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Full Text of HB3655  99th General Assembly

HB3655eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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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 Regulatory Sunset Act is amended by changing
5Section 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 Acts repealed on January 1, 2016.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
8Acts are repealed on January 1, 2016: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
14Nail 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;
2096-1246, eff. 1-1-11.)
 
21    (5 ILCS 80/4.36 new)
22    Sec. 4.36. Act repealed on January 1, 2026. The following

 

 

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1Act is repealed on January 1, 2026:
2    The Barber, Cosmetology, Esthetics, Hair Braiding, Nail
3Technology, and Eyelash Extension Application Act of 1985.
 
4    Section 10. The Massage Licensing Act is amended by
5changing Section 30 as follows:
 
6    (225 ILCS 57/30)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 30. Title protection.
9    (a) Persons regulated by this Act are designated as massage
10therapists and therefore are exclusively entitled to utilize
11the terms "massage", "massage therapy", and "massage
12therapist" when advertising or printing promotional material.
13    (b) Anyone who knowingly aids and abets one or more persons
14not authorized to use a professional title regulated by this
15Act or knowingly employs persons not authorized to use the
16regulated professional title in the course of their employment,
17commits a violation of this Act.
18    (c) Anyone not authorized, under the definitions of this
19Act, to utilize the term "massage", "massage therapy", or
20"massage therapist" and who knowingly utilizes these terms when
21advertising commits a violation of this Act.
22    (d) Nothing in this Act shall prohibit the use of the terms
23"massage", "massage therapy", or "massage therapist" by a salon
24registered under the Barber, Cosmetology, Esthetics, Hair

 

 

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1Braiding, and Nail Technology, and Eyelash Extension
2Application Act of 1985, provided that the salon offers massage
3therapy services in accordance with this Act.
4(Source: P.A. 97-514, eff. 8-23-11.)
 
5    Section 15. The Barber, Cosmetology, Esthetics, Hair
6Braiding, and Nail Technology Act of 1985 is amended by
7changing Sections 1-1, 1-2, 1-4, 1-7, 1-7.5, 1-10, 1-11, the
8heading of Article IIIB, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15,
93B-16, the heading of Article IIID, 3D-5, and 3E-2 and Sections
104-1, 4-2, 4-4, 4-7, 4-9, 4-19, and 4-20 and by adding the
11heading of Article IIIF and Sections 3F-1, 3F-2, 3F-3, 3F-4,
123F-5, and 3F-6 as follows:
 
13    (225 ILCS 410/1-1)  (from Ch. 111, par. 1701-1)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 1-1. Title of Act. This Act may be cited as the
16Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
17Technology, and Eyelash Extension Application Act of 1985.
18(Source: P.A. 96-1246, eff. 1-1-11.)
 
19    (225 ILCS 410/1-2)  (from Ch. 111, par. 1701-2)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 1-2. Public policy. The practices of barbering,
22cosmetology, esthetics, hair braiding, and nail technology,
23and eyelash extension application in the State of Illinois are

 

 

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1hereby declared to affect the public health, safety and welfare
2and to be subject to regulation and control in the public
3interest. It is further declared to be a matter of public
4interest and concern that the professions merit and receive the
5confidence of the public and that only qualified persons be
6permitted to practice said professions in the State of
7Illinois. This Act shall be liberally construed to carry out
8these objects and purposes.
9(Source: P.A. 98-911, eff. 1-1-15.)
 
10    (225 ILCS 410/1-4)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 1-4. Definitions. In this Act the following words
13shall have the following meanings:
14    "Board" means the Barber, Cosmetology, Esthetics, Hair
15Braiding, and Nail Technology, and Eyelash Extension
16Application Board.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Licensed barber" means an individual licensed by the
20Department to practice barbering as defined in this Act and
21whose license is in good standing.
22    "Licensed cosmetologist" means an individual licensed by
23the Department to practice cosmetology, nail technology, hair
24braiding, and esthetics as defined in this Act and whose
25license is in good standing.

 

 

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

 

 

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1    "Licensed esthetics teacher" means an individual licensed
2by the Department to practice esthetics as defined in this Act
3and to provide instruction in the theory and practice of
4esthetics to students in an approved cosmetology or esthetics
5school.
6    "Licensed eyelash extension application teacher" means an
7individual licensed by the Department to practice eyelash
8extension application as defined in this Act and to provide
9instruction in the theory and practice of eyelash extension
10application to students in an approved eyelash extension
11application school.
12    "Licensed hair braider" means any individual licensed by
13the Department to practice hair braiding as defined in Section
143E-1 and whose license is in good standing.
15    "Licensed hair braiding teacher" means an individual
16licensed by the Department to practice hair braiding and to
17provide instruction in the theory and practice of hair braiding
18to students in an approved cosmetology or hair braiding school.
19    "Licensed nail technology teacher" means an individual
20licensed by the Department to practice nail technology and to
21provide instruction in the theory and practice of nail
22technology to students in an approved nail technology school or
23cosmetology school.
24    "Enrollment" is the date upon which the student signs an
25enrollment agreement or student contract.
26    "Enrollment agreement" or "student contract" is any

 

 

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1agreement, instrument, or contract however named, which
2creates or evidences an obligation binding a student to
3purchase a course of instruction from a school.
4    "Enrollment time" means the maximum number of hours a
5student could have attended class, whether or not the student
6did in fact attend all those hours.
7    "Elapsed enrollment time" means the enrollment time
8elapsed between the actual starting date and the date of the
9student's last day of physical attendance in the school.
10    "Eyelash extension application" means any technique in
11which semi-permanent, thread-like extensions are bonded to a
12person's eyelashes.
13    "Secretary" means the Secretary of the Department of
14Financial and Professional Regulation.
15    "Threading" means any technique that results in the removal
16of superfluous hair from the body by twisting thread around
17unwanted hair and then pulling it from the skin; and may also
18include the incidental trimming of eyebrow hair.
19(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;
2098-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
21    (225 ILCS 410/1-7)  (from Ch. 111, par. 1701-7)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 1-7. Licensure required; renewal.
24    (a) It is unlawful for any person to practice, or to hold
25himself or herself out to be a cosmetologist, esthetician, nail

 

 

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1technician, hair braider, or barber, or licensed eyelash
2extension application technician without a license as a
3cosmetologist, esthetician, nail technician, hair braider, or
4barber, or eyelash extension application technician issued by
5the Department of Financial and Professional Regulation
6pursuant to the provisions of this Act and of the Civil
7Administrative Code of Illinois. It is also unlawful for any
8person, firm, partnership, or corporation to own, operate, or
9conduct a cosmetology, esthetics, nail technology, hair
10braiding, or eyelash extension application salon, or barber
11school without a license issued by the Department or to own or
12operate a cosmetology, esthetics, nail technology, or hair
13braiding, or eyelash extension application salon or barber shop
14without a certificate of registration issued by the Department.
15It is further unlawful for any person to teach in any
16cosmetology, esthetics, nail technology, hair braiding,
17eyelash extension application, or barber college or school
18approved by the Department or hold himself or herself out as a
19cosmetology, esthetics, hair braiding, nail technology,
20eyelash extension application, or barber teacher without a
21license as a teacher, issued by the Department or as a
22cosmetology clinic teacher without a license as a clinic
23teacher issued by the Department.
24    (b) Notwithstanding any other provision of this Act, a
25person licensed as a cosmetologist may hold himself or herself
26out as an esthetician and may engage in the practice of

 

 

