S T A T E O F N E W Y O R K
________________________________________________________________________
6783--A
I N S E N A T E
February 22, 2016
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to continuing education
requirements for certified interior designer certification
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 8305-a
to read as follows:
S 8305-A. MANDATORY CONTINUING EDUCATION FOR CERTIFIED INTERIOR
DESIGNERS. 1. (A) EACH CERTIFIED INTERIOR DESIGNER REQUIRED UNDER THIS
ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE
STATE SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTINUING
EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION
EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION.
CERTIFIED INTERIOR DESIGNERS WHO DO NOT SATISFY THE MANDATORY CONTINUING
EDUCATION REQUIREMENTS SHALL NOT USE THE TITLE CERTIFIED INTERIOR
DESIGNER UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND HAVE BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A CERTIFIED INTERIOR DESIGNER MAY
PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A
CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF
THIS SECTION.
(B) IN ACCORD WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE
MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPART-
MENT FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE HEALTH CARE
PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT
WHICH MAY PREVENT COMPLIANCE.
(C) A CERTIFIED INTERIOR DESIGNER NOT ENGAGED IN PRACTICE AS DETER-
MINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
DECLARING SUCH STATUS. ANY CERTIFICATE HOLDER WISHING TO USE THE TITLE
CERTIFIED INTERIOR DESIGNER WHO RETURNS TO THE PRACTICE OF INTERIOR
DESIGN DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPART-
MENT PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13457-02-6
S. 6783--A 2
EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER.
(D) CERTIFIED INTERIOR DESIGNERS SHALL BE EXEMPT FROM THE MANDATORY
CONTINUING EDUCATION REQUIRED BY THIS SECTION FOR THE TRIENNIAL REGIS-
TRATION PERIOD DURING WHICH THEY ARE FIRST REGISTERED.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE A MINIMUM OF TWENTY HOURS OF ACCEPTABLE CONTINU-
ING EDUCATION, AS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION,
PROVIDED, HOWEVER, THAT A MINIMUM OF SIXTEEN HOURS OF SUCH CONTINUING
EDUCATION SHALL CONSIST OF COURSES IN THE STATE BUILDING CODE AND FIRE
SAFETY CODE AND RELATED SUBJECTS. ANY INTERIOR DESIGNER WHOSE FIRST
REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS
LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY
FIRST, TWO THOUSAND SEVENTEEN, SHALL COMPLETE CONTINUING EDUCATION HOURS
ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE PERIOD
BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN UP TO THE FIRST REGISTRA-
TION DATE THEREAFTER. A CERTIFICATE HOLDER WHO HAS NOT SATISFIED THE
MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIEN-
NIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT USE THE
TITLE CERTIFIED INTERIOR DESIGNER UNLESS AND UNTIL A CONDITIONAL REGIS-
TRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF
THIS SECTION. WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS TAKEN
DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE
OF THIS SECTION, CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A CERTIFICATE HOLDER WHO FAILS TO MEET THE CONTINUING EDUCA-
TION REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY
CERTIFICATE HOLDER WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
CONTINUING EDUCATION AND WHO USES THE TITLE CERTIFIED INTERIOR DESIGNER
WITHOUT SUCH REGISTRATION, SHALL BE SUBJECT TO DISCIPLINARY PROCEEDINGS
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE CONTINUING
EDUCATION" SHALL MEAN COURSES OF LEARNING AND OTHER ACTIVITIES WHICH
CONTRIBUTE TO THE PROFESSION OR PRACTICE OF INTERIOR DESIGN AND WHICH
MEET THE REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT MAY, IN ITS
DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE
PUBLIC, REQUIRE THE COMPLETION OF CONTINUING EDUCATION COURSES IN
SPECIFIC SUBJECTS. SUCH COURSES OF LEARNING MUST BE TAKEN FROM A SPONSOR
APPROVED BY THE DEPARTMENT, PURSUANT TO REGULATIONS OF THE COMMISSIONER.
5. CERTIFIED INTERIOR DESIGNERS SHALL MAINTAIN ADEQUATE DOCUMENTATION
OF COMPLETION OF ACCEPTABLE CONTINUING EDUCATION AND SHALL PROVIDE SUCH
DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE THIRTY DOLLARS AND
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION EIGHTY-THREE
HUNDRED FIVE OF THIS ARTICLE.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.