary of state for purposes of registering interior designers (IC 25-20.7).
        ~~(37)~~ (38) Any other occupational or professional agency created after June 30, 1981.

SOURCE: IC 25-1-8-1; (05)HB1434.2.3. -->     SECTION 3. IC 25-1-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this chapter, "board" means any of the following:
        (1) Indiana board of accountancy (IC 25-2.1-2-1).
        (2) Board of registration for architects and landscape architects (IC 25-4-1-2).
        (3) Indiana auctioneer commission (IC 25-6.1-2-1).
        (4) State board of barber examiners (IC 25-7-5-1).
        (5) State boxing commission (IC 25-9-1).
        (6) Board of chiropractic examiners (IC 25-10-1).
        (7) State board of cosmetology examiners (IC 25-8-3-1).
        (8) State board of dentistry (IC 25-14-1).
        (9) State board of funeral and cemetery service (IC 25-15).
        (10) State board of registration for professional engineers (IC 25-31-1-3).
        (11) Indiana state board of health facility administrators (IC 25-19-1).
        (12) Medical licensing board of Indiana (IC 25-22.5-2).
        (13) Mining board (IC 22-10-1.5-2).
        (14) Indiana state board of nursing (IC 25-23-1).
        (15) Indiana optometry board (IC 25-24).
        (16) Indiana board of pharmacy (IC 25-26).
        (17) Indiana plumbing commission (IC 25-28.5-1-3).
        (18) Board of environmental health specialists (IC 25-32-1).
        (19) State psychology board (IC 25-33).
        (20) Speech-language pathology and audiology board (IC 25-35.6-2).
        (21) Indiana real estate commission (IC 25-34.1-2-1).
        (22) Indiana board of veterinary medical examiners (IC 15-5-1.1-3).
        (23) Department of insurance (IC 27-1).
        (24) State police department (IC 10-11-2-4), for purposes of certifying polygraph examiners under IC 25-30-2.
        (25) Department of natural resources for purposes of licensing water well drillers under IC 25-39-3.
        (26) Private detectives licensing board (IC 25-30-1-5.1).

        (27) Occupational therapy committee (IC 25-23.5-2-1).
        (28) Social worker, marriage and family therapist, and mental health counselor board (IC 25-23.6-2-1).
        (29) Real estate appraiser licensure and certification board (IC 25-34.1-8).
        (30) State board of registration for land surveyors (IC 25-21.5-2-1).
        (31) Physician assistant committee (IC 25-27.5).
        (32) Indiana athletic trainers board (IC 25-5.1-2-1).
        (33) Board of podiatric medicine (IC 25-29-2-1).
        (34) Indiana dietitians certification board (IC 25-14.5-2-1).
        (35) Indiana physical therapy committee (IC 25-27).
        (36) Manufactured home installer licensing board (IC 25-23.7).
        (37) Home inspectors licensing board (IC 25-20.2-3-1).
         (38) Office of secretary of state for purposes of registering interior designers (IC 25-20.7).
        ~~(38)~~ (39) Any other occupational or professional agency created after June 30, 1981.

SOURCE: IC 25-20.7; (05)HB1434.2.5. --> SECTION 5. IC 25-20.7 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,

2005]:
     ARTICLE 20.7. INTERIOR DESIGNERS
    Chapter 1. Application
    Sec. 1. This article applies to a person who practices interior design after December 31, 2005.
    Sec. 2. This article does not apply to an owner or employee of a retail establishment who provides consultation regarding interior decoration or furnishing:
        (1) on the premises of the retail establishment; or
        (2) for the purposes of an actual or prospective retail sale.
    Sec. 3. This article does not apply to a person who:
        (1) does not profess to be a registered interior designer; and
        (2) is:
            (A) an architect licensed under IC 25-4; or
            (B) a professional engineer licensed under IC 25-31.
    Chapter 2. Definitions
    Sec. 1. The definitions in this chapter apply throughout this article.
    Sec. 2. "ARE" refers to the Architectural Registration Exam.
    Sec. 3. "Interior design" means client consultation and preparation and administration of design documents that include:
        (1) design studies;
        (2) drawings;
        (3) schedules;
        (4) specifications; and
        (5) contracts;
relating to nonstructural and nonseismic interior elements of a building or structure. The term includes design documents for space plans, reflected ceiling plans, fire codes, permits, entrances, egress, ergonomics, and the design or specification of fixtures, furnishings, equipment, cabinetry, lighting, materials, finishes, and interior construction that does not materially affect the building system. The term does not include the architectural and engineering design of interior construction.
    Sec. 4. "Interior designer" means a person who practices interior design.
    Sec. 5. "NCIDQ" refers to the National Council for Interior Design Qualification.
    Sec. 6. "Nonstructural or nonseismic" means interior elements or components that:
        (1) are not load bearing or do not assist in the seismic design;
        (2) do not require design computations for the structure of a