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1esthetics, as defined in this Act, without being licensed as an
2esthetician. A person licensed as a cosmetology teacher may
3teach esthetics or hold himself or herself out as an esthetics
4teacher without being licensed as an esthetics teacher. A
5person licensed as a cosmetologist may hold himself or herself
6out as a nail technician and may engage in the practice of nail
7technology, as defined in this Act, without being licensed as a
8nail technician. A person licensed as a cosmetology teacher may
9teach nail technology and hold himself or herself out as a nail
10technology teacher without being licensed as a nail technology
11teacher. A person licensed as a cosmetologist may hold himself
12or herself out as a hair braider and may engage in the practice
13of hair braiding, as defined in this Act, without being
14licensed as a hair braider. A person licensed as a cosmetology
15teacher may teach hair braiding and hold himself or herself out
16as a hair braiding teacher without being licensed as a hair
17braiding teacher.
18    (c) A person licensed as a barber teacher may hold himself
19or herself out as a barber and may practice barbering without a
20license as a barber. A person licensed as a cosmetology teacher
21may hold himself or herself out as a cosmetologist,
22esthetician, hair braider, and nail technologist and may
23practice cosmetology, esthetics, hair braiding, and nail
24technology without a license as a cosmetologist, esthetician,
25hair braider, or nail technologist. A person licensed as an
26esthetics teacher may hold himself or herself out as an

 

 

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1esthetician without being licensed as an esthetician and may
2practice esthetics. A person licensed as a nail technician
3teacher may practice nail technology and may hold himself or
4herself out as a nail technologist without being licensed as a
5nail technologist. A person licensed as a hair braiding teacher
6may practice hair braiding and may hold himself or herself out
7as a hair braider without being licensed as a hair braider.
8    (d) The holder of a license issued under this Act may renew
9that license during the month preceding the expiration date of
10the license by paying the required fee.
11(Source: P.A. 98-911, eff. 1-1-15.)
 
12    (225 ILCS 410/1-7.5)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 1-7.5. Unlicensed practice; violation; civil penalty.
15    (a) Any person who practices, offers to practice, attempts
16to practice, or holds himself or herself out to practice
17barbering, cosmetology, esthetics, hair braiding, eyelash
18extension application, or nail technology without being
19licensed under this Act shall, in addition to any other penalty
20provided by law, pay a civil penalty to the Department in an
21amount not to exceed $5,000 for each offense as determined by
22the Department. The civil penalty shall be assessed by the
23Department after a hearing is held in accordance with the
24provisions set forth in this Act regarding disciplining a
25licensee.

 

 

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1    (b) The Department has the authority and power to
2investigate any and all unlicensed activity.
3    (c) The civil penalty shall be paid within 60 days after
4the effective date of the order imposing the civil penalty. The
5order shall constitute a judgment and may be filed and
6execution had thereon in the same manner as any judgment from
7any court of record.
8(Source: P.A. 96-1246, eff. 1-1-11.)
 
9    (225 ILCS 410/1-10)  (from Ch. 111, par. 1701-10)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 1-10. Display. Every holder of a license shall display
12it in a place in the holder's principal office, place of
13business or place of employment. Whenever a licensed
14cosmetologist, esthetician, nail technician, hair braider,
15eyelash extension application technician, or barber practices
16cosmetology, esthetics, nail technology, hair braiding,
17eyelash extension application, or barbering outside of or away
18from the cosmetologist's, esthetician's, nail technician's,
19hair braider's, eyelash extension application technician's, or
20barber's principal office, place of business, or place of
21employment, the cosmetologist, esthetician, nail technician,
22hair braider, eyelash extension application technician, or
23barber shall deliver to each person served a certificate of
24identification in a form specified by the Department.
25    Every registered shop shall display its certificate of

 

 

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1registration at the location of the shop. Each shop where
2barber, cosmetology, esthetics, hair braiding, eyelash
3extension application, or nail technology services are
4provided shall have a certificate of registration.
5(Source: P.A. 96-1246, eff. 1-1-11.)
 
6    (225 ILCS 410/1-11)  (from Ch. 111, par. 1701-11)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 1-11. Exceptions to Act.
9    (a) Nothing in this Act shall be construed to apply to the
10educational activities conducted in connection with any
11monthly, annual or other special educational program of any
12bona fide association of licensed cosmetologists,
13estheticians, nail technicians, hair braiders, eyelash
14extension application technicians, or barbers, or licensed
15cosmetology, esthetics, nail technology, hair braiding, or
16barber schools from which the general public is excluded.
17    (b) Nothing in this Act shall be construed to apply to the
18activities and services of registered nurses or licensed
19practical nurses, as defined in the Nurse Practice Act, or to
20personal care or health care services provided by individuals
21in the performance of their duties as employed or authorized by
22facilities or programs licensed or certified by State agencies.
23As used in this subsection (b), "personal care" means
24assistance with meals, dressing, movement, bathing, or other
25personal needs or maintenance or general supervision and

 

 

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1oversight of the physical and mental well-being of an
2individual who is incapable of maintaining a private,
3independent residence or who is incapable of managing his or
4her person whether or not a guardian has been appointed for
5that individual. The definition of "personal care" as used in
6this subsection (b) shall not otherwise be construed to negate
7the requirements of this Act or its rules.
8    (c) Nothing in this Act shall be deemed to require
9licensure of individuals employed by the motion picture, film,
10television, stage play or related industry for the purpose of
11providing cosmetology, temporary eyelash enhancement, or
12esthetics services to actors of that industry while engaged in
13the practice of cosmetology or esthetics as a part of that
14person's employment.
15(Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
 
16    (225 ILCS 410/Art. IIIB heading)
17
ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
18
EYELASH EXTENSION APPLICATION, AND NAIL TECHNOLOGY SCHOOLS
19(Source: P.A. 98-911, eff. 1-1-15.)
 
20    (225 ILCS 410/3B-1)  (from Ch. 111, par. 1703B-1)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 3B-1. Application. The provisions of this Article are
23applicable only to barber, cosmetology, esthetics, hair
24braiding, eyelash extension application, and nail technology

 

 

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1schools regulated under this Act.
2(Source: P.A. 98-911, eff. 1-1-15.)
 
3    (225 ILCS 410/3B-10)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 3B-10. Requisites for ownership or operation of
6school. No person, firm, or corporation may own, operate, or
7conduct a school of barbering, cosmetology, esthetics, hair
8braiding, eyelash extension application, or nail technology
9for the purpose of teaching barbering, cosmetology, esthetics,
10hair braiding, eyelash extension application, or nail
11technology for compensation unless licensed by the Department.
12A licensed school is a postsecondary educational institution
13authorized by the Department to provide a postsecondary
14education program in compliance with the requirements of this
15Act. An applicant shall apply to the Department on forms
16provided by the Department, pay the required fees, and comply
17with the following requirements:
18        1. The applicant must submit to the Department for
19    approval:
20            a. A floor plan, drawn to a scale specified on the
21        floor plan, showing every detail of the proposed
22        school; and
23            b. A lease commitment or proof of ownership for the
24        location of the proposed school; a lease commitment
25        must provide for execution of the lease upon the

 

 

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1        Department's approval of the school's application and
2        the lease must be for a period of at least one year.
3            c. (Blank).
4        2. An application to own or operate a school shall
5    include the following:
6            a. If the owner is a corporation, a copy of the
7        Articles of Incorporation;
8            b. If the owner is a partnership, a listing of all
9        partners and their current addresses;
10            c. If the applicant is an owner, a completed
11        financial statement showing the owner's ability to
12        operate the school for at least 3 months;
13            d. A copy of the official enrollment agreement or
14        student contract to be used by the school, which shall
15        be consistent with the requirements of this Act and
16        rules;
17            e. A listing of all teachers who will be in the
18        school's employ, including their teacher license
19        numbers;
20            f. A copy of the curricula that will be followed;
21            g. The names, addresses, and current status of all
22        schools in which the applicant has previously owned any
23        interest, and a declaration as to whether any of these
24        schools were ever denied accreditation or licensing or
25        lost accreditation or licensing from any governmental
26        body or accrediting agency;

