HOUSE BILL 372
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Doreen Y. Gallegos and Dayan Hochman-Vigil
AN ACT
RELATING TO PROFESSIONAL LICENSES; CHANGING ADMINISTRATION OF THE INTERIOR DESIGNERS ACT TO THE REGULATION AND LICENSING DEPARTMENT; CHANGING REQUIREMENTS FOR INTERIOR DESIGN LICENSURE AND THE RENEWAL, DENIAL, SUSPENSION AND REVOCATION OF LICENSES; TRANSFERRING APPROPRIATIONS, RECORDS AND CONTRACTS OF THE INTERIOR DESIGN BOARD TO THE REGULATION AND LICENSING DEPARTMENT; CHANGING A PRESCRIBED PENALTY; REPEALING SECTIONS OF THE INTERIOR DESIGNERS ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-24C-3 NMSA 1978 (being Laws 1989, Chapter 53, Section 3, as amended) is amended to read:
"61-24C-3. DEFINITIONS.--As used in the Interior Designers Act:
[A. "board" means the interior design board]
A. "applicant" means a person applying to the department for an interior designer license;
B. "department" means the regulation and licensing department;
[B.] C. "interior design" means services that do not necessarily require performance by an architect, such as administering contracts for fabrication, procurement or installation in the implementation of designs, drawings and specifications for any interior design project and consultations, studies, drawings and specifications in connection with reflected ceiling plans, space utilization, furnishings or the fabrication of nonstructural elements within and surrounding interior spaces of buildings, but specifically excluding mechanical and electrical systems, except for specifications of fixtures and their location within interior spaces; and
[C.] D. "licensed interior designer" or "licensed designer" means a person licensed pursuant to the Interior Designers Act."
SECTION 2. Section 61-24C-5 NMSA 1978 (being Laws 1989, Chapter 53, Section 5, as amended) is amended to read:
"61-24C-5. POWERS AND DUTIES OF THE [BOARD] DEPARTMENT.--The [board] department:
A. shall administer, coordinate and enforce the provisions of the Interior Designers Act. The [board] department may investigate allegations of violations of the provisions of the Interior Designers Act;
B. shall adopt [regulations] rules to carry out the purposes and policies of the Interior Designers Act, including [regulations] rules relating to professional conduct, standards of [performance and] professional examination and licensure, and reasonable license, application, renewal and late fees [and the establishment of ethical standards of practice for a licensed interior designer in New Mexico];
C. shall require a licensee, as a condition of the renewal of the license, to undergo continuing education requirements [as set forth in] pursuant to the Interior Designers Act;
D. shall maintain an official roster showing the name, address and license number of each interior designer licensed pursuant to the Interior Designers Act;
[E. shall conduct hearings and keep records and minutes necessary to carry out its functions;
F.] E. may adopt a common seal for use by licensed interior designers; and
[G.] F. shall do all other things reasonable and necessary to carry out the [purposes] provisions of the Interior Designers Act."
SECTION 3. Section 61-24C-8 NMSA 1978 (being Laws 1989, Chapter 53, Section 8) is amended to read:
"61-24C-8. REQUIREMENTS FOR LICENSURE.--Each applicant for licensure shall apply to the [board] department. Except as otherwise provided in the Interior Designers Act, each applicant shall take and pass [a nationally standardized examination. The board may adopt substantially all or part of the examination and grading procedures of the national council for interior design qualifications. Prior to examination, the applicant shall provide substantial evidence to the board that the applicant:
A. is a graduate of a five-year interior design program from an accredited institution and has completed at least one year of diversified interior design experiences ;
B. is a graduate of a four-year interior design program from an accredited institution and has completed at least two years of diversified interior design experience;
C. has completed at least three years of an interior design curriculum from an accredited institution and has completed three years of diversified interior design experience;
D. is a graduate of a two-year interior design program from an accredited institution and has completed four years of diversified interior design experience; or
E. has apprenticed under a designer who has passed the national council for interior design qualification examination or a licensed designer for a minimum of eight years] the national council for interior design qualification examination or another nationally recognized examination approved by the department and have an active certification from the national council for interior design qualification or another nationally recognized certification."
SECTION 4. Section 61-24C-9 NMSA 1978 (being Laws 1989, Chapter 53, Section 9) is amended to read:
"61-24C-9. LICENSE WITHOUT EXAMINATION.--[A.] If [any] a person applies for licensure [within one year after the effective date of the Interior Designers Act and that person has successfully completed the national council of interior design qualification examination or has completed at least eight years of full-time, diversified experience in the practice of interior design, that person may be issued a license without examination. Licensure pursuant to this subsection shall be subject to the board's discretionary review of the experience qualification.
B. The board may accept, in lieu of examination, satisfactory evidence of licensure in another state or country where the qualifications are equal to or exceed those required by the provisions of the Interior Designers Act, provided that the applicant holds a current license in the other jurisdiction and has complied with all other requirements of the Interior Designers Act.
C. The board may accept, in lieu of examination, satisfactory evidence of licensure or certification by the national council for interior design qualifications] but does not satisfy the requirements of Section 61-24C-8 NMSA 1978, the department may on a case-by-case basis review and issue a license to an applicant who provides evidence to the department that the applicant:
A. has active licensure in another state or country where the qualifications are equal to or exceed those required by the Interior Designers Act and the applicant complies with all other requirements of the Interior Designers Act; or
B. has apprenticed for at least eight years under a licensed interior designer who passed the national council for interior design qualification examination or another nationally recognized examination approved by the department."
