Modifies provisions relating to interior designers

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2353
103RD GENERAL ASSEMBL Y
4062H.06C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 324.001, 324.028, 324.400, 324.402, 324.403, 324.406, 324.409, 324.412,
324.415, 324.418, 324.421, 324.424, 324.427, 324.430, 324.433, 324.436, 324.439,
327.01 1, 327.031, 327.041, 327.081, 327.381, 327.41 1, 327.442, 327.451, 537.033,
and 621.045, RSMo, and to enact in lieu thereof twenty-two new sections relating to
interior designers, with penalty provisions and a contingent ef fective date for certain
sections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 324.001, 324.028, 324.400, 324.402, 324.403, 324.406, 324.409,
2 324.412, 324.415, 324.418, 324.421, 324.424, 324.427, 324.430, 324.433, 324.436, 324.439,
3 327.01 1, 327.031, 327.041, 327.081, 327.381, 327.41 1, 327.442, 327.451, 537.033, and
4 621.045, RSMo, are repealed and twenty-two new sections enacted in lieu thereof, to be
5 known as sections 324.001, 324.028, 327.01 1, 327.031, 327.041, 327.081, 327.381, 327.41 1,
6 327.442, 327.451, 327.700, 327.705, 327.710, 327.720, 327.725, 327.730, 327.735, 327.740,
7 327.745, 327.750, 537.033, and 621.045, to read as follows:
324.001. 1. For the purposes of this section, the following terms mean:
2 (1) "Department", the department of commerce and insurance;
3 (2) "Director", the director of the division of professional registration; and
4 (3) "Division", the division of professional registration.
5 2. There is hereby established a "Division of Professional Registration" assigned to
6 the department of commerce and insurance as a type III transfer , headed by a director
7 appointed by the governor with the advice and consent of the senate. All of the general
8 provisions, definitions and powers enumerated in section 1 of the Omnibus State
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
9 Reor ganization Act of 1974 and Executive Order 06-04 shall apply to this department and its
10 divisions, agencies, and personnel.
11 3. The director of the division of professional registration shall promulgate rules and
12 regulations which designate for each board or commission assigned to the division the
13 renewal date for licenses or certificates. After the initial establishment of renewal dates, no
14 director of the division shall promulgate a rule or regulation which would change the renewal
15 date for licenses or certificates if such change in renewal date would occur prior to the date on
16 which the renewal date in ef fect at the time such new renewal date is specified next occurs.
17 Each board or commission shall by rule or regulation establish licensing periods of one, two,
18 or three years. Registration fees set by a board or commission shall be ef fective for the entire
19 licensing period involved, and shall not be increased during any current licensing period.
20 Persons who are required to pay their first registration fees shall be allowed to pay the pro rata
21 share of such fees for the remainder of the period remaining at the time the fees are paid.
22 Each board or commission shall provide the necessary forms for initial registration, and
23 thereafter the director may prescribe standard forms for renewal of licenses and certificates.
24 Each board or commission shall by rule and regulation require each applicant to provide the
25 information which is required to keep the board's records current. Each board or commission
26 shall have the authority to collect and analyze information required to support workforce
27 planning and policy development. Such information shall not be publicly disclosed so as to
28 identify a specific health care provider , as defined in section 376.1350. Each board or
29 commission shall issue the original license or certificate.
30 4. The division shall provide clerical and other staff services relating to the issuance
31 and renewal of licenses for all the professional licensing and regulating boards and
32 commissions assigned to the division. The division shall perform the financial management
33 and clerical functions as they each relate to issuance and renewal of licenses and certificates.
34 "Issuance and renewal of licenses and certificates" means the ministerial function of
35 preparing and delivering licenses or certificates, and obtaining material and information for
36 the board or commission in connection with the renewal thereof to include verifying if the
37 applicant has submitted all required documentation and that the documentation is legible. It
38 does not include any discretionary authority with regard to the original review of an
39 applicant's qualifications for licensure or certification, or the subsequent review of licensee's
40 or certificate holder's qualifications, or any disciplinary action contemplated against the
41 licensee or certificate holder . The division may develop and implement microfilming systems
42 and automated or manual management information systems.
43 5. The director of the division shall maintain a system of accounting and budgeting, in
44 cooperation with the director of the department, the of fice of administration, and the state
45 auditor's of fice, to ensure proper char ges are made to the various boards for services rendered
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46 to them. The general assembly shall appropriate to the division and other state agencies from
47 each board's funds moneys suf ficient to reimburse the division and other state agencies for all
48 services rendered and all facilities and supplies furnished to that board.
49 6. For accounting purposes, the appropriation to the division and to the of fice of
50 administration for the payment of rent for quarters provided for the division shall be made
51 from the "Professional Registration Fees Fund", which is hereby created, and is to be used
52 solely for the purpose defined in subsection 5 of this section. The fund shall consist of
53 moneys deposited into it from each board's fund. Each board shall contribute a prorated
54 amount necessary to fund the division for services rendered and rent based upon the system of
55 accounting and budgeting established by the director of the division as provided in subsection
56 5 of this section. T ransfers of funds to the professional registration fees fund shall be made by
57 each board on July first of each year; provided, however , that the director of the division may
58 establish an alternative date or dates of transfers at the request of any board. Such transfers
59 shall be made until they equal the prorated amount for services rendered and rent by the
60 division. The provisions of section 33.080 to the contrary notwithstanding, money in this
61 fund shall not be transferred and placed to the credit of general revenue.
62 7. The director of the division shall be responsible for collecting and accounting for
63 all moneys received by the division or its component agencies. Any money received by a
64 board or commission shall be promptly given, identified by type and source, to the director .
65 The director shall keep a record by board and state accounting system classification of the
66 amount of revenue the director receives. The director shall promptly transmit all receipts to
67 the department of revenue for deposit in the state treasury to the credit of the appropriate
68 fund. The director shall provide each board with all relevant financial information in a timely
69 fashion. Each board shall cooperate with the director by providing necessary information.
70 8. All educational transcripts, test scores, complaints, investigatory reports, and
71 information pertaining to any person who is an applicant or licensee of any agency assigned
72 to the division of professional registration by statute or by the department are confidential and
73 may not be disclosed to the public or any member of the public, except with the written
74 consent of the person whose records are involved. The agency which possesses the records or
75 information shall disclose the records or information if the person whose records or
76 information is involved has consented to the disclosure. Each agency is entitled to the
77 attorney-client privilege and work-product privilege to the same extent as any other person.
78 Provided, however , that any board may disclose confidential information without the consent
79 of the person involved in the course of voluntary interstate exchange of information, or in the
80 course of any litigation concerning that person, or pursuant to a lawful request, or to other
81 administrative or law enforcement agencies acting within the scope of their statutory
82 authority . Information regarding identity , including names and addresses, registration, and
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83 currency of the license of the persons possessing licenses to engage in a professional
84 occupation and the names and addresses of applicants for such licenses is not confidential
85 information.
86 9. Any deliberations conducted and votes taken in rendering a final decision after a
87 hearing before an agency assigned to the division shall be closed to the parties and the public.
88 Once a final decision is rendered, that decision shall be made available to the parties and the
89 public.
90 10. A compelling governmental interest shall be deemed to exist for the purposes of
91 section 536.025 for licensure fees to be reduced by emer gency rule, if the projected fund
92 balance of any agency assigned to the division of professional registration is reasonably
93 expected to exceed an amount that would require transfer from that fund to general revenue.
94 1 1. (1) The following boards and commissions are assigned by specific type transfers
95 to the division of professional registration: Missouri state board of accountancy , chapter 326;
96 board of cosmetology and barber examiners, chapters 328 and 329; Missouri board for
97 architects, professional engineers, professional land surveyors [ and ] , pro fessional landscape
98 architects , and licensed interior designers , chapter 327; Missouri state board of chiropractic
99 examiners, chapter 331; state board of registration for the healing arts, chapter 334; Missouri
100 dental board, chapter 332; state board of embalmers and funeral directors, chapter 333; state
101 board of optometry , chapter 336; Missouri state board of nursing, chapter 335; board of
102 pharmacy , chapter 338; state board of podiatric medicine, chapter 330; Missouri real estate
103 appraisers commission, chapter 339; and Missouri veterinary medical board, chapter 340.
104 The governor shall appoint members of these boards by and with the advice and consent of
105 the senate.
106 (2) The boards and commissions assigned to the division shall exercise all their
107 respective statutory duties and powers, except those clerical and other staff services involving
108 collecting and accounting for moneys and financial management relating to the issuance and
109 renewal of licenses, which services shall be provided by the division, within the appropriation
110 therefor . Nothing herein shall prohibit employment of professional examining or testing
111 services from professional associations or others as required by the boards or commissions on
112 contract. Nothing herein shall be construed to af fect the power of a board or commission to
113 expend its funds as appropriated. However , the division shall review the expense vouchers of
114 each board. The results of such review shall be submitted to the board reviewed and to the
115 house and senate appropriations committees annually .
