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Full Text of HB3655  99th General Assembly

HB3655ham001 99TH GENERAL ASSEMBLY

Rep. Daniel J. Burke

Filed: 3/17/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3655

2    AMENDMENT NO. ______. Amend House Bill 3655 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.26 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 Acts repealed on January 1, 2016.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8Acts are repealed on January 1, 2016: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, and Eyelash Extension Application Act of 1985.
15    The Respiratory Care Practice Act.
16    The Hearing Instrument Consumer Protection Act.

 

 

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1    The Illinois Physical Therapy Act.
2    The Professional Geologist Licensing Act.
3(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
496-1246, eff. 1-1-11.)
 
5    Section 10. The Massage Licensing Act is amended by
6changing Section 30 as follows:
 
7    (225 ILCS 57/30)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 30. Title protection.
10    (a) Persons regulated by this Act are designated as massage
11therapists and therefore are exclusively entitled to utilize
12the terms "massage", "massage therapy", and "massage
13therapist" when advertising or printing promotional material.
14    (b) Anyone who knowingly aids and abets one or more persons
15not authorized to use a professional title regulated by this
16Act or knowingly employs persons not authorized to use the
17regulated professional title in the course of their employment,
18commits a violation of this Act.
19    (c) Anyone not authorized, under the definitions of this
20Act, to utilize the term "massage", "massage therapy", or
21"massage therapist" and who knowingly utilizes these terms when
22advertising commits a violation of this Act.
23    (d) Nothing in this Act shall prohibit the use of the terms
24"massage", "massage therapy", or "massage therapist" by a salon

 

 

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1registered under the Barber, Cosmetology, Esthetics, Hair
2Braiding, and Nail Technology, and Eyelash Extension
3Application Act of 1985, provided that the salon offers massage
4therapy services in accordance with this Act.
5(Source: P.A. 97-514, eff. 8-23-11.)
 
6    Section 15. The Barber, Cosmetology, Esthetics, Hair
7Braiding, and Nail Technology Act of 1985 is amended by
8changing Sections 1-1, 1-2, 1-4, 1-7, 1-7.5, 1-10, 1-11, the
9heading of Article IIIB, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15,
103B-16, the heading of Article IIID, 3D-5, and 3E-2 and Sections
114-1, 4-2, 4-4, 4-7, 4-9, 4-19, and 4-20 and by adding the
12heading of Article IIIF and Sections 3F-1, 3F-2, 3F-3, 3F-4,
133F-5, and 3F-6 as follows:
 
14    (225 ILCS 410/1-1)  (from Ch. 111, par. 1701-1)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 1-1. Title of Act. This Act may be cited as the
17Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
18Technology, and Eyelash Extension Application Act of 1985.
19(Source: P.A. 96-1246, eff. 1-1-11.)
 
20    (225 ILCS 410/1-2)  (from Ch. 111, par. 1701-2)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 1-2. Public policy. The practices of barbering,
23cosmetology, esthetics, hair braiding, and nail technology,

 

 

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

 

 

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

 

 

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1school of cosmetology, esthetics, or nail technology.
2    "Licensed esthetics teacher" means an individual licensed
3by the Department to practice esthetics as defined in this Act
4and to provide instruction in the theory and practice of
5esthetics to students in an approved cosmetology or esthetics
6school.
7    "Licensed eyelash extension application teacher" means an
8individual licensed by the Department to practice eyelash
9extension application as defined in this Act and to provide
10instruction in the theory and practice of eyelash extension
11application to students in an approved eyelash extension
12application school.
13    "Licensed hair braider" means any individual licensed by
14the Department to practice hair braiding as defined in Section
153E-1 and whose license is in good standing.
16    "Licensed hair braiding teacher" means an individual
17licensed by the Department to practice hair braiding and to
18provide instruction in the theory and practice of hair braiding
19to students in an approved cosmetology or hair braiding school.
20    "Licensed nail technology teacher" means an individual
21licensed by the Department to practice nail technology and to
22provide instruction in the theory and practice of nail
23technology to students in an approved nail technology school or
24cosmetology school.
25    "Enrollment" is the date upon which the student signs an
26enrollment agreement or student contract.

