Bill Amendment: IL HB4715 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGISTERED INTERIOR DESIGN
Status: 2022-06-10 - Public Act . . . . . . . . . 102-1066 [HB4715 Detail]
Download: Illinois-2021-HB4715-House_Amendment_001.html
Bill Title: REGISTERED INTERIOR DESIGN
Status: 2022-06-10 - Public Act . . . . . . . . . 102-1066 [HB4715 Detail]
Download: Illinois-2021-HB4715-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4715
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4715 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Registered Interior Designers Act is | ||||||
5 | amended by changing Sections 3, 4, 8, and 13 and by adding | ||||||
6 | Sections 4.1 and 4.2 as follows:
| ||||||
7 | (225 ILCS 310/3) (from Ch. 111, par. 8203)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2027) | ||||||
9 | Sec. 3. Definitions. As used in this Act:
| ||||||
10 | "Accredited institution" means an institution accredited | ||||||
11 | by the Council for Interior Design Accreditation, | ||||||
12 | accreditation body recognized by the United States Department | ||||||
13 | of Education, or a curriculum or transcript approved by the | ||||||
14 | Board per a registration applicant's application. | ||||||
15 | "Address of record" means the designated address recorded | ||||||
16 | by the Department in the applicant's application file or the |
| |||||||
| |||||||
1 | registrant's registration file as maintained by the | ||||||
2 | Department's licensure maintenance unit. | ||||||
3 | "Board" means the Board of Registered Interior Design | ||||||
4 | Professionals established
under Section 6 of this Act.
| ||||||
5 | "Department" means the Department of Financial and | ||||||
6 | Professional Regulation. | ||||||
7 | "Email address of record" means the designated email | ||||||
8 | address recorded by the Department in the applicant's | ||||||
9 | application file or the registrant's registration file as | ||||||
10 | maintained by the Department's licensure maintenance unit. | ||||||
11 | "Interior technical submissions" means the designs, | ||||||
12 | drawings, and specifications that establish the scope of the | ||||||
13 | interior design to be constructed, the standard of quality for | ||||||
14 | materials, workmanship, equipment, and construction systems, | ||||||
15 | and the studies and other technical reports and calculations | ||||||
16 | prepared in the course of the practice of registered interior | ||||||
17 | design. | ||||||
18 | "Practice of interior design" means the design of interior | ||||||
19 | spaces
as a part of an interior alteration or interior | ||||||
20 | construction project in conformity with
public health, safety, | ||||||
21 | and welfare requirements, including the preparation of
| ||||||
22 | documents relating to building code descriptions, project | ||||||
23 | egress plans that require
no increase capacity of exits in the | ||||||
24 | space affected, space planning, finish
materials, furnishings, | ||||||
25 | fixtures, equipment, and the preparation of documents
and | ||||||
26 | interior technical submissions relating to interior |
| |||||||
| |||||||
1 | construction.
"Practice of interior design" does not include: | ||||||
2 | (1) Services that constitute the practice of | ||||||
3 | architecture or the practice of
professional engineering, | ||||||
4 | except for as provided in this Act. | ||||||
5 | (2) Altering or affecting the structural system of a | ||||||
6 | building, including changing
the building's live or dead | ||||||
7 | load on the structural system. | ||||||
8 | (3) Changes to the building envelope, including | ||||||
9 | exterior walls, exterior wall
coverings, exterior wall | ||||||
10 | openings, exterior windows and doors, architectural trim,
| ||||||
11 | balconies and similar projections, bay and oriel windows, | ||||||
12 | roof assemblies and rooftop
structures, and glass and | ||||||
13 | glazing for exterior use in both vertical and sloped
| ||||||
14 | applications in buildings and structures. | ||||||
15 | (4) Altering or affecting the mechanical, plumbing, | ||||||
16 | heating, air conditioning,
ventilation, electrical, | ||||||
17 | vertical transportation, fire sprinkler, or fire alarm | ||||||
18 | systems. | ||||||
19 | (5) Changes beyond the exit access component of a | ||||||
20 | means of egress system. | ||||||
21 | (6) Construction that materially affects life safety | ||||||
22 | systems pertaining to fire
safety or the fire protection | ||||||
23 | of structural elements, or alterations to smoke
evacuation | ||||||