116 (3) Notwithstanding any other provisions of law , the director of the division shall
117 exercise only those management functions of the boards and commissions specifically
118 provided in the Reor ganization Act of 1974, and those relating to the allocation and
119 assignment of space, personnel other than board personnel, and equipment.
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120 (4) "Board personnel", as used in this section or chapters 317, 326, 327, 328, 329,
121 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, and 345, shall mean personnel whose
122 functions and responsibilities are in areas not related to the clerical duties involving the
123 issuance and renewal of licenses, to the collecting and accounting for moneys, or to financial
124 management relating to issuance and renewal of licenses; specifically included are executive
125 secretaries (or comparable positions), consultants, inspectors, investigators, counsel, and
126 secretarial support staff for these positions; and such other positions as are established and
127 authorized by statute for a particular board or commission. Boards and commissions may
128 employ legal counsel, if authorized by law , and temporary personnel if the board is unable to
129 meet its responsibilities with the employees authorized above. Any board or commission
130 which hires temporary employees shall annually provide the division director and the
131 appropriation committees of the general assembly with a complete list of all persons
132 employed in the previous year , the length of their employment, the amount of their
133 remuneration, and a description of their responsibilities.
134 (5) Board personnel for each board or commission shall be employed by and serve at
135 the pleasure of the board or commission, shall be supervised as the board or commission
136 designates, and shall have their duties and compensation prescribed by the board or
137 commission, within appropriations for that purpose, except that compensation for board
138 personnel shall not exceed that established for comparable positions as determined by the
139 board or commission pursuant to the job and pay plan of the department of commerce and
140 insurance. Nothing herein shall be construed to permit salaries for any board personnel to be
141 lowered except by board action.
142 12. All the powers, duties, and functions of the division of athletics, chapter 317, and
143 others, are assigned by type I transfer to the division of professional registration.
144 13. Wherever the laws, rules, or regulations of this state make reference to the
145 division of professional registration of the department of economic development, such
146 references shall be deemed to refer to the division of professional registration.
147 14. (1) The state board of nursing, board of pharmacy , Missouri dental board, state
148 committee of psychologists, state board of chiropractic examiners, state board of optometry ,
149 Missouri board of occupational therapy , or state board of registration for the healing arts may
150 individually or collectively enter into a contractual agreement with the department of health
151 and senior services, a public institution of higher education, or a nonprofit entity for the
152 purpose of collecting and analyzing workforce data from its licensees, registrants, or permit
153 holders for future workforce planning and to assess the accessibility and availability of
154 qualified health care services and practitioners in Missouri. The boards shall work
155 collaboratively with other state governmental entities to ensure coordination and avoid
156 duplication of ef forts.
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157 (2) The boards may expend appropriated funds necessary for operational expenses of
158 the program formed under this subsection. Each board is authorized to accept grants to fund
159 the collection or analysis authorized in this subsection. Any such funds shall be deposited in
160 the respective board's fund.
161 (3) Data collection shall be controlled and approved by the applicable state board
162 conducting or requesting the collection. Notwithstanding the provisions of sections 324.010
163 and 334.001, the boards may release identifying data to the contractor to facilitate data
164 analysis of the health care workforce including, but not limited to, geographic, demographic,
165 and practice or professional characteristics of licensees. The state board shall not request or
166 be authorized to collect income or other financial earnings data.
167 (4) Data collected under this subsection shall be deemed the property of the state
168 board requesting the data. Data shall be maintained by the state board in accordance with
169 chapter 610, provided that any information deemed closed or confidential under subsection 8
170 of this section or any other provision of state law shall not be disclosed without consent of the
171 applicable licensee or entity or as otherwise authorized by law . Data shall only be released in
172 an aggregate form by geography , profession or professional specialization, or population
173 characteristic in a manner that cannot be used to identify a specific individual or entity . Data
174 suppression standards shall be addressed and established in the contractual agreement.
175 (5) Contractors shall maintain the security and confidentiality of data received or
176 collected under this subsection and shall not use, disclose, or release any data without
177 approval of the applicable state board. The contractual agreement between the applicable
178 state board and contractor shall establish a data release and research review policy to include
179 legal and institutional review board, or agency-equivalent, approval.
180 (6) Each board may promulgate rules subject to the provisions of this subsection and
181 chapter 536 to ef fectuate and implement the workforce data collection and analysis authorized
182 by this subsection. Any rule or portion of a rule, as that term is defined in section 536.010,
183 that is created under the authority delegated in this section shall become ef fective only if it
184 complies with and is subject to all of the provisions of chapter 536 and, if applicable, section
185 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with
186 the general assembly under chapter 536 to review , to delay the ef fective date, or to disapprove
187 and annul a rule are subsequently held unconstitutional, then the grant of rulemaking
188 authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void.
324.028. Any member authorized under the provisions of sections 256.459, 324.063,
2 324.177, 324.203, 324.243, [ 324.406, ] 324.478, 326.259, 327.031, 329.015, 330.1 10,
3 331.090, 332.021, 333.151, 334.120, 334.430, 334.625, 334.717, 334.749, 334.830,
4 335.021, 336.130, 337.050, 337.305, 337.535, 337.622, 337.739, 338.1 10, 339.120,
5 340.202, 345.080, and 346.120 who misses three consecutive regularly scheduled meetings
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6 of the board or council on which he or she serves shall forfeit his or her membership on that
7 board or council. A new member shall be appointed to the respective board or council by the
8 governor with the advice and consent of the senate.
327.01 1. As used in this chapter , the following words and terms shall have the
2 meanings indicated:
3 (1) "Accredited degree program from a school of architecture", a degree from any
4 school or other institution which teaches architecture and whose curricula for the degree in
5 question have been, at the time in question, certified as accredited by the National
6 Architectural Accrediting Board;
7 (2) "Accr edited degr ee prog ram fr om a school of interior design", a degr ee fr om
8 any school or other institution which teaches interior design and whose curricula for the
9 degr ee in question have been, at the time in question, certified as accr edited by the
10 Council for Interior Design Accr editation or an accr editation body recogn ized by the
11 United States Department of Education;
12 (3) "Accredited school of engineering", any school or other institution which teaches
13 engineering and whose curricula on the subjects in question are or have been, at the time in
14 question certified as accredited by the engineering accreditation commission of the
15 accreditation board for engineering and technology or its successor or ganization;
16 [ (3) ] (4) "Accredited school of landscape architecture", any school or other institution
17 which teaches landscape architecture and whose curricula on the subjects in question are or
18 have been at the times in question certified as accredited by the Landscape Architecture
19 Accreditation Board of the American Society of Landscape Architects;
20 [ (4) ] (5) "Architect", any person authorized pursuant to the provisions of this chapter
21 to practice architecture in Missouri, as the practice of architecture is defined in section
22 327.091;
23 [ (5) ] (6) "Board", the Missouri board for architects, professional engineers,
24 professional land surveyors [ and ] , professional landscape architects , and licensed interior
25 designers ;
26 [ (6) ] (7) "Corporation", any general business corporation, professional corporation or
27 limited liability company;
28 [ (7) ] (8) "Design coordination", the review and coordination of technical submissions
29 prepared by others including, as appropriate and without limitation, architects, professional
30 engineers, professional land surveyors, professional landscape architects, licensed interior
31 designers, and other consultants;
32 [ (8) ] (9) "Design survey", a survey which includes all activities required to gather
33 information to support the sound conception, planning, design, construction, maintenance,
34 and operation of design projects, but excludes the surveying of real property for the
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35 establishment of land boundaries, rights-of-way , easements, and the dependent or
3 6 independent surveys or resurveys of the public land survey system;
37 [ (9) ] (10) "Incidental practice", the performance of other professional services
38 licensed under this chapter that are related to a licensee's professional service, but are
39 secondary and substantially less in scope and magnitude when compared to the professional
40 services usually and normally performed by the licensee practicing in their licensed
41 profession. This incidental professional service shall be safely and competently performed by
42 the licensee without jeopardizing the health, safety , and welfare of the public. The licensee
43 shall be qualified by education, training, and experience as determined by the board and in
44 sections 327.091, 327.181, 327.272, [ and ] 327.600 , and 327.700 and applicable board rules
45 to perform such incidental professional service;
46 (1 1) "Licensed interior designer", any person authorized pursuant to the
47 pr ovisions of this chapter to practice as a licensed interior designer in Missouri, as the
48 practice of licensed interior design is defined in section 327.700;
49 [ (10) ] (12) "Licensee", a person licensed to practice any profession regulated under
50 this chapter or a corporation authorized to practice any such profession;
51 [ (1 1) ] (13) "Partnership", any partnership or limited liability partnership;
52 [ (12) ] (14) "Person", any individual, corporation, firm, partnership, association or
53 other entity authorized to do business;
54 [ (13) ] (15) "Professional engineer", any person authorized pursuant to the provisions
55 of this chapter to practice as a professional engineer in Missouri, as the practice of
56 engineering is defined in section 327.181;
57 [ (14) ] (16) "Professional land surveyor", any person authorized pursuant to the
58 provisions of this chapter to practice as a professional land surveyor in Missouri as the
59 practice of land surveying is defined in section 327.272;
60 [ (15) ] (17) "Professional landscape architect", any person authorized pursuant to the
61 provisions of this chapter to practice as a professional landscape architect in Missouri as the
62 practice of pr ofessional landscape architecture is defined in section 327.600;
63 [ (16) ] (18) "Responsible char ge", the independent direct control of a licensee's work
64 and personal supervision of such work pertaining to the practice of architecture, engineering,
65 land surveying, [ or ] landscape architecture , or interior design .
