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The NKBA Approves New Positioning Statement On Title & Practice Acts
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Edward S. Nagorsky
General Counsel and Director of Legislative Affairs
(800) THE-NKBA, x4863
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HACKETTSTOWN, NJ (March 18, 2008) - The National Kitchen & Bath Association (NKBA) is pleased to announce the approval of a new positioning statement on interior design licensing legislation. As the leading trade and professional organization in the kitchen and bath industry, the NKBA is committed to educating members and the public at large of the importance of retaining a professional designer's services when contemplating kitchen and/or bath projects.
Title Acts regulate the use of titles, such as Certified Interior Designer. This legislation does not prohibit the actual practice of interior design; it restricts the use of regulated titles. Practice Acts prohibit any work defined as interior design unless the person is licensed.
The NKBA has formally adopted a position to oppose Title and/or Practice Acts in general and specifically for the following reasons:
- Interior design Title and Practice Act legislation is not being advocated by the public through consumer advocacy groups, the offices of attorneys general or divisions of consumer affairs, but rather by a small segment of the interior design community in an effort to limit who may perform design services in competition with them.
- There has been no demonstration of harm to the "public health, safety or welfare" to warrant increased governmental regulation of a profession which has operated without such interference for many years. Since 1988, six state agencies have examined the need for titling and/or licensing laws for interior designers; all found no benefit to the public, concluding that consumers already possessed the means to make informed decisions about interior designers and their services.
- Existing state and local laws and codes already afford the consumer with protection against unqualified persons performing construction and remodeling in the home. Building inspectors, code enforcement officials, licensed electricians, licensed plumbers and others all have a role in verifying that work performed by contractors meets the code and safety requirements enacted to protect the public.
- The NKBA believes that the consumer should be given a choice when retaining the services of a design professional. NKBA members wish to compete on the merits of their work and abilities through their portfolios, references, design competitions, certification and continuing education. The Association does not support efforts to limit freedom of choice among consumers by dictating whom they can and cannot hire to perform design work, with an increased cost to the consumer, which is always the result when competition is restricted.
- Regulatory enforcement of a new law does not always accurately reflect the intent of the law. Agencies charged with creating and administering the rules and procedures to approve applicants for licensure often have no state oversight and frequently interpret their requirements in the most restrictive way imaginable in an effort to limit those who may perform interior design services and compete for their work. The result is costly litigation and an uncertain outcome.
The NKBA has partnered with various other trade and professional organizations such as the American Institute of Architects, the Interior Design Society and retail associations to oppose interior design licensing throughout the country. For more information, please visit www.capwiz.com/nkba or contact Edward S. Nagorsky, NKBA General Counsel and Director of Legislative Affairs, at (800) THE-NKBA x4863.
About the National Kitchen & Bath Association
The National Kitchen & Bath Association (NKBA) is a non-profit trade association that owns the Kitchen/Bath Industry Show & Conference (K/BISĀ®). With more than 41,000 members, the NKBA has educated and led the kitchen and bath industry for 45 years. The mission of the NKBA is to enhance member success and excellence, promote professionalism and ethical business practices and provide leadership and direction for the kitchen and bath industry. For more information, please visit the NKBA Press Room at www.nkba.org/press or call (800) THE-NKBA.
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