This chapter shall be known and may be cited as the 'Alabama Interior Design Consumer Protection Act.'

The board may refuse to issue or may revoke a certificate of registration and/or authorization as a registered interior designer, suspend a certificate of registration or authorization as a registered interior designer for a period of time, issue a private or public reprimand to an individual possessing a certificate of registration or authorization as a registered interior designer, and assess and collect administrative fines not to exceed two thousand dollars ($2,000) for violations of this chapter. In addition to the foregoing, the board may institute any legal proceedings necessary to enforce this chapter, or any combination of the foregoing, for any of the following conduct:

(1) Fraud, deceit, dishonesty, or misrepresentation, whether knowingly or unknowingly, in the practice of interior design or in obtaining any certificate of registration or authorization as a registered interior designer or other thing of value.

(2) Gross negligence, misconduct, or incompetency in the practice of interior design.

(3) Conviction of a felony until civil rights are restored.

(4) Habitual drunkenness or addiction and abuse, or both, of controlled substances without a doctor's prescription or in violation of the state controlled substances act.

(5) Incompetency, as adjudged by a court having jurisdiction.

(6) Directly or indirectly aiding or abetting in the practice of interior design by a person not duly authorized to practice interior design under this chapter.

(7) Practicing interior design in this state in violation of any standards of professional conduct as may be established by rule of the board.

(8) Practicing interior design in this state or in any other state or country in violation of the laws of that state or country.

(9) Failure to pay any fee or fine assessed by the board.

(10) Failure to comply with any order of the board.

(a) Any time that the board has reason to believe that an individual holding a certificate of registration or authorization as a registered interior designer is subject to discipline, notice of the charges placed against the individual and the time and place of the hearing of such charges by the board shall be served on the accused by those rules prescribed by the Alabama Rules of Civil Procedure, not less than 45 days before the date fixed for the hearing. The notice shall inform the individual that he or she is entitled to respond to the charges within 30 days, be represented by counsel of his or her choosing at the hearing, have witnesses testify in his or her behalf at the hearing, confront and cross-examine witnesses at the hearing, and testify in his or her behalf at the hearing. The board may provide further for any procedure not herein enumerated that is consistent with the Alabama Administrative Procedure Act.

(b) In all cases of disciplinary action taken by the board, the accused may appeal the disciplinary action to the Circuit Court of Montgomery County, Alabama. Either party has the right to appeal from the final decree of the circuit court as provided by law.

(c) The board may commence a civil action in any circuit court having appropriate jurisdiction to enjoin any violation of this chapter. Jurisdiction is conferred upon the circuit courts of this state to hear and determine all such cases. The board may commence and maintain these actions without the filing of a bond or security. An injunction may be issued upon proof that the person is in violation of this chapter, without requiring proof of actual damage sustained by any person. If an injunction is issued, it shall not relieve any person or persons from any appropriate criminal prosecution.

All fees received by the board shall be deposited into a fund known as the Board of Registration for Interior Design Fund in the State Treasury which is hereby established. The fund shall be utilized, in the discretion of the board, to regulate the practice of interior design and to pay the expenses of the board, including the cost of necessary employees, legal expenses, administrative expenses, and other necessary expenses associated with enforcing and administering this chapter. All fees collected prior to August 1, 2001, and collected pursuant to former Chapter 15A of this title are hereby ratified and validated, and transferred to the fund.

(a) An individual holding a certificate of registration shall not be subject to the 2,500 square feet limitation or other limitations contained in subsection (b) of Section 34-2-32. An individual holding a certificate of registration shall be authorized to practice interior design in any building or space within a building consisting of a total area of less than 5,001 square feet, and not intended for assembly occupancy, except schools, churches, auditoriums or other buildings intended for assembly occupancy of people. Provided, nothing shall prevent an interior designer from preparing designs, drawings, and specifications for selection, use, or location of finishes, materials, equipment, furnishings, furniture, fixtures, and personal property; or administering contracts for fabrication, procurement, or installation in connection with finishes, materials, equipment, furnishings, furniture, and personal property. Notwithstanding the provisions of subsection (c) of Section 34-2-32, any and all officials of this state or of any city, town, or county charged with the enforcement of laws, ordinances, or regulations relating to the construction or alteration of buildings are hereby authorized to accept or approve plans or specifications and issue permits on the same, prepared by any individual holding a certificate of registration, provided the plans or specifications are consistent with this subsection.

