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AB-2482 Registered interior designers.(2011-2012)

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AB2482:v98#DOCUMENT

Amended  IN  Assembly  April 10, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2482

Introduced  by  Assembly Member Ma

February 24, 2012

An act to add Chapter 3.7 (commencing with Section 5700) to Division 3 of the Business and Professions Code, to amend Section 13401 of the Corporations Code, and to amend Section 26509 of the Government Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 2482, as amended, Ma. Registered interior designers.
Existing law defines certified interior designers and interior design organizations, permits a certified interior designer to obtain and use a stamp identifying the designer, and, among other things, makes it an unfair business practice for a person to represent himself or herself as a certified interior designer unless he or she complies with certain requirements.
This bill would create the California Registered Interior Designers Board within the Department of Consumer Affairs. The bill would require the membership of the board to consist of an unspecified number of members who are required to be registered interior designers and an unspecified number of public members. The bill would require the Governor to appoint the public members and the Senate Committee on Rules and the Speaker of the Assembly to appoint unspecified numbers of the licensee members. The bill would provide for the licensure and regulation by the board of persons who engage in the practice of registered interior design, as defined. The bill would require the board to issue a license to a person who meets specified requirements, including, but not limited to, completing an application, paying a specified fee, submitting proof of successful completion of certain education and work experience, and submitting proof of passage of an examination approved by the board or a specified examination prepared and administered by the National Council for Interior Design. The bill would also require the board to issue a license to, among others, specified certified interior designers or persons with certain interior design experience if they are certified by the National Council for Interior Design or have passed an examination approved by the board or a specified examination administered by the National Council for Interior Design. The bill would enact various provisions regarding the practice of registered interior design, including, but not limited to, practice requirements, license requirements, conditions for license renewals including the completion of continuing education, and grounds for revocation or suspension of a license, among other disciplinary actions.
The bill would authorize licensees, architects, landscape architects, and engineers to join or form business organizations or associations, except as specified, with persons outside their field of practice if certain requirements are met. The bill would authorize a licensee, if required by a local government in relation to the issuance of a permit, to prepare and seal interior design documents to be submitted for certain building permits.
The bill would create the California Registered Interior Designers Board Fund and would authorize the committee to impose various fees on registered interior designers to be deposited in that fund.
The bill would make it unlawful for a person to hold himself or herself out as, or solicit business as, a registered interior designer or use the title “registered interior designer” unless licensed pursuant to these provisions. The bill would also prohibit a person from engaging in the practice of registered interior design without a license. The bill would make a violation of any of these provisions a misdemeanor and, by creating a new crime, would impose a state-mandated local program. The bill would enact related provisions, and would declare the intent of the Legislature in this regard.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature to update the law pertaining to the interior design profession by recognizing that the profession has evolved to incorporate more areas of practice. Specifically, it is the intent of the Legislature to permit an additional career path for those who practice in the area of nonseismic, nonstructural, but code-affecting plan development by providing the opportunity for licensure for those who so choose. It is not the intent of the Legislature to affect the existing practice of interior design in any way.

SECTION 1.SEC. 2.

 Chapter 3.7 (commencing with Section 5700) is added to Division 3 of the Business and Professions Code, to read:
CHAPTER  3.7. Registered Interior Designers
Article  1. General Provisions

5700.
 The purpose of this chapter is to safeguard life, health, and property, to promote the public welfare by improving the quality of human environmental design, and to establish the practice of registered interior design for persons who hold design education and experience and successfully pass an interior design examination, as provided in this chapter.