24 | and compartmentalization systems or to fire-rated vertical | ||||||
25 | shafts in
multistory structures. | ||||||
26 | (7) Changes of use to an occupancy of greater hazard |
| |||||||
| |||||||
1 | as determined by the
International Building Code. | ||||||
2 | (8) Changes to the construction classification of the | ||||||
3 | building or structure
according to the International | ||||||
4 | Building Code. | ||||||
5 | "The profession of interior design", within the meaning | ||||||
6 | and intent
of this Act, refers to persons qualified by | ||||||
7 | education, experience, and
examination, who administer | ||||||
8 | contracts for fabrication, procurement, or
installation in the | ||||||
9 | implementation of designs, drawings, and specifications
for | ||||||
10 | any interior design project and offer or furnish professional | ||||||
11 | services,
such as consultations, studies, drawings, and | ||||||
12 | specifications in connection
with the location of lighting | ||||||
13 | fixtures, lamps and specifications of ceiling
finishes as | ||||||
14 | shown in reflected ceiling plans, space planning, furnishings,
| ||||||
15 | or the fabrication of non-loadbearing structural elements | ||||||
16 | within and
surrounding interior spaces of buildings but | ||||||
17 | specifically excluding
mechanical and electrical systems, | ||||||
18 | except for specifications of fixtures
and their location | ||||||
19 | within interior spaces. | ||||||
20 | "Public member" means a person who is not a registered an | ||||||
21 | interior designer,
educator in the field, architect, | ||||||
22 | structural engineer, or professional
engineer. For purposes of | ||||||
23 | board membership, any person with a significant
financial | ||||||
24 | interest in the design or construction service or profession | ||||||
25 | is
not a public member.
| ||||||
26 | "Registered interior designer" means a person who has |
| |||||||
| |||||||
1 | received registration
under Section 8 of this Act. A person | ||||||
2 | represents himself or herself to be a "registered interior | ||||||
3 | designer" within the meaning of this Act if he or she holds | ||||||
4 | himself or herself out to the public by any title | ||||||
5 | incorporating the words "registered interior designer" or any | ||||||
6 | title that includes the words "registered interior design".
| ||||||
7 | "Responsible control" means the amount of control over | ||||||
8 | detailed professional knowledge of the content of interior | ||||||
9 | technical submissions during the preparation as is ordinarily | ||||||
10 | exercised by registered interior designers applying the | ||||||
11 | required professional standard of care. Merely reviewing or | ||||||
12 | reviewing and correcting an interior technical submission or | ||||||
13 | any portion thereof prepared by those not in the regular | ||||||
14 | employment of the office where the registered interior | ||||||
15 | designer is a resident without control over the content of | ||||||
16 | such work throughout its preparation does not constitute | ||||||
17 | responsible control. | ||||||
18 | "Secretary" means the Secretary of Financial and | ||||||
19 | Professional Regulation.
| ||||||
20 | (Source: P.A. 102-20, eff. 1-1-22 .)
| ||||||
21 | (225 ILCS 310/4) (from Ch. 111, par. 8204)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2027) | ||||||
23 | Sec. 4. Title; application of Act. | ||||||
24 | (a) No individual shall, without a valid registration as a | ||||||
25 | registered an
interior designer issued by the Department, in |
| |||||||
| |||||||
1 | any manner hold himself or herself out
to the public as a | ||||||
2 | registered interior designer or attach the title "registered | ||||||
3 | interior
designer" or any other name or designation which | ||||||
4 | would in any way imply
that he or she is able to use the title | ||||||
5 | "registered interior designer" as defined in this Act.
| ||||||
6 | (a-5) Nothing in this Act shall be construed as preventing | ||||||
7 | or restricting
the services offered or advertised by an | ||||||
8 | interior designer who is registered
under this Act.
| ||||||
9 | (b) Nothing in this Act shall prevent the employment, by a | ||||||
10 | registered interior
designer association, partnership, or a
| ||||||
11 | corporation furnishing interior design services
for | ||||||
12 | remuneration, of persons not registered as interior designers | ||||||
13 | to perform services in various capacities as
needed, provided | ||||||
14 | that the persons do not represent themselves as, or use the
| ||||||
15 | title of, "registered interior designer".
