For many years, design professionals planning a kitchen or bath project would ask themselves several questions. Is my design aesthetically pleasing? Is it functional? Does it maximize the space and address all of the design challenges? Will my clients like it? Will the job be profitable?

But in recent years, an increase in legislation affecting the kitchen and bath industry means industry professionals may have to ask themselves one more question: Am I legally allowed to do this job?

It may seem outrageous that laws intended to protect the integrity of the design industry could have the potential to do the exact opposite, yet many kitchen and bath professionals believe that’s exactly what’s happening (see related Editorial).

That’s because, in recent years, factions within the interior design industry, led by the American Society of Interior Designers (ASID), have been lobbying more heavily for legislation that would establish stringent regulations for those looking to practice within the trade.

Their stated agenda is to establish standards of practice in the interest of public health, safety and welfare. As Deanna Waldron, director of government and public affairs for the Washington, DC-based ASID, says, “Without [this] legislation, there is nothing that says to the public that in order to offer this service, you need to show that you are minimally competent.”

But while this may, on the face of it, seem like a noble pursuit, many kitchen and bath professionals believe the wording of these standards of practice is so broad that there could be far-reaching – and potentially dangerous – consequences for the kitchen and bath design industry. Indeed, some of this legislation, if enacted, could forbid members of the kitchen and bath industry from calling themselves designers…or worse, prohibit them from practicing at all.

Even established kitchen and bath designers with educational and professional credentials that would protect them from such legislation could be adversely impacted by this legislation since, long term, it could cause a shortage of potential employees for kitchen and bath dealerships, according to leading experts in the kitchen and bath field.

TITLE AND PRACTICE

There are two types of design legislation: title acts and practice acts. A title act regulates who can hold a specific title, but does not prevent anyone from actually practicing. A practice act, by contrast, requires that professionals obtain a state license to perform any interior design services. Further complicating the issue is the fact that the specifics of these regulations vary state by state.

Currently, 22 states and the District of Columbia have either practice or title acts regulating the interior design industry. And many more having legislation pending (see State-by-State Guide to Design Legislation Looks at Existing and Pending Title and Practice Acts).

Since “interior design” is often defined in such a broad-based way as to encompass key kitchen and bath design functions, “practice acts,” in particular, could have a chilling effect on the lives and careers of kitchen and bath design professionals who currently practice in the trade but do not have the educational background or other specified credentials to obtain the required license.