Modifies provisions relating to interior designers

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 991
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
4845S.06P KRISTINA MARTIN, Secretary
AN ACT
To 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,
327.011, 327.031, 327.041, 327.081, 327.381, 327.411, 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 an effective 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, 1
324.403, 324.406, 324.409, 324.412, 324.415, 324.418, 324.421, 2
324.424, 324.427, 324.430, 324.433, 324.436, 324.439, 327.011, 3
327.031, 327.041, 327.081, 327.381, 327.411, 327.442, 327.451, 4
537.033, and 621.045, RSMo, are repealed and twenty -two new 5
sections enacted in lieu thereof, to be known as sections 6
324.001, 324.028, 327.011, 327.031, 327.041, 327.081, 327.381, 7
327.411, 327.442, 327.451, 327.700, 327.705, 327.710, 327.720, 8
327.725, 327.730, 327.735, 327.740, 327.745, 327.750, 537.033, 9
and 621.045, to read as follows:10
324.001. 1. For the purposes of this section, the 1
following terms mean: 2
(1) "Department", the department of commerce and 3
insurance; 4
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(2) "Director", the director of the division of 5
professional registration; and 6
(3) "Division", the division of professional 7
registration. 8
2. There is hereby established a "Division of 9
Professional Registration" assigned to the department of 10
commerce and insurance as a type III transfer, headed by a 11
director appointed by the governor with the advice and 12
consent of the senate. All of the general provisions, 13
definitions and powers enumerated in section 1 of the 14
Omnibus State Reorganization Act of 1974 and Executive Order 15
06-04 shall apply to this department and its divisions, 16
agencies, and personnel. 17
3. The director of the division of professional 18
registration shall promulgate rules and regulations which 19
designate for each board or commission assigned to the 20
division the renewal date for licenses or certificates. 21
After the initial establishment of renewal dates, no 22
director of the division shall promulgate a rule or 23
regulation which would change the renewal date for licenses 24
or certificates if such change in renewal date would occur 25
prior to the date on which the renewal date in effect at the 26
time such new renewal date is specified next occurs. Each 27
board or commission shall by rule or regulation establish 28
licensing periods of one, two, or three years. Registration 29
fees set by a board or commission shall be effective for the 30
entire licensing period involved, and shall not be increased 31
during any current licensing period. Persons who are 32
required to pay their first registration fees shall be 33
allowed to pay the pro rata share of such fees for the 34
remainder of the period remaining at the time the fees are 35
paid. Each board or commission shall provide the necessary 36
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forms for initial registration, and thereafter the director 37
may prescribe standard forms for renewal of licenses and 38
certificates. Each board or commission shall by rule and 39
regulation require each applicant to provide the information 40
which is required to keep the board's records current. Each 41
board or commission shall have the authority to collect and 42
analyze information required to support workforce planning 43
and policy development. Such information shall not be 44
publicly disclosed so as to identify a specific health care 45
provider, as defined in section 376.1350. Each board or 46
commission shall issue the original license or certificate. 47
4. The division shall provide clerical and other staff 48
services relating to the issuance and renewal of licenses 49
for all the professional licensing and regulating boards and 50
commissions assigned to the division. The division shall 51
perform the financial management and clerical functions as 52
they each relate to issuance and renewal of licenses and 53
certificates. "Issuance and renewal of licenses and 54
certificates" means the ministerial function of preparing 55
and delivering licenses or certificates, and obtaining 56
material and information for the board or commission in 57
connection with the renewal thereof to include verifying if 58
the applicant has submitted all required documentation and 59
that the documentation is legible. It does not include any 60
discretionary authority with regard to the original review 61
of an applicant's qualifications for licensure or 62
certification, or the subsequent review of licensee's or 63
certificate holder's qualifications, or any disciplinary 64
action contemplated against the licensee or certificate 65
holder. The division may develop and implement microfilming 66
systems and automated or manual management information 67
systems. 68
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5. The director of the division shall maintain a 69
system of accounting and budgeting, in cooperation with the 70
director of the department, the office of administration, 71
and the state auditor's office, to ensure proper charges are 72
made to the various boards for services rendered to them. 73
The general assembly shall appropriate to the division and 74
other state agencies from each board's funds moneys 75
sufficient to reimburse the division and other state 76
agencies for all services rendered and all facilities and 77
supplies furnished to that board. 78
6. For accounting purposes, the appropriation to the 79
division and to the office of administration for the payment 80
of rent for quarters provided for the division shall be made 81
from the "Professional Registration Fees Fund", which is 82
hereby created, and is to be used solely for the purpose 83
defined in subsection 5 of this section. The fund shall 84
consist of moneys deposited into it from each board's fund. 85
Each board shall contribute a prorated amount necessary to 86
fund the division for services rendered and rent based upon 87
the system of accounting and budgeting established by the 88
director of the division as provided in subsection 5 of this 89
section. Transfers of funds to the professional 90
registration fees fund shall be made by each board on July 91
first of each year; provided, however, that the director of 92
the division may establish an alternative date or dates of 93
transfers at the request of any board. Such transfers shall 94
be made until they equal the prorated amount for services 95
rendered and rent by the division. The provisions of 96
section 33.080 to the contrary notwithstanding, money in 97
this fund shall not be transferred and placed to the credit 98
of general revenue. 99
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7. The director of the division shall be responsible 100
for collecting and accounting for all moneys received by the 101
division or its component agencies. Any money received by a 102
board or commission shall be promptly given, identified by 103
type and source, to the director. The director shall keep a 104
record by board and state accounting system classification 105
of the amount of revenue the director receives. The 106
director shall promptly transmit all receipts to the 107
department of revenue for deposit in the state treasury to 108
the credit of the appropriate fund. The director shall 109
provide each board with all relevant financial information 110
in a timely fashion. Each board shall cooperate with the 111
director by providing necessary information. 112
8. All educational transcripts, test scores, 113
complaints, investigatory reports, and information 114
pertaining to any person who is an applicant or licensee of 115
any agency assigned to the division of professional 116
registration by statute or by the department are 117
confidential and may not be disclosed to the public or any 118
member of the public, except with the written consent of the 119
person whose records are involved. The agency which 120
possesses the records or information shall disclose the 121
records or information if the person whose records or 122
information is involved has consented to the disclosure. 123
Each agency is entitled to the attorney-client privilege and 124
work-product privilege to the same extent as any other 125
person. Provided, however, that any board may disclose 126
confidential information without the consent of the person 127
involved in the course of voluntary interstate exchange of 128
information, or in the course of any litigation concerning 129
that person, or pursuant to a lawful request, or to other 130
administrative or law enforcement agencies acting within the 131
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scope of their statutory authority. Information regarding 132
identity, including names and addresses, registration, and 133
currency of the license of the persons possessing licenses 134
to engage in a professional occupation and the names and 135
addresses of applicants for such licenses is not 136
confidential information. 137
9. Any deliberations conducted and votes taken in 138
rendering a final decision after a hearing before an agency 139
assigned to the division shall be closed to the parties and 140
the public. Once a final decision is rendered, that 141
decision shall be made available to the parties and the 142
public. 143
10. A compelling governmental interest shall be deemed 144
to exist for the purposes of section 536.025 for licensure 145
fees to be reduced by emergency rule, if the projected fund 146
balance of any agency assigned to the division of 147
professional registration is reasonably expected to exceed 148
an amount that would require transfer from that fund to 149
general revenue. 150
11. (1) The following boards and commissions are 151
assigned by specific type transfers to the division of 152
professional registration: Missouri state board of 153
accountancy, chapter 326; board of cosmetology and barber 154
examiners, chapters 328 and 329; Missouri board for 155
architects, professional engineers, professional land 156
surveyors [and], professional landscape architects, and 157
licensed interior designers, chapter 327; Missouri state 158
board of chiropractic examiners, chapter 331; state board of 159
registration for the healing arts, chapter 334; Missouri 160
dental board, chapter 332; state board of embalmers and 161
funeral directors, chapter 333; state board of optometry, 162
chapter 336; Missouri state board of nursing, chapter 335; 163
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board of pharmacy, chapter 338; state board of podiatric 164
medicine, chapter 330; Missouri real estate appraisers 165
commission, chapter 339; and Missouri veterinary medical 166
board, chapter 340. The governor shall appoint members of 167
these boards by and with the advice and consent of the 168
senate. 169
(2) The boards and commissions assigned to the 170
division shall exercise all their respective statutory 171
duties and powers, except those clerical and other staff 172
services involving collecting and accounting for moneys and 173
financial management relating to the issuance and renewal of 174
licenses, which services shall be provided by the division, 175
within the appropriation therefor. Nothing herein shall 176
prohibit employment of professional examining or testing 177
