Legislative Update

Two bills were filed by MIDC on behalf of the Interior Designers of Massachusetts.
As of March all bills that were filled have been allocated bill numbers, our two bill numbers are: House Bill 2999- A bill to recognize Interior Designers so that they may be eligible to compete for those projects where appropriate as the prime Consultant and House Bill 262, An Act Relative to the Certification of Interior Designers.

House Bill 2999 is similar to last year's bill but includes slight revisions to the bill language for interior designers to bid on state work. It is being presented by Representative Kafka and Representative Cabral, with strong sponsorship.
This is the bill that was passed the legislator last session but was vetoed by the Governor.
We have reached out to the Governors staff and DCAM to clarify language and intent. The meetings have been constructive and MIDC was able to address key issues and identify discriminatory practices that have prohibited ID professionals from bidding and gaining fair access to potential state design work that they are qualified to do. HB 2999 is now in the Joint Committee on State Administration and Regulatory oversight. Please review the list of members and see if any of them might be your state legislator -if so reach out to them to express your strong support of the bill.

House Bill 262 is a new bill combining the biding bill language with some minor modifications based on our discussion with DCAM, on January 9, 2009. It also includes a certification process.
When reviewing House Bill 262 you will notice that the first section is fairly consistent with the bill the Boston Society of Architects submitted during the last legislative session. House Bill 341 BUT MIDC added the bidding language that was approved by the legislator last session to the bill text. A grandfathering clause and CEU requirements were also added.
Why you might ask...Discussions with state adjacencies identified the need for one to be certified/registered by the state prior to being eligible to submit and participate via DCAM work. Hence the goal is that this bill will certify those who meet the requirements and then once certified with the board one can then compete fairly for DCAM work. HB 262 is now in the Joint Committee on Consumer Protection and Professional Licensure Please review the list of members and see if any of them might be your state legislator -if so reach out to them to express your strong support of the bill.

Just the Facts....

legislative terms

Licensing
Describes the process by which an agency of government grants permission to an individual to engage in a given occupation upon finding that the applicant has attained the minimum degree of competency necessary to ensure that the public health, safety, and welfare will be reasonably well protected. (US Department of Health, Education, and Welfare, 1977) Before a license is granted, the applicant must meet certain requirements as set forth in the law. These usually involve training and experience, minimum age, years of formal education or academic degrees, a period of residence in the state, and evidence of good moral character.
Licensing is the most restrictive form of occupational regulation because it prohibits anyone from engaging in the activities without permission from a government agency.

Certification
For certification, unlike licensure, the law does not prohibit individuals from engaging in the regulated occupation; however, it prohibits individuals from using a given title or from holding themselves out to the public as being "certified." For example, anyone may practice accounting, but only those who have met state standards may call themselves Certified Public Accountants. In this way, the public is able to differentiate between accountants who have met the state standards and those who have not.
Applicants seeking voluntary certification must meet certain predetermined qualifications set by the certifying agency. Common requirements are graduation from an accredited or approved program, acceptable performance on a qualifying examination, or completion of a specified amount of work experience.

Registration
A very general term sometimes meaning title control as discussed above in Certification, or it may simply mean that the law requires all individuals who wish to engage in a given occupation to register with a designated government agency.
Registration usually involves only listing one's name and address and payment of a fee. As a rule, the law does not require the individual to pass an examination or show that he or she has met any predetermined standards, although bonding is sometimes required.

Definitions of Terms taken from New Hampshire