Oklahoma House Bill HB1793 Introduced / Bill

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 59th Legislature (2023) 
 
HOUSE BILL 1793 	By: Osburn 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to professions and occupations; 
amending 59 O.S. 2021, Section s 46.1, 46.2, 46.3, 
46.4, 46.7, 46.9, 46.10, 46.11, 46.12, 46.14, 46.17, 
46.18, 46.19, 46.20, 46.21, 46.21b, 46.24, 46.25, 
46.28, 46.31, 46.34, 46.38, 46.39 , 46.40, 46.41, 
46.42, 46.45, 46.46 and 46.47, which rela te to the 
State Architectural and Registered Commercial 
Interior Designers Act ; modifying various provisions 
of the act; changing n ame of act; changing name of 
registered commercial interior designers; providing 
for licensure; removing certification requirements; 
modifying definitions; changing name of the Board of 
Governors of the Architects, Landscape Ar chitects and 
Licensed Interior Designers of Oklahoma ; modifying 
powers and duties of the Board; modifying use of 
certain title; modifying renewal of license; 
modifying grounds for suspension, revocation or 
nonrenewal of license ; providing exemption; provid ing 
an effective date; and declaring an emergenc y. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     59 O.S. 202 1, Section 46.1, is 
amended to read as follows: 
Section 46.1 Section 46.1 et seq. of this title shall be known 
and may be cited as the "State Architectural and Registered 
Commercial Licensed Interior Designers Act ".   
 
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SECTION 2.     AMENDATORY     59 O.S. 2021, Section 46.2, is 
amended to read as follows: 
Section 46.2 In order to safeguard life, health and property 
and to promote public welfare, the professions of architecture , 
landscape architecture and registered commercial licensed interior 
design are declared to be subject to regulation in the pu blic 
interest.  It is unlawful for any person to practice or offer to 
practice architecture or, landscape architecture , or licensed 
interior design in this state, as defined in the provisions of the 
State Architectural and Registered Commercial Licensed Interior 
Designers Act, use in connection with the person's name, or 
otherwise assume the title of architect, landscape architect or 
registered commercial licensed interior designer, or advertise any 
title or description tending to convey the impression that the 
person is a licensed an architect or landscape architect or 
registered commercial licensed interior designer unless the person 
is duly licensed or exempt from licensure or registration under the 
State Architectural and Registered Commercial Licensed Interior 
Designers Act.  The practice of architecture and, landscape 
architecture and the use of the titles architect, landscape 
architect and registered commercial licensed interior designer are 
privileges granted by the state through the Board of Governors of 
the Licensed Architects, Landscape Architects and Registered 
Commercial Licensed Interior Designers of Oklahoma based upon the   
 
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qualifications of the individual as evidenced by a certificate of 
licensure or registration which shall not be transferable. 
SECTION 3.     AMENDATORY     59 O.S. 2021, Section 46.3, is 
amended to read as follows: 
Section 46.3 As used in the State A rchitectural and Registered 
Commercial Licensed Interior Designers Act: 
1.  "Architect" means any person who is licensed in the pr actice 
of architecture in the State of Oklahoma as hereinafter defined; 
2.  "Practice of architecture" means rendering or offe ring to 
render certain services, in connection wit h the design and 
construction, enlargement or alteration of a building or a grou p of 
buildings and the space surrounding such buildings, including 
buildings which have as their principal purpose human occup ancy or 
habitation.  The services referred to incl ude planning, providing 
preliminary studies, designs, drawings, specifications, 
investigations and other technical submissions, the administration 
of construction contr acts, and the coordination of any elem ents of 
technical submissions prepared by other co nsultants including, as 
appropriate and without limitation, consulting engineers and 
landscape architects reviewing and coordinating technical 
submissions prepared by other licensed professionals for use in the 
construction or alteration of any building in the Code Use Groups 
subject to the State Architectural and Licensed Interior De signers 
Act; provided, that the practice of architecture shall include suc h   
 
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other professional services as may be necessary fo r the rendering of 
or offering to render architect ural services; 
3.  "Registration" or "license" "License" means a certificate of 
registration or license issued by the Board .  The definition of 
"license" shall apply to those persons licensed under a practice 
act.  The definition of "registration" shall apply to those persons 
registered under the title registered commercial interior designer 
under this act; 
4.  "Building" means a structure consisting of a foundation, 
walls, all floors and roof, with or without other parts; 
5.  "Board" means the Board of Gov ernors of the Licensed 
Architects, Landscape Architects and Registered Commercial Licensed 
Interior Designers of Oklahoma; 
6.  "Certificate of authority " means the authorization granted 
by the Board for perso ns to practice or offer to practice 
architecture, or landscape architecture, or licensed interior design 
through a partnership, firm, association, corporation, limited 
liability company or limited liability partnership; 
7.  "Certificate of title " means the authorization granted by 
the Board for a partnership, firm, association, corporation, limit ed 
liability company or limited liab ility partnership to use the title 
registered commercial interior designer or any modification or 
derivation of these ter ms;   
 
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8. "Technical submissions " means drawings, plans, 
specifications, studies and any other techn ical reports or documents 
which are issued in the course of practicing architecture , landscape 
architecture or registered commercial licensed interior design with 
the intent that they be considered as for mal or final documents, but 
shall not include record drawings .  Prototypical plans are no t 
technical submissions; 
9. 8.  "Responsible control" means the amount of direct control 
and personal supervision of architectur al, landscape architectural 
or registered commercial licensed interior designer's design work 
and detailed knowledge o f the content of tactical and technical 
submissions during their preparation as is ordinarily exercised by 
licensed architects, landscape architects or registered commercial 
licensed interior designers applying the required professional 
standard of care.  The terms direct control and personal 
supervision, whether used separately or together, mean active and 
personal management of the firm 's personnel and practice to mai ntain 
charge of, and concurrent direction over, architecture, landscape 
architecture or the work of a registered commercial licensed 
interior designer's decisions design and the instruments of 
professional services to which th e licensee or registrant affixes 
the seal, signature, and date; 
10. 9.  "Landscape architect" means a person licensed to 
practice landscape architecture as provided in the State   
 
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Architectural and Registered Commercial Licensed Interior Designers 
Act; 
11. 10.  "Landscape architecture" means the performance of 
professional services defined as teaching, consultations, 
investigations, reconnaissance, research, pla nning, design, 
preparation of construction drawings and specifications, 
construction observation and the coo rdination of any elements of 
technical submissions prepared by others in connection with the 
planning and arranging of l and and the elements thereon for public 
and private use and enjoyment, including the design and layout of 
roadways, service areas, parki ng areas, walkways, steps, ram ps, 
pools, parks, parkways, trails and recreational areas, the location 
and site of improvements including buildings a nd other structures, 
and the grading of the land, surface and subsoil drainage, erosion 
control, planting, r eforestation, and the preserva tion of the 
natural landscape, in accordance with accepted professional 
standards, and to the extent that the dominant purpose of such 
services or creative works is the preservation, conservation, 
enhancement, or determination of proper land uses, natural land 
features, ground cover and plantings, or naturalistic and aesthetic 
values. 
The practice of landscape architectu re shall include the 
location and arrangement of tangible objects and features as are 
incidental and necessar y to the purpose outlined for landscape   
 
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architecture.  The practice of landscape architecture shall not 
include the design of structures or facilit ies with separate and 
self-contained purposes for habitation or industry, or the design of 
public streets, highways, utilities, storm and s anitary sewers and 
sewage treatment facilities, that are statutorily defined as the 
practice of engineering or archit ecture; 
12. 11.  "Code" means the nationally recognized codes adopted by 
the Uniform Building Code Commission of the State of Oklahoma; 
13. 12. "Applicable building official" means the official 
responsible for the application of the adopted building code as 
implemented by the local, municipal or county jurisdiction in which 
a building is located .  Where no building code has been adopted by 
the local, municipal or county jurisdiction, the applicable building 
official shall be defi ned as the State Fire Marshal; 
14.  "Registered commercial interior designer" means a person 
recognized by this state who is registered, qualified by examination 
and meeting all the requirements set forth in the State 
Architectural and Registered Commercial Interior Designers Act and 
the Board's rules; 
13.  "Licensed interior designer " means a person licensed to 
practice licensed interior d esign as provided in the Stat e 
Architectural and Licensed Interior Designers Act ; 
15. 14.  "Plans" means technical docu ments issued by the 
licensed and/or registered professionals intended to meet all   
 
