COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 366
(By Senators Wiedebusch, Bailey, Bowman and Buckalew)
____________
[Originating in the Committee on Government Organization;
reported April 2, 1997.]
____________
A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-seven,
relating to establishing the West Virginia board of certified
interior designers; general provisions; definitions; providing
for qualifications, appointment and terms of board members;
powers and duties; eligibility for, issuance, denial and
expiration of certificates of registration; same, suspension
and revocation; confidentiality of information;
inapplicability of evidentiary privileges; violations; and
penalties.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article thirty-seven, to read as follows:
ARTICLE 37. WEST VIRGINIA CERTIFIED INTERIOR DESIGNERS PRACTICE
ACT.
§30-37-1. General provisions.
Unless otherwise specifically provided in this article, the
provisions of article one of this chapter relating to all state
boards of examination or registration apply to the West Virginia
certified interior designers board created in this article.
§30-37-2. Definitions.
As used in this article:
(a) "Board" means the West Virginia certified interior
designers board.
(b) "Certificate of registration" means a certificate of
registration granted and issued by the board for the practice of
interior design.
(c) "Interior designer" means a design professional who is
qualified by education, training or examination as established in
this act and who provides services in connection with the design of
interior spaces, including preparation of documents relative to
furnishings, fixtures, equipment, and interior construction that
does not materially affect the building, mechanical, structural,
electrical, or life safety systems, and components. Documents as
defined above are not to be construed as those that are required to be filed in state or local building departments or municipalities.
(d) "Certified interior designer" means any person holding a
certificate of registration issued under the provisions of this
article.
§30-37-3. Certificate of registration required; practice limited;
display of registration certificate.
(a) No person, firm, association or corporation may hold
himself or herself out to the public as a certified interior
designer in this state, nor may any person use in connection with
any trade, business, profession or occupation, the words "certified
interior designer" or words, letters or abbreviations of similar
import which tend to induce a belief that the person is a certified
interior designer unless he or she first obtains a certificate in
accordance with the provisions of this article and that certificate
remains unexpired, unsuspended and unrevoked.
(c)
Every person certified under the provisions of this
article shall display his or her certificate in a conspicuous
location at his or her principal place of business.
§30-37-4. Board of certified interior designers created; members;
appointment; qualifications; terms; vacancies; officers;
compensation.
(a) There is hereby created the West Virginia board of
certified interior designers, hereinafter called the board. The
governor shall appoint the members of this board, who shall be residents of this state, by and with the advice and consent of the
Senate. The board shall consist of five members comprised as
follows:
(1) Four professional members who are certified under this
article as certified interior designers, or who, in the case of the
members first appointed, are eligible for a registration under this
article and have been interior designers for at least six years
immediately preceding their appointment.
(2) One lay member to represent the interests of the public.
(b) Of the members first appointed pursuant to subdivision
(1), subsection (a) of this section, one shall be appointed for a
term of one year, two shall be appointed for terms of two years and
one shall be appointed for a term of three years. The member first
appointed pursuant to subdivision (2), subsection (a) of this
section shall be appointed for a term of one year. Thereafter, all
members shall be appointed for terms of three years. Any member
whose term has expired shall serve until his or her successor has
been appointed and has qualified. Vacancies shall be filled in the
same manner as regular appointments are made but shall be for the
unexpired term only. Members appointed to the board are eligible
for reappointment, not to exceed two consecutive full terms.
(c) Not more than three members appointed by the governor as
members of the board shall belong to the same political party. In
making appointments to the board, the governor shall, so far as practicable, select the members from different geographical
sections of the state.
(d) The board shall hold its first meeting within thirty days
after the initial members are appointed and shall, at that meeting,
organize itself and elect officers as provided in section three,
article one of this chapter. The members of the board may not be
compensated for their services as members, but shall be reimbursed
for all reasonable and necessary expenses actually incurred in the
performance of their duties.
§30-37-5. Powers and duties of the board; funds of board.
