Illinois General Assembly - Full Text of HB4715
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Full Text of HB4715  102nd General Assembly


Rep. Margaret Croke

Filed: 2/28/2022





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2    AMENDMENT NO. ______. Amend House Bill 4715 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Registered Interior Designers Act is
5amended by changing Sections 3, 4, 8, and 13 and by adding
6Sections 4.1 and 4.2 as follows:
7    (225 ILCS 310/3)  (from Ch. 111, par. 8203)
8    (Section scheduled to be repealed on January 1, 2027)
9    Sec. 3. Definitions. As used in this Act:
10    "Accredited institution" means an institution accredited
11by the Council for Interior Design Accreditation,
12accreditation body recognized by the United States Department
13of Education, or a curriculum or transcript approved by the
14Board per a registration applicant's application.
15    "Address of record" means the designated address recorded
16by the Department in the applicant's application file or the



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1registrant's registration file as maintained by the
2Department's licensure maintenance unit.
3    "Board" means the Board of Registered Interior Design
4Professionals established under Section 6 of this Act.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Email address of record" means the designated email
8address recorded by the Department in the applicant's
9application file or the registrant's registration file as
10maintained by the Department's licensure maintenance unit.
11    "Interior technical submissions" means the designs,
12drawings, and specifications that establish the scope of the
13interior design to be constructed, the standard of quality for
14materials, workmanship, equipment, and construction systems,
15and the studies and other technical reports and calculations
16prepared in the course of the practice of registered interior
18    "Practice of interior design" means the design of interior
19spaces as a part of an interior alteration or interior
20construction project in conformity with public health, safety,
21and welfare requirements, including the preparation of
22documents relating to building code descriptions, project
23egress plans that require no increase capacity of exits in the
24space affected, space planning, finish materials, furnishings,
25fixtures, equipment, and the preparation of documents and
26interior technical submissions relating to interior



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1construction. "Practice of interior design" does not include:
2        (1) Services that constitute the practice of
3    architecture or the practice of professional engineering,
4    except for as provided in this Act.
5        (2) Altering or affecting the structural system of a
6    building, including changing the building's live or dead
7    load on the structural system.
8        (3) Changes to the building envelope, including
9    exterior walls, exterior wall coverings, exterior wall
10    openings, exterior windows and doors, architectural trim,
11    balconies and similar projections, bay and oriel windows,
12    roof assemblies and rooftop structures, and glass and
13    glazing for exterior use in both vertical and sloped
14    applications in buildings and structures.
15        (4) Altering or affecting the mechanical, plumbing,
16    heating, air conditioning, ventilation, electrical,
17    vertical transportation, fire sprinkler, or fire alarm
18    systems.
19        (5) Changes beyond the exit access component of a
20    means of egress system.
21        (6) Construction that materially affects life safety
22    systems pertaining to fire safety or the fire protection
23    of structural elements, or alterations to smoke evacuation
24    and compartmentalization systems or to fire-rated vertical
25    shafts in multistory structures.
26        (7) Changes of use to an occupancy of greater hazard



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1    as determined by the International Building Code.
2        (8) Changes to the construction classification of the
3    building or structure according to the International
4    Building Code.
5    "The profession of interior design", within the meaning
6and intent of this Act, refers to persons qualified by
7education, experience, and examination, who administer
8contracts for fabrication, procurement, or installation in the
9implementation of designs, drawings, and specifications for
10any interior design project and offer or furnish professional
11services, such as consultations, studies, drawings, and
12specifications in connection with the location of lighting
13fixtures, lamps and specifications of ceiling finishes as
14shown in reflected ceiling plans, space planning, furnishings,
15or the fabrication of non-loadbearing structural elements
16within and surrounding interior spaces of buildings but
17specifically excluding mechanical and electrical systems,
18except for specifications of fixtures and their location
19within interior spaces.
20    "Public member" means a person who is not a registered an
21interior designer, educator in the field, architect,
22structural engineer, or professional engineer. For purposes of
23board membership, any person with a significant financial
24interest in the design or construction service or profession
25is not a public member.
26    "Registered interior designer" means a person who has