services from professional associations or others as 178
required by the boards or commissions on contract. Nothing 179
herein shall be construed to affect the power of a board or 180
commission to expend its funds as appropriated. However, 181
the division shall review the expense vouchers of each 182
board. The results of such review shall be submitted to the 183
board reviewed and to the house and senate appropriations 184
committees annually. 185
(3) Notwithstanding any other provisions of law, the 186
director of the division shall exercise only those 187
management functions of the boards and commissions 188
specifically provided in the Reorganization Act of 1974, and 189
those relating to the allocation and assignment of space, 190
personnel other than board personnel, and equipment. 191
(4) "Board personnel", as used in this section or 192
chapters 317, 326, 327, 328, 329, 330, 331, 332, 333, 334, 193
335, 336, 337, 338, 339, 340, and 345, shall mean personnel 194
whose functions and responsibilities are in areas not 195
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related to the clerical duties involving the issuance and 196
renewal of licenses, to the collecting and accounting for 197
moneys, or to financial management relating to issuance and 198
renewal of licenses; specifically included are executive 199
secretaries (or comparable positions), consultants, 200
inspectors, investigators, counsel, and secretarial support 201
staff for these positions; and such other positions as are 202
established and authorized by statute for a particular board 203
or commission. Boards and commissions may employ legal 204
counsel, if authorized by law, and temporary personnel if 205
the board is unable to meet its responsibilities with the 206
employees authorized above. Any board or commission which 207
hires temporary employees shall annually provide the 208
division director and the appropriation committees of the 209
general assembly with a complete list of all persons 210
employed in the previous year, the length of their 211
employment, the amount of their remuneration, and a 212
description of their responsibilities. 213
(5) Board personnel for each board or commission shall 214
be employed by and serve at the pleasure of the board or 215
commission, shall be supervised as the board or commission 216
designates, and shall have their duties and compensation 217
prescribed by the board or commission, within appropriations 218
for that purpose, except that compensation for board 219
personnel shall not exceed that established for comparable 220
positions as determined by the board or commission pursuant 221
to the job and pay plan of the department of commerce and 222
insurance. Nothing herein shall be construed to permit 223
salaries for any board personnel to be lowered except by 224
board action. 225
12. All the powers, duties, and functions of the 226
division of athletics, chapter 317, and others, are assigned 227
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by type I transfer to the division of professional 228
registration. 229
13. Wherever the laws, rules, or regulations of this 230
state make reference to the division of professional 231
registration of the department of economic development, such 232
references shall be deemed to refer to the division of 233
professional registration. 234
14. (1) The state board of nursing, board of 235
pharmacy, Missouri dental board, state committee of 236
psychologists, state board of chiropractic examiners, state 237
board of optometry, Missouri board of occupational therapy, 238
or state board of registration for the healing arts may 239
individually or collectively enter into a contractual 240
agreement with the department of health and senior services, 241
a public institution of higher education, or a nonprofit 242
entity for the purpose of collecting and analyzing workforce 243
data from its licensees, registrants, or permit holders for 244
future workforce planning and to assess the accessibility 245
and availability of qualified health care services and 246
practitioners in Missouri. The boards shall work 247
collaboratively with other state governmental entities to 248
ensure coordination and avoid duplication of efforts. 249
(2) The boards may expend appropriated funds necessary 250
for operational expenses of the program formed under this 251
subsection. Each board is authorized to accept grants to 252
fund the collection or analysis authorized in this 253
subsection. Any such funds shall be deposited in the 254
respective board's fund. 255
(3) Data collection shall be controlled and approved 256
by the applicable state board conducting or requesting the 257
collection. Notwithstanding the provisions of sections 258
324.010 and 334.001, the boards may release identifying data 259
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to the contractor to facilitate data analysis of the health 260
care workforce including, but not limited to, geographic, 261
demographic, and practice or professional characteristics of 262
licensees. The state board shall not request or be 263
authorized to collect income or other financial earnings 264
data. 265
(4) Data collected under this subsection shall be 266
deemed the property of the state board requesting the data. 267
Data shall be maintained by the state board in accordance 268
with chapter 610, provided that any information deemed 269
closed or confidential under subsection 8 of this section or 270
any other provision of state law shall not be disclosed 271
without consent of the applicable licensee or entity or as 272
otherwise authorized by law. Data shall only be released in 273
an aggregate form by geography, profession or professional 274
specialization, or population characteristic in a manner 275
that cannot be used to identify a specific individual or 276
entity. Data suppression standards shall be addressed and 277
established in the contractual agreement. 278
(5) Contractors shall maintain the security and 279
confidentiality of data received or collected under this 280
subsection and shall not use, disclose, or release any data 281
without approval of the applicable state board. The 282
contractual agreement between the applicable state board and 283
contractor shall establish a data release and research 284
review policy to include legal and institutional review 285
board, or agency-equivalent, approval. 286
(6) Each board may promulgate rules subject to the 287
provisions of this subsection and chapter 536 to effectuate 288
and implement the workforce data collection and analysis 289
authorized by this subsection. Any rule or portion of a 290
rule, as that term is defined in section 536.010, that is 291
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created under the authority delegated in this section shall 292
become effective only if it complies with and is subject to 293
all of the provisions of chapter 536 and, if applicable, 294
section 536.028. This section and chapter 536 are 295
nonseverable and if any of the powers vested with the 296
general assembly under chapter 536 to review, to delay the 297
effective date, or to disapprove and annul a rule are 298
subsequently held unconstitutional, then the grant of 299
rulemaking authority and any rule proposed or adopted after 300
August 28, 2016, shall be invalid and void. 301
324.028. Any member authorized under the provisions of 1
sections 256.459, 324.063, 324.177, 324.203, 324.243, 2
[324.406,] 324.478, 326.259, 327.031, 329.015, 330.110, 3
331.090, 332.021, 333.151, 334.120, 334.430, 334.625, 4
334.717, 334.749, 334.830, 335.021, 336.130, 337.050, 5
337.305, 337.535, 337.622, 337.739, 338.110, 339.120, 6
340.202, 345.080, and 346.120 who misses three consecutive 7
regularly scheduled meetings of the board or council on 8
which he or she serves shall forfeit his or her membership 9
on that board or council. A new member shall be appointed 10
to the respective board or council by the governor with the 11
advice and consent of the senate. 12
327.011. As used in this chapter, the following words 1
and terms shall have the meanings indicated: 2
(1) "Accredited degree program from a school of 3
architecture", a degree from any school or other institution 4
which teaches architecture and whose curricula for the 5
degree in question have been, at the time in question, 6
certified as accredited by the National Architectural 7
Accrediting Board; 8
(2) "Accredited degree program from a school of 9
interior design", a degree from any school or other 10
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institution which teaches interior design and whose 11
curricula for the degree in question have been, at the time 12
in question, certified as accredited by the Council for 13
Interior Design Accreditation or an accreditation body 14
recognized by the United States Department of Education; 15
(3) "Accredited school of engineering", any school or 16
other institution which teaches engineering and whose 17
curricula on the subjects in question are or have been, at 18
the time in question certified as accredited by the 19
engineering accreditation commission of the accreditation 20
board for engineering and technology or its successor 21
organization; 22
[(3)] (4) "Accredited school of landscape 23
architecture", any school or other institution which teaches 24
landscape architecture and whose curricula on the subjects 25
in question are or have been at the times in question 26
certified as accredited by the Landscape Architecture 27
Accreditation Board of the American Society of Landscape 28
Architects; 29
[(4)] (5) "Architect", any person authorized pursuant 30
to the provisions of this chapter to practice architecture 31
in Missouri, as the practice of architecture is defined in 32
section 327.091; 33
[(5)] (6) "Board", the Missouri board for architects, 34
professional engineers, professional land surveyors [and], 35
professional landscape architects, and licensed interior 36
designers; 37
[(6)] (7) "Corporation", any general business 38
corporation, professional corporation or limited liability 39
company; 40
[(7)] (8) "Design coordination", the review and 41
coordination of technical submissions prepared by others 42
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including, as appropriate and without limitation, 43
architects, professional engineers, professional land 44
surveyors, professional landscape architects, licensed 45
interior designers, and other consultants; 46
[(8)] (9) "Design survey", a survey which includes all 47
activities required to gather information to support the 48
sound conception, planning, design, construction, 49
maintenance, and operation of design projects, but excludes 50
the surveying of real property for the establishment of land 51
boundaries, rights-of-way, easements, and the dependent or 52
independent surveys or resurveys of the public land survey 53
system; 54
[(9)] (10) "Incidental practice", the performance of 55
other professional services licensed under this chapter that 56
are related to a licensee's professional service, but are 57
secondary and substantially less in scope and magnitude when 58
compared to the professional services usually and normally 59
performed by the licensee practicing in their licensed 60
profession. This incidental professional service shall be 61