(b) An individual holding a valid certificate of registration and further authorized as a registered interior designer shall be authorized to practice interior design in any building, regardless of square footage or usage, and shall not be subject to any limitations contained in subsection (b) of Section 34-2-32.

(c) Notwithstanding the provisions of subsection (c) of Section 34-2-32, any and all officials of this state or of any city, town, or county charged with the enforcement of laws, ordinances, or regulations relating to the construction or alteration of buildings are hereby authorized to accept or approve plans or specifications and issue permits on the same, prepared by individuals authorized as registered interior designers, provided such plans or specifications are consistent with subsection (b), and the plans and specifications are within the definition of the practice of interior design under this chapter. An individual authorized as a registered interior designer may submit drawings, plans, or specifications with other licensed professionals if such work is outside the scope of the practice of interior design.

This chapter shall not affect any state or local fire, safety, building, or construction code, including the requirements contained therein; provided, as an exception, state or local building officials may accept a drawing prepared by an individual holding a certificate of registration and/or authorized as a registered interior designer.

Notwithstanding Section 34-2-37, it shall be lawful for individuals holding a certificate of registration pursuant to this chapter to participate as owners with architects and/or professional engineers in partnerships, corporations, professional corporations, professional associations, and other business entity relationships. Such participation may include, where applicable, and without limitation, service as an officer, director, shareholder, voting or nonvoting, and any other participation allowed under the laws of the State of Alabama.

Persons holding a valid certificate of registration or those persons specified in subparagraph 4. of paragraph b. of subdivision (4) of Section 34-15B-3 shall be authorized to specify or select products otherwise subject to building codes, so long as the specifications and selections are consistent with the codes.

It is the intent of the Legislature that the board shall be subject to the Alabama Administrative Procedure Act.

The board shall be subject to the Alabama Sunset Law, as provided in Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2002, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.

The Legislature finds and declares that interior design is a learned profession, involving issues such as indoor pollution, fire safety, space planning, and requirements of special needs citizens. For this is a matter of public interest, safety, protection, and concern that persons practicing interior design merit and receive the confidence of the public and that only qualified persons be permitted to practice interior design in the State of Alabama. This chapter shall be liberally construed to carry out these purposes.

As used in this chapter, the following words and phrases shall have the following meanings:

(1) BOARD. The Alabama State Board of Registration for Interior Design.

(2) CERTIFICATE OF REGISTRATION. The title of the license issued by the board to an individual in order to authorize the individual to engage in the practice of interior design in the State of Alabama.

(3) INTERIOR DESIGNER. A person who is engaged in, or offers to engage in, the practice of interior design in this state, and who has been issued a certificate of registration by the board in compliance with this chapter.

(4) PRACTICE OF INTERIOR DESIGN. a. The performance of, or offering to perform, services for a fee or other compensation, directly or indirectly, to another person, or to a partnership, corporation, or other legal entity, in connection with the design, utilization, furnishing, or fabrication of elements in interior spaces in buildings, homes, and related structures. These services include, but are not limited to, the following: Programming the functional requirements for interior spaces; planning interior spaces; preparing analyses of user needs for interior spaces; preparing designs, drawings, and specifications for selection, use, location, color, and finishes of interior walls, materials, equipment, furnishings, furniture, and personal property; administering contracts for fabrication, procurement, or installation in connection with reflected ceiling plans, space utilization, furnishings, or the fabrication of nonstructural elements within and surrounding interior spaces of buildings.

b. The practice of interior design shall not include any of the following:

1. Design of architectural and engineering interior construction relating to building systems, which includes building structural support, elevators, plumbing, heating, ventilation, air conditioning, fire protection, and mechanical and electrical systems, except for specification of fixtures and lamps and their location within interior spaces.

2. Modification of existing building stairwells and elevator shafts.

3. Modification of existing building construction so as to alter the number of persons for which the means of egress of a building is designed.