| ||||||
16 | (c) Nothing in this Act shall be construed to limit the | ||||||
17 | activities and
use of the title "interior designer" on
the | ||||||
18 | part of a person not registered under this Act who is a | ||||||
19 | graduate of an
interior design program and a full-time | ||||||
20 | employee of a duly chartered
institution of higher education | ||||||
21 | insofar as such person engages in public
speaking, with or | ||||||
22 | without remuneration, provided that such person does not
| ||||||
23 | represent himself or herself to be a registered interior | ||||||
24 | designer or use the title "registered
interior designer".
| ||||||
25 | (d) Nothing contained in this Act shall restrict any | ||||||
26 | person not
registered under this Act from carrying out any of |
| |||||||
| |||||||
1 | the activities
listed in the definition of "the profession of | ||||||
2 | interior design" in
Section 3 if such person does not | ||||||
3 | represent himself or herself or
his or her services in any | ||||||
4 | manner prohibited by this Act.
| ||||||
5 | (e) Nothing in this Act shall be construed as preventing | ||||||
6 | or restricting
the practice, services, or activities of any | ||||||
7 | person licensed in this State
under any other law from | ||||||
8 | engaging in the profession or occupation for which
he or she is | ||||||
9 | licensed , except as specifically provided for in Section 3 .
| ||||||
10 | (f) Nothing in this Act shall be construed as preventing | ||||||
11 | or restricting
the practice, services, or activities of | ||||||
12 | engineers licensed under the
Professional Engineering Practice | ||||||
13 | Act of 1989 or the Structural
Engineering Practice Act of | ||||||
14 | 1989; architects licensed
pursuant to the
Illinois | ||||||
15 | Architectural Practice Act of 1989; any interior decorator or
| ||||||
16 | individual offering interior decorating services including, | ||||||
17 | but not limited
to, the selection of surface materials, window | ||||||
18 | treatments, wall coverings,
furniture, accessories, paint, | ||||||
19 | floor coverings, and lighting fixtures; or
builders, home | ||||||
20 | furnishings salespersons, and similar purveyors of goods and
| ||||||
21 | services relating to homemaking.
| ||||||
22 | (g) Nothing in this Act or any other Act shall prevent a | ||||||
23 | licensed
architect from practicing interior design services. | ||||||
24 | Nothing in this
Act shall be construed as requiring the | ||||||
25 | services of a registered interior designer for the interior | ||||||
26 | designing of a single family
residence.
|
| |||||||
| |||||||
1 | (h) Nothing in this Act shall authorize registered | ||||||
2 | interior designers to perform services, including life safety | ||||||
3 | services that
they are prohibited from performing, or any | ||||||
4 | practice (i) that is restricted in
the Illinois Architecture | ||||||
5 | Practice Act of 1989, the Professional Engineering
Practice | ||||||
6 | Act of 1989, or the Structural Engineering Practice
Act of | ||||||
7 | 1989, or (ii) that they are not authorized to perform under the
| ||||||
8 | Environmental Barriers Act , except as specifically provided
| ||||||
9 | for in Section 3 .
| ||||||
10 | (i) Nothing in this Act shall authorize registered | ||||||
11 | interior designers to advertise services that they are | ||||||
12 | prohibited to perform, including architecture or engineering | ||||||
13 | services, nor to use the title "architect" in any form. | ||||||
14 | (j) Nothing in this Act shall be construed as preventing | ||||||
15 | or restricting persons from engaging in professional services | ||||||
16 | limited to the design of kitchen and bath spaces or the | ||||||
17 | specification of products for kitchen and bath areas in | ||||||
18 | noncommercial settings. | ||||||
19 | (Source: P.A. 102-20, eff. 1-1-22 .)
