(225 ILCS 410/4-1)
(Section scheduled to be repealed on January 1, 2026)
Powers and duties of Department.
The Department shall
exercise, subject to the provisions of this Act, the following functions,
powers and duties:
(1) To cause to be conducted examinations to
ascertain the qualifications and fitness of applicants for licensure as cosmetologists, estheticians, nail technicians, hair braiders, or barbers and as cosmetology, esthetics, nail technology, hair braiding, or barber teachers.
(2) To determine the qualifications for licensure as
(i) a cosmetologist, esthetician, nail technician, hair braider, or barber, or (ii) a cosmetology, esthetics, nail technology, hair braiding, or barber teacher, or (iii) a cosmetology clinic teacher for persons currently holding similar licenses outside the State of Illinois or the continental U.S.
(3) To prescribe rules for:
(i) The method of examination of candidates for
licensure as a cosmetologist, esthetician, nail technician, hair braider, or barber or cosmetology, esthetics, nail technology, hair braiding, or barber teacher.
(ii) Minimum standards as to what constitutes an
approved cosmetology, esthetics, nail technology, hair braiding, or barber school.
(4) To conduct investigations or hearings on
proceedings to determine disciplinary action.
(5) To prescribe reasonable rules governing the
sanitary regulation and inspection of cosmetology, esthetics, nail technology, hair braiding, or barber schools, salons, or shops.
(6) To prescribe reasonable rules for the method of
renewal for each license as a cosmetologist, esthetician, nail technician, hair braider, or barber or cosmetology, esthetics, nail technology, hair braiding, or barber teacher or cosmetology clinic teacher.
(7) To prescribe reasonable rules for the method of
registration, the issuance, fees, renewal and discipline of a certificate of registration for the ownership or operation of cosmetology, esthetics, hair braiding, and nail technology salons and barber shops.
(8) To adopt rules concerning sanitation
requirements, requirements for education on sanitation, and any other health concerns associated with threading.
(Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15
(225 ILCS 410/4-6.1)
(a) When reviewing a conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant, the Department may only deny a license based upon consideration of mitigating factors provided in subsection (c) of this Section for a felony directly related to the practice of cosmetology, esthetics, hair braiding, nail technology, and barbering.
(b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of cosmetology, esthetics, hair braiding, nail technology, and barbering:
(1) first degree murder;
(2) second degree murder;
(3) drug induced homicide;
(4) unlawful restraint;
(5) aggravated unlawful restraint;
(6) forcible detention;
(7) involuntary servitude;
(8) involuntary sexual servitude of a minor;
(9) predatory criminal sexual assault of a child;
(10) aggravated criminal sexual assault;
(11) criminal sexual assault;
(12) criminal sexual abuse;
(13) aggravated kidnaping;
(14) aggravated robbery;
(15) armed robbery;
(17) aggravated battery;
(18) aggravated vehicular hijacking;
(20) causing a catastrophe;
(21) possession of a deadly substance;
(22) making a terrorist threat;
(23) material support for terrorism;
(24) hindering prosecution of terrorism;
(25) armed violence;
(26) any felony based on consumer fraud or deceptive
business practices under the Consumer Fraud and Deceptive Business Practices Act;
(27) any felony requiring registration as a sex
offender under the Sex Offender Registration Act;
(28) attempt of any the offenses set forth in
paragraphs (1) through (27) of this subsection (b); and
(29) convictions set forth in Section 4-20 of this
(c) The Department shall consider any mitigating factors contained in the record, when determining the appropriate disciplinary sanction, if any, to be imposed. In addition to those set forth in Section 2105-130 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, mitigating factors shall include the following:
(1) the bearing, if any, the criminal offense or
offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;
(2) the time that has elapsed since the criminal
(3) the age of the person at the time of the criminal
(d) The Department shall issue an annual report by January 31, 2018 and by January 31 each year thereafter, indicating the following:
(1) the number of initial applicants for a license
under this Act within the preceding calendar year;
(2) the number of initial applicants for a license
under this Act within the previous calendar year who had a conviction;
(3) the number of applicants with a conviction who
were granted a license under this Act within the previous year;
(4) the number of applicants denied a license under
this Act within the preceding calendar year; and
(5) the number of applicants denied a license under
this Act solely on the basis of a conviction within the preceding calendar year.