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current and applicable codes as ad opted by the Uniform Building Code 
Commission of the State of Oklahoma, other statutory codes and 
applicable federal codes and which shall b e submitted to all 
required building code and/or permit offices required by the State 
of Oklahoma, county, municipal and/or federal gover nment; 
16. 15.  "Equivalent standards" means those standards adopted by 
the Board intended to be used as alternative eq uivalents to 
determine competency for education, training and testing for 
licensing architects and/or, landscape architects and registering 
commercial licensed interior designers and for complying with the 
Military Service Occupation, Education and Credent ialing Act for 
military personnel and their spouses ; 
17.  "Commercial interior design " means the rendering of or the 
offering to render designs, consultations, studie s, planning, 
drawings, specifications, contract doc uments or other technical 
submissions and the administration of interior construction and 
contracts relating to nonstructural interior construction by a 
registered commercial interior designer in a new con structed or 
existing building when the core and she ll elements are not going to 
be changed; 
18.  "Nonstructural commercial interior construction" means the 
construction of elements which do not include exterior componen ts of 
a building such as exterior walls, any load-bearing wall, any load -
bearing column or any other load-bearing elements of a building   
 
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essential to the structural int egrity of the building such as wind 
loads and seismic loads and to any element which mus t be designed 
for wind loads and seismic load s; and 
16.  "Licensed interior design" means the rendering of or the 
offering to render services relating to nonstructural interior 
construction by a licensed interior designer in a newly constructed 
or existing building, including but not limited to : 
a. analysis, research, planning, an d design of the 
interior spaces of a building for t he purpose of 
enhancing and protecting the health, safety, a nd 
welfare of the public by p reparation of interior 
drawings, specifications, or other technical 
submissions and administration of nonstructural 
interior construction , 
b. design and specification of code-compliant interior 
finishes, furnishings, fixtures, or equipment, 
c. design or modification of existing nonstructural 
interior partitions, doors, suspended ceiling sy stems, 
or constructed ceiling e lements, 
d. design or modification of existing inte rnal 
circulation systems or number and configuration of 
interior exits for suite occupant load, or 
e. review, analysis, and evaluation of building codes, 
accessibility standa rds, or guidelines for interior   
 
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planning, design, and nonstructural interior 
construction compliance; 
17. "Nonstructural interior construction " means the 
construction of elements which do not include: 
a. design of, or the responsibility for , architectural 
and engineering work, except as explicitly provided 
for in this act, 
b. altering the building's existing primary structural, 
fire and life safety, mechanical, electrical, and 
plumbing systems, as set out in Oklahoma st ate law, 
this act, or the current International Building Code 
as adopted by the Oklahoma Uniform Building Code 
Commission, or other related primary building systems , 
and 
c. changes to the building 's core and shell; and 
l9. 18. "Fire and life safety systems " means those systems and 
construction that pertain to fire and life safety protection, such 
as fire sprinklers, fire alarms, smoke evacuation systems, fire 
walls, fire barriers or smoke barriers as defined by the current 
International Building Code adopte d by the Oklahoma Uniform Bu ilding 
Code Commission. 
The definitions in the State Architectural and Registered 
Commercial Licensed Interior Designers Act shall have the same   
 
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meaning when applicable to any rule promulgated pursuant to such 
act. 
SECTION 4.     AMENDATORY     59 O.S. 2021, Section 46.4, is 
amended to read as follows: 
Section 46.4 There is hereby re-created, to continue until July 
1, 2023, in accordance with the provisions of the Oklahoma Sunset 
Law, a board to be known as the "Board of Governors of the Licensed 
Architects, Landscape Architects and Registered Commercial Licensed 
Interior Designers of Oklahoma", hereinafter referred to as the 
Board.  The Board shall be compo sed of eleven (11) members includi ng 
six persons who are duly licensed to practice architecture and are 
in good standing in this state, two persons who are duly licensed to 
practice landscape architecture and are in good standing in th is 
state, two persons who are registered commercial duly licensed 
interior designers and who are active and in good standing and one 
lay member.  Each member of the Board shall be a qualified el ector 
of this state, and the architect, landscape architect and registered 
commercial licensed interior designer members shall have had five 
(5) years' licensing or registration experience as the professional 
position requires in this state .  Re-creation of the Board shall not 
alter existing staggered terms .  Board members, other than th e lay 
member, shall be appointed for a period of five (5) years 
thereafter; provided, that nothing herein shall affect the tenure of 
office of anyone who is a member of the Board on May 31, 1957 .  A   
 
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member may be reappointed to succeed such membership .  The licensed 
architect, landscape architect or the registered commercial licensed 
interior designer members may be appointed by the Governor from a 
list of nominees submitted by respective professional societies of 
this state.  Membership in a professional s ociety shall not be a 
prerequisite to appointment to the Board .  The lay member of the 
Board shall be appointed by the Governor to a term coterminous with 
that of the Governor.  The lay member shall serve at the pleasure of 
the Governor.  Provided, the lay member may continue to serve after 
the expiration of the term of the member until such time as a 
successor is appointed.  Vacancies which may occur in the membership 
of the Board shall be filled by appointment by the Governor .  Each 
person who has been ap pointed to fill a vacancy shall serve for the 
remainder of the ter m for which the member the person shall succeed 
was appointed and until a successor, in turn, has been appo inted and 
shall have qualified .  Each member of the Board, before entering 
upon the discharge of the duties of the member, shall make and file 
with the Secretary of State a written oath or affirmation for the 
faithful discharge of official duties .  Each member of the Board and 
staff shall be reimbursed for travel expenses pursuant to the State 
Travel Reimbursement Act. 
SECTION 5.     AMENDATORY     59 O.S. 2021, Section 46.7, is 
amended to read as follows:   
 
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Section 46.7 In addition to the other powers and duties imposed 
by law, the Board of Governors of the Architects, Landscape 
Architects and Licensed Interior Designers of Oklahoma shall have 
the power and duty to: 
1.  Prescribe such rules and to m ake such orders, as it may deem 
necessary or expedient in the performance of its duties; 
2.  Prepare, conduct, and grade examinations of pe rsons who 
shall apply for the issuance of licenses and registrations to them, 
and to promulgate such rules with refer ence thereto as it may deem 
proper as a portion used to determine competency for the issuance of 
licenses or registrations; 
3.  Work with nationally recognized licensing and registration 
organizations to prep are, conduct, and grade examinations, written 
or oral, of persons who shall apply for the issuance of licenses or 
registrations; 
4.  Determine the satisfactory passing score on examinat ions and 
issue licenses and registrations to persons who shall have pas sed 
examinations, or who shall otherwise be enti tled thereto; 
5.  Determine eligibility fo r licenses and certificates of 
authority and issue them; 
6.  Determine eligibility for regist ration as a registered 
commercial interior designer and for certificate o f title and issue 
them;   
 
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7. Promulgate rules to govern the issuing of reciprocal 
licenses and registrations; 
8. 7.  Upon good cause shown, as hereinafter provided, deny the 
issuance of a license, registration, or certificate of authority or 
certificate of title or suspend, revoke, refuse to renew or iss ue 
probation orders for licenses or registrations, and/or require 
additional education al coursework and determine when the objectives 
have been met; 
9. 8.  Upon proper showing, reinstate or conditionally rein state 
licenses, registrations, certificates of t itle or certificates of 
authority previously issued; 
10. 9.  Review, affirm, reverse, vacate or modify its order with 
respect to any such denia l, suspension, revocation, probation and/or 
educational coursework requirements or refusal to renew; 
11. 10.  Prescribe rules governing proceedings for the denial of 
issuance of a license , registration, or certificate of authority or 
certificate of title , suspension, revocation or refusal to renew, to 
issue probation orders and/or require additional educational 
coursework and determine when the objectives ha ve been met for 
cause, and reinstate them; 
12. 11.  Prescribe such penalties, as it may deem proper, to be 
assessed against holders of licenses , registrations, or certificates 
of authority or certificates of title for the failure to pay the 
biennial fee hereinafter provided for;   
 
