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Full Text of HB3655  99th General Assembly

HB3655ham002 99TH GENERAL ASSEMBLY

Rep. Daniel J. Burke

Filed: 4/10/2015

 

 


 

 


 
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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 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 Acts repealed on January 1, 2016.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8Acts are repealed on January 1, 2016: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.

 

 

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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    (5 ILCS 80/4.36 new)
6    Sec. 4.36. Act repealed on January 1, 2026. The following
7Act is repealed on January 1, 2026:
8    The Barber, Cosmetology, Esthetics, Hair Braiding, Nail
9Technology, and Eyelash Extension Application Act of 1985.
 
10    Section 10. The Massage Licensing Act is amended by
11changing Section 30 as follows:
 
12    (225 ILCS 57/30)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 30. Title protection.
15    (a) Persons regulated by this Act are designated as massage
16therapists and therefore are exclusively entitled to utilize
17the terms "massage", "massage therapy", and "massage
18therapist" when advertising or printing promotional material.
19    (b) Anyone who knowingly aids and abets one or more persons
20not authorized to use a professional title regulated by this
21Act or knowingly employs persons not authorized to use the
22regulated professional title in the course of their employment,
23commits a violation of this Act.

 

 

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1    (c) Anyone not authorized, under the definitions of this
2Act, to utilize the term "massage", "massage therapy", or
3"massage therapist" and who knowingly utilizes these terms when
4advertising commits a violation of this Act.
5    (d) Nothing in this Act shall prohibit the use of the terms
6"massage", "massage therapy", or "massage therapist" by a salon
7registered under the Barber, Cosmetology, Esthetics, Hair
8Braiding, and Nail Technology, and Eyelash Extension
9Application Act of 1985, provided that the salon offers massage
10therapy services in accordance with this Act.
11(Source: P.A. 97-514, eff. 8-23-11.)
 
12    Section 15. The Barber, Cosmetology, Esthetics, Hair
13Braiding, and Nail Technology Act of 1985 is amended by
14changing Sections 1-1, 1-2, 1-4, 1-7, 1-7.5, 1-10, 1-11, the
15heading of Article IIIB, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15,
163B-16, the heading of Article IIID, 3D-5, and 3E-2 and Sections
174-1, 4-2, 4-4, 4-7, 4-9, 4-19, and 4-20 and by adding the
18heading of Article IIIF and Sections 3F-1, 3F-2, 3F-3, 3F-4,
193F-5, and 3F-6 as follows:
 
20    (225 ILCS 410/1-1)  (from Ch. 111, par. 1701-1)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 1-1. Title of Act. This Act may be cited as the
23Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
24Technology, and Eyelash Extension Application Act of 1985.

 

 

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1(Source: P.A. 96-1246, eff. 1-1-11.)
 
2    (225 ILCS 410/1-2)  (from Ch. 111, par. 1701-2)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 1-2. Public policy. The practices of barbering,
5cosmetology, esthetics, hair braiding, and nail technology,
6and eyelash extension application in the State of Illinois are
7hereby declared to affect the public health, safety and welfare
8and to be subject to regulation and control in the public
9interest. It is further declared to be a matter of public
10interest and concern that the professions merit and receive the
11confidence of the public and that only qualified persons be
12permitted to practice said professions in the State of
13Illinois. This Act shall be liberally construed to carry out
14these objects and purposes.
15(Source: P.A. 98-911, eff. 1-1-15.)
 
16    (225 ILCS 410/1-4)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 1-4. Definitions. In this Act the following words
19shall have the following meanings:
20    "Board" means the Barber, Cosmetology, Esthetics, Hair
21Braiding, and Nail Technology, and Eyelash Extension
22Application Board.
23    "Department" means the Department of Financial and
24Professional Regulation.

 

 

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

 

 

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1approved cosmetology, esthetics, or nail technology school.
2    "Licensed cosmetology clinic teacher" means an individual
3licensed by the Department to practice cosmetology, esthetics,
4and nail technology as defined in this Act and to provide
5clinical instruction in the practice of cosmetology,
6esthetics, hair braiding, and nail technology in an approved
7school of cosmetology, esthetics, or nail technology.
8    "Licensed esthetics teacher" means an individual licensed
9by the Department to practice esthetics as defined in this Act
10and to provide instruction in the theory and practice of
11esthetics to students in an approved cosmetology or esthetics
12school.
13    "Licensed eyelash extension application teacher" means an
14individual licensed by the Department to practice eyelash
15extension application as defined in this Act and to provide
16instruction in the theory and practice of eyelash extension
17application to students in an approved eyelash extension
18application school.
19    "Licensed hair braider" means any individual licensed by
20the Department to practice hair braiding as defined in Section
213E-1 and whose license is in good standing.
22    "Licensed hair braiding teacher" means an individual
23licensed by the Department to practice hair braiding and to
24provide instruction in the theory and practice of hair braiding
25to students in an approved cosmetology or hair braiding school.
26    "Licensed nail technology teacher" means an individual

 

 

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1licensed by the Department to practice nail technology and to
2provide instruction in the theory and practice of nail
3technology to students in an approved nail technology school or
4cosmetology school.
5    "Enrollment" is the date upon which the student signs an
6enrollment agreement or student contract.
7    "Enrollment agreement" or "student contract" is any
8agreement, instrument, or contract however named, which
9creates or evidences an obligation binding a student to
10purchase a course of instruction from a school.
11    "Enrollment time" means the maximum number of hours a
12student could have attended class, whether or not the student
13did in fact attend all those hours.
14    "Elapsed enrollment time" means the enrollment time
15elapsed between the actual starting date and the date of the
16student's last day of physical attendance in the school.
17    "Eyelash extension application" means any technique in
18which semi-permanent, thread-like extensions are bonded to a
19person's eyelashes.
20    "Secretary" means the Secretary of the Department of
21Financial and Professional Regulation.
22    "Threading" means any technique that results in the removal
23of superfluous hair from the body by twisting thread around
24unwanted hair and then pulling it from the skin; and may also
25include the incidental trimming of eyebrow hair.
26(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;

 

 

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198-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
2    (225 ILCS 410/1-7)  (from Ch. 111, par. 1701-7)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 1-7. Licensure required; renewal.
5    (a) It is unlawful for any person to practice, or to hold
6himself or herself out to be a cosmetologist, esthetician, nail
7technician, hair braider, or barber, or licensed eyelash
8extension application technician without a license as a
9cosmetologist, esthetician, nail technician, hair braider, or
10barber, or eyelash extension application technician issued by
11the Department of Financial and Professional Regulation
12pursuant to the provisions of this Act and of the Civil
13Administrative Code of Illinois. It is also unlawful for any
14person, firm, partnership, or corporation to own, operate, or
15conduct a cosmetology, esthetics, nail technology, hair
16braiding, or eyelash extension application salon, or barber
17school without a license issued by the Department or to own or
18operate a cosmetology, esthetics, nail technology, or hair
19braiding, or eyelash extension application salon or barber shop
20without a certificate of registration issued by the Department.
21It is further unlawful for any person to teach in any
22cosmetology, esthetics, nail technology, hair braiding,
23eyelash extension application, or barber college or school
24approved by the Department or hold himself or herself out as a
25cosmetology, esthetics, hair braiding, nail technology,

