State of Illinois
91st General Assembly
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Public Act 91-0863

SB1339 Enrolled                                LRB9111014LDpk

    AN ACT to amend the Barber, Cosmetology,  Esthetics,  and
Nail  Technology  Act  of 1985 by changing Sections 3-1, 3-2,
3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and 4-23.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Barber, Cosmetology, Esthetics, and  Nail
Technology  Act  of 1985 is amended by changing Sections 3-1,
3-2, 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7,  and
4-23 as follows:

    (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
    Sec.   3-1.   Cosmetology   defined.    Any  one  or  any
combination  of  the  following  practices  constitutes   the
practice of cosmetology when done for cosmetic or beautifying
purposes  and not for the treatment of disease or of muscular
or nervous disorder: arranging, braiding, dressing,  cutting,
trimming,  curling,  waving, chemical restructuring, shaping,
singeing, bleaching, coloring or similar work, upon the  hair
of  the  head; cutting or trimming facial hair of any person;
any practice of  manicuring,  pedicuring,  decorating  nails,
applying  sculptured  nails  or otherwise artificial nails by
hand  or  with  mechanical   or   electrical   apparatus   or
appliances, or in any way caring for the nails or the skin of
the  hands  or  feet  including  massaging  the  hands, arms,
elbows, feet, lower legs, and knees  of  another  person  for
other  than  the  treatment  of medical disorders therapeutic
purposes; any practice of  epilation  or  depilation  of  any
person;  any practice for the purpose of cleansing, massaging
or toning the skin  of  the  scalp;  beautifying,  massaging,
cleansing,  exfoliating the stratum corneum of the epidermis,
or stimulating the skin of the  human  body  by  the  use  of
cosmetic  preparations,  antiseptics,  body  treatments, body
wraps, the use of hydrotherapy, tonics, lotions or creams  or
any  device,  electrical  or  otherwise,  for the care of the
skin; applying make-up or eyelashes to  any  person,  tinting
eyelashes  and  eyebrows  and lightening hair on the body and
removing superfluous hair from the body of any person by  the
use   of   depilatories,   waxing   or  tweezers.   The  term
"cosmetology" does not include the services  provided  by  an
electrologist.  Nail technology is the practice and the study
of  cosmetology only to the extent of manicuring, pedicuring,
decorating, and applying sculptured or  otherwise  artificial
nails,  or  in any way caring for the nail or the skin of the
hands or feet including massaging the  hands,  arms,  elbows,
feet,  lower  legs, and knees.  Cosmetologists are prohibited
from performing any procedure that may puncture or abrade the
skin below the stratum corneum of  the  epidermis  or  remove
closed  milia  comedones (whiteheads) which may draw blood or
serous body fluid.  The term cosmetology  includes  rendering
advice  on  what  is  cosmetically  appealing,  but no person
licensed under this  Act  shall  render  advice  on  what  is
appropriate  medical  treatment  for  diseases  of  the skin.
Purveyors of cosmetics may demonstrate such cosmetic products
in conjunction with any sales  promotion  and  shall  not  be
required  to  hold a license under this Act.  Nothing in this
Act shall be construed to prohibit the shampooing of hair  by
persons  employed  for that purpose and who perform that task
under the direct supervision of a licensed  cosmetologist  or
licensed cosmetology teacher.
(Source: P.A. 89-387, eff. 1-1-96.)

    (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
    Sec. 3-2. Licensure; qualifications.
    (1)  A  person  is  qualified  to  receive a license as a
cosmetologist who has filed an application on forms  provided
by the Department, pays the required fees, and:
         a.  Is at least l6 years of age; and
         b.  Has  graduated  from  an eighth grade elementary
    school, or its equivalent; and
         c.  Has  graduated  from  a  school  of  cosmetology
    approved by the Department, having completed a  total  of
    l500  hours  in the study of cosmetology extending over a
    period of  not  less  than  8  months  nor  more  than  7
    consecutive  years.   A school of cosmetology may, at its
    discretion, consistent with  the rules of the Department,
    accept up to 500 hours of barber  school  training  at  a
    recognized  barber  school  toward  the l500 hour program
    course requirement of cosmetology.  Time  spent  in  such
    study under the laws of another state or territory of the
    United  States  or of a foreign country or province shall
    be credited  toward the period of study required  by  the
    provisions of this paragraph; and
         d.  Has  passed  an  examination  authorized  by the
    Department to determine fitness to receive a license as a
    cosmetologist. The requirements for remedial training set
    forth in Section 3-6 of this Act may be waived  in  whole
    or in part by the Department upon proof to the Department
    that  the  applicant has demonstrated competence to again
    sit for the examination.  The Department shall promulgate
    rules  establishing   the   standards   by   which   such
    determination shall be made; and
         e.  Has met any other requirements of this Act.