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13. 12.  Levy civil penalties plus the legal costs incurred by 
the Board to prosecute the ca se against any person or entity who 
shall violate any of the provisions of the State Architectural and 
Registered Commercial Licensed Interior Designers Act, or any rule 
promulgated pursuant thereto; 
14. 13.  Obtain an office, secure such facilities, and employ, 
direct, discharge and define the duties and set the salaries of such 
office personnel and s et the salaries of such unclassified and 
exempt office personnel as deemed necessary by the Board; 
15. 14.  Initiate disciplinary action, prosecute and seek 
injunctions against any person or entity who has vi olated any of the 
provisions of the State Archit ectural and Registered Commercial 
Licensed Interior Designers Act or any rule of the Board promulgated 
pursuant to said act and against the owner/developer of the building 
type not exempt; 
16. 15.  Investigate alleged violations of the State 
Architectural and Registered Commercial Licensed Interior Designers 
Act or of the rules, orders or final decisions of the Board; 
17. 16.  Promulgate rules of conduct g overning the practice of 
licensed architects, landscape architects and registered commercial 
licensed interior designers; 
18. 17.  Keep accurate and complete records of proceedings, and 
certify the same as may be appropriate;   
 
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19. 18.  Whenever it deems it appropriate, con fer with the 
Attorney General or the At torney General's assistants in connection 
with all legal matters and questions .  The Board may also retain an 
attorney who is licensed to practice law in this state .  The 
attorney shall serve at the pleasure of the Bo ard for such 
compensation as may be pro vided by the Board.  The attorney shall 
advise the Board and perform legal services for th e Board with 
respect to any matters properly before the Board .  In addition to 
the above, the Board may employ hearing examiner s to conduct 
administrative hearings un der the provisions of the Administrative 
Procedures Act; 
20. 19.  Prescribe by rules, fees to be charged as required by 
this act; 
21. 20.  Adopt rules providing for a program of continuing 
education in order to ensure that al l licensed architects or, 
landscape architects, and registered commercial licensed interior 
designers remain informed of those technical and professional 
subjects that the Board deems appropriate .  The Board may by rule 
describe the methods by which the requirements of such program may 
be satisfied.  Failure to meet such requirement s of continuing 
education shall result in n onrenewal of the license issued to the 
architect or, landscape architect, or nonrenewal of the registration 
issued to the registered commercial licensed interior designer;   
 
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22. 21.  Adopt rules regarding requirements for intern 
development as a prerequisite for licensure or registration; 
23. 22.  Give scholarships, as determined by the Board, to an 
individual or individuals advancing toward obtaining an accredited 
National Architectural Accreditation Board, Landscape Architectural 
Accreditation Board or Coun cil for Interior Design Accreditation 
degree in one of these three professions in an Oklahoma higher 
education institution; and 
24. 23.  Take such other action as may be reasonably necessary 
or appropriate to effectuate the State Architectural and Registered 
Commercial Licensed Interior Designers Act .  The Board may, at its 
discretion, contract with other state agencies and nonprofit 
corporations for the endowment, man agement, and administration of 
scholarships.  The requirements of such scholarships shall be 
determined by the Board .  However, nothing contained herein shall be 
construed as requiring the Board to endow or award any scholarship. 
SECTION 6.     AMENDATORY     59 O.S. 2021, Section 46.9, is 
amended to read as follows: 
Section 46.9 A.  The practice of architecture or, landscape 
architecture, or licensed interior design or offering to practice 
these professions for others by persons licensed under this act 
through a partnership, firm, association, corporation, limited 
liability company or limited liability partnership as directors, 
partners, officers, shareholders, employees, managers, members or   
 
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principals is permitted, subject to t he provisions of the State 
Architectural and Registered Commercial Licensed Interior Designers 
Act, provided: 
1.  One or more of the directors, partners, officers, 
shareholders, managers, members or principals of said partnership, 
firm, association, corporation, l imited liability company or limited 
liability partnership is designated as being responsibl e for the 
entity's activities and decisions of said partnership, firm, 
association, corporation, limited liability company or limit ed 
liability partnership; 
2.  Such director, partner, officer, shareholder, manager, 
member or principal is duly licensed und er the State Architectural 
and Registered Commercial Licensed Interior Designers Act; 
3.  All personnel of said partnership, firm, association, 
corporation, limited l iability company or limited liability 
partnership which who act on behalf of the entity fo r these 
professions in the state are licensed under the State Architectural 
and Registered Commercial Licensed Interior Designers Act; and 
4.  Said partnership, firm, association, corporation, limited 
liability company or limited liability partnership has been issued a 
certificate of authority by the Board. 
B.  The Board shall have the power to issue, revoke, deny, or 
refuse to renew a ce rtificate of authority for a pa rtnership, firm, 
association, corporation, limited liability company or limited   
 
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liability partnership as provided for in the State Architectural and 
Registered Commercial Licensed Interior Designers Act. 
C.  A partnership, firm, association, corporation, l imited 
liability company or limited liability partnership desiring to 
practice architectur e or, landscape architecture , or licensed 
interior design shall file with the Board an application for a 
certificate of author ity for each office location performing work on 
Oklahoma projects on a form approved by the Boa rd which shall 
include the names, a ddresses, state of licensure and license number 
of all partners, directors, officers, members, managers or 
principals of the partnership, firm, association, corporati on, 
limited liability company or limited liability part nership legally 
responsible for the entity's practice.  The form shall name an 
individual having the practice of architecture in such person 's 
charge who is a director, partner, officer, member, manage r or 
principal.  The person shall be duly licensed as a n architect to 
practice architectur e or licensed as a landscape architect to 
practice landscape architecture , or as a licensed interior designer 
to practice licensed interior design in this state through said 
partnership, firm, association, corporation, limited liability 
company or limited liability partnership legally responsi ble for the 
entity's practice or services offered and other information required 
by the Board.  In the event there shall be a ch ange in any of these 
persons during the term of the certification, such change shall be   
 
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filed with the Board within thirty (30) days after the effective 
date of said change.  If all of the requirements of this section and 
the Board's current rules have bee n met, the Board shall issue a 
certificate of authority to such partnership, firm, associa tion, 
corporation, limited liability c ompany or limited liability 
partnership. 
D.  Any other person licensed pursuant to the State 
Architectural and Registered Commercial Licensed Interior Designers 
Act, not practicing these professions as a partnership, f irm, 
association, corporation, limited liabili ty company or limited 
liability partnership, shall practice as an individual. 
E.  No such partnership, firm, association , corporation, limited 
liability company or limited liability partnership shall be relieve d 
of responsibility for the conduct or acts o f its agents, employees, 
partners, directors, officers, managers, members or principals by 
reason of its compliance with the provisions of this section, or 
shall any individual practicing these professions be re lieved of 
responsibility for professional ser vices performed as an individual 
by reason of such person 's employment or relationship with s uch 
partnership, firm, assoc iation, corporation, limited liability 
company or limited liability partnership. 
F.  The Secretary of State shall not issue a certific ate of 
incorporation or register a foreign corporation or any other entity 
which includes among the objectives for which i t is established any   
 
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of the words "Architect", "Architectural", "Architecture", 
"Landscape Architect", "Landscape Architecture ", "Licensed Interior 
Designer", or "Licensed Interior Design ", or any modification or 
derivation of these words, unless the Board has issued for said 
applicant either a certificate of authority for an entity, or a 
letter indicating eligibility for an exemption pursuant to the State 
Architectural and Registered Commercial Licensed Interior Designers 
Act.  The entity applying shall su pply such certificate or letter 
from the Board with its application for incorporation or 
registration. 
G.  The Secretary of State shall not register any trade name or 
service mark which includes such word s, as set forth in subse ction F 
of this section, or modifications or derivatives thereof in its firm 
name or logotype except those entities or individuals holding 
certificates of authority issued under the provisions of this 
section or letters of eligibili ty issued by the Board. 
H.  The use of the title "Registered Commercial Interior 
Designer" by a partnership, firm, association, corporation, l imited 
liability company or limited liability partnership is allowed to 
those entities listed, provided: 
1.  One or more of the directors, partners, officers, 
shareholders, members, managers or principals is registered with the 
Board as a registered commercial interior designer and is in good 
standing with the Board; and   
 
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2.  The partnership, firm, association, corp oration, limited 
liability company or limited liability partnership has been issued a 
certificate of title by the Board. 
I.  The Board shall have the power to issue, re voke, deny or 
refuse to renew a certificate of title for a partnership, firm, 
association, corporation, limited liability company or limited 
liability partnership as provided for in the State Architectural and 
Registered Commercial Interior Designers Act. 
J.  A partnership, firm, association, corporation, limited 
liability company or limite d liability partnership shall file with 
the Board an application for a certificate of title on a form 
approved by the Board which shall include the names, addresses, 
state of registration and registration number of all directors, 
partners, officers, shareh olders, members, managers, or principals 
of the partnership, firm, association, corporation, limited 
liability company or limited liability partner ship.  In the event 
there shall be a replacement of any of these persons during the term 
of certification, th e change shall be filed with the Board within 
thirty (30) days after the effective date of the change .  If all the 
requirements of this section, th is act and the current rules of the 
Board have been met, the Board shall issue a certificate of title to 
such partnership, firm, association, corporation, limited lia bility 
company or limited liability partnership.   
 
