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Never
underestimate the power of one! One voice joined with one more voice
means a great deal. Join your voice with our grassroots effort to
defeat legislation. Add your name to our information delivery system,
grassrootsfordesignfreedom@yahoo.com; call or email your lawmakers;
call or email the
members of the Commerce Committees in both House and Senate (click
here to find your legislators); tell those you know in the industry: designers,
vendors, fabricators, showroom owners, clients and anyone else you know
to do the same as above. YOU have the power to stop this legislation,
but only if you take action NOW.
We don’t need
regulation. It’s hard to nail down the reasons the coalitions are
proposing this type legislation all over the country, especially in
light of the fact that very few of their own members will actually
qualify to work under the rules they seek to impose.
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What are the coalitions saying is the reason we need these laws?
The language over
the past five years has changed from state to state and also, it has
changed in the same state from year to year, so we have to pay very
close attention in order to know the current proposal. This year, they
are asking to change the Board of Technical Registration to include
interior designers along with the architects and engineers as those
qualified to stamp/seal their own plans. This will include imposing
levels of interior designers in Arizona as they will then be
“Registered” interior designers. Folks, that’s licensing of interior
designers. And there are other ways for them to attain the right to
stamp/seal their own plans.
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What is wrong with letting some designers have the authority to
stamp their own plans?
The problem is
that this is an innocuous means of getting their foot in the door toward
full blown legislation. Every state in the country that has started
with some simple innocuous bill on the books has modified, tightened and
upgraded their laws outside the view of practitioners until before you
know it, you really cannot practice anymore until you leave the
profession, meet their arbitrary educational requirements, work as an
indentured servant for three years under a “Certificate" holder (that is ASID
speak for “Professional” interior designers except that many of the so
called “Professional” designers are NOT Certificate Holders), ignore the
many years you have already worked successfully in the industry and
start at the very bottom of the profession all over again.
And remember one
very important thing: the law language can be very innocuous, but the
actual rules of the legislation will not be written until AFTER the law
is passed. Sounds impossible, but it is true. So after this innocuous
law is passed and the board seats one or more coalition members to speak
for YOU, then they can rule that you have to jump through countless
hoops or no hoops at all. But if there are going to be no hoops to jump
through, why would they be passing a law? We recommend that you play it
safe and refuse to accept any law at all and encourage the coalition to
seek other means of reaching their stated goal of stamping their own
plans.
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What about claims that unlicensed interior designers are putting
clients in harms way on the issue of health, safety and welfare?
In fact, there has
never been even one documented case that anyone has been materially
harmed on these issues. Since record keeping began, only one suit was
filed on grounds of health, safety, welfare or code violations that
might lead to problems on those grounds between 1907 and 1982. Not so
coincidentally, 1982 was the year the first state upgraded their Title
Act to a Practice Act. Nonetheless, only three suits have been filed in
the last 25 years, all of which were settled amicably. The REAL problem
is the number of suits that have been filed against designers BY
designers turning each other in! All other suits filed, and there
really have been very few of those, have been based on contractual
disputes, quality of product issues and similar issues.
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We’ve been told that interior design regulation is inevitable, so
why don’t we just get on with it?
In fact, interior
design legislation is NOT inevitable unless you don’t get on board with
the opposition and let your lawmakers know you don’t want it, it’s not
necessary and it’s potentially devastating to your business. In 2007
alone, thirteen states faced attempts by the coalitions to pass new
legislation or upgrade existing laws to make it more restrictive to
practice interior design. Not one of them passed, although, three of
them are still pending. Of those three, there is strong opposition in
two of the states which bodes well for failure there as well.
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Why do I care what happens in other states?
If many other
states pass interior design laws, it’s possible that Arizona State
lawmakers may be persuaded that licensing is wanted throughout the
United States and therefore, pass laws here. Further, when the
coalitions get laws passed, they have precedent to rely on to go to the
next state to seek passage. It is the stated goal of ASID to get
interior design legislation passed in some form in every state and then
to advance those states over time to pass the Practice Act.
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Why is ASID interested in passing legislation in every state?
Only ASID can say
for sure, but we have researched this issue thoroughly over the years.
For every excuse they have given for the need for licensing, someone has
been able to effectively rebut the argument for licensing. So
reasonable people have to question their motives. Certainly, if the
laws get passed that they are trying for, everyone who practices may
have to work under ASID imposed rules…rules as to
where you get your education, how much continuing education and where
you get it, what you can and cannot do as a licensed interior designer,
how much insurance you must carry, what test you must take and pass and
which ones you can’t and other rules and regulations that may, from time
to time, be imposed. To date, all the rules channel huge sums of money
into ASID and related agencies. So is it really about the money?
Control of the industry? You decide.
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We want to be perceived as being professionals. Won’t licensing
make us more professional?
The only thing
that will make practitioners more professional is the way they conduct
themselves. Designers who have as their value system to treat their
clients in the most respectful and professional manner already exist and
probably make up the vast majority of designers practicing today. Those
who do not embrace these practices don’t seem to last in the industry.
It is said that if a license makes one a professional, there would be no
malpractice suits against “professionals” such as doctors, lawyers,
CPAs, architects, contractors and other licensed trades. We are what we
are and no test or license impacts our basic natures. So we are really
just talking about the perception or misperception of professionalism.
If you are only interested in being perceived as a professional,
licensing is for you, at least until your clients realize the facts. We
suggest that designers conduct themselves in the most professional
manner possible, treat your clients with respect, provide what you agree
to provide, keep appointments and keep your word. In other words, be
professional!
Well, if the
IDCA coalition has their way and gets this Bill passed, you can forget that
you ever worked a day! The new rules for the NCIDQ test rule out any
experience in the field as a qualifier to take the test, even if you
have run a successful interior design business for many years. Again,
the key is to keep this legislation from passing.
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We’ve been told that this legislation will be voluntary. Is that
true?
The coalition is
saying that the law will be voluntary. The real question is, does it
make sense to pass a voluntary LAW? If you come to a stop sign at an
intersection, can you imagine it being a voluntary “stop?” How much
does it cost for the state to administer a “voluntary” law? When we met
with the Board of Technical Registration, we were told there was
absolutely no way they had the money to administer a voluntary law and
they must have a mandated law that covered every practitioner who would
have to pay annual fees to the state in order for there to be sufficient
funds to administer a law, any law. But let’s not forget, any bill
language we see today can be changed minutes before it is voted on,
thereby giving us a completely different law than the one we expected.
Also, any law passed today can become a completely different matter in a
year or so. The only good legislation is the one that never gets
introduced!!! |