 

 

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1            h. Each application for a certificate of approval
2        shall be signed and certified under oath by the
3        school's chief managing employee and also by its
4        individual owner or owners; if the applicant is a
5        partnership or a corporation, then the application
6        shall be signed and certified under oath by the
7        school's chief managing employee and also by each
8        member of the partnership or each officer of the
9        corporation, as the case may be;
10            i. A copy of the school's official transcript; and
11            j. The required fee.
12        3. Each application for a license to operate a school
13    shall also contain the following commitments:
14            a. To conduct the school in accordance with this
15        Act and the standards, and rules from time to time
16        adopted under this Act and to meet standards and
17        requirements at least as stringent as those required by
18        Part H of the Federal Higher Education Act of 1965.
19            b. To permit the Department to inspect the school
20        or classes thereof from time to time with or without
21        notice; and to make available to the Department, at any
22        time when required to do so, information including
23        financial information pertaining to the activities of
24        the school required for the administration of this Act
25        and the standards and rules adopted under this Act;
26            c. To utilize only advertising and solicitation

 

 

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1        which is free from misrepresentation, deception,
2        fraud, or other misleading or unfair trade practices;
3            d. To screen applicants to the school prior to
4        enrollment pursuant to the requirements of the
5        school's regional or national accrediting agency, if
6        any, and to maintain any and all records of such
7        screening. If the course of instruction is offered in a
8        language other than English, the screening shall also
9        be performed in that language;
10            e. To post in a conspicuous place a statement,
11        developed by the Department, of student's rights
12        provided under this Act.
13        4. The applicant shall establish to the satisfaction of
14    the Department that the owner possesses sufficient liquid
15    assets to meet the prospective expenses of the school for a
16    period of 3 months. In the discretion of the Department,
17    additional proof of financial ability may be required.
18        5. The applicant shall comply with all rules of the
19    Department determining the necessary curriculum and
20    equipment required for the conduct of the school.
21        6. The applicant must demonstrate employment of a
22    sufficient number of qualified teachers who are holders of
23    a current license issued by the Department.
24        7. A final inspection of the barber, cosmetology,
25    esthetics, hair braiding, eyelash extension application,
26    or nail technology school shall be made by the Department

 

 

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1    before the school may commence classes.
2        8. A written inspection report must be made by the
3    State Fire Marshal or a local fire authority approving the
4    use of the proposed premises as a barber, cosmetology,
5    esthetics, hair braiding, eyelash extension application,
6    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-11)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 3B-11. Periodic review of barber, cosmetology,
11esthetics, hair braiding, eyelash extension application, and
12nail technology schools. The Department shall review at least
13biennially all approved schools and courses of instruction. The
14biennial review shall include consideration of a comparison
15between the graduation or completion rate for the school and
16the graduation or completion rate for the schools within that
17classification of schools. Consideration shall be given to
18complaints and information forwarded to the Department by the
19Federal Trade Commission, Better Business Bureaus, the
20Illinois Attorney General's Office, a State's Attorney's
21Office, other State or official approval agencies, local school
22officials, and interested persons. The Department shall
23investigate all complaints filed with the Department about a
24school or its sales representatives.
25    A school shall retain the records, as defined by rule, of a

 

 

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1student who withdraws from or drops out of the school, by
2written notice of cancellation or otherwise, for any period
3longer than 7 years from the student's first day of attendance.
4However, a school shall retain indefinitely the transcript of
5each student who completes the program and graduates from the
6school.
7(Source: P.A. 98-911, eff. 1-1-15.)
 
8    (225 ILCS 410/3B-12)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 3B-12. Enrollment agreements.
11    (a) Enrollment agreements shall be used by barber,
12cosmetology, esthetics, hair braiding, eyelash extension
13application, and nail technology schools licensed to operate by
14the Department and shall include the following written
15disclosures:
16        (1) The name and address of the school and the
17    addresses where instruction will be given;
18        (2) The name and description of the course of
19    instruction, including the number of clock hours in each
20    course and an approximate number of weeks or months
21    required for completion;
22        (3) The scheduled starting date and calculated
23    completion date;
24        (4) The total cost of the course of instruction
25    including any charges made by the school for tuition,

 

 

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1    books, materials, supplies, and other expenses;
2        (5) A clear and conspicuous statement that the contract
3    is a legally binding instrument when signed by the student
4    and accepted by the school;
5        (6) A clear and conspicuous caption, "BUYER'S RIGHT TO
6    CANCEL" under which it is explained that the student has
7    the right to cancel the initial enrollment agreement until
8    midnight of the fifth business day after the student has
9    been enrolled; and if notice of the right to cancel is not
10    given to any prospective student at the time the enrollment
11    agreement is signed, then the student has the right to
12    cancel the agreement at any time and receive a refund of
13    all monies paid to date within 10 days of cancellation;
14        (7) A notice to the students that the cancellation must
15    be in writing and given to the registered agent, if any, or
16    managing employee of the school;
17        (8) The school's refund policy for unearned tuition,
18    fees, and other charges;
19        (9) The date of the student's signature and the date of
20    the student's admission;
21        (10) The name of the school employee or agent
22    responsible for procuring, soliciting, or enrolling the
23    student;
24        (11) A clear statement that the institution does not
25    guarantee employment and a statement describing the
26    school's placement assistance procedures;

 

 

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1        (12) The graduation requirements of the school;
2        (13) The contents of the following notice, in at least
3    10 point bold type:
4
"NOTICE TO THE STUDENT"
5    "Do not sign this contract before you read it or if it
6    contains any blank space. You are entitled to an exact copy
7    of the contract you sign."
8        (14) A statement either in the enrollment agreement or
9    separately provided and acknowledged by the student
10    indicating the number of students who did not complete the
11    course of instruction for which they enrolled for the past
12    calendar year as compared to the number of students who
13    enrolled in school during the school's past calendar year;
14        (15) The following clear and conspicuous caption:
15    "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
16    DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
17    forth with the address and telephone number of the
18    Department's Chicago and Springfield offices.
19    (b) If the enrollment is negotiated orally in a language
20other than English, then copies of the above disclosures shall
21be tendered in the language in which the contract was
22negotiated prior to executing the enrollment agreement.
23    (c) The school shall comply with all applicable
24requirements of the Retail Installment Sales Act in its
25enrollment agreement or student contracts.
26    (d) No enrollment agreement or student contract shall

 

 

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1contain a wage assignment provision or a confession of judgment
2clause.
3    (e) Any provision in an enrollment agreement or student
4contract that purports to waive the student's right to assert
5against the school, or any assignee, any claim or defense he or
6she may have against the school arising under the contract
7shall be void.
8    (f) Two copies of the enrollment agreement shall be signed
9by the student. One copy shall be given to the student and the
10school shall retain the other copy as part of the student's
11permanent record.
12(Source: P.A. 98-911, eff. 1-1-15.)
 
