201 KAR 19:350. Unprofessional

conduct.

 

      RELATES TO: KRS 323.408(1), 323.412

      STATUTORY AUTHORITY: KRS 323.210(2),

323.406

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

323.406(4) authorizes the board to promulgate administrative regulations to

establish a process regarding the use of a certified interior designer's

signature. KRS 323.408(1) requires the board to administer and enforce the laws

governing certified interior designers. This administrative regulation

establishes a code of professional conduct for certified interior designers.

 

      Section 1. Unprofessional Conduct. The

following acts by a certified interior designer shall be "unprofessional

conduct":

      (1) Accepting compensation for interior

design services from an entity other than his or her client or employer, unless

the client or employer has notice and has waived objection.

      (2) Offering or making a payment or gift

to a government official, whether elected or appointed, with the intent to

influence official judgment in connection with a prospective or existing

project.

      (3) Offering or making a payment or gift,

as an individual certified interior designer or as a participating member of a

partnership or corporation, to an elected governmental official, candidate for

governmental office, or the campaign of a candidate for governmental office,

when the payment or gift is a violation of federal or state campaign finance

law.

      (4) Having a court judgment entered, as

described at KRS 323.412.

      (5) Offering or making a gift, except a

gift of nominal value, including, for example, reasonable entertainment and

hospitality, with the intent to influence the judgment of an existing or

prospective client in connection with a project in which the certified interior

designer has an interest.

      (6) Having a financial interest in the

manufacture, sale or installation of a component or process used in a project

for which he or she is the certified interior designer, unless the client has

been advised and has waived objection.

      (7) Publicly endorsing a product, system,

or service, or permitting the use of his or her name or photograph to imply

endorsement of a product, system, or service not designed or developed by him

or her.

      (8) Claiming to be the author of a plan,

print, building specification, or report, or affixing his or her name to a

drawing, which has not been prepared by the certified interior designer or an

employee under the supervision of the certified interior designer.

 

      Section 2. Fraudulent or Dishonest

Activity. In addition to the prohibitions in KRS 323.412, the following

practices by a certified interior designer shall be deemed to be

"fraudulent or dishonest behavior":

      (1) Making untrue or deceitful statements

or representations to the board.

      (2) Bribing a person who may influence

the selection of a certified interior designer.

      (3) Willfully misleading or defrauding a

person employing him or her as a certified interior designer.

      (4) Willful violation of:

      (a) A Kentucky or other state law

relating to the title of certified interior designer; or

      (b) An administrative regulation

promulgated by the board.

      (5) Using, or attempting to use, or

working under, a certificate that has been suspended or revoked or which has

not been renewed as required by law. (29 Ky.R. 2397; Am. 2662; eff. 5-15-03.)