|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1424 Introduced , by Rep. Robert Rita SYNOPSIS AS INTRODUCED:
|
| |
Amends the Regulatory Sunset Act. Extends the repeal date of the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 from January 1, 2016 to January 1, 2026. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides for the licensure of barber stylists and spa technicians. Makes changes in provisions concerning: definitions; licensure renewal and continuing education requirements; display of license; exceptions to the Act; qualifications for licensure; professionals licensed or registered elsewhere; the definition of "cosmetology"; examinations; continuing education; investigations by the Department of Financial and Professional Regulation; the definition of "hair braiding"; the powers and duties of the Department; and disciplinary actions. Requires a 30-day correction period be provided to approved schools found in violation of the Act (now, discretionary). Requires the Attorney General or a state's attorney to open an investigation whenever allegations of certain violations are raised against an approved school. Requires changes in the Board's composition in order to reflect the newly licensed professions. Provides for a salon/barber shop/braiding salon license (rather than a certificate of registration). Makes other changes. Effective immediately.
| |
| | |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | HB1424 | | LRB099 06559 HAF 26632 b |
|
|
| 1 | | AN ACT concerning regulation.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing |
| 5 | | Section 4.26 and by adding Section 4.36 as follows:
|
| 6 | | (5 ILCS 80/4.26)
|
| 7 | | Sec. 4.26. Acts repealed on January 1, 2016. The following |
| 8 | | Acts are repealed on January 1, 2016: |
| 9 | | The Illinois Athletic Trainers Practice Act.
|
| 10 | | The Illinois Roofing Industry Licensing Act.
|
| 11 | | The Illinois Dental Practice Act.
|
| 12 | | The Collection Agency Act.
|
| 13 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and |
| 14 | | Nail Technology Act of 1985.
|
| 15 | | The Respiratory Care Practice Act.
|
| 16 | | The Hearing Instrument Consumer Protection Act.
|
| 17 | | The Illinois Physical Therapy Act.
|
| 18 | | The Professional Geologist Licensing Act. |
| 19 | | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; |
| 20 | | 96-1246, eff. 1-1-11.)
|
| 21 | | (5 ILCS 80/4.36 new) |
| 22 | | Sec. 4.36. Act repealed on January 1, 2026. The following |
|
| | HB1424 | - 2 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | Act is repealed on January 1, 2026: |
| 2 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and |
| 3 | | Nail Technology Act of 1985.
|
| 4 | | Section 10. The Barber, Cosmetology, Esthetics, Hair |
| 5 | | Braiding, and Nail
Technology Act of 1985 is amended by |
| 6 | | changing Sections 1-4, 1-7, 1-10, 1-11, 2-4, 2-4a, 2-7, 2A-7, |
| 7 | | 3-1, 3-4, 3-6, 3-7, 3-7.1, 3-8, 3A-3, 3A-5, 3A-6, 3A-7, 3B-2, |
| 8 | | 3B-3, 3B-10, 3B-15, 3C-1, 3C-2, 3C-3, 3C-7, 3C-8, 3C-9, 3D-5, |
| 9 | | 3E-1, 3E-2, 3E-3, 3E-5, 4-1, 4-2, 4-4, 4-7, 4-9, 4-19, and 4-20 |
| 10 | | and the heading of Article IIIE and by adding Articles IIB and |
| 11 | | IIIF as follows:
|
| 12 | | (225 ILCS 410/1-4)
|
| 13 | | (Section scheduled to be repealed on January 1, 2016)
|
| 14 | | Sec. 1-4. Definitions. In this Act the following words |
| 15 | | shall have the
following meanings:
|
| 16 | | "Board" means the Barber, Cosmetology, Esthetics, Hair |
| 17 | | Braiding, and Nail Technology Board.
|
| 18 | | "Department" means the Department of Financial and |
| 19 | | Professional Regulation.
|
| 20 | | "Licensed barber" means an individual licensed by the |
| 21 | | Department
to practice barbering as defined in this Act and |
| 22 | | whose
license is in good standing.
|
| 23 | | "Licensed cosmetologist" means an individual licensed by |
| 24 | | the
Department to practice cosmetology, nail technology, hair |
|
| | HB1424 | - 3 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | braiding, and esthetics as
defined in this Act and whose |
| 2 | | license is in good standing.
|
| 3 | | "Licensed esthetician" means an individual
licensed by the
|
| 4 | | Department to practice esthetics as defined in this Act and |
| 5 | | whose
license is in good standing.
|
| 6 | | "Licensed nail technician" means any individual
licensed |
| 7 | | by
the Department to practice nail technology as defined in |
| 8 | | this Act and whose
license is in good standing.
|
| 9 | | "Licensed barber teacher/instructor" means an individual
|
| 10 | | licensed
by the Department to practice barbering as defined in |
| 11 | | this Act
and to provide instruction in the theory and practice |
| 12 | | of barbering to students in an approved barber school.
|
| 13 | | "Licensed cosmetology, esthetics, and nail technology |
| 14 | | teacher/instructor" and licensed cosmetologist, esthetician, |
| 15 | | and nail technician mean means an individual
licensed by the |
| 16 | | Department to practice cosmetology,
esthetics, hair braiding, |
| 17 | | and nail technology as defined in this Act
and to provide |
| 18 | | instruction in the theory and
practice of cosmetology, |
| 19 | | esthetics, and nail technology to
students in an approved |
| 20 | | cosmetology, esthetics, or nail technology school.
|
| 21 | | "Licensed cosmetology clinic teacher" means an individual |
| 22 | | licensed by the
Department to practice cosmetology, esthetics, |
| 23 | | and nail technology as defined
in this Act and to provide |
| 24 | | clinical instruction in the practice of cosmetology,
|
| 25 | | esthetics, hair braiding, and nail technology in an approved |
| 26 | | school of cosmetology, esthetics,
or nail technology.
|
|
| | HB1424 | - 4 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | "Licensed esthetics teacher/instructor" means an |
| 2 | | individual
licensed by
the Department to practice esthetics as |
| 3 | | defined in this Act and to provide
instruction in the theory |
| 4 | | and practice of esthetics
to students in an approved |
| 5 | | cosmetology or esthetics school.
|
| 6 | | "Licensed hair braider" means any individual licensed by |
| 7 | | the Department to practice hair braiding as defined in Section |
| 8 | | 3E-1 and whose license is in good standing. |
| 9 | | "Licensed hair braiding teacher/instructor" means an |
| 10 | | individual licensed by the Department to practice hair braiding |
| 11 | | and to provide instruction in the theory and practice of hair |
| 12 | | braiding to students in an approved cosmetology or hair |
| 13 | | braiding school. |
| 14 | | "Licensed nail technology teacher/instructor" means an |
| 15 | | individual
licensed by the Department to practice nail |
| 16 | | technology and
to provide instruction in the theory and
|
| 17 | | practice of nail technology to students in an approved nail |
| 18 | | technology school
or cosmetology school.
|
| 19 | | Licensed barber stylist means an individual licensed by the |
| 20 | | Department to practice barbering and cosmetology as defined in |
| 21 | | this Act and whose license is in good standing. |
| 22 | | Licensed spa technician means an individual licensed by the |
| 23 | | Department to practice esthetics and nail technology as defined |
| 24 | | in this Act and whose license is in good standing. |
| 25 | | Licensed salon/barber shop/braiding salon means a business |
| 26 | | licensed by the Department to practice barbering, cosmetology, |
|
| | HB1424 | - 5 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | nail technology, esthetics, or hair braiding as defined in this |
| 2 | | Act and whose license is in good standing. |
| 3 | | "Enrollment" is the date upon which the student signs an
|
| 4 | | enrollment agreement or student contract.
|
| 5 | | "Enrollment agreement" or "student contract" is any |
| 6 | | agreement,
instrument, or contract however named, which |
| 7 | | creates or evidences an
obligation binding a student to |
| 8 | | purchase a course of instruction from a school.
|
| 9 | | "Enrollment time" means the maximum number of hours a |
| 10 | | student
could have attended class, whether or not the student |
| 11 | | did in fact attend
all those hours.
|
| 12 | | "Elapsed enrollment time" means the enrollment time |
| 13 | | elapsed between
the actual starting date and the date of the |
| 14 | | student's last day of physical
attendance in the school.
|
| 15 | | "Secretary" means the Secretary of the Department of |
| 16 | | Financial and Professional Regulation. |
| 17 | | "Threading" means any technique that results in the removal |
| 18 | | of superfluous hair from the body by twisting thread around |
| 19 | | unwanted hair and then pulling it from the skin; and may also |
| 20 | | include the incidental trimming of eyebrow hair. |
| 21 | | (Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12; |
| 22 | | 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
|
| 23 | | (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
|
| 24 | | (Section scheduled to be repealed on January 1, 2016)
|
| 25 | | Sec. 1-7. Licensure required; renewal.
|
|
| | HB1424 | - 6 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (a) It is unlawful for any person to practice, or to hold |
| 2 | | himself or
herself out to be a cosmetologist, esthetician, nail |
| 3 | | technician, hair braider, or
barber, barber stylist, or spa |
| 4 | | technician without a license as a cosmetologist,
esthetician, |
| 5 | | nail technician, hair braider, or barber, barber stylist, or |
| 6 | | spa technician issued by the Department of Financial and
|
| 7 | | Professional Regulation pursuant to the provisions of this Act |
| 8 | | and of the
Civil Administrative Code of Illinois. It is also |
| 9 | | unlawful for any person,
firm, partnership, or corporation to |
| 10 | | own, operate, or conduct a
cosmetology, esthetics, nail |
| 11 | | technology, hair braiding salon, or barber school
without a |
| 12 | | license
issued by the Department or to own or operate a |
| 13 | | cosmetology, esthetics, nail
technology, or hair braiding |
| 14 | | salon or barber shop without a license certificate of |
| 15 | | registration issued
by the Department. It is further unlawful |
| 16 | | for any person to teach or instruct in any
cosmetology, |
| 17 | | esthetics, nail technology, hair braiding, or barber college or |
| 18 | | school
approved by the Department or hold himself or herself |
| 19 | | out as a cosmetology,
esthetics, hair braiding, nail |
| 20 | | technology, or barber teacher without a license as a |
| 21 | | teacher/instructor ,
issued by the Department
or as a |
| 22 | | cosmetology clinic teacher without a license as a clinic |
| 23 | | teacher issued
by the
Department.
|
| 24 | | (b) Notwithstanding any other provision of this Act, a |
| 25 | | person licensed as a
cosmetologist may hold himself or herself |
| 26 | | out as
an esthetician or nail technician and may engage in the |
|
| | HB1424 | - 7 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | practice of esthetics and nail technology, as defined in this
|
| 2 | | Act, without being licensed as an esthetician or nail |
| 3 | | technician. A person
licensed as a cosmetology, esthetics, and |
| 4 | | nail technology teacher/instructor may
teach esthetics and |
| 5 | | nail technology or hold himself or herself out as an esthetics |
| 6 | | and nail technology teacher/instructor without
being licensed |
| 7 | | as an esthetics or nail technology teacher/instructor. A person
|
| 8 | | licensed as a cosmetologist may hold himself or herself out
as |
| 9 | | a nail technician and may engage in the practice of nail |
| 10 | | technology, as
defined in this Act, without being licensed as a |
| 11 | | nail
technician. A person licensed as a cosmetology teacher may
|
| 12 | | teach nail technology and hold himself or herself out as a nail |
| 13 | | technology
teacher without being licensed as a nail
technology |
| 14 | | teacher. A person licensed as a cosmetologist may hold himself |
| 15 | | or herself out as a hair braider and may engage in the practice |
| 16 | | of hair braiding, as defined in this Act, without being |
| 17 | | licensed as a hair braider. A person licensed as a cosmetology, |
| 18 | | esthetics, and nail technology teacher/instructor may teach |
| 19 | | hair braiding and hold himself or herself out as a hair |
| 20 | | braiding teacher without being licensed as a hair braiding |
| 21 | | teacher/instructor. A person licensed as a barber stylist may |
| 22 | | hold himself or herself out as a barber or cosmetologist and |
| 23 | | may engage in the practices of barbering and cosmetology, as |
| 24 | | defined in this Act, without being licensed as a barber or |
| 25 | | cosmetologist. A person licensed as a spa technician may hold |
| 26 | | himself or herself out as a nail technician or esthetician and |
|
| | HB1424 | - 8 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | may engage in the practices of nail technology and esthetics, |
| 2 | | as defined in this Act, without being licensed as a nail |
| 3 | | technician or esthetician.
|
| 4 | | (c) A person licensed as a barber teacher/instructor may |
| 5 | | hold himself or herself out
as a barber and may practice |
| 6 | | barbering without a license as a barber. A person
licensed as a |
| 7 | | cosmetology teacher/instructor may hold himself or herself out |
| 8 | | as a
cosmetologist, esthetician, hair braider, and nail |
| 9 | | technologist and may practice cosmetology,
esthetics, hair |
| 10 | | braiding, and nail technology without a license as a |
| 11 | | cosmetologist,
esthetician, hair braider, or nail |
| 12 | | technologist. A person licensed as an esthetics |
| 13 | | teacher/instructor
may hold himself or herself out as an |
| 14 | | esthetician without being licensed as an
esthetician and may |
| 15 | | practice esthetics. A person licensed as a nail technician
|
| 16 | | teacher may practice nail technology and may hold himself or |
| 17 | | herself out as a
nail technologist without being licensed as a |
| 18 | | nail technologist. A person licensed as a hair braiding |
| 19 | | teacher/instructor may practice hair braiding and may hold |
| 20 | | himself or herself out as a hair braider without being licensed |
| 21 | | as a hair braider.
|
| 22 | | (d) The holder of a license issued under this Act may renew |
| 23 | | that license during the month preceding the expiration date of |
| 24 | | the license by paying the required fee.
|
| 25 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
|
| | HB1424 | - 9 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
|
| 2 | | (Section scheduled to be repealed on January 1, 2016)
|
| 3 | | Sec. 1-10. Display. Every holder of a
license shall display |
| 4 | | it in a place in the
holder's principal office, place of |
| 5 | | business or place of employment.
Whenever a licensed |
| 6 | | cosmetologist, esthetician, nail
technician, hair braider, or |
| 7 | | barber, barber stylist, or spa technician practices |
| 8 | | cosmetology, esthetics, nail technology, hair braiding, or
|
| 9 | | barbering outside of or away from the cosmetologist's, |
| 10 | | esthetician's, nail
technician's, hair braider's, or barber's |
| 11 | | principal office, place of business, or place of
employment, |
| 12 | | the cosmetologist, esthetician, nail technician, hair braider, |
| 13 | | or barber, barber stylist, or spa technician shall
deliver to |
| 14 | | each person served a certificate of identification in a form
|
| 15 | | specified by the Department.
|
| 16 | | Every licensed registered shop shall display its license |
| 17 | | certificate of registration at the
location of the shop. Each |
| 18 | | shop where barber, cosmetology, esthetics, hair braiding, or |
| 19 | | nail
technology services are provided shall have a license |
| 20 | | certificate of registration.
|
| 21 | | (Source: P.A. 96-1246, eff. 1-1-11.)
|
| 22 | | (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
|
| 23 | | (Section scheduled to be repealed on January 1, 2016)
|
| 24 | | Sec. 1-11. Exceptions to Act.
|
| 25 | | (a) Nothing in this Act shall be construed to apply to the |
|
| | HB1424 | - 10 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | educational
activities conducted in connection with any |
| 2 | | monthly, annual or other
special educational program of any |
| 3 | | bona fide association of licensed
cosmetologists, |
| 4 | | estheticians, nail technicians, hair braiders, or barbers, |
| 5 | | barber stylists, or spa technicians or
licensed cosmetology, |
| 6 | | esthetics, nail technology, hair braiding, or barber
schools |
| 7 | | from which the general public is excluded.
|
| 8 | | (b) Nothing in this Act shall be construed to apply to the |
| 9 | | activities
and services of registered nurses or licensed |
| 10 | | practical nurses, as defined in
the Nurse Practice Act, or to |
| 11 | | personal care or health
care services
provided by individuals |
| 12 | | in the performance of their duties as employed or
authorized by |
| 13 | | facilities or programs licensed or certified by State agencies.
|
| 14 | | As used in this subsection (b), "personal care" means |
| 15 | | assistance with meals,
dressing, movement, bathing, or other |
| 16 | | personal needs or maintenance or general
supervision and |
| 17 | | oversight of the physical and mental well-being of an
|
| 18 | | individual who is incapable of maintaining a private,
|
| 19 | | independent residence or who is incapable of managing his or |
| 20 | | her person whether
or not a guardian has been appointed for |
| 21 | | that individual.