 

 

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

 

 

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1license as a barber. A person licensed as a cosmetology teacher
2may hold himself or herself out as a cosmetologist,
3esthetician, hair braider, and nail technologist and may
4practice cosmetology, esthetics, hair braiding, and nail
5technology without a license as a cosmetologist, esthetician,
6hair braider, or nail technologist. A person licensed as an
7esthetics teacher may hold himself or herself out as an
8esthetician without being licensed as an esthetician and may
9practice esthetics. A person licensed as a nail technician
10teacher may practice nail technology and may hold himself or
11herself out as a nail technologist without being licensed as a
12nail technologist. A person licensed as a hair braiding teacher
13may practice hair braiding and may hold himself or herself out
14as a hair braider without being licensed as a hair braider.
15    (d) The holder of a license issued under this Act may renew
16that license during the month preceding the expiration date of
17the license by paying the required fee.
18(Source: P.A. 98-911, eff. 1-1-15.)
 
19    (225 ILCS 410/1-7.5)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 1-7.5. Unlicensed practice; violation; civil penalty.
22    (a) Any person who practices, offers to practice, attempts
23to practice, or holds himself or herself out to practice
24barbering, cosmetology, esthetics, hair braiding, eyelash
25extension application, or nail technology without being

 

 

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1licensed under this Act shall, in addition to any other penalty
2provided by law, pay a civil penalty to the Department in an
3amount not to exceed $5,000 for each offense as determined by
4the Department. The civil penalty shall be assessed by the
5Department after a hearing is held in accordance with the
6provisions set forth in this Act regarding disciplining a
7licensee.
8    (b) The Department has the authority and power to
9investigate any and all unlicensed activity.
10    (c) The civil penalty shall be paid within 60 days after
11the effective date of the order imposing the civil penalty. The
12order shall constitute a judgment and may be filed and
13execution had thereon in the same manner as any judgment from
14any court of record.
15(Source: P.A. 96-1246, eff. 1-1-11.)
 
16    (225 ILCS 410/1-10)  (from Ch. 111, par. 1701-10)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 1-10. Display. Every holder of a license shall display
19it in a place in the holder's principal office, place of
20business or place of employment. Whenever a licensed
21cosmetologist, esthetician, nail technician, hair braider,
22eyelash extension application technician, or barber practices
23cosmetology, esthetics, nail technology, hair braiding,
24eyelash extension application, or barbering outside of or away
25from the cosmetologist's, esthetician's, nail technician's,

 

 

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1hair braider's, eyelash extension application technician's, or
2barber's principal office, place of business, or place of
3employment, the cosmetologist, esthetician, nail technician,
4hair braider, eyelash extension application technician, or
5barber shall deliver to each person served a certificate of
6identification in a form specified by the Department.
7    Every registered shop shall display its certificate of
8registration at the location of the shop. Each shop where
9barber, cosmetology, esthetics, hair braiding, eyelash
10extension application, or nail technology services are
11provided shall have a certificate of registration.
12(Source: P.A. 96-1246, eff. 1-1-11.)
 
13    (225 ILCS 410/1-11)  (from Ch. 111, par. 1701-11)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 1-11. Exceptions to Act.
16    (a) Nothing in this Act shall be construed to apply to the
17educational activities conducted in connection with any
18monthly, annual or other special educational program of any
19bona fide association of licensed cosmetologists,
20estheticians, nail technicians, hair braiders, eyelash
21extension application technicians, or barbers, or licensed
22cosmetology, esthetics, nail technology, hair braiding, or
23barber schools from which the general public is excluded.
24    (b) Nothing in this Act shall be construed to apply to the
25activities and services of registered nurses or licensed

 

 

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1practical nurses, as defined in the Nurse Practice Act, or to
2personal care or health care services provided by individuals
3in the performance of their duties as employed or authorized by
4facilities or programs licensed or certified by State agencies.
5As used in this subsection (b), "personal care" means
6assistance with meals, dressing, movement, bathing, or other
7personal needs or maintenance or general supervision and
8oversight of the physical and mental well-being of an
9individual who is incapable of maintaining a private,
10independent residence or who is incapable of managing his or
11her person whether or not a guardian has been appointed for
12that individual. The definition of "personal care" as used in
13this subsection (b) shall not otherwise be construed to negate
14the requirements of this Act or its rules.
15    (c) Nothing in this Act shall be deemed to require
16licensure of individuals employed by the motion picture, film,
17television, stage play or related industry for the purpose of
18providing cosmetology, temporary eyelash enhancement, or
19esthetics services to actors of that industry while engaged in
20the practice of cosmetology or esthetics as a part of that
21person's employment.
22(Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
 
23    (225 ILCS 410/Art. IIIB heading)
24
ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
25
EYELASH EXTENSION APPLICATION, AND NAIL TECHNOLOGY SCHOOLS

 

 

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1(Source: P.A. 98-911, eff. 1-1-15.)
 
2    (225 ILCS 410/3B-1)  (from Ch. 111, par. 1703B-1)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 3B-1. Application. The provisions of this Article are
5applicable only to barber, cosmetology, esthetics, hair
6braiding, eyelash extension application, and nail technology
7schools regulated under this Act.
8(Source: P.A. 98-911, eff. 1-1-15.)
 
9    (225 ILCS 410/3B-10)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 3B-10. Requisites for ownership or operation of
12school. No person, firm, or corporation may own, operate, or
13conduct a school of barbering, cosmetology, esthetics, hair
14braiding, eyelash extension application, or nail technology
15for the purpose of teaching barbering, cosmetology, esthetics,
16hair braiding, eyelash extension application, or nail
17technology for compensation unless licensed by the Department.
18A licensed school is a postsecondary educational institution
19authorized by the Department to provide a postsecondary
20education program in compliance with the requirements of this
21Act. An applicant shall apply to the Department on forms
22provided by the Department, pay the required fees, and comply
23with the following requirements:
24        1. The applicant must submit to the Department for

 

 

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1    approval:
2            a. A floor plan, drawn to a scale specified on the
3        floor plan, showing every detail of the proposed
4        school; and
5            b. A lease commitment or proof of ownership for the
6        location of the proposed school; a lease commitment
7        must provide for execution of the lease upon the
8        Department's approval of the school's application and
9        the lease must be for a period of at least one year.
10            c. (Blank).
11        2. An application to own or operate a school shall
12    include the following:
13            a. If the owner is a corporation, a copy of the
14        Articles of Incorporation;
15            b. If the owner is a partnership, a listing of all
16        partners and their current addresses;
17            c. If the applicant is an owner, a completed
18        financial statement showing the owner's ability to
19        operate the school for at least 3 months;
20            d. A copy of the official enrollment agreement or
21        student contract to be used by the school, which shall
22        be consistent with the requirements of this Act and
23        rules;
24            e. A listing of all teachers who will be in the
25        school's employ, including their teacher license
26        numbers;