13    (225 ILCS 410/3B-15)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 3B-15. Grounds for disciplinary action. In addition to
16any other cause herein set forth the Department may refuse to
17issue or renew and may suspend, place on probation, or revoke
18any license to operate a school, or take any other disciplinary
19or non-disciplinary action that the Department may deem proper,
20including the imposition of fines not to exceed $5,000 for each
21violation, for any one or any combination of the following
22causes:
23        (1) Repeated violation of any provision of this Act or
24    any standard or rule established under this Act.
25        (2) Knowingly furnishing false, misleading, or

 

 

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1    incomplete information to the Department or failure to
2    furnish information requested by the Department.
3        (3) Violation of any commitment made in an application
4    for a license, including failure to maintain standards that
5    are the same as, or substantially equivalent to, those
6    represented in the school's applications and advertising.
7        (4) Presenting to prospective students information
8    relating to the school, or to employment opportunities or
9    opportunities for enrollment in institutions of higher
10    learning after entering into or completing courses offered
11    by the school, that is false, misleading, or fraudulent.
12        (5) Failure to provide premises or equipment or to
13    maintain them in a safe and sanitary condition as required
14    by law.
15        (6) Failure to maintain financial resources adequate
16    for the satisfactory conduct of the courses of instruction
17    offered or to retain a sufficient and qualified
18    instructional and administrative staff.
19        (7) Refusal to admit applicants on account of race,
20    color, creed, sex, physical or mental handicap unrelated to
21    ability, religion, or national origin.
22        (8) Paying a commission or valuable consideration to
23    any person for acts or services performed in violation of
24    this Act.
25        (9) Attempting to confer a fraudulent degree, diploma,
26    or certificate upon a student.

 

 

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1        (10) Failure to correct any deficiency or act of
2    noncompliance under this Act or the standards and rules
3    established under this Act within reasonable time limits
4    set by the Department.
5        (11) Conduct of business or instructional services
6    other than at locations approved by the Department.
7        (12) Failure to make all of the disclosures or making
8    inaccurate disclosures to the Department or in the
9    enrollment agreement as required under this Act.
10        (13) Failure to make appropriate refunds as required by
11    this Act.
12        (14) Denial, loss, or withdrawal of accreditation by
13    any accrediting agency.
14        (15) During any calendar year, having a failure rate of
15    25% or greater for those of its students who for the first
16    time take the examination authorized by the Department to
17    determine fitness to receive a license as a barber, barber
18    teacher, cosmetologist, cosmetology teacher, esthetician,
19    esthetician teacher, eyelash extension application
20    technician, eyelash extension application teacher, hair
21    braider, hair braiding teacher, nail technician, or nail
22    technology teacher, provided that a student who transfers
23    into the school having completed 50% or more of the
24    required program and who takes the examination during that
25    calendar year shall not be counted for purposes of
26    determining the school's failure rate on an examination,

 

 

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1    without regard to whether that transfer student passes or
2    fails the examination.
3        (16) Failure to maintain a written record indicating
4    the funds received per student and funds paid out per
5    student. Such records shall be maintained for a minimum of
6    7 years and shall be made available to the Department upon
7    request. Such records shall identify the funding source and
8    amount for any student who has enrolled as well as any
9    other item set forth by rule.
10        (17) Failure to maintain a copy of the student record
11    as defined by rule.
12(Source: P.A. 98-911, eff. 1-1-15.)
 
13    (225 ILCS 410/3B-16)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 3B-16. Department of Corrections. The Secretary may
16waive any requirement of this Act or of the rules enacted by
17the Department pursuant to this Act pertaining to the operation
18of a barber, cosmetology, esthetics, hair braiding, eyelash
19extension application, or nail technology school owned or
20operated by the Department of Corrections and located in a
21correctional facility to educate inmates that is inconsistent
22with the mission or operations of the Department of Corrections
23or is detrimental to the safety and security of any
24correctional facility. Nothing in this Section 3B-16 exempts
25the Department of Corrections from the necessity of licensure.

 

 

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1(Source: P.A. 98-911, eff. 1-1-15.)
 
2    (225 ILCS 410/Art. IIID heading)
3
ARTICLE IIID. COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
4
EYELASH EXTENSION APPLICATION, AND NAIL TECHNOLOGY SALONS AND
5
BARBER SHOPS
6(Source: P.A. 96-1246, eff. 1-1-11.)
 
7    (225 ILCS 410/3D-5)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 3D-5. Requisites for ownership or operation of
10cosmetology, esthetics, hair braiding, and nail technology
11salons and barber shops.
12    (a) No person, firm, partnership, limited liability
13company, or corporation shall own or operate a cosmetology,
14esthetics, hair braiding, eyelash extension application, or
15nail technology salon or barber shop or employ, rent space to,
16or independently contract with any licensee under this Act
17without applying on forms provided by the Department for a
18certificate of registration.
19    (b) The application for a certificate of registration under
20this Section shall set forth the name, address, and telephone
21number of the proposed cosmetology, esthetics, hair braiding,
22eyelash extension application, or nail technology salon or
23barber shop; the name, address, and telephone number of the
24person, firm, partnership, or corporation that is to own or

 

 

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1operate the salon or shop; and, if the salon or shop is to be
2owned or operated by an entity other than an individual, the
3name, address, and telephone number of the managing partner or
4the chief executive officer of the corporation or other entity
5that owns or operates the salon or shop.
6    (c) The Department shall be notified by the owner or
7operator of a salon or shop that is moved to a new location. If
8there is a change in the ownership or operation of a salon or
9shop, the new owner or operator shall report that change to the
10Department along with completion of any additional
11requirements set forth by rule.
12    (d) If a person, firm, partnership, limited liability
13company, or corporation owns or operates more than one shop or
14salon, a separate certificate of registration must be obtained
15for each salon or shop.
16    (e) A certificate of registration granted under this
17Section may be revoked in accordance with the provisions of
18Article IV and the holder of the certificate may be otherwise
19disciplined by the Department in accordance with rules adopted
20under this Act.
21    (f) The Department may promulgate rules to establish
22additional requirements for owning or operating a salon or
23shop.
24(Source: P.A. 96-1246, eff. 1-1-11.)
 
25    (225 ILCS 410/3E-2)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 3E-2. Hair braider licensure; qualifications.
3    (a) A person is qualified to receive a license as a hair
4braider if he or she has filed an application on forms provided
5by the Department, paid the required fees, and meets the
6following qualifications:
7        (1) Is at least 16 years of age;
8        (2) Is beyond the age of compulsory school attendance
9    or has received a certificate of graduation from a school
10    providing secondary education, or the recognized
11    equivalent of that certificate; and
12        (3) Has completed a program consisting of a minimum of
13    300 clock hours or a 10 credit hour equivalency of
14    instruction, as defined by rule, in a licensed cosmetology
15    school teaching a hair braiding curriculum or in a licensed
16    hair braiding school as follows:
17            (A) Basic training consisting of 35 hours of
18        classroom instruction in general theory, practical
19        application, and technical application in the
20        following subject areas: history of hair braiding,
21        personal hygiene and public health, professional
22        ethics, disinfection and sanitation, bacteriology,
23        disorders and diseases of the hair and scalp, OSHA
24        standards relating to material safety data sheets
25        (MSDS) on chemicals, hair analysis and scalp care, and
26        technical procedures;

 

 

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1            (B) Related concepts consisting of 35 hours of
2        classroom instruction in the following subject areas:
3        Braid removal and scalp care; basic styling knowledge;
4        tools and equipment; growth patterns, styles and
5        sectioning; client consultation and face shapes; and
6        client education, pre-care, post-care, home care and
7        follow-up services;
8            (C) Practices and procedures consisting of 200
9        hours of instruction, which shall be a combination of
10        classroom instruction and clinical practical
11        application, in the following subject areas: single
12        braids with and without extensions; cornrows with and
13        without extensions; twists and knots; multiple
14        strands; hair locking; weaving/sewn-in; other
15        procedures as they relate to hair-braiding; and
16        product knowledge as it relates to hair braiding; and
17            (D) Business practices consisting of 30 hours of
18        classroom instruction in the following subject areas:
19        Illinois Barber, Cosmetology, Esthetics, Hair
20        Braiding, and Nail Technology, and Eyelash Extension
21        Application Act of 1985 and Rules; salon management;
22        human relations and salesmanship; and Workers'
23        Compensation Act.
24    (b) The expiration date and renewal period for each license
25issued under this Act shall be set by rule.
26    (c) Within 2 years after the effective date of this