The definition of "personal care" as used in |
| 22 | | this subsection (b) shall not
otherwise be construed to negate |
| 23 | | the requirements of this Act or its rules.
|
| 24 | | (c) Nothing in this Act shall be deemed to require |
| 25 | | licensure of
individuals employed by the motion picture, film, |
| 26 | | television, stage play or
related industry for the purpose of |
|
| | HB1424 | - 11 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | providing cosmetology or esthetics
services to actors of that |
| 2 | | industry while engaged in the practice of
cosmetology or |
| 3 | | esthetics as a part of that person's employment.
|
| 4 | | (Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
|
| 5 | | (225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
|
| 6 | | (Section scheduled to be repealed on January 1, 2016)
|
| 7 | | Sec. 2-4. Licensure as a barber
teacher/instructor; |
| 8 | | qualifications. A person is qualified to receive a license as a |
| 9 | | barber teacher/instructor if that person files an
application |
| 10 | | on forms provided by the Department, pays the required fee, |
| 11 | | and: |
| 12 | | a. Is at least 18 years of age;
|
| 13 | | b. Has graduated from high school or its equivalent;
|
| 14 | | c. Has a current license as a barber or cosmetologist;
|
| 15 | | d. Has graduated from a barber school or school of |
| 16 | | cosmetology approved by the Department
having:
|
| 17 | | (1) completed a total of 500 hours in barber |
| 18 | | teacher/instructor training extending
over a period of |
| 19 | | not less than 3 months nor more than 2 years and has |
| 20 | | had 3
years of practical experience as a licensed |
| 21 | | barber;
|
| 22 | | (2) completed a total of 1,000 hours of barber |
| 23 | | teacher/instructor training extending
over a period of |
| 24 | | not less than 6 months nor more than 2 years; or
|
| 25 | | (3) completed the cosmetology teacher/instructor |
|
| | HB1424 | - 12 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | training as specified in paragraph (4) of subsection |
| 2 | | (a) of Section 3-4 of this Act and completed a |
| 3 | | supplemental barbering course as established by rule; |
| 4 | | and |
| 5 | | e. Has passed an examination authorized by the |
| 6 | | Department
to determine fitness to receive a license
as a |
| 7 | | barber teacher/instructor or a cosmetology |
| 8 | | teacher/instructor; and
|
| 9 | | f. Has met any other requirements set forth in this |
| 10 | | Act.
|
| 11 | | An applicant who is issued a license as a barber |
| 12 | | teacher/instructor Barber Teacher is not required
to maintain a |
| 13 | | barber license in order to practice barbering as defined in |
| 14 | | this
Act.
|
| 15 | | (Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15; |
| 16 | | revised 11-25-14.)
|
| 17 | | (225 ILCS 410/2-4a) (from Ch. 111, par. 1702-4a)
|
| 18 | | (Section scheduled to be repealed on January 1, 2016)
|
| 19 | | Sec. 2-4a. Barbers licensed or registered elsewhere. An |
| 20 | | applicant who is a barber registered or licensed under
the laws |
| 21 | | of another state or territory of the United States or of a |
| 22 | | foreign
country or province may, without examination, be |
| 23 | | granted a license as a barber by the Department in
its |
| 24 | | discretion upon filing of an application on forms provided by |
| 25 | | the
Department, paying the required fee, and meeting the |
|
| | HB1424 | - 13 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | following conditions:
|
| 2 | | (a) the applicant is at least 16 years of age; and
|
| 3 | | (b) the requirements for the registration or licensure |
| 4 | | of barbers in the particular state, territory, country or
|
| 5 | | province were at the date of the license, substantially |
| 6 | | equivalent to the
requirements then in force in this State; |
| 7 | | or the applicant has
established proof of legal practice in |
| 8 | | another jurisdiction for at least 3
years.
|
| 9 | | The Department shall prescribe reasonable rules and |
| 10 | | regulations governing
the recognition of and the credit to be |
| 11 | | given to the study of barbering
under the laws of another state |
| 12 | | or territory of the United States or a
foreign country or |
| 13 | | province by an applicant for a license as a barber or barber
|
| 14 | | teacher/instructor, and for the
recognition of legal practice |
| 15 | | in another jurisdiction towards the education
required under |
| 16 | | this Act.
|
| 17 | | (Source: P.A. 89-387, eff. 1-1-96.)
|
| 18 | | (225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)
|
| 19 | | (Section scheduled to be repealed on January 1, 2016)
|
| 20 | | Sec. 2-7. Examination of applicants. The Department shall |
| 21 | | hold examinations
of applicants for licensure as barbers and |
| 22 | | teachers/instructors of barbering at such times
and places as |
| 23 | | it
may determine. Upon request, the examinations shall be |
| 24 | | administered in
Spanish.
|
| 25 | | Each applicant shall be given a written examination testing |
|
| | HB1424 | - 14 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | both
theoretical and practical knowledge of the following |
| 2 | | subjects insofar as
they are related and applicable to the |
| 3 | | practice of barber science and
art: (1) anatomy, (2) |
| 4 | | physiology, (3) skin diseases, (4) hygiene and
sanitation, (5) |
| 5 | | barber history, (6) barber law, (7) hair cutting and
styling, |
| 6 | | (8) shaving, shampooing, and permanent waving, (9) massaging, |
| 7 | | (10)
bleaching, tinting, and coloring, and
(11) implements.
|
| 8 | | The examination of applicants for licensure
as a barber
|
| 9 | | teacher/instructor shall include: (a) practice of barbering |
| 10 | | and styling, (b)
theory of barbering, (c) methods of teaching, |
| 11 | | and (d) school management.
|
| 12 | | This Act does not prohibit the practice as a barber or |
| 13 | | barber teacher/instructor by
one who has applied in writing to |
| 14 | | the Department, in form and substance
satisfactory to the |
| 15 | | Department, for a license and has complied with all the
|
| 16 | | provisions of this Act in order to
qualify for a license except |
| 17 | | the passing
of an examination, until: (a)
the expiration of 6 |
| 18 | | months after the filing of such written application, or (b)
the |
| 19 | | decision of the Department that the applicant has failed to |
| 20 | | pass an
examination within 6 months or failed without an |
| 21 | | approved excuse to take an
examination conducted within 6 |
| 22 | | months by the Department, or (c) the withdrawal
of the |
| 23 | | application.
|
| 24 | | (Source: P.A. 94-451, eff. 12-31-05.)
|
| 25 | | (225 ILCS 410/2A-7)
|
|
| | HB1424 | - 15 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (Section scheduled to be repealed on January 1, 2015)
|
| 2 | | Sec. 2A-7. Requirements for licensure as barber school. No |
| 3 | | person, firm, or
corporation may own, operate, or conduct a |
| 4 | | school or college of barbering
for the purpose of teaching |
| 5 | | barbering for compensation unless licensed by the Department. A |
| 6 | | licensed school is a postsecondary educational institution |
| 7 | | authorized by the Department to provide a postsecondary |
| 8 | | education program in compliance with the requirements of this |
| 9 | | Act. An applicant shall apply to the Department on forms |
| 10 | | provided by the Department, pay the
required fees, and comply |
| 11 | | with the following requirements:
|
| 12 | | 1. The applicant must submit to the Department for |
| 13 | | approval:
|
| 14 | | a. A floor plan, drawn to a scale specified on the |
| 15 | | floor plan,
showing every detail of the proposed |
| 16 | | school; and
|
| 17 | | b. A lease commitment or proof of ownership for the |
| 18 | | location of the
proposed school; a lease commitment |
| 19 | | must provide for execution of the lease
upon the |
| 20 | | Department's approval of the school's application and |
| 21 | | the lease must
be for a period of at least one year.
|
| 22 | | c. (Blank).
|
| 23 | | 2. An application to own or operate a school shall |
| 24 | | include the following: |
| 25 | | a. If the owner is a corporation, a copy of the |
| 26 | | Articles of
Incorporation; |
|
| | HB1424 | - 16 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | b. If the owner is a partnership, a listing of all |
| 2 | | partners and their
current addresses; |
| 3 | | c. If the applicant is an owner, a completed |
| 4 | | financial statement showing
the owner's ability to |
| 5 | | operate the school for at least 3 months; |
| 6 | | d. A copy of the official enrollment agreement or |
| 7 | | student contract to be
used by the school, which shall |
| 8 | | be consistent with the requirements of
this Act; |
| 9 | | e. A listing of all teachers/instructors who will |
| 10 | | be in the school's employ,
including their |
| 11 | | teacher/instructor license numbers; |
| 12 | | f. A copy of the curricula that will be followed; |
| 13 | | g. The names, addresses, and current status of all |
| 14 | | schools in which the
applicant has previously owned any |
| 15 | | interest, and a declaration as to whether
any of these |
| 16 | | schools were ever denied accreditation or licensing or |
| 17 | | lost
accreditation or licensing from any governmental |
| 18 | | body or accrediting agency; |
| 19 | | h. Each application for a certificate of approval |
| 20 | | shall be signed and
certified under oath by the |
| 21 | | school's chief managing employee and also by
its |
| 22 | | individual owner or owners; if the applicant is a |
| 23 | | partnership or a
corporation, then the application |
| 24 | | shall be signed and certified under oath by
the |
| 25 | | school's chief managing employee and also by each |
| 26 | | member of the partnership
or each officer of the |
|
| | HB1424 | - 17 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | corporation, as the case may be; |
| 2 | | i. A copy of the school's official transcript; and |
| 3 | | j. The required fee.
|
| 4 | | 3. Each application for a license to operate a
school |
| 5 | | shall also contain the following commitments: |
| 6 | | a. To conduct the school in accordance with this |
| 7 | | Act and the standards
and rules from time to time |
| 8 | | adopted under this Act and to meet standards and
|
| 9 | | requirements at least as stringent as those required by |
| 10 | | Part H of the federal
Higher Education Act of 1965. |
| 11 | | b. To permit the Department to inspect the school |
| 12 | | or classes thereof
from time to time with or without |
| 13 | | notice; and to make available to the
Department, at any |
| 14 | | time when required to do so, information including
|
| 15 | | financial information pertaining to the activities of |
| 16 | | the school required
for the administration of this Act |
| 17 | | and the standards and rules adopted under
this Act; |
| 18 | | c. To utilize only advertising and solicitation |
| 19 | | that is free from
misrepresentation, deception, fraud, |
| 20 | | or other misleading or unfair trade
practices; |
| 21 | | d. To screen applicants to the school prior to |
| 22 | | enrollment pursuant to
the requirements of the |
| 23 | | school's regional or national accrediting agency,
if |
| 24 | | any, and to maintain any and all records of such |
| 25 | | screening; if the
course of instruction is offered in a |
| 26 | | language other than English, the
screening shall also |
|
| | HB1424 | - 18 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | be performed in that language; |
| 2 | | e. To post in a conspicuous place a statement, |
| 3 | | developed by the
Department, of student's rights |
| 4 | | provided under this Act.
|
| 5 | | 4. The applicant shall establish to the satisfaction of |
| 6 | | the Department
that the owner possesses sufficient liquid |
| 7 | | assets to meet the prospective
expenses of the school for a |
| 8 | | period of 3 months. In the discretion of
the Department, |
| 9 | | additional proof of financial ability may be required.
|
| 10 | | 5. The applicant shall comply with all rules of the |
| 11 | | Department determining
the necessary curriculum and |
| 12 | | equipment required for the conduct of the school.
|
| 13 | | 6. The applicant must demonstrate employment of a |
| 14 | | sufficient number of
qualified teachers who are holders of |
| 15 | | a current license issued by the
Department.
|
| 16 | | 7. A final inspection of the barber school shall be |
| 17 | | made by the Department before the school may commence |
| 18 | | classes.
|
| 19 | | 8. A written inspection report must be made by a local |
| 20 | | fire authority or the State Fire Marshal approving the use |
| 21 | | of the proposed premises as a barber school.
|
| 22 | | (Source: P.A. 98-238, eff. 1-1-14. Repealed by P.A. 98-911, |
| 23 | | eff. 1-1-15.)
|
| 24 | | (225 ILCS 410/Art. IIB heading new) |
| 25 | | ARTICLE IIB. BARBER STYLISTS
|
|
| | HB1424 | - 19 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (225 ILCS 410/2B-1 new) |
| 2 | | Sec. 2B-1. Barber styling defined. Any one or any |
| 3 | | combination of the following practices constitutes the |
| 4 | | practice of barber styling when done for cosmetic or |
| 5 | | beautifying purposes and not for the treatment of disease or of |
| 6 | | muscular or nervous disorder: arranging, braiding, dressing, |
| 7 | | styling, cutting, trimming, curling, marcelling, waving, |
| 8 | | chemical restructuring, straightening, smoothing, tinting, |
| 9 | | cleaning, epilating, depilating, shampooing, shaping, |
| 10 | | singeing, bleaching, coloring, or similar work, upon the hair |
| 11 | | of the head or any cranial prosthesis; shaving or trimming the |
| 12 | | beard; cutting or trimming facial hair of any person; any |
| 13 | | practice of manicuring, pedicuring, decorating nails, applying |
| 14 | | sculptured nails or otherwise artificial nails by hand or with |
| 15 | | mechanical or electrical apparatus or appliances, or in any way |
| 16 | | caring for the nails or the skin of the hands or feet, |
| 17 | | including massaging the hands, arms, elbows, feet, lower legs, |
| 18 | | and knees of another person for other than the treatment of |
| 19 | | medical disorders; any practice of epilation or depilation of |
| 20 | | any person; any practice for the purpose of cleansing, |
| 21 | | massaging, or toning the skin of the scalp; beautifying, |
| 22 | | massaging, cleansing, exfoliating, or stimulating the stratum |
| 23 | | corneum of the epidermis by the use of cosmetic preparations, |
| 24 | | body treatments, body wraps, the use of hydrotherapy, or any |
| 25 | | device, electrical, mechanical, or otherwise; applying make-up |
|
| | HB1424 | - 20 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | or eyelashes to any person or lightening hair on the body and |
| 2 | | removing superfluous hair from the body of any person by the |
| 3 | | use of depilatories, waxing, threading, or tweezers. The term |
| 4 | | barber styling does not include the services provided by an |
| 5 | | electrologist. Nail technology is the practice and the study of |
| 6 | | barber styling only to the extent of manicuring, pedicuring, |
| 7 | | decorating, and applying sculptured or otherwise artificial |
| 8 | | nails, or in any way caring for the nail or the skin of the |
| 9 | | hands or feet including massaging the hands, arms, elbows, |
| 10 | | feet, lower legs, and knees. Barber stylists are prohibited |
| 11 | | from using any technique, product, or practice intended to |
| 12 | | affect the living layers of the skin. The term barber styling |
| 13 | | includes rendering advice on what is cosmetically appealing, |
| 14 | | but no person licensed under this Act shall render advice on |
| 15 | | what is appropriate medical treatment for diseases of the skin. |
| 16 | | Purveyors of cosmetics may demonstrate such cosmetic products |
| 17 | | in conjunction with any sales promotion and shall not be |
| 18 | | required to hold a license under this Act. Nothing in this Act |
| 19 | | shall be construed to prohibit the shampooing of hair by |
| 20 | | persons employed for that purpose and who perform that task |
| 21 | | under the direct supervision of a licensed barber, |
| 22 | | cosmetologist, or licensed cosmetology teacher.
|
| 23 | | (225 ILCS 410/2B-2 new) |
| 24 | | Sec. 2B-2. Licensure as a barber stylist; qualifications. A |
| 25 | | person is qualified to receive a license as a barber stylist if |
|
| | HB1424 | - 21 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | that person has applied in writing on forms prescribed by the |
| 2 | | Department, has paid the required fees, and: |
| 3 | | (1) is at least 16 years of age; |
| 4 | | (2) has a certificate of graduation from a school |
| 5 | | providing secondary education, or the recognized |
| 6 | | equivalent of such a certificate, or persons who are beyond |
| 7 | | the age of compulsory school attendance; |
| 8 | | (3) has (A) graduated from a school of cosmetology |
| 9 | | approved by the Department, having completed a total of |
| 10 | | 1,800 hours in the study of barber styling extending over a |
| 11 | | period of not less than 9 months nor more than 3 years |
| 12 | | (time spent in such study under the laws of another state |
| 13 | | or territory of the United States or of a foreign country |
| 14 | | or province shall be credited toward the period of study |
| 15 | | required by the provisions of this paragraph); or
(B) |
| 16 | | successfully completed a certification course of 300 hours |
| 17 | | in the study of barber techniques from a school of |
| 18 | | cosmetology approved by the Department to offer barber |
| 19 | | styling curricula; |
| 20 | | (4) has passed an examination caused to be conducted by |
| 21 | | the Department or its designated testing service to |
| 22 | | determine fitness to receive a license as a barber stylist; |
| 23 | | and |
| 24 | | (5) has met all of the other requirements of this Act.
|
| 25 | | (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
|
|
| | HB1424 | - 22 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (Section scheduled to be repealed on January 1, 2016)
|
| 2 | | Sec. 3-1. Cosmetology defined. Any one or any combination |
| 3 | | of the
following practices constitutes the practice of |
| 4 | | cosmetology when done for
cosmetic or beautifying purposes and |
| 5 | | not for the treatment of disease or of
muscular or nervous |
| 6 | | disorder: arranging, braiding, dressing, cutting,
trimming,
|
| 7 | | curling, waving, chemical restructuring, smoothing, tinting, |
| 8 | | shaping, singeing, bleaching,
coloring or similar work, upon |
| 9 | | the hair of the head or any cranial prosthesis; cutting or |
| 10 | | trimming
facial hair of any person; any practice of
manicuring, |
| 11 | | pedicuring, decorating nails, applying sculptured nails or
|
| 12 | | otherwise artificial nails by hand or with mechanical or |
| 13 | | electrical
apparatus or appliances, or in any way caring for |
| 14 | | the nails or the skin of
the hands or feet including massaging |
| 15 | | the hands, arms, elbows, feet, lower
legs, and knees of another
|
| 16 | | person for other than the treatment of medical disorders; any |
| 17 | | practice of epilation or
depilation of any person; any practice |
| 18 | | for the purpose of cleansing,
massaging or toning the skin of |
| 19 | | the scalp; beautifying, massaging,
cleansing, exfoliating, or |
| 20 | | stimulating
the stratum corneum of the epidermis by the use of |
| 21 | | cosmetic
preparations, body treatments, body wraps, the use of
|
| 22 | | hydrotherapy, or any device,
electrical, mechanical, or |
| 23 | | otherwise; applying make-up or
eyelashes to any person or |
| 24 | | lightening or coloring hair
on the body and removing |
| 25 | | superfluous hair from the body of any person by
the use of |
| 26 | | depilatories, waxing, threading, or tweezers. The term |
|
| | HB1424 | - 23 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | "cosmetology" does
not include the services provided by an |
| 2 | | electrologist. Nail technology is
the practice and the study of |
| 3 | | cosmetology only to the
extent of manicuring, pedicuring, |
| 4 | | decorating, and applying sculptured or
otherwise artificial |
| 5 | | nails, or in any way caring for the nail or the skin of
the |
| 6 | | hands or feet including massaging the hands, arms, elbows, |
| 7 | | feet, lower
legs,
and knees.