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1received registration under Section 8 of this Act. A person
2represents himself or herself to be a "registered interior
3designer" within the meaning of this Act if he or she holds
4himself or herself out to the public by any title
5incorporating the words "registered interior designer" or any
6title that includes the words "registered interior design".
7    "Responsible control" means the amount of control over
8detailed professional knowledge of the content of interior
9technical submissions during the preparation as is ordinarily
10exercised by registered interior designers applying the
11required professional standard of care. Merely reviewing or
12reviewing and correcting an interior technical submission or
13any portion thereof prepared by those not in the regular
14employment of the office where the registered interior
15designer is a resident without control over the content of
16such work throughout its preparation does not constitute
17responsible control.
18    "Secretary" means the Secretary of Financial and
19Professional Regulation.
20(Source: P.A. 102-20, eff. 1-1-22.)
21    (225 ILCS 310/4)  (from Ch. 111, par. 8204)
22    (Section scheduled to be repealed on January 1, 2027)
23    Sec. 4. Title; application of Act.
24    (a) No individual shall, without a valid registration as a
25registered an interior designer issued by the Department, in



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1any manner hold himself or herself out to the public as a
2registered interior designer or attach the title "registered
3interior designer" or any other name or designation which
4would in any way imply that he or she is able to use the title
5"registered interior designer" as defined in this Act.
6    (a-5) Nothing in this Act shall be construed as preventing
7or restricting the services offered or advertised by an
8interior designer who is registered under this Act.
9    (b) Nothing in this Act shall prevent the employment, by a
10registered interior designer association, partnership, or a
11corporation furnishing interior design services for
12remuneration, of persons not registered as interior designers
13to perform services in various capacities as needed, provided
14that the persons do not represent themselves as, or use the
15title of, "registered interior designer".
16    (c) Nothing in this Act shall be construed to limit the
17activities and use of the title "interior designer" on the
18part of a person not registered under this Act who is a
19graduate of an interior design program and a full-time
20employee of a duly chartered institution of higher education
21insofar as such person engages in public speaking, with or
22without remuneration, provided that such person does not
23represent himself or herself to be a registered interior
24designer or use the title "registered interior designer".
25    (d) Nothing contained in this Act shall restrict any
26person not registered under this Act from carrying out any of



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1the activities listed in the definition of "the profession of
2interior design" in Section 3 if such person does not
3represent himself or herself or his or her services in any
4manner prohibited by this Act.
5    (e) Nothing in this Act shall be construed as preventing
6or restricting the practice, services, or activities of any
7person licensed in this State under any other law from
8engaging in the profession or occupation for which he or she is
9licensed, except as specifically provided for in Section 3.
10    (f) Nothing in this Act shall be construed as preventing
11or restricting the practice, services, or activities of
12engineers licensed under the Professional Engineering Practice
13Act of 1989 or the Structural Engineering Practice Act of
141989; architects licensed pursuant to the Illinois
15Architectural Practice Act of 1989; any interior decorator or
16individual offering interior decorating services including,
17but not limited to, the selection of surface materials, window
18treatments, wall coverings, furniture, accessories, paint,
19floor coverings, and lighting fixtures; or builders, home
20furnishings salespersons, and similar purveyors of goods and
21services relating to homemaking.
22    (g) Nothing in this Act or any other Act shall prevent a
23licensed architect from practicing interior design services.
24Nothing in this Act shall be construed as requiring the
25services of a registered interior designer for the interior
26designing of a single family residence.



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1    (h) Nothing in this Act shall authorize registered
2interior designers to perform services, including life safety
3services that they are prohibited from performing, or any
4practice (i) that is restricted in the Illinois Architecture
5Practice Act of 1989, the Professional Engineering Practice
6Act of 1989, or the Structural Engineering Practice Act of
71989, or (ii) that they are not authorized to perform under the
8Environmental Barriers Act, except as specifically provided
9for in Section 3.
10    (i) Nothing in this Act shall authorize registered
11interior designers to advertise services that they are
12prohibited to perform, including architecture or engineering
13services, nor to use the title "architect" in any form.
14    (j) Nothing in this Act shall be construed as preventing
15or restricting persons from engaging in professional services
16limited to the design of kitchen and bath spaces or the
17specification of products for kitchen and bath areas in
18noncommercial settings.
19(Source: P.A. 102-20, eff. 1-1-22.)
20    (225 ILCS 310/4.1 new)
21    Sec. 4.1. Seal. Every registered interior designer shall
22have a reproducible seal, or facsimile, the impression of
23which shall contain the name of the registered interior
24designer, the registrations number, and the words "Registered
25Interior Designer, State of Illinois". The registered interior