 

 

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1            f. A copy of the curricula that will be followed;
2            g. The names, addresses, and current status of all
3        schools in which the applicant has previously owned any
4        interest, and a declaration as to whether any of these
5        schools were ever denied accreditation or licensing or
6        lost accreditation or licensing from any governmental
7        body or accrediting agency;
8            h. Each application for a certificate of approval
9        shall be signed and certified under oath by the
10        school's chief managing employee and also by its
11        individual owner or owners; if the applicant is a
12        partnership or a corporation, then the application
13        shall be signed and certified under oath by the
14        school's chief managing employee and also by each
15        member of the partnership or each officer of the
16        corporation, as the case may be;
17            i. A copy of the school's official transcript; and
18            j. The required fee.
19        3. Each application for a license to operate a school
20    shall also contain the following commitments:
21            a. To conduct the school in accordance with this
22        Act and the standards, and rules from time to time
23        adopted under this Act and to meet standards and
24        requirements at least as stringent as those required by
25        Part H of the Federal Higher Education Act of 1965.
26            b. To permit the Department to inspect the school

 

 

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1        or classes thereof from time to time with or without
2        notice; and to make available to the Department, at any
3        time when required to do so, information including
4        financial information pertaining to the activities of
5        the school required for the administration of this Act
6        and the standards and rules adopted under this Act;
7            c. To utilize only advertising and solicitation
8        which is free from misrepresentation, deception,
9        fraud, or other misleading or unfair trade practices;
10            d. To screen applicants to the school prior to
11        enrollment pursuant to the requirements of the
12        school's regional or national accrediting agency, if
13        any, and to maintain any and all records of such
14        screening. If the course of instruction is offered in a
15        language other than English, the screening shall also
16        be performed in that language;
17            e. To post in a conspicuous place a statement,
18        developed by the Department, of student's rights
19        provided under this Act.
20        4. The applicant shall establish to the satisfaction of
21    the Department that the owner possesses sufficient liquid
22    assets to meet the prospective expenses of the school for a
23    period of 3 months. In the discretion of the Department,
24    additional proof of financial ability may be required.
25        5. The applicant shall comply with all rules of the
26    Department determining the necessary curriculum and

 

 

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1    equipment required for the conduct of the school.
2        6. The applicant must demonstrate employment of a
3    sufficient number of qualified teachers who are holders of
4    a current license issued by the Department.
5        7. A final inspection of the barber, cosmetology,
6    esthetics, hair braiding, eyelash extension application,
7    or nail technology school shall be made by the Department
8    before the school may commence classes.
9        8. A written inspection report must be made by the
10    State Fire Marshal or a local fire authority approving the
11    use of the proposed premises as a barber, cosmetology,
12    esthetics, hair braiding, eyelash extension application,
13    or nail technology school.
14(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
15    (225 ILCS 410/3B-11)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 3B-11. Periodic review of barber, cosmetology,
18esthetics, hair braiding, eyelash extension application, and
19nail technology schools. The Department shall review at least
20biennially all approved schools and courses of instruction. The
21biennial review shall include consideration of a comparison
22between the graduation or completion rate for the school and
23the graduation or completion rate for the schools within that
24classification of schools. Consideration shall be given to
25complaints and information forwarded to the Department by the

 

 

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1Federal Trade Commission, Better Business Bureaus, the
2Illinois Attorney General's Office, a State's Attorney's
3Office, other State or official approval agencies, local school
4officials, and interested persons. The Department shall
5investigate all complaints filed with the Department about a
6school or its sales representatives.
7    A school shall retain the records, as defined by rule, of a
8student who withdraws from or drops out of the school, by
9written notice of cancellation or otherwise, for any period
10longer than 7 years from the student's first day of attendance.
11However, a school shall retain indefinitely the transcript of
12each student who completes the program and graduates from the
13school.
14(Source: P.A. 98-911, eff. 1-1-15.)
 
15    (225 ILCS 410/3B-12)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 3B-12. Enrollment agreements.
18    (a) Enrollment agreements shall be used by barber,
19cosmetology, esthetics, hair braiding, eyelash extension
20application, and nail technology schools licensed to operate by
21the Department and shall include the following written
22disclosures:
23        (1) The name and address of the school and the
24    addresses where instruction will be given;
25        (2) The name and description of the course of

 

 

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

 

 

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1    the student's admission;
2        (10) The name of the school employee or agent
3    responsible for procuring, soliciting, or enrolling the
4    student;
5        (11) A clear statement that the institution does not
6    guarantee employment and a statement describing the
7    school's placement assistance procedures;
8        (12) The graduation requirements of the school;
9        (13) The contents of the following notice, in at least
10    10 point bold type:
11
"NOTICE TO THE STUDENT"
12    "Do not sign this contract before you read it or if it
13    contains any blank space. You are entitled to an exact copy
14    of the contract you sign."
15        (14) A statement either in the enrollment agreement or
16    separately provided and acknowledged by the student
17    indicating the number of students who did not complete the
18    course of instruction for which they enrolled for the past
19    calendar year as compared to the number of students who
20    enrolled in school during the school's past calendar year;
21        (15) The following clear and conspicuous caption:
22    "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
23    DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
24    forth with the address and telephone number of the
25    Department's Chicago and Springfield offices.
26    (b) If the enrollment is negotiated orally in a language

 

 

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1other than English, then copies of the above disclosures shall
2be tendered in the language in which the contract was
3negotiated prior to executing the enrollment agreement.
4    (c) The school shall comply with all applicable
5requirements of the Retail Installment Sales Act in its
6enrollment agreement or student contracts.
7    (d) No enrollment agreement or student contract shall
8contain a wage assignment provision or a confession of judgment
9clause.
10    (e) Any provision in an enrollment agreement or student
11contract that purports to waive the student's right to assert
12against the school, or any assignee, any claim or defense he or
13she may have against the school arising under the contract
14shall be void.
15    (f) Two copies of the enrollment agreement shall be signed
16by the student. One copy shall be given to the student and the
17school shall retain the other copy as part of the student's
18permanent record.
19(Source: P.A. 98-911, eff. 1-1-15.)
 