Cosmetologists are prohibited from |
| 8 | | using any technique, product, or practice intended to affect |
| 9 | | the living layers of the skin. The term cosmetology includes
|
| 10 | | rendering advice on what is cosmetically appealing, but no |
| 11 | | person licensed
under this Act shall render advice on what is |
| 12 | | appropriate medical treatment
for diseases of the skin. |
| 13 | | Purveyors of cosmetics may demonstrate such cosmetic
products |
| 14 | | in conjunction with any sales promotion and shall not be
|
| 15 | | required to hold a license under this Act.
Nothing in this Act |
| 16 | | shall be construed to prohibit the shampooing of hair
by |
| 17 | | persons employed for that purpose and who perform that task
|
| 18 | | under the direct supervision of a licensed cosmetologist or |
| 19 | | licensed
cosmetology teacher.
|
| 20 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 21 | | (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
|
| 22 | | (Section scheduled to be repealed on January 1, 2016)
|
| 23 | | Sec. 3-4. Licensure as cosmetology, esthetics, and nail |
| 24 | | technology
teacher/instructor or cosmetology clinic teacher; |
| 25 | | qualifications.
|
|
| | HB1424 | - 24 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (a) A person is qualified to receive license as a |
| 2 | | cosmetology, esthetics, and nail technology teacher/instructor
|
| 3 | | if that person has
applied in writing on forms provided by the |
| 4 | | Department, has paid the required
fees, and:
|
| 5 | | (1) is at least 18 years of age;
|
| 6 | | (2) has graduated from high school or its equivalent;
|
| 7 | | (3) has a current license as a cosmetologist;
|
| 8 | | (4) has either: (i) completed a program of 500 hours of |
| 9 | | teacher/instructor training in
a licensed school of |
| 10 | | cosmetology and had 2 years of practical
experience as a |
| 11 | | licensed cosmetologist within 5 years
preceding the |
| 12 | | examination; or (ii) completed a program of 1,000 hours of
|
| 13 | | teacher/instructor training in
a
licensed school of |
| 14 | | cosmetology;
|
| 15 | | (5) has passed an examination authorized by the |
| 16 | | Department to
determine eligibility to receive a license as |
| 17 | | a cosmetology teacher/instructor; and
|
| 18 | | (6) has met any other requirements of this Act.
|
| 19 | | An individual who receives a license as a cosmetology, |
| 20 | | esthetics, and nail technology teacher/instructor shall not be
|
| 21 | | required to maintain an active cosmetology license in order to |
| 22 | | practice
cosmetology as defined in this Act.
|
| 23 | | (b) (Blank). A person is qualified to receive a license as |
| 24 | | a cosmetology clinic
teacher if he or she has applied in |
| 25 | | writing on forms provided by the
Department, has paid the |
| 26 | | required fees, and:
|
|
| | HB1424 | - 25 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (1) is at least 18 years of age;
|
| 2 | | (2) has graduated from high school or its equivalent;
|
| 3 | | (3) has a current license as a cosmetologist;
|
| 4 | | (4) has (i) completed a program of 250 hours of clinic |
| 5 | | teacher training in
a licensed
school of cosmetology or |
| 6 | | (ii) within 5 years preceding the examination, has obtained |
| 7 | | a minimum of 2 years of practical experience working at |
| 8 | | least 30 full-time hours per week as a licensed
|
| 9 | | cosmetologist and has completed an instructor's institute |
| 10 | | of 20 hours, as prescribed by the Department, prior to |
| 11 | | submitting an application for examination;
|
| 12 | | (5) has passed an examination authorized by the |
| 13 | | Department to determine
eligibility to receive a license as |
| 14 | | a cosmetology teacher; and
|
| 15 | | (6)
has met any other requirements of this Act.
|
| 16 | | The Department shall not issue any new cosmetology clinic |
| 17 | | teacher licenses after January 1, 2009. Any person issued a |
| 18 | | license as a cosmetology clinic teacher before January 1, 2009, |
| 19 | | may renew the license after that date under this Act and that |
| 20 | | person may continue to renew the license or have the license |
| 21 | | restored during his or her lifetime, subject only to the |
| 22 | | renewal or restoration requirements for the license under this |
| 23 | | Act; however, such licensee and license shall remain subject to |
| 24 | | the provisions of this Act, including, but not limited to, |
| 25 | | provisions concerning renewal, restoration, fees, continuing |
| 26 | | education, discipline, administration, and enforcement.
|
|
| | HB1424 | - 26 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (Source: P.A. 94-451, eff. 12-31-05.)
|
| 2 | | (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
|
| 3 | | (Section scheduled to be repealed on January 1, 2016)
|
| 4 | | Sec. 3-6. Examination. The Department shall authorize
|
| 5 | | examinations of applicants for licensure
as cosmetologists and |
| 6 | | cosmetology, esthetics, and nail technology |
| 7 | | teachers/instructors of cosmetology
at the times and
places it |
| 8 | | may determine. An applicant may apply for examination when a |
| 9 | | minimum of 1,300 of the 1,500 total program hours have been |
| 10 | | completed in a duly licensed and approved school of |
| 11 | | cosmetology. If an applicant for licensure as a cosmetologist
|
| 12 | | fails to pass 3
examinations conducted by the
Department, the |
| 13 | | applicant shall, before taking a subsequent examination,
|
| 14 | | furnish evidence of not less than 250 hours of additional study |
| 15 | | of
cosmetology in an approved school of cosmetology since the |
| 16 | | applicant last
took the examination. If an applicant for |
| 17 | | licensure as a cosmetology, esthetics, and nail technology |
| 18 | | teacher/instructor
fails to pass 3 examinations conducted by |
| 19 | | the Department, the applicant shall,
before taking a subsequent |
| 20 | | examination, furnish evidence of not less than 80
hours of |
| 21 | | additional study in teaching methodology and educational |
| 22 | | psychology
in an approved school of cosmetology since the |
| 23 | | applicant last took the
examination. An applicant who fails to |
| 24 | | pass the fourth
examination shall not again be admitted to an |
| 25 | | examination unless: (i) in the
case of an applicant for |
|
| | HB1424 | - 27 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | licensure as a cosmetologist, the applicant again
takes and |
| 2 | | completes a program of 1,500 1500 hours in the study of
|
| 3 | | cosmetology in an
approved school of cosmetology extending over |
| 4 | | a period that commences after the
applicant fails to pass the |
| 5 | | fourth examination and that is not less than 8
months nor more |
| 6 | | than 7 consecutive years in duration; (ii) in the case
of an
|
| 7 | | applicant for licensure as a cosmetology, esthetics, and nail |
| 8 | | technology teacher/instructor, the applicant again takes and
|
| 9 | | completes a program of 1,000 1000 hours of teacher/instructor |
| 10 | | training in an
approved school of
cosmetology, except that if |
| 11 | | the applicant had 2 years of practical experience
as a licensed |
| 12 | | cosmetologist within the 5 years preceding the initial
|
| 13 | | examination taken by the applicant, the applicant must again |
| 14 | | take and complete
a program of 500 hours of teacher/instructor |
| 15 | | training in an approved school of
cosmetology, esthetics,
or |
| 16 | | nail technology; or (iii) in the case of an applicant for |
| 17 | | licensure as a
cosmetology clinic teacher, the applicant again |
| 18 | | takes and completes a
program of
250 hours of clinic teacher |
| 19 | | training in a licensed
school of cosmetology or an instructor's |
| 20 | | institute of 20 hours. The requirements for remedial training |
| 21 | | set forth in this Section may be waived in whole or in part by |
| 22 | | the Department upon proof to the Department that the applicant |
| 23 | | has demonstrated competence to again sit for the examination. |
| 24 | | The Department shall adopt rules establishing the standards by |
| 25 | | which this determination shall be made. Each cosmetology |
| 26 | | applicant shall be given a written
examination testing both
|
|
| | HB1424 | - 28 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | theoretical and practical knowledge, which shall include, but |
| 2 | | not be
limited to, questions that determine the applicant's |
| 3 | | knowledge of
product chemistry, sanitary rules, sanitary |
| 4 | | procedures,
chemical service procedures, hazardous chemicals |
| 5 | | and exposure minimization,
knowledge of the anatomy of the |
| 6 | | skin, scalp, hair, and nails as they relate to
applicable |
| 7 | | services under this Act and labor and compensation laws.
|
| 8 | | The examination of applicants for licensure as a
|
| 9 | | cosmetology, esthetics, and or nail technology |
| 10 | | teacher/instructor may include
all of the elements of the exam |
| 11 | | for licensure as a
cosmetologist, esthetician, or nail |
| 12 | | technician and also include teaching
methodology, classroom |
| 13 | | management,
record keeping, and any other related subjects that |
| 14 | | the Department in its
discretion may deem
necessary to insure |
| 15 | | competent performance.
|
| 16 | | This Act does not prohibit the practice of cosmetology by |
| 17 | | one who has
applied in writing to the Department, in form and |
| 18 | | substance satisfactory to
the Department, for a license as a |
| 19 | | cosmetologist, or the
teaching/instructing of
cosmetology by |
| 20 | | one who has applied in writing to the Department, in form
and |
| 21 | | substance satisfactory to the Department, for a license
as a |
| 22 | | cosmetology, esthetics, and nail technology teacher/instructor |
| 23 | | or cosmetology clinic teacher, if the person has
complied with |
| 24 | | all the
provisions of this Act in order to qualify for a |
| 25 | | license, except the passing of
an examination to be eligible to
|
| 26 | | receive a license, until: (a) the expiration of 6 months
after |
|
| | HB1424 | - 29 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | the
filing of the written application, (b) the decision of the |
| 2 | | Department
that the applicant has failed to pass an examination |
| 3 | | within 6 months or
failed without an approved excuse to take an |
| 4 | | examination conducted within 6
months by the Department, or (c) |
| 5 | | the withdrawal of the application.
|
| 6 | | (Source: P.A. 94-451, eff. 12-31-05.)
|
| 7 | | (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
|
| 8 | | (Section scheduled to be repealed on January 1, 2016)
|
| 9 | | Sec. 3-7. Licensure; renewal; continuing education; |
| 10 | | military service. The
holder of a license issued under this |
| 11 | | Article III may renew that license during
the month preceding |
| 12 | | the expiration date thereof by paying the required fee,
giving |
| 13 | | such evidence as the Department may prescribe of completing not |
| 14 | | less
than 14 hours of continuing education for a cosmetologist |
| 15 | | or barber stylist, and 24 hours of
continuing education for a |
| 16 | | cosmetology, esthetics, and nail technology teacher/instructor |
| 17 | | or cosmetology clinic teacher,
within the 2 years prior to |
| 18 | | renewal. The training shall be in subjects
approved by the |
| 19 | | Department as prescribed by rule upon recommendation of the |
| 20 | | Board.
|
| 21 | | A license that has been expired for more than 5 years may |
| 22 | | be restored by
payment of the restoration fee and submitting |
| 23 | | evidence satisfactory to the
Department of the current |
| 24 | | qualifications and fitness of the licensee, which
shall include |
| 25 | | completion of continuing education hours for the period
|
|
| | HB1424 | - 30 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | subsequent to expiration.
|
| 2 | | The Department shall establish by rule a means for the |
| 3 | | verification of
completion of the continuing education |
| 4 | | required by this Section. This
verification may be accomplished |
| 5 | | through audits of records maintained by
registrants, by |
| 6 | | requiring the filing of continuing education certificates with
|
| 7 | | the Department, or by other means established by the |
| 8 | | Department.
|
| 9 | | A license issued under the provisions of this Act that has |
| 10 | | expired
while the holder of the license was engaged (1) in |
| 11 | | federal service on
active duty with the Army of the United |
| 12 | | States, the United States Navy,
the Marine Corps, the Air |
| 13 | | Force, the Coast Guard, or any Women's
Auxiliary thereof, or |
| 14 | | the State Militia called into the service or
training of the |
| 15 | | United States of America, or (2) in training or
education under |
| 16 | | the supervision of the United States preliminary to
induction |
| 17 | | into the military service, may be reinstated or restored
|
| 18 | | without the payment of any lapsed renewal fees, reinstatement |
| 19 | | fee, or
restoration fee if within 2 years after the termination |
| 20 | | of such
service, training, or education other than by |
| 21 | | dishonorable discharge,
the holder furnishes the Department |
| 22 | | with an affidavit to the effect
that he or she has been so |
| 23 | | engaged and that his or her service,
training, or education has |
| 24 | | been so terminated.
|
| 25 | | The Department, in its discretion, may waive
enforcement of |
| 26 | | the continuing education requirement in this Section and
shall |
|
| | HB1424 | - 31 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | adopt rules defining the standards and criteria for
that waiver |
| 2 | | under the following circumstances:
|
| 3 | | (a) the licensee resides in a locality where it is |
| 4 | | demonstrated that the
absence of opportunities for such |
| 5 | | education would interfere with the
ability of the licensee |
| 6 | | to provide service to the public;
|
| 7 | | (b) that to comply with the continuing education |
| 8 | | requirements would
cause a substantial financial hardship |
| 9 | | on the licensee;
|
| 10 | | (c) that the licensee is serving in the United States |
| 11 | | Armed Forces; or
|
| 12 | | (d) that the licensee is incapacitated due to illness.
|
| 13 | | The continuing education requirements of this Section do |
| 14 | | not apply to a
licensee who (i) is at least 62 years of age or |
| 15 | | (ii) has
been licensed as a cosmetologist, cosmetology teacher, |
| 16 | | or cosmetology clinic
teacher for at least 25 years.
|
| 17 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 18 | | (225 ILCS 410/3-7.1) (from Ch. 111, par. 1703-7.1)
|
| 19 | | (Section scheduled to be repealed on January 1, 2016)
|
| 20 | | Sec. 3-7.1. Inactive Status. Any cosmetologist, barber |
| 21 | | stylist, or cosmetology
teacher/instructor , or cosmetology |
| 22 | | clinic teacher who notifies the
Department in writing on forms |
| 23 | | prescribed by the Department, may elect to
place his or her |
| 24 | | license on an inactive status and shall, subject to rules
of |
| 25 | | the Department, be excused from payment of renewal fees until |
|
| | HB1424 | - 32 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | he or she
notifies the Department in writing of his or her |
| 2 | | desire to resume active
status.
|
| 3 | | Any cosmetologist, barber stylist, or cosmetology |
| 4 | | teacher/instructor , or cosmetology clinic
teacher requesting |
| 5 | | restoration from
inactive status shall be required to pay the |
| 6 | | current renewal fee and to qualify
for the restoration of
his |
| 7 | | or her license, subject to rules of the Department. A license |
| 8 | | shall not
be restored from inactive status unless the |
| 9 | | cosmetologist or ,
cosmetology
teacher/instructor , or |
| 10 | | cosmetology clinic teacher requesting the restoration |
| 11 | | completes
the number of hours of continuing
education required |
| 12 | | for renewal of a license under Section 3-7.