safely and competently performed by the licensee without 62
jeopardizing the health, safety, and welfare of the public. 63
The licensee shall be qualified by education, training, and 64
experience as determined by the board and in sections 65
327.091, 327.181, 327.272, [and] 327.600, and 327.700 and 66
applicable board rules to perform such incidental 67
professional service; 68
(11) "Licensed interior designer", any person 69
authorized pursuant to the provisions of this chapter to 70
practice as a licensed interior designer in Missouri, as the 71
practice of licensed interior design is defined in section 72
327.700; 73
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[(10)] (12) "Licensee", a person licensed to practice 74
any profession regulated under this chapter or a corporation 75
authorized to practice any such profession; 76
[(11)] (13) "Partnership", any partnership or limited 77
liability partnership; 78
[(12)] (14) "Person", any individual, corporation, 79
firm, partnership, association or other entity authorized to 80
do business; 81
[(13)] (15) "Professional engineer", any person 82
authorized pursuant to the provisions of this chapter to 83
practice as a professional engineer in Missouri, as the 84
practice of engineering is defined in section 327.181; 85
[(14)] (16) "Professional land surveyor", any person 86
authorized pursuant to the provisions of this chapter to 87
practice as a professional land surveyor in Missouri as the 88
practice of land surveying is defined in section 327.272; 89
[(15)] (17) "Professional landscape architect", any 90
person authorized pursuant to the provisions of this chapter 91
to practice as a professional landscape architect in 92
Missouri as the practice of professional landscape 93
architecture is defined in section 327.600; 94
[(16)] (18) "Responsible charge", the independent 95
direct control of a licensee's work and personal supervision 96
of such work pertaining to the practice of architecture, 97
engineering, land surveying, [or] landscape architecture, or 98
interior design. 99
327.031. 1. The "Missouri Board for Architects, 1
Professional Engineers, Professional Land Surveyors [and], 2
Professional Landscape Architects, and Licensed Interior 3
Designers" is hereby established and shall consist of 4
[fifteen] seventeen members: a chairperson, who may be 5
either an architect, a professional engineer, a professional 6
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land surveyor, [or] a professional landscape architect, or a 7
licensed interior designer; three architects, who shall 8
constitute the architectural division of the board; four 9
professional engineers, who shall constitute its 10
professional engineering division; three professional land 11
surveyors, who shall constitute its professional land 12
surveying division; three professional landscape architects, 13
who shall constitute its professional landscape 14
architectural division; two licensed interior designers, who 15
shall constitute its licensed interior design division; and 16
a voting public member. 17
2. After receiving his or her commission and before 18
entering upon the discharge of his or her official duties, 19
each member of the board shall take, subscribe to and file 20
in the office of the secretary of state the official oath 21
required by the constitution. 22
3. The chairperson shall be the administrative and 23
executive officer of the board, and it shall be his or her 24
duty to supervise and expedite the work of the board and its 25
divisions, and, at his or her election, when a tie exists 26
between the divisions of the board, to break the tie by 27
recording his or her vote for or against the action upon 28
which the divisions are in disagreement. Each member of the 29
architectural division shall have one vote when voting on an 30
action pending before the board; each member of the 31
professional engineering division shall have one vote when 32
voting on an action pending before the board; each member of 33
the professional land surveying division shall have one vote 34
when voting on an action pending before the board; [and] 35
each member of the professional landscape architectural 36
division shall have one vote when voting on an action 37
pending before the board; and each member of the licensed 38
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interior design division shall have one vote when voting on 39
an action pending before the board. Every motion or 40
proposed action upon which the divisions of the board are 41
tied shall be deemed lost, and the chairperson shall so 42
declare, unless the chairperson shall elect to break the tie 43
as provided in this section. [Eight] Nine voting members of 44
the board, including at least one member of each division, 45
shall constitute a quorum, respectively, for the transaction 46
of board business. 47
4. Each division of the board shall, at its first 48
meeting in each even-numbered year, elect one of its members 49
as division chairperson for a term of two years. Two voting 50
members of each division of the board shall constitute a 51
quorum for the transaction of division business. The 52
chairpersons of the architectural division, professional 53
engineering division, professional land surveying division, 54
[and] professional landscape architectural division, and 55
licensed interior design division so elected shall be vice 56
chairpersons of the board[, and]. When the chairperson of 57
the board is an architect, the chairperson of the 58
architectural division shall be the ranking vice 59
chairperson[, and]; when the chairperson of the board is a 60
professional engineer, the chairperson of the professional 61
engineering division shall be the ranking vice 62
chairperson[,]; when the chairperson of the board is a 63
professional land surveyor, the chairperson of the 64
professional land surveying division shall be the ranking 65
vice chairperson[, and]; when the chairperson of the board 66
is a professional landscape architect, the chairperson of 67
the professional landscape architectural division shall be 68
the ranking vice chairperson; and when the chairperson of 69
the board is a licensed interior designer, the chairperson 70
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of the licensed interior design division shall be the 71
ranking vice chairperson. The chairperson of each division 72
shall be the administrative and executive officer of his or 73
her division, and it shall be his or her duty to supervise 74
and expedite the work of the division, and, in case of a tie 75
vote on any matter, the chairperson shall, at his or her 76
election, break the tie by his or her vote. Every motion or 77
question pending before the division upon which a tie exists 78
shall be deemed lost, and so declared by the chairperson of 79
the division, unless the chairperson shall elect to break 80
such tie by his or her vote. 81
5. (1) Any person appointed to the board, except a 82
public member, shall be a currently licensed architect, 83
licensed professional engineer, licensed professional land 84
surveyor [or], licensed professional landscape architect, or 85
licensed interior designer in Missouri, as the vacancy on 86
the board may require, who has been a resident of Missouri 87
for at least five years, who has been engaged in active 88
practice as an architect, professional engineer, 89
professional land surveyor [or], professional landscape 90
architect, or licensed interior designer, as the case may 91
be, for at least ten consecutive years as a Missouri 92
licensee immediately preceding such person's appointment, 93
and who is and has been a citizen of the United States for 94
at least five years immediately preceding such person's 95
appointment. 96
(2) (a) Active service as a faculty member while 97
holding the rank of assistant professor or higher in an 98
accredited school of engineering shall be regarded as active 99
practice of engineering, for the purposes of this chapter. 100
(b) Active service as a faculty member, after meeting 101
the qualifications required by section 327.314, while 102
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holding the rank of assistant professor or higher in an 103
accredited school of engineering and teaching land surveying 104
courses shall be regarded as active practice of land 105
surveying for the purposes of this chapter. 106
(c) Active service as a faculty member while holding 107
the rank of assistant professor or higher in an accredited 108
school of landscape architecture shall be regarded as active 109
practice of landscape architecture, for the purposes of this 110
chapter. 111
(d) Active service as a faculty member while holding 112
the rank of assistant professor or higher in an accredited 113
school of architecture shall be regarded as active practice 114
of architecture for the purposes of this chapter; provided, 115
however, that no faculty member of an accredited school of 116
architecture shall be eligible for appointment to the board 117
unless such person has had at least three years' experience 118
in the active practice of architecture other than in 119
teaching. 120
(e) Active service as a faculty member while holding 121
the rank of assistant professor or higher in an accredited 122
school of interior design shall be regarded as active 123
practice of licensed interior design for the purposes of 124
this chapter, provided that no faculty member of an 125
accredited school of interior design shall be eligible for 126
appointment to the board unless such person has had at least 127
three years of experience in the active practice of licensed 128
interior design other than in teaching. 129
(3) The public member shall be, at the time of 130
appointment, a citizen of the United States; a resident of 131
this state for a period of one year and a registered voter; 132
a person who is not and never was a member of any profession 133
licensed or regulated pursuant to this chapter or the spouse 134
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of such person; and a person who does not have and never has 135
had a material, financial interest in either the providing 136
of the professional services regulated by this chapter, or 137
an activity or organization directly related to any 138
profession licensed or regulated pursuant to this chapter. 139
All members, including public members, shall be chosen from 140
lists submitted by the director of the division of 141
professional registration. The duties of the public member 142
shall not include the determination of the technical 143
requirements to be met for licensure or whether any person 144
meets such technical requirements or of the technical 145
competence or technical judgment of a licensee or a 146
candidate for licensure. 147
6. The governor shall appoint the chairperson and the 148
other members of the board when a vacancy occurs either by 149
the expiration of a term or otherwise, and each board member 150
shall serve until such member's successor is appointed and 151
has qualified. The position of chairperson shall rotate 152
sequentially with an architect, then professional engineer, 153
then professional land surveyor, then licensed interior 154
designer, and then professional landscape architect, and 155
shall be a licensee who has previously served as a member of 156
