STATE OF WISCONSIN
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, PROFESSIONAL LAND SURVEYORS, AND REGISTERED INTERIOR DESIGNERS
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : EXAMINING BOARD OF
EXAMINING BOARD OF ARCHITECTS, : ARCHITECTS, LANDSCAPE
LANDSCAPE ARCHITECTS, : ARCHITECTS, PROFESSIONAL
PROFESSIONAL ENGINEERS, : ENGINEERS, DESIGNERS,
DESIGNERS, PROFESSIONAL : PROFESSIONAL LAND
LAND SURVEYORS, AND REGISTERED : SURVEYORS, AND
INTERIOR DESIGNERS : REGISTERED INTERIOR
: DESIGNERS
: ADOPTING RULES
: (CLEARINGHOUSE RULE 24-001)
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ORDER
An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, Professional Land Surveyors, and Registered Interior Designers to amend A-E 1.01, 1.02 (intro), (1), and (3), 1.03 (2) (a), 2.01, 2.02 (1) and (2) and (4) and (6), and (8) (intro), (a), and (b), 2.03 (1) (a) and (b), 8.02, 8.03 (intro), (1) and (2), (2) (a), (3), (3) (a), (5) (c) 4. and 5., 8.04 (intro), 8.05 (1) (intro), 8.06 (intro), 8.07 (intro), (1), and (2), 8.08 (intro) and (4), 8.09 (intro), (1), and (2), 8.10 (1) and (3), 8.11 (3), and 12.01; and to create A-E 2.03 (2) (f), 2.06 (1) (g), 14, and 15, relating to registered interior designers.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b) states that each examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.” Section 443.015 (1) states that “[e]ach section of the examining board may establish continuing education requirements for renewal of a credential issued by that section under this chapter.” Section 443.015 (1e) states that “[t]he rules promulgated under sub. (1) by the registered interior designer section of the examining board shall require a Wisconsin registered interior designer to complete at least 15 hours of continuing education during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a). At least 10 of the 15 hours shall be in subjects related to the practice of interior design that safeguard the public's health, safety, and welfare.” Section 443.015 (1m) (b) states that “[a]ny rules a section of the examining board promulgates under sub. (1) shall exempt a credential holder whose credential is classified as retired status under par. (a) from continuing education requirements.” Section 443.015 (2) states that “[e]ach section of the examining board may promulgate rules governing the professional conduct of individuals, firms, partnerships, and corporations registered, permitted, certified, or granted a certificate of authorization by that section.” Section 443.17 (2) (a) states that “[t]he registered interior designer section of the examining board shall promulgate rules establishing specifications for seals and stamps used by Wisconsin registered interior designers.” Related statute or rule:
Plain language analysis:
Wisconsin Administrative Code Chapter SPS 130 currently outlines requirements for registered interior designers. The authority for the rules in SPS 130 was removed and transferred to the newly created Registered Interior Designers Section of the examining board of architects, landscape architects, professional engineers, designers, professional land surveyors, and registered interior designers with the enactment of 2021 Wisconsin Act 195. The objective of this rule project is to implement the statutory changes from the act by creating chapters A-E 14 and 15 as a new part of the Wisconsin Administrative Code and by amending chapters A-E 1, 2, and 8 to add registered interior designers to the general provisions of the board. The new chapters cover the registration and continuing education requirements for registered interior designers. Summary of, and comparison with, existing or proposed federal regulation:
None.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, Professional Land Surveyors, and Registered Interior Designers held a preliminary hearing on the statement of scope for this rule on June 13, 2023. The following comment was received from James Gersich, Wisconsin Registered Interior Designer:
“Today I am writing as a member of the public, registered as a Wisconsin Registered Interior Designer (WRID). You may also know me as the Vice Chair of the Joint Examining Board (JEB) of Architects, Landscape Architects, Professional Engineers, Professional Land Surveyors, Designers of Engineering Systems, and Registered Interior Designers; but this message is not intended to represent the views of the JEB but rather, my personal views; I have been credentialed in Wisconsin as an Architect and a Landscape Architect in addition to WRID, three all for many years, and have served for more than 12 years on the JEB and Architect Section.
As you develop Rules for the WRID/RID Section, please consider these:
1. The State of Wisconsin has in effect granted WRID registrants a monopoly over the practice and the title, and the rationale for this is solely the protection of the public's health, safety, and welfare (HSW).
