HB4076 EnrolledLRB097 14435 CEL 59274 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by
6changing Sections 1-4, 2-2, 2-4, and 2A-1 and by adding Section
72-9 as follows:
 
8    (225 ILCS 410/1-4)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 1-4. Definitions. In this Act the following words
11shall have the following meanings:
12    "Board" means the Barber, Cosmetology, Esthetics, and Nail
13Technology Board.
14    "Department" means the Department of Financial and
15Professional Regulation.
16    "Licensed barber" means an individual licensed by the
17Department to practice barbering as defined in this Act and
18whose license is in good standing.
19    "Licensed barber clinic teacher" means an individual
20licensed by the Department to practice barbering, as defined in
21this Act, and to provide clinical instruction in the practice
22of barbering in an approved school of barbering.
23    "Licensed cosmetologist" means an individual licensed by

 

 

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1the Department to practice cosmetology, nail technology, and
2esthetics as defined in this Act and whose license is in good
3standing.
4    "Licensed esthetician" means an individual licensed by the
5Department to practice esthetics as defined in this Act and
6whose license is in good standing.
7    "Licensed nail technician" means any individual licensed
8by the Department to practice nail technology as defined in
9this Act and whose license is in good standing.
10    "Licensed barber teacher" means an individual licensed by
11the Department to practice barbering as defined in this Act and
12to provide instruction in the theory and practice of barbering
13to students in an approved barber school.
14    "Licensed cosmetology teacher" means an individual
15licensed by the Department to practice cosmetology, esthetics,
16and nail technology as defined in this Act and to provide
17instruction in the theory and practice of cosmetology,
18esthetics, and nail technology to students in an approved
19cosmetology, esthetics, or nail technology school.
20    "Licensed cosmetology clinic teacher" means an individual
21licensed by the Department to practice cosmetology, esthetics,
22and nail technology as defined in this Act and to provide
23clinical instruction in the practice of cosmetology,
24esthetics, and nail technology in an approved school of
25cosmetology, esthetics, or nail technology.
26    "Licensed esthetics teacher" means an individual licensed

 

 

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1by the Department to practice esthetics as defined in this Act
2and to provide instruction in the theory and practice of
3esthetics to students in an approved cosmetology or esthetics
4school.
5    "Licensed esthetics clinic teacher" means an individual
6licensed by the Department to practice esthetics as defined in
7this Act and to provide clinical instruction in the practice of
8esthetics in an approved school of cosmetology or an approved
9school of esthetics.
10    "Licensed hair braider" means any individual licensed by
11the Department to practice hair braiding as defined in Section
123E-1 and whose license is in good standing.
13    "Licensed hair braiding teacher" means an individual
14licensed by the Department to practice hair braiding and to
15provide instruction in the theory and practice of hair braiding
16to students in an approved cosmetology school.
17    "Licensed nail technology teacher" means an individual
18licensed by the Department to practice nail technology and to
19provide instruction in the theory and practice of nail
20technology to students in an approved nail technology school or
21cosmetology school.
22    "Licensed nail technology clinic teacher" means an
23individual licensed by the Department to practice nail
24technology as defined in this Act and to provide clinical
25instruction in the practice of nail technology in an approved
26school of cosmetology or an approved school of nail technology.

 

 

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1    "Enrollment" is the date upon which the student signs an
2enrollment agreement or student contract.
3    "Enrollment agreement" or "student contract" is any
4agreement, instrument, or contract however named, which
5creates or evidences an obligation binding a student to
6purchase a course of instruction from a school.
7    "Enrollment time" means the maximum number of hours a
8student could have attended class, whether or not the student
9did in fact attend all those hours.
10    "Elapsed enrollment time" means the enrollment time
11elapsed between the actual starting date and the date of the
12student's last day of physical attendance in the school.
13    "School" means an institution of higher education that
14meets the requirements of 34 CFR 600.9.
15    "Secretary" means the Secretary of the Department of
16Financial and Professional Regulation.
17    "Threading" means any technique that results in the removal
18of superfluous hair from the body by twisting thread around
19unwanted hair and then pulling it from the skin; and may also
20include the incidental trimming of eyebrow hair.
21(Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11;
2297-333, eff. 8-12-11.)
 