the board. The appointment of the chairperson shall be for 157
a term of four years which shall be deemed to have begun on 158
the date of his or her appointment and shall end upon the 159
appointment of the chairperson's successor. The chairperson 160
shall not serve more than one term. All other appointments, 161
except to fill an unexpired term, shall be for terms of four 162
years; but no person shall serve on the board for more than 163
two consecutive four-year terms, and each four-year term 164
shall be deemed to have begun on the date of the expiration 165
of the term of the board member who is being replaced or 166
SS SCS SB 991 20
reappointed, as the case may be. Any appointment to the 167
board which is made when the senate is not in session shall 168
be submitted to the senate for its advice and consent at its 169
next session following the date of the appointment. 170
7. In the event that a vacancy is to occur on the 171
board because of the expiration of a term, then ninety days 172
prior to the expiration, or as soon as feasible after a 173
vacancy otherwise occurs, the president of the American 174
Institute of Architects/Missouri if the vacancy to be filled 175
requires the appointment of an architect, the president of 176
the Missouri Society of Professional Engineers if the 177
vacancy to be filled requires the appointment of a 178
professional engineer, the president of the Missouri Society 179
of Professional Surveyors if the vacancy to be filled 180
requires the appointment of a professional land surveyor, 181
[and] the president of the Missouri Association of Landscape 182
Architects if the vacancy to be filled requires the 183
appointment of a professional landscape architect, and the 184
president or other chief executive of any Missouri chapter 185
of the International Interior Design Association if the 186
vacancy to be filled requires the appointment of a licensed 187
interior designer, shall submit to the director of the 188
division of professional registration a list of five 189
architects [or], five professional engineers, [or] five 190
professional land surveyors, [or] five professional 191
landscape architects, or five licensed interior designers, 192
as the case may require, qualified and willing to fill the 193
vacancy in question, with the recommendation that the 194
governor appoint one of the five persons so listed; and with 195
the list of names so submitted, the president or other chief 196
executive of the appropriate organization shall include in a 197
letter of transmittal a description of the method by which 198
SS SCS SB 991 21
the names were chosen. This subsection shall not apply to 199
public member vacancies. 200
8. The board may sue and be sued as the Missouri board 201
for architects, professional engineers, professional land 202
surveyors [and], professional landscape architects, and 203
licensed interior designers, and its members need not be 204
named as parties. Members of the board shall not be 205
personally liable either jointly or severally for any act or 206
acts committed in the performance of their official duties 207
as board members, nor shall any board member be personally 208
liable for any court costs which accrue in any action by or 209
against the board. 210
9. Upon appointment by the governor and confirmation 211
by the senate of the two licensed interior designers to be 212
first appointed to the interior design division of the 213
board, the interior design council shall be abolished and 214
all of its powers, duties, and responsibilities shall be 215
transferred and imposed upon the board pursuant to this 216
section. Every act performed by or under the authority of 217
the board shall be deemed to have the same force and effect 218
as if performed by the interior design council pursuant to 219
the authority granted to the interior design council prior 220
to August 28, 2026. All rules of the interior design 221
council shall continue in effect and shall be deemed to be 222
duly adopted by the board until such rules are revised, 223
amended, or repealed by the board as provided by law, of 224
which such action shall be taken by the board on or before 225
January 1, 2027. 226
327.041. 1. The board shall have the duty and the 1
power to carry out the purposes and to enforce and 2
administer the provisions of this chapter, to require, by 3
summons or subpoena, with the vote of two-thirds of the 4
SS SCS SB 991 22
voting board members, the attendance and testimony of 5
witnesses, and the production of drawings, plans, plats, 6
specifications, books, papers or any document representing 7
any matter under hearing or investigation, pertaining to the 8
issuance, probation, suspension or revocation of 9
certificates of registration or certificates of authority 10
provided for in this chapter, or pertaining to the unlawful 11
practice of architecture, professional engineering, 12
professional land surveying [or], professional landscape 13
architecture, or licensed interior design. 14
2. The board shall, within the scope and purview of 15
the provisions of this chapter, prescribe the duties of its 16
officers and employees and adopt, publish and enforce the 17
rules and regulations of professional conduct which shall 18
establish and maintain appropriate standards of competence 19
and integrity in the professions of architecture, 20
professional engineering, professional land surveying [and], 21
professional landscape architecture, and licensed interior 22
design, and adopt, publish and enforce procedural rules and 23
regulations as may be considered by the board to be 24
necessary or proper for the conduct of the board's business 25
and the management of its affairs, and for the effective 26
administration and interpretation of the provisions of this 27
chapter. Any rule or portion of a rule, as that term is 28
defined in section 536.010, that is created under the 29
authority delegated in this chapter shall become effective 30
only if it complies with and is subject to all of the 31
provisions of chapter 536 and, if applicable, section 32
536.028. This section and chapter 536 are nonseverable and 33
if any of the powers vested with the general assembly 34
pursuant to chapter 536 to review, to delay the effective 35
date or to disapprove and annul a rule are subsequently held 36
SS SCS SB 991 23
unconstitutional, then the grant of rulemaking authority and 37
any rule proposed or adopted after August 28, 2001, shall be 38
invalid and void. 39
3. Rules promulgated by the board pursuant to sections 40
327.272 to 327.635 shall be consistent with and shall not 41
supersede the rules promulgated by the department of natural 42
resources pursuant to chapter 60. 43
327.081. 1. All funds received pursuant to the 1
provisions of this chapter shall be deposited in the state 2
treasury to the credit of the "State Board for Architects, 3
Professional Engineers, Professional Land Surveyors [and], 4
Professional Landscape Architects, and Licensed Interior 5
Designers Fund" which is hereby established. All 6
expenditures authorized by this chapter shall be paid from 7
funds appropriated to the board by the general assembly from 8
this fund. 9
2. The provisions of section 33.080 to the contrary 10
notwithstanding, money in this fund shall not be transferred 11
and placed to the credit of general revenue until the amount 12
in the fund at the end of the biennium exceeds two times the 13
amount of the appropriation from the board's funds for the 14
preceding fiscal year or, if the board requires by rule 15
permit renewal less frequently than yearly, then three times 16
the appropriation from the board's funds for the preceding 17
fiscal year. The amount, if any, in the fund which shall 18
lapse is that amount in the fund which exceeds the 19
appropriate multiple of the appropriations from the board's 20
funds for the preceding fiscal year. 21
3. Upon appointment by the governor and confirmation 22
by the senate of the two licensed interior designers to be 23
first appointed to the interior design division of the 24
board, all moneys in the interior designer council fund 25
SS SCS SB 991 24
shall be transferred to the state board for architects, 26
professional engineers, professional land surveyors, 27
professional landscape architects, and licensed interior 28
designers fund. The interior designer council fund shall be 29
abolished upon the transfer of all moneys in the fund to the 30
state board for architects, professional engineers, 31
professional land surveyors, professional landscape 32
architects, and licensed interior designers fund. 33
327.381. The board may license, in its discretion, any 1
architect, professional engineer, professional land 2
surveyor, or professional landscape architect who is 3
licensed, or any interior designer who is licensed, 4
certified, or registered, in another state or territory of 5
the United States, province of Canada, or in another 6
country, when such applicant has qualifications which are at 7
least equivalent to the requirements for licensure as an 8
architect, professional engineer, professional land 9
surveyor, [or] professional landscape architect, or licensed 10
interior designer in this state, and provided further that 11
the board may establish by rule the conditions under which 12
it shall require any such applicant to take any examination 13
it considers necessary, and provided further that any such 14
application is accompanied by the required fee. 15
327.411. 1. Each architect and each professional 1
engineer and each professional land surveyor and each 2
professional landscape architect and each licensed interior 3
designer shall have a personal seal in a form prescribed by 4
the board, and he or she shall affix the seal to all final 5
technical submissions. Technical submissions shall include, 6
but are not limited to, drawings, specifications, plats, 7
surveys, exhibits, reports, and certifications of 8
construction prepared by the licensee, or under such 9
SS SCS SB 991 25
licensee's immediate personal supervision. Such licensee 10
shall either prepare or personally supervise the preparation 11
of all documents sealed by the licensee, and such licensee 12
shall be held personally responsible for the contents of all 13
such documents sealed by such licensee, whether prepared or 14
drafted by another licensee or not. 15
2. The personal seal of an architect or professional 16
engineer or professional land surveyor or professional 17
landscape architect or licensed interior designer shall be 18
the legal equivalent of the licensee's signature whenever 19
and wherever used, and the owner of the seal shall be 20
responsible for the architectural, engineering, land 21
surveying, [or] landscape architectural, or interior design 22
documents, as the case may be, when the licensee places his 23
or her personal seal on such technical submissions to be 24
used in connection with, any architectural or engineering 25
project, survey, [or] landscape architectural project, or 26
interior alteration or construction project, as such term is 27
defined in section 327.700. Licensees shall undertake to 28
perform architectural, professional engineering, 29
professional land surveying [and], professional landscape 30
architectural, and licensed interior design services only 31
when they are qualified by education, training, and 32
experience in the specific technical areas involved. 33
