Occupational Licensing Sunrise Reports and Interior Design Proposal

Submitted by mary@aiaw.org on Mon, 11/25/2019 - 23:08
{"version":"0.3.0","atoms":[],"cards":[],"markups":[["a",["href","https:\/\/docs.legis.wisconsin.gov\/2019\/proposals\/reg\/sen\/bill\/sb541"]],["a",["href","https:\/\/docs.legis.wisconsin.gov\/2019\/proposals\/reg\/sen\/bill\/sb303"]],["b"],["i"]],"sections":[[1,"p",[[0,[],0,"Proposed\nlegislation, "],[0,[0],1,"2019 Senate Bill 541"],[0,[],0,", would require the\nDepartment of Safety and Professional Services (DSPS) to prepare a report on\nany bill requiring an individual to obtain a license in order to engage in a\nparticular profession or occupation. Similar \u201csunrise\u201d laws have been adopted\nin several other states."]]],[1,"p",[[0,[],0,"At the same\ntime, legislation has been introduced to revise Wisconsin\u2019s existing \u201dtitle\u201d\nlaw governing the registration of interior designers and expand the scope of\ninterior design practice to include architecture \u2013 "],[0,[1],1,"2019 Senate Bill 303"],[0,[],0,"."]]],[1,"p",[[0,[],0,"It is\ninformative to apply the criteria in the \u201csunrise\u201d legislation to the interior\ndesign bill. Interior design proposals have failed in states with \u201csunrise\u201d laws."]]],[1,"p",[[0,[],0,"Under the \u201csunrise\u201d\nproposal, the required report by DSPS must include the following:"]]],[3,"ul",[[[0,[],0,"An\nevaluation of whether the unregulated practice of the profession can clearly\nharm or endanger the health, safety and welfare of the public;"]],[[0,[],0,"An\nevaluation of whether the public can reasonably be expected to benefit from\nrequiring the profession to be licensed;"]],[[0,[],0,"An\nevaluation of the least restrictive regulation of the profession that would\neffectively protect the public; and"]],[[0,[],0,"An analysis\nof licensure requirements in other states."]]]],[1,"p",[[0,[],0,"Let\u2019s see\nhow the interior design proposal stands up to the evaluation criteria in the\n\u201csunrise\u201d report, which is required to be distributed prior to any vote or\npublic hearing."]]],[1,"p",[[0,[2,3],2,"Does the\nunregulated practice of interior design clearly harm or endanger the health,\nsafety or welfare of the public and is the potential harm recognizable and not\nremote or speculative?"]]],[1,"p",[[0,[],0,"The\nproponents of the interior design legislation have not identified any instances\nof harm to public health, safety or welfare caused by the unregulated practice\nof interior design in Wisconsin. The \u201csunrise\u201d reviews of interior design\nproposals in Colorado and Washington failed to uncover clear evidence that the\nunregulated practice of interior design harms the public. "]]],[1,"p",[[0,[2,3],2,"Can\nthe public be reasonably expected to benefit from requiring interior designers\nto be licensed?"]]],[1,"p",[[0,[],0,"Proponents\nof expanding the scope of interior design practice offer an unsubstantiated\neconomic rationale that it could reduce the cost of certain projects by\neliminating the need for an architect or professional engineer. However, the purpose\nof long-standing state requirements that an architect or professional engineer\nbe involved in projects of this scope and size is to protect the health, safety\nand welfare of the public. The \u201csunrise\u201d reviews of interior design proposals\nin other states have concluded that state licensing is not necessary because\nthe public can reasonably expect that an interior designer is a competent practitioner\nthrough certification, testing and experience requirements established by related\nprofessional associations."]]],[1,"p",[[0,[2,3],2,"What\nis the least restrictive regulation of interior designers that would\neffectively protect the public?"]]],[1,"p",[[0,[],0,"In\nWisconsin, anyone can offer to provide interior design services. Wisconsin\u2019s\n\u201ctitle\u201d registration law only regulates who can use the specific title\n\u201cWisconsin registered interior designer.\u201d Title protection laws represent one\nof the least restrictive levels of state regulation. With no evidence to the\ncontrary, the existing state regulations for interior designers effectively\nprotect the public. The proposed interior design legislation is not necessary. In\nfact, a legislative report on state occupational licensing submitted by DSPS in\nDecember 2018 recommended that Wisconsin eliminate the existing title\nregistration for interior designers because it one of the \u201cmost burdensome\nlicensing requirements of all occupations.\u201d"]]],[1,"p",[[0,[2,3],2,"What\nare the licensing requirements for interior designers in other states?"]]],[1,"p",[[0,[],0,"Wisconsin is\none of 19 states with voluntary title registration for interior designers\nwithout permitting authority. In addition, 21 other states do not regulate\ninterior design at all. The 40 states with either title registration or no\nregulation for interior designers include our neighboring states of Minnesota,\nIowa, Illinois and Michigan. The recent DSPS state occupational licensing study\nnoted that only four states regulate the practice of interior design."]]],[1,"p",[[0,[2,3],2,"Conclusion"]]],[1,"p",[[0,[],0,"The interior\ndesign proposal does not meet the criteria for state occupational licensing established\nin the \u201csunrise\u201d legislation. It is unnecessary because it fails to increase\nconsumer protection or enhance public health, safety and welfare. There is a\nstraightforward alternative that would not involve any statutory or\nadministrative rule changes. In Wisconsin, if interior designers want to\npractice architecture, they can apply for an architect license by using their\nqualifying interior design education and work experience and passing the\nrequired Architect Registration Examination (ARE)."]]],[1,"p",[[0,[],0,"November 2019"]]],[1,"p",[[0,[2],1,"AIA Wisconsin"]]],[1,"p",[[0,[],0,"Founded in\n1911, AIA Wisconsin is the state society of the American Institute of\nArchitects. With over 1,500 individual members, AIA Wisconsin represents\narchitects and allied professionals in private practice, business, industry,\ngovernment and education."]]]]}
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A look at proposed legislation 2019 Senate Bill 541


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