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1designer shall affix the signature, current date, date of
2registration expiration, and seal to the first sheet of any
3bound set or loose sheets of interior technical submissions
4used as contract documents between parties to the contract or
5prepared for the review and approval of any governmental or
6public authority having jurisdiction by that registered
7interior designer or under that registered interior designer's
8responsible control. The sheet of interior technical
9submissions in which the seal is affixed shall indicate those
10documents or parts thereof for which the seal shall apply. The
11seal and dates may be electronically affixed. The registrant
12may provide, at the registrant's sole discretion, an original
13signature in the registrant's handwriting, a scanned copy of
14the document bearing an original signature, or a signature
15generated by a computer. All interior technical submissions
16issued by any corporation, partnership, professional service
17corporation, or professional design firm registered under this
18Act shall contain the corporate or assumed business name and
19design firm registration number in addition to any other seal
20requirements set forth in this Act.
21    A registered interior designer under this Act shall not
22sign and seal interior technical submissions that were not
23prepared by or under the responsible control of the registered
24interior designer, except that:
25        (1) the registered interior designer may sign and seal
26    those portions of the interior technical submission that



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1    were prepared by or under the responsible control of a
2    person who holds a registration under this Act, and who
3    has signed and sealed the documents, if the registered
4    interior designer has reviewed in whole or in part such
5    portions and has either coordinated their preparation or
6    integrated them into the work;
7        (2) the registered interior designer may sign and seal
8    portions of the professional work that are not required by
9    this Act to be prepared by or under the responsible
10    control of a registered interior designer if the
11    registered interior designer has reviewed and adopted in
12    whole or in part such portions and has integrated them
13    into the work. The work associated with the combination of
14    services in connection with the design and construction of
15    buildings shall be provided by a licensed architect. If
16    engineering services are required in association with an
17    interior nonstructural project being performed by a
18    registered interior designer, the documents that have
19    already been properly sealed by a licensed professional
20    engineer may be compiled and sealed by a registered
21    interior designer. Each design professional shall seal the
22    respective documents and shall not seal a document that
23    was not prepared under the design professional's
24    responsible charge. For all other projects, engineering
25    services shall be procured separate from the registered
26    interior designer;



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1        (3) a partner or corporate officer of a professional
2    design firm registered in this State, who is registered
3    under this Act, and who has professional knowledge of the
4    content of the interior technical submissions and intends
5    to be responsible for the adequacy of the interior
6    technical submissions may sign and seal interior technical
7    submissions that are prepared by or under the responsible
8    control of a registered interior designer who is
9    registered in this State and who is in the regular
10    employment of the professional design firm.
11    The registered interior designer exercising responsible
12control under which the interior technical submissions or
13portions of the interior technical submission were prepared
14shall be identified on the interior technical submissions or
15portions of the interior technical submissions by name and
16Illinois registration number.
17    Any registered interior designer who signs and seals
18interior technical submissions not prepared by that registered
19interior designer but prepared under that registered interior
20designer's responsible control by persons not regularly
21employed in the office where the registered interior designer
22is a resident shall maintain and make available to the Board
23upon request for at least 5 years following such signing and
24sealing, adequate and complete records demonstrating the
25nature and extent of the registered interior designer's
26control over, and detailed professional knowledge of the



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1interior technical submissions throughout their preparation.
2    (225 ILCS 310/4.2 new)
3    Sec. 4.2. Interior technical submissions.
4    (a) All interior technical submissions intended for use in
5this State shall be prepared and administered in accordance
6with standards of reasonable professional skill and diligence.
7Care shall be taken to reflect the requirements of State law
8and, where applicable, county and municipal ordinances in the
9submissions. In recognition that registered interior designers
10are registered for the protection of the public health,
11safety, and welfare, submissions shall be of such quality and
12scope, and be so administered, as to conform to professional
14    (b) No officer, board, commission, or other public entity
15who receives interior technical submissions shall accept for
16filing or approval any interior technical submissions related
17to services requiring the involvement of a registered interior
18designer that do not bear the seal and signature of a
19registered interior designer.
20    (c) It is unlawful to affix a seal to interior technical
21submissions if it masks the true identify of the person who
22actually exercised responsible control of the preparation of
23such work. A registered interior designer who seals and signs
24interior technical submissions is not responsible for damage
25caused by subsequent changes to, or uses of, those interior



