EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 623 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 "Responsible control" means that amount of control over and detailed

1-4 knowledge of the content of technical submissions during their

1-5 preparation as is ordinarily exercised by registered architects, registered

1-6 interior designers or residential designers, as applicable, applying the

1-7 normal standard of professional care.

1-8 Sec. 2. NRS 623.015 is hereby amended to read as follows:

1-9 623.015 As used in this chapter, unless the context otherwise requires,

1-11 section 1 of this act have the meanings ascribed to them in those sections.

2-1 Sec. 3. NRS 623.025 is hereby amended to read as follows:

2-2 623.025 The "practice of residential design" consists of rendering

2-15 contract documents and advice and direction.

2-16 Sec. 4. NRS 623.050 is hereby amended to read as follows:

2-17 623.050 1. The state board of architecture, interior design and

2-39 grading or certification of their examinations.]

2-40 Sec. 5. NRS 623.180 is hereby amended to read as follows:

2-41 623.180 1. No person may practice:

2-43 (b) Residential design or use the title of residential designer; or

3-1 (c) As a registered interior designer or use the title of registered interior

3-2 designer,

3-3 in this state without having a certificate of registration issued to him

3-4 pursuant to the provisions of this chapter.

3-5 2. Whenever the requirements for registration pursuant to the

3-6 provisions of this chapter have been fully complied with and fulfilled by an

3-7 applicant, the board shall issue to the successful applicant a certificate as a

3-8 registered architect, registered interior designer or residential designer. [If

3-9 the certificate will be issued after the beginning of a biennium,] The

3-10 certificate must expire on June 30 next following the date of issuance,

3-11 and the applicant shall pay the full fee [which] that is prescribed [.] ,

3-12 regardless of the date of issuance.

3-13 3. The certificate is synonymous with registration with a serial number

3-14 and seal. A person who is issued a certificate may practice architecture or

3-15 residential design or may practice as a registered interior designer in this

3-16 state, subject to the provisions of this chapter and the regulations of the

3-17 board.

3-18 4. The unauthorized use or display of a certificate of registration is

3-19 unlawful.

3-20 Sec. 6. NRS 623.185 is hereby amended to read as follows:

3-21 623.185 1. Upon being issued a certificate of registration, each

3-39 interior designer registered pursuant to the provisions of this chapter.

3-40 Sec. 7. NRS 623.190 is hereby amended to read as follows:

3-41 623.190 1. Any person who is at least 21 years of age and of good

3-42 moral character and who meets the requirements for education and practical

4-1 training established by the board by regulation may apply to the board for

4-2 registration pursuant to this section as an architect.

4-3 2. Each year of study, up to and including 5 years of study,

4-4 satisfactorily completed in an architectural program accredited by the

4-5 National Architectural Accrediting Board [, any program of architecture in

4-6 the State of Nevada] or any architectural program approved by the state

4-7 board of architecture, interior design and residential design is considered

4-8 equivalent to 1 year of experience in architectural work for the purpose of

4-9 registration as an architect.

4-10 3. The board shall, by regulation, establish standards for examinations

4-11 which must be consistent with standards employed by other states. The

4-12 board may adopt the standards of the National Council of Architectural

4-13 Registration Boards, and the examination and grading procedure of that

4-14 organization, as they exist on the date of adoption. Examinations may

4-15 include tests in such technical and professional subjects as are prescribed

4-16 by the board.

4-17 4. If the board adopts the examination of the National Council of

4-18 Architectural Registration Boards, an applicant for registration as an

4-19 architect who wishes to:

4-20 (a) Take the examination must pay to the entity which administers the

4-21 examination the fee charged by that entity for taking the examination and

4-22 pay to the board a processing fee as provided in NRS 623.310.

4-23 (b) Retake any part or parts of the examination which he previously

4-24 failed must pay to the entity which administers the examination the fee

4-25 charged by that entity for retaking such part or parts.

4-26 5. Any person who is at least 21 years of age and of good moral

4-27 character and who has a total of 5 years of credit for education or practical

4-28 training, or a combination thereof which is acceptable to the board, may

4-29 apply to the board for registration as a residential designer. The board shall,

4-30 by regulation, establish the amount of credit allowed for education,

4-31 practical training or a combination thereof.