    (2)  If   the  applicant  applies  for  a  license  as  a
cosmetologist on September 1, 2000 or September 2, 2000,  the
Department  may  accept  a  verified  10 years of cosmetology
experience, which may include esthetics  or  nail  technology
experience,  before  July 1, 2000 in lieu of the requirements
in items c and d of subsection (1) of this Section.
(Source: P.A. 89-387, eff. 1-1-96.)
    (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
    Sec. 3-4. Licensure as cosmetology teacher or cosmetology
clinic teacher; qualifications.
    (a)  A person  is  qualified  to  receive  license  as  a
cosmetology  teacher if that person has applied in writing on
forms provided by the Department, has paid the required fees,
and:
         (1)  is at least 18 years of age;
         (2)  has  graduated  from   high   school   or   its
    equivalent;
         (3)  has a current license as a cosmetologist;
         (4)  has  either:  (i)  completed  a  program of 500
    hours  of  teacher  training  in  a  licensed  school  of
    cosmetology and had 2 years of practical experience as  a
    licensed  cosmetologist  within  5  years  preceding  the
    examination;  or  (ii) completed a program of 1,000 hours
    of teacher training in a licensed school of cosmetology;
         (5)  has passed an  examination  authorized  by  the
    Department to determine fitness to receive a license as a
    cosmetology teacher; and
         (6)  has met any other requirements of this Act.
    A  cosmetology teacher who teaches esthetics, in order to
be licensed, shall demonstrate, to the  satisfaction  of  the
Department, current skills in the use of machines used in the
practice of esthetics.
    An  individual  who  receives  a license as a cosmetology
teacher  shall  not  be  required  to  maintain   an   active
cosmetology  license  in  order  to  practice  cosmetology as
defined in this Act.
    (b)  A person is qualified to  receive  a  license  as  a
cosmetology  clinic  teacher  if  he  or  she  has applied in
writing on forms provided by the  Department,  has  paid  the
required fees, and:
         (1)  is at least 18 years of age;
         (2)  has   graduated   from   high   school  or  its
    equivalent;
         (3)  has a current license as a cosmetologist;
         (4)  has completed a program of 250 hours of  clinic
    teacher  training in a licensed school of cosmetology and
    has  2  years  of  practical  experience  as  a  licensed
    cosmetologist within 5 years preceding the examination;
         (5)  has passed an  examination  authorized  by  the
    Department to determine fitness to receive a license as a
    cosmetology teacher; and
         (6)  has met any other requirements of this Act.
(Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.)