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K.  The Secretary of State shall not issu e a certificate of 
incorporation or register a foreign corporation or any other entity 
which includes among the objectives for which it is established any 
of the words "Registered Commercial Interior Designer" or any 
modification or derivation of these wor ds, unless the Board ha s 
issued for the applicant either a certificate of title for an 
entity, or a letter i ndicating the eligibility for an exemption 
pursuant to the State Architectural and Registered Commercial 
Interior Designers Act .  The firm applying shall supply such 
certificate of title or letter from the Board with its application 
for incorporation or registration. 
L.  The Secretary of State shall not register any trade name or 
service mark which includes such words as set forth in subsection K 
of this section, or modific ation or derivatives thereof in its firm 
name or logotype except those entities or individuals holding 
certificates of title issued un der the provisions of this section or 
letters of eligibility issued by the Board. 
M.  Upon application for renewal and upo n compliance with the 
provisions of the State Architectural and Registered Commercial 
Interior Designers Act and the rules of the Board, a certificate of 
title shall be renewed as provided in this act. 
N. Upon application for renewa l and upon compliance w ith the 
provisions of the State Architectural and Registered Commercial   
 
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Licensed Interior Designers Act and the rules of the Board, a 
certificate of authority shall be renewed as provided in this act. 
SECTION 7.     AMENDATORY     59 O.S. 2021, Section 46.10, is 
amended to read as follows: 
Section 46.10 Every licensed archit ect, landscape architect and 
registered commercial licensed interior designer shall pay to the 
Board a fee as prescribed by the rules of the Boa rd.  Upon receipt 
of the fee the Board shall issue a renewal of the license or 
registration, which shall authorize the pe rson to practice 
architecture, landscape architecture or use the title registered 
commercial licensed interior designer design, as the case may be, in 
this state.  The license of an architect or, landscape architect, or 
the registration of a registered commercial licensed interior 
designer which has been canceled by the Board for nonpayment of dues 
may be renewed at any time within three (3) years from the date of 
the cancellation, upon p ayment to the Board of the fees which had 
accrued at the time of the cancellation and which would have been 
paid at the time of reinstatement had not the license or 
registration been suspended, together wi th payment of the amount of 
penalties which may hav e been prescribed by the Board .  If a license 
or registration remains canceled for a period excee ding three (3) 
consecutive years, it shall not be reinstated unless the licensee or 
registrant has taken or submitted to a test or a quiz or a Board 
review or an examination as the circumstances of the individual case   
 
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may warrant and as may be prescribed b y the Board in order to 
determine continued competency of the licensee or registrant.  A 
partnership, firm, association, corporation, limited liability 
company or limited liability partnership shall pay to the Board the 
fee prescribed and in the manner pro vided by the rules of the Board 
for the renewal of the certificate of authority or certificate of 
title for such partnership, firm, association, corporation, l imited 
liability company or limited liability partnership. 
SECTION 8.     AMENDATORY     59 O.S. 2021, Section 46.11, is 
amended to read as follows: 
Section 46.11 No license for architects or landscape architects 
or a certificate of authority for a partnership, firm, association, 
corporation, limited liability company or limited liability 
partnership, shall be issued or renewed for longer t han two (2) 
years. A license or certificate may be renewed upon application, 
compliance with this act or the rules of the Board, and payment of 
fees prior to or on June 30 of alternate years.  Every licensed 
architect or, landscape architect, or licensed interior designer 
having a place of business or e mployment within the state shall 
display such person's license in a conspicuous place in such place 
of business or employment.  A new license to replace a lost, 
destroyed or mutilated license shall be issued by the Board upon 
payment of a fee established i n accordance with the rules of the 
Board.   
 
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SECTION 9.     AMENDATORY     59 O.S. 2021, Section 46.12, is 
amended to read as fol lows: 
Section 46.12 After the expiration of a period of six (6 ) 
months and upon payment to the Board of a fee a s prescribed by the 
rules of the Board, a person or entity whose license , registration 
or certificate of authority has been suspended or revoked for cause, 
pursuant to the provisions of the State Architectur al and Registered 
Commercial Licensed Interior Designers Act, may file an application 
with the Board for the reinstatement of said licen se, registration, 
or certificate of authority or certificate of title .  After a 
showing has been made by the applicant t o the Board that the 
interests of the public will not suffer by reason of reinstatement, 
the Board in its discretion may order the reinstat ement of the 
license, registration, or certificate of authority or certificate of 
title upon the payment of a sum equ al to the fees which would have 
accrued had not the license, registration, or certificate of 
authority or certificate of title of the applicant been suspended or 
revoked. 
SECTION 10.     AMENDATORY    59 O.S. 2021, Section 46.14, is 
amended to read as follows : 
Section 46.14 A.  The Board of Governors of the Licensed 
Architects, Landscape Architects and Registered Commercial Licensed 
Interior Designers of Oklahoma shall have power to suspend, to 
revoke or refuse to renew a license, registration, or certificate of   
 
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authority or certificate of title issued by it, pursuant to the 
provisions of the State Architectural and Registered Commercial 
Licensed Interior Designers Act, when the holder thereof: 
1.  Has been convicted of a felony crime that substantially 
relates to the practice of archite cture, landscape archi tecture or  
licensed interior design and poses a reasonable threat to public 
safety; 
2.  Has been guilty of fraud or misrepresentation; 
3.  Has been guilty of gross incompetence or reck lessness in the 
practice of architecture relating to the construction of buildi ngs 
or structures, or of dishonest practices; 
4.  Has been guilty of gross incompeten ce or recklessness in the 
practice of landscape architecture, or of dishonest practices; 
5.  Has been guilty of gross incompetence or reckles sness in the 
practice of licensed interior design, or of dishonest practices; 
6. Presents the license , registration or certification of 
another as his or her own; 
6. 7.  Gives false or forged evidence to t he Board; 
7. 8.  Conceals information relative to any inquiry, 
investigation or violation of this act or rules promulgated under 
this act; or 
8. 9.  Has been found to be guilty of a violation of a provision 
of the State Architectural and Registered Commercial Licensed 
Interior Designers Act, or the rules of the Board; provided, that a   
 
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person or entity complai ned of shall be afforded the opportunity for 
a formal hearing carried out as described under the current 
Administrative Procedures Act or settled by th e Board with a consent 
order or final order appro ved by the Board. 
The Board shall keep a record of the e vidence in, and a record 
of each proceeding for the suspe nsion, revocation of or refusal to 
renew a license or certificate of authority and shall make findings 
of fact and render a decision therein .  If, after a hearing, the 
charges shall have been found t o have been sustained by the vote of 
a majority of the me mbers of the Board it shall immediately enter 
its order of suspension, revocation, penalties, probation, 
educational coursework and objectives or refusal to renew, as the 
case may be. 
B.  As used in this section: 
1.  "Substantially relates " means the nature of criminal conduct 
for which the person was convic ted has a direct bearing on the 
fitness or ability to perform one or more of the duties or 
responsibilities necessarily related to the occupation; and 
2.  "Poses a reasonable threat " means the nature of criminal 
conduct for which the person was convicted i nvolved an act or threat 
of harm against another and has a bearing on the fitness or abili ty 
to serve the public or work with others in the occupa tion. 
SECTION 11.    AMENDATORY     59 O.S. 2021, Section 46.17, is 
amended to read as follo ws:   
 