4-32 6. The board shall, by regulation, establish the standards for the

4-33 examination to qualify as a residential designer . [, which may be required

4-34 as part of the examination to be an architect.] The examination must consist

4-35 of at least [:

4-36 (a) A] a written examination covering:

4-37 [(1)] (a) Structural technology;

4-38 [(2)] (b) Materials and methods of construction;

4-39 [(3)] (c) Systems for environmental control; and

4-40 [(4)] (d) Graphic design . [; and

4-41 (b) An oral interview of the applicant by the board upon the successful

4-42 completion of the written portion of the examination.]

5-1 7. An applicant for registration as an architect or residential

5-2 designer must personally appear before the board for the granting of a

5-3 certificate of registration.

5-4 8. Any application to the board may be denied for any violation of this

5-5 chapter.

5-6 Sec. 8. NRS 623.192 is hereby amended to read as follows:

5-7 623.192 1. An applicant for a certificate of registration to practice as

5-42 violation of the provisions of this chapter.

6-1 Sec. 9. NRS 623.192 is hereby amended to read as follows:

6-2 623.192 1. An applicant for a certificate of registration to practice as

6-3 a registered interior designer must be of good moral character and submit

6-4 to the board:

6-5 (a) An application on a form provided by the board;

6-6 (b) The fees required pursuant to NRS 623.310;

6-7 (c) The statement required pursuant to NRS 623.225;

6-8 (d) Proof which is satisfactory to the board that he has completed:

6-9 (1) At least 5 years of education in a program of interior design or an

6-10 equivalent number of credits and at least 1 year of experience in interior

6-11 design;

6-12 (2) At least 4 years of education in a program of interior design or an

6-13 equivalent number of credits and at least 2 years of experience in interior

6-14 design;

6-15 (3) At least 3 years of education in a program of interior design or an

6-16 equivalent number of credits and at least 3 years of experience in interior

6-17 design;

6-18 (4) At least 2 years of education in a program of interior design or an

6-19 equivalent number of credits and at least 4 years of experience in interior

6-20 design; or

6-21 (5) At least 6 consecutive years of experience in the practice of

6-22 interior design; and

6-23 (e) A certificate issued by the National Council for Interior Design

6-24 Qualification as proof that he has passed the examination prepared and

6-25 administered by that organization.

6-26 2. Each program of interior design must be accredited by the

6-27 Foundation for Interior Design Education Research or approved by [the

6-28 board.] :

6-29 (a) The board; or

6-30 (b) An accrediting body recognized by the United States Department

6-31 of Education.

6-32 3. The board shall, by regulation, adopt the standards of the National

6-33 Council for Interior Design Qualification for the experience and equivalent

6-34 credits required pursuant to subsection 1 as those standards exist on the

6-35 date of the adoption of the regulation.

6-36 4. An applicant for a certificate of registration to practice as a

6-37 registered interior designer must personally appear before the board for

6-38 the granting of the certificate.

6-39 5. Any application submitted to the board may be denied for any

6-40 violation of the provisions of this chapter.

7-1 Sec. 10. NRS 623.192 is hereby amended to read as follows:

7-2 623.192 1. An applicant for a certificate of registration to practice as

7-38 violation of the provisions of this chapter.

7-39 Sec. 11. NRS 623.250 is hereby amended to read as follows:

7-40 623.250 1. Each architect, registered interior designer or residential

7-42 him pursuant to the provisions of this chapter [shall, before or during the

8-1 month of December of each year preceding a biennium during which he

8-2 desires to continue:

8-3 (a) The practice of architecture or residential design; or

8-4 (b) To practice as a registered interior designer,

8-5 submit a renewal fee pursuant to the provisions of this chapter,] must

8-6 submit to the board all required fees for renewal of the certificate, proof

8-7 of compliance with all of the requirements established by the board for

8-8 continuing education for the renewal of the certificate and the statement

8-9 required pursuant to NRS 623.225.

