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2000 SESSION

008238872
HOUSE BILL NO. 1428
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on General Laws
on February 11, 2000)
(Patron Prior to Substitute--Delegate O'Brien)
A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 4 of Title 54.1 a section numbered 54.1-415.1, relating to the Department of Professional and Occupational Regulation; certified interior designers; organization of practice.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 2 of Chapter 4 of Title 54.1 a section numbered 54.1-415.1 as follows:

§ 54.1-415.1. Organization for practice of interior designers; registration.

A. Nothing contained in this chapter or in the regulations of the Board shall prohibit the offering of the title of certified interior design by any corporation, partnership, sole proprietorship, limited liability company, or other entity provided such certification is rendered through its officers, principals or employees who are correspondingly certified. No such organization shall limit the liability of any certificate holder for damages arising from his acts or limit such corporation, partnership, sole proprietorship, limited liability company, or other entity from liability for acts of its employees or agents. No such corporation, partnership, sole proprietorship, limited liability company, or other entity, or any affiliate thereof, shall, on its behalf or on behalf of any such certificate holder, be prohibited from (i) purchasing or maintaining insurance against any such liability; (ii) entering into any indemnification agreement with respect to any such liability; or (iii) receiving indemnification as a result of any such liability.

B. Any person, corporation, partnership, limited liability company, sole proprietor or other entity offering the title of certified interior design shall register with the Board. As a condition of registration, the entity shall name at least one certified interior designer for such services offered or rendered. The person or persons named shall be responsible and have control of the regulated services rendered by the entity.

C. The Board shall adopt regulations governing the registration of persons, corporations, partnerships, limited liability companies, sole proprietors and other entities as required in subsections A and B which:

1. Provide for procedural requirements to obtain and renew registration on a periodic basis;

2. Establish fees for the application and renewal of registration sufficient to cover costs;

3. Assure that regulated services are rendered and controlled by persons authorized to do so; and

4. Ensure that conflicts of interests are disclosed.