20    (225 ILCS 410/3B-15)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 3B-15. Grounds for disciplinary action. In addition to
23any other cause herein set forth the Department may refuse to
24issue or renew and may suspend, place on probation, or revoke
25any license to operate a school, or take any other disciplinary

 

 

09900HB3655ham002- 23 -LRB099 08956 MLM 33822 a

1or non-disciplinary action that the Department may deem proper,
2including the imposition of fines not to exceed $5,000 for each
3violation, for any one or any combination of the following
4causes:
5        (1) Repeated violation of any provision of this Act or
6    any standard or rule established under this Act.
7        (2) Knowingly furnishing false, misleading, or
8    incomplete information to the Department or failure to
9    furnish information requested by the Department.
10        (3) Violation of any commitment made in an application
11    for a license, including failure to maintain standards that
12    are the same as, or substantially equivalent to, those
13    represented in the school's applications and advertising.
14        (4) Presenting to prospective students information
15    relating to the school, or to employment opportunities or
16    opportunities for enrollment in institutions of higher
17    learning after entering into or completing courses offered
18    by the school, that is false, misleading, or fraudulent.
19        (5) Failure to provide premises or equipment or to
20    maintain them in a safe and sanitary condition as required
21    by law.
22        (6) Failure to maintain financial resources adequate
23    for the satisfactory conduct of the courses of instruction
24    offered or to retain a sufficient and qualified
25    instructional and administrative staff.
26        (7) Refusal to admit applicants on account of race,

 

 

09900HB3655ham002- 24 -LRB099 08956 MLM 33822 a

1    color, creed, sex, physical or mental handicap unrelated to
2    ability, religion, or national origin.
3        (8) Paying a commission or valuable consideration to
4    any person for acts or services performed in violation of
5    this Act.
6        (9) Attempting to confer a fraudulent degree, diploma,
7    or certificate upon a student.
8        (10) Failure to correct any deficiency or act of
9    noncompliance under this Act or the standards and rules
10    established under this Act within reasonable time limits
11    set by the Department.
12        (11) Conduct of business or instructional services
13    other than at locations approved by the Department.
14        (12) Failure to make all of the disclosures or making
15    inaccurate disclosures to the Department or in the
16    enrollment agreement as required under this Act.
17        (13) Failure to make appropriate refunds as required by
18    this Act.
19        (14) Denial, loss, or withdrawal of accreditation by
20    any accrediting agency.
21        (15) During any calendar year, having a failure rate of
22    25% or greater for those of its students who for the first
23    time take the examination authorized by the Department to
24    determine fitness to receive a license as a barber, barber
25    teacher, cosmetologist, cosmetology teacher, esthetician,
26    esthetician teacher, eyelash extension application

 

 

09900HB3655ham002- 25 -LRB099 08956 MLM 33822 a

1    technician, eyelash extension application teacher, hair
2    braider, hair braiding teacher, nail technician, or nail
3    technology teacher, provided that a student who transfers
4    into the school having completed 50% or more of the
5    required program and who takes the examination during that
6    calendar year shall not be counted for purposes of
7    determining the school's failure rate on an examination,
8    without regard to whether that transfer student passes or
9    fails the examination.
10        (16) Failure to maintain a written record indicating
11    the funds received per student and funds paid out per
12    student. Such records shall be maintained for a minimum of
13    7 years and shall be made available to the Department upon
14    request. Such records shall identify the funding source and
15    amount for any student who has enrolled as well as any
16    other item set forth by rule.
17        (17) Failure to maintain a copy of the student record
18    as defined by rule.
19(Source: P.A. 98-911, eff. 1-1-15.)
 
20    (225 ILCS 410/3B-16)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 3B-16. Department of Corrections. The Secretary may
23waive any requirement of this Act or of the rules enacted by
24the Department pursuant to this Act pertaining to the operation
25of a barber, cosmetology, esthetics, hair braiding, eyelash

 

 

09900HB3655ham002- 26 -LRB099 08956 MLM 33822 a

1extension application, or nail technology school owned or
2operated by the Department of Corrections and located in a
3correctional facility to educate inmates that is inconsistent
4with the mission or operations of the Department of Corrections
5or is detrimental to the safety and security of any
6correctional facility. Nothing in this Section 3B-16 exempts
7the Department of Corrections from the necessity of licensure.
8(Source: P.A. 98-911, eff. 1-1-15.)
 
9    (225 ILCS 410/Art. IIID heading)
10
ARTICLE IIID. COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
11
EYELASH EXTENSION APPLICATION, AND NAIL TECHNOLOGY SALONS AND
12
BARBER SHOPS
13(Source: P.A. 96-1246, eff. 1-1-11.)
 
14    (225 ILCS 410/3D-5)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 3D-5. Requisites for ownership or operation of
17cosmetology, esthetics, hair braiding, and nail technology
18salons and barber shops.
19    (a) No person, firm, partnership, limited liability
20company, or corporation shall own or operate a cosmetology,
21esthetics, hair braiding, eyelash extension application, or
22nail technology salon or barber shop or employ, rent space to,
23or independently contract with any licensee under this Act
24without applying on forms provided by the Department for a

 

 

09900HB3655ham002- 27 -LRB099 08956 MLM 33822 a

1certificate of registration.
2    (b) The application for a certificate of registration under
3this Section shall set forth the name, address, and telephone
4number of the proposed cosmetology, esthetics, hair braiding,
5eyelash extension application, or nail technology salon or
6barber shop; the name, address, and telephone number of the
7person, firm, partnership, or corporation that is to own or
8operate the salon or shop; and, if the salon or shop is to be
9owned or operated by an entity other than an individual, the
10name, address, and telephone number of the managing partner or
11the chief executive officer of the corporation or other entity
12that owns or operates the salon or shop.
13    (c) The Department shall be notified by the owner or
14operator of a salon or shop that is moved to a new location. If
15there is a change in the ownership or operation of a salon or
16shop, the new owner or operator shall report that change to the
17Department along with completion of any additional
18requirements set forth by rule.
19    (d) If a person, firm, partnership, limited liability
20company, or corporation owns or operates more than one shop or
21salon, a separate certificate of registration must be obtained
22for each salon or shop.
23    (e) A certificate of registration granted under this
24Section may be revoked in accordance with the provisions of
25Article IV and the holder of the certificate may be otherwise
26disciplined by the Department in accordance with rules adopted

 

 

09900HB3655ham002- 28 -LRB099 08956 MLM 33822 a

1under this Act.
2    (f) The Department may promulgate rules to establish
3additional requirements for owning or operating a salon or
4shop.
5(Source: P.A. 96-1246, eff. 1-1-11.)
 
6    (225 ILCS 410/3E-2)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 3E-2. Hair braider licensure; qualifications.
9    (a) A person is qualified to receive a license as a hair
10braider if he or she has filed an application on forms provided
11by the Department, paid the required fees, and meets the
12following qualifications:
13        (1) Is at least 16 years of age;
14        (2) Is beyond the age of compulsory school attendance
15    or has received a certificate of graduation from a school
16    providing secondary education, or the recognized
17    equivalent of that certificate; and
18        (3) Has completed a program consisting of a minimum of
19    300 clock hours or a 10 credit hour equivalency of
20    instruction, as defined by rule, in a licensed cosmetology
21    school teaching a hair braiding curriculum or in a licensed
22    hair braiding school as follows:
23            (A) Basic training consisting of 35 hours of
24        classroom instruction in general theory, practical
25        application, and technical application in the

 

 