327.031. 1. The "Missouri Board for Architects, Professional Engineers, Professional
2 Land Surveyors [ and ] , Professional Landscape Architects , and Licensed Interior Designers "
3 is hereby established and shall consist of [ fifteen ] seventeen members: a chairperson, who
4 may be either an architect, a professional engineer , a professional land surveyor , [ or ] a
5 professional landscape architect , or a licensed interior designer ; three architects, who shall
6 constitute the architectural division of the board; four professional engineers, who shall
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7 constitute its professional engineering division; three professional land surveyors, who shall
8 constitute its professional land surveying division; three professional landscape architects,
9 who shall constitute its professional landscape architectural division; two licensed interior
10 designers, who shall constitute its licensed interior design division; and a voting public
11 member .
12 2. After receiving his or her commission and before entering upon the dischar ge of
13 his or her of ficial duties, each member of the board shall take, subscribe to and file in the
14 of fice of the secretary of state the of ficial oath required by the constitution.
15 3. The chairperson shall be the administrative and executive of ficer of the board, and
16 it shall be his or her duty to supervise and expedite the work of the board and its divisions,
17 and, at his or her election, when a tie exists between the divisions of the board, to break the tie
18 by recording his or her vote for or against the action upon which the divisions are in
19 disagreement. Each member of the architectural division shall have one vote when voting on
20 an action pending before the board; each member of the professional engineering division
21 shall have one vote when voting on an action pending before the board; each member of the
22 professional land surveying division shall have one vote when voting on an action pending
23 before the board; [ and ] each member of the professional landscape architectural division shall
24 have one vote when voting on an action pending before the board ; and each member of the
25 licensed interior design division shall have one vote when voting on an action pending
26 befor e the board . Every motion or proposed action upon which the divisions of the board
27 are tied shall be deemed lost, and the chairperson shall so declare, unless the chairperson shall
28 elect to break the tie as provided in this section. [ Eight ] Nine voting members of the board,
29 including at least one member of each division, shall constitute a quorum, respectively , for the
30 transaction of board business.
31 4. Each division of the board shall, at its first meeting in each even-numbered year ,
32 elect one of its members as division chairperson for a term of two years. T wo voting
33 members of each division of the board shall constitute a quorum for the transaction of
34 division business. The chairpersons of the architectural division, professional engineering
35 division, professional land surveying division, [ and ] professional landscape architectural
36 division , and licensed interior design division so elected shall be vice chairpersons of the
37 board[ , and ] . When the chairperson of the board is an architect, the chairperson of the
38 architectural division shall be the ranking vice chairperson[ , and ] ; when the chairperson of the
39 board is a professional engineer , the chairperson of the professional engineering division shall
40 be the ranking vice chairperson[ , ] ; when the chairperson of the board is a professional land
41 surveyor , the chairperson of the professional land surveying division shall be the ranking vice
42 chairperson[ , and ] ; when the chairperson of the board is a professional landscape architect,
43 the chairperson of the professional landscape architectural division shall be the ranking vice
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44 chairperson ; and when the chairperson of the board is a licensed interior designer , the
45 chairperson of the licensed interior design division shall be the ranking vice
46 chairperson . The chairperson of each division shall be the administrative and executive
47 of ficer of his or her division, and it shall be his or her duty to supervise and expedite the work
48 of the division, and, in case of a tie vote on any matter , the chairperson shall, at his or her
49 election, break the tie by his or her vote. Every motion or question pending before the
50 division upon which a tie exists shall be deemed lost, and so declared by the chairperson of
51 the division, unless the chairperson shall elect to break such tie by his or her vote.
52 5. (1) Any person appointed to the board, except a public member , shall be a
53 currently licensed architect, licensed professional engineer , licensed professional land
54 surveyor [ or ] , licensed professional landscape architect , or licensed interior designer in
55 Missouri, as the vacancy on the board may require, who has been a resident of Missouri for at
56 least five years, who has been engaged in active practice as an architect, professional
57 engineer , professional land surveyor [ or ] , professional landscape architect , or licensed
58 interior designer , as the case may be, for at least ten consecutive years as a Missouri licensee
59 immediately preceding such person's appointment, and who is and has been a citizen of the
60 United States for at least five years immediately preceding such person's appointment.
61 (2) (a) Active service as a faculty member while holding the rank of assistant
62 professor or higher in an accredited school of engineering shall be regarded as active practice
63 of engineering, for the purposes of this chapter .
64 (b) Active service as a faculty member , after meeting the qualifications required by
65 section 327.314, while holding the rank of assistant professor or higher in an accredited
66 school of engineering and teaching land surveying courses shall be regarded as active practice
67 of land surveying for the purposes of this chapter .
68 (c) Active service as a faculty member while holding the rank of assistant professor or
69 higher in an accredited school of landscape architecture shall be regarded as active practice of
70 landscape architecture, for the purposes of this chapter .
71 (d) Active service as a faculty member while holding the rank of assistant professor
72 or higher in an accredited school of architecture shall be regarded as active practice of
73 architecture for the purposes of this chapter; provided, however , that no faculty member of an
74 accredited school of architecture shall be eligible for appointment to the board unless such
75 person has had at least three years' experience in the active practice of architecture other than
76 in teaching.
77 (e) Active service as a faculty member while holding the rank of assistant
78 pr ofessor or higher in an accre dited school of interior design shall be rega rded as active
79 practice of licensed interior design for the purposes of this chapter , pro vided that no
80 faculty member of an accr edited school of interior design shall be eligible for
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81 appointment to the board unless such person has had at least thr ee years of experience
82 in the active practice of licensed interior design other than in teaching.
83 (3) The public member shall be, at the time of appointment, a citizen of the United
84 States; a resident of this state for a period of one year and a registered voter; a person who is
85 not and never was a member of any profession licensed or regulated pursuant to this chapter
86 or the spouse of such person; and a person who does not have and never has had a material,
87 financial interest in either the providing of the professional services regulated by this chapter ,
88 or an activity or or ganization directly related to any profession licensed or regulated pursuant
89 to this chapter . All members, including public members, shall be chosen from lists submitted
90 by the director of the division of professional registration. The duties of the public member
91 shall not include the determination of the technical requirements to be met for licensure or
92 whether any person meets such technical requirements or of the technical competence or
93 technical judgment of a licensee or a candidate for licensure.
94 6. The governor shall appoint the chairperson and the other members of the board
95 when a vacancy occurs either by the expiration of a term or otherwise, and each board
96 member shall serve until such member's successor is appointed and has qualified. The
97 position of chairperson shall rotate sequentially with an architect, then professional engineer ,
98 then professional land surveyor , then licensed interior designer , and then professional
99 landscape architect, and shall be a licensee who has previously served as a member of the
100 board. The appointment of the chairperson shall be for a term of four years which shall be
101 deemed to have begun on the date of his or her appointment and shall end upon the
102 appointment of the chairperson's successor . The chairperson shall not serve more than one
103 term. All other appointments, except to fill an unexpired term, shall be for terms of four
104 years; but no person shall serve on the board for more than two consecutive four -year terms,
105 and each four -year term shall be deemed to have begun on the date of the expiration of the
106 term of the board member who is being replaced or reappointed, as the case may be. Any
107 appointment to the board which is made when the senate is not in session shall be submitted
108 to the senate for its advice and consent at its next session following the date of the
109 appointment.
