(a) A Registered Interior Designer shall not practice Interior Design in any manner which, when measured by generally accepted Interior Design standards or procedures, is reasonably likely to result or does result in the endangerment of the safety, health, or welfare of the public.
(b) "Recklessness" shall be grounds for disciplinary action by the Board. "Recklessness" shall include the following practices:
(1) conduct which indicates that the Registered Interior Designer is aware of yet consciously disregards a substantial risk of such a nature that its disregard constitutes a significant deviation from the standard of care that a reasonably prudent Registered Interior Designer would exercise under the circumstances;
(2) knowing failure to exercise ordinary care and attention toward the intended result when a procedure, technique, material, or system is employed as a result of a decision made by the Registered Interior Designer and such failure jeopardizes any person's health, safety, or welfare; or
(3) action which demonstrates a conscious disregard for compliance with a statute, regulation, code, ordinance, or recognized standard applicable to the design or construction of a particular project when such disregard jeopardizes any person's health, safety, or welfare.
Source Note: The provisions of this §5.153 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective June 13, 2010, 35 TexReg 4707