4. The performance of services pursuant to selling, selecting, or assisting in selecting personal property or fixtures, such as, but not limited to, furnishings, decorative accessories, furniture, paint, wall coverings, window treatments, floor coverings, surface mounted lighting, or decorative materials, pursuant to a retail sale; installing or coordinating installation as part of the prospective retail sale; or providing computer-aided or other drawings for the purpose of retail sales, provided those drawings are for materials lists. Provided, however, an individual, partnership, or corporation shall not use the title designations set forth in Section 34-15B-8 nor receive a certificate of registration without successful completion of the NCIDQ examination and/or a sealed level examination, as applicable and as approved by the board. Services performed shall be subject to all fire, safety, building, and construction codes.

(5) PRACTICING INTERIOR DESIGN. Performing, or offering or attempting to perform, any service, work, act, or thing, within the scope of the definition of the practice of interior design.

(6) REGISTERED INTERIOR DESIGNER. A person who is engaged in, or offers to engage in, the practice of interior design in this state, who has been issued a certificate of registration by the board in compliance with this chapter, who has been further approved by the board as a registered interior designer, and who has successfully passed a sealed level examination or an equivalent examination approved by the board. A registered interior designer may exercise all titles and authority issued by this chapter to both a registered interior designer and an interior designer. Registered interior designers may submit sealed stamped drawings, which reflect registered interior design status, to building officials in accordance with this chapter so long as the drawings do not include the design of items specifically excluded from the practice of interior design as defined in subdivision 4, unless the drawing utilizes, references, and incorporates documents prepared by architects, engineers, or other related professionals.

(7) SEALED LEVEL EXAMINATION. An examination, regardless of its eventual title, approved by the board, and administered by an entity approved by the board, which includes testing on technical aspects of interior building systems, structural, framing, mechanical, plumbing, and electrical, as they relate to the profession of interior design.

(a) There is hereby created the Alabama State Board of Registration for Interior Design, to be comprised of seven members appointed by the Governor in the manner set forth in this section. All persons serving as members of the Alabama State Board of Registration for Interior Designers pursuant to Section 34-15A-5, on August 1, 2001, shall immediately serve as interim board members of the Alabama State Board of Registration for Interior Design created by this chapter until members of the board are appointed under this section. Within 90 days after August 1, 2001, the Governor shall appoint the initial seven members in the manner set forth below to replace the interim members.

(b) Of the seven members appointed by the Governor within 90 days, two members shall be appointed for initial terms of two years, two members shall be appointed for initial terms of three years, and three members shall be appointed for initial terms of four years. After the initial appointments, all subsequent appointments shall be for terms of four years, except an appointment to fill a vacancy, which shall be for the unexpired term only. No member shall serve more than two consecutive terms of office. All members shall continue to serve until a successor is appointed.

(c) For continuity purposes of the board, one of the seven board members initially appointed by the Governor within 90 days shall have served as an interim board member and member of the predecessor Alabama State Board of Registration for Interior Designers for a period totaling at least two years, but not more than six years. That board member shall be nominated by the statewide nominating committee as detailed below; shall serve an initial term of two years; and shall represent the district of his or her residence, as detailed in subsection (e), on the board. Upon completion of that board member's two-year term, the statewide nominating committee shall submit the names of two persons from that district to the Governor to fill the next four-year term from that district, as provided in subsection (e).

(d) The composition of the board shall be as follows:

(1) Five members of the board shall hold valid certificates of registration pursuant to this chapter, shall be engaged in the full time practice of interior design, and shall be appointed from districts as detailed in subsection (e), with the exception that five of the initial members shall have been registered as interior designers prior to August 1, 2001, pursuant to Chapter 15A of this title.

(2) One member shall be a professional educator, who teaches in a college or university level interior design program; and one member shall be a consumer who does not hold a certificate of registration.

(3) Of the preceding seven members, at least one must be a member of a minority race.

(e) The five members of the board holding valid certificates of registration, and appointed by district, shall be appointed as follows:

(1) Five districts shall be created: Northern; Central; Western; Eastern; and Southern. One person holding a valid certificate of registration shall be appointed from each district.

(2) The Northern District shall be comprised of Lauderdale, Colbert, Lawrence, Limestone, Morgan, Cullman, Marshall, Madison, Jackson, DeKalb, Cherokee, Etowah, Calhoun, and Cleburne Counties.