3. Notwithstanding any provision of this section, any 34
architect, professional engineer, professional land 35
surveyor, [or] professional landscape architect, or licensed 36
interior designer may, but is not required to, attach a 37
statement over his or her signature, authenticated by his or 38
her personal seal, specifying the particular technical 39
submissions, or portions thereof, intended to be 40
authenticated by the seal, and disclaiming any 41
SS SCS SB 991 26
responsibility for all other technical submissions relating 42
to or intended to be used for any part or parts of the 43
architectural or engineering project [or], survey [or], 44
landscape architectural project, or interior alteration or 45
construction project, as such term is defined in section 46
327.700. 47
4. Nothing in this section, or any rule or regulation 48
of the board shall require any professional to seal 49
preliminary or incomplete documents. 50
327.442. 1. At such time as the final trial 1
proceedings are concluded whereby a licensee, or any person 2
who has failed to renew or has surrendered his or her 3
certificate of licensure or authority, has been finally 4
adjudicated and found guilty, or has entered a plea of 5
guilty or nolo contendere, in a [felony] criminal 6
prosecution pursuant to the laws of [this] any state, [the 7
laws of any other state, territory, or the laws] of the 8
United States [of America], or of any country for any 9
offense [reasonably] directly related to the 10
[qualifications, functions, or] duties [of a licensee 11
pursuant to this chapter or any felony offense, an essential 12
element of which is fraud, dishonesty, or an act of 13
violence, or for any felony offense involving moral 14
turpitude,] and responsibilities of the occupation, as set 15
forth in section 324.012, regardless of whether or not 16
sentence is imposed, the board for architects, professional 17
engineers, professional land surveyors [and], professional 18
landscape architects, and licensed interior designers may 19
hold a disciplinary hearing to singly or in combination 20
censure or place the licensee named in the complaint on 21
probation on such terms and conditions as the board deems 22
appropriate for a period not to exceed five years, or may 23
SS SCS SB 991 27
suspend, for a period not to exceed three years, or revoke 24
the license or certificate. 25
2. Anyone who has been revoked or denied a license or 26
certificate to practice in another state may automatically 27
be denied a license or certificate to practice in this 28
state. However, the board for architects, professional 29
engineers, professional land surveyors [and], professional 30
landscape architects, and licensed interior designers may 31
establish other qualifications by which a person may 32
ultimately be qualified and licensed to practice in Missouri. 33
327.451. 1. Any person who believes that an architect 1
or a professional engineer or a professional land surveyor 2
or a professional landscape architect or a licensed interior 3
designer has acted or failed to act so that his or her 4
license or certificate of authority should, pursuant to the 5
provisions of this chapter, be suspended or revoked, or who 6
believes that any applicant for a license or certificate of 7
authority pursuant to the provisions of this chapter is not 8
entitled to a license or a certificate of authority, may 9
file a written affidavit with the executive director of the 10
board which the affiant shall sign and swear to and in which 11
the affiant shall clearly set forth the reasons for the 12
affiant's charge or charges that the license or certificate 13
of authority of an architect or professional engineer or 14
professional land surveyor or professional landscape 15
architect or licensed interior designer should be suspended 16
or revoked or not renewed or that a license or certificate 17
of authority should not be issued to an applicant. 18
2. If the affidavit so filed does not contain 19
statements of fact which if true would authorize, pursuant 20
to the provisions of this chapter, suspension or revocation 21
of the accused's license or certificate of authority, or 22
SS SCS SB 991 28
does not contain statements of fact which if true would 23
authorize, pursuant to the provisions of this chapter, the 24
refusal of the renewal of an existing license or certificate 25
of authority or the refusal of a license or certificate of 26
authority to an applicant, the board shall either dismiss 27
the charge or charges or, within its discretion, cause an 28
investigation to be made of the charges contained in the 29
affidavit, after which investigation the board shall either 30
dismiss the charge or charges or proceed against the accused 31
by written complaint as provided in subsection 3 of this 32
section. 33
3. If the affidavit contains statements of fact which 34
if true would authorize pursuant to the provisions of this 35
chapter the revocation or suspension of an accused's license 36
or certificate of authority, the board shall cause an 37
investigation to be made of the charge or charges contained 38
in the affidavit and unless the investigation discloses the 39
falsity of the facts upon which the charge or charges in the 40
affidavit are based, the board shall file with and in the 41
administrative hearing commission a written complaint 42
against the accused setting forth the cause or causes for 43
which the accused's license or certificate of authority 44
should be suspended or revoked. Thereafter, the board shall 45
be governed by and shall proceed in accordance with the 46
provisions of chapter 621. 47
4. If the charges contained in the affidavit filed 48
with the board would constitute a cause or causes for which 49
pursuant to the provisions of this chapter an accused's 50
license or certificate of authority should not be renewed or 51
a cause or causes for which pursuant to the provisions of 52
this chapter a certificate should not be issued, the board 53
shall cause an investigation to be made of the charge or 54
SS SCS SB 991 29
charges and unless the investigation discloses the falsity 55
of the facts upon which the charge or charges contained in 56
the affidavit are based, the board shall refuse to permit an 57
applicant to be examined upon the applicant's qualifications 58
for licensure or shall refuse to issue or renew a license or 59
certificate of authority, as the case may require. 60
5. The provisions of this section shall not be so 61
construed as to prevent the board on its own initiative from 62
instituting and conducting investigations and based thereon 63
to make written complaints in and to the administrative 64
hearing commission. 65
6. If for any reason the provisions of chapter 621 66
become inapplicable to the board, then, and in that event, 67
the board shall proceed to charge, adjudicate and otherwise 68
act in accordance with the provisions of chapter 536. 69
[324.400.] 327.700. As used in sections [324.400 to 1
324.439] 327.700 to 327.750, the following terms mean: 2
(1) ["Council", the interior design council created in 3
section 324.406; 4
(2) "Division", the division of professional 5
registration; 6
(3) "Registered interior designer", a design 7
professional who provides services including preparation of 8
documents and specifications relative to nonload-bearing 9
interior construction, furniture, finishes, fixtures and 10
equipment and who meets the criteria of education, 11
experience and examination as provided in sections 324.400 12
to 324.439] "Building equipment", any mechanical, plumbing, 13
electrical, or structural components, including a 14
conveyance, designed for or located in a building or 15
structure; 16
SS SCS SB 991 30
(2) "Conveyance", an elevator, dumbwaiter, vertical 17
reciprocating conveyor, escalator, or other motorized 18
vertical transportation system; 19
(3) "Interior alteration or construction project", a 20
project, including construction, modification, renovation, 21
rehabilitation, or historic preservation, for an interior 22
space or area within a proposed or existing building or 23
structure that involves changing or altering: 24
(a) The design function or layout of a room; or 25
(b) The state of permanent fixtures or equipment; 26
(4) "Interior nonstructural element", an interior 27
design element that does not require structural bracing and 28
that is not load-bearing according to any applicable 29
building codes; 30
(5) "Interior technical submission", the designs, 31
drawings, and specifications that establish the scope of the 32
interior alteration or construction project, the standard of 33
quality for any materials, workmanship, equipment, and 34
construction systems of an interior alteration or 35
construction project, and the studies and other technical 36
reports and calculations prepared in the course of the 37
practice of licensed interior design; 38
(6) "Practice of licensed interior design", the design 39
of interior spaces as a part of an interior alteration or 40
construction project in conformity with public health, 41
safety, and welfare requirements, including the preparation 42
of documents relating to building code descriptions, project 43
egress plans that require no increase in the capacity of 44
exits in the space affected, space planning, and finish 45
materials, and the preparation of documents and interior 46
technical submissions relating to an interior alteration or 47
SS SCS SB 991 31
construction project. The term "practice of licensed 48
interior design": 49
(a) Shall include: 50
a. The programming, planning, pre-design analysis, and 51
conceptual design of any interior nonstructural elements 52
including, but not limited to, the selection of materials, 53
except for building equipment; 54
b. The alteration or construction of any interior 55
nonstructural elements and any interior technical 56
submissions related to such alteration or construction; 57
c. The preparation of a physical plan of space within 58
a proposed or existing building or structure, including: 59
(i) Determinations of circulation systems or patterns; 60
(ii) Determinations of the location of exit 61
requirements based on occupancy loads; and 62
(iii) Assessments and analyses of any interior safety 63
factors to comply with applicable building codes related to 64
interior nonstructural elements; 65
d. The rendering of designs, plans, drawings, 66
specifications, contract documents, or other interior 67
technical submissions; and 68
e. The administration of the construction of interior 69
nonstructural elements and contracts relating to interior 70
nonstructural elements in the interior alteration or 71
construction of a proposed or existing building or 72
structure; and 73
(b) Shall not include: 74
a. Services or work that constitute the practice of 75
architecture, as provided in section 327.091, except as 76
otherwise provided for in this chapter; 77
b. Services or work that constitute the practice of 78
professional engineering, as provided in section 327.181; 79
SS SCS SB 991 32
c. Services or work that constitute the practice of 80
professional land surveying, as provided in section 327.272; 81
d. Services or work that constitute the practice of 82
professional landscape architecture, as defined in section 83
327.600; 84
e. Altering or affecting the structural system and 85