 

 

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1amendatory Act of the 96th General Assembly, the Department may
2issue a hair braider license to any applicant who does not meet
3the requirements of items (2) and (3) of subsection (a) of this
4Section if the applicant: (1) files an application in
5accordance with subsection (a), (2) pays the required fee, (3)
6has not committed an offense that would be grounds for
7discipline under this Act, and (4) is able to demonstrate to
8the Department through tax records or affidavits that he or she
9has practiced hair braiding for at least 2 consecutive years
10immediately prior to the date of his or her application.
11    A hair braider who obtains his or her license under this
12subsection (c) may renew his or her license if he or she
13applies to the Department for renewal and has completed at
14least 65 hours of relevant training in health, safety, hygiene,
15and business management in accordance with the requirements of
16this Section or any rule adopted pursuant to this Section. A
17hair braider who renews his or her license under this
18subsection (c) may thereafter only renew his or her license if
19he or she meets the requirements of Section 3E-5 of this Act.
20(Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
21    (225 ILCS 410/Art. IIIF heading new)
22
ARTICLE IIIF. EYELASH EXTENSION APPLICATION TECHNICIANS

 
23    (225 ILCS 410/3F-1 new)
24    Sec. 3F-1. Definitions. As used in this Article:

 

 

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1    "Eyelash extension application" means applying
2semi-permanent, thread-like extensions composed of single
3fibers to a person's eyelashes.
4    "Eyelash extension application teacher" means an
5individual licensed by the Department to practice eyelash
6extension application as defined in this Act and to provide
7instruction in the theory and practice of eyelash extension
8application to students in an approved eyelash extension
9application school.
10    "Eyelash extension application technician" means an
11individual licensed by the Department to practice eyelash
12extension application as defined in this Act and whose license
13is in good standing. "Eyelash extension application
14technician" includes individuals rendering advice on what is
15cosmetically appealing, but no person licensed under this Act
16shall render advice on what is appropriate medical treatment
17for diseases of the eyes or eyelashes.
 
18    (225 ILCS 410/3F-2 new)
19    Sec. 3F-2. Licensure as an eyelash extension application
20technician; qualifications. A person is qualified to receive a
21license as an eyelash extension application technician if that
22person has applied in writing on forms provided by the
23Department, paid any required fees, and:
24    (1) is at least 17 years of age;
25    (2) has obtained a high school diploma or the equivalent of

 

 

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1a high school diploma or has passed a valid examination
2administered by a certified testing agency that measures the
3person's ability to benefit from training;
4    (3) has completed an eyelash extension application
5training program which includes at least 320 hours of classroom
6instruction and practical experience, including at least 8
7hours of theoretical instruction in the following areas:
8        (A) recognizing infectious or contagious diseases of
9    the eye and allergic reactions to materials;
10        (B) proper sanitation practices;
11        (C) occupational health and safety practices;
12        (D) eyelash extension application procedures; and
13        (E) eyelash extension isolation and separation
14    procedures;
15    (4) has passed an examination authorized by the Department
16to determine fitness to receive a license as an eyelash
17extension application technician;
18    (5) has met any other requirements of this Act and its
19rules; and
20    (6) has the opportunity to get a specialty designation.
 
21    (225 ILCS 410/3F-3 new)
22    Sec. 3F-3. Licensure as an eyelash extension application
23teacher; qualifications. A person is qualified to receive a
24license as an eyelash extension application teacher if that
25person has applied in writing on forms supplied by the

 

 

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1Department, paid the required fees, and:
2        (1) is at least 18 years of age;
3        (2) has graduated from high school or its equivalent;
4        (3) has a current license as an eyelash extension
5    application technician;
6        (4) has either: (i) completed a program of 500 hours of
7    teacher training in a licensed school of cosmetology or a
8    licensed esthetics school or an approved eyelash extension
9    program and had 2 years of practical experience applying
10    eyelashes in the 2 years preceding the examination; or (ii)
11    completed a program of 750 hours of teacher training in a
12    licensed school of cosmetology approved by the Department
13    to teach eyelash extension application or a licensed
14    esthetics school;
15        (5) has passed an examination authorized by the
16    Department to determine eligibility to receive a license as
17    a licensed eyelash extension application teacher; and
18        (6) has met any other requirements as required by this
19    Act.
 
20    (225 ILCS 410/3F-4 new)
21    Sec. 3F-4. Licensure; renewal; continuing education;
22examination; military service. The holder of a license issued
23under this Article may renew such license during the month
24preceding the license's expiration date by paying the required
25fee and giving evidence, as the Department may prescribe, of

 

 

HB3655 Engrossed- 34 -LRB099 08956 HAF 29129 b

1completing not less than 10 hours of continuing education for
2eyelash extension application technicians, and not less than 20
3hours of continuing education for eyelash extension
4application teachers, within the 2 years prior to renewal. The
5training shall be in subjects approved by the Department, as
6prescribed by rule, upon recommendation of the Board.
7    A license that has expired or been placed on inactive
8status may be restored only by payment of the restoration fee
9and submitting evidence satisfactory to the Department of the
10current qualifications and fitness of the licensee, including
11the completion of continuing education hours for the period
12following expiration.
13    A license issued under the provisions of this Act that has
14expired while the holder of the license was engaged (1) in
15federal service on active duty with the Army of the United
16States, the United States Navy, the Marine Corps, the Air
17Force, the Coast Guard, or any Women's Auxiliary thereof, or
18the State Militia called into the service or training of the
19United States of America, or (2) in training or education under
20the supervision of the United States preliminary to induction
21into the military service, may be reinstated or restored
22without the payment of any lapsed renewal fees, reinstatement
23fee, or restoration fee if within 2 years after the termination
24of such service, training, or education other than by
25dishonorable discharge, the holder furnishes the Department
26with an affidavit to the effect that he or she has been so

 

 

HB3655 Engrossed- 35 -LRB099 08956 HAF 29129 b

1engaged and that his or her service, training, or education has
2been so terminated.
3    The Department, in its discretion, may waive enforcement of
4the continuing education requirement in this Section, and shall
5adopt rules defining the standards and criteria for such
6waiver, under the following circumstances:
7        (1) the licensee resides in a locality where it is
8    demonstrated that the absence of opportunities for such
9    education would interfere with the ability of the licensee
10    to provide service to the public;
11        (2) the licensee's compliance with the continuing
12    education requirements would cause a substantial financial
13    hardship on the licensee;
14        (3) the licensee is serving in the United States Armed
15    Forces; or
16        (4) the licensee is incapacitated due to illness.
 