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Section 46.17  Any person or entity c onvicted of violating any 
provision of the State Architectural and Registered Commercial 
Licensed Interior Designers Act shall be guilty of a misdemeanor .  
The continued violation of any provision of the State Architectural 
and Registered Commercial Licensed Interior Designers Act during 
each day shall be deemed to be a separate offense .  Upon conviction 
thereof, the person or entity shall be punished by imprisonment in 
the county jail not to exceed one (1) year, or b y a fine of not more 
than One Thousand Do llars ($1,000.00), or by both such fine and 
imprisonment for each offense .  The Board may request the 
appropriate district attorney to prosecute such violation and seek 
an injunction against such practice. 
SECTION 12.     AMENDATORY     59 O.S. 2021, Section 46.18, is 
amended to read as follows: 
Section 46.18 A.  Any person or entity who has been determined 
by the Board to have violated any provision of the State 
Architectural and Registered Commercial Licensed Interior Designers 
Act or any rule or order issued pursuant to the provision s of the 
State Architectural and Registered Commercial Licensed Interior 
Designers Act may be liable for a civil pe nalty of not more than One 
Hundred Dollars ($100.00) for each day that said violation continu es 
plus the legal costs incurred by the Board to prosecute the case.  
The maximum civil penalty shall not exceed Ten Thousand D ollars   
 
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($10,000.00) for any violatio n plus the legal costs incurred by the 
Board to prosecute the case. 
B.  The amount of the pen alty shall be assessed by the Board 
pursuant to the provisions of subsection A of this section, after 
notice and hearing.  In determining the amount of the penalt y, the 
Board shall include but not be limited to cons ideration of the 
nature, circumstances, a nd gravity of the violation and, with 
respect to the person or entity found to have committed the 
violation, the degree of culp ability, the effect on ability of t he 
person or entity to continue to do business, and a ny show of good 
faith in attempting to ac hieve compliance with the provisions of the 
State Architectural and Registered Commercial Licensed Interior 
Designers Act.  All monies collected from such civil penalties shall 
be deposited with the State Treasurer of Oklahoma and placed in the 
Board of Architects' Fund. 
C.  Any license, registration, or certificate of authorit y or 
certificate of title holder may elect to surrende r the license, 
registration, or certificate of authority or certificate of title in 
lieu of said fine but shall be forever barred from obtaining a 
reissuance of said license , registration, or certificate of 
authority or certificate of title . 
SECTION 13.     AMENDATORY     59 O.S. 2021, Section 46.19, is 
amended to read as fol lows:   
 
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Section 46.19 All monies which shall be paid to the Board 
pursuant to the provisio ns of the State Architectural and Registered 
Commercial Licensed Interior Designers Act shall be deposited with 
the State Treasurer of Okl ahoma and placed in a separate and 
distinct fund to be known as the "Board of Architects' Fund".  At 
the end of each fiscal year hereafter such unexpended balance 
remaining in the Board of Architects ' Fund shall be carried over and 
continued therein.  All sums of money now or hereafter to be or to 
come into the fund are here by appropriated for the purpose of 
effectuating the purposes of the State Architectural and Registered 
Commercial Licensed Interior Designers Act, and to pay all costs and 
expenses heretofore and hereafter incurred in connection therewith. 
SECTION 14.     AMENDATORY     5 9 O.S. 2021, Section 46.20, is 
amended to read as follows: 
Section 46.20 At the close of each fiscal year, the Board shall 
make a full report of its proceedings during the year to t he 
Governor and shall pay into the Genera l Revenue Fund of the state 
ten percent (10%) of all license, registration, and certificate of 
authority and certificate of title issuance and renewal fees 
collected and received during the fiscal year. 
SECTION 15.    AMENDATORY     59 O. S. 2021, Section 46.21, is 
amended to read as fo llows: 
Section 46.21 A.  The State Architectural and Registered 
Commercial Licensed Interior Designers Act shall not apply to any   
 
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persons, firms, corporations, li mited liability companies or limited 
liability partnerships that do not hold a license , registration or 
certification in any jurisdiction for exempt ed Code Use Groups 
defined by the State Architectural and Registered Commercial 
Licensed Interior Designers Act, providing such persons and/or 
entities shall not represent such person or entity to be a n 
architect, licensed interior designer, or other title of profession 
or business using a form of the word words, "Architect" or "Licensed 
Interior Designer".  This act shall not prevent such persons and/or 
entities from advertising or sel ling their services. 
Any architect, landscape architect or registered commercial 
licensed interior designer from any jurisdiction that who contracts, 
provides or holds out to the public th at they are he or she is able 
to provide professional services in Oklahoma is require d to hold a 
license, registration or certificate of authority or certificate of 
title as needed from the Board, even on exempt Cod e Use Groups, and 
an architect or, landscape architect, or licensed interior designer 
is required to sign, seal and date all c onstruction documents and 
technical submissions. 
B.  Nothing in this act shall be construed to prevent the 
preparation of technical submissions or the administra tion of 
construction contracts by employees of a person or entit y lawfully 
engaged in the pract ice of architecture when such employees a re 
acting under the responsibl e control of a licensed an architect.   
 
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C.  The following shall govern design competitions in the state: 
1.  Nothing in this act shall prohibit a person or firm from 
participating in an a rchitectural design competition involving on ly 
architectural programmin g, planning, schematic design or design 
development information provided to a sponsor; and 
2.  The competition winner, prior to seeking the commission for 
architectural services on the proposed project, shall apply for 
licensing in this state within ten (1 0) days of notification of 
winning the competition and complete the process within thirty (30) 
days. 
SECTION 16.     AMENDATORY     59 O.S. 2021, Section 46.21b, is 
amended to read as follows: 
Section 46.21b A.  An architect shall be req uired to plan, 
design and prepare plans and specifications for the following Code 
Use Groups except where specifically exempt from the provisions of 
the State Architectural and Registered Commercial Licensed Interior 
Designers Act.  All Code Use Groups in this sect ion are defined by 
the current International Building Code. 
B.  The construction, addition or alt eration of a building of 
any size or occupancy in the following Code Use Groups shall be 
subject to the provisions of the State Architectural and Registered 
Commercial Licensed Interior Designers Act: 
1.  Code Use Group I - Institutional;   
 
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2.  Code Use Group R-2 - Residential, limited to dormitories , 
fraternities and sororities, and mo nasteries and convents; 
3.  Code Use Group A-1 - Assembly and theaters; 
4.  Code Use Group A-4 - Assembly, arenas and courts; 
5.  Code Use Group A-5 - Assembly, bleachers and g randstands; 
and 
6.  Code Use Group H – High hazard; and 
7. Buildings for which the designated Code Use Group changes 
are not exempt from the State Architectural and Registered 
Commercial Licensed Interior Designers Act. 
C.  The following shall be exempt f rom the provisions of the 
State Architectural and Registered Commercial Licensed Interior 
Designers Act; provided that, for the p urposes of this subsection, a 
basement is not to be counted as a story for the purpose of counting 
stories of a building for he ight regulations: 
1.  The construction, addition or altera tion of a building no 
more than two stories in height and with a code -defined occupancy of 
no more than fifty (50) persons for the Code Use Groups A -2 and A-3 
- Assembly and Code Use Group E - Education; 
2.  The construction, addition or alteration of a bu ilding no 
more than two stories in height a nd no more than sixty -four 
transient lodging units per building for the Code Use Group R1 - 
Residential, including, but not limited to, hotels and motels;   
 
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3.  The construction, addition or alteration of a building no 
more than two stories in height and wit h a gross square footage not 
exceeding one hundred thousand (100,000) in the Code Use Group B - 
Business; 
4.  The construction, addition or alteration of a building no 
more than two stories in height and with a gr oss square footage not 
exceeding two hundre d thousand (200,000) in the Code Use Group M - 
Mercantile; and 
5.  The construction, addition or alteration of a building no 
more than two stories in heigh t in the following Code Use Groups or 
buildings: 
a. Code Use Group U - Utility, 
b. Code Use Group F - Factory and Industrial, 
c. Code Use Group H - High hazard, 
d. Code Use Group S - Storage, 
e. d. Code Use Group R2 - Residential, including apartments 
containing no more than thirty-two dwelling units or 
thirty-two guest units per buil ding, 
f. e. Code Use Groups R3 and R4 - Residential, 
g. f. all buildings used by a municipality, county, state, 
public trust, public ag ency or the federal government 
with a construction value under One Hundred Fifty -
eight Thousand Dollars ($158,000.00),   
 
