SECTION 5.152. Competence

(a) A Registered Interior Designer shall undertake to perform a professional service only when the Registered Interior Designer, together with those whom the Registered Interior Designer shall engage as consultants, is qualified by education and/or experience in the specific technical areas involved. During the delivery of a professional service, a Registered Interior Designer shall act with reasonable care and competence and shall apply the technical knowledge and skill which is ordinarily applied by reasonably prudent Registered Interior Designers practicing under similar circumstances and conditions.

(b) A Registered Interior Designer shall not affix his/her signature or seal to any Interior Design plan or document dealing with subject matter in which he/she is not qualified by education and/or experience to form a reasonable judgment.

(c) "Gross Incompetency" shall be grounds for disciplinary action by the Board. A Registered Interior Designer may be found to be grossly incompetent under any of the following circumstances:

(1) the Registered Interior Designer has engaged in conduct that provided evidence of an inability or lack of skill or knowledge necessary to discharge the duty and responsibility required of a Registered Interior Designer;

(2) the Registered Interior Designer engaged in conduct which provided evidence of an extreme lack of knowledge of, or an inability or unwillingness to apply, the principles or skills generally expected of a reasonably prudent Registered Interior Designer under the same or similar circumstances;

(3) the Registered Interior Designer has been adjudicated mentally incompetent by a court; or

(4) pursuant to §5.159(b) of this title (relating to Substance Abuse).

Source Note: The provisions of this §5.152 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective June 13, 2010, 35 TexReg 4707; amended to be effective March 3, 2013, 38 TexReg 1184