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AN ACT

RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSES; CHANGING

INTERIOR DESIGN BOARD MEMBER REQUIREMENTS; PROVIDING FOR THE

LICENSURE OF INTERIOR DESIGNERS; AMENDING CERTAIN SECTIONS OF

THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 61-24C-2 NMSA 1978 (being Laws 1989,

Chapter 53, Section 2) is amended to read:

"61-24C-2. FINDINGS.--The legislature finds that it

will benefit and protect the citizens of the state to require

the licensing of interior designers and prohibit the use of

the designation licensed "interior designer" by unlicensed

persons."

Section 2. Section 61-24C-3 NMSA 1978 (being Laws 1989,

Chapter 53, Section 3) is amended to read:

"61-24C-3. DEFINITIONS.--As used in the Interior

Designers Act:

A. "board" means the interior design board;

B. "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

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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. "licensed interior designer" or "licensed

designer" means a person licensed pursuant to the Interior

Designers Act."

Section 3. Section 61-24C-4 NMSA 1978 (being Laws 1989,

Chapter 53, Section 4, as amended) is amended to read:

"61-24C-4. INTERIOR DESIGN BOARD CREATED--MEMBERS--

TERMS--COMPENSATION.--

A. There is created the "interior design board".

The board shall be administratively attached to the

regulation and licensing department. The board shall consist

of five members appointed by the governor for staggered terms

of three years, appointed in a manner that the term of one

member shall expire on December 31, 1990; the terms of two

members shall expire on December 31, 1991; and the terms of

the last two members shall expire on December 31, 1992.

Thereafter, members shall be appointed for terms of three

years or less in a manner that the terms of not more than two

members expire on December 31 of each year. A vacancy shall

be filled by appointment by the governor for the unexpired

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term. A board member shall not serve consecutive terms.

B. All members of the board shall be residents of

New Mexico. No more than two members shall be appointed from

the same congressional district. Three members of the board

shall be licensed interior designers and two members shall be

chosen to represent the public and shall not have been

licensed as interior designers or have a significant

financial interest, direct or indirect, in the occupation

regulated. For purposes of this section, the interior

designer members of the initial board shall have offered

interior design services for at least five years, shall have

passed the national council for interior design qualification

examination and shall have become registered by November 1,

1989.

C. Three members of the board shall constitute a

quorum for the transaction of business, but no final action

shall be taken unless at least three members vote in favor of

a proposal."

Section 4. 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.--The board:

A. shall administer, coordinate and enforce the

provisions of the Interior Designers Act. The board may

investigate allegations of violations of the provisions of

the Interior Designers Act;

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B. shall adopt regulations to carry out the

purposes and policies of the Interior Designers Act,

including regulations relating to professional conduct,

standards of performance and professional examination and

licensure, 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 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. may adopt a common seal for use by licensed

interior designers; and

G. shall do all things reasonable and necessary to

carry out the purposes of the Interior Designers Act."

Section 5. Section 61-24C-10 NMSA 1978 (being Laws

1989, Chapter 53, Section 10) 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

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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 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 and shall be

renewed by submitting a completed renewal application,

accompanied by the required fees.

D. A license may not be renewed until the licensee

submits satisfactory evidence to the board that, during the

last year, 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 may make

exceptions from the continuing education requirement in

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.

F. The board may promulgate policies and

procedures providing for the establishment of an inactive

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status for licensees temporarily not engaged in the practice

of interior design.

G. In accordance with the provisions of the

Uniform Licensing Act, the board 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 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 adopted pursuant to

that act."

Section 6. Section 61-24C-11 NMSA 1978 (being Laws

1989, Chapter 53, Section 11) 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

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person shall 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 or a board member 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."

Section 7. Section 61-24C-12 NMSA 1978 (being Laws

1989, Chapter 53, Section 12) is amended to read:

"61-24C-12. PENALTIES LEVIED BY THE BOARD.--Upon a

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finding by the board of a violation of the provisions of the

Interior Designers Act, the board may:

A. refuse to approve an application for licensure;

B. refuse to renew an existing license;

C. revoke or suspend a license;

D. impose an administrative fine;

E. issue a reprimand;

F. assess the costs of disciplinary proceedings,

as provided in the Uniform Licensing Act; or

G. invoke any combination of the above listed

penalties."

Section 8. Section 61-24C-13 NMSA 1978 (being Laws

1989, Chapter 53, Section 13) is amended to read:

"61-24C-13. EXEMPTIONS.--

A. Nothing in the Interior Designers Act shall be

construed as preventing or restricting the practice, services

or activities of:

(1) engineers licensed pursuant to the

Engineering and Surveying Practice Act;

(2) architects licensed pursuant to the

Architectural Act;

(3) contractors licensed pursuant to the

Construction Industries Licensing Act;

(4) any interior decorator or individual

offering interior decorating services, including but not

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limited to selection of surface materials, window treatments,

wall coverings, paint, floor coverings and lighting fixtures;

and

(5) builders, home furnishings salespersons

and similar purveyors of goods and services relating to

homemaking.

B. Nothing contained in the Interior Designers Act

shall prevent any person from rendering or offering to render

any of the services that constitute the practice of interior

design, provided that such person shall not be permitted to

use or be identified by the title "licensed interior

designer" unless licensed in accordance with the provisions

of that act or as otherwise provided by law.

C. Nothing in the Interior Designers Act shall be

construed to permit a licensed interior designer to engage in

the practice of engineering as defined in the Engineering and

Surveying Practice Act."

Section 9. Section 61-24C-15 NMSA 1978 (being Laws

1989, Chapter 53, Section 15) is amended to read:

"61-24C-15. DISCLOSURE REQUIREMENTS.--

A. Interior design documents prepared by a

licensed interior designer shall contain a statement that the

document is not an architectural or engineering study,

drawing, specification or design and is not to be used as the

basis for construction of any load-bearing framing, wall or

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structure construction.

B. Before entering into a contract, a licensed

interior designer shall clearly determine the scope and

nature of the project and the methods of compensation. The

licensed interior designer may offer professional services to

the client as a consultant, specifier or supplier on the

basis of a fee, percentage or mark-up. The licensed interior

designer shall have the responsibility of fully disclosing to

the client the manner in which all compensation is to be

paid.

C. A licensed interior designer shall not accept

any form of compensation from a supplier of goods and

services in cash or in kind, unless the licensed interior

designer first informs the client of the compensation."

Section 10. Section 61-24C-16 NMSA 1978 (being Laws

1989, Chapter 53, Section 16) 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

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shall be on vouchers issued by the secretary-treasurer of the

board 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."