seismic system of a building, including changing the 86
building's live or dead load on the structural system; 87
f. Changes to the building envelope, including 88
exterior walls, exterior wall coverings, exterior wall 89
openings, exterior windows or doors, architectural trim, 90
balconies and similar projections, bay or oriel windows, 91
roof assemblies and rooftop structures, and glass and 92
glazing for exterior use in both vertical, horizontal, and 93
sloped applications in buildings and structures; 94
g. Altering or affecting the mechanical, plumbing, 95
heating, air conditioning, ventilation, electrical, vertical 96
transportation, fire sprinkler, or fire alarm systems, and 97
any building elements, spaces, or areas that are for the 98
purpose of containing such systems; 99
h. Changes beyond the exit access component of a means 100
of egress system; 101
i. Construction that materially affects any life 102
safety systems pertaining to fire safety or fire protection 103
of structural elements, smoke evacuation and 104
compartmentalization systems, or fire-rated vertical shafts 105
in multi-story structures; 106
j. Changes to the existing use group for an occupancy; 107
k. Changes to the construction classification of the 108
building or structure according to any applicable building 109
codes; 110
SS SCS SB 991 33
l. Creating or modifying any atriums, floor openings, 111
community spaces, or vertical openings; or 112
m. Any person who renders services within the practice 113
of licensed interior design in connection with the 114
construction, remodeling, or repairing of any privately 115
owned building described in item (i), (ii), or (iii) of this 116
subparagraph, and who indicates on any drawings, 117
specifications, estimates, reports, or other documents 118
furnished in connection with the services within the 119
practice of licensed interior design that the person is not 120
a licensed interior designer: 121
(i) A dwelling house; 122
(ii) A multiple family dwelling house, flat, or 123
apartment containing not more than two families; or 124
(iii) Any one building or structure, except for those 125
buildings or structures used exclusively for agricultural 126
purposes, which provides for the employment, assembly, 127
housing, sleeping, or eating of not more than nine persons, 128
contains less than two thousand square feet, and is not part 129
of another building or structure. 130
[324.402.] 327.705. The state or any county, 1
municipality, or other political subdivision shall not 2
require the use of a [registered] licensed interior designer 3
for any residential building, residential remodeling, 4
residential rehabilitation, or residential construction 5
purposes. 6
[324.403.] 327.710. 1. No person may use the name or 1
title, [registered] licensed interior designer, in this 2
state unless that person is [registered] licensed as 3
required by sections [324.400 to 324.439] 327.700 to 327.750. 4
2. A licensed interior designer shall undertake to 5
perform services within the practice of licensed interior 6
SS SCS SB 991 34
design only when he or she is qualified by education, 7
training, and experience in the specific technical areas 8
involved. 9
3. Licensed interior designers shall be in responsible 10
charge of interior design technical submissions that can 11
affect the health, safety, and welfare of the public within 12
their scope of practice. Licensed interior designers shall 13
not take responsible charge over interior technical 14
submissions prepared by another person unless the licensed 15
interior designer reviewing such interior technical 16
submissions actually exercises personal supervision and 17
direct control over the interior technical submissions. 18
Nothing in [sections 324.400 to 324.439] this chapter shall 19
be construed as limiting or preventing the practice of a 20
person's interior design profession or restricting a person 21
from providing [interior design] services within the 22
practice of licensed interior design, provided such person 23
does not indicate to the public that such person is 24
[registered] licensed as an interior designer pursuant to 25
the provisions of sections [324.400 to 324.439] 327.700 to 26
327.750. 27
4. Nothing in this chapter shall be construed as in 28
any way precluding an architect from performing any of the 29
services included within the practice of licensed interior 30
design. 31
[324.409.] 327.720. 1. To be a [registered] licensed 1
interior designer, a person: 2
(1) Shall take and pass or have passed the examination 3
administered by the [National] Council for Interior Design 4
Qualification or an equivalent examination approved by the 5
[division] board. In addition to proof of passage of the 6
SS SCS SB 991 35
examination, the application shall provide substantial 7
evidence to the [division] board that the applicant: 8
(a) Is a graduate of a five-year or four-year 9
accredited degree program from a school of interior design 10
[program from an accredited institution] and has completed 11
at least two years of diversified and appropriate interior 12
design experience; or 13
(b) [Has completed at least three years of an interior 14
design curriculum from an accredited institution and has 15
completed at least three years of diversified and 16
appropriate interior design experience; or 17
(c)] Is a graduate of a two-year accredited degree 18
program from a school of interior design [program from an 19
accredited institution] and has completed at least four 20
years of diversified and appropriate interior design 21
experience; or 22
(2) May qualify who is currently [registered] licensed 23
pursuant to sections 327.091 to 327.171, and section 327.401 24
pertaining to the practice of architecture [and registered 25
with the division. Such applicant shall give authorization 26
to the division in order to verify current registration with 27
sections 327.091 to 327.171 and section 327.401 pertaining 28
to the practice of architecture]. 29
2. An applicant whose curriculum or transcript has 30
been approved by the board shall be exempt from the 31
requirement to provide substantial evidence that the 32
applicant meets the requirements of paragraph (a) or (b) of 33
subdivision (1) of subsection 1 of this section. 34
3. The [division] board shall verify if an applicant 35
has complied with the provisions of this section and has 36
paid the required fees, then the [division] board shall 37
recommend such applicant be [registered] licensed as a 38
SS SCS SB 991 36
[registered] licensed interior designer by the [division] 39
board. 40
[324.415.] 327.725. Applications for [registration] 1
licensure as a [registered] licensed interior designer shall 2
be typewritten on forms prescribed by the [division] board 3
and furnished to the applicant. The application shall 4
contain the applicant's statements showing the applicant's 5
education, experience, results of previous interior design 6
certification, registration, or licensing examinations, if 7
any, and such other pertinent information as the [division] 8
board may require, or architect's license or registration 9
number and such other pertinent information as the 10
[division] board may require. Each application shall 11
contain a statement that is made under oath or affirmation 12
and that the representations are true and correct to the 13
best knowledge and belief of the person signing the 14
application. The person shall be subject to the penalties 15
for making a false affidavit or declaration and shall be 16
accompanied by the required fee. 17
[324.418.] 327.730. 1. The [certificate of 1
registration] license issued biennially to a [registered] 2
licensed interior designer pursuant to sections [324.400 to 3
324.439] 327.700 to 327.750 shall be renewed on or before 4
the [certificate] license renewal date accompanied by the 5
required fee. The [certificate of registration] license of 6
a [registered] licensed interior designer which is not 7
renewed within three months after the [certificate] license 8
renewal date shall be suspended automatically, subject to 9
the right of the holder to have the suspended [certificate 10
of registration] license reinstated within nine months of 11
the date of suspension if the person pays the required 12
reinstatement fee. Any [certificate of registration] 13
SS SCS SB 991 37
license suspended and not reinstated within nine months of 14
the suspension date shall expire and be void and the holder 15
of such [certificate] license shall have no rights or 16
privileges provided to holders of valid [certificates] 17
licenses. Any person whose [certificate of registration] 18
license has expired may, upon demonstration of current 19
qualifications and payment of required fees, be 20
[reregistered] relicensed or reauthorized under the person's 21
original [certificate of registration] license number. 22
2. Each application for the renewal or reinstatement 23
of a [registration] license shall be on a form furnished to 24
the applicant and shall be accompanied by the required fees 25
[and proof of current completion of at least one unit every 26
two years of approved or verifiable continuing education in 27
interior design or architecture, immediately prior to such 28
renewal or reinstatement. Ten contact hours constitutes one 29
continuing education unit. Five contact hours of teaching 30
in interior design or architecture constitutes one 31
continuing education unit. One college course credit in 32
interior design or architecture constitutes one continuing 33
education unit]. 34
3. The board shall establish, by rule, continuing 35
education requirements as a condition to renewing or 36
reinstating the license of an interior designer that are 37
substantially equivalent to the continuing education 38
requirements for architects. 39
[324.427.] 327.735. It is unlawful for any person to 1
advertise or indicate to the public that the person is a 2
[registered] licensed interior designer in this state, 3
unless such person is [registered] licensed as a 4
[registered] licensed interior designer by the [division] 5
SS SCS SB 991 38
board and is in good standing pursuant to sections [324.400 6
to 324.439] 327.700 to 327.750. 7
[324.430.] 327.740. No person may use the designation 1
[registered] licensed interior designer in Missouri, unless 2
the [division] board has issued a current [certificate of 3
registration] license certifying that the person has been 4
duly [registered] licensed as a [registered] licensed 5
interior designer in Missouri and unless such [registration] 6
license has been renewed or reinstated as provided in 7
section [324.418] 327.730. 8
[324.433.] 327.745. The right to use the title of 1
[registered] licensed interior designer shall be deemed a 2
personal right, based upon the qualifications of the 3
individual, evidenced by the person's current [certificate 4
of registration] license and such [certificate] license is 5
not transferable; except that, a [registered] licensed 6
interior designer may perform the [interior designer's 7
profession] practice of licensed interior design through, or 8
as a member of, or as an employee of, a partnership or 9
corporation. 10
[324.439.] 327.750. [After twenty-four months after 1
August 28, 1998,] Any person who violates any provision of 2
sections [324.400 to 324.439] 327.700 to 327.750 shall be 3
guilty of a class A misdemeanor. 4