17    (225 ILCS 410/3F-5 new)
18    Sec. 3F-5. Eyelash extension application technician
19licensed elsewhere. Upon payment of the required fee, an
20applicant who is an eyelash extension application technician
21registered or licensed under the laws of another state or
22territory of the United States or of a foreign country or
23province may, without examination, be granted a license as a
24licensed eyelash extension application technician by the
25Department in its discretion upon the following conditions:

 

 

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1    (a) In the case of an eyelash extension application
2technician registered or licensed elsewhere:
3        (1) the applicant is at least 17 years of age; and
4        (2) the requirements for the registration or licensing
5    of an eyelash extension application technician in the
6    particular state, territory, country, or province were at
7    the date of the license substantially equivalent to the
8    requirements then in force in this State.
9    (b) In the case of an eyelash extension application teacher
10registered or licensed elsewhere:
11        (1) the applicant is at least 18 years of age; and
12        (2) the requirements for the registration or licensing
13    of esthetics teachers in the particular state, territory,
14    country, or province were at the date of the license
15    substantially equivalent to the requirements then in force
16    in this State or the applicant has established proof of
17    legal practice as an eyelash extension application teacher
18    in another jurisdiction for at least 3 years.
19    If the Department, in its discretion and in accordance with
20rules, deems it necessary, an applicant registered or licensed
21under the laws of a foreign country or province may be required
22to pass an examination as required by this Act.
23    An applicant who has been licensed to practice eyelash
24extension application in another state may receive credit of at
25least 300 hours for each year of experience toward the
26education required under this Act.
 

 

 

HB3655 Engrossed- 37 -LRB099 08956 HAF 29129 b

1    (225 ILCS 410/3F-6 new)
2    Sec. 3F-6. Grandfather provision. For a period of 12 months
3after the filing of the original administrative rules adopted
4under this Act, the Department may issue a license to any
5individual who, in addition to meeting the requirements set
6forth in items (1) and (2) of Section 3F-2, can provide
7documentation of employment as an eyelash extension
8application technician and has received remuneration for
9practicing eyelash extension application for a period of 3
10years.
 
11    (225 ILCS 410/4-1)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 4-1. Powers and duties of Department. The Department
14shall exercise, subject to the provisions of this Act, the
15following functions, powers and duties:
16        (1) To cause to be conducted examinations to ascertain
17    the qualifications and fitness of applicants for licensure
18    as cosmetologists, estheticians, nail technicians, hair
19    braiders, eyelash extension application technicians, or
20    barbers and as cosmetology, esthetics, nail technology,
21    hair braiding, eyelash extension application or barber
22    teachers.
23        (2) To determine the qualifications for licensure as
24    (i) a cosmetologist, esthetician, nail technician, hair

 

 

HB3655 Engrossed- 38 -LRB099 08956 HAF 29129 b

1    braider, eyelash extension application technician, or
2    barber, or (ii) a cosmetology, esthetics, nail technology,
3    hair braiding, eyelash extension application, or barber
4    teacher, or (iii) a cosmetology clinic teacher for persons
5    currently holding similar licenses outside the State of
6    Illinois or the continental U.S.
7        (3) To prescribe rules for:
8            (i) The method of examination of candidates for
9        licensure as a cosmetologist, esthetician, nail
10        technician, hair braider, eyelash extension
11        application technician, or barber or cosmetology,
12        esthetics, nail technology, hair braiding, eyelash
13        extension application, or barber teacher.
14            (ii) Minimum standards as to what constitutes an
15        approved cosmetology, esthetics, nail technology, hair
16        braiding, eyelash extension application, or barber
17        school.
18        (4) To conduct investigations or hearings on
19    proceedings to determine disciplinary action.
20        (5) To prescribe reasonable rules governing the
21    sanitary regulation and inspection of cosmetology,
22    esthetics, nail technology, hair braiding, eyelash
23    extension application, or barber schools, salons, or
24    shops.
25        (6) To prescribe reasonable rules for the method of
26    renewal for each license as a cosmetologist, esthetician,

 

 

HB3655 Engrossed- 39 -LRB099 08956 HAF 29129 b

1    nail technician, hair braider, eyelash extension
2    application technician, or barber or cosmetology,
3    esthetics, nail technology, hair braiding, or barber
4    teacher, eyelash extension application, or cosmetology
5    clinic teacher.
6        (7) To prescribe reasonable rules for the method of
7    registration, the issuance, fees, renewal and discipline
8    of a certificate of registration for the ownership or
9    operation of cosmetology, esthetics, hair braiding,
10    eyelash extension application, and nail technology salons
11    and barber shops.
12        (8) To adopt rules concerning sanitation requirements,
13    requirements for education on sanitation, and any other
14    health concerns associated with threading.
15(Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15.)
 
16    (225 ILCS 410/4-2)  (from Ch. 111, par. 1704-2)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair
19Braiding, and Nail Technology, and Eyelash Extension
20Application Board. There is established within the Department
21the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
22Technology, and Eyelash Extension Application Board, composed
23of 12 11 persons, which shall serve in an advisory capacity to
24the Secretary in all matters related to the practice of
25barbering, cosmetology, esthetics, hair braiding, eyelash

 

 

HB3655 Engrossed- 40 -LRB099 08956 HAF 29129 b

1extension application, and nail technology.
2    The 12 11 members of the Board shall be appointed as
3follows: 6 licensed cosmetologists, all of whom hold a current
4license as a cosmetologist or cosmetology teacher and, for
5appointments made after the effective date of this amendatory
6Act of 1996, at least 2 of whom shall be an owner of or a major
7stockholder in a school of cosmetology, 2 of whom shall be
8representatives of either a franchiser or an owner operating
9salons in 2 or more locations within the State, one of whom
10shall be an independent salon owner, and no one of the
11cosmetologist members shall be a manufacturer, jobber, or
12stockholder in a factory of cosmetology articles or an
13immediate family member of any of the above; one of whom shall
14be a barber holding a current license; one member who shall be
15a licensed esthetician or esthetics teacher; one member who
16shall be a licensed nail technician or nail technology teacher;
17one member who shall be a licensed hair braider or hair
18braiding teacher; one member who shall be an eyelash extension
19application technician or eyelash extension application
20teacher; and one public member who holds no licenses issued by
21the Department. The Secretary shall give due consideration for
22membership to recommendations by members of the professions and
23by their professional organizations. Members shall serve 4 year
24terms and until their successors are appointed and qualified.
25No member shall be reappointed to the Board for more than 2
26terms. Appointments to fill vacancies shall be made in the same

 

 

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1manner as original appointments for the unexpired portion of
2the vacated term. Members of the Board in office on the
3effective date of this amendatory Act of 1996 shall continue to
4serve for the duration of the terms to which they have been
5appointed, but beginning on that effective date all
6appointments of licensed cosmetologists and barbers to serve as
7members of the Board shall be made in a manner that will effect
8at the earliest possible date the changes made by this
9amendatory Act of 1996 in the representative composition of the
10Board.
11    For the initial appointment of a member who shall be a hair
12braider or hair braiding teacher to the Board, such individual
13shall not be required to possess a license at the time of
14appointment, but shall have at least 5 years active practice in
15the field of hair braiding and shall obtain a license as a hair
16braider or a hair braiding teacher within 18 months after
17appointment to the Board.
18    For the initial appointment of a member who shall be an
19eyelash extension application technician or eyelash extension
20application teacher to the Board, such individual shall not be
21required to possess a license at the time of appointment, but
22shall have at least 3 years active practice in the field of
23eyelash extension application and shall obtain a license as an
24eyelash extension application technician or an eyelash
25extension application teacher within 18 months after
26appointment to the Board.

 

 

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1    Seven Six members of the Board shall constitute a quorum. A
2majority is required for Board decisions.
3    Whenever the Secretary is satisfied that substantial
4justice has not been done in an examination, the Secretary may
5order a reexamination by the same or other examiners.
6(Source: P.A. 96-1246, eff. 1-1-11.)
 