SECTION 5. Section 61-24C-10 NMSA 1978 (being Laws 1989, Chapter 53, Section 10, as amended) is amended to read:
"61-24C-10. LICENSE--ISSUANCE--RENEWAL--DENIAL, SUSPENSION OR REVOCATION.--
A. A license shall be issued to every person who presents satisfactory evidence of possessing the qualifications of education, experience and, as appropriate, the examination performance required by the provisions of the Interior Designers Act; provided that the applicant has reached the age of majority and, except as provided in Section 61-1-34 NMSA 1978, pays the required fees.
B. Each original license shall authorize the holder to use the title of and be known as a licensed interior designer from the date of issuance to the next renewal date unless the license is suspended or revoked.
C. All licenses shall expire [annually] four years after the date of issuance and shall be renewed by submitting a completed renewal application, and except as provided in Section 61-1-34 NMSA 1978, accompanied by the required fees.
D. A license may not be renewed until the licensee submits satisfactory evidence to the [board] department that, [during the last year] since the initial issuance or last renewal if the license has been renewed, the licensee has participated in not less than eight hours of continuing education approved by the [board. The board shall approve only continuing education that builds upon basic knowledge of interior design. The board] department. The department may make exceptions from [the] this continuing education requirement in cases that the licensee provides evidence of an emergency or hardship [cases].
E. The holder of a license that has expired through failure to renew may renew the license [at any time within two years from the date on which the license expired], upon approval of the [board] department.
[F. The board may promulgate policies and procedures providing for the establishment of an inactive status for licensees temporarily not engaged in the practice of interior design.
G.] F. In accordance with the provisions of the Uniform Licensing Act, the [board] department may deny, refuse to renew, suspend or revoke a license or impose probationary conditions when the licensee has:
(1) obtained the license by means of fraud, misrepresentation or concealment of material facts;
(2) committed an act of fraud or deceit in professional conduct [or been convicted of a felony];
(3) made any representation as being a licensed interior designer prior to being issued a license, except as authorized under the provisions of the Interior Designers Act;
(4) been found by the [board] department to have aided or abetted an unlicensed person in violating the provisions of the Interior Designers Act; or
(5) failed to comply with the provisions of the Interior Designers Act or [regulations] rules adopted pursuant to that act."
SECTION 6. Section 61-24C-11 NMSA 1978 (being Laws 1989, Chapter 53, Section 11, as amended) is amended to read:
"61-24C-11. LICENSE REQUIRED--PENALTY.--
A. [After the results of the first examination held pursuant to the Interior Designers Act are announced, no] A person shall not knowingly:
(1) use the name or title of licensed interior designer when the person is not the holder of a current, valid license issued pursuant to the Interior Designers Act;
(2) use or present as the person's own the license of another;
(3) give false or forged evidence to the [board] department or a [board member] department employee for the purpose of obtaining a license;
(4) use or attempt to use an interior design license that has been suspended, revoked or placed on inactive status; or
(5) conceal information relative to violations of the Interior Designers Act.
B. A person who violates a provision of this section [is guilty of a misdemeanor and shall be sentenced under the provisions of the Criminal Sentencing Act to imprisonment in the county jail for a definite term of less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both imprisonment or fine, in the discretion of the judge] shall be penalized pursuant to the provisions of the Uniform Licensing Act; provided that a licensee or applicant shall be afforded notice and an opportunity to be heard before the department has authority to take any action that would result in a penalty or fine, including suspension, revocation, denial or withholding of a license or other corrective action."
SECTION 7. Section 61-24C-16 NMSA 1978 (being Laws 1989, Chapter 53, Section 16, as amended) is amended to read:
"61-24C-16. FUND ESTABLISHED--DISPOSITION--METHOD OF PAYMENT.--
A. There is created the "interior design [board] fund".
B. All [funds received by the board and] money collected under the Interior Designers Act shall be deposited with the state treasurer. The state treasurer shall credit the money to the interior design [board] fund.
C. Payments out of the interior design [board] fund shall be on vouchers issued by the [secretary-treasurer] superintendent of [the board] regulation and licensing upon warrants drawn by the department of finance and administration in accordance with the budget approved by that department.
D. All amounts paid to the interior design [board] fund are subject to appropriation by the legislature and shall be used only for meeting necessary expenses incurred in executing the provisions and duties of the Interior Designers Act and for promoting interior design education and standards in the state. All money unused at the end of any fiscal year shall remain in the interior design [board] fund for use in accordance with the provisions of [that act] the Interior Designers Act."
SECTION 8. TEMPORARY PROVISION--TRANSFER OF APPROPRIATIONS, RECORDS AND CONTRACTS TO THE REGULATION AND LICENSING DEPARTMENT.--On the effective date of this act:
A. all functions, appropriations, money, records and files of the interior design board relating to the Interior Designers Act shall be transferred to the regulation and licensing department;
B. all contractual obligations of the interior design board relating to the Interior Designers Act shall be binding on the regulation and licensing department; and
C. the rules, orders and decisions of the interior design board relating to the Interior Designers Act shall remain in effect until repealed or amended.
SECTION 9. REPEAL.--Sections 61-24C-4, 61-24C-6, 61-24C-7, 61-24C-12 and 61-24C-17 NMSA 1978 (being Laws 1989, Chapter 53, Sections 4, 6, 7 and 12 and Laws 1993, Chapter 83, Section 5, as amended) are repealed.
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