5702.
 For purposes of this chapter, the following terms shall have the following meanings:
(a) “Board” means the California Registered Interior Designers Board.
(b) “Building shell” means the architecture of an existing building, including, but not limited to, the framework, the perimeter and exterior walls, the building core and columns, and other structural, load-bearing elements.
(c) “Construction documents” means the detailed working drawings that define the work to be constructed. These documents may include, but are not limited to, partition plans, power and communication plans, reflected ceiling plans, materials and finishes plans, furniture layout plans, and elevations, sections, and details, along with the drawings of associated consultants.
(d) “Contract documents” means the set of documents that form a part of the legal contract for services between two or more parties. These documents may include, but are not limited to, detailed instructions to the contractor, tender forms, construction documents, and specifications.
(e) “Interior design” means a multifaceted profession in which creative and technical solutions are applied within a structure to achieve a built interior environment. These solutions are functional and enhance the quality of life and culture of the occupants. Interior design includes, but is not limited to, both of the following:
(1) The creation of designs, in response to and in coordination with the building shell, that acknowledge the physical location and social context of a project, adhere to code and regulatory requirements, and encourage the principles of environmental sustainability.
(2) The use of a systematic and coordinated methodology, including research, analysis, and integration of knowledge into the creative process, to satisfy the needs of a client, using the resources of the client, in order to produce an interior space that fulfills a project’s goals.
(3) The rendering of services to enhance the quality and function of an interior area within a structure designed for human habitation or occupancy, including, but not limited to, all of the following:
(A) An analysis of a client’s needs and goals for the interior area and an analysis of the safety requirements applicable to that area.
(B) The formulation of appropriate, functional, and safe preliminary designs, including space planning, for the interior area.
(C) The development and presentation of final designs, including, but not limited to, drawings affecting nonstructural or nonseismic elements or components, that are appropriate for the alteration or construction of the interior area.
(D) The preparation of contract documents for the alteration or construction of the interior area, including, but not limited to, specifications for partitions, materials, finishes, furniture, fixtures, and equipment.
(E) Collaboration with architects licensed pursuant to Chapter 3 (commencing with Section 5500) or professional engineers registered pursuant to Chapter 7 for the alteration or construction of the interior area.
(F) The preparation and administration of bids or contract documents for the alteration or construction of the interior area as the agent of a client.
(G) The review and evaluation of problems relating to the design of the interior area during the alteration or construction of the area and upon completion of that alteration or construction.
(f) “Licensee” means a person licensed pursuant to the provisions of this chapter.
(g) “Nonstructural or nonseismic elements or components” means interior elements or components that are not load bearing, or do not assist in the seismic design, and do not require design computations for a building’s structure. These elements or components include, but are not limited to, ceiling and partition systems and elements or components that employ normal and typical bracing conventions but are not part of the structural integrity of the building. These elements or components exclude the structural frame supporting a building.
(h) “Partition” means a wall that does not support a vertical load of a structure other than its own weight, but may support loads attached to it, such as cabinetry, shelving, or grab bars, and does not extend further than the distance from the floor of an interior area of a structure designed for human habitation or occupancy to the underside of the deck of that structure.
(i) “Reflected ceiling plan” means a ceiling design that illustrates a ceiling as if the ceiling was projected downward, and may include, but is not limited to, lighting and other elements.
(j) “Responsible supervisory control” means the direct responsibility for supervising work and the decisionmaking process, including the review, control, and enforcement of compliance with design criteria and life safety requirements.
(k) “Space planning” means the analysis and design of spatial and occupancy requirements, including, but not limited to, preliminary space layouts and final planning for nonload-bearing walls, partitions, panels, and furnishings.
(l) “Specifications” means the detailed written description of construction, workmanship, and materials of the work to be undertaken.

5704.
 The “practice of registered interior design” means the rendering of services to enhance the quality and function of an interior area within a structure designed for human habitation or occupancy, and includes, but is not limited to, all of the following: by a licensee and use by a licensee of a “Registered Interior Designer” stamp, as provided for in this chapter.

(a)An analysis of a client’s needs and goals for the interior area and an analysis of the safety requirements applicable to that area.

(b)The formulation of appropriate, functional, and safe preliminary designs, including space planning, for the interior area.

(c)The development and presentation of final designs, including, but not limited to, drawings affecting nonstructural or nonseismic elements or components, that are appropriate for the alteration or construction of the interior area.

(d)The preparation of contract documents for the alteration or construction of the interior area, including, but not limited to, specifications for partitions, materials, finishes, furniture, fixtures, and equipment.

(e)Collaboration with professional engineers registered pursuant to Chapter 7 (commencing with Section 6700) or architects licensed pursuant to Chapter 3 (commencing with Section 5500) for the alteration or construction of the interior area.