7    (225 ILCS 410/4-4)  (from Ch. 111, par. 1704-4)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 4-4. Issuance of license. Whenever the provisions of
10this Act have been complied with, the Department shall issue a
11license as a cosmetologist, esthetician, nail technician, hair
12braider, eyelash extension application technician, or barber,
13a license as a cosmetology, esthetics, nail technology, hair
14braiding, eyelash extension application, or barber teacher, or
15a license as a cosmetology clinic teacher as the case may be.
16(Source: P.A. 98-911, eff. 1-1-15.)
 
17    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 4-7. Refusal, suspension and revocation of licenses;
20causes; disciplinary action.
21    (1) The Department may refuse to issue or renew, and may
22suspend, revoke, place on probation, reprimand or take any
23other disciplinary or non-disciplinary action as the
24Department may deem proper, including civil penalties not to

 

 

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1exceed $500 for each violation, with regard to any license for
2any one, or any combination, of the following causes:
3        a. Conviction of any crime under the laws of the United
4    States or any state or territory thereof that is (i) a
5    felony, (ii) a misdemeanor, an essential element of which
6    is dishonesty, or (iii) a crime which is related to the
7    practice of the profession.
8        b. Conviction of any of the violations listed in
9    Section 4-20.
10        c. Material misstatement in furnishing information to
11    the Department.
12        d. Making any misrepresentation for the purpose of
13    obtaining a license or violating any provision of this Act
14    or its rules.
15        e. Aiding or assisting another person in violating any
16    provision of this Act or its rules.
17        f. Failing, within 60 days, to provide information in
18    response to a written request made by the Department.
19        g. Discipline by another state, territory, or country
20    if at least one of the grounds for the discipline is the
21    same as or substantially equivalent to those set forth in
22    this Act.
23        h. Practice in the barber, nail technology, esthetics,
24    hair braiding, eyelash extension application, or
25    cosmetology profession, or an attempt to practice in those
26    professions, by fraudulent misrepresentation.

 

 

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1        i. Gross malpractice or gross incompetency.
2        j. Continued practice by a person knowingly having an
3    infectious or contagious disease.
4        k. Solicitation of professional services by using
5    false or misleading advertising.
6        l. A finding by the Department that the licensee, after
7    having his or her license placed on probationary status,
8    has violated the terms of probation.
9        m. Directly or indirectly giving to or receiving from
10    any person, firm, corporation, partnership or association
11    any fee, commission, rebate, or other form of compensation
12    for any professional services not actually or personally
13    rendered.
14        n. Violating any of the provisions of this Act or rules
15    adopted pursuant to this Act.
16        o. Willfully making or filing false records or reports
17    relating to a licensee's practice, including but not
18    limited to, false records filed with State agencies or
19    departments.
20        p. Habitual or excessive use addiction to alcohol,
21    narcotics, stimulants, or any other chemical agent or drug
22    that results in the inability to practice with reasonable
23    judgment, skill or safety.
24        q. Engaging in dishonorable, unethical or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public as may be defined by rules of

 

 

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1    the Department, or violating the rules of professional
2    conduct which may be adopted by the Department.
3        r. Permitting any person to use for any unlawful or
4    fraudulent purpose one's diploma or license or certificate
5    of registration as a cosmetologist, nail technician,
6    esthetician, hair braider, eyelash extension application
7    technician, or barber or cosmetology, nail technology,
8    esthetics, hair braiding, eyelash extension application,
9    or barber teacher or salon or shop or cosmetology clinic
10    teacher.
11        s. Being named as a perpetrator in an indicated report
12    by the Department of Children and Family Services under the
13    Abused and Neglected Child Reporting Act and upon proof by
14    clear and convincing evidence that the licensee has caused
15    a child to be an abused child or neglected child as defined
16    in the Abused and Neglected Child Reporting Act.
17    (2) In rendering an order, the Secretary shall take into
18consideration the facts and circumstances involving the type of
19acts or omissions in paragraph (1) of this Section including,
20but not limited to:
21        (a) the extent to which public confidence in the
22    cosmetology, nail technology, esthetics, hair braiding,
23    eyelash extension application, or barbering profession
24    was, might have been, or may be, injured;
25        (b) the degree of trust and dependence among the
26    involved parties;

 

 

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1        (c) the character and degree of harm which did result
2    or might have resulted;
3        (d) the intent or mental state of the licensee at the
4    time of the acts or omissions.
5    (3) The Department shall reissue the license or
6registration upon certification by the Board that the
7disciplined licensee or registrant has complied with all of the
8terms and conditions set forth in the final order or has been
9sufficiently rehabilitated to warrant the public trust.
10    (4) The Department shall refuse to issue or renew or
11suspend without hearing the license or certificate of
12registration of any person who fails to file a return, or to
13pay the tax, penalty or interest shown in a filed return, or to
14pay any final assessment of tax, penalty or interest, as
15required by any tax Act administered by the Illinois Department
16of Revenue, until such time as the requirements of any such tax
17Act are satisfied as determined by the Department of Revenue.
18    (5) The Department shall deny without hearing any
19application for a license or renewal of a license under this
20Act by a person who has defaulted on an educational loan
21guaranteed by the Illinois Student Assistance Commission;
22however, the Department may issue or renew a license if the
23person in default has established a satisfactory repayment
24record as determined by the Illinois Student Assistance
25Commission.
26    (6) All fines imposed under this Section shall be paid

 

 

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1within 60 days after the effective date of the order imposing
2the fine or in accordance with the terms set forth in the order
3imposing the fine.
4(Source: P.A. 98-911, eff. 1-1-15.)
 
5    (225 ILCS 410/4-9)  (from Ch. 111, par. 1704-9)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 4-9. Practice without a license or after suspension or
8revocation thereof.
9    (a) If any person violates the provisions of this Act, the
10Secretary may, in the name of the People of the State of
11Illinois, through the Attorney General of the State of
12Illinois, petition, for an order enjoining such violation or
13for an order enforcing compliance with this Act. Upon the
14filing of a verified petition in such court, the court may
15issue a temporary restraining order, without notice or bond,
16and may preliminarily and permanently enjoin such violation,
17and if it is established that such person has violated or is
18violating the injunction, the Court may punish the offender for
19contempt of court. Proceedings under this Section shall be in
20addition to, and not in lieu of, all other remedies and
21penalties provided by this Act.
22    (b) If any person shall practice as a barber,
23cosmetologist, nail technician, hair braider, eyelash
24extension application technician, or esthetician, or teacher
25thereof or cosmetology clinic teacher or hold himself or

 

 

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1herself out as such without being licensed under the provisions
2of this Act, any licensee, any interested party, or any person
3injured thereby may, in addition to the Secretary, petition for
4relief as provided in subsection (a) of this Section.
5    (c) Whenever in the opinion of the Department any person
6violates any provision of this Act, the Department may issue a
7rule to show cause why an order to cease and desist should not
8be entered against him. The rule shall clearly set forth the
9grounds relied upon by the Department and shall provide a
10period of 7 days from the date of the rule to file an answer to
11the satisfaction of the Department. Failure to answer to the
12satisfaction of the Department shall cause an order to cease
13and desist to be issued immediately.
14(Source: P.A. 98-911, eff. 1-1-15.)
 
15    (225 ILCS 410/4-19)  (from Ch. 111, par. 1704-19)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 4-19. Emergency suspension. The Secretary may
18temporarily suspend the license of a barber, cosmetologist,
19nail technician, hair braider, esthetician, eyelash extension
20application technician, or teacher thereof or of a cosmetology
21clinic teacher without a hearing, simultaneously with the
22institution of proceedings for a hearing provided for in
23Section 4-10 of this Act, if the Secretary finds that evidence
24in his possession indicates that the licensee's continuation in
25practice would constitute an imminent danger to the public. In

 

 

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1the event that the Secretary suspends, temporarily, this
2license without a hearing, a hearing must be commenced within
330 days after such suspension has occurred.
4(Source: P.A. 98-911, eff. 1-1-15.)
 