 

 

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1    "Enrollment agreement" or "student contract" is any
2agreement, instrument, or contract however named, which
3creates or evidences an obligation binding a student to
4purchase a course of instruction from a school.
5    "Enrollment time" means the maximum number of hours a
6student could have attended class, whether or not the student
7did in fact attend all those hours.
8    "Elapsed enrollment time" means the enrollment time
9elapsed between the actual starting date and the date of the
10student's last day of physical attendance in the school.
11    "Eyelash extension application" means any technique in
12which semi-permanent, thread-like extensions are bonded to a
13person's eyelashes.
14    "Secretary" means the Secretary of the Department of
15Financial and Professional Regulation.
16    "Threading" means any technique that results in the removal
17of superfluous hair from the body by twisting thread around
18unwanted hair and then pulling it from the skin; and may also
19include the incidental trimming of eyebrow hair.
20(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;
2198-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
22    (225 ILCS 410/1-7)  (from Ch. 111, par. 1701-7)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 1-7. Licensure required; renewal.
25    (a) It is unlawful for any person to practice, or to hold

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1braiding, eyelash extension application, and nail technology
2schools regulated under this Act.
3(Source: P.A. 98-911, eff. 1-1-15.)
 
4    (225 ILCS 410/3B-10)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 3B-10. Requisites for ownership or operation of
7school. No person, firm, or corporation may own, operate, or
8conduct a school of barbering, cosmetology, esthetics, hair
9braiding, eyelash extension application, or nail technology
10for the purpose of teaching barbering, cosmetology, esthetics,
11hair braiding, eyelash extension application, or nail
12technology for compensation unless licensed by the Department.
13A licensed school is a postsecondary educational institution
14authorized by the Department to provide a postsecondary
15education program in compliance with the requirements of this
16Act. An applicant shall apply to the Department on forms
17provided by the Department, pay the required fees, and comply
18with 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

 

 

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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 who will be in the
19        school's employ, including their teacher license
20        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

 

 

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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;

 

 

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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, eyelash extension application,

 

 

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1    or nail technology school shall be made by the Department
2    before the school may commence 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, eyelash extension application,
7    or nail technology school.
8(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
9    (225 ILCS 410/3B-11)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 3B-11. Periodic review of barber, cosmetology,
12esthetics, hair braiding, eyelash extension application, and
13nail technology schools. The Department shall review at least
14biennially all approved schools and courses of instruction. The
15biennial review shall include consideration of a comparison
16between the graduation or completion rate for the school and
17the graduation or completion rate for the schools within that
18classification of schools. Consideration shall be given to
19complaints and information forwarded to the Department by the
20Federal Trade Commission, Better Business Bureaus, the
21Illinois Attorney General's Office, a State's Attorney's
22Office, other State or official approval agencies, local school
23officials, and interested persons. The Department shall
24investigate all complaints filed with the Department about a
25school or its sales representatives.

 

 

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

 

 

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

 

 

09900HB3655ham001- 21 -LRB099 08956 MLM 32121 a

1    school's placement assistance procedures;
2        (12) The graduation requirements of the school;
3        (13) The contents of the following notice, in at least
4    10 point bold type:
5
"NOTICE TO THE STUDENT"
6    "Do not sign this contract before you read it or if it
7    contains any blank space. You are entitled to an exact copy
8    of the contract you sign."
9        (14) A statement either in the enrollment agreement or
10    separately provided and acknowledged by the student
11    indicating the number of students who did not complete the
12    course of instruction for which they enrolled for the past
13    calendar year as compared to the number of students who
14    enrolled in school during the school's past calendar year;
15        (15) The following clear and conspicuous caption:
16    "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
17    DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
18    forth with the address and telephone number of the
19    Department's Chicago and Springfield offices.
20    (b) If the enrollment is negotiated orally in a language
21other than English, then copies of the above disclosures shall
22be tendered in the language in which the contract was
23negotiated prior to executing the enrollment agreement.
24    (c) The school shall comply with all applicable
25requirements of the Retail Installment Sales Act in its
26enrollment agreement or student contracts.