|
| 13 | | Any cosmetologist or , cosmetology teacher/instructor , or |
| 14 | | cosmetology clinic
teacher whose license is in an inactive
|
| 15 | | status shall not practice in the State of Illinois.
|
| 16 | | (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
|
| 17 | | (225 ILCS 410/3-8) (from Ch. 111, par. 1703-8)
|
| 18 | | (Section scheduled to be repealed on January 1, 2016)
|
| 19 | | Sec. 3-8. Cosmetologists or cosmetology, esthetics, and |
| 20 | | nail technology teachers/instructors registered or licensed
|
| 21 | | elsewhere. |
| 22 | | (a) Except as otherwise provided in this Act, upon payment |
| 23 | | of the
required fee, an applicant who is a cosmetologist or |
| 24 | | cosmetology, esthetics, and nail technology
teacher/instructor
|
| 25 | | registered or licensed under the laws of a foreign country or |
|
| | HB1424 | - 33 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | province may be
granted a license as a licensed cosmetologist |
| 2 | | or cosmetology, esthetics, and nail technology
|
| 3 | | teacher/instructor by the
Department in
its discretion upon the |
| 4 | | following conditions:
|
| 5 | | (1) The cosmetologist applicant is at least 16 years of
|
| 6 | | age and the cosmetology teacher applicant is
at least 18 |
| 7 | | years of age; and
|
| 8 | | (2) The requirements for the registration or licensing |
| 9 | | of
cosmetologists or cosmetology, esthetics, and nail |
| 10 | | technology teachers/instructors in the particular
country |
| 11 | | or province were, at the date of the license, substantially
|
| 12 | | equivalent to the requirements then in force for |
| 13 | | cosmetologists or
cosmetology, esthetics, and nail |
| 14 | | technology teachers/instructors in this State; or the
|
| 15 | | applicant has
established proof of legal practice as a |
| 16 | | cosmetologist or cosmetology, esthetics, and nail |
| 17 | | technology
teacher/instructor in another jurisdiction for |
| 18 | | at least
3 years; and
|
| 19 | | (3) If the Department, in its discretion and in |
| 20 | | accordance with the rules, deems it necessary, then the |
| 21 | | applicant has passed an examination as required by this |
| 22 | | Act; and |
| 23 | | (4) The applicant has met any other requirements of |
| 24 | | this Act.
|
| 25 | | The Department shall prescribe
reasonable rules governing |
| 26 | | the recognition of and
the credit to be given to the study of |
|
| | HB1424 | - 34 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | cosmetology under a
cosmetologist registered or licensed under |
| 2 | | the laws of a foreign country or province by an applicant
for a |
| 3 | | license as a
cosmetologist, and for the recognition of legal |
| 4 | | practice in another
jurisdiction towards the education |
| 5 | | required under this Act.
|
| 6 | | (b) Except as otherwise provided in this Act, upon payment |
| 7 | | of the
required fee, an applicant who is a cosmetologist or |
| 8 | | cosmetology, esthetics, and nail technology
teacher/instructor
|
| 9 | | registered or licensed under the laws of another state or |
| 10 | | territory of the United States shall, without examination, be |
| 11 | | granted a license as a licensed cosmetologist or cosmetology, |
| 12 | | esthetics, and nail technology teacher/instructor, whichever |
| 13 | | is applicable, by the
Department upon the following conditions: |
| 14 | | (1) The cosmetologist applicant is at least 16 years of
|
| 15 | | age and the cosmetology, esthetics, and nail technology |
| 16 | | teacher/instructor applicant is
at least 18 years of age; |
| 17 | | and |
| 18 | | (2) The applicant submits to the Department |
| 19 | | satisfactory evidence that the applicant is registered or |
| 20 | | licensed in another state or territory as a cosmetologist |
| 21 | | or cosmetology, esthetics, and nail technology
|
| 22 | | teacher/instructor; and |
| 23 | | (3) The applicant has met any other requirements of |
| 24 | | this Act. |
| 25 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
|
| | HB1424 | - 35 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
|
| 2 | | (Section scheduled to be repealed on January 1, 2016)
|
| 3 | | Sec. 3A-3. Licensure as an esthetics teacher/instructor; |
| 4 | | qualifications.
|
| 5 | | (a) A person is qualified to receive a license as an |
| 6 | | esthetics teacher/instructor
if
that person has applied in |
| 7 | | writing on forms supplied by the Department, paid
the required |
| 8 | | fees,
and:
|
| 9 | | (1) is at least 18 years of age;
|
| 10 | | (2) has graduated from high school or its equivalent;
|
| 11 | | (3) has a current license as a
licensed cosmetologist |
| 12 | | or esthetician;
|
| 13 | | (4) has either: (i) completed a program of 500 hours of
|
| 14 | | teacher/instructor training in a
licensed school of |
| 15 | | cosmetology or a licensed esthetics
school and had 2 years |
| 16 | | of practical experience as a licensed cosmetologist or
|
| 17 | | esthetician within 5 years preceding the
examination; or |
| 18 | | (ii) completed a program of 750 hours of teacher/instructor |
| 19 | | training
in a
licensed school of cosmetology approved by |
| 20 | | the Department to teach
esthetics or a licensed esthetics |
| 21 | | school;
|
| 22 | | (5) has passed an examination authorized by the |
| 23 | | Department to
determine eligibility to receive a license as |
| 24 | | a
licensed cosmetology or esthetics teacher/instructor;
|
| 25 | | (6) (blank); and
|
| 26 | | (7) has met any other requirements as required by this |
|
| | HB1424 | - 36 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | Act.
|
| 2 | | (b) (Blank).
|
| 3 | | (c) An applicant who is issued a license as an esthetics |
| 4 | | teacher is not required to maintain an esthetics license in
|
| 5 | | order to practice as an esthetician as defined in this Act.
|
| 6 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 7 | | (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
|
| 8 | | (Section scheduled to be repealed on January 1, 2016)
|
| 9 | | Sec. 3A-5. Examination.
|
| 10 | | (a) The Department shall authorize examinations of |
| 11 | | applicants for a
license as an esthetician or |
| 12 | | teacher/instructor of esthetics at such times and places as
it |
| 13 | | may determine. The
Department shall authorize no fewer than 4 |
| 14 | | examinations for
a license as an esthetician or a |
| 15 | | teacher/instructor of esthetics in a calendar year.
|
| 16 | | If an applicant neglects, fails without an approved excuse, |
| 17 | | or refuses to
take the next available examination offered for |
| 18 | | licensure under this Act,
the fee paid by the applicant shall |
| 19 | | be forfeited to the Department and the
application denied. If |
| 20 | | an applicant fails to pass an examination for licensure
under |
| 21 | | this Act within 3 years after filing his or her application, |
| 22 | | the
application shall be denied. However, such applicant may |
| 23 | | thereafter make a
new application for examination, accompanied |
| 24 | | by the required fee, if he or she
meets the requirements in |
| 25 | | effect at the time of reapplication. If an applicant
for |
|
| | HB1424 | - 37 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | licensure as an esthetician is unsuccessful at 3 examinations |
| 2 | | conducted by
the Department, the applicant shall, before taking |
| 3 | | a subsequent examination,
furnish evidence of not less than 125 |
| 4 | | hours of additional study of esthetics in
an approved school of |
| 5 | | cosmetology or esthetics since the applicant last took
the |
| 6 | | examination. If an applicant for licensure as an esthetics |
| 7 | | teacher/instructor is unsuccessful at 3 examinations conducted |
| 8 | | by the
Department, the applicant shall, before taking a |
| 9 | | subsequent examination,
furnish evidence of not less than 80 |
| 10 | | hours of additional study in teaching
methodology and |
| 11 | | educational psychology in a licensed school of cosmetology or
|
| 12 | | esthetics since the applicant last took the examination. An |
| 13 | | applicant who
fails to pass a fourth examination shall not |
| 14 | | again be admitted to an
examination unless (i) in the case of |
| 15 | | an applicant for licensure as an
esthetician, the applicant |
| 16 | | shall again take and complete a program of 750 hours
in the |
| 17 | | study of esthetics in a licensed school of cosmetology approved |
| 18 | | to teach
esthetics or a school of esthetics, extending over a |
| 19 | | period that
commences after the applicant fails to pass the |
| 20 | | fourth examination and that is
not less than 18 weeks nor more |
| 21 | | than 4 consecutive years in duration; or (ii) in
the case of an |
| 22 | | applicant for a license as an esthetics teacher/instructor, the |
| 23 | | applicant
shall again take and complete a program of 750 hours |
| 24 | | of teacher/instructor
training in a
school of cosmetology |
| 25 | | approved to teach esthetics or a school of esthetics,
except |
| 26 | | that if the applicant had 2 years of practical experience as a |
|
| | HB1424 | - 38 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | licensed
cosmetologist or esthetician within 5 years preceding |
| 2 | | the initial examination
taken by the applicant, the applicant |
| 3 | | must again take and complete a program
of 500 hours of
|
| 4 | | teacher/instructor training in licensed cosmetology or a |
| 5 | | licensed esthetics school.
|
| 6 | | (b) Each applicant shall be given a written examination |
| 7 | | testing both
theoretical and practical knowledge which shall |
| 8 | | include, but not be limited to,
questions that determine the |
| 9 | | applicant's knowledge, as provided by rule.
|
| 10 | | (c) The examination of applicants for licensure as an |
| 11 | | esthetics teacher/instructor may
include:
|
| 12 | | (1) teaching methodology;
|
| 13 | | (2) classroom management; and
|
| 14 | | (3) record keeping and any other subjects that the |
| 15 | | Department may deem
necessary to insure competent |
| 16 | | performance.
|
| 17 | | (d) This Act does not prohibit the practice of esthetics by |
| 18 | | one who has
applied in writing to the Department, in form and |
| 19 | | substance satisfactory to
the Department, for a license as an |
| 20 | | esthetician or an esthetics teacher/instructor and has |
| 21 | | complied with all the provisions of this Act
in order to |
| 22 | | qualify for a license, except the passing of an examination to |
| 23 | | be
eligible to receive such license certificate, until: (i) the |
| 24 | | expiration of 6
months after the filing of such written |
| 25 | | application, or (ii) the decision
of the Department that the |
| 26 | | applicant has failed to pass an examination within
6 months or |
|
| | HB1424 | - 39 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | failed without an approved excuse to take an examination |
| 2 | | conducted
within 6 months by the Department, or (iii) the |
| 3 | | withdrawal of the application.
|
| 4 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 5 | | (225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
|
| 6 | | (Section scheduled to be repealed on January 1, 2016)
|
| 7 | | Sec. 3A-6. Licensure; renewal;
continuing education; |
| 8 | | examination; military service. The holder of a license
issued |
| 9 | | under this Article may renew such license during the
month |
| 10 | | preceding the expiration date thereof by paying the required |
| 11 | | fee, giving evidence the Department may
prescribe of completing |
| 12 | | not less than 10 hours for estheticians and spa technicians,
|
| 13 | | and not less than 20 hours of continuing education for |
| 14 | | esthetics
teachers/instructors,
within the 2 years prior to |
| 15 | | renewal. The training shall be in subjects,
approved by the |
| 16 | | Department as prescribed by rule upon recommendation of
the |
| 17 | | Board.
|
| 18 | | A license that has expired or been
placed on inactive |
| 19 | | status may
be restored only by payment of the restoration fee |
| 20 | | and submitting evidence
satisfactory to the Department of the |
| 21 | | current qualifications and fitness of
the licensee including |
| 22 | | the completion of continuing
education hours for the period |
| 23 | | following expiration.
|
| 24 | | A license issued under the provisions of
this Act
that has |
| 25 | | expired while the holder of the license was
engaged (1) in |
|
| | HB1424 | - 40 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | federal service on active duty with the Army of the United
|
| 2 | | States, the United States Navy, the Marine Corps, the Air |
| 3 | | Force, the Coast
Guard, or any Women's Auxiliary thereof, or |
| 4 | | the State Militia called into
the service or training of the |
| 5 | | United States of America, or (2) in training
or education under |
| 6 | | the supervision of the United States preliminary to
induction |
| 7 | | into the military service, may be reinstated or restored |
| 8 | | without
the payment of any lapsed renewal fees, reinstatement |
| 9 | | fee, or restoration
fee if within 2 years after the termination |
| 10 | | of such service, training, or
education other than by |
| 11 | | dishonorable discharge, the holder furnishes the
Department |
| 12 | | with an affidavit to the effect that he or she has been so
|
| 13 | | engaged and
that his or her service, training, or education has |
| 14 | | been so terminated.
|
| 15 | | The Department, in its discretion, may waive enforcement of |
| 16 | | the continuing
education requirement in this Section, and shall |
| 17 | | adopt rules defining the
standards and criteria for such |
| 18 | | waiver, under the following circumstances:
|
| 19 | | (1) the licensee resides in a locality where it is |
| 20 | | demonstrated
that the
absence of opportunities for such |
| 21 | | education would interfere with the ability of
the licensee |
| 22 | | to provide service to the public;
|
| 23 | | (2) the licensee's compliance with the continuing |
| 24 | | education
requirements
would cause a substantial financial |
| 25 | | hardship on the licensee;
|
| 26 | | (3) the licensee is serving in the United States Armed |
|
| | HB1424 | - 41 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | Forces;
or
|
| 2 | | (4) the licensee is incapacitated due to illness.
|
| 3 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 4 | | (225 ILCS 410/3A-7) (from Ch. 111, par. 1703A-7)
|
| 5 | | (Section scheduled to be repealed on January 1, 2016)
|
| 6 | | Sec. 3A-7. Estheticians or spa technicians licensed |
| 7 | | elsewhere.
Upon payment of the required fee, an applicant who |
| 8 | | is an esthetician
registered or licensed under the laws of |
| 9 | | another state or territory of the
United States or of a foreign |
| 10 | | country or province may, without examination,
be granted a |
| 11 | | license as a licensed esthetician by the Department in its
|
| 12 | | discretion upon the
following conditions:
|
| 13 | | (a) In the case of an esthetician or spa technician |
| 14 | | registered or licensed elsewhere,
|
| 15 | | (1) The applicant is at least 16 years of age; and
|
| 16 | | (2) The requirements for the registration or licensing |
| 17 | | of
estheticians or spa technicians in the particular state, |
| 18 | | territory, country, or province were
at the date of the |
| 19 | | license substantially equivalent to the requirements
then |
| 20 | | in force in this State.
|
| 21 | | (b) In the case of an esthetics teacher/instructor
|
| 22 | | registered or licensed elsewhere,
|
| 23 | | (1) The applicant is at least 18 years of age; and
|
| 24 | | (2) The requirements for the registration or licensing |
| 25 | | of esthetics
teachers/instructors in the particular state,
|
|
| | HB1424 | - 42 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | territory, country, or province were at the
date of the |
| 2 | | license substantially equivalent to the requirements then |
| 3 | | in force
in this State; or the applicant has established |
| 4 | | proof of legal practice as an
esthetics teacher/instructor |
| 5 | | in another jurisdiction for at least 3 years.
|
| 6 | | If the Department, in its discretion and in accordance with |
| 7 | | the rules, deems it necessary, an applicant registered or |
| 8 | | licensed under the laws of a foreign country or province may be |
| 9 | | required to pass an examination as required by this Act. |
| 10 | | An applicant who
has been licensed to practice esthetics in |
| 11 | | another state may
receive credit of at least 300 hours for each |
| 12 | | year of
experience toward the education required under this |
| 13 | | Act.
|
| 14 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 15 | | (225 ILCS 410/3B-2) (from Ch. 111, par. 1703B-2)
|
| 16 | | (Section scheduled to be repealed on January 1, 2016)
|
| 17 | | Sec. 3B-2. Investigations by Department upon its own motion |
| 18 | | or upon
verified complaint; opportunity for corrections. The |
| 19 | | Department may upon
its own motion and shall upon the verified |
| 20 | | complaint in writing of any
person setting forth facts which if |
| 21 | | proved would constitute grounds for
refusal or revocation under |
| 22 | | this Act, investigate the actions of any
applicant or any |
| 23 | | person or persons holding or claiming
to hold a license.
|
| 24 | | Any student or employee of a school approved by this Act |
| 25 | | who believes he
has been aggrieved by a violation of this Act |
|
| | HB1424 | - 43 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | shall have the right to file
a written complaint within one |
| 2 | | year of the alleged violation. The Department
shall acknowledge |
| 3 | | receipt of such written complaint, commence an investigation
of |
| 4 | | the alleged violation, and forward to the Attorney General and |
| 5 | | any
appropriate State's Attorney's office copies of complaints |
| 6 | | as required by
Section 3B-3. The Department shall forward a |
| 7 | | copy of the formal complaint and
order to the person who filed |
| 8 | | the complaint and to the chief operating officer
of the school |
| 9 | | cited in the complaint.
|
| 10 | | However, before proceeding to a hearing on the question of |
| 11 | | whether a
license shall be refused or revoked, the Department |
| 12 | | shall may issue a letter
granting the school in question 30 |
| 13 | | days to correct the deficiency or
deficiencies. The letter |
| 14 | | shall enumerate the deficiencies and state the action
on the |
| 15 | | part of the school that will remediate the deficiency or
|
| 16 | | deficiencies. During the time designated to remedy |
| 17 | | deficiencies the Department
may order the school to cease and |
| 18 | | desist from all marketing and student
enrollment activities.
|
| 19 | | (Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96.)
|
| 20 | | (225 ILCS 410/3B-3) (from Ch. 111, par. 1703B-3)
|
| 21 | | (Section scheduled to be repealed on January 1, 2016)
|
| 22 | | Sec. 3B-3.