    (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
    Sec.  3-6.  Examination.   The Department shall authorize
examinations of applicants for licensure  as  cosmetologists,
teachers  of  cosmetology  at  the  times  and  places it may
determine.  If an applicant for licensure as a  cosmetologist
fails to pass 3 examinations conducted by the Department, the
applicant  shall,  before  taking  a  subsequent examination,
furnish evidence of not less than  250  hours  of  additional
study  of  cosmetology  in  an approved school of cosmetology
since  the  applicant  last  took  the  examination.   If  an
applicant for licensure as a  cosmetology  teacher  fails  to
pass   3   examinations  conducted  by  the  Department,  the
applicant shall,  before  taking  a  subsequent  examination,
furnish  evidence  of  not  less  than 80 hours of additional
study in teaching methodology and educational  psychology  in
an  approved  school  of cosmetology since the applicant last
took the examination.  An applicant who  fails  to  pass  the
fourth   examination  shall  not  again  be  admitted  to  an
examination unless:  (i) in the  case  of  an  applicant  for
licensure  as  a cosmetologist, the applicant again takes and
completes a program total of  1500  hours  in  the  study  of
cosmetology  in  an  approved school of cosmetology extending
over a period that commences after  the  applicant  fails  to
pass  the  fourth  examination  and  that  is not less than 8
months nor more than 7 consecutive years in duration; (ii) in
the case of an  applicant  for  licensure  as  a  cosmetology
teacher,  the  applicant  again takes and completes a program
total of 1000 hours of teacher training in an approved school
of cosmetology, except that if the applicant had 2  years  of
practical experience as a licensed cosmetologist within the 5
years   preceding   the  initial  examination  taken  by  the
applicant, the applicant  must  again  take  and  complete  a
program  of  500  hours  of  teacher  training in an approved
school of cosmetology,  esthetics,  or  nail  technology;  or
(iii)  in  the  case  of  an  applicant  for  licensure  as a
cosmetology clinic teacher, the  applicant  again  takes  and
completes  a  program  total  of  250 hours of clinic teacher
training  in  a  licensed  school  of   cosmetology.     Each
cosmetology  applicant  shall  be given a written examination
testing both theoretical and practical knowledge, which shall
include, but not be limited to, questions that determine  the
applicant's  knowledge  of product chemistry, sanitary rules,
sanitary procedures, chemical service  procedures,  hazardous
chemicals and exposure minimization, knowledge of the anatomy
of  the  skin,  scalp,  and hair as they relate to applicable
services under this Act and labor and compensation laws.
    The  examination  of  applicants  for  licensure   as   a
cosmetology,   esthetics,  or  nail  technology  teacher  may
include all of the elements of the exam for  licensure  as  a
cosmetologist,  esthetician,  or  nail  technician  and  also
include  teaching  methodology,  classroom management, record
keeping, and any other related subjects that  the  Department
in  its  discretion  may  deem  necessary to insure competent
performance.
    This Act does not prohibit the practice of cosmetology by
one who has applied in writing to the Department, in form and
substance satisfactory to the Department, for a license as  a
cosmetologist,  or the teaching of cosmetology by one who has
applied in writing to the Department, in form  and  substance
satisfactory   to   the   Department,  for  a  license  as  a
cosmetology teacher or cosmetology  clinic  teacher,  if  the
person  has  complied  with all the provisions of this Act in
order to qualify for a license,  except  the  passing  of  an
examination  to be eligible to receive a license, until:  (a)
the expiration of 6 months after the filing  of  the  written
application,  (b)  the  decision  of  the Department that the
applicant has failed to pass an examination within  6  months
or  failed  without an approved excuse to take an examination
conducted within 6 months  by  the  Department,  or  (c)  the
withdrawal of the application.
    A  person  who  took  the  September 10, 1994 cosmetology
licensure examination for  the  sixth  time  and  failed  the
examination  and  failed  to  request  a  reader based upon a
documented  learning   disability   may   reapply   for   the
examination  within  6  months  of the effective date of this
amendatory Act of the 91st General Assembly without having to
complete the additional 1,500 hours of  instruction  required
under this Act.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

    (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
    Sec. 3A-1.  Esthetics and esthetician defined.
    (A)  Any  person  who for compensation, whether direct or
indirect, including tips, engages in the following  practices
engages in the practice of esthetics:
         1.   Beautifying,  massaging, cleansing, exfoliating
    the stratum corneum of the epidermis or  stimulating  the
    skin  of  the human body, except the scalp, by the use of
    cosmetic preparations, body treatments, body  wraps,  the
    use  of  hydrotherapy,  antiseptics,  tonics,  lotions or
    creams or any device, electrical or  otherwise,  for  the
    care of the skin;
         2.   Applying  make-up  or  eyelashes to any person,
    tinting eyelashes and eyebrows and lightening hair on the
    body except the scalp; and
         3.  Removing superfluous hair from the body  of  any
    person by the use of depilatories, waxing or tweezers.
    However, esthetics does not include the services provided
by   a   cosmetologist  or  electrologist.  Estheticians  are
prohibited from performing any procedure which  may  puncture
or abrade the skin below the stratum corneum of the epidermis
or  remove closed milia comedones (whiteheads) which may draw
blood or serous body  fluid.   The  term  esthetics  includes
rendering  advice  on  what is cosmetically appealing, but no
person licensed under this Act shall render advice on what is
appropriate medical treatment for diseases of the skin.
