State Results of Interior Design Licensing Attempts

GOVERNMENT REPORTS, STATEMENTS, AND TESTIMONY ON INTERIOR DESIGN
SUNRISE/SUNSET REVIEW
Sunrise and sunset are 2 terms that are frequently used in association with the review of regulatory measures. Sunrise reviews are conducted prior to the actual introduction of a regulatory proposal. The basic purpose of a sunrise review is to decide whether a new regulatory measure is needed or if there are adequate laws already in place to protect the health, safety, and welfare of the public. States that conduct sunr ise reviews require the process to occur for any occupation or profession that is seeking regulation to submit to the review process prior to the introduction of legislation.

Sunset review, on the other hand, is a process that reviews the continued need for existing regulatory statutes. In states that require sunset language in statutes, a specific year is named in which the review must occur. Most states require that specific legislative action must be taken otherwise regulation of the occupation or profe ssion is eliminated and the certification or licensure program is phased out. Criteria are usually based on public health, safety, and welfare concerns.

SUNRISE REVIEWS OF INTERIOR DESIGN REGULATORY REQUESTS

1. October 2000, Colorado Department of Regulatory Agencies (DORA) “Interior Design >2000 Sunrise Review”
   
   · The report was issued after completing an exhaustive year- long review of the issue of interior design regulation. The DORA report’s primary finding is that there is a lack of evidence that the unregulated practice of interior design “clearly harms or endangers the health, safety and welfare of the public.” Furthermore, the report states that “the lack of need to regulate interior designers in Colorado is supported by contact with other states that ha ve chosen to regulate in this area … the available evidence establishes that regulation in other states is questionable as to its need.” A copy of the full report is available from AIA Government Affairs upon request.
   
   
2. December 1991, South Carolina Sunrise Subcommittee Report “Review of Occupational Registration and Licensing for Interior designers”
   
   · The report recommended that the General Assembly enact no regulation of interior designers. In explaining the rationale behind the recommendation, the report states that “the unregulated practice of interior designers does not present a clear and recognizable danger to the public health, safety, or welfare.” A copy of the full report is available from AIA Government Affairs upon request.
   
   
3. December 1989, Georgia State Occupational Regulation Review Council “Review of Senate Bill 305 Which Proposes to License Interior designers in Georgia”
   
   · Report found that “The unregulated practice of interior design does not pose a recognizable threat to the health, safety, and welfare of the general public. The applicant group could not cite any instances in which death or serious injury has occurred involving the general public.” A copy of the full report is available from AIA Government Affairs upon request.
   
   
4. October 1987, Department of Commerce Memorandum: “Subcommittee Report on the Regulation of Interior Designers”
   
   · Concluded that “there are no documented cases of harm to the public health, safety, or welfare which can support the need for regulating the interior design profession.” A copy of the memorandum is available from AIA Government Affairs upon request.
   
   

SUNSET REVIEWS OF EXISTING INTERIOR DESIGN REGULATORY PROGRAMS

1. October 2002, Maryland Department of Legislative Services “Evaluation of the State Board of Interior Designers”
   
   · Recommended sunset and concluded “The current title act benefits individuals who are certified interior designers under State law but does not provide substantial benefit to the public.” A copy of the full report is available from AIA Government Affairs upon request.
   
   
2. January 1996, Florida Department of Business and Professional Regulation “Program Review, Analysis, and Recommendations”
   
   · Issued a report after conducting a comprehensive review of all state regulated professions. The report recommended sunsetting 9 existing regulatory programs, including interior design. The report stated that “The department will concentrate on regulation that is necessary to ensure the health, safety, and welfare of the public. Therefore, certain professions and businesses that are not a danger to the public will be deregulated to enable the department to focus resources on vital state concerns.”
   
   
3. February 1996, California Joint Sunset Review Committee “Review and Evaluation of the Interior design Certification Program”
   
   · Recommended the sunset of California’s private interior design certification program. In making the recommendation they stated that “there is no evidence that the unregulated practice of interior design would endanger the health, safety or welfare of the public and cause significant public harm”. In the same report they stated “in all these areas there was no evidence presented that there has ever been any danger to the public by persons acting as certified or non-certified interior designers.” A copy of the full report is available from AIA Government Affairs upon request.
   

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Last Updated November 28, 2005