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1        following subject areas: history of hair braiding,
2        personal hygiene and public health, professional
3        ethics, disinfection and sanitation, bacteriology,
4        disorders and diseases of the hair and scalp, OSHA
5        standards relating to material safety data sheets
6        (MSDS) on chemicals, hair analysis and scalp care, and
7        technical procedures;
8            (B) Related concepts consisting of 35 hours of
9        classroom instruction in the following subject areas:
10        Braid removal and scalp care; basic styling knowledge;
11        tools and equipment; growth patterns, styles and
12        sectioning; client consultation and face shapes; and
13        client education, pre-care, post-care, home care and
14        follow-up services;
15            (C) Practices and procedures consisting of 200
16        hours of instruction, which shall be a combination of
17        classroom instruction and clinical practical
18        application, in the following subject areas: single
19        braids with and without extensions; cornrows with and
20        without extensions; twists and knots; multiple
21        strands; hair locking; weaving/sewn-in; other
22        procedures as they relate to hair-braiding; and
23        product knowledge as it relates to hair braiding; and
24            (D) Business practices consisting of 30 hours of
25        classroom instruction in the following subject areas:
26        Illinois Barber, Cosmetology, Esthetics, Hair

 

 

09900HB3655ham002- 30 -LRB099 08956 MLM 33822 a

1        Braiding, and Nail Technology, and Eyelash Extension
2        Application Act of 1985 and Rules; salon management;
3        human relations and salesmanship; and Workers'
4        Compensation Act.
5    (b) The expiration date and renewal period for each license
6issued under this Act shall be set by rule.
7    (c) Within 2 years after the effective date of this
8amendatory Act of the 96th General Assembly, the Department may
9issue a hair braider license to any applicant who does not meet
10the requirements of items (2) and (3) of subsection (a) of this
11Section if the applicant: (1) files an application in
12accordance with subsection (a), (2) pays the required fee, (3)
13has not committed an offense that would be grounds for
14discipline under this Act, and (4) is able to demonstrate to
15the Department through tax records or affidavits that he or she
16has practiced hair braiding for at least 2 consecutive years
17immediately prior to the date of his or her application.
18    A hair braider who obtains his or her license under this
19subsection (c) may renew his or her license if he or she
20applies to the Department for renewal and has completed at
21least 65 hours of relevant training in health, safety, hygiene,
22and business management in accordance with the requirements of
23this Section or any rule adopted pursuant to this Section. A
24hair braider who renews his or her license under this
25subsection (c) may thereafter only renew his or her license if
26he or she meets the requirements of Section 3E-5 of this Act.

 

 

09900HB3655ham002- 31 -LRB099 08956 MLM 33822 a

1(Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
2    (225 ILCS 410/Art. IIIF heading new)
3
ARTICLE IIIF. EYELASH EXTENSION APPLICATION TECHNICIANS

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

 

 

09900HB3655ham002- 32 -LRB099 08956 MLM 33822 a

1    Sec. 3F-2. Licensure as an eyelash extension application
2technician; qualifications. A person is qualified to receive a
3license as an eyelash extension application technician if that
4person has applied in writing on forms provided by the
5Department, paid any required fees, and:
6    (1) is at least 17 years of age;
7    (2) has obtained a high school diploma or the equivalent of
8a high school diploma or has passed a valid examination
9administered by a certified testing agency that measures the
10person's ability to benefit from training;
11    (3) has completed an eyelash extension application
12training program which includes at least 320 hours of classroom
13instruction and practical experience, including at least 8
14hours of theoretical instruction in the following areas:
15        (A) recognizing infectious or contagious diseases of
16    the eye and allergic reactions to materials;
17        (B) proper sanitation practices;
18        (C) occupational health and safety practices;
19        (D) eyelash extension application procedures; and
20        (E) eyelash extension isolation and separation
21    procedures;
22    (4) has passed an examination authorized by the Department
23to determine fitness to receive a license as an eyelash
24extension application technician;
25    (5) has met any other requirements of this Act and its
26rules; and

 

 

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1    (6) has the opportunity to get a specialty designation.
 
2    (225 ILCS 410/3F-3 new)
3    Sec. 3F-3. Licensure as an eyelash extension application
4teacher; qualifications. A person is qualified to receive a
5license as an eyelash extension application teacher if that
6person has applied in writing on forms supplied by the
7Department, paid the required fees, and:
8        (1) is at least 18 years of age;
9        (2) has graduated from high school or its equivalent;
10        (3) has a current license as an eyelash extension
11    application technician;
12        (4) has either: (i) completed a program of 500 hours of
13    teacher training in a licensed school of cosmetology or a
14    licensed esthetics school or an approved eyelash extension
15    program and had 2 years of practical experience applying
16    eyelashes in the 2 years preceding the examination; or (ii)
17    completed a program of 750 hours of teacher training in a
18    licensed school of cosmetology approved by the Department
19    to teach eyelash extension application or a licensed
20    esthetics school;
21        (5) has passed an examination authorized by the
22    Department to determine eligibility to receive a license as
23    a licensed eyelash extension application teacher; and
24        (6) has met any other requirements as required by this
25    Act.
 

 

 

09900HB3655ham002- 34 -LRB099 08956 MLM 33822 a

1    (225 ILCS 410/3F-4 new)
2    Sec. 3F-4. Licensure; renewal; continuing education;
3examination; military service. The holder of a license issued
4under this Article may renew such license during the month
5preceding the license's expiration date by paying the required
6fee and giving evidence, as the Department may prescribe, of
7completing not less than 10 hours of continuing education for
8eyelash extension application technicians, and not less than 20
9hours of continuing education for eyelash extension
10application teachers, within the 2 years prior to renewal. The
11training shall be in subjects approved by the Department, as
12prescribed by rule, upon recommendation of the Board.
13    A license that has expired or been placed on inactive
14status may be restored only by payment of the restoration fee
15and submitting evidence satisfactory to the Department of the
16current qualifications and fitness of the licensee, including
17the completion of continuing education hours for the period
18following expiration.
19    A license issued under the provisions of this Act that has
20expired while the holder of the license was engaged (1) in
21federal service on active duty with the Army of the United
22States, the United States Navy, the Marine Corps, the Air
23Force, the Coast Guard, or any Women's Auxiliary thereof, or
24the State Militia called into the service or training of the
25United States of America, or (2) in training or education under

 

 

09900HB3655ham002- 35 -LRB099 08956 MLM 33822 a

1the supervision of the United States preliminary to induction
2into the military service, may be reinstated or restored
3without the payment of any lapsed renewal fees, reinstatement
4fee, or restoration fee if within 2 years after the termination
5of such service, training, or education other than by
6dishonorable discharge, the holder furnishes the Department
7with an affidavit to the effect that he or she has been so
8engaged and that his or her service, training, or education has
9been so terminated.
10    The Department, in its discretion, may waive enforcement of
11the continuing education requirement in this Section, and shall
12adopt rules defining the standards and criteria for such
13waiver, under the following circumstances:
14        (1) the licensee resides in a locality where it is
15    demonstrated that the absence of opportunities for such
16    education would interfere with the ability of the licensee
17    to provide service to the public;
18        (2) the licensee's compliance with the continuing
19    education requirements would cause a substantial financial
20    hardship on the licensee;
21        (3) the licensee is serving in the United States Armed
22    Forces; or
23        (4) the licensee is incapacitated due to illness.
 