110 7. In the event that a vacancy is to occur on the board because of the expiration of a
111 term, then ninety days prior to the expiration, or as soon as feasible after a vacancy otherwise
112 occurs, the president of the American Institute of Architects/Missouri if the vacancy to be
113 filled requires the appointment of an architect, the president of the Missouri Society of
114 Professional Engineers if the vacancy to be filled requires the appointment of a professional
115 engineer , the president of the Missouri Society of Professional Surveyors if the vacancy to be
116 filled requires the appointment of a professional land surveyor , [ and ] the president of the
117 Missouri Association of Landscape Architects if the vacancy to be filled requires the
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118 appointment of a professional landscape architect, and the presiden t or other chief
119 executive of any Missouri chapter of the International Interior Design Association if the
120 vacancy to be filled r equir es the appointment of a licensed interior designer , shall submit
121 to the director of the division of professional registration a list of five architects [ or ] , five
122 professional engineers, [ or ] five professional land surveyors, [ or ] five professional landscape
123 architects , or five licensed interior designers, as the case may require, qualified and willing
124 to fill the vacancy in question, with the recommendation that the governor appoint one of the
125 five persons so listed; and with the list of names so submitted, the president or other chief
126 executive of the appropriate or ganization shall include in a letter of transmittal a description
127 of the method by which the names were chosen. This subsection shall not apply to public
128 member vacancies.
129 8. The board may sue and be sued as the Missouri board for architects, professional
130 engineers, professional land surveyors [ and ] , professional landscape architects , and licensed
131 interior designers , and its members need not be named as parties. Members of the board
132 shall not be personally liable either jointly or severally for any act or acts committed in the
133 performance of their of ficial duties as board members, nor shall any board member be
134 personally liable for any court costs which accrue in any action by or against the board.
135 9. Upon appointment by the governor and confirmation by the senate of the two
136 licensed interior designers to be first appointed to the interior design division of the
137 board, the interior design council shall be abolished and all of its powers, duties, and
138 r esponsibilities shall be transferred and imposed upon the board pursuant to this
139 section. Every act performed by or under the authority of the board shall be deemed to
140 have the same for ce and effect as if performed by the interior design council pursuant to
141 the authority granted to the interior design council prior to August 28, 2026. All rules of
142 the interior design council shall continue in effect and shall be deemed to be duly
143 adopted by the board until such rules ar e revi sed, amended, or repeal ed by the board as
144 pr ovided by law , of which such action shall be taken by the board on or before January
145 1, 2027.
327.041. 1. The board shall have the duty and the power to carry out the purposes
2 and to enforce and administer the provisions of this chapter , to require, by summons or
3 subpoena, with the vote of two-thirds of the voting board members, the attendance and
4 testimony of witnesses, and the production of drawings, plans, plats, specifications, books,
5 papers or any document representing any matter under hearing or investigation, pertaining to
6 the issuance, probation, suspension or revocation of certificates of registration or certificates
7 of authority provided for in this chapter , or pertaining to the unlawful practice of architecture,
8 professional engineering, professional land surveying [ or ] , professional landscape
9 architecture , or licensed interior design .
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10 2. The board shall, within the scope and purview of the provisions of this chapter ,
11 prescribe the duties of its of ficers and employees and adopt, publish and enforce the rules and
12 regulations of professional conduct which shall establish and maintain appropriate standards
13 of competence and integrity in the professions of architecture, professional engineering,
14 professional land surveying [ and ] , professional landscape architecture , and licensed interior
15 design , and adopt, publish and enforce procedural rules and regulations as may be considered
16 by the board to be necessary or proper for the conduct of the board's business and the
17 management of its af fairs, and for the effective administration and interpretation of the
18 provisions of this chapter . Any rule or portion of a rule, as that term is defined in section
19 536.010, that is created under the authority delegated in this chapter shall become ef fective
20 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable,
21 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
22 vested with the general assembly pursuant to chapter 536 to review , to delay the effective date
23 or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of
24 rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid
25 and void.
26 3. Rules promulgated by the board pursuant to sections 327.272 to 327.635 shall be
27 consistent with and shall not supersede the rules promulgated by the department of natural
28 resources pursuant to chapter 60.
327.081. 1. All funds received pursuant to the provisions of this chapter shall be
2 deposited in the state treasury to the credit of the "State Board for Architects, Professional
3 Engineers, Professional Land Surveyors [ and ] , Professional Landscape Architects , and
4 Licensed Interior Designers Fund" which is hereby established. All expenditures authorized
5 by this chapter shall be paid from funds appropriated to the board by the general assembly
6 from this fund.
7 2. The provisions of section 33.080 to the contrary notwithstanding, money in this
8 fund shall not be transferred and placed to the credit of general revenue until the amount in
9 the fund at the end of the biennium exceeds two times the amount of the appropriation from
10 the board's funds for the preceding fiscal year or , if the board requires by rule permit renewal
11 less frequently than yearly , then three times the appropriation from the board's funds for the
12 preceding fiscal year . The amount, if any , in the fund which shall lapse is that amount in the
13 fund which exceeds the appropriate multiple of the appropriations from the board's funds for
14 the preceding fiscal year .
15 3. Upon appointment by the governor and confirmation by the senate of the two
16 licensed interior designers to be first appointed to the interior design division of the
17 board, all moneys in the interior designer council fund shall be transferr ed to the state
18 board for arch itects, pr ofessional engineers, pr ofessional land surveyors, pr ofessional
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19 landscape arch itects, and licensed interior designers fund. The interior designer council
20 fund shall be abolished upon the transfer of all moneys in the fund to the state board for
21 ar chitects, pro fessional engineers, pr ofessional land surveyors, pro fessional landscape
22 ar chitects, and licensed interior designers fund.
327.381. The board may license, in its discretion, any architect, professional engineer ,
2 professional land surveyor , or professional landscape architect who is licensed , or any
3 interior designer who is licensed, certified, or r egistered , in another state or territory of the
4 United States, province of Canada, or in another country , when such applicant has
5 qualifications which are at least equivalent to the requirements for licensure as an architect,
6 professional engineer , professional land surveyor , [ or ] professional landscape architect , or
7 licensed interior designer in this state, and provided further that the board may establish by
8 rule the conditions under which it shall require any such applicant to take any examination it
9 considers necessary , and provided further that any such application is accompanied by the
10 required fee.
327.41 1. 1. Each architect and each professional engineer and each professional land
2 surveyor and each professional landscape architect and each licensed interior designer shall
3 have a personal seal in a form prescribed by the board, and he or she shall af fix the seal to all
4 final technical submissions. T echnical submissions shall include, but are not limited to,
5 drawings, specifications, plats, surveys, exhibits, reports, and certifications of construction
6 prepared by the licensee, or under such licensee's immediate personal supervision. Such
7 licensee shall either prepare or personally supervise the preparation of all documents sealed
8 by the licensee, and such licensee shall be held personally responsible for the contents of all
9 such documents sealed by such licensee, whether prepared or drafted by another licensee or
10 not.
11 2. The personal seal of an architect or professional engineer or professional land
12 surveyor or professional landscape architect or licensed interior designer shall be the legal
13 equivalent of the licensee's signature whenever and wherever used, and the owner of the seal
14 shall be responsible for the architectural, engineering, land surveying, [ or ] landscape
15 architectural , or interior design documents, as the case may be, when the licensee places his
16 or her personal seal on such technical submissions to be used in connection with, any
17 architectural or engineering project, survey , [ or ] landscape architectural project , or interior
18 alteration or construction pr oject, as such term is defined in section 327.700 . Licensees
19 shall undertake to perform architectural, professional engineering, professional land
20 surveying [ and ] , professional landscape architectural , and licensed interior design
21 services only when they are qualified by education, training, and experience in the specific
22 technical areas involved.
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23 3. Notwithstanding any provision of this section, any architect, professional engineer ,
24 professional land surveyor , [ or ] professional landscape architect , or licensed interior
25 designer may , but is not required to, attach a statement over his or her signature,
26 authenticated by his or her personal seal, specifying the particular technical submissions, or
27 portions thereof, intended to be authenticated by the seal, and disclaiming any responsibility
28 for all other technical submissions relating to or intended to be used for any part or parts of
29 the architectural or engineering project [ or ] , survey [ or ] , landscape architectural project , or
30 interior alteration or construction project , as such term is defined in section 327.700 .
31 4. Nothing in this section, or any rule or regulation of the board shall require any
32 professional to seal preliminary or incomplete documents.