| ||||||
20 | (225 ILCS 310/4.1 new) | ||||||
21 | Sec. 4.1. Seal. Every registered interior designer shall | ||||||
22 | have a reproducible seal, or facsimile, the impression of | ||||||
23 | which shall contain the name of the registered interior | ||||||
24 | designer, the registrations number, and the words "Registered | ||||||
25 | Interior Designer, State of Illinois". The registered interior |
| |||||||
| |||||||
1 | designer shall affix the signature, current date, date of | ||||||
2 | registration expiration, and seal to the first sheet of any | ||||||
3 | bound set or loose sheets of interior technical submissions | ||||||
4 | used as contract documents between parties to the contract or | ||||||
5 | prepared for the review and approval of any governmental or | ||||||
6 | public authority having jurisdiction by that registered | ||||||
7 | interior designer or under that registered interior designer's | ||||||
8 | responsible control. The sheet of interior technical | ||||||
9 | submissions in which the seal is affixed shall indicate those | ||||||
10 | documents or parts thereof for which the seal shall apply. The | ||||||
11 | seal and dates may be electronically affixed. The registrant | ||||||
12 | may provide, at the registrant's sole discretion, an original | ||||||
13 | signature in the registrant's handwriting, a scanned copy of | ||||||
14 | the document bearing an original signature, or a signature | ||||||
15 | generated by a computer. All interior technical submissions | ||||||
16 | issued by any corporation, partnership, professional service | ||||||
17 | corporation, or professional design firm registered under this | ||||||
18 | Act shall contain the corporate or assumed business name and | ||||||
19 | design firm registration number in addition to any other seal | ||||||
20 | requirements set forth in this Act. | ||||||
21 | A registered interior designer under this Act shall not | ||||||
22 | sign and seal interior technical submissions that were not | ||||||
23 | prepared by or under the responsible control of the registered | ||||||
24 | interior designer, except that: | ||||||
25 | (1) the registered interior designer may sign and seal | ||||||
26 | those portions of the interior technical submission that |
| |||||||
| |||||||
1 | were prepared by or under the responsible control of a | ||||||
2 | person who holds a registration under this Act, and who | ||||||
3 | has signed and sealed the documents, if the registered | ||||||
4 | interior designer has reviewed in whole or in part such | ||||||
5 | portions and has either coordinated their preparation or | ||||||
6 | integrated them into the work; | ||||||
7 | (2) the registered interior designer may sign and seal | ||||||
8 | portions of the professional work that are not required by | ||||||
9 | this Act to be prepared by or under the responsible | ||||||
10 | control of a registered interior designer if the | ||||||
11 | registered interior designer has reviewed and adopted in | ||||||
12 | whole or in part such portions and has integrated them | ||||||
13 | into the work. The work associated with the combination of | ||||||
14 | services in connection with the design and construction of | ||||||
15 | buildings shall be provided by a licensed architect. If | ||||||
16 | engineering services are required in association with an | ||||||
17 | interior nonstructural project being performed by a | ||||||
18 | registered interior designer, the documents that have | ||||||
19 | already been properly sealed by a licensed professional | ||||||
20 | engineer may be compiled and sealed by a registered | ||||||
21 | interior designer. Each design professional shall seal the | ||||||
22 | respective documents and shall not seal a document that | ||||||
23 | was not prepared under the design professional's | ||||||
24 | responsible charge. For all other projects, engineering | ||||||
25 | services shall be procured separate from the registered | ||||||
26 | interior designer; |
| |||||||
| |||||||
1 | (3) a partner or corporate officer of a professional | ||||||
2 | design firm registered in this State, who is registered | ||||||
3 | under this Act, and who has professional knowledge of the | ||||||
4 | content of the interior technical submissions and intends | ||||||
5 | to be responsible for the adequacy of the interior | ||||||
6 | technical submissions may sign and seal interior technical | ||||||
7 | submissions that are prepared by or under the responsible | ||||||
8 | control of a registered interior designer who is | ||||||
9 | registered in this State and who is in the regular | ||||||
10 | employment of the professional design firm. | ||||||
11 | The registered interior designer exercising responsible | ||||||
12 | control under which the interior technical submissions or | ||||||
13 | portions of the interior technical submission were prepared | ||||||
14 | shall be identified on the interior technical submissions or | ||||||
15 | portions of the interior technical submissions by name and | ||||||
16 | Illinois registration number. | ||||||
17 | Any registered interior designer who signs and seals | ||||||
18 | interior technical submissions not prepared by that registered | ||||||
19 | interior designer but prepared under that registered interior | ||||||
20 | designer's responsible control by persons not regularly | ||||||
21 | employed in the office where the registered interior designer | ||||||
22 | is a resident shall maintain and make available to the Board | ||||||
23 | upon request for at least 5 years following such signing and | ||||||
24 | sealing, adequate and complete records demonstrating the | ||||||
25 | nature and extent of the registered interior designer's | ||||||
26 | control over, and detailed professional knowledge of the |
| |||||||
| |||||||
1 | interior technical submissions throughout their preparation.