(f)The preparation and administration of bids or contract documents for the alteration or construction of the interior area as the agent of a client.

(g)The review and evaluation of problems relating to the design of the interior area during the alteration or construction of the area and upon completion of that alteration or construction.

5706.
 There is in the Department of Consumer Affairs a California Registered Interior Designers Board in which the administration and enforcement of this chapter is vested.

5708.
 The board shall license and regulate the practice of registered interior design in the interest and for the protection of the public health, safety, and welfare. The board shall establish a fair and uniform enforcement policy to deter and prosecute violations of this chapter or any rules and regulations adopted pursuant to this chapter that provide for the protection of the consumer.

5710.
 Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

5712.
 (a) The membership of the board shall be composed of ____ members, ____ of whom shall be registered interior designers licensed pursuant to this chapter and ____ members who shall be public members.
(b) The licensee members of the board shall be selected from registered interior designers in good standing who have been licensed and in practice in this state for at least ____ years at the time of appointment, and all of whom shall be residents and in practice in California.
(c) The Governor shall appoint the ____ public members. The Senate Committee on Rules shall appoint ____ licensee members and the Speaker of the Assembly shall appoint ____ licensee members.
(d) The public members of the board shall not be licensees.
(e) The board shall elect a president and secretary from its membership.

5714.
 (a) The board shall register as a member board with the National Council for Interior Design Qualification.
(b) The board shall appoint a delegate to become a member of the Council of Delegates of the National Council for Interior Design Qualification.

Article  2. Licensure

5720.
 The board shall issue a license to a person who meets all of the following requirements:
(a) Has not committed any of the acts described in Section 5750.
(b) Completes an application for a license on a form prescribed by the board.
(c) Pays the licensure fee prescribed by the board pursuant to Section 5770.
(d) Submits proof satisfactory to the board of successful completion of one of the following:
(1) A bachelor’s degree program in interior design and 3,520 hours of interior design experience under the supervision of a registered interior designer or other experience approved by the board, including 1,760 hours earned after the degree program is completed.
(2) A bachelor’s degree program in any major with no fewer than 60 semester or 90 quarter hours of interior design coursework that culminates in a degree, and with 3,520 hours of interior design experience under the supervision of a registered interior designer or experience approved by the board, including 1,760 hours earned after the degree program and coursework are completed.
(3) No fewer than 60 semester or 90 quarter hours of interior design coursework that culminates in a degree or diploma and 5,280 hours of interior design experience earned after that coursework is completed under the supervision of a registered interior designer or experience acceptable to the board.
(4) No fewer than 40 semester or 60 quarter hours of interior design coursework that culminates in a certificate, degree, or diploma and 7,040 hours of interior design experience earned after that coursework is completed under the supervision of a registered interior designer or experience approved by the board.
(e) Submits proof of passage of the examination prepared and administered by the National Council for Interior Design Qualification or, if required by the board, another examination approved by the board.

5722.
 The board may issue a license to a person who, at the time of application, holds a valid license to practice registered interior design issued in another state if the education and experience requirements in that state are equivalent to, or more stringent than, the requirements of this chapter, as determined by the board.

5724.
 (a) The board shall issue a license to a person who is, on the effective date of the act adding this section, a certified interior designer pursuant to Chapter 3.9 (commencing with Section 5800) or previously received interior design certification pursuant to Chapter 3.9 (commencing with Section 5800) and is certified by the National Council for Interior Design Qualification or has passed an examination approved by the board or the Codes, Building Systems and Construction Standards section of the examination administered by the National Council for Interior Design Qualification.
(b) The board shall issue a license to a person who submits an application to the board before January 1, 2016, and submits proof acceptable to the board of 10 years of experience in interior design under the supervision of a registered interior designer or experience approved by the board and passage of an examination approved by the board or the National Council for Interior Design Qualification examination.
(c) The board shall issue a license to a person who submits an application to the board before January 1, 2016, and submits proof acceptable to the board of eight total years of experience in interior design under the supervision of a registered interior designer or experience approved by the board, including no fewer than two years of education in interior design that is acceptable to the board and is certified by the National Council for Interior Design Qualification or has passed an examination approved by the board or the Codes, Building Systems and Construction Standards section of the examination of the National Council for Interior Design Qualification.