327.442. 1. At such time as the final trial proceedings are concluded whereby a
2 licensee, or any person who has failed to renew or has surrendered his or her certificate of
3 licensure or authority , has been finally adjudicated and found guilty , or has entered a plea of
4 guilty or nolo contendere, in a [ felony ] criminal prosecution pursuant to the laws of [ this ]
5 any state, [ the laws of any other state, territory , or the laws ] of the United States [ of America ] ,
6 or of any country for any of fense [ reasonably ] dir ectly related to the [ qualifications,
7 functions, or ] duties [ of a licensee pursuant to this chapter or any felony of fense, an essential
8 element of which is fraud, dishonesty , or an act of violence, or for any felony of fense
9 involving moral turpitude, ] and responsibi lities of the occupation, as set forth in section
10 324.012, regar dless of whether or not sentence is imposed, the board for architects,
11 professional engineers, professional land surveyors [ and ] , professional landscape architects ,
12 and licensed interior designers may hold a disciplinary hearing to singly or in combination
13 censure or place the licensee named in the complaint on probation on such terms and
14 conditions as the board deems appropriate for a period not to exceed five years, or may
15 suspend, for a period not to exceed three years, or revoke the license or certificate.
16 2. Anyone who has been revoked or denied a license or certificate to practice in
17 another state may automatically be denied a license or certificate to practice in this state.
18 However , the board for architects, professional engineers, professional land surveyors [ and ] ,
19 professional landscape architects , and licensed interior designers may establish other
20 qualifications by which a person may ultimately be qualified and licensed to practice in
21 Missouri.
327.451. 1. Any person who believes that an architect or a professional engineer or a
2 professional land surveyor or a professional landscape architect or a licensed interior
3 designer has acted or failed to act so that his or her license or certificate of authority should,
4 pursuant to the provisions of this chapter , be suspended or revoked, or who believes that any
5 applicant for a license or certificate of authority pursuant to the provisions of this chapter is
6 not entitled to a license or a certificate of authority , may file a written affidav it with the
HCS HB 2353 15
7 executive director of the board which the af fiant shall sign and swear to and in which the
8 af fiant shall clearly set forth the reasons for the af fiant's char ge or char ges that the license or
9 certificate of authority of an architect or professional engineer or professional land surveyor
10 or professional landscape architect or licensed interior designer should be suspended or
11 revoked or not renewed or that a license or certificate of authority should not be issued to an
12 applicant.
13 2. If the affidavi t so filed does not contain statements of fact which if true would
14 authorize, pursuant to the provisions of this chapter , suspension or revocation of the accused's
15 license or certificate of authority , or does not contain statements of fact which if true would
16 authorize, pursuant to the provisions of this chapter , the refusal of the renewal of an existing
17 license or certificate of authority or the refusal of a license or certificate of authority to an
18 applicant, the board shall either dismiss the char ge or char ges or , within its discretion, cause
19 an investigation to be made of the char ges contained in the affidavi t, after which investigation
20 the board shall either dismiss the char ge or char ges or proceed against the accused by written
21 complaint as provided in subsection 3 of this section.
22 3. If the af fidavit contains statements of fact which if true would authorize pursuant to
23 the provisions of this chapter the revocation or suspension of an accused's license or
24 certificate of authority , the board shall cause an investigation to be made of the char ge or
25 char ges contained in the af fidavit and unless the investigation discloses the falsity of the facts
26 upon which the char ge or char ges in the af fidavit are based, the board shall file with and in the
27 administrative hearing commission a written complaint against the accused setting forth the
28 cause or causes for which the accused's license or certificate of authority should be suspended
29 or revoked. Thereafter , the board shall be governed by and shall proceed in accordance with
30 the provisions of chapter 621.
31 4. If the char ges contained in the af fidavit filed with the board would constitute a
32 cause or causes for which pursuant to the provisions of this chapter an accused's license or
33 certificate of authority should not be renewed or a cause or causes for which pursuant to the
34 provisions of this chapter a certificate should not be issued, the board shall cause an
35 investigation to be made of the char ge or char ges and unless the investigation discloses the
36 falsity of the facts upon which the char ge or char ges contained in the af fidavit are based, the
37 board shall refuse to permit an applicant to be examined upon the applicant's qualifications
38 for licensure or shall refuse to issue or renew a license or certificate of authority , as the case
39 may require.
40 5. The provisions of this section shall not be so construed as to prevent the board on
41 its own initiative from instituting and conducting investigations and based thereon to make
42 written complaints in and to the administrative hearing commission.
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43 6. If for any reason the provisions of chapter 621 become inapplicable to the board,
44 then, and in that event, the board shall proceed to char ge, adjudicate and otherwise act in
45 accordance with the provisions of chapter 536.
[324.400.] 327.700. As used in sections [ 324.400 to 324.439 ] 327.700 to 327.750 , the
2 following terms mean:
3 (1) ["Council", the interior design council created in section 324.406;
4 (2) "Division", the division of professional registration;
5 (3) "Registered interior designer", a design professional who provides services
6 including preparation of documents and specifications relative to nonload-bearing interior
7 construction, furniture, finishes, fixtures and equipment and who meets the criteria of
8 education, experience and examination as provided in sections 324.400 to 324.439]
9 "Building equipment", any mechanical, plumbing, electrical, or structural components,
10 including a conveyance, designed for or located in a building or structur e;
11 (2) "Conveyance", an elevator , dumbwaiter , vertical recipr ocating conveyor ,
12 escalator , or other motorized vertical transportation system;
13 (3) "Interior alteration or construction pro ject", a pr oject, including
1 4 construction, modification, r enovation, r ehabilitation, or historic preservat ion, for an
15 interior space or ar ea within a pr oposed or existing building or structur e that involves
16 changing or altering:
17 (a) The design function or layout of a r oom; or
18 (b) The state of permanent fixtur es or equipment;
19 (4) "Interior nonstructural element", an interior design element that does not
20 r equir e structural bracing and that is not load-bearing according to any applicable
21 building codes;
22 (5) "Interior technical submission", the designs, drawings, and specifications
23 that establish the scope of the interior alteration or construction pr oject, the standard of
24 quality for any materials, workmanship, equipment, and construction systems of an
25 interior alteration or construction pr oject, and the studies and other technical rep orts
26 and calculations pr epared in the course of the practice of licensed interior design;
27 (6) "Practice of licensed interior design", the design of interior spaces as a part
28 of an interior alteration or construction pr oject in conformity with public health, safety ,
29 and welfare requi rem ents, including the pr eparation of documents relat ing to building
30 code descriptions, pr oject egres s plans that req uire no incr ease in the capacity of exits in
31 the space affected, space planning, and finish materials, and the pre paration of
32 documents and interior technical submissions relat ing to an interior alteration or
33 construction pr oject. The term "practice of licensed interior design":
34 (a) Shall include:
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35 a. The pr ogramming, planning, pre- design analysis, and conceptual design of
36 any interior nonstructural elements including, but not limited to, the selection of
37 materials, except for building equipment;
38 b. The alteration or construction of any interior nonstructural elements and any
39 interior technical submissions relat ed to such alteration or construction;
40 c. The prep aration of a physical plan of space within a pr oposed or existing
41 building or structur e, including:
42 (i) Determinations of cir culation systems or patterns;
43 (ii) Determinations of the location of exit re quir ements based on occupancy
44 loads; and
45 (iii) Assessments and analyses of any interior safety factors to comply with
46 applicable building codes relat ed to interior nonstructural elements;
47 d. The rend ering of designs, plans, drawings, specifications, contract documents,
48 or other interior technical submissions; and
49 e. The administration of the construction of interior nonstructural elements and
50 contracts relat ing to interior nonstructural elements in the interior alteration or
51 construction of a pro posed or existing building or structur e; and
52 (b) Shall not include:
53 a. Services or work that constitute the practice of archi tecture, as prov ided in
54 section 327.091, except as otherwise pro vided for in this chapter;
55 b. Services or work that constitute the practice of pr ofessional engineering, as
56 pr ovided in section 327.181;
57 c. Services or work that constitute the practice of pr ofessional land surveying, as
58 pr ovided in section 327.272;
59 d. Services or work that constitute the practice of pro fessional landscape
60 ar chitectur e, as defined in section 327.600;
61 e. Altering or affecting the structural system and seismic system of a building,
62 including changing the building's live or dead load on the structural system;
63 f. Changes to the building envelope, including exterior walls, exterior wall
64 coverings, exterior wall openings, exterior windows or doors, ar chitectural trim,
65 balconies and similar pr ojections, bay or oriel windows, roof assemblies and roo ftop
66 structur es, and glass and glazing for exterior use in both vertical, horizontal, and sloped
67 applications in buildings and structur es;
68 g. Altering or affecting the mechanical, plumbing, heating, air conditioning,
69 ventilation, electrical, vertical transportation, fir e sprinkler , or fir e alarm systems, and
70 any building elements, spaces, or areas that ar e for the purpose of containing such
71 systems;
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72 h. Changes beyond the exit access component of a means of egr ess system;
73 i. Construction that materially affects any life safety systems pertaining to fir e
74 safety or fire pr otection of structural elements, smoke evacuation and
7 5 compartmentalization systems, or fir e-rated vertical shafts in multi-story structur es;
76 j. Changes to the existing use grou p for an occupancy;
77 k. Changes to the construction classification of the building or structur e
78 according to any applicable building codes;
79 l. Creat ing or modifying any atriums, floor openings, community spaces, or
80 vertical openings; or
81 m. Any person who rend ers services within the practice of licensed interior
82 design in connection with the construction, r emodeling, or repai ring of any privately
83 owned building described in item (i), (ii), or (iii) of this subparagraph, and who indicates
84 on any drawings, specifications, estimates, r eports, or other documents furnished in
85 connection with the services within the practice of licensed interior design that the
86 person is not a licensed interior designer:
87 (i) A dwelling house;
88 (ii) A multiple family dwelling house, flat, or apartment containing not mor e
89 than two families; or
90 (iii) Any one building or structure, except for those buildings or structur es used
91 exclusively for agricultural purposes, which pro vides for the employment, assembly ,
92 housing, sleeping, or eating of not mor e than nine persons, contains less than two
93 thousand square feet, and is not part of another building or structure .