(a) The board shall:
(1) Examine applicants and determine their eligibility for
certification as provided in this article;
(2) Issue, renew, deny, suspend or revoke certificates in
accordance with the provisions of this article and, in accordance
with the provisions of article one of this chapter, review, affirm,
reverse, vacate or modify its order with respect to any such
denial, suspension or revocation;
(3) Investigate alleged violations of the provisions of this
article, the rules promulgated hereunder and the administrative
orders of the board; take appropriate disciplinary action against
any certified interior designer for the violation; or institute
other appropriate legal action to enforce the provisions of this
article, the rules promulgated hereunder and the administrative orders of the board. For these purposes, the board may employ
investigators who are expressly authorized to conduct inquiries and
inspections which, in the board's judgment, are necessary or
appropriate to enforce this article, including reviewing and
auditing pertinent records maintained at the place of business of
any certified interior designer or at any other place under the
certified interior designer's dominion and control. Any
information thus obtained by the board or its agents shall be
maintained as confidential and may not be disclosed, except as
provided in subsection (b), section eight of this article or
pursuant to court order;
(4) Employ, direct, discharge and define the duties of full or
part-time professional, clerical or other personnel necessary to
effectuate the provisions of this article;
(5) Keep accurate and complete records of its proceedings;
prepare and maintain a register of all persons holding a
certificate under this article, together with a unique serial
number assigned by the board and the dates of issuance and
expiration; and, after administering any examination, prepare a
list of persons achieving a passing score thereon, all of which
shall be made available to the public upon request and at a fee not
to exceed the actual cost of printing and postage;
(6) Maintain, publish and make available to the public, upon
request and for a fee not to exceed the actual cost of printing and postage, the requirements for the issuance of a certificate
provided by this article;
(7) Whenever the board considers it appropriate, confer with
the attorney general or his or her assistants in connection with
all legal matters and questions; and
(8) Take other action that may be reasonably necessary or
appropriate to effectuate the provisions of this article.
(b) The board shall, in accordance with article three, chapter
twenty-nine-a of this code, propose legislative rules and
promulgate interpretive and procedural rules to implement the
provisions of this article and the powers and duties conferred upon
it. Legislative rules proposed by the board shall include, but not
be limited to, rules:
(1) Establishing minimum academic, experiential and
examination standards, consistent with section six of this article,
to be met by applicants for certification provided by this article;
(2) Establishing application and examination procedures for
initial and renewed certification;
(3) Setting reasonable application and examination fees for
certification provided by this article;
(4) Establishing reciprocity criteria for determining whether
the licensure, registration or certification requirements of
another jurisdiction are at least equal to those of this state and
providing procedures whereby the board may waive certain licensure requirements, except fees, for persons who hold a valid license,
registration or certification from the jurisdiction;
(5) Establishing the methods and criteria the board uses in
developing examinations and establishing criteria by which it will
determine whether to accept an examination prepared or conducted by
a private organization as sufficient for testing knowledge of
interior design practice and theory; and providing procedures
whereby the board may waive its examination requirements for
persons who have satisfactorily passed the examination;
(6) Adopting a code of ethics or professional conduct;
(7) Establishing continuing education requirements to be met
as a condition of registration renewal;
(8) Establishing requirements for monitored internship; and
(9) Creating a stamp that may be used only on a contractual
agreement between the certified interior designer and the client.
(c) In addition to other powers granted in this article or
article one of this chapter, the board may reinstate the
registration of any person whose certificate has been suspended or
revoked and may, in its discretion, impose conditions upon that
certificate in his or her practice for a reasonable period after
reinstatement if those conditions advance the purposes of this
article.
(d) All moneys paid to the board shall be accepted by a person
designated by the board, deposited with the treasurer of state and credited to an account hereby established and designated as the
"board of certified interior designers fund". The reimbursement of
all reasonable and necessary expenses actually incurred by members
of the board and all other costs and expenses incurred by the board
in the administration of this article shall be paid from this fund,
and no part of the state's general revenue fund may be expended for
this purpose.
