The first part of this article [THE “REAL” REAL WORLD – 03/05] about Interior Design legislation (Title Act vs. Practice Act) definitely gave people something to talk about. It even inspired a call for opinions about FIDER accreditation for design programs, which we address in this month’s LEARN, BABY, LEARN section. There’s so much to cover and so little time, so let’s get right to it, shall we”
More Fears, Rumors & Controversies
(see last month’s article for items 1&2)
3) What happens to people who are found violating Title Acts and Practice Acts”
Jurisdictions differ, but we will speak to what we’ve seen in the State of Texas. The Texas Board of Board of Architectural Examiners [TBAE] regulates interior designers, architects and landscape architects in the state.
Under the current Title Act, we self monitor our piers, meaning that individuals must turn in violators, spurring the TBAE to investigate. Under a Practice Act, the TBAE could actually pursue cases on their own, though their resources may be limited. If caught, at minimum a jurisdictional board will order the individual to refrain from practicing interior design (if under the Practice Act) and to refrain from using the title “interior designer” (if under either the Practice Act or Title Act). Most likely, the particular board will also set some level of fine for the violator.
Right now, in the State of Texas under the Title Act, if one is calling oneself an interior designer, but…
– did not pass the NCIDQ,
– is not registered,
– did not “grandfather in” (see item #4 for explanation) under the former Title Act, and
– is found using the title when not qualified
…and is turned in to the TBAE, then he/she will be fined for using the title "interior designer" and told to cease using it until he/she passes the NCIDQ and officially registers with the State.
4) If the Practice Act passes in the State of Texas, what happens to all the interior designers who were “grandfathered in” under the Title Act passed in 1991″
First let’s talk about what grandfathering even means. The whole idea of grandfathering in interior designers was – and still is – a bit controversial. For the unfamiliar, the phrase means that designers of a certain level of experience do not have to take the NCIDQ exam when a state legislates a Title or Practice Act.
When the ID Title Act took affect in Texas back in the early 90s, interior designers who met certain criteria could register as interior designers with the State and were not required to take the NCIDQ exam.
Some of these designers had passed the precursor to the NCIDQ exam that was given by ASID’s forerunner, AID [American Institute of Interior Designers]. These AID Certificates could be converted into NCIDQ Certificates at the time, and they still can. [Please note that since organization / agency records have been lost over the years, one needs still to be in possession of that certificate to make the conversion happen today. Good grief, if someone is even organized enough to hang on to a piece of paper that long, he / she deserves something… at least a bottle of decent champagne.]
It must be noted that in Texas , the architectural counterpart to TAID – Texas Society of Architects [TSA] – has from the beginning been opposed to the idea of grandfathering for interior designers. The organization’s stance is that all interior designers – whether practicing at the time of the Title Act’s passing, practicing now or practicing when/if the Practice Act is legislated – should have to sit for and pass the entire NCIDQ exam, regardless of age or level of experience.
We’ve heard many current students and new graduates recently ponder what the big deal is about grandfathered designers taking the NCIDQ. “Why would it have been such a bad thing”” they ask. There are several aspects to the answer.
First and foremost, the legislature did not want to disenfranchise the many designers already working in the industry. Think about it. If you have established a career in a certain field, and then all of a sudden you are told that you are not really qualified to be working in that field unless you pass a newly devised test, your livelihood is threatened, essentially depriving you of your right to earn a living in your chosen career.
And let’s face it – although you may have plenty of knowledge, taking a standardized exam in your 40s, 50s and 60s is a whole different ballgame than taking one in your 20s or 30s. Furthermore, asking you to follow new rules while you’re still playing in the middle of the big game gives the impression that your performance up to that point has essentially been lacking.
The interior design profession is relatively young and it has been evolving, going through many growing pains along the way. Although the designation of “architect” has been around for centuries and regulated for decades, the term “interior designer” didn’t even gain prominence until the 1950s, and the idea of an “interior decorator” only emerged 50 years earlier.
Over these many years, the industry has been working hard to form rules and guidelines, both within the educational and business sectors. As the old saying goes, “ Rome wasn’t built in a day,” and the process has been gradual.
Established members of any field should not be punished for not meeting standards that didn’t even exist when they started their careers. If there are no guidelines in place, then how can one follow them” If there is no system in which to operate, then you can’t very well punish people for not adhering to it.
What all entities strive for today is the 3 E’s: Education, Experience and Examination. When the field first emerged, all that existed was Experience, and Education soon followed. Examination didn’t come along until decades later, so that leaves a whole group of designers with plenty of Education and Experience to make up for the lack of Examination.
Leave no doubt – as a profession, we still want to protect the health, safety and welfare of the public, right” So what to do and how to compromise” That brings us back to the original question: If the Practice Act passes in the State of Texas, what happens to all the interior designers who were “grandfathered in” under the Title Act passed in 1991″
The way the language is now written and according to TAID President, Pat Campbell McLaughlin, in the Winter 2005 issue of the TAID newsletter Inside, “Those previously grandfathered will be required to take Section One of the NCIDQ which covers ADA, life and safety codes; Or 15 hours of approved ADA, life and safety code CEPH’s [continuing education program hours] to renew” their Texas interior design licenses.
We had way too much to cover this time, so tune in to THE “REAL” REAL WORLD in July when we will get to (at least some of the) following discussions:
– more fears, rumors & controversies related to Practice Acts and interior design regulation in general
– why the majority of the industry wants regulation in the first place
– what has many (but certainly not all) architects up in arms about interior design regulation
– educating the public about the profession
We would like to thank the following for their most helpful input:
– Pat Campbell McLaughlin, ASID
President, TAID; Steel Magnolia
– Karen Gaither Harrell, IIDA, ASID
Milliken Carpet, Architectural & Design Corporate Accounts