 

 

09900HB3655ham001- 22 -LRB099 08956 MLM 32121 a

1    (d) No enrollment agreement or student contract shall
2contain a wage assignment provision or a confession of judgment
3clause.
4    (e) Any provision in an enrollment agreement or student
5contract that purports to waive the student's right to assert
6against the school, or any assignee, any claim or defense he or
7she may have against the school arising under the contract
8shall be void.
9    (f) Two copies of the enrollment agreement shall be signed
10by the student. One copy shall be given to the student and the
11school shall retain the other copy as part of the student's
12permanent record.
13(Source: P.A. 98-911, eff. 1-1-15.)
 
14    (225 ILCS 410/3B-15)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 3B-15. Grounds for disciplinary action. In addition to
17any other cause herein set forth the Department may refuse to
18issue or renew and may suspend, place on probation, or revoke
19any license to operate a school, or take any other disciplinary
20or non-disciplinary action that the Department may deem proper,
21including the imposition of fines not to exceed $5,000 for each
22violation, for any one or any combination of the following
23causes:
24        (1) Repeated violation of any provision of this Act or
25    any standard or rule established under this Act.

 

 

09900HB3655ham001- 23 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 24 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 25 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 26 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 27 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 28 -LRB099 08956 MLM 32121 a

1    (225 ILCS 410/3E-2)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 3E-2. Hair braider licensure; qualifications.
4    (a) A person is qualified to receive a license as a hair
5braider if he or she has filed an application on forms provided
6by the Department, paid the required fees, and meets the
7following qualifications:
8        (1) Is at least 16 years of age;
9        (2) Is beyond the age of compulsory school attendance
10    or has received a certificate of graduation from a school
11    providing secondary education, or the recognized
12    equivalent of that certificate; and
13        (3) Has completed a program consisting of a minimum of
14    300 clock hours or a 10 credit hour equivalency of
15    instruction, as defined by rule, in a licensed cosmetology
16    school teaching a hair braiding curriculum or in a licensed
17    hair braiding school as follows:
18            (A) Basic training consisting of 35 hours of
19        classroom instruction in general theory, practical
20        application, and technical application in the
21        following subject areas: history of hair braiding,
22        personal hygiene and public health, professional
23        ethics, disinfection and sanitation, bacteriology,
24        disorders and diseases of the hair and scalp, OSHA
25        standards relating to material safety data sheets
26        (MSDS) on chemicals, hair analysis and scalp care, and

 

 

09900HB3655ham001- 29 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 30 -LRB099 08956 MLM 32121 a

1    (c) Within 2 years after the effective date of this
2amendatory Act of the 96th General Assembly, the Department may
3issue a hair braider license to any applicant who does not meet
4the requirements of items (2) and (3) of subsection (a) of this
5Section if the applicant: (1) files an application in
6accordance with subsection (a), (2) pays the required fee, (3)
7has not committed an offense that would be grounds for
8discipline under this Act, and (4) is able to demonstrate to
9the Department through tax records or affidavits that he or she
10has practiced hair braiding for at least 2 consecutive years
11immediately prior to the date of his or her application.
12    A hair braider who obtains his or her license under this
13subsection (c) may renew his or her license if he or she
14applies to the Department for renewal and has completed at
15least 65 hours of relevant training in health, safety, hygiene,
16and business management in accordance with the requirements of
17this Section or any rule adopted pursuant to this Section. A
18hair braider who renews his or her license under this
19subsection (c) may thereafter only renew his or her license if
20he or she meets the requirements of Section 3E-5 of this Act.
21(Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
22    (225 ILCS 410/Art. IIIF heading new)
23
ARTICLE IIIF. EYELASH EXTENSION APPLICATION TECHNICIANS