5726.
 Nothing in this chapter shall be construed to prohibit any person who is, on the effective date of the act adding this section, certified pursuant to Chapter 3.9 (commencing with Section 5800) from attaining or maintaining the title of “Certified Interior Designer” and from having all privileges granted pursuant to Chapter 3.9 (commencing with Section 5800). Further, nothing in this chapter shall be construed to prohibit the lawful practice of interior design.

5728.
 (a) A license issued pursuant to this chapter shall include the full name of the licensee and a serial number and shall be signed by the president and the secretary of the board under seal of the board. The issuance of a license by the board pursuant to this chapter is evidence that the licensee is entitled to all the rights and privileges of a registered interior designer while the license remains unsuspended, unrevoked, and unexpired.
(b) The unauthorized use or display of a license is unlawful.

5730.
 (a) A license issued pursuant to this chapter shall expire two years after the date of issue.
(b) To renew a license, the licensee shall, on or before the expiration date of the license, do all of the following:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board pursuant to Section 5770.
(3) Submit proof of compliance with the continuing education requirements established by the board.
(4) Comply with subdivision (b) of Section 5724, if applicable.
(c) After a licensee has satisfied the requirements of subdivision (b), the secretary of the board shall renew the license for two years. The renewed license shall bear the full name of the licensee, the licensee’s serial number, the seal of the board, and the signature, or a facsimile thereof, of the secretary or president of the board. The secretary of the board shall record the renewal in the official register of the board.

5732.
 The board shall, by regulation, require registered interior designers to complete not more than 10 hours of continuing education per renewal period as a condition of renewal of their license.

5734.
 (a) Except as provided in subdivision (b), a certificate of licensure that is not renewed on or before its expiration date may be renewed at any time within one year of the date of its expiration if the licensee meets the requirements of Section 5732.
(b) The board may, by regulation, authorize the renewal of a license that has not been renewed within one year of the date of its expiration.

5736.
 The board shall issue, upon application, a retired license to a person licensed by the board who chooses to relinquish or not renew his or her license. A person holding a retired license shall use the title “retired registered interior designer” and shall not practice registered interior design.

5738.
 The board may deny a license for any violation of this chapter.

Article  3. Practice of Registered Interior Design

5740.
 (a) A licensee shall sign, date, and seal or stamp, using a seal or stamp described in subdivision (b), all plans, specifications, studies, drawings, and other documents he or she issues for official use pursuant to the practice of registered interior design. The board may adopt regulations specifying the manner in which a licensee may electronically issue those documents.
(b) A licensee shall use a seal or stamp of the design authorized by the board, bearing his or her name, the serial number included on his or her certificate of licensure, and the legend “registered interior designer.”
(c) It is unlawful for a person to seal or stamp a plan, specification, study, drawing, or other document after the license has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.
(d) A plan, specification, study, drawing, or other document prepared by a licensee shall contain a statement that the document was prepared by a person licensed pursuant to this chapter.

5742.
 Notwithstanding any other provision of law, a licensee may, if required by a city, county, or city and county in relation to the issuance of a permit, prepare and seal interior design documents to be submitted for the issuance of a building permit for interior construction, excluding design of any structural, mechanical, plumbing, heating, air-conditioning, ventilating, electrical, or vertical transportation systems.

5744.
 A licensee may, in the practice of registered interior design, collaborate with any of the following persons:
(a) An architect licensed pursuant to Chapter 3 (commencing with Section 5500).
(b) An electrical, structural, or mechanical engineer registered and authorized to use that title pursuant to Chapter 7 (commencing with Section 6700).

5746.
 A person shall not bring or maintain an action in the courts of this state for the collection of compensation for the performance of an act or contract for which a license is required by this chapter without alleging and proving that he or she was duly licensed under this chapter at all times during the performance of the act or contract.