(3) The Central District shall be comprised of Blount, Jefferson, St. Clair, and Talladega Counties.

(4) The Western District shall be comprised of Marion, Winston, Lamar, Fayette, Franklin, Walker, Pickens, Tuscaloosa, Sumter, Greene, Hale, Bibb, Perry, Dallas, Marengo, Choctaw, Lowndes, Shelby, and Wilcox Counties.

(5) The Eastern District shall be comprised of Randolph, Clay, Chilton, Coosa, Tallapoosa, Chambers, Autauga, Elmore, Lee, Macon, Montgomery, Bullock, Pike, Coffee, Dale, Henry, Barbour, Russell, and Crenshaw Counties.

(6) The Southern District shall be comprised of Butler, Covington, Conecuh, Escambia, Houston, Monroe, Clarke, Washington, Mobile, Geneva, and Baldwin Counties.

(7) Within 30 days from August 1, 2001, the chair of the interim board shall notify in writing every individual registered as an interior designer pursuant to Chapter 15A of this title, and every individual holding a valid certificate of registration under this chapter, who resides in the foregoing districts of the time and place for a district nomination meeting. The purpose of the district nomination meeting shall be for the selection of members to a statewide nominating committee. The district nomination meeting shall be held within 40 days from August 1, 2001.

(8) At the district nomination meetings, the members of each district shall select a chair for their respective districts for the meeting, shall proceed according to Robert's Rules of Order, as most recently revised, and shall select one person to serve on the statewide nominating committee. The person may be selected by a plurality of the vote and he or she shall be registered as an interior designer pursuant to Chapter 15A of this title, or hold a valid certificate of registration under this chapter, and reside in the district.

a. The statewide nominating committee shall be composed of one person from each of the foregoing districts. Each person selected for the statewide nominating committee shall immediately notify the chair to the interim board of his or her selection.

b. Within 10 days after its selection, the statewide nominating committee shall meet at a time and place scheduled by the chair of the interim board and do all of the following:

1. Select a chair for the meeting, and proceed according to Robert's Rules of Order, as most recently revised.

2. Select the names of two persons from each district who hold a valid certificate of registration and reside in the districts and send those names and the name of the initial member detailed in subsection (c) to the chair of the interim board, who shall submit the names to the Governor.

c. The Governor shall then appoint one of the two persons from each of the five districts and the initial board member detailed in subsection (c) so nominated to the board. If no appointment is made within 90 days of August 1, 2001, or within 90 days of the end of a board member's term, the statewide nominating committee shall select a new board member from the names of the two persons that the board submitted to the Governor.

(9) Excluding the interim board, each board member nominated by the statewide nominating committee shall reside in the district from which he or she was appointed.

(10) Initial nominations to the board shall be submitted by the statewide nominating committee to the Governor within 60 days of August 1, 2001. Thereafter, the statewide nominating committee shall submit the names of two persons to the Governor in the foregoing manner no later than 60 days of the expiration of a board member's term, or no later than 60 days of any vacancy on the board.

(11) A statewide nominating committee shall be elected in the foregoing manner every four years for the purpose of filling any vacancies or expired terms which may occur after the initial appointments to the board. The statewide nominating committee shall be convened, by call of the chair of the statewide nominating committee or notice from a majority of the members thereof, as soon as practical whenever a vacancy occurs on the board or at any time within 60 days preceding the expiration of the board member's term. After the initial appointments referenced in subsection (a), all future appointments to the board shall be made in the manner set forth herein. If a vacancy occurs on the statewide nominating committee, the chair of the district where the vacancy has occurred shall schedule a meeting and the members of that district who hold a valid certificate of registration shall select a person holding a valid certificate of registration from that district to fill the vacancy. After a period of one year, only persons holding a valid certificate of registration under this chapter may vote in a district nomination meeting or serve upon the statewide nominating committee.

(f) The educators and consumer members of the board shall be selected by the Governor within 90 days of August 1, 2001, with or without input from the statewide nominating committee; provided, however, neither of the remaining two members of the board may be employed in the fields of construction, architecture, engineering, interior design-interior decorating or any related field, other than teaching in a college or university level interior design program.