    (B)  "Esthetician" means any person who,  with  hands  or
mechanical  or  electrical  apparatus  or appliances, engages
only in the use of cosmetic  preparations,  body  treatments,
body   wraps,  hydrotherapy,  makeups,  antiseptics,  tonics,
lotions, creams or other preparations or in the  practice  of
massaging,  cleansing, exfoliating the stratum corneum of the
epidermis, stimulating, manipulating,  beautifying,  grooming
or  similar work on the face, neck, arms and hands or body in
a superficial mode, and not  for  the  treatment  of  medical
disorders therapeutic purposes.
(Source: P.A. 85-1302.)

    (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
    Sec.  3A-2. Licensure as an esthetician;  qualifications.
A person is qualified to receive  a  license  as  a  licensed
esthetician  if  that  person has applied in writing on forms
provided by the Department, paid any required fees, and:
    a.  Is at least 16 years of age; and
    b.  Has  a  certificate  of  graduation  from  a   school
providing  secondary  education, or the recognized equivalent
of such a certificate, or persons who are beyond the  age  of
compulsory school attendance; and
    c.  Has   graduated  from  a  school  of  cosmetology  or
esthetics approved by  the  Department,  having  completed  a
program  total  of  750  hours  in  the  study  of  esthetics
extending  over  a  period of not less than 18 weeks nor more
than 4 consecutive years.  Time spent in such study under the
laws of another state or territory of the United States or of
a foreign country or province shall be  credited  toward  the
period of study required by the provisions of this paragraph;
and
    d.  Has   passed   an   examination   authorized  by  the
Department to determine fitness to receive  a  license  as  a
licensed esthetician; and
    e.  Has met any other requirements of this Act and rules.
(Source: P.A. 89-387, eff. 1-1-96.)

    (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
    Sec.   3A-3.   Licensure   as   an   esthetics   teacher;
qualifications.
    (a)  A  person  is  qualified  to receive a license as an
esthetics teacher if that person has applied  in  writing  on
forms  supplied  by  the  Department, paid the required fees,
and:
         (1)   is at least 18 years of age;
         (2)   has  graduated  from  high   school   or   its
    equivalent;
         (3)   has   a   current   license   as   a  licensed
    cosmetologist or esthetician;
         (4)   has either:  (i) completed a  program  of  500
    hours  of  teacher  training  in  a  licensed  school  of
    cosmetology  or  a  licensed  esthetics  school and had 2
    years of practical experience as a licensed cosmetologist
    or esthetician within 5 years preceding the  examination;
    or  (ii)  completed  a  program  of  750 hours of teacher
    training in a licensed school of cosmetology approved  by
    the Department to teach esthetics or a licensed esthetics
    school;
         (5)   has  passed  an  examination authorized by the
    Department to determine fitness to receive a license as a
    licensed cosmetology or esthetics teacher;
         (6)   demonstrates,  to  the  satisfaction  of   the
    Department, current skills in the use of machines used in
    the practice of esthetics; and
         (7)   has  met any other requirements as required by
    this Act.
    (b)  A person is qualified to receive  a  license  as  an
esthetics  clinic  teacher  if  that  person  has  applied in
writing  on  forms  supplied  by  the  Department,  paid  the
required fees, and:
         (1)  is at least 18 years of age;
         (2)  has  graduated  from   high   school   or   its
    equivalent;
         (3)  has   a   current   license   as   a   licensed
    cosmetologist or esthetician;
         (4)  has  completed a program of 250 hours of clinic
    teacher training in  a  licensed  school  of  cosmetology
    approved  by  the  Department  to  teach  esthetics  or a
    licensed esthetics school and had 2  years  of  practical
    experience  as  a  licensed  cosmetologist or esthetician
    within 5 years preceding the examination;
         (5)  has passed an  examination  authorized  by  the
    Department to determine fitness to receive a license as a
    licensed   cosmetology   teacher  or  licensed  esthetics
    teacher;
         (6)  demonstrates,  to  the  satisfaction   of   the
    Department, current skills in the use of machines used in
    the practice of esthetics; and
         (7)  has met any other requirements required by this
    Act.