| ||||||
2 | (225 ILCS 310/4.2 new) | ||||||
3 | Sec. 4.2. Interior technical submissions. | ||||||
4 | (a) All interior technical submissions intended for use in | ||||||
5 | this State shall be prepared and administered in accordance | ||||||
6 | with standards of reasonable professional skill and diligence. | ||||||
7 | Care shall be taken to reflect the requirements of State law | ||||||
8 | and, where applicable, county and municipal ordinances in the | ||||||
9 | submissions. In recognition that registered interior designers | ||||||
10 | are registered for the protection of the public health, | ||||||
11 | safety, and welfare, submissions shall be of such quality and | ||||||
12 | scope, and be so administered, as to conform to professional | ||||||
13 | standards. | ||||||
14 | (b) No officer, board, commission, or other public entity | ||||||
15 | who receives interior technical submissions shall accept for | ||||||
16 | filing or approval any interior technical submissions related | ||||||
17 | to services requiring the involvement of a registered interior | ||||||
18 | designer that do not bear the seal and signature of a | ||||||
19 | registered interior designer. | ||||||
20 | (c) It is unlawful to affix a seal to interior technical | ||||||
21 | submissions if it masks the true identify of the person who | ||||||
22 | actually exercised responsible control of the preparation of | ||||||
23 | such work. A registered interior designer who seals and signs | ||||||
24 | interior technical submissions is not responsible for damage | ||||||
25 | caused by subsequent changes to, or uses of, those interior |
| |||||||
| |||||||
1 | technical submissions where the subsequent changes or uses, | ||||||
2 | including changes to uses made by State or local agencies, are | ||||||
3 | not authorized or approved in writing by the registered | ||||||
4 | interior designer who originally sealed and signed the | ||||||
5 | interior technical submissions.
| ||||||
6 | (225 ILCS 310/8) (from Ch. 111, par. 8208)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2027) | ||||||
8 | Sec. 8. Requirements for registration.
| ||||||
9 | (a) Each applicant for registration shall apply to the | ||||||
10 | Department in
writing on a form provided by the Department. | ||||||
11 | Except as otherwise provided in
this Act, each applicant shall | ||||||
12 | take and pass the examination approved by the
Department. | ||||||
13 | Prior to registration, the applicant shall provide substantial
| ||||||
14 | evidence to the Board that the applicant has completed the | ||||||
15 | education and work experience requirements to sit for the | ||||||
16 | NCIDQ examination administered by the Council for Interior | ||||||
17 | Design Qualification, has successfully passed the NCIDQ exam, | ||||||
18 | has maintained an active NCIDQ certification, and :
| ||||||
19 | (1) is a graduate of a 5-year interior design or | ||||||
20 | architecture program from an
accredited institution and | ||||||
21 | has completed at least 2 years of full-time
diversified | ||||||
22 | interior design experience;
| ||||||
23 | (2) is a graduate of a 4-year interior design or | ||||||
24 | architecture program from an
accredited institution and | ||||||
25 | has completed at least 2 years of full-time
diversified |
| |||||||
| |||||||
1 | interior design experience;
| ||||||
2 | (3) has completed at least 3 years of interior design | ||||||
3 | or architecture curriculum
from an accredited institution | ||||||
4 | and has completed 3 years of full-time
diversified | ||||||
5 | interior design experience; or
| ||||||
6 | (4) is a graduate of a 2-year interior design or | ||||||
7 | architecture program from an
accredited institution and | ||||||
8 | has completed 4 years of full-time diversified
interior | ||||||
9 | design experience.
| ||||||
10 | (b) In addition to providing evidence of meeting the | ||||||
11 | requirements of
subsection (a), each applicant for | ||||||
12 | registration as a registered interior designer shall
provide | ||||||
13 | substantial evidence that he or she has successfully completed | ||||||
14 | the
examination administered by the National Council for | ||||||
15 | Interior Design Qualification
Qualifications .
| ||||||
16 | Examinations for applicants under this Act may be held at | ||||||
17 | the direction of
the Department from time to time but not less | ||||||
18 | than once each year. The scope
and form of the examination | ||||||
19 | shall conform to the National Council for Interior
Design | ||||||
20 | Qualification examination for interior designers.
| ||||||
21 | (b-5) Each applicant for registration shall pay to the | ||||||
22 | Department the required registration fee,
which is not | ||||||
23 | refundable, at the time of filing his or her application.