(g) The Governor may remove any member of the board for misconduct, incapacity, incompetence, or neglect of duty after the member so charged has been served with a written notice of the same and has been given an opportunity to be heard by the Governor. Absence from any three consecutive meetings of the board, without cause acceptable to the Governor, shall be deemed cause for removal of any member.

(h) Each member of the board shall receive the same per diem, travel, and expense allowance as is paid by law to state employees for the time spent in the performance of his or her duties and in necessary travel.

(i) The board shall hold two or more meetings per year for the purpose of performing its duties pursuant to this chapter. A simple majority of the members of the board shall constitute a quorum at any meeting. A simple majority vote of the members present shall be sufficient to transact the business of the board. At the initial meeting of the board, to be convened by the Governor within 30 days after the initial appointments are made, the board shall elect a chair from among its members. Thereafter, a chair shall be elected at the first meeting of the board held after October 1 of the following year; the previous chair shall continue to serve until a successor is elected. Vacancies in such chair position shall be filled by act of the board.

(j) The chair may appoint a full-time or part-time executive director or administrative assistant to the board, with the consent of the majority of the members of the board. The executive director or administrative assistant shall serve at the pleasure of the board. The executive director or administrative assistant's salary shall be set by the board, and he or she shall be the executive officer to the board, but shall not be a member of the board. The board, by majority vote of its members, may employ additional persons, who shall serve at the pleasure of the board, to assist the board and the executive director or administrative assistant in the keeping of the records and in the performance of its duties, subject to available funding.

The board shall perform the following duties, subject to the other provisions of this chapter:

(1) Administer fully this chapter and any rules, regulations, or guidelines promulgated by the board pursuant to this chapter.

(2) Prescribe, make, adopt, and amend such rules and regulations pursuant to the Alabama Administrative Procedure Act as the board deems necessary to carry out the provisions of this chapter.

(3) Institute and conduct hearings involving charges against individuals issued a certificate of registration or authorized by the board as registered interior designers, as further provided in this chapter.

(4) Issue seals and/or certificates of registration to individuals approved by the board as registered interior designers in accordance with this chapter for which an annual fee, in an amount to be determined by the board, shall be assessed and collected.

(5) Specify the design of official seals to be used by persons authorized as registered interior designers by the board. Each person authorized as a registered interior designer shall purchase from the board such seal with which he or she shall identify all plans, specifications, drawings, reports, or related documents prepared or issued by him or her. The seal shall contain the name of the person authorized as a registered interior designer together with any number or identifying information issued by the board. No individual shall use a seal unless the individual at that time is then authorized as a registered interior designer, including all required renewals thereof.

(6) Institute legal proceedings for violations of this chapter.

(7) Grant, deny, revoke, suspend, or reinstate certificates of registration and/or seals and authorizations issued to registered interior designers in conformity with this chapter.

(8) Keep a record of its proceedings and make an annual report thereon to the Governor and the Legislature.

(9) For the purpose of enforcing this chapter, conduct investigations and hold hearings concerning any matter covered by this chapter at any time or place within the State of Alabama; administer oaths and affirmations, examine witnesses, and receive evidence; and seek legal or equitable relief from the state circuit courts against persons who violate this chapter.

(10) Establish standards and requirements of continuing education as a prerequisite to the renewal of a certificate of registration and, if applicable, the renewal of authorization as a registered interior designer on and after August 1, 2001.

(11) Maintain an official roster showing the name, registration number, and address of all individuals receiving a certificate of registration and/or seal and authorization as a registered interior designer from the board, together with the date, term of the issuance, and the place or places of business where each respective individual is engaged in the practice of interior design, and a record of all renewals, revocations, suspensions, reinstatements, or other actions taken in regard to such persons.

(12) When necessary, require the attendance of witnesses and the production of all necessary papers, books, records, documentary evidence, and materials in any hearing, investigation, or other proceeding before the board, by means of discovery as provided in the Alabama Rules of Civil Procedure.

(13) Employ attorneys, accountants, and other persons as may be necessary to assist the board in carrying out this chapter when there is a need for such services and when funds are available for such services.