537.033. 1. As used in this section, unless the 1
context clearly indicates otherwise, the following words and 2
terms shall have the meanings indicated: 3
(1) "Design professional", an architect, landscape 4
architect, professional land surveyor, [or] professional 5
engineer, or licensed interior designer licensed under the 6
provisions of chapter 327 or any corporation authorized to 7
practice architecture, landscape architecture, land 8
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surveying, or engineering under section 327.401 while acting 9
within their scope of practice; 10
(2) "Lessons learned", internal meetings, classes, 11
publications in any medium, presentations, lectures, or 12
other means of teaching and communicating after substantial 13
completion of the project which are conducted solely and 14
exclusively by and with the employees, partners, and 15
coworkers of the design professional who prepared the 16
project's design for the purpose of learning best practices 17
and reducing errors and omissions in design documents and 18
procedures. Lessons learned shall not include 19
presentations, lectures, teaching, or communication made to 20
or by third parties who are not employees, partners, and 21
coworkers of the design professional whose work is being 22
evaluated and discussed; 23
(3) "Peer review process", a process through which 24
design professionals evaluate, maintain, or monitor the 25
quality and utilization of architectural, landscape 26
architectural, land surveying, [or] engineering, or interior 27
design services, prepare internal lessons learned, or 28
exercise any combination of such responsibilities; 29
(4) "Substantial completion", the construction of the 30
project covered by the design professional's design 31
documents has reached substantial completion, as that term 32
is defined in section 436.327. 33
2. A peer review process shall only be performed by a 34
design professional licensed in any jurisdiction in the 35
United States in the same profession as would be required 36
under chapter 327 to prepare the design documents being 37
reviewed, or in a case requiring multiple professions, by a 38
person or persons holding the proper licenses. A peer 39
review process may be performed by one or more design 40
SS SCS SB 991 40
professionals appointed by the partners, shareholders, board 41
of directors, chief executive officer, quality control 42
director, or employed design professionals of a partnership 43
or of a corporation authorized under section 327.401 to 44
practice architecture, landscape architecture, land 45
surveying, or engineering, or by the owner of a sole 46
proprietorship engaged in one or more of such professions. 47
Any individual identified in this subsection and performing 48
a peer review shall be deemed a peer reviewer. 49
3. Each peer reviewer described in this subsection 50
shall be immune from civil liability for such acts so long 51
as the acts are performed in good faith, without malice, and 52
are reasonably related to the scope of inquiry of the peer 53
review process. The immunity in this subsection is intended 54
to cover only outside peer reviews by a third-party design 55
professional who is not an employee, coworker, or partner of 56
the design professional whose design is being peer reviewed 57
before substantial completion of the project and who has no 58
other role in the project besides performing the peer review. 59
4. This section does not provide immunity to any in- 60
house peer reviewer when performed by employees, coworkers, 61
or partners of the design professional who prepares the 62
design, nor are any such documents or peer review comments, 63
other than lessons learned, inadmissible into evidence in 64
any judicial or administrative action. 65
5. Except for documents related to lessons learned, 66
the interviews, memoranda, proceedings, findings, 67
deliberations, reports, and minutes of the peer review 68
process, or the existence of the same, concerning the 69
professional services provided to a client or member of the 70
public are subject to discovery, subpoena, or other means of 71
legal compulsion for their release to any person or entity 72
SS SCS SB 991 41
and shall be admissible into evidence in any judicial or 73
administrative action for failure to provide appropriate 74
architectural, landscape architectural, land surveying, [or] 75
engineering, or interior design services, subject to 76
applicable rules of the court or tribunal. Except as 77
otherwise provided in this section, no person who was in 78
attendance at, or participated in, any lessons learned 79
process or proceedings shall be permitted or required to 80
disclose any information acquired in connection with or in 81
the course of such proceeding, or to disclose any opinion, 82
recommendation, or evaluation made in a lessons learned 83
process or proceeding; provided, however, that information 84
otherwise discoverable or admissible from original sources 85
is not to be construed as immune from discovery or use in 86
any proceeding merely because it was presented during a 87
lessons learned process or proceeding nor is a member, 88
employee, or agent involved in any such process or 89
proceeding, or other person appearing before a peer 90
reviewer, to be prevented from testifying as to matters 91
within his or her personal knowledge and in accordance with 92
the other provisions of this section, but such witness 93
cannot be questioned about a lessons learned process or 94
proceeding or about opinions formed as a result of such 95
process or proceeding. The disclosure of any memoranda, 96
proceedings, reports, or minutes of a lessons learned 97
proceeding to any person or entity, including but not 98
limited to governmental agencies, professional accrediting 99
agencies, or other design professionals, whether proper or 100
improper, shall not waive or have any effect upon its 101
confidentiality, nondiscoverability, or nonadmissibility. 102
6. Nothing in this section shall limit authority 103
otherwise provided by law of the Missouri board for 104
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architects, professional engineers, professional land 105
surveyors, [and] professional landscape architects, and 106
licensed interior designers to obtain information by 107
subpoena or other authorized process from a peer reviewer or 108
to require disclosure of otherwise confidential information 109
relating to matters and investigations within the 110
jurisdiction of such licensing board. 111
621.045. 1. The administrative hearing commission 1
shall conduct hearings and make findings of fact and 2
conclusions of law in those cases when, under the law, a 3
license issued by any of the following agencies may be 4
revoked or suspended or when the licensee may be placed on 5
probation or when an agency refuses to permit an applicant 6
to be examined upon his or her qualifications or refuses to 7
issue or renew a license of an applicant who has passed an 8
examination for licensure or who possesses the 9
qualifications for licensure without examination: 10
Missouri State Board of Accountancy 11
Missouri State Board for Architects, Professional 12
Engineers, Professional Land Surveyors [and], Professional 13
Landscape Architects, and Licensed Interior Designers 14
Board of Barber Examiners 15
Board of Cosmetology 16
Board of Chiropody and Podiatry 17
Board of Chiropractic Examiners 18
Missouri Dental Board 19
Board of Embalmers and Funeral Directors 20
Board of Registration for the Healing Arts 21
Board of Nursing 22
Board of Optometry 23
Board of Pharmacy 24
Missouri Real Estate Commission 25
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Missouri Veterinary Medical Board 26
Supervisor of Liquor Control 27
Department of Health and Senior Services 28
Department of Commerce and Insurance 29
Department of Mental Health 30
Board of Private Investigator Examiners. 31
2. If in the future there are created by law any new 32
or additional administrative agencies which have the power 33
to issue, revoke, suspend, or place on probation any 34
license, then those agencies are under the provisions of 35
this law. 36
3. The administrative hearing commission is authorized 37
to conduct hearings and make findings of fact and 38
conclusions of law in those cases brought by the Missouri 39
state board for architects, professional engineers, 40
professional land surveyors [and], professional landscape 41
architects, and licensed interior designers against 42
unlicensed persons under section 327.076. 43
4. Notwithstanding any other provision of this section 44
to the contrary, after August 28, 1995, in order to 45
encourage settlement of disputes between any agency 46
described in subsection 1 or 2 of this section and its 47
licensees, any such agency shall: 48
(1) Provide the licensee with a written description of 49
the specific conduct for which discipline is sought and a 50
citation to the law and rules allegedly violated, together 51
with copies of any documents which are the basis thereof and 52
the agency's initial settlement offer, or file a contested 53
case against the licensee; 54
(2) If no contested case has been filed against the 55
licensee, allow the licensee at least sixty days, from the 56
date of mailing, to consider the agency's initial settlement 57
SS SCS SB 991 44
offer and to contact the agency to discuss the terms of such 58
settlement offer; 59
(3) If no contested case has been filed against the 60
licensee, advise the licensee that the licensee may, either 61
at the time the settlement agreement is signed by all 62
parties, or within fifteen days thereafter, submit the 63
agreement to the administrative hearing commission for 64
determination that the facts agreed to by the parties to the 65
settlement constitute grounds for denying or disciplining 66
the license of the licensee; and 67
(4) In any contact under this subsection by the agency 68
or its counsel with a licensee who is not represented by 69
counsel, advise the licensee that the licensee has the right 70
to consult an attorney at the licensee's own expense. 71
5. If the licensee desires review by the 72
administrative hearing commission under subdivision (3) of 73
subsection 4 of this section at any time prior to the 74
settlement becoming final, the licensee may rescind and 75
withdraw from the settlement and any admissions of fact or 76
law in the agreement shall be deemed withdrawn and not 77
admissible for any purposes under the law against the 78
licensee. Any settlement submitted to the administrative 79
hearing commission shall not be effective and final unless 80
and until findings of fact and conclusions of law are 81
entered by the administrative hearing commission that the 82
facts agreed to by the parties to the settlement constitute 83
grounds for denying or disciplining the license of the 84
licensee. 85
6. When a holder of a license, registration, permit, 86
or certificate of authority issued by the division of 87
professional registration or a board, commission, or 88
committee of the division of professional registration 89
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against whom an affirmative decision is sought has failed to 90
plead or otherwise respond in the contested case and 91
adequate notice has been given under sections 536.067 and 92