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1technical submissions where the subsequent changes or uses,
2including changes to uses made by State or local agencies, are
3not authorized or approved in writing by the registered
4interior designer who originally sealed and signed the
5interior technical submissions.
6    (225 ILCS 310/8)  (from Ch. 111, par. 8208)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 8. Requirements for registration.
9    (a) Each applicant for registration shall apply to the
10Department in writing on a form provided by the Department.
11Except as otherwise provided in this Act, each applicant shall
12take and pass the examination approved by the Department.
13Prior to registration, the applicant shall provide substantial
14evidence to the Board that the applicant has completed the
15education and work experience requirements to sit for the
16NCIDQ examination administered by the Council for Interior
17Design Qualification, has successfully passed the NCIDQ exam,
18has maintained an active NCIDQ certification, and:
19        (1) is a graduate of a 5-year interior design or
20    architecture program from an accredited institution and
21    has completed at least 2 years of full-time diversified
22    interior design experience;
23        (2) is a graduate of a 4-year interior design or
24    architecture program from an accredited institution and
25    has completed at least 2 years of full-time diversified



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1    interior design experience;
2        (3) has completed at least 3 years of interior design
3    or architecture curriculum from an accredited institution
4    and has completed 3 years of full-time diversified
5    interior design experience; or
6        (4) is a graduate of a 2-year interior design or
7    architecture program from an accredited institution and
8    has completed 4 years of full-time diversified interior
9    design experience.
10    (b) In addition to providing evidence of meeting the
11requirements of subsection (a), each applicant for
12registration as a registered interior designer shall provide
13substantial evidence that he or she has successfully completed
14the examination administered by the National Council for
15Interior Design Qualification Qualifications.
16    Examinations for applicants under this Act may be held at
17the direction of the Department from time to time but not less
18than once each year. The scope and form of the examination
19shall conform to the National Council for Interior Design
20Qualification examination for interior designers.
21    (b-5) Each applicant for registration shall pay to the
22Department the required registration fee, which is not
23refundable, at the time of filing his or her application.
24    (b-10) Each applicant for renewal or reinstatement of
25registration under this Act shall have completed continuing
26education as set forth by the Department by rule. The



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1Department shall consider the recommendations of the Board in
2establishing requirements for continuing education
3requirements but shall be no less than 10 hours of continuing
4education in the areas of health, safety, and welfare every 2
6    (c) An individual may apply for original registration
7prior to passing the examination. He or she shall have 2 years
8after the date of filing an application to pass the
9examination. If evidence and documentation of passing the
10examination are received by the Department later than 2 years
11after the individual's filing, the application shall be denied
12and the fee forfeited. The applicant may reapply at any time,
13but shall meet the requirements in effect at the time of
15    (d) Upon payment of the required fee, which shall be
16determined by rule, an applicant who is an architect licensed
17under the laws of this State may, without examination, be
18granted registration as a registered interior designer by the
19Department provided the applicant submits proof of an active
20architectural license in Illinois.
21(Source: P.A. 100-920, eff. 8-17-18; 101-81, eff. 7-12-19.)
22    (225 ILCS 310/13)  (from Ch. 111, par. 8213)
23    (Section scheduled to be repealed on January 1, 2027)
24    Sec. 13. Refusal, revocation or suspension of
25registration. The Department may refuse to issue, renew, or



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1restore or may revoke, suspend, place on probation, reprimand
2or take other disciplinary action as the Department may deem
3proper, including fines not to exceed $10,000 $5,000 for each
4violation, with regard to any registration for any one or
5combination of the following causes:
6        (a) Fraud in procuring the certificate of
7    registration.
8        (b) (Blank). Habitual intoxication or addiction to the
9    use of drugs.
10        (c) Making any misrepresentations or false promises,
11    directly or indirectly, to influence, persuade, or induce
12    patronage.
13        (d) Professional connection or association with, or
14    lending his or her name, to another for illegal use of the
15    title "registered interior designer", or professional
16    connection or association with any person, firm, or
17    corporation holding itself out in any manner contrary to
18    this Act.
19        (e) Obtaining or seeking to obtain checks, money, or
20    any other items of value by false or fraudulent
21    representations.
22        (f) Use of the title under a name other than his or her
23    own.
24        (g) Improper, unprofessional, or dishonorable conduct
25    of a character likely to deceive, defraud, or harm the
26    public.