 
24    (225 ILCS 410/3F-1 new)

 

 

09900HB3655ham001- 31 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 32 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 33 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 34 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 35 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 36 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 37 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 38 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 39 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 40 -LRB099 08956 MLM 32121 a

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

 

 

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

 

 

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

 

 

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1Department may deem proper, including civil penalties not to
2exceed $500 for each violation, with regard to any license for
3any one, or any combination, of the following causes:
4        a. Conviction of any crime under the laws of the United
5    States or any state or territory thereof that is (i) a
6    felony, (ii) a misdemeanor, an essential element of which
7    is dishonesty, or (iii) a crime which is related to the
8    practice of the profession.
9        b. Conviction of any of the violations listed in
10    Section 4-20.
11        c. Material misstatement in furnishing information to
12    the Department.
13        d. Making any misrepresentation for the purpose of
14    obtaining a license or violating any provision of this Act
15    or its rules.
16        e. Aiding or assisting another person in violating any
17    provision of this Act or its rules.
18        f. Failing, within 60 days, to provide information in
19    response to a written request made by the Department.
20        g. Discipline by another state, territory, or country
21    if at least one of the grounds for the discipline is the
22    same as or substantially equivalent to those set forth in
23    this Act.
24        h. Practice in the barber, nail technology, esthetics,
25    hair braiding, eyelash extension application, or
26    cosmetology profession, or an attempt to practice in those

 

 

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

 

 

09900HB3655ham001- 45 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 46 -LRB099 08956 MLM 32121 a

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

 

 

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

 

 

09900HB3655ham001- 48 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 49 -LRB099 08956 MLM 32121 a

1practice would constitute an imminent danger to the public. In
2the event that the Secretary suspends, temporarily, this
3license without a hearing, a hearing must be commenced within
430 days after such suspension has occurred.
5(Source: P.A. 98-911, eff. 1-1-15.)
 
6    (225 ILCS 410/4-20)  (from Ch. 111, par. 1704-20)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 4-20. Violations; penalties. Whoever violates any of
9the following shall, for the first offense, be guilty of a
10Class B misdemeanor; for the second offense, shall be guilty of
11a Class A misdemeanor; and for all subsequent offenses, shall
12be guilty of a Class 4 felony and be fined not less than $1,000
13or more than $5,000.
14    (1) The practice of cosmetology, nail technology,
15esthetics, hair braiding, eyelash extension application, or
16barbering or an attempt to practice cosmetology, nail
17technology, esthetics, hair braiding, eyelash extension
18application, or barbering without a license as a cosmetologist,
19nail technician, esthetician, hair braider, eyelash extension
20application technician, or barber; or the practice or attempt
21to practice as a cosmetology, nail technology, esthetics, hair
22braiding, eyelash extension application, or barber teacher
23without a license as a cosmetology, nail technology, esthetics,
24hair braiding, eyelash extension application, or barber
25teacher; or the practice or attempt to practice as a

 

 

09900HB3655ham001- 50 -LRB099 08956 MLM 32121 a

1cosmetology clinic teacher without a proper license.
2    (2) The obtaining of or an attempt to obtain a license or
3money or any other thing of value by fraudulent
4misrepresentation.
5    (3) Practice in the barber, nail technology, cosmetology,
6hair braiding, eyelash extension application, or esthetic
7profession, or an attempt to practice in those professions, by
8fraudulent misrepresentation.
9    (4) Wilfully making any false oath or affirmation whenever
10an oath or affirmation is required by this Act.
11    (5) The violation of any of the provisions of this Act.
12(Source: P.A. 98-911, eff. 1-1-15.)
 