(e) Nothing in this Section shall prevent the Department taking disciplinary or non-disciplinary action against a license as set forth in paragraph (2) of subsection (1) of Section 4-7 of this Act.
(Source: P.A. 99-876, eff. 1-1-17
(225 ILCS 410/4-7)
(from Ch. 111, par. 1704-7)
(Section scheduled to be repealed on January 1, 2026)
Refusal, suspension and revocation of licenses; causes;
(1) The Department may refuse to issue or renew, and
may suspend, revoke, place on probation, reprimand or take any other
disciplinary or non-disciplinary action as the Department may deem proper, including civil
penalties not to exceed $500 for each violation, with regard to any
license for any one, or any combination, of
a. For licensees, conviction of any crime under the
laws of the United States or any state or territory thereof that is (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) a crime which is related to the practice of the profession and, for initial applicants, convictions set forth in Section 4-6.1 of this Act.
b. Conviction of any of the violations listed in
c. Material misstatement in furnishing information to
d. Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act or its rules.
e. Aiding or assisting another person in violating
any provision of this Act or its rules.
f. Failing, within 60 days, to provide information in
response to a written request made by the Department.
g. Discipline by another state, territory, or country
if at least one of the grounds for the discipline is the same as or substantially equivalent to those set forth in this Act.
h. Practice in the barber, nail technology,
esthetics, hair braiding, or cosmetology profession, or an attempt to practice in those professions, by fraudulent misrepresentation.
i. Gross malpractice or gross incompetency.
j. Continued practice by a person knowingly having an
infectious or contagious disease.
k. Solicitation of professional services by using
false or misleading advertising.
l. A finding by the Department that the licensee,
after having his or her license placed on probationary status, has violated the terms of probation.
m. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered.
n. Violating any of the provisions of this Act or
rules adopted pursuant to this Act.
o. Willfully making or filing false records or
reports relating to a licensee's practice, including but not limited to, false records filed with State agencies or departments.
p. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill or safety.
q. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive, defraud, or harm the public as may be defined by rules of the Department, or violating the rules of professional conduct which may be adopted by the Department.
r. Permitting any person to use for any unlawful or
fraudulent purpose one's diploma or license or certificate of registration as a cosmetologist, nail technician, esthetician, hair braider, or barber or cosmetology, nail technology, esthetics, hair braiding, or barber teacher or salon or shop or cosmetology clinic teacher.
s. Being named as a perpetrator in an indicated
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
t. Operating a salon or shop without a valid
u. Failure to complete required continuing education
(2) In rendering an order, the Secretary shall take into
consideration the facts and circumstances involving the type of acts
or omissions in paragraph (1) of this Section including, but not limited to:
(a) the extent to which public confidence in the
cosmetology, nail technology, esthetics, hair braiding, or barbering profession was, might have been, or may be, injured;
(b) the degree of trust and dependence among the
(c) the character and degree of harm which did result
(d) the intent or mental state of the licensee at the
time of the acts or omissions.
(3) The Department may reissue the license or registration upon
certification by the Board that the disciplined licensee or registrant
has complied with all of the terms and conditions set forth in the final
order or has been sufficiently rehabilitated to warrant the public trust.
(4) The Department shall refuse to issue or renew or suspend without hearing the license or
certificate of registration
of any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied as determined by the Department of Revenue.
(5) The Department shall deny without hearing any application for a
license or renewal of a license under this Act by a person who has defaulted on
an educational loan guaranteed by the Illinois Student Assistance Commission;
however, the Department may issue or renew a license if the person in default
has established a satisfactory repayment record as determined by the Illinois
Student Assistance Commission.
(6) All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15; 99-876, eff. 1-1-17