[324.402.] 327.705. The state or any county , municipality , or other political
2 subdivision shall not require the use of a [ registered ] licensed interior designer for any
3 residential building, residential remodeling, residential rehabilitation, or residential
4 construction purposes.
[324.403.] 327.710. 1. No person may use the name or title, [ registered ] licensed
2 interior designer , in this state unless that person is [ registered ] licensed as required by
3 sections [ 324.400 to 324.439 ] 327.700 to 327.750 .
4 2. A licensed interior designer shall undertake to perform services within the
5 practice of licensed interior design only when he or she is qualified by education,
6 training, and experience in the specific technical areas involved.
7 3. Licensed interior designers shall be in res ponsible charge of interior design
8 technical submissions that can affect the health, safety , and welfar e of the public within
9 their scope of practice. Licensed interior designers shall not take r esponsible charge
10 over interior technical submissions prep ared by another person unless the licensed
11 interior designer revi ewing such interior technical submissions actually exerc ises
HCS HB 2353 19
12 personal supervision and dire ct control over the interior technical submissions. Nothing
13 in [ sections 324.400 to 324.439 ] this chapter shall be construed as limiting or preventing the
14 practice of a person's interior design profession or restricting a person from providing
15 [ interior design ] services within the practice of licensed interior design , provided such
16 person does not indicate to the public that such person is [ registered ] licensed as an interior
17 designer pursuant to the provisions of sections [ 324.400 to 324.439 ] 327.700 to 327.750 .
18 4. Nothing in this chapter shall be construed as in any way precl uding an
19 ar chitect fro m performing any of the services included within the practice of licensed
20 interior design.
[324.409.] 327.720. 1. T o be a [ registered ] licensed interior designer , a person:
2 (1) Shall take and pass or have passed the examination administered by the [ National ]
3 Council for Interior Design Qualification or an equivalent examination approved by the
4 [ division ] board . In addition to proof of passage of the examination, the application shall
5 provide substantial evidence to the [ division ] board that the applicant:
6 (a) Is a graduate of a five-year or four -year accredi ted degre e pro gram fr om a
7 school of interior design [ program from an accredited institution ] and has completed at least
8 two years of diversified and appropriate interior design experience; or
9 (b) [Has completed at least three years of an interior design curriculum from an
10 accredited institution and has completed at least three years of diversified and appropriate
11 interior design experience; or
12 (c) ] Is a graduate of a two-year accred ited degr ee pr ogram fr om a school of interior
13 design [ program from an accredited institution ] and has completed at least four years of
14 diversified and appropriate interior design experience; or
15 (2) May qualify who is currently [ registered ] licensed pursuant to sections 327.091 to
16 327.171, and section 327.401 pertaining to the practice of architecture [ and registered with
17 the division. Such applicant shall give authorization to the division in order to verify current
18 registration with sections 327.091 to 327.171 and section 327.401 pertaining to the practice of
19 architecture ].
20 2. An applicant whose curriculum or transcript has been appr oved by the board
21 shall be exempt fr om the re quir ement to pr ovide substantial evidence that the applicant
22 meets the req uirements of paragraph (a) or (b) of subdivision (1) of subsection 1 of this
23 section.
24 3. The [ division ] board shall verify if an applicant has complied with the provisions
25 of this section and has paid the required fees, then the [ division ] board shall recommend such
26 applicant be [ registered ] licensed as a [ registered ] licensed interior designer by the [ division ]
27 board .
HCS HB 2353 20
[324.415.] 327.725. Applications for [ registration ] licensur e as a [ registered ]
2 licensed interior designer shall be typewritten on forms prescribed by the [ division ] board
3 and furnished to the applicant. The application shall contain the applicant's statements
4 showing the applicant's education, experience, results of previous interior design certification,
5 registration , or licensing examinations, if any , and such other pertinent information as the
6 [ division ] board may require, or architect's license or registration number and such other
7 pertinent information as the [ division ] board may require. Each application shall contain a
8 statement that is made under oath or af firmation and that the representations are true and
9 correct to the best knowledge and belief of the person signing the application. The person
10 shall be subject to the penalties for making a false af fidavit or declaration and shall be
11 accompanied by the required fee.
[324.418.] 327.730. 1. The [ certificate of registration ] license issued biennially to a
2 [ registered ] licensed interior designer pursuant to sections [ 324.400 to 324.439 ] 327.700 to
3 327.750 shall be renewed on or before the [ certificate ] license renewal date accompanied by
4 the required fee. The [ certificate of registration ] license of a [ registered ] licensed interior
5 designer which is not renewed within three months after the [ certificate ] license renewal date
6 shall be suspended automatically , subject to the right of the holder to have the suspended
7 [ certificate of registration ] license reinstated within nine months of the date of suspension if
8 the person pays the required reinstatement fee. Any [ certificate of registration ] license
9 suspended and not reinstated within nine months of the suspension date shall expire and be
10 void and the holder of such [ certificate ] license shall have no rights or privileges provided to
11 holders of valid [ certificates ] licenses . Any person whose [ certificate of registration ] license
12 has expired may , upon demonstration of current qualifications and payment of required fees,
13 be [ reregistered ] reli censed or reauthorized under the person's original [ certificate of
14 registration ] license number .
15 2. Each application for the renewal or reinstatement of a [ registration ] license shall be
16 on a form furnished to the applicant and shall be accompanied by the required fees [ and proof
17 of current completion of at least one unit every two years of approved or verifiable continuing
18 education in interior design or architecture, immediately prior to such renewal or
19 reinstatement. T en contact hours constitutes one continuing education unit. Five contact
20 hours of teaching in interior design or architecture constitutes one continuing education unit.
21 One college course credit in interior design or architecture constitutes one continuing
22 education unit ].
23 3. The board shall establish, by rule, continuing education requ irem ents as a
24 condition to ren ewing or reinst ating the license of an interior designer that are
25 substantially equivalent to the continuing education requi rem ents for arch itects.
HCS HB 2353 21
[324.427.] 327.735. It is unlawful for any person to advertise or indicate to the public
2 that the person is a [ registered ] licensed interior designer in this state, unless such person is
3 [ registered ] licensed as a [ registered ] licensed interior designer by the [ division ] board and is
4 in good standing pursuant to sections [ 324.400 to 324.439 ] 327.700 to 327.750 .
[324.430.] 327.740. No person may use the designation [ registered ] licensed interior
2 designer in Missouri, unless the [ division ] board has issued a current [ certificate of
3 registration ] license certifying that the person has been duly [ registered ] licensed as a
4 [ registered ] licensed interior designer in Missouri and unless such [ registration ] license has
5 been renewed or reinstated as provided in section [ 324.418 ] 327.730 .
[324.433.] 327.745. The right to use the title of [ registered ] licensed interior designer
2 shall be deemed a personal right, based upon the qualifications of the individual, evidenced
3 by the person's current [ certificate of registration ] license and such [ certificate ] license is not
4 transferable; except that, a [ registered ] licensed interior designer may perform the [ interior
5 designer's profession ] practice of licensed interior design through, or as a member of, or as
6 an employee of, a partnership or corporation.
[324.439.] 327.750. [ After twenty-four months after August 28, 1998, ] Any person
2 who violates any provision of sections [ 324.400 to 324.439 ] 327.700 to 327.750 shall be
3 guilty of a class A misdemeanor .