Article  4. Discipline

5750.
 (a) The board may, by order, suspend, revoke, or place on probation the certificate of a licensee, assess a fine of not more than ten thousand dollars ($10,000) against a licensee, impose the costs of an investigation and prosecution upon a licensee, or take any combination of these disciplinary actions if a licensee does any of the following:
(1) Obtains a license by fraud or concealment of a material fact.
(2) Is found guilty by the board or a court of competent jurisdiction of fraud, deceit, or concealment of a material fact in his or her practice of registered interior design, or is convicted by a court of competent jurisdiction of a crime involving moral turpitude.
(3) Is found mentally ill by a court of competent jurisdiction.
(4) Is found guilty by the board of incompetence, negligence, or gross negligence in the practice of interior design.
(5) Affixes his or her signature, stamp, or seal to plans, specifications, studies, drawings, or other instruments of service that have not been prepared by him or her, or in his or her office, or under his or her responsible supervisory control, or permits the use of his or her name to assist a person who is not a licensed interior designer to evade any provision of this chapter.
(6) Aids or abets an unlicensed person to practice as a registered interior designer.
(7) Violates a law, regulation, or code of ethics pertaining to the practice of registered interior design.
(8) Fails to comply with an order issued by the board or fails to cooperate with an investigation conducted by the board.
(b) An order issued pursuant to this section, and the findings of fact and conclusions of law supporting that order, are public records.
(c) The board shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Division 3 of Title 2 of the Government Code.
(d) For purposes of this section, the following terms have the following meanings:
(1) “Gross negligence” means conduct that demonstrates a reckless disregard of the consequences affecting the life or property of another person.
(2) “Incompetence” means conduct that, in the practice of registered interior design, demonstrates a significant lack of ability, knowledge, or fitness to discharge a professional obligation.
(3) “Negligence” means a deviation from the normal standard of professional care exercised generally by other persons engaging in the practice of registered interior design.

5752.
 The proceedings for the disciplinary actions described in this article shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).

5754.
 An order placing a licensee on probation pursuant to Section 5750 may include, but shall be not be limited to, any of the following conditions:
(a) Restriction on the scope of practice of registered interior design of the licensee.
(b) Peer review by peers designated by the board.
(c) Required continuing education or counseling.
(d) Payment of restitution to persons who suffered harm or loss.

Article  4.5. Business Organization or Association

5756.
 (a) Notwithstanding any other provision of law, persons licensed pursuant to this chapter, architects licensed pursuant to Chapter 3 (commencing with Section 5500), landscape architects licensed pursuant to Chapter 3.5 (commencing with Section 5615), and professional engineers registered pursuant to Chapter 7 (commencing with Section 6700) may join or form a partnership, corporation, or other business organization or association, except a limited liability company or limited liability partnership, with persons outside their field of practice who are not registered or licensed if all of the following requirements are met:
(1) Control and two-thirds ownership of the business organization or association are held by persons registered pursuant to this chapter, architects licensed pursuant to Chapter 3 (commencing with Section 5500), landscape architects licensed pursuant to Chapter 3.5 (commencing with Section 5615), or professional engineers registered pursuant to Chapter 7 (commencing with Section 6700). For purposes of this paragraph, “control” means the direct or indirect possession of power to direct or cause the direction of the management and policies of the business organization or association.
(2) The business organization or association demonstrates to the satisfaction of the board that it is in compliance with the requirements of this section.
(3) The business organization or association otherwise qualifies to do business in this state pursuant to other applicable requirements of state law.
(4) The business organization, if a corporation, obtains a certificate of registration from the board and furnishes to the board a complete list of all shareholders when it first registers with the board, and annually thereafter within 30 days after the annual meeting of the shareholders of the corporation, showing the number of shares held by each shareholder.
(5) The business organization or association, if not a corporation, obtains a certificate of registration from the board and furnishes information similar to that required under paragraph (4), as prescribed by the board by regulation.
(b) A business organization or association providing interior design services shall not perform, promote, or advertise the services of a registered interior designer unless a registered interior designer is an owner of the business organization or association.
(c) A licensee practicing in a business organization or association holding a certificate of registration pursuant to this section remains subject to Section 5750.
(d) If an unlicensed person, or a licensee who is not an owner, and who is employed by or affiliated with a business organization or association that holds a certificate pursuant to this section, is found by the board to have violated a provision of this chapter or a regulation of the board, the board may hold the business organization or association and the licensees who are owners responsible for the violation.