| ||||||
24 | (b-10) Each applicant for renewal or reinstatement of | ||||||
25 | registration under this Act shall have completed continuing | ||||||
26 | education as set forth by the Department by rule. The |
| |||||||
| |||||||
1 | Department shall consider the recommendations of the Board in | ||||||
2 | establishing requirements for continuing education | ||||||
3 | requirements but shall be no less than 10 hours of continuing | ||||||
4 | education in the areas of health, safety, and welfare every 2 | ||||||
5 | years. | ||||||
6 | (c) An individual may apply for original registration | ||||||
7 | prior to passing the examination. He or she shall have 2 years | ||||||
8 | after the
date of filing an application to pass the | ||||||
9 | examination. If evidence and documentation of passing the | ||||||
10 | examination are received by the Department later than 2 years | ||||||
11 | after the individual's filing, the application shall be denied | ||||||
12 | and the
fee forfeited. The applicant may reapply at any time, | ||||||
13 | but shall meet the requirements
in effect at the time of | ||||||
14 | reapplication.
| ||||||
15 | (d) Upon payment of the required fee, which shall be | ||||||
16 | determined by rule,
an applicant who is an architect licensed | ||||||
17 | under the laws of this State may,
without examination, be | ||||||
18 | granted registration as a registered interior designer by the | ||||||
19 | Department provided the applicant submits
proof of an active | ||||||
20 | architectural license in Illinois.
| ||||||
21 | (Source: P.A. 100-920, eff. 8-17-18; 101-81, eff. 7-12-19 .)
| ||||||
22 | (225 ILCS 310/13) (from Ch. 111, par. 8213)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2027) | ||||||
24 | Sec. 13. Refusal, revocation or suspension of | ||||||
25 | registration. The Department may refuse to issue, renew, or |
| |||||||
| |||||||
1 | restore or may revoke, suspend,
place on probation, reprimand | ||||||
2 | or take other disciplinary action as the
Department may deem | ||||||
3 | proper, including fines not to exceed $10,000 $5,000 for
each | ||||||
4 | violation, with regard to any registration for any one or | ||||||
5 | combination
of the following causes:
| ||||||
6 | (a) Fraud in procuring the certificate of | ||||||
7 | registration.
| ||||||
8 | (b) (Blank). Habitual intoxication or addiction to the | ||||||
9 | use of drugs.
| ||||||
10 | (c) Making any misrepresentations or false promises, | ||||||
11 | directly or
indirectly, to influence, persuade, or induce | ||||||
12 | patronage.
| ||||||
13 | (d) Professional connection or association with, or | ||||||
14 | lending his or her name, to
another for illegal use of the | ||||||
15 | title "registered interior designer", or professional | ||||||
16 | connection or association with any person,
firm, or | ||||||
17 | corporation holding itself out in any manner contrary to | ||||||
18 | this Act.
| ||||||
19 | (e) Obtaining or seeking to obtain checks, money, or | ||||||
20 | any other items of
value by false or fraudulent | ||||||
21 | representations.
| ||||||
22 | (f) Use of the title under a name other than his or her | ||||||
23 | own.
| ||||||
24 | (g) Improper, unprofessional, or dishonorable conduct | ||||||
25 | of a character
likely to deceive, defraud, or harm the | ||||||
26 | public.
|
| |||||||
| |||||||
1 | (h) Conviction in this or another state, or federal | ||||||
2 | court, of any crime
which is a felony, if the Department | ||||||
3 | determines, after investigation, that
such person has not | ||||||
4 | been sufficiently rehabilitated to warrant the public
| ||||||
5 | trust.
| ||||||
6 | (i) A violation of any provision of this Act or its | ||||||
7 | rules.
| ||||||
8 | (j) Revocation by another state, the District of | ||||||
9 | Columbia, territory, or
foreign nation of an interior | ||||||
10 | design or residential interior design license, | ||||||
11 | certification, or
registration if at least one of the
| ||||||
12 | grounds for that revocation is the same as or the | ||||||
13 | equivalent of one of the
grounds for revocation set forth | ||||||
14 | in this Act.
| ||||||
15 | (k) Mental incompetence as declared by a court of | ||||||
16 | competent jurisdiction.
| ||||||
17 | (l) Being named as a perpetrator in an indicated | ||||||
18 | report by the
Department of Children and Family Services | ||||||
19 | pursuant to the Abused and
Neglected Child Reporting Act, | ||||||
20 | and upon proof by clear and convincing
evidence that the | ||||||
21 | registrant has caused a child to be an abused child or
| ||||||
22 | neglected child as defined in the Abused and Neglected | ||||||
23 | Child Reporting Act.