(a) The following acts or omissions by an owner, |
| 23 | | operator
or authorized agent of a school shall
constitute |
| 24 | | violations of this Act and unlawful practices pursuant to the
|
| 25 | | "Consumer Fraud and Deceptive Business Practices Act", as now |
|
| | HB1424 | - 44 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | or hereafter amended:
|
| 2 | | 1. False or misleading statements, misrepresentations or |
| 3 | | false promises
which have the tendency or capacity to influence |
| 4 | | or induce persons to
enroll in the course of instruction |
| 5 | | offered by such school.
|
| 6 | | 2. Failure or refusal of the school to make the disclosures |
| 7 | | in the
enrollment agreement required by this Act; or the making |
| 8 | | of
false or inaccurate statements in such disclosures.
|
| 9 | | 3. Failure or refusal of the school to refund fees and |
| 10 | | unearned tuition,
in accordance with the refund policy |
| 11 | | prescribed by
this Act, to any student who cancels his |
| 12 | | enrollment agreement.
|
| 13 | | 4. Failure or refusal of the school to employ course |
| 14 | | instructors
certified by the Department and to provide the |
| 15 | | equipment,
facilities or services necessary to implement the |
| 16 | | course of instruction.
|
| 17 | | (b) Whenever the Attorney General or a state's attorney |
| 18 | | receives a
complaint against a school which alleges
one or more |
| 19 | | of the violations enumerated in subsection (a), he shall may |
| 20 | | conduct
an investigation to determine the validity of such |
| 21 | | complaint and, if a
violation or violations are found, may use |
| 22 | | any or all of the remedies,
penalties or authority granted to |
| 23 | | him by the "Consumer Fraud and Deceptive
Business Practices |
| 24 | | Act" to correct such violations and enforce the
provisions of |
| 25 | | this Act. Within 10 business days of receipt, the
Department |
| 26 | | shall transmit to the Attorney General and the appropriate
|
|
| | HB1424 | - 45 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | state's attorney copies of complaints filed in its office
which |
| 2 | | allege one or more of the violations
enumerated in subsection |
| 3 | | (a).
|
| 4 | | (Source: P.A. 85-1382.)
|
| 5 | | (225 ILCS 410/3B-10)
|
| 6 | | (Section scheduled to be repealed on January 1, 2016)
|
| 7 | | Sec. 3B-10. Requisites for ownership or operation of |
| 8 | | school. No person,
firm, or corporation may own, operate, or |
| 9 | | conduct a school of barbering, cosmetology,
esthetics, hair |
| 10 | | braiding, or nail technology for the purpose of teaching |
| 11 | | barbering, cosmetology,
esthetics, hair braiding, or nail |
| 12 | | technology for compensation unless licensed by the Department. |
| 13 | | A licensed school is a postsecondary educational institution |
| 14 | | authorized by the Department to provide a postsecondary |
| 15 | | education program in compliance with the requirements of this |
| 16 | | Act. An applicant shall apply to the Department on forms
|
| 17 | | provided by the Department, pay the required fees, and comply |
| 18 | | with the
following requirements:
|
| 19 | | 1. The applicant must submit to the Department for |
| 20 | | approval:
|
| 21 | | a. A floor plan, drawn to a scale specified on the |
| 22 | | floor plan,
showing every detail of the proposed |
| 23 | | school; and
|
| 24 | | b. A lease commitment or proof of ownership for the |
| 25 | | location of the
proposed school; a lease commitment |
|
| | HB1424 | - 46 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | must provide for execution of the lease
upon the |
| 2 | | Department's approval of the school's application and |
| 3 | | the lease must
be for a period of at least one year.
|
| 4 | | c. (Blank).
|
| 5 | | 2. An application to own or operate a school shall |
| 6 | | include the following:
|
| 7 | | a. If the owner is a corporation, a copy of the |
| 8 | | Articles of
Incorporation;
|
| 9 | | b. If the owner is a partnership, a listing of all |
| 10 | | partners and their
current addresses;
|
| 11 | | c. If the applicant is an owner, a completed |
| 12 | | financial statement showing
the owner's ability to |
| 13 | | operate the school for at least 3 months;
|
| 14 | | d. A copy of the official enrollment agreement or |
| 15 | | student contract to be
used by the school, which shall |
| 16 | | be consistent with the requirements of
this Act and |
| 17 | | rules;
|
| 18 | | e. A listing of all teachers/instructors who will |
| 19 | | be in the school's employ,
including their |
| 20 | | teacher/instructor license numbers;
|
| 21 | | f. A copy of the curricula that will be followed;
|
| 22 | | g. The names, addresses, and current status of all |
| 23 | | schools in which the
applicant has previously owned any |
| 24 | | interest, and a declaration as to whether
any of these |
| 25 | | schools were ever denied accreditation or licensing or |
| 26 | | lost
accreditation or licensing from any governmental |
|
| | HB1424 | - 47 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | body or accrediting agency;
|
| 2 | | h. Each application for a certificate of approval |
| 3 | | shall be signed and
certified under oath by the |
| 4 | | school's chief managing employee and also by
its |
| 5 | | individual owner or owners; if the applicant is a |
| 6 | | partnership or a
corporation, then the application |
| 7 | | shall be signed and certified under oath by
the |
| 8 | | school's chief managing employee and also by each |
| 9 | | member of the partnership
or each officer of the |
| 10 | | corporation, as the case may be;
|
| 11 | | i. A copy of the school's official transcript; and
|
| 12 | | j. The required fee.
|
| 13 | | 3. Each application for a license to operate a
school |
| 14 | | shall also contain the following commitments:
|
| 15 | | a. To conduct the school in accordance with this |
| 16 | | Act and the standards,
and rules from time to time |
| 17 | | adopted under this Act and to meet standards and
|
| 18 | | requirements at least as stringent as those required by |
| 19 | | Part H of the Federal
Higher Education Act of 1965.
|
| 20 | | b. To permit the Department to inspect the school |
| 21 | | or classes thereof
from time to time with or without |
| 22 | | notice; and to make available to the
Department, at any |
| 23 | | time when required to do so, information including
|
| 24 | | financial information pertaining to the activities of |
| 25 | | the school required
for the administration of this Act |
| 26 | | and the standards and rules adopted under
this Act;
|
|
| | HB1424 | - 48 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | c. To utilize only advertising and solicitation |
| 2 | | which is free from
misrepresentation, deception, |
| 3 | | fraud, or other misleading or unfair trade
practices;
|
| 4 | | d. To screen applicants to the school prior to |
| 5 | | enrollment pursuant to
the requirements of the |
| 6 | | school's regional or national accrediting agency,
if |
| 7 | | any, and to maintain any and all records of such |
| 8 | | screening. If the
course of instruction is offered in a |
| 9 | | language other than English, the
screening shall also |
| 10 | | be performed in that language;
|
| 11 | | e. To post in a conspicuous place a statement, |
| 12 | | developed by the
Department, of student's rights |
| 13 | | provided under this Act.
|
| 14 | | 4. The applicant shall establish to the satisfaction of |
| 15 | | the Department
that the owner possesses sufficient liquid |
| 16 | | assets to meet the prospective
expenses of the school for a |
| 17 | | period of 3 months. In the discretion of
the Department, |
| 18 | | additional proof of financial ability may be required.
|
| 19 | | 5. The applicant shall comply with all rules of the |
| 20 | | Department determining
the necessary curriculum and |
| 21 | | equipment required for the conduct of the school.
|
| 22 | | 6. The applicant must demonstrate employment of a |
| 23 | | sufficient number of
qualified teachers who are holders of |
| 24 | | a current license issued by the
Department.
|
| 25 | | 7.
A final inspection of the barber, cosmetology, |
| 26 | | esthetics, hair braiding, or nail technology school shall |
|
| | HB1424 | - 49 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | be
made by the Department before the school may commence |
| 2 | | classes.
|
| 3 | | 8. A written inspection report must be made by the |
| 4 | | State Fire Marshal or a local fire authority approving the |
| 5 | | use of the proposed premises as a barber, cosmetology, |
| 6 | | esthetics, hair braiding, or nail technology school.
|
| 7 | | (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
|
| 8 | | (225 ILCS 410/3B-15)
|
| 9 | | (Section scheduled to be repealed on January 1, 2016)
|
| 10 | | Sec. 3B-15. Grounds for disciplinary action. In addition to |
| 11 | | any
other cause herein set forth the Department may refuse to |
| 12 | | issue or renew and
may suspend, place on probation, or revoke |
| 13 | | any license to operate a school, or
take any other disciplinary |
| 14 | | or non-disciplinary action that the Department may deem proper, |
| 15 | | including the
imposition of fines not to exceed $5,000 for each |
| 16 | | violation, for any
one or any combination of the following |
| 17 | | causes:
|
| 18 | | (1) Repeated violation of any provision of this Act or |
| 19 | | any standard or rule
established under this Act.
|
| 20 | | (2) Knowingly furnishing false, misleading, or |
| 21 | | incomplete information to the
Department or failure to |
| 22 | | furnish information requested by the Department.
|
| 23 | | (3) Violation of any commitment made in an application |
| 24 | | for a license,
including failure to maintain standards that |
| 25 | | are the same as, or substantially
equivalent to, those |
|
| | HB1424 | - 50 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | represented in the school's applications
and
advertising.
|
| 2 | | (4) Presenting to prospective students information |
| 3 | | relating to the school,
or to employment opportunities or |
| 4 | | opportunities for enrollment in institutions
of higher |
| 5 | | learning after entering into or completing courses offered |
| 6 | | by the
school, that is false, misleading, or
fraudulent.
|
| 7 | | (5) Failure to provide premises or equipment or to |
| 8 | | maintain them in a safe
and sanitary condition as required |
| 9 | | by law.
|
| 10 | | (6) Failure to maintain financial resources adequate |
| 11 | | for the satisfactory
conduct of the courses of instruction |
| 12 | | offered or to retain a sufficient and
qualified |
| 13 | | instructional and administrative staff.
|
| 14 | | (7) Refusal to admit applicants on account of race, |
| 15 | | color, creed, sex,
physical or mental handicap unrelated to |
| 16 | | ability, religion, or national
origin.
|
| 17 | | (8) Paying a commission or valuable consideration to |
| 18 | | any person for acts or
services performed in violation of |
| 19 | | this Act.
|
| 20 | | (9) Attempting to confer a fraudulent degree, diploma, |
| 21 | | or certificate upon a
student.
|
| 22 | | (10) Failure to correct any deficiency or act of |
| 23 | | noncompliance under this
Act or the standards and rules |
| 24 | | established under this Act within reasonable
time limits |
| 25 | | set by the Department.
|
| 26 | | (11)
Conduct of business or instructional services |
|
| | HB1424 | - 51 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | other than at locations
approved by the Department.
|
| 2 | | (12) Failure to make all of the disclosures or making |
| 3 | | inaccurate disclosures
to the Department or in the |
| 4 | | enrollment agreement as required under this Act.
|
| 5 | | (13) Failure to make appropriate refunds as required by |
| 6 | | this Act.
|
| 7 | | (14) Denial, loss, or withdrawal of accreditation by |
| 8 | | any
accrediting agency.
|
| 9 | | (15) During any
calendar year, having a failure rate of |
| 10 | | 25% or greater for
those of its students who for the first |
| 11 | | time take the
examination authorized by
the Department to |
| 12 | | determine fitness to receive a license as a barber, barber |
| 13 | | teacher, cosmetologist,
cosmetology teacher/instructor, |
| 14 | | esthetician, esthetician
teacher/instructor, hair braider, |
| 15 | | hair braiding teacher/instructor, nail technician, or nail
|
| 16 | | technology teacher/instructor, provided that a
student who |
| 17 | | transfers into the school having completed 50% or more of |
| 18 | | the required program and who
takes the examination during |
| 19 | | that calendar year shall not be counted for
purposes of |
| 20 | | determining the school's failure rate on an
examination, |
| 21 | | without
regard to whether that transfer student passes or |
| 22 | | fails the examination.
|
| 23 | | (16) Failure to maintain a written record indicating |
| 24 | | the funds
received per student and funds paid out per |
| 25 | | student. Such records shall be
maintained for a minimum of |
| 26 | | 7 years and shall be made available to the
Department upon |
|
| | HB1424 | - 52 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | request. Such records shall identify the funding source and
|
| 2 | | amount for any student who has enrolled as well as any |
| 3 | | other item set forth by
rule.
|
| 4 | | (17) Failure to maintain a copy of the student record |
| 5 | | as defined by rule.
|
| 6 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 7 | | (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
|
| 8 | | (Section scheduled to be repealed on January 1, 2016)
|
| 9 | | Sec. 3C-1. Definitions. "Nail technician" means any person |
| 10 | | who for
compensation manicures, pedicures, or decorates nails, |
| 11 | | applies artificial applications
by hand or with mechanical or |
| 12 | | electrical
apparatus or appliances, or in any way beautifies |
| 13 | | the nails or the skin of the
hands or feet including massaging |
| 14 | | the hands, arms, elbows, feet, lower legs,
and
knees of another
|
| 15 | | person for other than the treatment of medical disorders.
|
| 16 | | However, nail technicians are prohibited from using |
| 17 | | techniques, products, and practices intended to affect the |
| 18 | | living layers of the skin. The
term nail technician includes |
| 19 | | rendering advice on what is cosmetically
appealing, but no |
| 20 | | person licensed under this Act shall render advice on what is
|
| 21 | | appropriate medical treatment for diseases of the nails or |
| 22 | | skin.
|
| 23 | | "Nail technician teacher/instructor" means an individual |
| 24 | | licensed by
the Department to provide instruction in the theory |
| 25 | | and practice of nail
technology to students in an approved nail |
|
| | HB1424 | - 53 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | technology school.
|
| 2 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 3 | | (225 ILCS 410/3C-2) (from Ch. 111, par. 1703C-2)
|
| 4 | | (Section scheduled to be repealed on January 1, 2016)
|
| 5 | | Sec. 3C-2. License; qualifications. A
person is
qualified |
| 6 | | to receive a license as a nail
technician if that person |
| 7 | | applies in writing on forms provided by the
Department, pays |
| 8 | | the required fee, and:
|
| 9 | | (a) Is at least 16 years of age;
|
| 10 | | (b) Is beyond the age of compulsory school attendance |
| 11 | | or has a certificate of graduation from a school providing |
| 12 | | secondary education or the recognized
equivalent of that |
| 13 | | certificate;
|
| 14 | | (c) Has graduated from a school of cosmetology or |
| 15 | | school of nail
technology approved by the Department, |
| 16 | | having completed a program of 600 350
hours in the study of |
| 17 | | nail technology extending over a period of not less
than 16 |
| 18 | | 8 weeks nor more than 2 consecutive years;
|
| 19 | | (d) Has passed an examination authorized by the |
| 20 | | Department to
determine eligibility to receive a license as |
| 21 | | a nail technician; and
|
| 22 | | (e) Has met any other requirements of this Act.
|
| 23 | | Time spent in the study of nail technology under the laws |
| 24 | | of another
state or territory of the United States, or of a |
| 25 | | foreign country or
province, shall be credited toward the |
|
| | HB1424 | - 54 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | period of study required by the
provisions of subsection (c).
|
| 2 | | (Source: P.A. 94-451, eff. 12-31-05.)
|
| 3 | | (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
|
| 4 | | (Section scheduled to be repealed on January 1, 2016)
|
| 5 | | Sec. 3C-3. Licensure as a nail technology |
| 6 | | teacher/instructor; qualifications.
|
| 7 | | (a) A person
is qualified to receive a license as a nail |
| 8 | | technology teacher/instructor if that person
has filed an |
| 9 | | application on forms provided by the Department, paid the |
| 10 | | required
fee, and:
|
| 11 | | (1) is at least 18 years of age;
|
| 12 | | (2) has graduated from high school or its equivalent;
|
| 13 | | (3) has a current license as a cosmetologist or nail
|
| 14 | | technician;
|
| 15 | | (4) has either: (1) completed a program of 500 hours of |
| 16 | | teacher/instructor
training
in a
licensed school of nail |
| 17 | | technology or cosmetology, and had 2 years of practical
|
| 18 | | experience as a nail
technician; or (2) has completed a |
| 19 | | program of 625 hours of teacher/instructor training
in
a |
| 20 | | licensed school of cosmetology approved to teach nail
|
| 21 | | technology or school of nail technology; and
|
| 22 | | (5) who has passed an examination authorized by the
|
| 23 | | Department
to determine eligibility to receive a license as |
| 24 | | a cosmetology, esthetics, and nail technology teacher/ |
| 25 | | instructor or nail technology
teacher/instructor.
|
|
| | HB1424 | - 55 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (b) An applicant who receives a license as a nail |
| 2 | | technology teacher
shall not be required to maintain a
license |
| 3 | | as a nail technician.
|
| 4 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 5 | | (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
|
| 6 | | (Section scheduled to be repealed on January 1, 2016)
|
| 7 | | Sec. 3C-7. Examinations; failure or refusal to take |
| 8 | | examination. The
Department shall authorize examinations of |
| 9 | | applicants for licenses as nail
technicians and |
| 10 | | teachers/instructors of nail
technology at the times and places |
| 11 | | as it may determine.
|
| 12 | | The Department shall authorize not less than 4 examinations |
| 13 | | for
licenses as nail
technicians, and nail technology |
| 14 | | teachers/instructors in a calendar
year.
|
| 15 | | If an applicant neglects, fails without an approved excuse, |
| 16 | | or refuses to
take the next available examination offered for |
| 17 | | licensure
under this Act,
the fee paid by the applicant shall |
| 18 | | be forfeited to the Department and the
application denied. If |
| 19 | | an applicant fails to pass an examination for
licensure under |
| 20 | | this Act within 3 years after filing an
application,
the |
| 21 | | application shall be denied. Nevertheless, the applicant may |
| 22 | | thereafter
make a new application for examination, accompanied |
| 23 | | by the required fee,
if he or she meets the requirements in |
| 24 | | effect at the time of reapplication.