(14) Adopt rules providing for individuals who have previously obtained a certificate of registration and/or authorization as a registered interior designer to be classified inactive and to avoid the payment of annual fees so long as these individuals do not engage in the practice of interior design during inactive status.

(15) Issue certificates of registration in accordance with this chapter for which an annual fee, in an amount to be determined by the board, shall be assessed and collected.

(16) Establish procedures for and assess fees for the administration of this chapter, by administrative rules, including, but not limited to, the following items: The application and examination of applicants for certificates of registration; the application and examination of applicants for registered interior designer authorization; late fees; continuing education; and hearings before the board.

(a) Applications for certificates of registration may be submitted only on forms prescribed and furnished by the board. The board shall promptly notify any applicant of the requirements for receipt of a certificate of registration and the schedule of fees established by it for receipt of a completed application.

(b)(1) The board may issue a certificate of registration authorizing an individual to engage in the practice of interior design and use the title of interior designer in the State of Alabama, only if:

a. The applicant is determined by the board to be of good moral character.

b. The applicant has successfully passed the National Council for Interior Design Qualification (NCIDQ) examination, or an equivalent examination, accepted and approved by the board, based on the standards set by the NCIDQ.

c. The applicant is a graduate of a Foundation for Interior Design Education Research (FIDER) accredited interior design program or its equivalent based on content standards set by FIDER.

(2) Each applicant shall have a combined minimum record of passing 48 semester or 60 quarter hours of board approved interior design education and practical experience under the guidance of a person holding a valid certificate of registration, or any individual approved by the board to total a minimum of six years.

(3) The board shall approve the equivalent interior design educational programs based on content standards set by FIDER and standards set by the NCIDQ or subsequent and equal accrediting and testing agencies.

(c) The board shall adopt rules providing for the review and approval of the aforementioned required full-time interior design experience and educational programs. For purposes of this section, full-time experience means at least 35 hours per week; 40 semester hours or 60 quarter hours in an approved collegiate level interior design program are equivalent to two years of education.

(d) Those applicants found qualified by the board shall be granted a certificate of registration which shall bear the registration number, the full name of the applicant, the date and term of issuance, the seal of the board, and the signature of the chair and the Secretary of State. Every certificate of registration shall be maintained in the possession of the individual to whom it is issued and shall be posted in the business office where he or she practices.

(e) Certificates of registration shall expire and become invalid on the 30th day of September following their issuance or renewal, unless renewed in accordance with this chapter. Certificates of registration issued to those who are in the armed forces of the United States shall not expire until the 30th day of September following the individual's discharge or final separation from the armed forces of the United States. Renewal may be accomplished at any time prior to and during the month of September by the payment of an annual fee, as prescribed by the board, through procedures as may be developed by the board.

(f) Notwithstanding the requirements of subsection (b), any individual registered as an interior designer on August 1, 2001, pursuant to Chapter 15A of this title shall be entitled, upon application to the board within a period of one year after August 1, 2001, to receive a certificate of registration under this chapter.

(g) Any individual registered or licensed to practice interior design in any state of the United States, other than the State of Alabama, who has successfully passed the NCIDQ examination or an equivalent examination, accepted and approved by the board, may apply for a certificate of registration which shall be issued if the individual otherwise complies with the requirements imposed on all applicants.

(a) Applications for registered interior designer authorization from the board may be submitted only on forms prescribed and approved by the board. The board shall promptly notify the applicant of the requirements for receipt of registered interior designer status and the schedule of fees established by the board for receipt of a completed application.

(b) The board shall approve individuals as registered interior designers, issue the design of an official seal indicating the same, and authorize the individuals to use the title of registered interior designer only if the applicant is determined by the board to have met each of the following qualifications:

(1) The applicant shall hold a valid certificate of registration prior to the submission of an application for registered interior designer status and the applicant must meet all qualifications required to receive and maintain a valid certificate of registration.

(2) The applicant shall be a graduate of an accredited interior design program of four years or more at a college or university approved by the board based on standards established by the NCIDQ and FIDER criteria or their equivalent.

(3) The applicant has successfully passed the sealed level examination.