building; and
        (3) do not include the structural frame system supporting a building.
This term includes ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building.
    Sec. 7. "Out-of-state applicant" means an individual who is:
        (1) an interior designer registered or licensed under the laws of another state, a foreign country, or a province in a foreign country; and
        (2) an applicant for a certificate of registration under this article.
    Sec. 8. "Reflected ceiling plan" means a ceiling design that illustrates a ceiling as if the ceiling was projected downward and may include lighting elements.
    Sec. 9. "Registered interior designer" means a person registered under this article.
    Sec. 10. "Secretary of state" means the office of the secretary of state.
    Sec. 11. "Space planning" means the analysis of design of spatial and occupancy requirements, including space layouts and final planning.
    Chapter 3. Registration Requirements
    Sec. 1. (a) The secretary of state shall maintain a registry of all interior designers who:
        (1) apply for and meet the registration requirements under this article; and
        (2) pay the annual registration fee.
    (b) The registry shall:
        (1) be maintained in an electronic format; and
        (2) include the:
            (A) name of each registered interior designer; and
            (B) date that the interior designer registered with the secretary of state.
    Sec. 2. The secretary of state shall issue a certificate of registration to an interior designer who does the following:
        (1) Applies for the registration on a form prescribed by the secretary of state.
        (2) Meets the requirements of this article.
        (3) Pays the registration fee under section 5 of this chapter.
    Sec. 3. The secretary of state shall issue a certificate of registration to an applicant who satisfies section 2 of this chapter

and the following:
        (1) Meets one (1) of the following requirements:
            (A) Completes a degree in interior design or similar discipline from an accredited college or university.
            (B) Obtains:
                (i) four (4) years of interior design higher education and two (2) years of full-time work experience;
                (ii) three (3) years of interior design higher education and three (3) years of full-time work experience in interior design; or
                (iii) two (2) years of interior design education and four (4) years of full-time work experience in interior design.
        (2) Except as provided in section 4 of this chapter, an applicant must pass the examination administered by the NCIDQ or the ARE.
    Sec. 4. The examination requirement under section 3(2) of this chapter is waived if the applicant holds:
        (1) a valid license or certificate in interior design from an authority in another jurisdiction that has standards substantially equivalent to this article; and
        (2) a current certificate issued by the NCIDQ or documentation of the successful completion of the ARE.
    Sec. 5. (a) The secretary of state shall collect the following fees under this article:
        (1) An initial registration fee of one hundred dollars ($100).
        (2) A biennial renewal fee of one hundred dollar ($100).
        (3) A restoration fee of three hundred dollars ($300).
    (b) The fees collected by the secretary of state under this article shall be deposited into the electronic and enhanced access fund established by IC 4-5-10-5.
    Sec. 6. To qualify for registration under this article, the applicant must not have a conviction for:
        (1) an act that would constitute a ground for disciplinary sanction under IC 25-1-11; or
        (2) a felony that has a direct bearing on the applicant's ability to practice competently.
    Sec. 7. (a) This section applies only to an out-of-state applicant.
    (b) The secretary of state shall grant a certificate of registration to an out-of-state applicant upon the following conditions:
        (1) The applicant must be at least eighteen (18) years of age and must not have been convicted of:
            (A) an act that would constitute a ground for disciplinary

sanction under IC 25-1-11; or
            (B) a felony that has a direct bearing on the applicant's ability to practice competently.
        (2) The applicant must:
            (A) pass the examination administered by the NCIDQ or the ARE; or
            (B) hold a current valid license or certificate of registration in interior design from an authority in another jurisdiction that has standards substantially equivalent to this article.
        (3) The applicant must pay fees established by the board.
    Sec. 8. A registered interior designer shall display the certificate of registration in a conspicuous place:
        (1) in the principal office;
        (2) of business; or
        (3) of employment;
of the registered interior designer.
    Sec. 9. (a) A registered interior designer shall have a seal or design authorized by the secretary of state, the impression of which must contain:
        (1) the name of the interior designer;
        (2) the words, "registered interior designer" and "state of Indiana"; and
        (3) the expiration date of the certification.
    (b) A registered interior designer must place the seal described in subsection (a) and signature of the registered interior designer on any interior design construction documents issued by the registered interior designer and filed for public record for purposes of obtaining a building permit, including:
        (1) drawings;
        (2) plans;
        (3) specifications; and
        (4) reports.
    (c) If a certificate of registration is suspended or revoked, the interior designer shall return the seal to the secretary of state not later than thirty (30) days after the date the certificate was revoked or suspended. The secretary of state shall return the seal to the interior designer if the suspension is removed.
    Sec. 10. Notwithstanding section 3 of this chapter, a person may be registered with the secretary of state and issued a certificate of registration after completion of the requirements of section 2 of this chapter if the person provides proof to the secretary of state that:

        (1) the person has:
            (A) received two (2) to four (4) years of education in interior design; and
            (B) practiced in the field of interior design for at least ten (10) years; or
        (2) the person has practiced interior design for at least fifteen (15) years.

administered by the NCIDQ or the ARE.
    Chapter 4. Renewal of Certification
    Sec. 1. An individual who applies to renew a certificate of registration as an interior designer must:
        (1) furnish evidence showing successful completion of the continuing education requirements under section 3 of this chapter; and
        (2) pay the renewal fee established under IC 25-20.7-3-5.
    Sec. 2. (a) Renewal notices must be sent in accordance with IC 25-1-2-6(c).
    (b) The renewal fee must be paid in accordance with IC 25-1-8-2(d).
    Sec. 3. Each registered interior designer must complete at least twelve (12) hours of continuing education in interior design or a discipline related to the practice of interior design for the renewal of a certificate under this chapter.
    Sec. 4. (a) A registered interior designer who continues to actively practice interior design shall:
        (1) renew the certification within ninety (90) days before the expiration of the certificate; and
        (2) pay the renewal fee under IC 25-20.7-3-5.
    (b) A registered interior designer whose certificate has expired may have the certificate restored only upon payment of the restoration fee under IC 25-20.7-3-5.
    (c) Subject to subsection (d), an interior designer registered under this article who has failed to renew the interior designer's certificate for a period of not more than five (5) years from the date the certificate expired may have the certificate renewed at any time within the five (5) year period after the certification expired upon:
        (1) making application to the board for renewal of the
certification; and
        (2) paying a renewal fee equal to the sum of the renewal fees that the applicant would have paid if the applicant had regularly renewed the certification during the period that the certification lapsed.
    (d) If a registered interior designer desires to retire from the practice of interior design in Indiana, the interior designer may submit to the secretary of state a verified statement of intention to withdraw from practice. The statement shall be entered in the records of the secretary of state. During the period of the interior designer's retirement, the interior designer is not liable for any renewal or restoration fees. If a retired interior designer desires to return to the practice of interior design in Indiana not later than a period of five (5) years after the date that the interior designer files a statement under this subsection, the retired interior designer must:
        (1) file with the secretary of state a verified statement indicating the interior designer's desire to return to the practice of interior design; and
        (2) pay:
            (A) the renewal fee under IC 25-20.7-3-5 to renew an unexpired certification under this chapter, if the retired interior designer's certification is renewed for one (1) year or more in a biennial renewal cycle; or
            (B) a renewal fee equal to one-half (1/2) the fee under IC 25-20.7-3-5 to renew an unexpired certification under this chapter, if the retired interior designer's certification is renewed for less than one (1) year in a biennial renewal cycle.
    Sec. 5. The secretary of state shall keep a register of all applicants for certification showing for each applicant:
        (1) the dates of application;
        (2) the name, age, and other qualifications;
        (3) the place of business;
        (4) the place of residence;
        (5) whether the applicant was denied or granted a certificate of registration under this article; and
        (6) the date the applicant was denied or granted a certificate of registration.
    Sec. 6. (a) A person may not use the title "registered interior designer" in Indiana or any title designation sign, card, or device indicating that the person is a registered interior designer unless

the person has registered with the secretary of state under this article.
     (b) A person may not:
        (1) present as the person's own the certificate of registration or the seal of another;
        (2) give any false or forged evidence of any kind to the secretary of state or in obtaining a certificate of registration;
        (3) impersonate any other registrant;
        (4) use an expired, suspended, or revoked certificate of registration.
    (c) A violation of this section is a Class B misdemeanor.
    Sec. 7. The secretary of state may suspend or revoke a certificate of registration for a violation under section 6(b) of this chapter.
    Sec. 8. This article does not prevent an interior designer from practicing interior design if the person does not use the designation under section 6 of this chapter.
     Sec. 9. (a) If an interior designer has a civil judgment entered against the interior designer by a court of competent jurisdiction in a civil judicial proceeding for negligence, recklessness, willful misconduct, or other breach of standard of care in the practice of interior design, the secretary of state shall immediately withdraw the interior designer's certificate of registration under this article.
    (b) An interior designer who has a civil judgment described in subsection (a) entered against the interior designer is ineligible to be registered under this article.