§30-37-6. Qualifications of applicants for certification as
interior designers; exceptions; applications; fees.
(a) To be eligible for any license issued under the provisions
of this article, an applicant must:
(1) Be of good moral character;
(2) Reside in this state at the time of application or provide
documentation satisfactorily evidencing his or her intention to
practice in this state;
(3) Submit a completed application on a form prescribed by the
board, together with academic transcripts or other proof as may be
required by the board showing that the applicant meets the
applicable academic licensure requirements, including a four year
degree in interior design from an accredited institution of higher
education;
(4) Pay to the board as it may establish by rule a
nonrefundable initial application fee, which fee may not exceed
three hundred dollars;
(5) Except as otherwise provided in this article or by
legislative rule promulgated hereunder, successfully complete the
examination approved by the national council for interior design
qualification or an equivalent examination; and
(6) Not have been convicted of a felony or a crime involving
moral turpitude in any court in this state or any court in any
other state, which conviction remains unreversed.
(b) Notwithstanding any other provision of this code to the
contrary, the board shall grant the appropriate certificate to any
person who, upon proper application and submission of the
appropriate fee, and within twelve months of the effective date of
this article demonstrates to the board's satisfaction that he or
she has actively engaged in the practice of interior design as
defined in this article. The applicant must meet two of the four
following requirements:
(1) Four year degree in interior design from an accredited
institution of higher education;
(2) Six continuous years of interior design practice;
(3) Present for board approval a professional design portfolio
which must include letters of references from three clients,
sponsorship by a certified interior designer and display of three
design projects by either photographs, presentation boards, or an
on-site review; or
(4) Successful completion of the national council for interior design qualification examination or its equivalent.
§30-37-7. Issuance of certificate; expiration; renewal; renewal
fee; reciprocity.
(a) Whenever the board finds that an applicant has met all of
the applicable requirements for a certification issued under this
article, it shall issue a certificate to that applicant; otherwise,
the board shall deny the same. A certificate issued hereunder
expires three years from the date issued but may be renewed without
examination upon application for renewal on a form prescribed by
the board, submission of evidence satisfactory to the board that he
or she has successfully met the applicable continuing education
requirements for the certificate to be renewed and payment of a
renewal fee, not to exceed three hundred dollars. Any application
for renewal not submitted within thirty days of the certificate's
expiration date shall include an additional late renewal fee in the
amount of twenty-five dollars. The board may deny an application
for renewal for any reason which would justify the denial of an
original application for certification.
(b) The board may waive the academic, experience and
examination requirements for certification for any applicant who
presents satisfactory proof of comparable licensure, certification
or registration in another state which the board has approved for
reciprocity.
§30-37-8. Orders of the board as public information; evidentiary privilege does not apply.
(a) Orders of the board relating to any disciplinary action
against a certified interior designer are public information.
(b) No evidentiary privilege applies in any investigation or
proceeding by the board with respect to relevant medical or other
records or testimony: Provided, That the disclosure of any
information pursuant to this subsection may not be considered a
waiver of any privilege in any other proceeding.
§30-37-9. Violations; criminal penalties.
Any person who violates any provision of this article is
guilty of a misdemeanor and, upon conviction thereof, shall for a
first offense be fined not more than one hundred dollars, confined
in a county or regional jail facility for not more than ninety
days, or both fined and imprisoned. For a second or subsequent
offense, he or she shall be fined not more than five hundred
dollars, confined in the county or regional jail for not more than
ninety days, or both fined and imprisoned.
§30-37-10. Exclusions.
Notwithstanding any section in the article to the contrary,
the provisions hereof shall not apply to the practice of
architecture nor to any person registered and subject to the
provisions of article twelve of this chapter.
____________
(NOTE: §30-37 is new; therefore, strike-throughs and
underscoring have been omitted.)