Article  5. Offenses Against the Chapter

5760.
 (a) It is unlawful for a person to do any of the following:
(1) Hold himself or herself out to the public or solicit business as a licensed registered interior designer in this state without holding a license issued by the board pursuant to this chapter. This paragraph does not prohibit a person who is exempt from this chapter pursuant to Section 5780 from holding himself or herself out to the public or soliciting business in this state as an interior designer.
(2) Advertise or put out any sign, card, or other device that indicates to the public that he or she is a licensed registered interior designer or that he or she is otherwise qualified to engage in the practice of registered interior design, without holding a license issued by the board pursuant to this chapter.
(3) Practice registered interior design, or use the title “registered interior designer,” in this state unless he or she holds a license issued by the board pursuant to this chapter.
(4) Violate any provision of this chapter.
(b) This section does not prohibit a person registered or otherwise qualified or approved by a private organization from using a term or title copyrighted or otherwise protected under law by the certifying organization or from providing services customarily associated with that title, or specified by the certifying organization, or as specified in Section 5704, provided that the use of that term or title does not connote licensure under this chapter.
(c) This section does not prohibit a person from providing services as specified in Section 5538, provided he or she does not hold himself or herself out to the public as, or solicit business as, a registered interior designer, unless the person holds a valid license issued by the board pursuant to this chapter.

5762.
 A person who violates any provision of this chapter is guilty of a misdemeanor, punishable as follows:
(a) For a first violation, the person shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
(b) For a second or subsequent violation, the person shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.

5764.
 In addition to any other penalty prescribed by law, a person who violates any provision of this chapter or any regulation adopted by the board is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. That penalty shall be imposed by the board at a hearing conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).

Article  6. Revenue

5770.
 (a) The board shall assess fees for licensure and licensure renewal in an amount sufficient to cover the reasonable regulatory cost of administering the provisions of this chapter.
(b) Fees collected pursuant to this chapter shall be collected by the board and deposited into the California Registered Interior Designers Board Fund, which is hereby created.
(c) All money in this fund shall, upon appropriation by the Legislature in the annual Budget Act, be used to carry out the provisions of this chapter.

Article  7. Exemptions

5780.
 (a) This chapter shall not apply to any of the following:
(1) An architect licensed pursuant to Chapter 3 (commencing with Section 5500) acting within the scope of his or her license.
(2) A professional engineer registered pursuant to Chapter 7 (commencing with Section 6700) acting within the scope of his or her license.
(3) A person engaging in work related to registered interior design as an employee of a registered interior designer if the work does not include responsible supervisory control or supervision of the practice of registered interior design.
(4) A person performing registered interior design work under the responsible supervisory control of a registered interior designer.
(5) A consultant retained by a registered interior designer.
(6) A person who prepares drawings of the layout of materials or furnishings used in registered interior design or provides assistance in the selection of materials or furnishings used in registered interior design, if the preparation or implementation of those drawings, or the installation of those materials or furnishings, is not regulated by a building code or other law, ordinance, rule, or regulation governing the alteration or construction of a structure. The persons exempt from this chapter pursuant to this subdivision include, but are not limited to, a person who prepares drawings of the layout of, or provides assistance in the selection of, any of the following materials:
(A) Decorative accessories.
(B) Wallpaper, wallcoverings, or paint.
(C) Linoleum, tile, carpeting, or floor coverings.
(D) Draperies, blinds, or window coverings.
(E) Lighting or plumbing fixtures that are not part of a structure.
(F) Furniture or equipment.
(7) An employee of a retail establishment providing consultation regarding interior decoration or furnishings on the premises of the retail establishment or in the furtherance of a retail sale or prospective retail sale.
(b) (1) Notwithstanding subdivision (a), a person shall not refer to himself or herself as a registered interior designer without being licensed pursuant to this chapter.
(2) This subdivision does not prohibit a person registered or otherwise qualified or approved by a private organization from using a term or title copyrighted or otherwise protected under law by the certifying organization provided that the use of that term or title does not connote licensure under this chapter.
(c) The exemptions described in this section shall not absolve a person from any civil or criminal liability that might otherwise accrue when engaging in acts described in this section.

