Every state is given the power to regulate professions that
affect the safety, health and welfare of the public. Therefore, in order to
keep the public safe and healthy, there are regulations setting a minimum
competency level of the skills required to safely practice the profession. The
results of these regulations are seen as either a Title Act or a Practice Act,
whichever one the state decided to adopt.
Let’s talk about the differences between the two Acts since
it seems a little confusing. Although each state has their own form of
regulatory act, here are some characteristics that differ between the two:
Title Acts
-
A Title Act regulates the use of a title such as
“licensed interior designer” or “registered interior designer”
-
They do not require individuals to be “licensed”
to practice interior design
·
You can provide interior design services as long
as you do not use the regulated title, or, “licensed interior designer”
-
With a title act, a customer who is looking to
hire someone for interior design work can easily identify those who have met
the minimum level of professional qualifications and feel confident in who they
are working with.
Practice Acts
-
Regulates who may call themselves interior
designers
-
Require those practicing interior design to
become licensed
·
Those practicing under the direct supervision of
a licensed interior design, such as people new to the profession, are not
required to be licensed allowing them to acquire the years of experience and
skills needed to become licensed.
-
There are some states with practice laws that
say if you only practice residential design than you do not need to be licensed
·
Although the previous statement is true, since
more states are deciding to adopt residential codes and laws requiring a
professional who is state-registered for any work demanding code-compliance,
more residential designers will need to become registered or licensed.
What do ALL states
require in order for someone to become a licensed or registered interior
designer?
Passage of the NCIDQ exam
A
combination of EDUCATION and EXPERIENCE usually totaling 6 years
What do some states
require?
A CODE
EXAM, one that is specific to their state of professional practice
What do half of the
states require?
CEU’s,
or, Continuing Education Units, for renewal of the license or registration.
WHAT CAN WE DO!?
As students or recent graduates, we can:
1.
LISTEN! Soak up as much knowledge as possible
from those who are experienced interior designers or those who have gained
experience from working in the profession for a long time.
2.
STUDY! Study for the NCIDQ and take it when you are eligible
3.
LOCATION! Before you decide which state you will
be working in, whether it be in the current state you live in or one farther
away, make sure you are aware of what the laws are and if you meet the
requirements to register in that state.
4.
INVOLVEMENT! Get involved with the local ASID
chapter or any other professional interior design association.
5.
NETWORK! Socialize and become more familiar with
your surroundings and the people who are involved in the profession in your
community or any nearby areas. It is always nice to be in a new place or
profession and not feel so alone. Get out there and have a good time getting to
know how everything works and how important communication is in professional
situations.
Now some of these may not be the easiest to fulfill but the key is to ALWAYS
HAVE FAITH IN YOUSELF, FIGHT FOR WHAT YOU BELIEVE and NEVER GIVE
UP no matter what anyone says!
OPPOSITION
Those who strongly oppose the use of Title Acts and Practice
Acts in the interior design profession include the AIA (American Institute of
Architects), NCARB (National Council of Architectural Registration Boards), and
NKBA (National Kitchen and Bath Association
AIA Views
The official policy of AIA regarding interior design legislation states
that its board recognizes the value of interior designers but doesn’t feel
there is justification to support changing existing state licensing laws. “The
AIA opposes practice or title regulation of individuals or groups other than
architects and engineers,” states the organization’s Architectural Practice and
Title Regulations Policy Statement. (IIDA Website)
Interior designers are quick to respond to this perspective by pointing out
the collaborative nature of the profession. Interior designers frequently work
alongside and lead other regulated professionals. It only makes sense for the
interior design component to be regulated as well. “In a world where partnering
of professional teams abound,” Voorhees says, “It’s time to embrace the
combination of our expertise, to use our collective ideas and energy in
providing the best spaces for the public.” (IIDA Website)
I could copy everything from this specific website, IIDA, because it has so
much information relating to the importance of interior design as well as other
professions related to design… but I won’t do that. But if I were you I would
check it out. You won’t regret it.
NKBA Views
It is the belief of the
NKBA that these laws do nothing to further the protection of public health,
safety, and welfare as there is no showing whatsoever that a continued failure
to regulate the design community causes harm to the public, which is not
adequately protected by a state's architectural and engineering controls and
existing building codes and regulations. Furthermore, such laws lead to added
governmental bureaucracy and increased consumer confusion about the
capabilities of our members and the distinctive field of kitchen and bath
design. (NKBA Website)
Florida’s Legislation Issue
Now onto a specific state’s issue that arose not too long
ago.
Florida’s interior design requirements:
1.
Interior Design Degree
2.
$1,000 NCIDQ exam
3.
4 year apprenticeship under a state licensed
interior designer
It is said that the reason for the strict law is to aid in
the safety, health and welfare of the public but it has been admitted that there
is no evidence or documentation stating there has ever been a problem with
someone who has designed a space and was not a registered interior designer.
“The
facts in this case couldn’t be clearer: There isn’t a shred of evidence that
Florida’s interior design law does anything but protect licensed interior
designers from honest competition,” said Clark Neily, senior attorney at the
Institute for Justice, a national public interest law firm challenging the
Florida law in federal court. “This ruling sets a dangerous precedent, not just
for interior designers, but for workers in all creative occupations.”
Results that follow the abuse of occupational licensing
include:
-
High priced items and materials due to the low
amount of competition
-
Limited choices for the public to choose from
-
Exclusion of minorities and older mid-career
switchers from working in the professio
Ruling
The ruling stated that, even though there was no real
evidence of those who design without a license interfering with the safety and
health of the public, the law still stands that you must go through the
specific steps to be able to practice interior design in the state of Florida.
In May of 2009, the Institute for Justice joined with three
interior designers and the National Federation of Independent Business to
challenge Florida’s interior design law in federal court, arguing that the law
censors substantial amounts of free speech and unreasonably interferes with
people’s ability to earn an honest living. (IJ Website)
The Institute for Justice plans to appeal the ruling. (IJ Website)
The Institute for Justice plans to appeal the ruling. (IJ Website)
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