    (c)  An applicant who is issued a license as an esthetics
teacher  or  esthetics  clinic  teacher  is  not  required to
maintain an esthetics license in  order  to  practice  as  an
esthetician as defined in this Act.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

    (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
    Sec. 3A-5.  Examination.
    (a)  The   Department  shall  authorize  examinations  of
applicants for a license as  an  esthetician  or  teacher  of
esthetics  at such times and places as it may determine.  The
Department shall authorize no fewer than 4 examinations for a
license as an esthetician or a  teacher  of  esthetics  in  a
calendar year.
    If  an  applicant  neglects,  fails  without  an approved
excuse, or refuses to take  the  next  available  examination
offered  for  licensure  under  this Act, the fee paid by the
applicant shall  be  forfeited  to  the  Department  and  the
application  denied.   If  an  applicant  fails  to  pass  an
examination for licensure under this Act within 3 years after
filing  his  or  her  application,  the  application shall be
denied.  However, such applicant may thereafter  make  a  new
application for examination, accompanied by the required fee,
if  he or she meets the requirements in effect at the time of
reapplication.   If  an  applicant  for   licensure   as   an
esthetician  is  unsuccessful  at 3 examinations conducted by
the  Department,  the  applicant  shall,  before   taking   a
subsequent examination, furnish evidence of not less than 125
hours  of additional study of esthetics in an approved school
of cosmetology or esthetics since the applicant last took the
examination.  If an applicant for licensure as  an  esthetics
teacher  or  esthetics  clinic  teacher  is unsuccessful at 3
examinations  conducted  by  the  Department,  the  applicant
shall,  before  taking  a  subsequent  examination,   furnish
evidence  of  not  less  than 80 hours of additional study in
teaching methodology and educational psychology in a licensed
school of cosmetology or esthetics since the  applicant  last
took  the  examination.   An  applicant  who  fails to pass a
fourth  examination  shall  not  again  be  admitted  to   an
examination  unless  (i)  in  the  case  of  an applicant for
licensure as an esthetician, the applicant shall  again  take
and  complete  a  program  total of 750 hours in the study of
esthetics in a licensed school  of  cosmetology  approved  to
teach  esthetics  or  a school of esthetics, extending over a
period that commences after the applicant fails to  pass  the
fourth  examination  and  that  is not less than 18 weeks nor
more than 4 consecutive years in duration; (ii) in  the  case
of  an  applicant  for a license as an esthetics teacher, the
applicant shall again take and complete a  program  total  of
750  hours  of  teacher  training  in a school of cosmetology
approved to teach esthetics or a school of esthetics,  except
that  if the applicant had 2 years of practical experience as
a  licensed  cosmetologist  or  esthetician  within  5  years
preceding the initial examination taken by the applicant, the
applicant must again take and complete a program of 500 hours
of teacher training in  licensed cosmetology  or  a  licensed
esthetics  school; or (iii) in the case of an applicant for a
license as an esthetics clinic teacher, the  applicant  shall
again  take  and  complete  a  program  total of 250 hours of
clinic teacher training in a licensed school  of  cosmetology
or a licensed school of esthetics.
    (b)  Each  applicant shall be given a written examination
testing both theoretical and practical knowledge which  shall
include,  but not be limited to, questions that determine the
applicant's knowledge of:
         (1)  product chemistry;
         (2)  sanitary rules and regulations;
         (3)  sanitary procedures;
         (4)  chemical service procedures;
         (5)  knowledge of the anatomy of  the  skin,  as  it
    relates to applicable services under this Act;
         (6)  the  provisions  and  requirements of this Act;
    and
         (7)  labor and compensation laws.
    (c)  The examination of applicants for  licensure  as  an
esthetics  teacher  may include all of the above and may also
include:
         (1)  teaching methodology;
         (2)  classroom management; and
         (3)  record keeping and any other subjects that  the
    Department   may   deem  necessary  to  insure  competent
    performance.