(c)(1) One hundred eighty days after August 1, 2001, an examination committee shall be named and established as provided herein to develop the sealed level examination to be given to persons seeking authorization as a registered interior designer. The examination committee shall be composed of the following persons: Three members shall be appointed by the board; three members shall be appointed by the Alabama State Board of Registration for Architects; two members shall be registered professional engineers, one of whom shall be appointed by the board and one of whom shall be appointed by the Alabama State Board of Registration for Architects; one member shall be a code official appointed by the Code Officials Association of Alabama; and one member shall be a representative from NCIDQ who shall be a nonvoting ex officio member and who shall act in an advisory capacity to norm the examination and be an observer only to the content and selection of test questions. In addition, there shall be another nonvoting ex officio member, the Chair of the Senate Committee on Rules, who shall also be the initial chair of the committee and shall serve as a nonvoting moderator. After the initial chair no longer serves as Chair of the Senate Committee on Rules, the chair shall be selected by a majority vote of the Alabama Senate from its membership. Such selection shall be made quadrennially.

(2) Once members of the examination committee are initially appointed, they shall serve at the pleasure of the appointing authority. Any member of the examination committee who is replaced shall be replaced by a person from the same profession or category, and shall be selected as designated above and submitted by the relevant entity. The examination committee shall adjourn after the board accepts a final version of the sealed level examination, but the committee may be recalled by the board from time to time as the board may require. The examination shall be updated, at a minimum, every three years to be applicable to current codes and practices.

(3) The members of the examination committee shall be notified by the chair of the committee of a meeting of the examination committee to be held within 210 days of August 1, 2001. The presence of a simple majority of the appointees to the examination committee shall constitute a quorum to conduct business. The chair shall moderate all meetings of the examination committee and shall establish the dates for meetings. The committee shall proceed according to Robert's Rules of Order, as most recently revised.

(d) To develop the sealed level examination, the examination committee shall work with: (1) the NCIDQ and its nationally recognized testing service which specializes or has experience in certification and licensure examinations in the interior design profession; or (2) any other board approved entity with experience in administration of examinations in the interior design profession, and any other board approved, nationally recognized testing service which specializes or has experience in certification and licensure examinations in the interior design profession. The examination committee shall submit to the board a preliminary report on their activities within 30 days after their first meeting, and shall submit a final version of the sealed level examination, and other information as may be requested by the board, within time frames as may be mandated by the board. The board shall accept the final version of the sealed level examination presented by the examination committee after the final version of the sealed level examination is validated by the NCIDQ or the other board approved entity with experience in administration of examinations in the interior design profession. No sealed level examination may be given to applicants for registered interior designer authorization unless the examination is approved by the board. In the event that no examination receives a majority vote of the examination committee, a report stating that fact as well as a full explanation of the areas of disagreement shall be submitted by the committee to mediation to assist in reconciling all points of disagreement among the examination committee members. A mediator shall be chosen from a list of names on the mediator's list of the Alabama State Bar Association in the following manner: (1) The architect members of the committee shall select one mediator; (2) the interior design members of the committee shall select one mediator; the final one mediator, who shall perform the mediation, shall be selected by such two mediators chosen pursuant to subdivision (1) and subdivision (2) herein. Upon reconciliation of the areas of disagreement, the examination shall be affirmed by the committee and submitted to the board.

(e) Those applicants found qualified by the board for registered interior design status shall be granted the design of a seal and official authorization containing the full name of the applicant, the date and term of issuance, the seal of the board, and the signature of the chair of the board. Every seal and authorization issued by the board shall be maintained in the possession of the individual to whom it is issued and the authorization shall be posted in the business office where he or she practices.

(f) Seals and authorizations for registered interior design status shall expire and become invalid on the 30th day of September following their issuance or renewal, unless renewed in accordance with this chapter. Seals and authorizations for registered interior design status issued to an individual who is in the armed forces of the United States shall not expire until the 30th day of September following the individual's discharge from the armed forces of the United States. Renewal may be accomplished at any time prior to and during the month of September by the payment of an annual fee, as prescribed by the board, through procedures as may be developed by the board.

(g) Any individual registered or licensed to practice interior design in any state of the United States, other than the State of Alabama, who has successfully passed the sealed level examination or equivalent examination, accepted and approved by the board, may apply for registered interior designer status which shall be issued if the individual otherwise complies with the requirements imposed on all applicants for registered interior design status.