23    (225 ILCS 410/2-2)  (from Ch. 111, par. 1702-2)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 2-2. Licensure as a barber; qualifications. A person

 

 

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1is qualified to receive a license as a barber if that person
2has applied in writing on forms prescribed by the Department,
3has paid the required fees, and:
4    a. Is at least 16 years of age; and
5    b. Has a certificate of graduation from a school providing
6secondary education, or the recognized equivalent of such a
7certificate, or persons who are beyond the age of compulsory
8school attendance; and
9    c. Has graduated from a school of barbering or school of
10cosmetology approved by the Department, having completed a
11total of 1500 hours in the study of barbering extending over a
12period of not less than 9 months nor more than 3 years. A
13school of barbering may, at its discretion, consistent with the
14rules of the Department, accept up to 500 hours of cosmetology
15school training at a recognized cosmetology school toward the
161500 hour course requirement of barbering. Time spent in such
17study under the laws of another state or territory of the
18United States or of a foreign country or province shall be
19credited toward the period of study required by the provisions
20of this paragraph; and
21    d. Has passed an examination caused to be conducted by the
22Department or its designated testing service to determine
23fitness to receive a license as a barber; and
24    e. Has met all other requirements of this Act.
25(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
 

 

 

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1    (225 ILCS 410/2-4)  (from Ch. 111, par. 1702-4)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 2-4. Licensure as a barber teacher; qualifications.
4    (1) A person is qualified to receive a license as a barber
5teacher if that person files an application on forms provided
6by the Department, pays the required fee, and:
7        a. Is at least 18 years of age;
8        b. Has graduated from high school or its equivalent;
9        c. Has a current license as a barber or cosmetologist;
10        d. Has graduated from a barber school or school of
11    cosmetology approved by the Department having either:
12            (1) completed a total of 500 hours in barber
13        teacher training extending over a period of not less
14        than 3 months nor more than 2 years and has had 3 years
15        of practical experience as a licensed barber; or
16            (2) completed a total of 1,000 hours of barber
17        teacher training extending over a period of not less
18        than 6 months nor more than 2 years; or and
19            (3) completed the cosmetology teacher training as
20        specified in paragraph (4) of subsection (a) of Section
21        3-4 of this Act; and
22        e. Has passed an examination authorized by the
23    Department to determine fitness to receive a license as a
24    barber teacher or a cosmetology teacher; and
25        f. Has met any other requirements set forth in this
26    Act.

 

 

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1    An applicant who is issued a license as a Barber Teacher is
2not required to maintain a barber license in order to practice
3barbering as defined in this Act.
4    (2) A person is qualified to receive a license as a barber
5clinic teacher if he or she has applied in writing on forms
6provided by the Department, has paid the required fees, and:
7        (A) is at least 18 years of age;
8        (B) has graduated from high school or its equivalent;
9        (C) has a current license as a barber;
10        (D) has (i) completed a program of 250 hours of clinic
11    teacher training in a licensed school of barbering or (ii)
12    within 5 years preceding the required examination, has
13    obtained a minimum of 2 years of practical experience
14    working at least 30 full-time hours per week as a licensed
15    barber and has completed an instructor's institute of 20
16    hours, as prescribed by the Department, prior to submitting
17    an application for examination;
18        (E) has passed an examination authorized by the
19    Department to determine eligibility to receive a license as
20    a barber teacher; and
21        (F) has met any other requirements of this Act.
22    The Department shall not issue any new barber clinic
23teacher licenses after January 1, 2009. Any person issued a
24license as a barber clinic teacher before January 1, 2009, may
25renew the license after that date under this Act and that
26person may continue to renew the license or have the license

 

 

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1restored during his or her lifetime, subject only to the
2renewal or restoration requirements for the license under this
3Act; however, such licensee and license shall remain subject to
4the provisions of this Act, including, but not limited to,
5provisions concerning renewal, restoration, fees, continuing
6education, discipline, administration, and enforcement.
7(Source: P.A. 94-871, eff. 6-16-06.)
 
8    (225 ILCS 410/2-9 new)
9    Sec. 2-9. Degree in barbering at a cosmetology school. A
10school of cosmetology may offer a degree in barbering, as
11defined by this Act, provided that the school of cosmetology
12complies with subsections (c), (d), and (e) of Section 2-2 of
13this Act; utilizes barber teachers properly licensed under
14paragraph (1) of Section 2-4 of this Act; and complies with
15Sections 2A-7 and 3B-10 of this Act.
 
16    (225 ILCS 410/2A-1)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 2A-1. Application. The provisions of this Article IIA
19are applicable only to barber or cosmetology schools regulated
20under this Act.
21(Source: P.A. 89-387, eff. 1-1-96.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.