5782.
 This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the following:
(a) Single-family dwellings of woodframe construction not more than two stories and basement in height.
(b) Multiple dwellings containing no more than four dwelling units of woodframe construction not more than two stories and basement in height.
(c) Garages or other structures appurtenant to buildings described in this section, of woodframe construction not more than two stories and basement in height.
(d) Agricultural and ranch buildings of woodframe construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety, or welfare is involved.

5784.
 A structural engineer, defined as a registered civil engineer who has been authorized to use the title structural engineer under the provisions of Chapter 7 (commencing with Section 6700), insofar as he or she practices the profession for which he or she is registered, is exempt from the provisions of this chapter, except that a structural engineer may not use the title “registered interior designer,” unless he or she holds a license as required in this chapter.

5786.
 This chapter shall not be construed as authorizing a licensed contractor to perform design services beyond those described in Section 5782 or in Chapter 9 (commencing with Section 7000), unless those services are performed by or under the direct supervision of a person licensed to practice registered interior design under this chapter, or a professional or civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3, insofar as the professional or civil engineer practices the profession for which he or she is registered under that chapter.
However, this section does not prohibit a licensed contractor from performing any of the services permitted by Chapter 9 (commencing with Section 7000) of Division 3 within the classification for which the license is issued. Those services may include the preparation of shop and field drawings for work that he or she has contracted or offered to perform, and designing systems and facilities that are necessary to the completion of contracting services that he or she has contracted or offered to perform.
However, a licensed contractor may not use the title “registered interior designer,” unless he or she holds a license as required in this chapter.

5788.
 A professional engineer registered to practice engineering under the provisions of Chapter 7 (commencing with Section 6700), insofar as he or she practices the profession for which he or she is registered, is exempt from the provisions of this chapter, except that a professional engineer may not use the title “registered interior designer,” unless he or she holds a license as required in this chapter.

5790.
 A civil engineer authorized to use that title under the provisions of Chapter 7 (commencing with Section 6700), insofar as he or she practices the profession for which he or she is registered, is exempt from the provisions of this chapter, except that a civil engineer may not use the title “registered interior designer,” unless he or she holds a license as required in this chapter.

5792.
 A landscape architect registered under the provisions of Chapter 3.5 (commencing with Section 5615), insofar as he or she practices the profession for which he or she is registered, is exempt from the provisions of this chapter, except that a landscape architect may not use the title “registered interior designer,” unless he or she holds a license as required in this chapter.

5794.
 A land surveyor licensed under the provisions of Chapter 15 (commencing with Section 8700) of Division 3, insofar as he or she practices the profession for which he or she is licensed under Chapter 15 (commencing with Section 8700) of Division 3, is exempt from the provisions of this chapter, except that a land surveyor may not use the title “registered interior designer,” unless he or she holds a license as required in this chapter.

5796.
 An architect licensed under the provisions of Chapter 3 (commencing with Section 5500) of Division 3, insofar as he or she practices the profession for which he or she is licensed under Chapter 3 (commencing with Section 5500) of Division 3, is exempt from the provisions of this chapter, except that an architect may not use the title “registered interior designer,” unless he or she holds a license as required in this chapter.

5798.
 This chapter does not prohibit any person from furnishing either alone or with contractors, if required by Chapter 9 (commencing with Section 7000) of Division 3, labor and materials, with or without plans, drawings, specifications, instruments of service, or other data covering such labor and materials to be used for any of the following:
(1) For nonstructural or nonseismic storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, or other appliances or equipment.
(2) For any nonstructural or nonseismic work necessary to provide for the installation of those storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, appliances, or equipment.
(3) For any nonstructural or nonseismic alterations or additions to any building necessary to or attendant upon the installation of those storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, appliances, or equipment, provided those alterations do not change or affect the structural system or safety of the building.