    (d)  This Act does not prohibit the practice of esthetics
by one who has applied in writing to the Department, in  form
and  substance  satisfactory to the Department, for a license
as an esthetician, an  esthetics  teacher,  or  an  esthetics
clinic  teacher  and  has complied with all the provisions of
this Act in order  to  qualify  for  a  license,  except  the
passing  of  an  examination  to  be eligible to receive such
license certificate, until: (i) the expiration  of  6  months
after  the  filing  of  such written application, or (ii) the
decision of the Department that the applicant has  failed  to
pass  an  examination  within  6  months or failed without an
approved excuse to take an  examination  conducted  within  6
months  by  the  Department,  or  (iii) the withdrawal of the
application.
(Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.)
    (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
    Sec. 3C-1.  Definitions.   "Nail  technician"  means  any
person   who   for   compensation  manicures,  pedicures,  or
decorates nails, applies sculptured or  otherwise  artificial
nails  by  hand or with mechanical or electrical apparatus or
appliances, or in any way cares for the nails or the skin  of
the  hands  or  feet  including  massaging  the  hands, arms,
elbows, feet, lower legs, and knees  of  another  person  for
other  than  the  treatment  of medical disorders therapeutic
purposes.
    However, nail technicians are prohibited from  performing
any  procedure  that  may puncture the skin or which may draw
blood  or  serous  body  fluid.   The  term  nail  technician
includes rendering advice on what is cosmetically  appealing,
but  no person licensed under this Act shall render advice on
what is appropriate medical treatment  for  diseases  of  the
nails or skin.
    "Nail technician teacher" means an individual licensed by
the  Department  to  provide  instruction  in  the theory and
practice of nail technology to students in an  approved  nail
technology school.
    "Licensed   nail  technology  clinic  teacher"  means  an
individual  licensed  by  the  Department  to  practice  nail
technology as defined in this Act  and  to  provide  clinical
instruction in the practice of nail technology in an approved
school   of   cosmetology  or  an  approved  school  of  nail
technology.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

    (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
    Sec. 3C-3.  Licensure as a  nail  technology  teacher  or
nail technology clinic teacher; qualifications.
    (a)  A person is qualified to receive a license as a nail
technology teacher if that person has filed an application on
forms provided by the Department, paid the required fee, and:
         (1)  is at least 18 years of age;
         (2)  has   graduated   from   high   school  or  its
    equivalent;
         (3)  has a current license  as  a  cosmetologist  or
    nail technician;
         (4)  has  either:  (1)  completed  a  program of 500
    hours of teacher training in a licensed  school  of  nail
    technology  or  cosmetology, and had 2 years of practical
    experience as a nail technician; or (2) has  completed  a
    program  of  625  hours of teacher training in a licensed
    school of cosmetology approved to teach  nail  technology
    or school of nail technology; and
         (5)  who has passed an examination authorized by the
    Department to determine fitness to receive a license as a
    cosmetology or nail technology teacher.
    (b)  A person is qualified to receive a license as a nail
technology  clinic  teacher  if  that  person  has applied in
writing  on  forms  supplied  by  the  Department,  paid  the
required fees, and:
         (1)  is at least 18 years of age;
         (2)  has  graduated  from   high   school   or   its
    equivalent;
         (3)  has   a   current   license   as   a   licensed
    cosmetologist or nail technician;
         (4)  has  completed a program of 250 hours of clinic
    teacher training in a licensed school of cosmetology or a
    licensed nail  technology  school  and  had  2  years  of
    practical  experience as a licensed cosmetologist or nail
    technician within 5 years preceding the examination;
         (5)  has passed an  examination  authorized  by  the
    Department to determine fitness to receive a license as a
    licensed  cosmetology teacher or licensed nail technology
    teacher;
         (6)  demonstrates,  to  the  satisfaction   of   the
    Department, current skills in the use of machines used in
    the practice of nail technology; and
         (7)  has met any other requirements required by this
    Act.
    (c)  An  applicant  who  receives  a  license  as  a nail
technology teacher or nail technology  clinic  teacher  shall
not be required to maintain a license as a nail technician.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

    (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
    Sec.  3C-7.  Examinations;  failure  or  refusal  to take
examination.  The Department shall authorize examinations  of
applicants  for  licenses as nail technicians and teachers of
nail technology at the times and places as it may determine.