(a) Any individual, including, but not limited to, persons claiming an exemption pursuant to Section 34-15B-9, who, without possessing a valid certificate of registration as provided in this chapter, uses the title or term 'interior designer' or 'interior design,' or who, within the context of the practice regulated by this chapter uses the phrase 'Interior Designer,' 'Interior Design Consultant,' or 'Interior Design Services' in any sign, card, listing, advertising, business name, stationery, or in any other manner implies or indicates that he or she is an interior designer shall be guilty of a Class A misdemeanor.

(b) Any individual, including, but not limited to, persons claiming an exemption pursuant to Section 34-15B-9, who, without possessing a valid certificate of registration as provided in this chapter and without further specific approval by the board as a registered interior designer, uses the title or term 'registered interior designer' or 'registered interior design,' or who, within the context of the practice regulated by this chapter uses the phrase 'registered interior designer,' 'registered interior design consultant,' or 'registered interior design services' in any sign, card, listing, advertising, business name, stationery, or in any other manner implies or indicates that he or she is a registered interior designer shall be guilty of a Class A misdemeanor.

(c) Any individual who, without possessing a valid certificate of registration as provided in this chapter, engages in the practice of interior design shall be guilty of a Class A misdemeanor.

(d) This section shall become effective January 1, 2002, the intent of the Legislature being that individuals shall have a reasonable period in which to comply with the provisions of this chapter.

(a) The following persons are exempt from this chapter, but remain subject to the title restrictions contained in subsection (a) and subsection (b) of Section 34-15B-8.

(1) An individual practicing interior design under the supervision of a person having a valid certificate of registration.

(2) An architect licensed to practice in the State of Alabama may practice interior design; however, the architect may not use the title designations set forth in Section 34-15B-8 without successful completion of the NCIDQ examination and/or the sealed level examination approved by the board, as applicable.

(3) Licensed home builders and their employees whose activities are limited to the licensed builders' houses and projects and licensed general contractors and their employees whose activities are limited to the licensed general contractors' projects.

(4) Any person with a combination of the following education and full-time experience in the field of interior design on August 1, 2001:

For purposes of this subdivision, education means the successful completion of a minimum of 48 semester hours or 60 quarter hours in an approved collegiate level interior design program, plus documented full-time interior design experience approved by the board, totaling 10 years of combined education and full-time interior design experience. For purposes of this paragraph, 'and full-time experience' means at least 35 hours per week; 40 semester hours in a collegiate level interior design program are equivalent to two years of education; and, 60 quarter hours in a collegiate level interior design program are equivalent to two years of education. To be entitled to any exemption under this subdivision an individual must document his or her experience and education on forms approved by the board and must register with the board within six months following August 1, 2001. Provided, the exemption shall terminate unless the individual claiming the exemption passes, prior to June 1, 2002, a code examination provided by the NCIDQ.

(5) Any person with 25 years of documented full-time experience, approved by the board, in the field of interior design on August 1, 2001. To be entitled to the exemption, an individual must document his or her experience on forms approved by the board and register with the board within six months following August 1, 2001.

(6) Any person making a plan or specification for, or administering the erection, enlargement, or alteration of any building upon any farm for the use of any farmer or for any building to be occupied and utilized by a healthcare facility as that term is defined in Section 22-21-260.

(7) Any person certified on August 1, 2001 by the National Kitchen and Bath Association, as a kitchen designer or bath designer, or both, whose activities involve the planning and execution of the design of complete residential kitchens or baths. The person shall not use the title designations set forth in subsection (a) or subsection (b) of Section 34-15B-8. Provided, the exemption shall terminate unless the individual claiming the exemption passes a code examination provided by NCIDQ prior to June 1, 2002, and documents to the board his or her National Kitchen and Bath Association certification within six months following August 1, 2001.

(8) Any person or legal entity purchasing products for its own use.

(b) Any person entitled to an exemption from this chapter shall remain subject to all other applicable provisions of Alabama law, including, but not limited to subsection (b) of Section 34-2-32.

(c) Nothing in this chapter shall prevent licensed professional engineers, or the employees or subordinates under their supervision or control, from performing interior design services which are incidental to the practice of engineering.