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h. g. incidental buildings or appur tenances associated with 
paragraphs 1 through 5 of this subsection, and 
i. h. all uninhabitable, privately owned agricultural 
buildings. 
D.  The addition, renovation or alteration of buildings where 
the use was exempt as ne w construction shall remain exempt i f the 
Code Use Group does not change. 
E.  Upgrades, repairs, replacements and changes made on project s 
in Code Use Groups found in this titl e requiring an architect are 
exempt from hiring an archite ct if the upgrades, re pairs, 
replacements or changes do no t affect the existing primary 
structural, mechanical, or electrical systems, life-safety life 
safety systems, fire codes or exit passageways and/or egress as 
determined by the applicable building official havin g jurisdiction. 
F.  Nonstructural interior construction projects in Cod e Use 
Groups requiring an architect are exempt from hiring an architect if 
the services are performed by a licensed interior designer. 
SECTION 17.     AMENDATORY     59 O.S. 2021, Section 46.24, is 
amended to read as follows: 
Section 46.24 A.  Except as otherwise provided in the State 
Architectural and Registered Commercial Licensed Interior Designers 
Act, no license shall be issued to any person to practice 
architecture in this state unless the person: 
1.  Is twenty-one (21) years of age or over;   
 
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2.  Is the holder of an accredited professional degree in 
architecture and shall hav e had such practical t raining as this act 
and the Board, by rule, shall deem appropriate .  In lieu of the 
requirement of an accredited professional degree, the Board may 
license an applicant who demonstrates in accordance with such 
standards and requiremen ts as determined by th is act and/or the 
Board's rules that the person has such other educati onal experience 
as the Board deems equivalent to an accredited professional degree 
in architecture or in any case the Board decides the interest of the 
public will be served and the pers on is determined to be qualified 
and competent by equivalent standards for architects and in 
compliance with this act and rules or in compliance with the 
Military Service Occupation, Education and Credentialing Act ; 
3.  Has paid to the Board a fee as presc ribed by the rules of 
the Board plus the actual cost of the examinatio n given by the 
Board; and 
4.  Has passed the examinations prescribed by the Board for the 
issuance of a license. 
B.  Upon meeting the requirements of subsection A o f this 
section and payment of an initial fee as may be prescribed by the 
rules of the Board, the Board shall issue to the applicant a license 
which shall authorize the applicant to engage in the practice of 
architecture in this state .  The Board has the au thority to issue 
temporary licenses while qualifying the applicant in compliance with   
 
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the Military Service Occupation, Education and Credentialing Act or 
with any declared state of emergency. 
C.  The examination for a license to practice architecture in 
this state shall be held not less than once each year, shall cover 
such subjects as may be pre scribed by the Board and shall be graded 
on such basis as the Board shall prescribe by rule .  The Board may 
adopt the examinations, requirements for admission to th e 
examinations and the grading procedures of the National Council of 
Architectural Registrat ion Boards or its successor.  Notice of the 
time and place for the holding of examinations shall be given in the 
manner and form prescribed by the Board and may be administered 
electronically. 
D.  The license certificate shall be in a form prescribed by th e 
Board.  The certificate shall be signed by the chair and by the 
secretary-treasurer of the Board and shall bear the impress of the 
seal of the Board.  All papers received by the Board relating to an 
application for a license, to an examination and to the issuance of 
a license shall be electronically retained by the Board and 
originals destroyed.  If it was incomplete, it shall only be 
retained for one (1) year from the date of submissio n and then 
destroyed. 
E.  The following Board records and papers are o f a confidential 
nature and are not public records: Examination material for 
examinations before and after they are given, file records of   
 
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examination problem solut ions, letters of inqui ry and reference 
concerning applicants, Board inquiry forms concerning applicants, 
and investigation files. 
SECTION 18.     AMENDATORY     59 O.S. 2021, Section 46.25, is 
amended to read as follows: 
Section 46.25 Each licensed architect shall have a seal, the 
image of which must contain the name of the architect, the person's 
license number and the words "Licensed Architect, State of 
Oklahoma". 
All technical submissions prepared by s uch architect, or under 
the responsible control of the ar chitect, shall be sealed, signed 
and dated, which shall mean t hat the architect was in responsible 
control over the content of such technical submissions during their 
preparation and has applied the required professional standard of 
care.  No licensed architect may sign or seal technical submissions 
unless they were prepared by or under the responsible control of the 
architect, except that: 
1.  The person may sign or seal those portions of the technic al 
submissions that were prepared by or under the respons ible control 
of persons who are licensed under the State Archi tectural and 
Registered Commercial Licensed Interior Designers Act if the 
architect has reviewed and adapted in whole or in part such portions 
and has either coordinated their preparation or int egrated them into 
the work; and   
 
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2.  The person may sign or sea l those portions of the technical 
submissions that are not required to be prepared by or under the 
responsible control of an architect if the arch itect has reviewed 
and adapted in whole or in pa rt such submissions and integrated them 
into the work.  The seal may be a rubber stamp or may be generated 
electronically, pursuant to rules adopted by the Board. 
SECTION 19.     AMENDATORY     59 O.S. 2021, Section 46.28, is 
amended to read as follows: 
Section 46.28  The State Architectural and Registered Commercial 
Licensed Interior Designers Act shall not require the licensing or 
registration of practitioners of the following professions and 
occupations to practice landscape archi tecture: 
1. A professional civil engineer, as defined in Section 475.2 
of this title, certified to practice the profession in this state 
under any act to regulate the practice of that profession .  Nothing 
contained in the State Architectural and Registered Commercial 
Licensed Interior Designers Act shall be construed as precluding an 
architect or engineer from performing services included within the 
definition of "landscape architecture " when incidental, meaning less 
than ten percent (10%) of the total project co st, to the performance 
of his or her normal practice as an architect o r engineer; 
2.  A landscape contractor building or installing what was 
designed by a landscape architect;   
 
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3.  An agriculturist, horticulturist, forester as defined in 
Section 1202 of this title, nursery operator, gardener, landscape 
gardener, garden or law n caretaker and grader or cultivator of land 
involved in the selection, placement, planting and maintenance of 
plant material; 
4.  Persons who act under the supervision of a licensed 
landscape architect or an employee of a person lawfully engaged in 
the practice of landscape architecture and who, in either event, 
does not assume responsible charge of design or supervision; 
5.  Regional planners or urban planners, who evaluate and 
develop land-use plans to provide for community and municipal 
projections of growth patterns based on demographic needs; 
6.  A landscape designer or contractor whose business is 
choosing types of plants, planning their location and the design of 
landscapes for those projects or whose work is limited to projects 
for a single-family residential home.  Landscape design or 
installation work may also be performed by an owner or occupant on 
the single-family residence of the owner or occupant; 
7.  Persons other than landscape architects who prepare details 
and shop drawings for use in conn ection with the execution of their 
work; and 
8.  Builders or their superintendents in the supervision of 
landscape architectural projects.   
 