2. Many years ago, Continuing Education (CE) requirements were initiated for some disciplines within the JEB, for continued licensure via biennial renewal.
3. Several years ago, DSPS (at the time, Department of Commerce) performed random audits for CE compliance by credential holders; but due to budget constraints, auditing was eliminated shortly thereafter.
4. The DSPS has no "policing" activity or staff that assures compliance with CE requirements, or conformance with any Rules. Hence, each licensee is obligated under A-E 8.08 to report possible violations. Within any disciplinary action investigated by DSPS staff supporting the Architect Section, compliance with CE requirements has been undertaken. But please note, only if a licensee is the subject of a disciplinary investigation does compliance with the CE requirements stipulated within the Rules, occurs.
5. So as you undertake WRID rulemaking, please strongly consider these recommendations:
a. The number of biennial contact hours for registrants should match those of Architect. Details are found in A-E 12.03. This requires a combination of mostly HSW and then other “non-HSW” Learning Units (LUs) in addition; 24 hours (of which 16 shall be HSW topics) is required biennially.
b. The quality of approvable CE is important. For example, lunch-n-learns that are blatant sales pitches for specific manufacturer's products, should not be allowed. The American Institute of Architects (AIA) is the only design discipline professional organization (via JEB) that currently reviews all pre-submitted CE course content, for approval in advance for HSW designation. Consequently, courses approved by AIA as LU vs HSW should be allowed as acceptable CE for WRID renewal.
c. The AIA has a CE Transcript service for its members, and it is available to other design professionals at a reasonable cost. This Transcript has been widely (including in Wisconsin) accepted without question, in support of proof of CE. Rulemaking within WRID CE should recognize AIA, IIDA, ASID, and similar professional organizations who document CE for their members.
d. Lastly, please also consider requiring Professional Conduct and Ethics subject content when contemplating CE requirements for WRIDs. While JEB Architects (under 12.03) do not presently have such a requirement, it is required by the Professional Landscape Architects under A-E 11.03 in the quantity of 2 hours per biennium; these are not in addition to the minimum. I am licensed in Minnesota as an Architect and Certified Interior Designer. The State of Minnesota already requires Ethics CE for Architects, Landscape Architects, Professional Engineers and Certified Interior Designers, 2 hours per two-year renewal period being currently required.
Thank you for considering my recommendations.”
Comparison with rules in adjacent states:
Illinois:
Interior Designers in Illinois are registered through the Illinois Department of Financial and Professional Regulation. The Registered Interior Designer Act empowers the Board of Registered Interior Design Professionals, governs the practice of interior designers in Illinois, and includes statutory direction regarding interior designer practice, examination, registration and renewal, continuing education, and penalty for unregistered practice [225 Illinois Compiled Statutes ch. 310]. Interior Designers in Illinois are required to complete 10 hours of continuing education per biennium, including one hour in sexual harassment prevention training and one hour pertaining to the subjects of professional conduct or interior design professional ethics. Finally, “All CE programs, activities or courses shall emphasize health, safety and welfare subjects” and meet certain other requirements. [Illinois Administrative Code Title 68 Part 1255 s. 1255.61]. Part 1255 of the Illinois Administrative Code further details rules for interior designers in the areas of registration, examination, seal and signature requirements, endorsement, continuing education, and granting variances. [Illinois Administrative Code Title 68 Part 1255 s. 1255.10 to 1255.90].
Iowa:
Interior Designers in Iowa are registered through the Iowa Department of Inspections, Appeals, and Licensing. The Iowa Interior Design Examining Board regulates the practice of registered interior designers. Chapter 544C of the Iowa Code includes statutes on registration, reciprocal registration, continuing education, penalty for violations of unlawful use of title, and grants administrative rulemaking authority to the board [Iowa Code ch. 544C.1 to 544C.13]. Section 193G of the Iowa Administrative Code for the Interior Design Examining Board further details rules for interior designers in the areas of registration, continuing education, professional conduct, and discipline. Interior designers are required to complete at least 10 hours of continuing education “in acceptable health, safety, and welfare subjects” per biennium. Carryover hours are not permitted. [193G Iowa Administrative Code ch. 3].