24    (225 ILCS 410/3F-5 new)
25    Sec. 3F-5. Eyelash extension application technician

 

 

09900HB3655ham002- 36 -LRB099 08956 MLM 33822 a

1licensed elsewhere. Upon payment of the required fee, an
2applicant who is an eyelash extension application technician
3registered or licensed under the laws of another state or
4territory of the United States or of a foreign country or
5province may, without examination, be granted a license as a
6licensed eyelash extension application technician by the
7Department in its discretion upon the following conditions:
8    (a) In the case of an eyelash extension application
9technician registered or licensed elsewhere:
10        (1) the applicant is at least 17 years of age; and
11        (2) the requirements for the registration or licensing
12    of eyelash extension application technician in the
13    particular state, territory, country, or province were at
14    the date of the license substantially equivalent to the
15    requirements then in force in this State.
16    (b) In the case of an eyelash extension application teacher
17registered or licensed elsewhere:
18        (1) the applicant is at least 18 years of age; and
19        (2) the requirements for the registration or licensing
20    of esthetics teachers in the particular state, territory,
21    country, or province were at the date of the license
22    substantially equivalent to the requirements then in force
23    in this State or the applicant has established proof of
24    legal practice as an eyelash extension application teacher
25    in another jurisdiction for at least 3 years.
26    If the Department, in its discretion and in accordance with

 

 

09900HB3655ham002- 37 -LRB099 08956 MLM 33822 a

1rules, deems it necessary, an applicant registered or licensed
2under the laws of a foreign country or province may be required
3to pass an examination as required by this Act.
4    An applicant who has been licensed to practice eyelash
5extension application in another state may receive credit of at
6least 300 hours for each year of experience toward the
7education required under this Act.
 
8    (225 ILCS 410/3F-6 new)
9    Sec. 3F-6. Grandfather provision. For a period of 12 months
10after the filing of the original administrative rules adopted
11under this Act, the Department may issue a license to any
12individual who, in addition to meeting the requirements set
13forth in items (1) and (2) of Section 3F-2, can provide
14documentation of employment as an eyelash extension
15application technician and has received remuneration for
16practicing eyelash extension application for a period of 3
17years.
 
18    (225 ILCS 410/4-1)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 4-1. Powers and duties of Department. The Department
21shall exercise, subject to the provisions of this Act, the
22following functions, powers and duties:
23        (1) To cause to be conducted examinations to ascertain
24    the qualifications and fitness of applicants for licensure

 

 

09900HB3655ham002- 38 -LRB099 08956 MLM 33822 a

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

 

 

09900HB3655ham002- 39 -LRB099 08956 MLM 33822 a

1        (5) To prescribe reasonable rules governing the
2    sanitary regulation and inspection of cosmetology,
3    esthetics, nail technology, hair braiding, eyelash
4    extension application, or barber schools, salons, or
5    shops.
6        (6) To prescribe reasonable rules for the method of
7    renewal for each license as a cosmetologist, esthetician,
8    nail technician, hair braider, eyelash extension
9    application technician, or barber or cosmetology,
10    esthetics, nail technology, hair braiding, or barber
11    teacher, eyelash extension application, or cosmetology
12    clinic teacher.
13        (7) To prescribe reasonable rules for the method of
14    registration, the issuance, fees, renewal and discipline
15    of a certificate of registration for the ownership or
16    operation of cosmetology, esthetics, hair braiding,
17    eyelash extension application, and nail technology salons
18    and barber shops.
19        (8) To adopt rules concerning sanitation requirements,
20    requirements for education on sanitation, and any other
21    health concerns associated with threading.
22(Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15.)
 
23    (225 ILCS 410/4-2)  (from Ch. 111, par. 1704-2)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair

 

 

09900HB3655ham002- 40 -LRB099 08956 MLM 33822 a

1Braiding, and Nail Technology, and Eyelash Extension
2Application Board. There is established within the Department
3the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
4Technology, and Eyelash Extension Application Board, composed
5of 12 11 persons, which shall serve in an advisory capacity to
6the Secretary in all matters related to the practice of
7barbering, cosmetology, esthetics, hair braiding, eyelash
8extension application, and nail technology.
9    The 12 11 members of the Board shall be appointed as
10follows: 6 licensed cosmetologists, all of whom hold a current
11license as a cosmetologist or cosmetology teacher and, for
12appointments made after the effective date of this amendatory
13Act of 1996, at least 2 of whom shall be an owner of or a major
14stockholder in a school of cosmetology, 2 of whom shall be
15representatives of either a franchiser or an owner operating
16salons in 2 or more locations within the State, one of whom
17shall be an independent salon owner, and no one of the
18cosmetologist members shall be a manufacturer, jobber, or
19stockholder in a factory of cosmetology articles or an
20immediate family member of any of the above; one of whom shall
21be a barber holding a current license; one member who shall be
22a licensed esthetician or esthetics teacher; one member who
23shall be a licensed nail technician or nail technology teacher;
24one member who shall be a licensed hair braider or hair
25braiding teacher; one member who shall be an eyelash extension
26application technician or eyelash extension application

 

 

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1teacher; and one public member who holds no licenses issued by
2the Department. The Secretary shall give due consideration for
3membership to recommendations by members of the professions and
4by their professional organizations. Members shall serve 4 year
5terms and until their successors are appointed and qualified.
6No member shall be reappointed to the Board for more than 2
7terms. Appointments to fill vacancies shall be made in the same
8manner as original appointments for the unexpired portion of
9the vacated term. Members of the Board in office on the
10effective date of this amendatory Act of 1996 shall continue to
11serve for the duration of the terms to which they have been
12appointed, but beginning on that effective date all
13appointments of licensed cosmetologists and barbers to serve as
14members of the Board shall be made in a manner that will effect
15at the earliest possible date the changes made by this
16amendatory Act of 1996 in the representative composition of the
17Board.
18    For the initial appointment of a member who shall be a hair
19braider or hair braiding teacher to the Board, such individual
20shall not be required to possess a license at the time of
21appointment, but shall have at least 5 years active practice in
22the field of hair braiding and shall obtain a license as a hair
23braider or a hair braiding teacher within 18 months after
24appointment to the Board.
25    For the initial appointment of a member who shall be an
26eyelash extension application technician or eyelash extension

 

 

09900HB3655ham002- 42 -LRB099 08956 MLM 33822 a

1application teacher to the Board, such individual shall not be
2required to possess a license at the time of appointment, but
3shall have at least 3 years active practice in the field of
4eyelash extension application and shall obtain a license as an
5eyelash extension application technician or an eyelash
6extension application teacher within 18 months after
7appointment to the Board.
8    Seven Six members of the Board shall constitute a quorum. A
9majority is required for Board decisions.
10    Whenever the Secretary is satisfied that substantial
11justice has not been done in an examination, the Secretary may
12order a reexamination by the same or other examiners.
13(Source: P.A. 96-1246, eff. 1-1-11.)
 
