S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2232
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 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:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08158-01-9

 S. 2232                             2
 
 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
 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  TWENTY-ONE,  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  TWENTY  UP  TO  THE  FIRST
 REGISTRATION DATE THEREAFTER. A CERTIFICATE HOLDER WHO HAS NOT SATISFIED
 THE  MANDATORY  CONTINUING  EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A
 TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL  NOT  USE
 THE  TITLE  CERTIFIED  INTERIOR  DESIGNER UNLESS AND UNTIL A CONDITIONAL
 REGISTRATION 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

 S. 2232                             3
 
 FEE REQUIRED BY PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION EIGHTY-THREE
 HUNDRED FIVE OF THIS ARTICLE.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.