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SECTION 20.     AMENDATORY    59 O.S. 2021, Section 46.31, is 
amended to read as follows: 
Section 46.31 A.  Except as otherwise provided in the State 
Architectural and Registered Commercial Licensed Interior Designers 
Act, no license shall be issued to an y person to practice landscap e 
architecture in this state unless the person: 
1.  Is twenty-one (21) years of age or older; 
2.  Holds a degree from an accredited landscape architecture 
program and has such practical training as this act and the Board 's 
rules deem appropriate; 
3.  Has passed the examinations prescribed by the Board 
including the Oklahoma Plant Materials Exam; and 
4.  Has paid all applicable fees. 
B.  If the Board determines th e interest of the public will be 
served and the person is deemed by the Board to be qualified an d 
competent by equivalent standards as the Board sets by rule or in 
compliance with the Military Service Occupation, Education and 
Credentialing Act, the applic ation shall be approved by the Board 
after the person has fulfilled all requirements of this act and 
rules of the Board. 
C.  Examinations may be adminis tered by an electronic method and 
shall be held not less than once each year .  Notices of the time and 
place for the holding of examinations shall be given in the manner   
 
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and form as prescribed by the Board.  All landscape architects are 
required to take and pass the Oklahoma Plant Materials Exam. 
D.  The Board shall establish rules for examination of lands cape 
architects and may elect to follow the recommendations of the 
Council of Landscape Architectural Registration Boards (CLARB) or 
its successor.  The examinations examination shall be designed to 
determine the qualifications of the applicant to practice landscape 
architecture.  The examination shall cover such technical, 
professional and practical subjects as relate to the practice of the 
profession of landscape arc hitecture.  The examination shall also 
cover the basic arts and sciences and knowledge of material whi ch is 
necessary to the proper understanding, application and qualific ation 
for practice of the profession of landscape architecture.  The 
minimum passing grade in all subjects of the examination shall be as 
established by the Board .  An applicant receiving a passing grade on 
a subject included in the examination will be giv en credit, subject 
to CLARB's provisions and subject to the rules of the Board .  
Applicants for readmittance to the examination shall pay the 
application fee. 
Upon passage of the examina tion, completion of the Board 's 
requirements as prescribed by this act and rules, and the payment of 
all applicable fees prescribed by the rules of the Boa rd, the Board 
shall issue to the applicant a license which shall authorize the   
 
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person to engage in th e practice of landscape architecture in this 
state. 
E.  Pursuant to such rules as it may have adopted, the Board 
shall have the power to issue licenses wit hout requiring an 
examination to persons who have been licensed to practice landscape 
architecture in states other than the State of Oklahoma, in a 
territory of the United States, in the District of Columbia, or in a 
country other than the United States pr ovided that the state, 
territory, district or country has a similar reciprocal provision to 
authorize the issuance of licenses to persons who have been licensed 
in this state.  If a person who has been licensed in a state other 
than the State of Oklahoma, in a territory of the United States, in 
the District of Columbia, or in a country other than the Uni ted 
States complies with this act and rules of the Board, the secretary -
treasurer, in the exercise of his or her discretion, or upon the 
order of the Board and upon the receipt of all applicable fees 
prescribed by the Board, shall issue to the person a lic ense to 
practice landscape architecture in this state. 
F.  The Board has the authority to issue temporary licenses 
while qualifying the applicant in complia nce with Section 4100 et 
seq. of this title or with any declared state of emergency. 
G.  The following shall govern design competitions in the state: 
1.  Nothing in this act shall prohibit a person or firm from 
participating in a landscape architectural de sign competition   
 
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involving only programming, planning, schematic design or design 
development information provided to a sponsor; and 
2.  The competition winner, prior to s eeking the commission for 
services on the proposed project, shall apply for licensing in this 
state within ten (10) days of notification of winning the 
competition and complete the process within thirty (30) days. 
SECTION 21.     AMENDATORY     59 O.S. 202 1, Section 46.34, is 
amended to read as follows: 
Section 46.34 A.  Each licensed landscape architect shall have 
a seal, the image of which shall contain the name of the landscape 
architect, the person 's license number and the words "Licensed 
Landscape Architect, State of Oklahoma".  All technical submissions 
prepared by such landscape architect, or under the responsible 
control of the landscape architect, shall be sealed, signed and 
dated, which shall mean that the landscap e architect was in 
responsible control over the content of such technical submissions 
during their preparat ion and has applied the required professional 
standard of care.  No licensed landscape architect may sign or seal 
technical submissions unless they w ere prepared by or under the 
responsible control of the landscape architect, except that: 
1.  The person may sign or seal those portions of the technical 
submissions under the responsible control of persons who are 
licensed under the State Architectural an d Registered Commercial 
Licensed Interior Designers Act if the landscape architect has   
 
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reviewed and adapted in wh ole or in part such portions and has 
either coordinated their preparation or integrated them into the 
work; and 
2.  The person may sign or seal those portions of the technical 
submissions that are not required to be prepared by or under the 
responsible control of a landscape architect if the landscape 
architect has reviewed and adapted in whole or in part such 
submissions and integrated them into the work.  The seal may be a 
rubber stamp or may be generated electronically pursuant to rules 
adopted by the Board. 
B.  All drawings, specifications, plans, reports or other papers 
or documents involving the practice of landscape architecture, shall 
be dated and bear the signature and s eal of the landscape architect 
or landscape architects who prepared or approved them.  It is 
permissible to only sign, seal and date documents on the first sheet 
of bound sets of drawings, with index of drawings included, t itle 
page of specifications, and other drawings and contract documents in 
a manner consistent with this act and r ules of the Board. 
C.  The seal, signature and date of the landscape architect may 
be applied to tracings to produce legible reproduction of th e 
drawings or to reprints made fr om the tracings.  This provision, 
however, does not in any manner modify the re quirements of the other 
subsections of this section.   
 
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D.  The license of a landscape architect shall not permit the 
practice of architecture, eng ineering or land surveying, excep t that 
which is incidental, meaning less than ten percent (10%) of the 
total cost of the total project, to the practice of landscape 
architecture.  No landscape architect shall permit his or her seal 
to be affixed to any pl ans, specifications or drawings i f such 
portions thereof as are involved in the practice of his or her 
particular profession were not prepared by or under the landscape 
architect's responsible control. 
SECTION 22.     AMENDATORY     59 O.S. 2021, Section 46.38, is 
amended to read as follows: 
Section 46.38 A.  Except as otherwise provided in the Stat e 
Architectural and Registered Commercial Licensed Interior Designers 
Act, no registration license shall be issued to any person to 
represent that the person is a "registered commercial licensed 
interior designer" nor shall any person be allowed to use the term 
or practice licensed interior design unless the person pays to the 
Board the required fees and/or penalties if applicable as 
established by the rules of the Board and: 
1.  Holds an accredited professional degree in interior design 
from an interior design program accredited by the Council for 
Interior Design Accreditation or its successo r, or from an interior 
design program determined by the Board to be substantially 
equivalent to an accredited program;   
 
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2.  Provides proof of a minimum of two (2) years of full-time 
diversified and appropriate experience within established standards 
as the Board shall prescribe; and 
3. Provides to the Board proof of passage of the examination 
administered by the Council for Interior Design Qualification or its 
successor or an equivalent examination as determined by the Board. 
B. The Board may waive the req uirements of the State 
Architectural and Registered Commercial Licensed Interior Designers 
Act for an individual who holds a current valid registration or 
license from another state, jurisdiction or foreign country where 
the requirements for registration or licensure are substantially 
equivalent to those required for registration licensure in this 
state and pays the required fees and/or penalties, if applicable, to 
the Board. 
C.  This section does not apply to a person licensed to practice 
architecture pursuant to the laws of this state. 
D. Nothing in this act shall be constru ed to authorize the 
Board to regulate or prohibit persons who are rendering interior 
design services and are not registered commercial licensed interior 
designers under the provisions of this act or to adopt regulations 
that would exceed the powers and responsibili ties expressly 
authorized under this act. 
E. Certificate of title authority shall be subject to the 
following:   
 
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1.  The use of the title "Registered Commercial Licensed 
Interior Designer" by a partnership, firm, association, corporation, 
limited liability company or limited liability partnership is 
allowed to those entities listed, provided: 
a. one or more of the directors, partners, officers, 
shareholders, members, managers, o r principals is a 
registered commercial licensed interior designer and 
is in good standing with the Board, and 
b. the partnership, firm, association, corporation, 
limited liability company or limited liability 
partnership has been issued a certificate of title 
authority by the Board; 
2.  The Board shall have the power to issue, revoke, deny o r 
refuse to renew a certificate of title authority for a partnership, 
firm, association, corporation, limited liabil ity company or limited 
liability partnership as provided for i n this act; 
3.  A partnership, firm, association, corporation, limited 
liability company or limited liability partnership shall file with 
the Board an applica tion for a certificate of title authority on a 
form approved by the B oard which shall include the names, addresses, 
state of registration or licensure and registration or license  
number of all directors, partners, officers, s hareholders, members, 
managers or principals of the partnership, firm, association, 
corporation, limited liability company o r limited liability   
 