14    (225 ILCS 410/4-4)  (from Ch. 111, par. 1704-4)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 4-4. Issuance of license. Whenever the provisions of
17this Act have been complied with, the Department shall issue a
18license as a cosmetologist, esthetician, nail technician, hair
19braider, eyelash extension application technician, or barber,
20a license as a cosmetology, esthetics, nail technology, hair
21braiding, eyelash extension application, or barber teacher, or
22a license as a cosmetology clinic teacher as the case may be.
23(Source: P.A. 98-911, eff. 1-1-15.)
 
24    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)

 

 

09900HB3655ham002- 43 -LRB099 08956 MLM 33822 a

1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 4-7. Refusal, suspension and revocation of licenses;
3causes; disciplinary action.
4    (1) The Department may refuse to issue or renew, and may
5suspend, revoke, place on probation, reprimand or take any
6other disciplinary or non-disciplinary action as the
7Department may deem proper, including civil penalties not to
8exceed $500 for each violation, with regard to any license for
9any one, or any combination, of the following causes:
10        a. Conviction of any crime under the laws of the United
11    States or any state or territory thereof that is (i) a
12    felony, (ii) a misdemeanor, an essential element of which
13    is dishonesty, or (iii) a crime which is related to the
14    practice of the profession.
15        b. Conviction of any of the violations listed in
16    Section 4-20.
17        c. Material misstatement in furnishing information to
18    the Department.
19        d. Making any misrepresentation for the purpose of
20    obtaining a license or violating any provision of this Act
21    or its rules.
22        e. Aiding or assisting another person in violating any
23    provision of this Act or its rules.
24        f. Failing, within 60 days, to provide information in
25    response to a written request made by the Department.
26        g. Discipline by another state, territory, or country

 

 

09900HB3655ham002- 44 -LRB099 08956 MLM 33822 a

1    if at least one of the grounds for the discipline is the
2    same as or substantially equivalent to those set forth in
3    this Act.
4        h. Practice in the barber, nail technology, esthetics,
5    hair braiding, eyelash extension application, or
6    cosmetology profession, or an attempt to practice in those
7    professions, by fraudulent misrepresentation.
8        i. Gross malpractice or gross incompetency.
9        j. Continued practice by a person knowingly having an
10    infectious or contagious disease.
11        k. Solicitation of professional services by using
12    false or misleading advertising.
13        l. A finding by the Department that the licensee, after
14    having his or her license placed on probationary status,
15    has violated the terms of probation.
16        m. Directly or indirectly giving to or receiving from
17    any person, firm, corporation, partnership or association
18    any fee, commission, rebate, or other form of compensation
19    for any professional services not actually or personally
20    rendered.
21        n. Violating any of the provisions of this Act or rules
22    adopted pursuant to this Act.
23        o. Willfully making or filing false records or reports
24    relating to a licensee's practice, including but not
25    limited to, false records filed with State agencies or
26    departments.

 

 

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1        p. Habitual or excessive use addiction to alcohol,
2    narcotics, stimulants, or any other chemical agent or drug
3    that results in the inability to practice with reasonable
4    judgment, skill or safety.
5        q. Engaging in dishonorable, unethical or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public as may be defined by rules of
8    the Department, or violating the rules of professional
9    conduct which may be adopted by the Department.
10        r. Permitting any person to use for any unlawful or
11    fraudulent purpose one's diploma or license or certificate
12    of registration as a cosmetologist, nail technician,
13    esthetician, hair braider, eyelash extension application
14    technician, or barber or cosmetology, nail technology,
15    esthetics, hair braiding, eyelash extension application,
16    or barber teacher or salon or shop or cosmetology clinic
17    teacher.
18        s. Being named as a perpetrator in an indicated report
19    by the Department of Children and Family Services under the
20    Abused and Neglected Child Reporting Act and upon proof by
21    clear and convincing evidence that the licensee has caused
22    a child to be an abused child or neglected child as defined
23    in the Abused and Neglected Child Reporting Act.
24    (2) In rendering an order, the Secretary shall take into
25consideration the facts and circumstances involving the type of
26acts or omissions in paragraph (1) of this Section including,

 

 

09900HB3655ham002- 46 -LRB099 08956 MLM 33822 a

1but not limited to:
2        (a) the extent to which public confidence in the
3    cosmetology, nail technology, esthetics, hair braiding,
4    eyelash extension application, or barbering profession
5    was, might have been, or may be, injured;
6        (b) the degree of trust and dependence among the
7    involved parties;
8        (c) the character and degree of harm which did result
9    or might have resulted;
10        (d) the intent or mental state of the licensee at the
11    time of the acts or omissions.
12    (3) The Department shall reissue the license or
13registration upon certification by the Board that the
14disciplined licensee or registrant has complied with all of the
15terms and conditions set forth in the final order or has been
16sufficiently rehabilitated to warrant the public trust.
17    (4) The Department shall refuse to issue or renew or
18suspend without hearing the license or certificate of
19registration of any person who fails to file a return, or to
20pay the tax, penalty or interest shown in a filed return, or to
21pay any final assessment of tax, penalty or interest, as
22required by any tax Act administered by the Illinois Department
23of Revenue, until such time as the requirements of any such tax
24Act are satisfied as determined by the Department of Revenue.
25    (5) The Department shall deny without hearing any
26application for a license or renewal of a license under this

 

 

09900HB3655ham002- 47 -LRB099 08956 MLM 33822 a

1Act by a person who has defaulted on an educational loan
2guaranteed by the Illinois Student Assistance Commission;
3however, the Department may issue or renew a license if the
4person in default has established a satisfactory repayment
5record as determined by the Illinois Student Assistance
6Commission.
7    (6) All fines imposed under this Section shall be paid
8within 60 days after the effective date of the order imposing
9the fine or in accordance with the terms set forth in the order
10imposing the fine.
11(Source: P.A. 98-911, eff. 1-1-15.)
 
12    (225 ILCS 410/4-9)  (from Ch. 111, par. 1704-9)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 4-9. Practice without a license or after suspension or
15revocation thereof.
16    (a) If any person violates the provisions of this Act, the
17Secretary may, in the name of the People of the State of
18Illinois, through the Attorney General of the State of
19Illinois, petition, for an order enjoining such violation or
20for an order enforcing compliance with this Act. Upon the
21filing of a verified petition in such court, the court may
22issue a temporary restraining order, without notice or bond,
23and may preliminarily and permanently enjoin such violation,
24and if it is established that such person has violated or is
25violating the injunction, the Court may punish the offender for

 

 

09900HB3655ham002- 48 -LRB099 08956 MLM 33822 a

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

 

 

09900HB3655ham002- 49 -LRB099 08956 MLM 33822 a

1nail technician, hair braider, esthetician, eyelash extension
2application technician, or teacher thereof or of a cosmetology
3clinic teacher without a hearing, simultaneously with the
4institution of proceedings for a hearing provided for in
5Section 4-10 of this Act, if the Secretary finds that evidence
6in his possession indicates that the licensee's continuation in
7practice would constitute an imminent danger to the public. In
8the event that the Secretary suspends, temporarily, this
9license without a hearing, a hearing must be commenced within
1030 days after such suspension has occurred.
11(Source: P.A. 98-911, eff. 1-1-15.)
 