5    (225 ILCS 410/4-20)  (from Ch. 111, par. 1704-20)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 4-20. Violations; penalties. Whoever violates any of
8the following shall, for the first offense, be guilty of a
9Class B misdemeanor; for the second offense, shall be guilty of
10a Class A misdemeanor; and for all subsequent offenses, shall
11be guilty of a Class 4 felony and be fined not less than $1,000
12or more than $5,000.
13    (1) The practice of cosmetology, nail technology,
14esthetics, hair braiding, eyelash extension application, or
15barbering or an attempt to practice cosmetology, nail
16technology, esthetics, hair braiding, eyelash extension
17application, or barbering without a license as a cosmetologist,
18nail technician, esthetician, hair braider, eyelash extension
19application technician, or barber; or the practice or attempt
20to practice as a cosmetology, nail technology, esthetics, hair
21braiding, eyelash extension application, or barber teacher
22without a license as a cosmetology, nail technology, esthetics,
23hair braiding, eyelash extension application, or barber
24teacher; or the practice or attempt to practice as a
25cosmetology clinic teacher without a proper license.

 

 

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1    (2) The obtaining of or an attempt to obtain a license or
2money or any other thing of value by fraudulent
3misrepresentation.
4    (3) Practice in the barber, nail technology, cosmetology,
5hair braiding, eyelash extension application, or esthetic
6profession, or an attempt to practice in those professions, by
7fraudulent misrepresentation.
8    (4) Wilfully making any false oath or affirmation whenever
9an oath or affirmation is required by this Act.
10    (5) The violation of any of the provisions of this Act.
11(Source: P.A. 98-911, eff. 1-1-15.)
 
12    Section 20. The Unified Code of Corrections is amended by
13changing Section 5-5-5 as follows:
 
14    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
15    Sec. 5-5-5. Loss and Restoration of Rights.
16    (a) Conviction and disposition shall not entail the loss by
17the defendant of any civil rights, except under this Section
18and Sections 29-6 and 29-10 of The Election Code, as now or
19hereafter amended.
20    (b) A person convicted of a felony shall be ineligible to
21hold an office created by the Constitution of this State until
22the completion of his sentence.
23    (c) A person sentenced to imprisonment shall lose his right
24to vote until released from imprisonment.

 

 

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1    (d) On completion of sentence of imprisonment or upon
2discharge from probation, conditional discharge or periodic
3imprisonment, or at any time thereafter, all license rights and
4privileges granted under the authority of this State which have
5been revoked or suspended because of conviction of an offense
6shall be restored unless the authority having jurisdiction of
7such license rights finds after investigation and hearing that
8restoration is not in the public interest. This paragraph (d)
9shall not apply to the suspension or revocation of a license to
10operate a motor vehicle under the Illinois Vehicle Code.
11    (e) Upon a person's discharge from incarceration or parole,
12or upon a person's discharge from probation or at any time
13thereafter, the committing court may enter an order certifying
14that the sentence has been satisfactorily completed when the
15court believes it would assist in the rehabilitation of the
16person and be consistent with the public welfare. Such order
17may be entered upon the motion of the defendant or the State or
18upon the court's own motion.
19    (f) Upon entry of the order, the court shall issue to the
20person in whose favor the order has been entered a certificate
21stating that his behavior after conviction has warranted the
22issuance of the order.
23    (g) This Section shall not affect the right of a defendant
24to collaterally attack his conviction or to rely on it in bar
25of subsequent proceedings for the same offense.
26    (h) No application for any license specified in subsection

 

 

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1(i) of this Section granted under the authority of this State
2shall be denied by reason of an eligible offender who has
3obtained a certificate of relief from disabilities, as defined
4in Article 5.5 of this Chapter, having been previously
5convicted of one or more criminal offenses, or by reason of a
6finding of lack of "good moral character" when the finding is
7based upon the fact that the applicant has previously been
8convicted of one or more criminal offenses, unless:
9        (1) there is a direct relationship between one or more
10    of the previous criminal offenses and the specific license
11    sought; or
12        (2) the issuance of the license would involve an
13    unreasonable risk to property or to the safety or welfare
14    of specific individuals or the general public.
15    In making such a determination, the licensing agency shall
16consider the following factors:
17        (1) the public policy of this State, as expressed in
18    Article 5.5 of this Chapter, to encourage the licensure and
19    employment of persons previously convicted of one or more
20    criminal offenses;
21        (2) the specific duties and responsibilities
22    necessarily related to the license being sought;
23        (3) the bearing, if any, the criminal offenses or
24    offenses for which the person was previously convicted will
25    have on his or her fitness or ability to perform one or
26    more such duties and responsibilities;

 

 

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1        (4) the time which has elapsed since the occurrence of
2    the criminal offense or offenses;
3        (5) the age of the person at the time of occurrence of
4    the criminal offense or offenses;
5        (6) the seriousness of the offense or offenses;
6        (7) any information produced by the person or produced
7    on his or her behalf in regard to his or her rehabilitation
8    and good conduct, including a certificate of relief from
9    disabilities issued to the applicant, which certificate
10    shall create a presumption of rehabilitation in regard to
11    the offense or offenses specified in the certificate; and
12        (8) the legitimate interest of the licensing agency in
13    protecting property, and the safety and welfare of specific
14    individuals or the general public.
15    (i) A certificate of relief from disabilities shall be
16issued only for a license or certification issued under the
17following Acts:
18        (1) the Animal Welfare Act; except that a certificate
19    of relief from disabilities may not be granted to provide
20    for the issuance or restoration of a license under the
21    Animal Welfare Act for any person convicted of violating
22    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
23    Care for Animals Act or Section 26-5 or 48-1 of the
24    Criminal Code of 1961 or the Criminal Code of 2012;
25        (2) the Illinois Athletic Trainers Practice Act;
26        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,

 

 

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1    and Nail Technology, and Eyelash Extension Application Act
2    of 1985;
3        (4) the Boiler and Pressure Vessel Repairer Regulation
4    Act;
5        (5) the Boxing and Full-contact Martial Arts Act;
6        (6) the Illinois Certified Shorthand Reporters Act of
7    1984;
8        (7) the Illinois Farm Labor Contractor Certification
9    Act;
10        (8) the Interior Design Title Act;
11        (9) the Illinois Professional Land Surveyor Act of
12    1989;
13        (10) the Illinois Landscape Architecture Act of 1989;
14        (11) the Marriage and Family Therapy Licensing Act;
15        (12) the Private Employment Agency Act;
16        (13) the Professional Counselor and Clinical
17    Professional Counselor Licensing and Practice Act;
18        (14) the Real Estate License Act of 2000;
19        (15) the Illinois Roofing Industry Licensing Act;
20        (16) the Professional Engineering Practice Act of
21    1989;
22        (17) the Water Well and Pump Installation Contractor's
23    License Act;
24        (18) the Electrologist Licensing Act;
25        (19) the Auction License Act;
26        (20) the Illinois Architecture Practice Act of 1989;

 

 

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1        (21) the Dietitian Nutritionist Practice Act;
2        (22) the Environmental Health Practitioner Licensing
3    Act;
4        (23) the Funeral Directors and Embalmers Licensing
5    Code;
6        (24) the Land Sales Registration Act of 1999;
7        (25) the Professional Geologist Licensing Act;
8        (26) the Illinois Public Accounting Act; and
9        (27) the Structural Engineering Practice Act of 1989.
10(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
1197-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
121-25-13; 98-756, eff. 7-16-14.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.