SEC. 2.SEC. 3.

 Section 13401 of the Corporations Code is amended to read:

13401.
 As used in this part:
(a) “Professional services” means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act.
(b) “Professional corporation” means a corporation organized under the General Corporation Law or pursuant to subdivision (b) of Section 13406 that is engaged in rendering professional services in a single profession, except as otherwise authorized in Section 13401.5, pursuant to a certificate of registration issued by the governmental agency regulating the profession as herein provided and that in its practice or business designates itself as a professional or other corporation as may be required by statute. However, any professional corporation or foreign professional corporation rendering professional services by persons duly licensed by the Medical Board of California or any examining committee under the jurisdiction of the board, the Osteopathic Medical Board of California, the Dental Board of California, the California State Board of Pharmacy, the Veterinary Medical Board, the California Architects Board, the Court Reporters Board of California, the Board of Behavioral Sciences, the Speech-Language Pathology and Audiology Board, the Board of Registered Nursing, the California Registered Interior Designers Board, or the State Board of Optometry shall not be required to obtain a certificate of registration in order to render those professional services.
(c) “Foreign professional corporation” means a corporation organized under the laws of a state of the United States other than this state that is engaged in a profession of a type for which there is authorization in the Business and Professions Code for the performance of professional services by a foreign professional corporation.
(d) “Licensed person” means any natural person who is duly licensed under the provisions of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act to render the same professional services as are or will be rendered by the professional corporation or foreign professional corporation of which he or she is or intends to become, an officer, director, shareholder, or employee.
(e) “Disqualified person” means a licensed person who for any reason becomes legally disqualified (temporarily or permanently) to render the professional services that the particular professional corporation or foreign professional corporation of which he or she is an officer, director, shareholder, or employee is or was rendering.

SEC. 3.SEC. 4.

 Section 26509 of the Government Code is amended to read:

26509.
 (a) Notwithstanding any other provision of law, including any provision making records confidential, and including Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code, the district attorney shall be given access to, and may make copies of, any complaint against a person subject to regulation by a consumer-oriented state agency and any investigation of the person made by the agency, where that person is being investigated by the district attorney regarding possible consumer fraud.
(b) Where the district attorney does not take action with respect to the complaint or investigation, the material shall remain confidential.
(c) Where the release of the material would jeopardize an investigation or other duties of a consumer-oriented state agency, the agency shall have discretion to delay the release of the information.
(d) As used in this section, a consumer-oriented state agency is any state agency that regulates the licensure, certification, or qualification of persons to practice a profession or business within the state, where the regulation is for the protection of consumers who deal with the professionals or businesses. It includes, but is not limited to, all of the following:
(1) The Dental Board of California.
(2) The Medical Board of California.
(3) The State Board of Optometry.
(4) The California State Board of Pharmacy.
(5) The Veterinary Medical Board.
(6) The California Board of Accountancy.
(7) The California Architects Board.
(8) The State Board of Barbering and Cosmetology.
(9) The Board for Professional Engineers and Land Surveyors.
(10) The Contractors’ State License Board.
(11) The Funeral Directors and Embalmers Program.
(12) The Structural Pest Control Board.
(13) The Bureau of Home Furnishings and Thermal Insulation.
(14) The Board of Registered Nursing.
(15) The State Board of Chiropractic Examiners.
(16) The Board of Behavioral Science Examiners.
(17) The State Athletic Commission.
(18) The Cemetery Program.
(19) The State Board of Guide Dogs for the Blind.
(20) The Bureau of Security and Investigative Services.
(21) The Court Reporters Board of California.
(22) The Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(23) The Osteopathic Medical Board of California.
(24) The Division of Investigation.
(25) The Bureau of Automotive Repair.
(26) The State Board for Geologists and Geophysicists.
(27) The Department of Alcoholic Beverage Control.
(28) The Department of Insurance.
(29) The Public Utilities Commission.
(30) The State Department of Health Services.
(31) The New Motor Vehicle Board.
(32) The California Registered Interior Designers Board.

SEC. 4.SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.