| ||||||
24 | (m) Aiding or assisting another person in violating | ||||||
25 | any provision of this Act or its rules. | ||||||
26 | (n) Failure to provide information in response to a |
| |||||||
| |||||||
1 | written request made by the Department within 30 days | ||||||
2 | after receipt of the written request. | ||||||
3 | (o) Physical illness, including, but not limited to, | ||||||
4 | deterioration through the aging process or loss of motor | ||||||
5 | skill that results in the inability to practice interior | ||||||
6 | design with reasonable judgment, skill, or safety.
| ||||||
7 | (p) Using or attempting to use an expired, inactive, | ||||||
8 | suspended, or revoked registration or the certificate or | ||||||
9 | seal of another registrant or impersonating another | ||||||
10 | registrant. | ||||||
11 | (q) Signing, affixing, or allowing the registered | ||||||
12 | interior designer's seal to be affixed to any interior | ||||||
13 | technical submission not prepared by the registered | ||||||
14 | interior designer or under the registered interior | ||||||
15 | designer's responsible control. | ||||||
16 | (r) Negligence, incompetence, or misconduct in the | ||||||
17 | practice of interior design. | ||||||
18 | (s) Habitual or excessive use or abuse of drugs | ||||||
19 | defined in law as controlled substances, alcohol, | ||||||
20 | narcotics, stimulants, or any other substances that | ||||||
21 | results in the inability to practice with reasonable | ||||||
22 | judgment, skill, or safety. | ||||||
23 | (t) Inability to practice the profession with | ||||||
24 | reasonable judgment, skill, or safety as a result of | ||||||
25 | physical illness, including, but not limited to, | ||||||
26 | deterioration through the aging process, loss of motor |
| |||||||
| |||||||
1 | skill, mental illness, or disability. | ||||||
2 | (u) The determination by a circuit court that a | ||||||
3 | licensee is subject to involuntary admission or judicial | ||||||
4 | admission, as provided in the Mental Health and | ||||||
5 | Developmental Disabilities Code, operates as an automatic | ||||||
6 | suspension. Such suspension will end only upon a finding | ||||||
7 | by a court that the licensee is no longer subject to | ||||||
8 | involuntary admission or judicial admission, the issuance | ||||||
9 | of an order so finding and discharging the patient, and | ||||||
10 | the recommendation of the Board to the Secretary that the | ||||||
11 | licensee be allowed to resume practice. | ||||||
12 | (v) Knowingly undertaking any activity or having any | ||||||
13 | financial or other interest, or accepting any compensation | ||||||
14 | or reward except from the registrant's clients, for | ||||||
15 | registered interior design services by the result of those | ||||||
16 | same services, any of which would reasonably appear to | ||||||
17 | compromise the registrant's professional judgment in | ||||||
18 | serving the best interest of clients or the public. | ||||||
19 | The Department may refuse to issue or may suspend the | ||||||
20 | registration
of any person who fails to file a return, or to | ||||||
21 | pay the tax, penalty, or
interest showing in a filed return, or | ||||||
22 | to pay any final assessment of tax,
penalty, or interest, as | ||||||
23 | required by any tax Act administered by the
Illinois | ||||||
24 | Department of Revenue, until such time as the requirements of | ||||||
25 | any
such tax Act are satisfied.
| ||||||
26 | The entry of a decree by any circuit court establishing |
| |||||||
| |||||||
1 | that any person
holding a certificate of registration under | ||||||
2 | this Act is a person subject to
involuntary admission under | ||||||
3 | the Mental Health and Developmental Disabilities
Code shall | ||||||
4 | operate as a suspension of that registration. That person may
| ||||||
5 | resume using the title "registered interior designer" only | ||||||
6 | upon a finding by the Board that he or she has been determined | ||||||
7 | to be no
longer subject to involuntary admission by the court | ||||||
8 | and upon the Board's
recommendation to the Director that he or | ||||||
9 | she be permitted to resume using the title
"registered | ||||||
10 | interior designer".
| ||||||
11 | (Source: P.A. 100-872, eff. 8-14-18; 100-920, eff. 8-17-18; | ||||||
12 | 101-81, eff. 7-12-19 .)".
|