13    Section 20. The Unified Code of Corrections is amended by
14changing Section 5-5-5 as follows:
 
15    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
16    Sec. 5-5-5. Loss and Restoration of Rights.
17    (a) Conviction and disposition shall not entail the loss by
18the defendant of any civil rights, except under this Section
19and Sections 29-6 and 29-10 of The Election Code, as now or
20hereafter amended.
21    (b) A person convicted of a felony shall be ineligible to
22hold an office created by the Constitution of this State until
23the completion of his sentence.
24    (c) A person sentenced to imprisonment shall lose his right

 

 

09900HB3655ham001- 51 -LRB099 08956 MLM 32121 a

1to vote until released from imprisonment.
2    (d) On completion of sentence of imprisonment or upon
3discharge from probation, conditional discharge or periodic
4imprisonment, or at any time thereafter, all license rights and
5privileges granted under the authority of this State which have
6been revoked or suspended because of conviction of an offense
7shall be restored unless the authority having jurisdiction of
8such license rights finds after investigation and hearing that
9restoration is not in the public interest. This paragraph (d)
10shall not apply to the suspension or revocation of a license to
11operate a motor vehicle under the Illinois Vehicle Code.
12    (e) Upon a person's discharge from incarceration or parole,
13or upon a person's discharge from probation or at any time
14thereafter, the committing court may enter an order certifying
15that the sentence has been satisfactorily completed when the
16court believes it would assist in the rehabilitation of the
17person and be consistent with the public welfare. Such order
18may be entered upon the motion of the defendant or the State or
19upon the court's own motion.
20    (f) Upon entry of the order, the court shall issue to the
21person in whose favor the order has been entered a certificate
22stating that his behavior after conviction has warranted the
23issuance of the order.
24    (g) This Section shall not affect the right of a defendant
25to collaterally attack his conviction or to rely on it in bar
26of subsequent proceedings for the same offense.

 

 

09900HB3655ham001- 52 -LRB099 08956 MLM 32121 a

1    (h) No application for any license specified in subsection
2(i) of this Section granted under the authority of this State
3shall be denied by reason of an eligible offender who has
4obtained a certificate of relief from disabilities, as defined
5in Article 5.5 of this Chapter, having been previously
6convicted of one or more criminal offenses, or by reason of a
7finding of lack of "good moral character" when the finding is
8based upon the fact that the applicant has previously been
9convicted of one or more criminal offenses, unless:
10        (1) there is a direct relationship between one or more
11    of the previous criminal offenses and the specific license
12    sought; or
13        (2) the issuance of the license would involve an
14    unreasonable risk to property or to the safety or welfare
15    of specific individuals or the general public.
16    In making such a determination, the licensing agency shall
17consider the following factors:
18        (1) the public policy of this State, as expressed in
19    Article 5.5 of this Chapter, to encourage the licensure and
20    employment of persons previously convicted of one or more
21    criminal offenses;
22        (2) the specific duties and responsibilities
23    necessarily related to the license being sought;
24        (3) the bearing, if any, the criminal offenses or
25    offenses for which the person was previously convicted will
26    have on his or her fitness or ability to perform one or

 

 

09900HB3655ham001- 53 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 54 -LRB099 08956 MLM 32121 a

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

 

 

09900HB3655ham001- 55 -LRB099 08956 MLM 32121 a

1        (20) the Illinois Architecture Practice Act of 1989;
2        (21) the Dietitian Nutritionist Practice Act;
3        (22) the Environmental Health Practitioner Licensing
4    Act;
5        (23) the Funeral Directors and Embalmers Licensing
6    Code;
7        (24) the Land Sales Registration Act of 1999;
8        (25) the Professional Geologist Licensing Act;
9        (26) the Illinois Public Accounting Act; and
10        (27) the Structural Engineering Practice Act of 1989.
11(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
1297-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
131-25-13; 98-756, eff. 7-16-14.)".