If an applicant for |
| 25 | | licensure as a nail
technician or nail technology |
|
| | HB1424 | - 56 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | teacher/instructor is
unsuccessful at 3 examinations conducted |
| 2 | | by the Department, the
applicant
shall, before taking a |
| 3 | | subsequent examination, furnish evidence of
successfully |
| 4 | | completing (i) for a nail technician, not less than 60 hours
of |
| 5 | | additional study of nail
technology in a licensed school of |
| 6 | | cosmetology approved
to
teach nail technology or nail
|
| 7 | | technology and (ii) for a nail technology teacher/instructor, |
| 8 | | not less than 80 hours of
additional study in teaching |
| 9 | | methodology and educational psychology in an
approved school of |
| 10 | | cosmetology or nail technology since
the applicant last took |
| 11 | | the examination.
|
| 12 | | An applicant who fails the fourth examination shall not
|
| 13 | | again be admitted to an examination unless: (i) in the case of |
| 14 | | an
applicant for a license as a nail technician, the applicant |
| 15 | | again takes
and completes a total of 600 350 hours in the study |
| 16 | | of nail technology in an
approved school of cosmetology or nail |
| 17 | | technology extending over a
period that commences after the |
| 18 | | applicant fails to pass the fourth examination
and that is not |
| 19 | | less than 8 weeks nor more than 2 consecutive years in
|
| 20 | | duration; or (ii) in the case of an applicant for licensure as |
| 21 | | a nail
technology teacher/instructor, the applicant again |
| 22 | | takes and completes a program of 625
hours of |
| 23 | | teacher/instructor training in a licensed school of |
| 24 | | cosmetology, or nail
technology, except that if the applicant |
| 25 | | had 2 years of practical experience as
a licensed nail |
| 26 | | technician within 5 years preceding the initial examination
|
|
| | HB1424 | - 57 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | taken by the applicant, the applicant must again take and |
| 2 | | complete a program
of 500
hours of teacher training in a |
| 3 | | licensed school of cosmetology approved to teach
nail |
| 4 | | technology, or a licensed school of nail technology.
|
| 5 | | Each applicant for licensure as a nail technician shall
be |
| 6 | | given a written examination
testing both theoretical and |
| 7 | | practical knowledge, which shall include, but
not be limited |
| 8 | | to, questions that determine the applicant's knowledge of
|
| 9 | | product chemistry, sanitary rules, sanitary procedures,
|
| 10 | | hazardous chemicals and exposure minimization, this
Act, and |
| 11 | | labor and compensation laws.
|
| 12 | | The examination for licensure as a nail technology |
| 13 | | teacher/instructor may
include knowledge of the subject |
| 14 | | matter, teaching methodology, classroom
management, record |
| 15 | | keeping, and any other subjects that the Department in its
|
| 16 | | discretion may deem necessary to insure competent performance.
|
| 17 | | This Act does not prohibit the practice of nail technology |
| 18 | | by a person
who has applied in writing to the Department, in |
| 19 | | form and substance
satisfactory to the Department, for a |
| 20 | | license as a nail
technician, or the teaching of nail |
| 21 | | technology by one who has applied in
writing to the Department, |
| 22 | | in form and substance satisfactory to the
Department, for a |
| 23 | | license as a nail technology teacher/instructor, if the person |
| 24 | | has
complied with all the provisions of this Act in order
to |
| 25 | | qualify for a license, except the passing of an
examination to |
| 26 | | be eligible to receive a license, until: (a)
the expiration of |
|
| | HB1424 | - 58 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | 6 months after the filing of the written application, or (b)
|
| 2 | | the decision of the Department that the applicant has failed to |
| 3 | | pass an
examination within 6 months or failed without an |
| 4 | | approved excuse to take an
examination conducted within 6 |
| 5 | | months by the Department, or (c) the
withdrawal of the |
| 6 | | application.
|
| 7 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 8 | | (225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
|
| 9 | | (Section scheduled to be repealed on January 1, 2016)
|
| 10 | | Sec. 3C-8. License renewal; expiration; continuing |
| 11 | | education;
persons in military service. The holder of a license
|
| 12 | | issued under this Article may renew that license during the
|
| 13 | | month preceding the expiration date of the license by
paying |
| 14 | | the required fee and giving evidence, as the Department may |
| 15 | | prescribe,
of completing not
less than 10 hours of continuing |
| 16 | | education for a nail technician
and 20 hours of continuing |
| 17 | | education for a nail technology teacher/instructor, within
the |
| 18 | | 2 years prior
to renewal. The continuing education shall be in |
| 19 | | subjects approved by the
Department upon recommendation of the |
| 20 | | Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail |
| 21 | | Technology Board relating to the practice of nail technology,
|
| 22 | | including, but not limited to, review of sanitary procedures, |
| 23 | | review of
chemical service procedures, review of this Act, and |
| 24 | | review of the Workers'
Compensation Act. However, at least 10 |
| 25 | | of the hours of continuing education
required for a nail |
|
| | HB1424 | - 59 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | technology teacher/instructor
shall be in subjects relating to
|
| 2 | | teaching methodology, educational psychology, and classroom |
| 3 | | management or in
other subjects related to teaching.
|
| 4 | | A license that has been expired or placed on inactive |
| 5 | | status may
be restored only by payment of the restoration fee |
| 6 | | and submitting evidence
satisfactory to the Department of the |
| 7 | | meeting of current qualifications and
fitness of the licensee, |
| 8 | | including the completion of
continuing education hours for the |
| 9 | | period subsequent to
expiration.
|
| 10 | | A license issued under this Article that
has expired while |
| 11 | | the holder of the license
was engaged (1) in federal service on |
| 12 | | active duty with the Army of the United
States, the United |
| 13 | | States Navy, the Marine Corps, the Air Force, the Coast
Guard, |
| 14 | | or any Women's Auxiliary thereof, or the State Militia called |
| 15 | | into
the service or training of the United States of America, |
| 16 | | or (2) in training
or education under the supervision of the |
| 17 | | United States preliminary to
induction into the military |
| 18 | | service, may be reinstated or restored without
the payment of |
| 19 | | any lapsed renewal fees, reinstatement fee or restoration
fee |
| 20 | | if, within 2 years after the termination of the service, |
| 21 | | training, or
education other than by dishonorable discharge, |
| 22 | | the holder furnishes the
Department with an affidavit to the |
| 23 | | effect that the certificate holder has
been so engaged and that |
| 24 | | the service, training, or education has been so
terminated.
|
| 25 | | The Department, in its discretion, may waive enforcement of |
| 26 | | the continuing
education requirement in this Section, and shall |
|
| | HB1424 | - 60 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | adopt rules defining the
standards and criteria for such |
| 2 | | waiver, under the following circumstances:
|
| 3 | | (a) the licensee resides in a locality where it is |
| 4 | | demonstrated that the
absence of opportunities for such |
| 5 | | education would interfere with the ability of
the licensee to |
| 6 | | provide service to the public;
|
| 7 | | (b) the licensee's compliance with the continuing |
| 8 | | education requirements
would cause a substantial financial |
| 9 | | hardship on the licensee;
|
| 10 | | (c) the licensee is serving in the United States Armed |
| 11 | | Forces; or
|
| 12 | | (d) the licensee is incapacitated due to illness.
|
| 13 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 14 | | (225 ILCS 410/3C-9) (from Ch. 111, par. 1703C-9)
|
| 15 | | (Section scheduled to be repealed on January 1, 2016)
|
| 16 | | Sec. 3C-9. Nail technicians or nail technology teachers |
| 17 | | licensed elsewhere. Upon payment of the required fee, an |
| 18 | | applicant
who is a nail technician or nail technology teacher |
| 19 | | registered or licensed under the laws of another
state or |
| 20 | | territory of the United States or of a foreign country or |
| 21 | | province
may be granted a license as a nail technician or
nail |
| 22 | | technician teacher
by the Department in its discretion upon the |
| 23 | | following conditions:
|
| 24 | | (a) For a nail technologist registered or licensed |
| 25 | | elsewhere:
|
|
| | HB1424 | - 61 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (1) the applicant is at least 16 years of age;
|
| 2 | | (1.5) the applicant has passed an examination |
| 3 | | authorized by the
Department to determine eligibility to |
| 4 | | receive a license as a nail technician;
and
|
| 5 | | (2) the requirements for the registration or licensing |
| 6 | | of nail
technicians in the particular state, territory, |
| 7 | | country or province were,
at the date of licensure, |
| 8 | | substantially equivalent to the requirements then
in force |
| 9 | | in this State. The Department shall prescribe reasonable |
| 10 | | rules and
regulations governing the recognition of and the |
| 11 | | credit to be given to the
study of nail technology under a |
| 12 | | cosmetologist or nail technician
registered or licensed |
| 13 | | under the laws of another state or territory of the
United |
| 14 | | States or a foreign country or province by an applicant for |
| 15 | | a
license as a nail
technician.
|
| 16 | | (b) For a nail technology teacher/instructor
licensed or |
| 17 | | registered elsewhere:
|
| 18 | | (1) the applicant is at least 18 years of age;
|
| 19 | | (1.5) the applicant has passed an examination |
| 20 | | authorized by the
Department to determine eligibility to |
| 21 | | receive a license as a nail technology
teacher; and
|
| 22 | | (2) the requirements for the licensing of nail |
| 23 | | technology teachers/instructors in the other jurisdiction |
| 24 | | were, at the date
of licensure, substantially equivalent to |
| 25 | | the requirements then in force in
this State; or the |
| 26 | | applicant has established proof of legal practice as a nail
|
|
| | HB1424 | - 62 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | technology teacher/instructor in another
jurisdiction for
|
| 2 | | at least 3 years.
|
| 3 | | The Department shall allow applicants who have been |
| 4 | | licensed to practice
nail technology in other states a credit |
| 5 | | of at least 75 hours for each
year of experience toward the |
| 6 | | education required under this Act.
|
| 7 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 8 | | (225 ILCS 410/3D-5)
|
| 9 | | (Section scheduled to be repealed on January 1, 2016)
|
| 10 | | Sec. 3D-5. Requisites for ownership or operation of |
| 11 | | cosmetology,
esthetics, hair braiding, and nail technology |
| 12 | | salons and barber shops. |
| 13 | | (a) No person (including those professionals considered |
| 14 | | booth renters or independent contractors), firm, partnership, |
| 15 | | limited liability company, or corporation
shall own or operate |
| 16 | | a cosmetology, esthetics, hair braiding, or nail technology |
| 17 | | salon or
barber shop or employ, rent space to, or independently |
| 18 | | contract with any licensee under this Act without applying on |
| 19 | | forms provided by the Department for a salon/barber |
| 20 | | shop/braiding salon license for a
certificate of registration.
|
| 21 | | (b) The application for a license certificate of |
| 22 | | registration under this Section
shall
set forth the name, |
| 23 | | address, and telephone number of the proposed cosmetology,
|
| 24 | | esthetics, hair braiding, or nail technology salon or barber |
| 25 | | shop; the name, address, and
telephone number of the person, |
|
| | HB1424 | - 63 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | firm, partnership, or corporation that is to
own or operate the |
| 2 | | salon or shop; and, if the salon or shop is to be owned or
|
| 3 | | operated by an entity other than an individual, the name, |
| 4 | | address, and
telephone number of the managing partner or the |
| 5 | | chief executive officer of the
corporation or other entity that |
| 6 | | owns or operates the salon or shop.
|
| 7 | | (c) The Department shall be notified by the owner or |
| 8 | | operator of a salon or
shop that is moved to a new location. If |
| 9 | | there is a change in the ownership or
operation of a salon or |
| 10 | | shop, the new owner or operator shall report that
change to the |
| 11 | | Department along with completion of any additional |
| 12 | | requirements
set forth by rule.
|
| 13 | | (d) If a person, firm, partnership, limited liability |
| 14 | | company, or
corporation owns or operates more than one shop or |
| 15 | | salon, a separate license
certificate of registration must be |
| 16 | | obtained for each salon or shop.
|
| 17 | | (e) A license certificate of registration granted under |
| 18 | | this Section may be revoked
in accordance with the provisions |
| 19 | | of Article IV and the holder of the license
certificate may be |
| 20 | | otherwise disciplined by the Department in accordance with
|
| 21 | | rules adopted under this Act.
|
| 22 | | (f) The Department may promulgate rules to establish |
| 23 | | additional
requirements for owning or operating a salon or |
| 24 | | shop.
|
| 25 | | (Source: P.A. 96-1246, eff. 1-1-11.)
|
|
| | HB1424 | - 64 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (225 ILCS 410/Art. IIIE heading) |
| 2 | | ARTICLE IIIE. HAIR BRAIDING AND HAIR BRAIDING |
| 3 | | TEACHERS /INSTRUCTORS
|
| 4 | | (Source: P.A. 96-1246, eff. 1-1-11.)
|
| 5 | | (225 ILCS 410/3E-1) |
| 6 | | (Section scheduled to be repealed on January 1, 2016) |
| 7 | | Sec. 3E-1. Hair braiding defined. "Hair braiding" means a |
| 8 | | natural form of hair manipulation by braiding, cornrowing, |
| 9 | | extending, lacing, locking, sewing, twisting, weaving, or |
| 10 | | wrapping human hair, natural fibers, synthetic fibers, and hair |
| 11 | | extensions. Such practice can be performed by hand or by using |
| 12 | | simple braiding devices including clips, combs, hairpins, |
| 13 | | scissors, needles and thread. Hair braiding includes what is |
| 14 | | commonly known as "African-style hair braiding" or "natural |
| 15 | | hair care", but is not limited to any particular cultural, |
| 16 | | ethnic, racial, or religious form of hair style. Hair braiding |
| 17 | | includes the making of customized wigs from natural hair, |
| 18 | | natural fibers, synthetic fibers, and hair extensions. Hair |
| 19 | | braiding does not involve the use of penetrating chemical hair |
| 20 | | treatments, chemical hair coloring agents, chemical hair |
| 21 | | straightening agents, chemical smoothing agents, chemical hair |
| 22 | | joining agents, permanent wave styles, or chemical hair |
| 23 | | bleaching agents applied to growing human hair. Hair braiding |
| 24 | | does not include the cutting or growing of human hair, but may |
| 25 | | include the trimming of hair extensions or sewn weave-in |
|
| | HB1424 | - 65 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | extensions only as applicable to the braiding process.
|
| 2 | | (Source: P.A. 96-1246, eff. 1-1-11.)