8-10 2. Upon receipt of the required fees for renewal , [fee,] proof

8-11 satisfactory to the board of compliance with all of the requirements

8-12 established by the board for continuing education and the statement, the

8-13 secretary of the board shall execute and issue a certificate renewal card to

8-14 the applicant, certifying that his certificate of registration is renewed for the

8-15 term of [a biennium.] 1 year after its date of expiration. The certificate

8-16 renewal card must bear a serial number and the signature or a facsimile

8-17 thereof of the secretary of the board or the executive director and must bear

8-18 the seal of the board.

8-19 3. The renewal must be recorded, together with its serial number, by

8-20 the secretary of the board in the official register of the board pursuant to

8-21 NRS 623.230.

8-22 Sec. 12. NRS 623.270 is hereby amended to read as follows:

8-23 623.270 1. The board may place the holder of any certificate of

8-42 responsible control, or has permitted the use of his name to assist any

9-1 person who is not a registered architect, registered interior designer or

9-2 residential designer to evade any provision of this chapter.

9-3 (e) The holder of a certificate has aided or abetted any unauthorized

9-4 person to practice:

9-5 (1) Architecture or residential design; or

9-6 (2) As a registered interior designer.

9-7 (f) The holder of the certificate has violated any law, regulation or code

9-8 of ethics pertaining to:

9-9 (1) The practice of architecture or residential design; or

9-10 (2) Practice as a registered interior designer.

9-11 (g) The holder of a certificate has failed to comply with an order issued

9-12 by the board or has failed to cooperate with an investigation conducted by

9-13 the board.

9-14 2. If discipline is imposed pursuant to this section, the costs of the

9-15 proceeding, including investigative costs and attorney’s fees, may be

9-16 recovered by the board.

9-17 [2.] 3. The conditions for probation imposed pursuant to subsection 1

9-18 may include, but are not limited to:

9-19 (a) Restriction on the scope of professional practice.

9-20 (b) Peer review.

9-21 (c) Required education or counseling.

9-22 (d) Payment of restitution to all [parties] persons who suffered harm or

9-23 loss.

9-24 (e) Payment of all costs of the administrative investigation and

9-25 prosecution.

9-26 [3.] 4. As used in this section:

9-27 (a) "Gross negligence" means conduct which demonstrates a reckless

9-28 disregard of the consequences affecting the life or property of another

9-29 person.

9-30 (b) "Incompetency" means conduct which, in:

9-31 (1) The practice of architecture or residential design; or

9-32 (2) Practice as a registered interior designer,

9-33 demonstrates a significant lack of ability, knowledge or fitness to discharge

9-34 a professional obligation.

9-35 (c) "Negligence" means a deviation from the normal standard of

9-36 professional care exercised generally by other members in:

9-37 (1) The profession of architecture or residential design; or

9-38 (2) Practice as a registered interior designer.

9-39 Sec. 13. NRS 623.333 is hereby amended to read as follows:

9-40 623.333 1. An architect [or a residential designer] who is registered

9-42 certificate of registration to practice as a registered interior designer.

10-1 2. A residential designer who is registered pursuant to the provisions

10-2 of this chapter is not required to obtain a certificate of registration to

10-3 practice as a registered interior designer with respect to:

10-4 (a) A single-family dwelling; or

10-5 (b) Multifamily dwelling structures that do not exceed two stories in

10-6 height and are composed of not more than four units in each structure.

10-7 Sec. 14. NRS 623.350 is hereby amended to read as follows:

10-8 623.350 1. Every office or place of business in this state of any

10-31 owners responsible for the violation.

10-32 Sec. 15. NRS 623.353 is hereby amended to read as follows:

10-33 623.353 A residential designer shall not engage in rendering services

10-40 secretary of the board within 10 days after the execution of the agreement.

10-41 Sec. 16. NRS 623.365 is hereby amended to read as follows:

10-42 623.365 In addition to any other civil penalty provided by law, a

10-43 person who violates any provision of this chapter or any regulation adopted

11-1 by the board is subject to a civil penalty of not more than [$10,000]

11-2 $15,000 for each violation. Any such penalty must be imposed by the board

11-3 at a hearing for which written notice has been given not less than 30 days

11-4 before the hearing.