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1        (h) Conviction in this or another state, or federal
2    court, of any crime which is a felony, if the Department
3    determines, after investigation, that such person has not
4    been sufficiently rehabilitated to warrant the public
5    trust.
6        (i) A violation of any provision of this Act or its
7    rules.
8        (j) Revocation by another state, the District of
9    Columbia, territory, or foreign nation of an interior
10    design or residential interior design license,
11    certification, or registration if at least one of the
12    grounds for that revocation is the same as or the
13    equivalent of one of the grounds for revocation set forth
14    in this Act.
15        (k) Mental incompetence as declared by a court of
16    competent jurisdiction.
17        (l) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    pursuant to the Abused and Neglected Child Reporting Act,
20    and upon proof by clear and convincing evidence that the
21    registrant has caused a child to be an abused child or
22    neglected child as defined in the Abused and Neglected
23    Child Reporting Act.
24        (m) Aiding or assisting another person in violating
25    any provision of this Act or its rules.
26        (n) Failure to provide information in response to a



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1    written request made by the Department within 30 days
2    after receipt of the written request.
3        (o) Physical illness, including, but not limited to,
4    deterioration through the aging process or loss of motor
5    skill that results in the inability to practice interior
6    design with reasonable judgment, skill, or safety.
7        (p) Using or attempting to use an expired, inactive,
8    suspended, or revoked registration or the certificate or
9    seal of another registrant or impersonating another
10    registrant.
11        (q) Signing, affixing, or allowing the registered
12    interior designer's seal to be affixed to any interior
13    technical submission not prepared by the registered
14    interior designer or under the registered interior
15    designer's responsible control.
16        (r) Negligence, incompetence, or misconduct in the
17    practice of interior design.
18        (s) Habitual or excessive use or abuse of drugs
19    defined in law as controlled substances, alcohol,
20    narcotics, stimulants, or any other substances that
21    results in the inability to practice with reasonable
22    judgment, skill, or safety.
23        (t) Inability to practice the profession with
24    reasonable judgment, skill, or safety as a result of
25    physical illness, including, but not limited to,
26    deterioration through the aging process, loss of motor



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1    skill, mental illness, or disability.
2        (u) The determination by a circuit court that a
3    licensee is subject to involuntary admission or judicial
4    admission, as provided in the Mental Health and
5    Developmental Disabilities Code, operates as an automatic
6    suspension. Such suspension will end only upon a finding
7    by a court that the licensee is no longer subject to
8    involuntary admission or judicial admission, the issuance
9    of an order so finding and discharging the patient, and
10    the recommendation of the Board to the Secretary that the
11    licensee be allowed to resume practice.
12        (v) Knowingly undertaking any activity or having any
13    financial or other interest, or accepting any compensation
14    or reward except from the registrant's clients, for
15    registered interior design services by the result of those
16    same services, any of which would reasonably appear to
17    compromise the registrant's professional judgment in
18    serving the best interest of clients or the public.
19    The Department may refuse to issue or may suspend the
20registration of any person who fails to file a return, or to
21pay the tax, penalty, or interest showing in a filed return, or
22to pay any final assessment of tax, penalty, or interest, as
23required by any tax Act administered by the Illinois
24Department of Revenue, until such time as the requirements of
25any such tax Act are satisfied.
26    The entry of a decree by any circuit court establishing



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1that any person holding a certificate of registration under
2this Act is a person subject to involuntary admission under
3the Mental Health and Developmental Disabilities Code shall
4operate as a suspension of that registration. That person may
5resume using the title "registered interior designer" only
6upon a finding by the Board that he or she has been determined
7to be no longer subject to involuntary admission by the court
8and upon the Board's recommendation to the Director that he or
9she be permitted to resume using the title "registered
10interior designer".
11(Source: P.A. 100-872, eff. 8-14-18; 100-920, eff. 8-17-18;
12101-81, eff. 7-12-19.)".