|
| 3 | | (225 ILCS 410/3E-2) |
| 4 | | (Section scheduled to be repealed on January 1, 2016) |
| 5 | | Sec. 3E-2. Hair braider licensure; qualifications. |
| 6 | | (a) A person is qualified to receive a license as a hair |
| 7 | | braider if he or she has filed an application on forms provided |
| 8 | | by the Department, paid the required fees, and meets the |
| 9 | | following qualifications: |
| 10 | | (1) Is at least 16 years of age; |
| 11 | | (2) Is beyond the age of compulsory school attendance |
| 12 | | or has received a certificate of graduation from a school |
| 13 | | providing secondary education, or the recognized |
| 14 | | equivalent of that certificate; and |
| 15 | | (3) Has completed a program consisting of a minimum of |
| 16 | | 300 clock hours or a 10 credit hour equivalency of |
| 17 | | instruction, as defined by rule, in a licensed cosmetology |
| 18 | | school teaching a hair braiding curriculum or in a licensed |
| 19 | | hair braiding school as follows: |
| 20 | | (A) Basic training consisting of 35 hours of |
| 21 | | classroom instruction in general theory, practical |
| 22 | | application, and technical application in the |
| 23 | | following subject areas: history of hair braiding, |
| 24 | | personal hygiene and public health, professional |
| 25 | | ethics, disinfection and sanitation, bacteriology, |
|
| | HB1424 | - 66 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | disorders and diseases of the hair and scalp, OSHA |
| 2 | | standards relating to material safety data sheets |
| 3 | | (MSDS) on chemicals, hair analysis and scalp care, and |
| 4 | | technical procedures; |
| 5 | | (B) Related concepts consisting of 35 hours of |
| 6 | | classroom instruction in the following subject areas: |
| 7 | | Braid removal and scalp care; basic styling knowledge; |
| 8 | | tools and equipment; growth patterns, styles and |
| 9 | | sectioning; client consultation and face shapes; and |
| 10 | | client education, pre-care, post-care, home care and |
| 11 | | follow-up services; |
| 12 | | (C) Practices and procedures consisting of 200 |
| 13 | | hours of instruction, which shall be a combination of |
| 14 | | classroom instruction and clinical practical |
| 15 | | application, in the following subject areas: single |
| 16 | | braids with and without extensions; cornrows with and |
| 17 | | without extensions; twists and knots; multiple |
| 18 | | strands; hair locking; weaving/sewn-in; other |
| 19 | | procedures as they relate to hair-braiding; and |
| 20 | | product knowledge as it relates to hair braiding; and |
| 21 | | (D) Business practices consisting of 30 hours of |
| 22 | | classroom instruction in the following subject areas: |
| 23 | | Illinois Barber, Cosmetology, Esthetics, Hair |
| 24 | | Braiding, and Nail Technology Act of 1985 and Rules; |
| 25 | | salon management; human relations and salesmanship; |
| 26 | | and Workers' Compensation Act. |
|
| | HB1424 | - 67 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (b) The expiration date and renewal period for each license |
| 2 | | issued under this Act shall be set by rule. |
| 3 | | (c) Within 2 years after the effective date of this |
| 4 | | amendatory Act of the 96th General Assembly, the Department may |
| 5 | | issue a hair braider license to any applicant who does not meet |
| 6 | | the requirements of items (2) and (3) of subsection (a) of this |
| 7 | | Section if the applicant: (1) files an application in |
| 8 | | accordance with subsection (a), (2) pays the required fee, (3) |
| 9 | | has not committed an offense that would be grounds for |
| 10 | | discipline under this Act, and (4) is able to demonstrate to |
| 11 | | the Department through tax records or affidavits that he or she |
| 12 | | has practiced hair braiding for at least 2 consecutive years |
| 13 | | immediately prior to the date of his or her application. |
| 14 | | A hair braider who obtains his or her license under this |
| 15 | | subsection (c) may renew his or her license if he or she |
| 16 | | applies to the Department for renewal and has completed at |
| 17 | | least 65 hours of relevant training in health, safety, hygiene, |
| 18 | | and business management in accordance with the requirements of |
| 19 | | this Section or any rule adopted pursuant to this Section. A |
| 20 | | hair braider who renews his or her license under this |
| 21 | | subsection (c) may thereafter only renew his or her license if |
| 22 | | he or she meets the requirements of Section 3E-5 of this Act.
|
| 23 | | (Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11.)
|
| 24 | | (225 ILCS 410/3E-3) |
| 25 | | (Section scheduled to be repealed on January 1, 2016) |
|
| | HB1424 | - 68 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | Sec. 3E-3. Hair braiding teacher/instructor licensure. A |
| 2 | | hair braiding teacher/instructor license shall be made |
| 3 | | available by the Department. The qualifications for a hair |
| 4 | | braiding teacher license shall be provided by rule, and shall |
| 5 | | include at least 600 clock hours or a 20 credit hour |
| 6 | | equivalency in relevant teaching methods and curriculum |
| 7 | | content, or at least 500 clock hours of hair braiding |
| 8 | | teacher/instructor training for an individual who is able to |
| 9 | | establish that he or she has had at least 2 years of practical |
| 10 | | experience.
|
| 11 | | (Source: P.A. 96-1246, eff. 1-1-11.)
|
| 12 | | (225 ILCS 410/3E-5) |
| 13 | | (Section scheduled to be repealed on January 1, 2016) |
| 14 | | Sec. 3E-5. License renewal. To renew a license issued under |
| 15 | | this Article, an individual must produce proof of successful |
| 16 | | completion of 10 hours of continuing education for a hair |
| 17 | | braider license and 20 hours of continuing education for a hair |
| 18 | | braiding teacher/instructor license. |
| 19 | | A license that has been expired for more than 5 years may |
| 20 | | be restored by payment of the restoration fee and submitting |
| 21 | | evidence satisfactory to the Department of the current |
| 22 | | qualifications and fitness of the licensee, which shall include |
| 23 | | completion of continuing education hours for the period |
| 24 | | subsequent to expiration. The Department may establish |
| 25 | | additional rules for the administration of this Section and |
|
| | HB1424 | - 69 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | other requirements for the renewal of a hair braider or hair |
| 2 | | braiding teacher/instructor license issued under this Act.
|
| 3 | | (Source: P.A. 96-1246, eff. 1-1-11.)
|
| 4 | | (225 ILCS 410/Art. IIIF heading new) |
| 5 | | ARTICLE IIIF. SPA TECHNICIAN
|
| 6 | | (225 ILCS 410/3F-1 new) |
| 7 | | Sec. 3F-1. Definitions. As used in this Article: |
| 8 | | Spa technology means any one or combination of the |
| 9 | | following practices, when done for cosmetic or beautifying |
| 10 | | purposes and not for the treatment of disease or of a muscular |
| 11 | | or nervous disorder: |
| 12 | | (1) beautifying, massaging, cleansing, exfoliating, or |
| 13 | | stimulating the stratum corneum of the epidermis by the use |
| 14 | | of cosmetic preparations, body treatments, body wraps, |
| 15 | | hydrotherapy, or any device, electrical, mechanical, or |
| 16 | | otherwise, for the care of the skin; |
| 17 | | (2) applying make-up or eyelashes to any person or |
| 18 | | lightening hair on the body except the scalp; |
| 19 | | (3) removing superfluous hair from the body of any |
| 20 | | person; and |
| 21 | | (4) manicuring, pedicuring, or decorating nails, |
| 22 | | applying artificial applications by hand or with |
| 23 | | mechanical or electrical apparatus or appliances, or in any |
| 24 | | way beautifying the nails or the skin of the hands or feet |
|
| | HB1424 | - 70 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | including massaging the hands, arms, elbows, feet, lower |
| 2 | | legs, and knees of another person for other than the |
| 3 | | treatment of medical disorders. |
| 4 | | Spa technology does not include the services provided by a |
| 5 | | cosmetologist, barber stylist, or electrologist. Spa |
| 6 | | technicians are prohibited from using techniques, products, |
| 7 | | and practices intended to affect the living layers of the skin. |
| 8 | | Spa technology includes rendering advice on what is |
| 9 | | cosmetically appealing, but no person licensed under this Act |
| 10 | | shall render advice on what is appropriate medical treatment |
| 11 | | for diseases of the nails or the skin. |
| 12 | | Spa technician means any person who, with hands or |
| 13 | | mechanical or electrical apparatus or appliances, engages only |
| 14 | | in the use of cosmetic preparations, body treatments, body |
| 15 | | wraps, hydrotherapy, makeups, antiseptics, tonics, lotions, |
| 16 | | creams, or other preparations or in the practice of massaging, |
| 17 | | cleansing, exfoliating the stratum corneum of the epidermis, |
| 18 | | stimulating, manipulating, beautifying, grooming, threading, |
| 19 | | or similar work on the face, neck, arms, hands, or body in a |
| 20 | | superficial mode; and manicures, pedicures, decorates nails, |
| 21 | | or applies artificial applications, or in any way beautifies |
| 22 | | the nails or the skin of the hands or feet, including massaging |
| 23 | | the hands, arms, elbows, feet, lower legs, and knees of another |
| 24 | | person or, and not for the treatment of medical disorders.
|
| 25 | | (225 ILCS 410/3F-2 new) |
|
| | HB1424 | - 71 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | Sec. 3F-2. Licensure as a spa technician; qualifications. A |
| 2 | | person is qualified to receive a license as a spa technician if |
| 3 | | that person has applied in writing on forms prescribed by the |
| 4 | | Department, has paid the required fees, and: |
| 5 | | (1) is at least 16 years of age; |
| 6 | | (2) has a certificate of graduation from a school providing |
| 7 | | secondary education, or the recognized equivalent of such a |
| 8 | | certificate, or persons who are beyond the age of compulsory |
| 9 | | school attendance; |
| 10 | | (3) has graduated from a school of cosmetology approved by |
| 11 | | the Department, having completed a total of 1,000 hours in the |
| 12 | | study of esthetics and nail technology extending over a period |
| 13 | | of not less than 9 months nor more than 3 years. Time spent in |
| 14 | | such study under the laws of another state or territory of the |
| 15 | | United States or of a foreign country or province shall be |
| 16 | | credited toward the period of study required by the provisions |
| 17 | | of this paragraph (3); |
| 18 | | (4) has passed an examination caused to be conducted by the |
| 19 | | Department or its designated testing service to determine |
| 20 | | fitness to receive a license as a barber; and |
| 21 | | (5) has met all other requirements of this Act.
|
| 22 | | (225 ILCS 410/4-1)
|
| 23 | | (Section scheduled to be repealed on January 1, 2016)
|
| 24 | | Sec. 4-1. Powers and duties of Department. The Department |
| 25 | | shall
exercise, subject to the provisions of this Act, the |
|
| | HB1424 | - 72 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | following functions,
powers and duties:
|
| 2 | | (1) To cause to be conducted examinations to ascertain |
| 3 | | the
qualifications and fitness of applicants for licensure |
| 4 | | as
cosmetologists, estheticians, nail technicians, hair |
| 5 | | braiders, or barbers, barber stylists, or spa technicians |
| 6 | | and as
cosmetology, esthetics, nail technology, hair |
| 7 | | braiding, or barber teachers/instructors.
|
| 8 | | (2) To determine the qualifications for licensure as |
| 9 | | (i) a
cosmetologist,
esthetician, nail technician, hair |
| 10 | | braider, or barber, barber stylist, or spa technician or |
| 11 | | (ii) a cosmetology, esthetics, nail
technology, hair |
| 12 | | braiding, or barber teacher/instructor , or (iii) a |
| 13 | | cosmetology
clinic teacher for persons currently holding |
| 14 | | similar licenses
outside the State of
Illinois or the |
| 15 | | continental U.S.
|
| 16 | | (3) To prescribe rules for:
|
| 17 | | (i) The method of examination of candidates for |
| 18 | | licensure as a
cosmetologist, esthetician, nail |
| 19 | | technician, hair braider, or barber, barber stylist, |
| 20 | | or spa technician or cosmetology,
esthetics, nail |
| 21 | | technology, hair braiding, or barber |
| 22 | | teacher/instructor.
|
| 23 | | (ii) Minimum standards as to what constitutes an |
| 24 | | approved
cosmetology, esthetics, nail technology, hair |
| 25 | | braiding, or barber school.
|
| 26 | | (4) To conduct investigations or hearings on |
|
| | HB1424 | - 73 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | proceedings to
determine
disciplinary action.
|
| 2 | | (5) To prescribe reasonable rules governing the |
| 3 | | sanitary
regulation
and inspection of cosmetology, |
| 4 | | esthetics, nail technology, hair braiding, or barber
|
| 5 | | schools, salons, or shops.
|
| 6 | | (6) To prescribe reasonable rules for the method of |
| 7 | | renewal for each license
as a cosmetologist, esthetician, |
| 8 | | nail technician, hair braider,
or barber, barber stylist, |
| 9 | | or spa technician or cosmetology, esthetics, nail |
| 10 | | technology, hair braiding, or
barber teacher/instructor or |
| 11 | | cosmetology clinic
teacher.
|
| 12 | | (7) To prescribe reasonable rules for the method of
|
| 13 | | licensure registration, the
issuance, fees, renewal and |
| 14 | | discipline of a license certificate of registration for the
|
| 15 | | ownership or operation of cosmetology, esthetics, hair |
| 16 | | braiding, and nail technology salons
and barber shops.
|
| 17 | | (8) (Blank). To adopt rules concerning sanitation |
| 18 | | requirements, requirements for education on sanitation, |
| 19 | | and any other health concerns associated with threading. |
| 20 | | (Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15.)
|
| 21 | | (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
|
| 22 | | (Section scheduled to be repealed on January 1, 2016)
|
| 23 | | Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair |
| 24 | | Braiding, and Nail Technology
Board. There is established |
| 25 | | within the Department the Barber,
Cosmetology, Esthetics, Hair |
|
| | HB1424 | - 74 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | Braiding, and Nail Technology Board, composed of 11
persons, |
| 2 | | which shall serve in an advisory capacity to the Secretary
in |
| 3 | | all matters related to the practice of barbering, cosmetology,
|
| 4 | | esthetics, hair braiding, and nail technology.
|
| 5 | | The 11 members of the Board shall be appointed as follows: |
| 6 | | 6 licensed
cosmetologists, all of whom hold a
current license |
| 7 | | as a cosmetologist, barber stylist, or cosmetology esthetics, |
| 8 | | and nail technology, teacher/instructor and, for appointments
|
| 9 | | made
after the effective date of this amendatory Act of 1996, |
| 10 | | at least
2 of whom shall be an owner of or a major stockholder |
| 11 | | in a school
of cosmetology,
2 of whom shall be representatives |
| 12 | | of either a franchiser or an owner operating salons in 2 or |
| 13 | | more locations within the State, one of whom shall be
an |
| 14 | | independent salon owner,
and no one of the
cosmetologist |
| 15 | | members shall be a manufacturer, jobber, or stockholder in a
|
| 16 | | factory of
cosmetology articles or an immediate family member |
| 17 | | of any of the above; one of
whom shall be a barber holding a |
| 18 | | current license; one member who shall be a
licensed |
| 19 | | esthetician, licensed spa technician, or esthetics |
| 20 | | teacher/instructor; one member who shall be a licensed
nail |
| 21 | | technician or nail technology teacher/instructor; one member |
| 22 | | who shall be a licensed hair braider or hair braiding |
| 23 | | teacher/instructor; and one public member who holds no
licenses |
| 24 | | issued by the Department. The Secretary shall give due |
| 25 | | consideration for membership to
recommendations by members of |
| 26 | | the professions and by their professional
organizations. |
|
| | HB1424 | - 75 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | Members shall serve 4 year terms and until their successors
are |
| 2 | | appointed and qualified. No member shall be reappointed to the |
| 3 | | Board for more than 2
terms. Appointments to fill vacancies |
| 4 | | shall be made in the same manner as
original appointments for |
| 5 | | the unexpired portion of the vacated term. Members
of
the Board |
| 6 | | in office on the effective date of this amendatory Act of
1996
|
| 7 | | shall continue to serve for the duration of the terms to which |
| 8 | | they have been
appointed, but beginning on that effective date |
| 9 | | all appointments of licensed professionals
cosmetologists and |
| 10 | | barbers to serve as members of the Board shall be made
in a |
| 11 | | manner that will effect at the earliest possible date the |
| 12 | | changes made by
this amendatory Act of 1996 in the |
| 13 | | representative composition of
the
Board.
|
| 14 | | For the initial appointment of a member who shall be a hair |
| 15 | | braider or hair braiding teacher to the Board, such individual |
| 16 | | shall not be required to possess a license at the time of |
| 17 | | appointment, but shall have at least 5 years active practice in |
| 18 | | the field of hair braiding and shall obtain a license as a hair |
| 19 | | braider or a hair braiding teacher within 18 months after |
| 20 | | appointment to the Board. |
| 21 | | Six members of the Board shall constitute a quorum. A
|
| 22 | | majority is required for Board decisions.
|
| 23 | | Whenever the Secretary is satisfied that substantial |
| 24 | | justice has
not been done in an examination, the Secretary may |
| 25 | | order a reexamination by the
same or other examiners.
|
| 26 | | (Source: P.A. 96-1246, eff. 1-1-11.)