11-5 Sec. 17. NRS 89.040 is hereby amended to read as follows:

11-6 89.040 1. One or more persons may organize a professional

11-27 name in the manner required by chapter 602 of NRS.

11-28 Sec. 18. NRS 89.050 is hereby amended to read as follows:

11-29 89.050 1. Except as otherwise provided in subsection 2 [,] and NRS

11-42 of NRS;

12-1 (2) Practicing as a registered interior designer as provided in chapter

12-2 623 of NRS;

12-3 (3) Engaged in the practice of landscape architecture as provided in

12-4 chapter 623A of NRS; and

12-5 (4) Engaged in the practice of professional engineering as provided in

12-6 chapter 625 of NRS.

12-7 (b) Medicine,] medicine, homeopathy and osteopathy, and may be

12-8 composed of persons engaged in the practice of medicine as provided in

12-9 chapter 630 of NRS, persons engaged in the practice of homeopathic

12-10 medicine as provided in chapter 630A of NRS and persons engaged in the

12-11 practice of osteopathic medicine as provided in chapter 633 of NRS. Such a

12-12 professional corporation may market and manage additional professional

12-13 corporations which are organized to render a professional service relating

12-14 to medicine, homeopathy and osteopathy.

12-15 3. A professional corporation may render a professional service only

12-16 through its officers and employees, all of whom must be authorized to

12-17 render that professional service.

12-18 Sec. 19. Section 36 of chapter 512, Statutes of Nevada 1995, as last

12-19 amended by chapter 483, Statutes of Nevada 1997, at page 2209, is hereby

12-20 amended to read as follows:

12-21 Sec. 36. Section 9 of this act is hereby amended to read as

12-42 experience in interior design or residential interior design; or

13-1 (5) At least 6 consecutive years of experience in the practice

13-2 of interior design or residential interior design;] and

13-3 (e) A certificate issued by the National Council for Interior

13-4 Design Qualification as proof that he has passed the examination

13-5 prepared and administered by that organization.

13-6 2. Each program of interior design must be accredited by the

13-7 Foundation for Interior Design Education Research or approved by

13-8 the board.

13-9 3. The board shall, by regulation, adopt the standards of the

13-10 National Council for Interior Design Qualification for the

13-11 experience and equivalent credits required pursuant to subsection 1

13-12 as those standards exist on the date of the adoption of the

13-13 regulation.

13-14 4. An applicant for a certificate of registration to practice as a

13-15 registered interior designer must personally appear before the board

13-16 for the granting of the certificate.

13-17 5. Any application submitted to the board may be denied for

13-18 any violation of the provisions of this chapter.

13-19 Sec. 20. Notwithstanding the provisions of sections 5 and 9 of this act

13-20 to the contrary, a certificate of registration for an architect, registered

13-21 interior designer or residential designer that:

13-22 1. Is issued or renewed by the state board of architecture, interior

13-23 design and residential design before the effective date of those sections

13-24 remains valid for the term for which it was issued or renewed.

13-25 2. Expires on December 31, 1999, must be renewed, if at all, for a

13-26 period that expires on June 30, 2001. The fee for the renewal is 1 1/2 times

13-27 the annual fee for renewal established by the board.

13-28 3. Expires on December 31, 2000, must be renewed, if at all, for a

13-29 period that expires on June 30, 2002. The fee for the renewal is 1 1/2 times

13-30 the annual fee for renewal established by the board.

13-31 Sec. 21. 1. This section and sections 5, 7, 8, 11 and 17 to 20,

13-32 inclusive, of this act become effective upon passage and approval.

13-33 2. Sections 1 to 4, inclusive, 6 and 12 to 16, inclusive, of this act

13-34 become effective on October 1, 1999.

13-35 3. Section 8 of this act expires by limitation on September 30, 1999.

13-36 4. Section 9 of this act becomes effective at 12:01 a.m. on October 1,

13-37 1999.

13-38 5. Section 9 of this act expires by limitation on December 31, 1999.

13-39 6. Section 10 of this act becomes effective at 12:01 a.m. on January 1,

13-40 2000.