621.100 upon a properly pled writing filed to initiate the 93
contested case under this chapter or chapter 536, a default 94
decision shall be entered against the licensee without 95
further proceedings. The default decision shall grant such 96
relief as requested by the division of professional 97
registration, board, committee, commission, or office in the 98
writing initiating the contested case as allowed by law. 99
Upon motion stating facts constituting a meritorious defense 100
and for good cause shown, a default decision may be set 101
aside. The motion shall be made within a reasonable time, 102
not to exceed thirty days after entry of the default 103
decision. "Good cause" includes a mistake or conduct that 104
is not intentionally or recklessly designed to impede the 105
administrative process. 106
[324.406. 1. There is hereby created 1
within the division of professional registration 2
a council to be known as the "Interior Design 3
Council". The council shall consist of four 4
interior designers and one public member 5
appointed by the director of the division. The 6
director shall give due consideration to the 7
recommendations by state organizations of the 8
interior design profession for the appointment 9
of the interior design members to the council. 10
Council members shall be appointed to serve a 11
term of four years; except that of the members 12
first appointed, one interior design member and 13
the public member shall be appointed for terms 14
of four years, one member shall be appointed for 15
a term of three years, one member shall be 16
appointed for a term of two years and one member 17
shall be appointed for a term of one year. No 18
member of the council shall serve more than two 19
terms. 20
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2. Each council member, other than the 21
public member, shall be a citizen of the United 22
States, a resident of the state of Missouri for 23
at least one year, meet the qualifications for 24
professional registration, practice interior 25
design as the person's principal livelihood and, 26
except for the first members appointed, be 27
registered pursuant to sections 324.400 to 28
324.439 as an interior designer. 29
3. The public member shall be, at the time 30
of such person's appointment, a citizen of the 31
United States, a registered voter, a person who 32
is not and never was a member of the profession 33
regulated by sections 324.400 to 324.439 or the 34
spouse of such a person and a person who does 35
not have and never has had a material financial 36
interest in the providing of the professional 37
services regulated by sections 324.400 to 38
324.439. The duties of the public member shall 39
not include the determination of the technical 40
requirements for the registration of persons as 41
interior designers. 42
4. The provisions of section 324.028 43
pertaining to members of certain state boards 44
and commissions shall apply to all members of 45
the council. 46
5. Members of the council may be removed 47
from office for cause. Upon the death, 48
resignation or removal from office of any member 49
of the council, the appointment to fill the 50
vacancy shall be for the unexpired portion of 51
the term so vacated and shall be filled in the 52
same manner as the first appointment and due 53
notice be given to the state organizations of 54
the interior design profession prior to the 55
appointment. 56
6. Each member of the council may receive 57
as compensation an amount set by the division 58
not to exceed fifty dollars per day and shall be 59
reimbursed for the member's reasonable and 60
necessary expenses incurred in the official 61
performance of the member's duties as a member 62
of the council. The director shall establish by 63
rule guidelines for payment. 64
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7. The council shall meet at least twice 65
each year and guide, advise, and make 66
recommendations to the division on matters 67
within the scope of sections 324.400 to 68
324.439. The organization of the council shall 69
be established by the members of the council.] 70
[324.412. The division shall: 1
(1) Employ, within the limits of the 2
appropriations for that purpose, such employees 3
as are necessary to carry out the provisions of 4
sections 324.400 to 324.439; 5
(2) Exercise all budgeting, purchasing, 6
reporting and other related management functions; 7
(3) Recommend prosecution for violations 8
of sections 324.400 to 324.439 to the 9
appropriate prosecuting or circuit attorney; 10
(4) Promulgate such rules and regulations 11
as are necessary to administer the provisions of 12
sections 324.400 to 324.439. Any rule or 13
portion of a rule, as that term is defined in 14
section 536.010, that is promulgated to 15
administer and enforce sections 324.400 to 16
324.439, shall become effective only if the 17
agency has fully complied with all of the 18
requirements of chapter 536, including but not 19
limited to, section 536.028, if applicable, 20
after August 28, 1998. If the provisions of 21
section 536.028 apply, the provisions of this 22
section are nonseverable and if any of the 23
powers vested with the general assembly pursuant 24
to section 536.028 to review, to delay the 25
effective date, or to disapprove and annul a 26
rule or portion of a rule are held 27
unconstitutional or invalid, the purported grant 28
of rulemaking authority and any rule so proposed 29
and contained in the order of rulemaking shall 30
be invalid and void, except that nothing in this 31
section shall affect the validity of any rule 32
adopted and promulgated prior to August 28, 33
1998.] 34
[324.421. The division shall register 1
without examination any interior designer 2
certified, licensed or registered in a foreign 3
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country if the applicant has qualifications 4
which are at least equivalent to the 5
requirements for registration as a registered 6
interior designer in this state and such 7
applicant pays the required fees.] 8
[324.424. 1. The division shall set the 1
amount of the fees authorized by sections 2
324.400 to 324.439 by rules and regulations. 3
The fees shall be set at a level to produce 4
revenue which shall not substantially exceed the 5
cost and expense of administering sections 6
324.400 to 324.439. All fees required pursuant 7
to sections 324.400 to 324.439 shall be paid to 8
and collected by the division of professional 9
registration and transmitted to the department 10
of revenue for deposit in the state treasury to 11
the credit of the "Interior Designer Council 12
Fund", which is hereby created. 13
2. Notwithstanding the provisions of 14
section 33.080 to the contrary, money in the 15
fund shall not be transferred and placed to the 16
credit of general revenue until the amount in 17
the fund at the end of the biennium exceeds 18
three times the amount of the appropriation to 19
the council for the preceding fiscal year. The 20
amount, if any, in the fund which shall lapse is 21
the amount in the fund which exceeds the 22
appropriate multiple of the appropriations to 23
the council for the preceding fiscal year.] 24
[324.436. 1. The division may refuse to 1
issue any certificate required pursuant to 2
sections 324.400 to 324.439, or renew or 3
reinstate any such certificate, for any one or 4
any combination of the reasons stated in 5
subsection 2 of this section. The division 6
shall notify the applicant in writing of the 7
reasons for the refusal and shall advise the 8
applicant of the person's right to file a 9
complaint with the administrative hearing 10
commission as provided in chapter 621. 11
2. The division may cause a complaint to 12
be filed with the administrative hearing 13
commission as provided by chapter 621 against 14
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any holder of a certificate of registration 15
required by sections 324.400 to 324.439 or any 16
person who has failed to renew or has 17
surrendered the person's certificate of 18
registration for any one or combination of the 19
following reasons: 20
(1) The person has been finally 21
adjudicated and found guilty, or entered a plea 22
of guilty or nolo contendere, in a criminal 23
prosecution under the laws of any state or of 24
the United States, or of any country, for any 25
offense directly related to the duties and 26
responsibilities of the occupation, as set forth 27
in section 324.012, regardless of whether or not 28
sentence is imposed; 29
(2) Use of fraud, deception, 30
misrepresentation or bribery in securing any 31
certificate of registration issued pursuant to 32
sections 324.400 to 324.439 or in obtaining 33
permission to take any examination given or 34
required pursuant to sections 324.400 to 324.439; 35
(3) Obtaining or attempting to obtain any 36
fee, charge, tuition or other compensation by 37
fraud, deception or misrepresentation; 38
(4) Incompetency, misconduct, gross 39
negligence, fraud, misrepresentation or 40
dishonesty in the performance of the functions 41
or duties of the profession regulated by 42
sections 324.400 to 324.439; 43
(5) Violation of, or assisting or enabling 44
any person to violate, any provision of sections 45
324.400 to 324.439, or of any lawful rule or 46
regulation adopted pursuant to such sections; 47
(6) Impersonation of any person holding a 48
certificate of registration or authority, permit 49
or license or allowing any person to use the 50
person's certificate or diploma from any school; 51
(7) Disciplinary action against the holder 52
of a certificate of registration or other right 53
to perform the profession regulated by sections 54
324.400 to 324.439 granted by another state, 55
territory, federal agency or country upon 56
grounds for which revocation or suspension is 57
authorized in this state; 58
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(8) A person is finally adjudged insane or 59
incompetent by a court of competent jurisdiction; 60
(9) Issuance of a certificate of 61
registration based upon a material mistake of 62
fact; 63
(10) Use of any advertisement or 64
solicitation which is false, misleading or 65
deceptive to the general public or persons to 66
whom the advertisement or solicitation is 67
primarily directed, as it relates to the 68
interior design profession. 69
3. After the filing of a complaint 70
pursuant to subsection 2 of this section, the 71
proceedings shall be conducted in accordance 72
with the provisions of chapter 536 and chapter 73
621. Upon a finding by the administrative 74
hearing commission that the grounds, provided in 75
subsection 2 of this section, for disciplinary 76
action are met, the division shall censure or 77
place the person named in the complaint on 78
probation for a period not to exceed five years 79
or may suspend the person's certificate for a 80
period not to exceed three years or may revoke 81
the person's certificate of registration.] 82
Section B. The repeal of sections 324.406 and 324.424 1
shall become effective upon notification to the revisor from 2
the director of the division of professional registration of 3
the department of commerce and insurance of the appointment 4
and confirmation of two members to the interior design 5
division of the Missouri board for architects, professional 6
engineers, professional land surveyors, professional 7
landscape architects, and licensed interior designers. 8
✓