|
|
| | HB1424 | - 76 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
|
| 2 | | (Section scheduled to be repealed on January 1, 2016)
|
| 3 | | Sec. 4-4. Issuance of license. Whenever the provisions
of |
| 4 | | this Act have been complied with, the Department shall issue a |
| 5 | | license as a
cosmetologist, esthetician,
nail technician, hair |
| 6 | | braider, or barber, barber stylist, or spa technician a license |
| 7 | | as
a cosmetology, esthetics, nail technology, hair braiding, or |
| 8 | | barber teacher/instructor ,
or a license as a cosmetology clinic |
| 9 | | teacher
as the case may be.
|
| 10 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 11 | | (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
|
| 12 | | (Section scheduled to be repealed on January 1, 2016)
|
| 13 | | Sec. 4-7. Refusal, suspension and revocation of licenses; |
| 14 | | causes;
disciplinary action. |
| 15 | | (1) The Department may refuse to issue or renew, and
may |
| 16 | | suspend, revoke, place on probation, reprimand or take any |
| 17 | | other
disciplinary or non-disciplinary action as the |
| 18 | | Department may deem proper, including civil
penalties not to |
| 19 | | exceed $500 for each violation, with regard to any
license for |
| 20 | | any one, or any combination, of
the
following causes:
|
| 21 | | a. Conviction of any crime
under the laws of the United |
| 22 | | States or any state or territory thereof that
is (i) a |
| 23 | | felony, (ii) a misdemeanor, an essential element
of which |
| 24 | | is dishonesty, or (iii) a crime which is related to the |
|
| | HB1424 | - 77 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | practice of
the profession.
|
| 2 | | b. Conviction of any of the violations listed in
|
| 3 | | Section 4-20.
|
| 4 | | c. Material misstatement in furnishing information to |
| 5 | | the Department.
|
| 6 | | d. Making any misrepresentation for the purpose of |
| 7 | | obtaining
a license or violating any provision of this Act |
| 8 | | or its rules.
|
| 9 | | e. Aiding or assisting another person in violating any |
| 10 | | provision of this
Act or its rules.
|
| 11 | | f. Failing, within 60 days, to provide information in |
| 12 | | response to a
written request made by the Department.
|
| 13 | | g. Discipline by another state, territory, or country |
| 14 | | if at least one of
the grounds for the discipline is the |
| 15 | | same as or substantially equivalent to
those set forth in |
| 16 | | this Act.
|
| 17 | | h. Practice in the barber, nail technology, esthetics, |
| 18 | | hair braiding, or
cosmetology profession, or an attempt to |
| 19 | | practice in those professions, by
fraudulent |
| 20 | | misrepresentation.
|
| 21 | | i. Gross malpractice or gross incompetency.
|
| 22 | | j. Continued practice by a person knowingly having an
|
| 23 | | infectious
or contagious disease.
|
| 24 | | k. Solicitation of professional services by using |
| 25 | | false or
misleading advertising.
|
| 26 | | l. A finding by the Department that the licensee, after |
|
| | HB1424 | - 78 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | having his or
her license placed on probationary status, |
| 2 | | has violated the terms of
probation.
|
| 3 | | m. Directly or indirectly giving to or receiving from |
| 4 | | any person, firm,
corporation, partnership or association |
| 5 | | any fee, commission, rebate, or other
form of compensation |
| 6 | | for any professional services not actually or personally
|
| 7 | | rendered.
|
| 8 | | n. Violating any of the provisions of this Act or rules |
| 9 | | adopted
pursuant to this Act.
|
| 10 | | o. Willfully making or filing false records or reports |
| 11 | | relating to a
licensee's practice, including but not |
| 12 | | limited to, false records filed with
State agencies or |
| 13 | | departments.
|
| 14 | | p. Habitual or excessive use
addiction to alcohol, |
| 15 | | narcotics, stimulants, or any other chemical agent or
drug |
| 16 | | that results in the inability to practice with reasonable |
| 17 | | judgment, skill
or safety.
|
| 18 | | q. Engaging in dishonorable, unethical or |
| 19 | | unprofessional conduct of a character likely to deceive,
|
| 20 | | defraud, or harm the public as may be defined by rules of |
| 21 | | the Department, or
violating
the rules of professional |
| 22 | | conduct which may be adopted by the Department.
|
| 23 | | r. Permitting any person to use for any unlawful or |
| 24 | | fraudulent
purpose one's diploma or license or certificate |
| 25 | | of registration as a
cosmetologist, nail technician, |
| 26 | | esthetician, hair braider, or barber, barber stylist, or |
|
| | HB1424 | - 79 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | spa technician or cosmetology,
nail technology, esthetics, |
| 2 | | hair braiding, or barber teacher/instructor or salon or |
| 3 | | shop or
cosmetology clinic teacher.
|
| 4 | | s. Being named as a perpetrator in an indicated report |
| 5 | | by the Department
of Children and Family Services under the |
| 6 | | Abused and Neglected Child Reporting
Act and upon proof by |
| 7 | | clear and convincing evidence that the licensee has
caused |
| 8 | | a child to be an abused child or neglected child as defined |
| 9 | | in the
Abused and Neglected Child Reporting Act.
|
| 10 | | (2) In rendering an order, the Secretary shall take into
|
| 11 | | consideration the facts and circumstances involving the type of |
| 12 | | acts
or omissions in paragraph (1) of this Section including, |
| 13 | | but not limited to:
|
| 14 | | (a) the extent to which public confidence in the |
| 15 | | cosmetology, nail
technology, esthetics, hair braiding, or |
| 16 | | barbering profession was, might have been, or may be,
|
| 17 | | injured;
|
| 18 | | (b) the degree of trust and dependence among the |
| 19 | | involved parties;
|
| 20 | | (c) the character and degree of harm which did result |
| 21 | | or might
have resulted;
|
| 22 | | (d) the intent or mental state of the licensee at the
|
| 23 | | time of the acts or omissions.
|
| 24 | | (3) The Department shall reissue the license or |
| 25 | | registration upon
certification by the Board that the |
| 26 | | disciplined licensee or registrant
has complied with all of the |
|
| | HB1424 | - 80 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | terms and conditions set forth in the final
order or has been |
| 2 | | sufficiently rehabilitated to warrant the public trust.
|
| 3 | | (4) The Department shall refuse to issue or renew or |
| 4 | | suspend without hearing the license or
certificate of |
| 5 | | registration
of any person who fails to file a return, or to |
| 6 | | pay the tax, penalty or
interest shown in a filed return, or to |
| 7 | | pay any final assessment of tax,
penalty or interest, as |
| 8 | | required by any tax Act administered by the
Illinois Department |
| 9 | | of Revenue, until such time as the requirements of any
such tax |
| 10 | | Act are satisfied as determined by the Department of Revenue.
|
| 11 | | (5) The Department shall deny without hearing any |
| 12 | | application for a
license or renewal of a license under this |
| 13 | | Act by a person who has defaulted on
an educational loan |
| 14 | | guaranteed by the Illinois Student Assistance Commission;
|
| 15 | | however, the Department may issue or renew a license if the |
| 16 | | person in default
has established a satisfactory repayment |
| 17 | | record as determined by the Illinois
Student Assistance |
| 18 | | Commission.
|
| 19 | | (6) All fines imposed under this Section shall be paid |
| 20 | | within 60 days after the effective date of the order imposing |
| 21 | | the fine or in accordance with the terms set forth in the order |
| 22 | | imposing the fine. |
| 23 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 24 | | (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
|
| 25 | | (Section scheduled to be repealed on January 1, 2016)
|
|
| | HB1424 | - 81 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | Sec. 4-9. Practice without a license or after suspension or |
| 2 | | revocation
thereof. |
| 3 | | (a) If any person violates the provisions of this Act, the |
| 4 | | Secretary
may, in the name of the People of the State of |
| 5 | | Illinois, through the
Attorney General of the State of |
| 6 | | Illinois, petition, for an order
enjoining such violation or |
| 7 | | for an order enforcing compliance with
this Act. Upon the |
| 8 | | filing of a verified petition in such court, the
court may |
| 9 | | issue a temporary restraining order, without notice or
bond, |
| 10 | | and may preliminarily and permanently enjoin such violation,
|
| 11 | | and if it is established that such person has violated or is
|
| 12 | | violating the injunction, the Court may punish the offender for
|
| 13 | | contempt of court. Proceedings under this Section shall be in
|
| 14 | | addition to, and not in lieu of, all other remedies and |
| 15 | | penalties
provided by this Act.
|
| 16 | | (b) If any person shall practice as a barber, |
| 17 | | cosmetologist, nail
technician, hair braider, or esthetician, |
| 18 | | barber stylist, or spa technician or teacher thereof or |
| 19 | | cosmetology clinic teacher or hold himself or herself out as |
| 20 | | such
without being licensed under the provisions of this Act, |
| 21 | | any
licensee, any interested party, or any person injured |
| 22 | | thereby
may, in addition to the Secretary, petition for relief |
| 23 | | as provided in subsection
(a) of this Section.
|
| 24 | | (c) Whenever in the opinion of the Department any person |
| 25 | | violates
any provision of this Act, the Department may issue a |
| 26 | | rule to show
cause why an order to cease and desist should not |
|
| | HB1424 | - 82 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | be entered against
him. The rule shall clearly set forth the |
| 2 | | grounds relied upon by
the Department and shall provide a |
| 3 | | period of 7 days from the date of
the rule to file an answer to |
| 4 | | the satisfaction of the Department.
Failure to answer to the |
| 5 | | satisfaction of the Department shall cause
an order to cease |
| 6 | | and desist to be issued immediately.
|
| 7 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 8 | | (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
|
| 9 | | (Section scheduled to be repealed on January 1, 2016)
|
| 10 | | Sec. 4-19. Emergency suspension. The Secretary may |
| 11 | | temporarily suspend
the license of a barber, cosmetologist, |
| 12 | | nail technician, hair braider, esthetician, barber stylist, or |
| 13 | | spa technician or
teacher/instructor thereof or of a |
| 14 | | cosmetology clinic
teacher without a hearing, simultaneously |
| 15 | | with the institution of
proceedings for a hearing provided for |
| 16 | | in Section 4-10 of this Act, if the Secretary
finds that |
| 17 | | evidence in his possession indicates that the
licensee's |
| 18 | | continuation in practice would constitute an
imminent danger
to |
| 19 | | the public. In the event that the Secretary suspends, |
| 20 | | temporarily, this
license without a hearing, a hearing must be |
| 21 | | commenced within 30 days after
such suspension has occurred.
|
| 22 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 23 | | (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
|
| 24 | | (Section scheduled to be repealed on January 1, 2016)
|
|
| | HB1424 | - 83 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | Sec. 4-20. Violations; penalties. Whoever violates any of |
| 2 | | the following
shall, for the first offense, be guilty of a |
| 3 | | Class B misdemeanor; for the
second offense, shall be guilty of |
| 4 | | a Class A misdemeanor; and for all
subsequent offenses, shall |
| 5 | | be guilty of a Class 4 felony and be fined not
less than $1,000 |
| 6 | | or more than $5,000.
|
| 7 | | (1) The practice of cosmetology, nail technology, |
| 8 | | esthetics, hair braiding, or
barbering
or an attempt to |
| 9 | | practice cosmetology, nail technology, esthetics, hair |
| 10 | | braiding, or
barbering without a license as a
cosmetologist, |
| 11 | | nail technician, esthetician, hair braider, or barber, barber |
| 12 | | stylist, or spa technician; or the practice or attempt to |
| 13 | | practice as a
cosmetology, nail technology, esthetics, hair |
| 14 | | braiding, or barber teacher/instructor without a
license as a |
| 15 | | cosmetology, nail technology,
esthetics, hair braiding, or |
| 16 | | barber teacher/instructor ; or the practice or attempt to |
| 17 | | practice as a cosmetology clinic teacher without a proper |
| 18 | | license.
|
| 19 | | (2) The obtaining of or an attempt to obtain a
license
or |
| 20 | | money or any other thing of value by fraudulent |
| 21 | | misrepresentation.
|
| 22 | | (3) Practice in the barber, nail technology, cosmetology, |
| 23 | | hair braiding, or
esthetic
profession, or an attempt to |
| 24 | | practice in those professions, by fraudulent
|
| 25 | | misrepresentation.
|
| 26 | | (4) Wilfully making any false oath or affirmation whenever |
|
| | HB1424 | - 84 - | LRB099 06559 HAF 26632 b |
|
|
|
| 1 | | an
oath
or affirmation is required by this Act.
|
| 2 | | (5) The violation of any of the provisions of this Act.
|
| 3 | | (Source: P.A. 98-911, eff. 1-1-15.)
|
| 4 | | Section 99. Effective date. This Act takes effect upon |
| 5 | | becoming law.
|
| | | HB1424 | - 85 - | LRB099 06559 HAF 26632 b |
| |
| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
| | | 3 | | 5 ILCS 80/4.26 | | | | 4 | | 5 ILCS 80/4.36 new | | | | 5 | | 225 ILCS 410/1-4 | | | | 6 | | 225 ILCS 410/1-7 | from Ch. 111, par. 1701-7 | | | 7 | | 225 ILCS 410/1-10 | from Ch. 111, par. 1701-10 | | | 8 | | 225 ILCS 410/1-11 | from Ch. 111, par. 1701-11 | | | 9 | | 225 ILCS 410/2-4 | from Ch. 111, par. 1702-4 | | | 10 | | 225 ILCS 410/2-4a | from Ch. 111, par. 1702-4a | | | 11 | | 225 ILCS 410/2-7 | from Ch. 111, par. 1702-7 | | | 12 | | 225 ILCS 410/2A-7 | | | | 13 | | 225 ILCS 410/Art. IIB | | 14 | | heading new | | | | 15 | | 225 ILCS 410/2B-1 new | | | | 16 | | 225 ILCS 410/2B-2 new | | | | 17 | | 225 ILCS 410/3-1 | from Ch. 111, par. 1703-1 | | | 18 | | 225 ILCS 410/3-4 | from Ch. 111, par. 1703-4 | | | 19 | | 225 ILCS 410/3-6 | from Ch. 111, par. 1703-6 | | | 20 | | 225 ILCS 410/3-7 | from Ch. 111, par. 1703-7 | | | 21 | | 225 ILCS 410/3-7.1 | from Ch. 111, par. 1703-7.1 | | | 22 | | 225 ILCS 410/3-8 | from Ch. 111, par. 1703-8 | | | 23 | | 225 ILCS 410/3A-3 | from Ch. 111, par. 1703A-3 | | | 24 | | 225 ILCS 410/3A-5 | from Ch. 111, par. 1703A-5 | | | 25 | | 225 ILCS 410/3A-6 | from Ch. 111, par. 1703A-6 | |
| | | HB1424 | - 86 - | LRB099 06559 HAF 26632 b |
| |
| | 1 | | 225 ILCS 410/3A-7 | from Ch. 111, par. 1703A-7 | | | 2 | | 225 ILCS 410/3B-2 | from Ch. 111, par. 1703B-2 | | | 3 | | 225 ILCS 410/3B-3 | from Ch. 111, par. 1703B-3 | | | 4 | | 225 ILCS 410/3B-10 | | | | 5 | | 225 ILCS 410/3B-15 | | | | 6 | | 225 ILCS 410/3C-1 | from Ch. 111, par. 1703C-1 | | | 7 | | 225 ILCS 410/3C-2 | from Ch. 111, par. 1703C-2 | | | 8 | | 225 ILCS 410/3C-3 | from Ch. 111, par. 1703C-3 | | | 9 | | 225 ILCS 410/3C-7 | from Ch. 111, par. 1703C-7 | | | 10 | | 225 ILCS 410/3C-8 | from Ch. 111, par. 1703C-8 | | | 11 | | 225 ILCS 410/3C-9 | from Ch. 111, par. 1703C-9 | | | 12 | | 225 ILCS 410/3D-5 | | | | 13 | | 225 ILCS 410/Art. IIIE | | 14 | | heading | | | | 15 | | 225 ILCS 410/3E-1 | | | | 16 | | 225 ILCS 410/3E-2 | | | | 17 | | 225 ILCS 410/3E-3 | | | | 18 | | 225 ILCS 410/3E-5 | | | | 19 | | 225 ILCS 410/Art. IIIF | | 20 | | heading new | | | | 21 | | 225 ILCS 410/3F-1 new | | | | 22 | | 225 ILCS 410/3F-2 new | | | | 23 | | 225 ILCS 410/4-1 | | | | 24 | | 225 ILCS 410/4-2 | from Ch. 111, par. 1704-2 | | | 25 | | 225 ILCS 410/4-4 | from Ch. 111, par. 1704-4 | | | 26 | | 225 ILCS 410/4-7 | from Ch. 111, par. 1704-7 | |
| | | HB1424 | - 87 - | LRB099 06559 HAF 26632 b |
| |
|
|