537.033. 1. As used in this section, unless the context clearly indicates otherwise, the
2 following words and terms shall have the meanings indicated:
3 (1) "Design professional", an architect, landscape architect, professional land
4 surveyor , [ or ] professional engineer , or licensed interior designer licensed under the
5 provisions of chapter 327 or any corporation authorized to practice architecture, landscape
6 architecture, land surveying, or engineering under section 327.401 while acting within their
7 scope of practice;
8 (2) "Lessons learned", internal meetings, classes, publications in any medium,
9 presentations, lectures, or other means of teaching and communicating after substantial
10 completion of the project which are conducted solely and exclusively by and with the
11 employees, partners, and coworkers of the design professional who prepared the project's
12 design for the purpose of learning best practices and reducing errors and omissions in design
13 documents and procedures. Lessons learned shall not include presentations, lectures,
14 teaching, or communication made to or by third parties who are not employees, partners, and
15 coworkers of the design professional whose work is being evaluated and discussed;
16 (3) "Peer review process", a process through which design professionals evaluate,
17 maintain, or monitor the quality and utilization of architectural, landscape architectural, land
18 surveying, [ or ] engineering , or interior design services, prepare internal lessons learned, or
19 exercise any combination of such responsibilities;
HCS HB 2353 22
20 (4) "Substantial completion", the construction of the project covered by the design
21 professional's design documents has reached substantial completion, as that term is defined in
22 section 436.327.
23 2. A peer review process shall only be performed by a design professional licensed in
24 any jurisdiction in the United States in the same profession as would be required under
25 chapter 327 to prepare the design documents being reviewed, or in a case requiring multiple
26 professions, by a person or persons holding the proper licenses. A peer review process may
27 be performed by one or more design professionals appointed by the partners, shareholders,
28 board of directors, chief executive of ficer , quality control director , or employed design
29 professionals of a partnership or of a corporation authorized under section 327.401 to practice
30 architecture, landscape architecture, land surveying, or engineering, or by the owner of a sole
31 proprietorship engaged in one or more of such professions. Any individual identified in this
32 subsection and performing a peer review shall be deemed a peer reviewer .
33 3. Each peer reviewer described in this subsection shall be immune from civil liability
34 for such acts so long as the acts are performed in good faith, without malice, and are
35 reasonably related to the scope of inquiry of the peer review process. The immunity in this
36 subsection is intended to cover only outside peer reviews by a third-party design professional
37 who is not an employee, coworker , or partner of the design professional whose design is
38 being peer reviewed before substantial completion of the project and who has no other role in
39 the project besides performing the peer review .
40 4. This section does not provide immunity to any in-house peer reviewer when
41 performed by employees, coworkers, or partners of the design professional who prepares the
42 design, nor are any such documents or peer review comments, other than lessons learned,
43 inadmissible into evidence in any judicial or administrative action.
44 5. Except for documents related to lessons learned, the interviews, memoranda,
45 proceedings, findings, deliberations, reports, and minutes of the peer review process, or the
46 existence of the same, concerning the professional services provided to a client or member of
47 the public are subject to discovery , subpoena, or other means of legal compulsion for their
48 release to any person or entity and shall be admissible into evidence in any judicial or
49 administrative action for failure to provide appropriate architectural, landscape architectural,
50 land surveying, [ or ] engineering , or interior design services, subject to applicable rules of
51 the court or tribunal. Except as otherwise provided in this section, no person who was in
52 attendance at, or participated in, any lessons learned process or proceedings shall be permitted
53 or required to disclose any information acquired in connection with or in the course of such
54 proceeding, or to disclose any opinion, recommendation, or evaluation made in a lessons
55 learned process or proceeding; provided, however , that information otherwise discoverable or
56 admissible from original sources is not to be construed as immune from discovery or use in
HCS HB 2353 23
57 any proceeding merely because it was presented during a lessons learned process or
58 proceeding nor is a member , employee, or agent involved in any such process or proceeding,
59 or other person appearing before a peer reviewer , to be prevented from testifying as to matters
60 within his or her personal knowledge and in accordance with the other provisions of this
61 section, but such witness cannot be questioned about a lessons learned process or proceeding
62 or about opinions formed as a result of such process or proceeding. The disclosure of any
63 memoranda, proceedings, reports, or minutes of a lessons learned proceeding to any person or
64 entity , including but not limited to governmental agencies, professional accrediting agencies,
65 or other design professionals, whether proper or improper , shall not waive or have any ef fect
66 upon its confidentiality , nondiscoverability , or nonadmissibility .
67 6. Nothing in this section shall limit authority otherwise provided by law of the
68 Missouri board for architects, professional engineers, professional land surveyors, [ and ]
69 pr ofessional landscape architects , and licensed interior designers to obtain information by
70 subpoena or other authorized process from a peer reviewer or to require disclosure of
71 otherwise confidential information relating to matters and investigations within the
72 jurisdiction of such licensing board.
621.045. 1. The administrative hearing commission shall conduct hearings and make
2 findings of fact and conclusions of law in those cases when, under the law , a license issued by
3 any of the following agencies may be revoked or suspended or when the licensee may be
4 placed on probation or when an agency refuses to permit an applicant to be examined upon
5 his or her qualifications or refuses to issue or renew a license of an applicant who has passed
6 an examination for licensure or who possesses the qualifications for licensure without
7 examination:
8 Missouri State Board of Accountancy
9 Missouri State Board for Architects, Professional Engineers, Professional Land
10 Surveyors [ and ] , Pr ofessional Landscape Architects , and Licensed Interior Designers
11 Board of Barber Examiners
12 Board of Cosmetology
13 Board of Chiropody and Podiatry
14 Board of Chiropractic Examiners
15 Missouri Dental Board
16 Board of Embalmers and Funeral Directors
17 Board of Registration for the Healing Arts
18 Board of Nursing
19 Board of Optometry
20 Board of Pharmacy
21 Missouri Real Estate Commission
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22 Missouri V eterinary Medical Board
23 Supervisor of Liquor Control
24 Department of Health and Senior Services
25 Department of Commerce and Insurance
26 Department of Mental Health
27 Board of Private Investigator Examiners.
28 2. If in the future there are created by law any new or additional administrative
29 agencies which have the power to issue, revoke, suspend, or place on probation any license,
30 then those agencies are under the provisions of this law .
31 3. The administrative hearing commission is authorized to conduct hearings and make
32 findings of fact and conclusions of law in those cases brought by the Missouri state board for
33 architects, professional engineers, professional land surveyors [ and ] , pro fessional landscape
34 architects , and licensed interior designers against unlicensed persons under section 327.076.
35 4. Notwithstanding any other provision of this section to the contrary , after August
36 28, 1995, in order to encourage settlement of disputes between any agency described in
37 subsection 1 or 2 of this section and its licensees, any such agency shall:
38 (1) Provide the licensee with a written description of the specific conduct for which
39 discipline is sought and a citation to the law and rules allegedly violated, together with copies
40 of any documents which are the basis thereof and the agency's initial settlement offer , or file a
41 contested case against the licensee;
42 (2) If no contested case has been filed against the licensee, allow the licensee at least
43 sixty days, from the date of mailing, to consider the agency's initial settlement of fer and to
44 contact the agency to discuss the terms of such settlement of fer;
45 (3) If no contested case has been filed against the licensee, advise the licensee that the
46 licensee may , either at the time the settlement agreement is signed by all parties, or within
47 fifteen days thereafter , submit the agreement to the administrative hearing commission for
48 determination that the facts agreed to by the parties to the settlement constitute grounds for
49 denying or disciplining the license of the licensee; and
50 (4) In any contact under this subsection by the agency or its counsel with a licensee
51 who is not represented by counsel, advise the licensee that the licensee has the right to consult
52 an attorney at the licensee's own expense.
53 5. If the licensee desires review by the administrative hearing commission under
54 subdivision (3) of subsection 4 of this section at any time prior to the settlement becoming
55 final, the licensee may rescind and withdraw from the settlement and any admissions of fact
56 or law in the agreement shall be deemed withdrawn and not admissible for any purposes
57 under the law against the licensee. Any settlement submitted to the administrative hearing
58 commission shall not be ef fective and final unless and until findings of fact and conclusions
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59 of law are entered by the administrative hearing commission that the facts agreed to by the
60 parties to the settlement constitute grounds for denying or disciplining the license of the
61 licensee.
62 6. When a holder of a license, registration, permit, or certificate of authority issued by
63 the division of professional registration or a board, commission, or committee of the division
64 of professional registration against whom an af firmative decision is sought has failed to plead
65 or otherwise respond in the contested case and adequate notice has been given under sections
66 536.067 and 621.100 upon a properly pled writing filed to initiate the contested case under
67 this chapter or chapter 536, a default decision shall be entered against the licensee without
68 further proceedings. The default decision shall grant such relief as requested by the division
69 of professional registration, board, committee, commission, or of fice in the writing initiating
70 the contested case as allowed by law . Upon motion stating facts constituting a meritorious
71 defense and for good cause shown, a default decision may be set aside. The motion shall be
72 made within a reasonable time, not to exceed thirty days after entry of the default decision.