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partnership.  In the event there shall be a change in any of t hese 
persons during the term of certification, the change shall be filed 
with the Board within thirty (30) days after the effective date of 
the change. If all the requiremen ts of this section and the Board 's 
current rules have been met, the Board shall is sue a certificate of 
title authority to the partnership, firm, association, corp oration, 
limited liability company or limited liability partnership; 
4.  The Secretary of State shall not issue a certificate of 
incorporation or register a foreign corporation or any other entity 
which includes among the obje ctives for which it is establi shed the 
words "Registered Commercial Licensed Interior Designer" or any 
modification or derivation of these words, unless the Board has 
issued for the applicant either a certi ficate of title for an 
entity, or a letter indicat ing the eligibility for an exe mption 
pursuant to the requirements of this act .  The firm applying shall 
supply the certificate of title authority or letter from the Board 
with its application for incorporat ion or registration; 
5. The Secretary of State sh all not register any trade nam e or 
service mark which includes such the words as set forth in paragraph 
4 of this subsection , or modification or derivative s thereof in its 
firm name or logotype except those entities or individuals holding 
certificates of title authority issued under the provisions of this 
section or letters of eligibility issued by the Board; and   
 
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6.  Upon application for renewal and upon compliance w ith the 
provisions of this act and the rul es of the Board, a certificate of 
title authority shall be renewed as provided b y this act. 
F. No registration license for registered commercial licensed 
interior designers or a certificate of title authority for a 
partnership, firm, association, corporation, limited liability 
company or limited liabilit y partnership, shall be issued or renewed 
for longer than two (2) years .  A registration license or 
certificate of title authority may be renewed upon application, 
compliance with the rules of the Bo ard and payment of fees prior to 
or on June 30 of alternate years .  The registration for registered 
commercial interior designers shall begin July 1, 2007, and shall 
end June 30, 2009, unless renewed ev ery two (2) years thereafter . A 
new registration license to replace a lost, destroyed or mutilated 
registration license shall be issued by the Board upon payment of a 
fee established in accordance with the rules of the Board. 
SECTION 23.     AMENDATORY     59 O.S. 2021, Section 46.39, is 
amended to read as follows: 
Section 46.39 Any person who applies to become a registered 
commercial licensed interior designer and remits the application and 
initial fees after July 1, 2007, shall be registered licensed by the 
Board of Governors of the Licensed Architects, Landscape Architects 
and Registered Commercial Licensed Interior Designers of Oklahoma if 
an applicant demonstrate s, in accordance with this act, or in   
 
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compliance with the Military Service Occupation, Education and 
Credentialing Act and requirements as the Board adopts by rule, that 
the applicant has the interior design educat ion and training that 
the Board deems equi valent to an accredited professional degree in 
interior design and the applicant has passed the examination of the 
Council for Interior Design Qualification or its successor, or an 
equivalent examination as determi ned by the Board. 
In lieu of the requireme nt of any professional degree, an 
applicant may provide documented proof of diversified and 
appropriate experience in the practice of interior design for a 
period of six (6) years and the applicant has passed the e xamination 
of the Council for Interior Des ign Qualification or its successor, 
or an equivalent examination as determined by the Board. 
The Board has the authority to issue temporary registrations 
licenses while qualifying the applicant in compliance with t he 
Military Service Occupation, Education and Credentialing Act. 
SECTION 24.     AMENDATORY     59 O.S. 2021, Section 46.40, is 
amended to read as follows: 
Section 46.40 A.  The Board of Governors of the Licensed 
Architects, Landscape Architects and Registered Commercial Licensed 
Interior Designers of Oklahoma may waive th e educational and 
examination requirements of the State Architectural and Registered 
Commercial Licensed Interior Designers Act for persons with 
diversified and appro priate experience in the practice of interior   
 
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design for a period of fifteen (15) years prior to Ju ly 1, 2007, if 
the person is not registered licensed under the State Architectura l 
and Registered Commercial Licensed Interior Designers Act and not 
exempt from the requirement for registration licensure in order to 
use the title "Registered Commercial Licensed Interior Designer". 
B.  The State Architectural and Registered Commercial Licensed 
Interior Designers Act shall not be construed to prohibit or 
interfere with the ability of a licensed an architect to perform 
those activities that are associated with hi s or her practice as 
provided under the provis ions of the State Architectural and 
Registered Commercial Licensed Interior Designers Act. 
SECTION 25.     AMENDATORY     5 9 O.S. 2021, Section 46.41, is 
amended to read as follows: 
Section 46.41 A.  It shall be unlawful for any person o r entity 
to use the title "Registered Commercial Licensed Interior Designer" 
or any other derivation of these wor ds to indicate that the pers on 
or entity is registered licensed under the provisions of the State 
Architectural and Registered Commercial Licensed Interior Designers 
Act or engages in the practice of licensed inter ior design, if the 
person is not registered licensed under this act. 
B.  Any person who holds himself or herself out as a registered 
commercial licensed interior designer, adverti ses, puts out any 
sign, card or drawing s in this state designating himself or herself 
as a "Registered Commercial Licensed Interior Designer" or uses some   
 
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form of the term in the title of a profession or business or engages 
in the practice of licensed interior design without first having 
complied with the provisions of the State Architectural and 
Registered Commercial Licensed Interior Designers Ac t shall be 
deemed guilty of a mis demeanor. 
SECTION 26.     AMENDATORY     59 O.S. 2021, Section 46.42, is 
amended to read as follows: 
Section 46.42 Each registered commercial licensed interior 
designer shall have a seal, the image of whic h must contain the name 
of the registered commercial licensed interior designer, the 
person's registration license number and the words, "Registered 
Commercial Licensed Interior Designer, State of Oklahoma".  All 
technical submissions prepared by such registered commercial 
licensed interior designer, or under the responsible control of the 
registered commercial licensed interior designer, shall be seale d, 
signed and dated, which shall mean that the registered commercial 
licensed interior designer was in res ponsible control over the 
content of such technical submissions during their preparation and 
has applied the required professional standard of care, u nless 
prepared under the responsible control of an architect licensed in 
this state and signed and sealed by that licensed architect.  No 
registered commercial licensed interior designer may sign or seal 
interior technical submissions unless they were prep ared by or under   
 
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the responsible control of the registered commercial licensed 
interior designer, except that: 
1.  The person may sign or seal those portions of the technical 
submissions that were prepared by or under the responsible control 
of persons who are registered licensed under the State Archi tectural 
and Registered Commercial Licensed Interior Designers Act if the 
licensed interior designer has reviewed an d adapted in whole or in 
part such portions and has either coordinated their preparation or 
integrated them into the work .  The seal may be a rubber stamp or 
may be generated electronically, pursuant to rules adopted by the 
Board; and 
2.  Registered commercial Licensed interior designers may submit 
technical submissions, excluding fire and life safety systems, for 
nonstructural interior construction fo r the Code Use Groups as 
defined and listed in Section 46.2 1b of Title 59 of the Oklahoma 
Statutes this title. 
SECTION 27.     AMENDATORY     59 O.S. 2021, Section 46.45, is 
amended to read as follows: 
Section 46.45 The privilege of engagi ng in practice as a 
registered commercial licensed interior designer is persona l based 
upon the qualifications o f the individual and evidenced by the 
individual's registration license.  The registration license is not 
transferable.   
 
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SECTION 28.     AMENDATORY     59 O.S. 2021, Section 46.46, is 
amended to read as foll ows: 
Section 46.46 The Board of Governors of the Licensed 
Architects, Landscape Architects and Registered Commercial Licensed 
Interior Designers of Oklahoma may restore a registration license to 
any person whose registration license has lapsed or has been revoked 
or suspended.  Application for the reissuance of a registration 
license shall be made in the manner as the Board may direct.  The 
fees prescribed by the rules shall acc ompany the application for 
reissuance. 
SECTION 29.     AMENDATORY     59 O.S. 2021, Section 46. 47, is 
amended to read as follows: 
Section 46.47 Registration Licensure under the State 
Architectural and Registered Commercial Licensed Interior Designers 
Act shall not authorize a registered commercial licensed interior 
designer to engage in the practice of architecture or landsca pe 
architecture as described herein. 
SECTION 30.  This act shall become effective July 1, 2023. 
SECTION 31.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof thi s act shall take effect and 
be in full force from and after its passage and ap proval. 
 
59-1-5049 LRB 01/16/23