12    (225 ILCS 410/4-20)  (from Ch. 111, par. 1704-20)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 4-20. Violations; penalties. Whoever violates any of
15the following shall, for the first offense, be guilty of a
16Class B misdemeanor; for the second offense, shall be guilty of
17a Class A misdemeanor; and for all subsequent offenses, shall
18be guilty of a Class 4 felony and be fined not less than $1,000
19or more than $5,000.
20    (1) The practice of cosmetology, nail technology,
21esthetics, hair braiding, eyelash extension application, or
22barbering or an attempt to practice cosmetology, nail
23technology, esthetics, hair braiding, eyelash extension
24application, or barbering without a license as a cosmetologist,
25nail technician, esthetician, hair braider, eyelash extension

 

 

09900HB3655ham002- 50 -LRB099 08956 MLM 33822 a

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

 

 

09900HB3655ham002- 51 -LRB099 08956 MLM 33822 a

1and Sections 29-6 and 29-10 of The Election Code, as now or
2hereafter amended.
3    (b) A person convicted of a felony shall be ineligible to
4hold an office created by the Constitution of this State until
5the completion of his sentence.
6    (c) A person sentenced to imprisonment shall lose his right
7to vote until released from imprisonment.
8    (d) On completion of sentence of imprisonment or upon
9discharge from probation, conditional discharge or periodic
10imprisonment, or at any time thereafter, all license rights and
11privileges granted under the authority of this State which have
12been revoked or suspended because of conviction of an offense
13shall be restored unless the authority having jurisdiction of
14such license rights finds after investigation and hearing that
15restoration is not in the public interest. This paragraph (d)
16shall not apply to the suspension or revocation of a license to
17operate a motor vehicle under the Illinois Vehicle Code.
18    (e) Upon a person's discharge from incarceration or parole,
19or upon a person's discharge from probation or at any time
20thereafter, the committing court may enter an order certifying
21that the sentence has been satisfactorily completed when the
22court believes it would assist in the rehabilitation of the
23person and be consistent with the public welfare. Such order
24may be entered upon the motion of the defendant or the State or
25upon the court's own motion.
26    (f) Upon entry of the order, the court shall issue to the

 

 

09900HB3655ham002- 52 -LRB099 08956 MLM 33822 a

1person in whose favor the order has been entered a certificate
2stating that his behavior after conviction has warranted the
3issuance of the order.
4    (g) This Section shall not affect the right of a defendant
5to collaterally attack his conviction or to rely on it in bar
6of subsequent proceedings for the same offense.
7    (h) No application for any license specified in subsection
8(i) of this Section granted under the authority of this State
9shall be denied by reason of an eligible offender who has
10obtained a certificate of relief from disabilities, as defined
11in Article 5.5 of this Chapter, having been previously
12convicted of one or more criminal offenses, or by reason of a
13finding of lack of "good moral character" when the finding is
14based upon the fact that the applicant has previously been
15convicted of one or more criminal offenses, unless:
16        (1) there is a direct relationship between one or more
17    of the previous criminal offenses and the specific license
18    sought; or
19        (2) the issuance of the license would involve an
20    unreasonable risk to property or to the safety or welfare
21    of specific individuals or the general public.
22    In making such a determination, the licensing agency shall
23consider the following factors:
24        (1) the public policy of this State, as expressed in
25    Article 5.5 of this Chapter, to encourage the licensure and
26    employment of persons previously convicted of one or more

 

 

09900HB3655ham002- 53 -LRB099 08956 MLM 33822 a

1    criminal offenses;
2        (2) the specific duties and responsibilities
3    necessarily related to the license being sought;
4        (3) the bearing, if any, the criminal offenses or
5    offenses for which the person was previously convicted will
6    have on his or her fitness or ability to perform one or
7    more such duties and responsibilities;
8        (4) the time which has elapsed since the occurrence of
9    the criminal offense or offenses;
10        (5) the age of the person at the time of occurrence of
11    the criminal offense or offenses;
12        (6) the seriousness of the offense or offenses;
13        (7) any information produced by the person or produced
14    on his or her behalf in regard to his or her rehabilitation
15    and good conduct, including a certificate of relief from
16    disabilities issued to the applicant, which certificate
17    shall create a presumption of rehabilitation in regard to
18    the offense or offenses specified in the certificate; and
19        (8) the legitimate interest of the licensing agency in
20    protecting property, and the safety and welfare of specific
21    individuals or the general public.
22    (i) A certificate of relief from disabilities shall be
23issued only for a license or certification issued under the
24following Acts:
25        (1) the Animal Welfare Act; except that a certificate
26    of relief from disabilities may not be granted to provide

 

 

09900HB3655ham002- 54 -LRB099 08956 MLM 33822 a

1    for the issuance or restoration of a license under the
2    Animal Welfare Act for any person convicted of violating
3    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
4    Care for Animals Act or Section 26-5 or 48-1 of the
5    Criminal Code of 1961 or the Criminal Code of 2012;
6        (2) the Illinois Athletic Trainers Practice Act;
7        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
8    and Nail Technology, and Eyelash Extension Application Act
9    of 1985;
10        (4) the Boiler and Pressure Vessel Repairer Regulation
11    Act;
12        (5) the Boxing and Full-contact Martial Arts Act;
13        (6) the Illinois Certified Shorthand Reporters Act of
14    1984;
15        (7) the Illinois Farm Labor Contractor Certification
16    Act;
17        (8) the Interior Design Title Act;
18        (9) the Illinois Professional Land Surveyor Act of
19    1989;
20        (10) the Illinois Landscape Architecture Act of 1989;
21        (11) the Marriage and Family Therapy Licensing Act;
22        (12) the Private Employment Agency Act;
23        (13) the Professional Counselor and Clinical
24    Professional Counselor Licensing and Practice Act;
25        (14) the Real Estate License Act of 2000;
26        (15) the Illinois Roofing Industry Licensing Act;

 

 

09900HB3655ham002- 55 -LRB099 08956 MLM 33822 a

1        (16) the Professional Engineering Practice Act of
2    1989;
3        (17) the Water Well and Pump Installation Contractor's
4    License Act;
5        (18) the Electrologist Licensing Act;
6        (19) the Auction License Act;
7        (20) the Illinois Architecture Practice Act of 1989;
8        (21) the Dietitian Nutritionist Practice Act;
9        (22) the Environmental Health Practitioner Licensing
10    Act;
11        (23) the Funeral Directors and Embalmers Licensing
12    Code;
13        (24) the Land Sales Registration Act of 1999;
14        (25) the Professional Geologist Licensing Act;
15        (26) the Illinois Public Accounting Act; and
16        (27) the Structural Engineering Practice Act of 1989.
17(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
1897-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
191-25-13; 98-756, eff. 7-16-14.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".