73 "Good cause" includes a mistake or conduct that is not intentionally or recklessly designed to
74 impede the administrative process.
[ 324.406 . 1. There is hereby created within the division of
2 professional registration a council to be known as the "Interior Design
3 Council". The council shall consist of four interior designers and one public
4 member appointed by the director of the division. The director shall give due
5 consideration to the recommendations by state or ganizations of the interior
6 design profession for the appointment of the interior design members to the
7 council. Council members shall be appointed to serve a term of four years;
8 except that of the members first appointed, one interior design member and the
9 public member shall be appointed for terms of four years, one member shall be
10 appointed for a term of three years, one member shall be appointed for a term
11 of two years and one member shall be appointed for a term of one year . No
12 member of the council shall serve more than two terms.
13 2. Each council member , other than the public member , shall be a
14 citizen of the United States, a resident of the state of Missouri for at least one
15 year , meet the qualifications for professional registration, practice interior
16 design as the person's principal livelihood and, except for the first members
17 appointed, be registered pursuant to sections 324.400 to 324.439 as an interior
18 designer .
19 3. The public member shall be, at the time of such person's
20 appointment, a citizen of the United States, a registered voter , a person who is
21 not and never was a member of the profession regulated by sections 324.400 to
22 324.439 or the spouse of such a person and a person who does not have and
23 never has had a material financial interest in the providing of the professional
24 services regulated by sections 324.400 to 324.439. The duties of the public
25 member shall not include the determination of the technical requirements for
26 the registration of persons as interior designers.
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27 4. The provisions of section 324.028 pertaining to members of certain
28 state boards and commissions shall apply to all members of the council.
29 5. Members of the council may be removed from of fice for cause.
30 Upon the death, resignation or removal from office of any member of the
31 council, the appointment to fill the vacancy shall be for the unexpired portion
32 of the term so vacated and shall be filled in the same manner as the first
33 appointment and due notice be given to the state or ganizations of the interior
34 design profession prior to the appointment.
35 6. Each member of the council may receive as compensation an
36 amount set by the division not to exceed fifty dollars per day and shall be
37 reimbursed for the member's reasonable and necessary expenses incurred in
38 the of ficial performance of the member's duties as a member of the council.
39 The director shall establish by rule guidelines for payment.
40 7. The council shall meet at least twice each year and guide, advise,
41 and make recommendations to the division on matters within the scope of
42 sections 324.400 to 324.439. The or ganization of the council shall be
43 established by the members of the council. ]
[ 324.412 . The division shall:
2 (1) Employ , within the limits of the appropriations for that purpose,
3 such employees as are necessary to carry out the provisions of sections
4 324.400 to 324.439;
5 (2) Exercise all budgeting, purchasing, reporting and other related
6 management functions;
7 (3) Recommend prosecution for violations of sections 324.400 to
8 324.439 to the appropriate prosecuting or circuit attorney;
9 (4) Promulgate such rules and regulations as are necessary to
10 administer the provisions of sections 324.400 to 324.439. Any rule or portion
11 of a rule, as that term is defined in section 536.010, that is promulgated to
12 administer and enforce sections 324.400 to 324.439, shall become ef fective
13 only if the agency has fully complied with all of the requirements of chapter
14 536, including but not limited to, section 536.028, if applicable, after August
15 28, 1998. If the provisions of section 536.028 apply , the provisions of this
16 section are nonseverable and if any of the powers vested with the general
17 assembly pursuant to section 536.028 to review , to delay the ef fective date, or
18 to disapprove and annul a rule or portion of a rule are held unconstitutional or
19 invalid, the purported grant of rulemaking authority and any rule so proposed
20 and contained in the order of rulemaking shall be invalid and void, except that
21 nothing in this section shall af fect the validity of any rule adopted and
22 promulgated prior to August 28, 1998. ]
[ 324.421 . The division shall register without examination any interior
2 designer certified, licensed or registered in a foreign country if the applicant
3 has qualifications which are at least equivalent to the requirements for
4 registration as a registered interior designer in this state and such applicant
5 pays the required fees. ]
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[ 324.424 . 1. The division shall set the amount of the fees authorized
2 by sections 324.400 to 324.439 by rules and regulations. The fees shall be set
3 at a level to produce revenue which shall not substantially exceed the cost and
4 expense of administering sections 324.400 to 324.439. All fees required
5 pursuant to sections 324.400 to 324.439 shall be paid to and collected by the
6 division of professional registration and transmitted to the department of
7 revenue for deposit in the state treasury to the credit of the "Interior Designer
8 Council Fund", which is hereby created.
9 2. Notwithstanding the provisions of section 33.080 to the contrary ,
10 money in the fund shall not be transferred and placed to the credit of general
11 revenue until the amount in the fund at the end of the biennium exceeds three
12 times the amount of the appropriation to the council for the preceding fiscal
13 year . The amount, if any , in the fund which shall lapse is the amount in the
14 fund which exceeds the appropriate multiple of the appropriations to the
15 council for the preceding fiscal year . ]
[ 324.436 . 1. The division may refuse to issue any certificate required
2 pursuant to sections 324.400 to 324.439, or renew or reinstate any such
3 certificate, for any one or any combination of the reasons stated in subsection 2
4 of this section. The division shall notify the applicant in writing of the reasons
5 for the refusal and shall advise the applicant of the person's right to file a
6 complaint with the administrative hearing commission as provided in chapter
7 621.
8 2. The division may cause a complaint to be filed with the
9 administrative hearing commission as provided by chapter 621 against any
10 holder of a certificate of registration required by sections 324.400 to 324.439
11 or any person who has failed to renew or has surrendered the person's
12 certificate of registration for any one or combination of the following reasons:
13 (1) The person has been finally adjudicated and found guilty , or
14 entered a plea of guilty or nolo contendere, in a criminal prosecution under the
15 laws of any state or of the United States, or of any country , for any of fense
16 directly related to the duties and responsibilities of the occupation, as set forth
17 in section 324.012, regardless of whether or not sentence is imposed;
18 (2) Use of fraud, deception, misrepresentation or bribery in securing
19 any certificate of registration issued pursuant to sections 324.400 to 324.439 or
20 in obtaining permission to take any examination given or required pursuant to
21 sections 324.400 to 324.439;
22 (3) Obtaining or attempting to obtain any fee, char ge, tuition or other
23 compensation by fraud, deception or misrepresentation;
24 (4) Incompetency , misconduct, gross negligence, fraud,
2 5 misrepresentation or dishonesty in the performance of the functions or
26 duties of the profession regulated by sections 324.400 to 324.439;
27 (5) V iolation of, or assisting or enabling any person to violate, any
28 provision of sections 324.400 to 324.439, or of any lawful rule or regulation
29 adopted pursuant to such sections;
30 (6) Impersonation of any person holding a certificate of registration or
31 authority , permit or license or allowing any person to use the person's
32 certificate or diploma from any school;
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33 (7) Disciplinary action against the holder of a certificate of registration
34 or other right to perform the profession regulated by sections 324.400 to
35 324.439 granted by another state, territory , federal agency or country upon
36 grounds for which revocation or suspension is authorized in this state;
37 (8) A person is finally adjudged insane or incompetent by a court of
38 competent jurisdiction;
39 (9) Issuance of a certificate of registration based upon a material
40 mistake of fact;
41 (10) Use of any advertisement or solicitation which is false,
42 misleading or deceptive to the general public or persons to whom the
43 advertisement or solicitation is primarily directed, as it relates to the interior
44 design profession.
45 3. After the filing of a complaint pursuant to subsection 2 of this
46 section, the proceedings shall be conducted in accordance with the provisions
47 of chapter 536 and chapter 621. Upon a finding by the administrative hearing
48 commission that the grounds, provided in subsection 2 of this section, for
49 disciplinary action are met, the division shall censure or place the person
50 named in the complaint on probation for a period not to exceed five years or
51 may suspend the person's certificate for a period not to exceed three years or
52 may revoke the person's certificate of registration. ]
Section B. The repeal of sections 324.406 and 324.424 shall become ef fective upon
2 notification to the revisor from the director of the division of professional registration of the
3 department of commerce and insurance of the appointment and confirmation of two members
4 to the interior design division of the Missouri board for architects, professional engineers,
5 professional land surveyors, professional landscape architects, and licensed interior designers.
✔
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