    The  Department  shall  authorize   not   less   than   4
examinations  for  licenses  as  nail  technicians,  and nail
technology teachers in a calendar year.
    If an  applicant  neglects,  fails  without  an  approved
excuse,  or  refuses  to  take the next available examination
offered for licensure under this Act, the  fee  paid  by  the
applicant  shall  be  forfeited  to  the  Department  and the
application  denied.   If  an  applicant  fails  to  pass  an
examination for licensure under this Act within 3 years after
filing an  application,  the  application  shall  be  denied.
Nevertheless,   the  applicant  may  thereafter  make  a  new
application for examination, accompanied by the required fee,
if he or she meets the requirements in effect at the time  of
reapplication.    If  an  applicant  for  licensure as a nail
technician,  nail  technology  teacher,  or  nail  technology
clinic teacher is unsuccessful at 3 examinations conducted by
the  Department,  the  applicant  shall,  before   taking   a
subsequent  examination,  furnish  evidence  of  successfully
completing  (i) for a nail technician, not less than 60 hours
of additional study of nail technology in a  licensed  school
of  cosmetology  approved  to  teach  nail technology or nail
technology and (ii) for a nail  technology  teacher  or  nail
technology   clinic  teacher,  not  less  than  80  hours  of
additional study  in  teaching  methodology  and  educational
psychology  in  an  approved  school  of  cosmetology or nail
technology since the applicant last took the examination.
    An applicant who fails the fourth examination  shall  not
again  be  admitted to an examination unless: (i) in the case
of an applicant for a  license  as  a  nail  technician,  the
applicant  again  takes and completes a total of 350 hours in
the study  of  nail  technology  in  an  approved  school  of
cosmetology  or  nail technology extending over a period that
commences after  the  applicant  fails  to  pass  the  fourth
examination and that is not less than 8 weeks nor more than 2
consecutive  years  in  duration;  or  (ii) in the case of an
applicant for licensure as a  nail  technology  teacher,  the
applicant  again  takes  and completes a program total of 625
hours  of  teacher  training  in  an   approved   school   of
cosmetology, or nail technology, except that if the applicant
had  2  years  of  practical  experience  as  a licensed nail
technician within 5 years preceding the  initial  examination
taken  by  the  applicant,  the applicant must again take and
complete a program of 500 hours  of  teacher  training  in  a
licensed   school  of  cosmetology  approved  to  teach  nail
technology, or a licensed school  of  nail  technology  or  a
program of 250 hours of clinic teacher training in a licensed
school of cosmetology.
    Each  applicant  for licensure as a nail technician shall
be given a written examination testing both  theoretical  and
practical  knowledge, which shall include, but not be limited
to, questions that determine  the  applicant's  knowledge  of
product   chemistry,  sanitary  rules,  sanitary  procedures,
hazardous chemicals and exposure minimization, this Act,  and
labor and compensation laws.
    The  examination  for  licensure  as  a  nail  technology
teacher   or  nail  technology  clinic  teacher  may  include
knowledge  of  the  subject  matter,  teaching   methodology,
classroom  management, record keeping, and any other subjects
that the Department in its discretion may deem  necessary  to
insure competent performance.
    This   Act   does  not  prohibit  the  practice  of  nail
technology by a person who has  applied  in  writing  to  the
Department,   in  form  and  substance  satisfactory  to  the
Department, for a  license  as  a  nail  technician,  or  the
teaching of nail technology by one who has applied in writing
to  the Department, in form and substance satisfactory to the
Department, for a license as a  nail  technology  teacher  or
nail  technology  clinic  teacher, if the person has complied
with all the provisions of this Act in order to qualify for a
license, except the passing of an examination to be  eligible
to  receive  a license, until: (a) the expiration of 6 months
after the filing of  the  written  application,  or  (b)  the
decision  of  the Department that the applicant has failed to
pass an examination within 6  months  or  failed  without  an
approved  excuse  to  take  an examination conducted within 6
months by the  Department,  or  (c)  the  withdrawal  of  the
application.
(Source: P.A.  89-387,  eff.  1-1-96;  89-706,  eff. 1-31-97;
90-302, eff. 8-1-97.)

    (225 ILCS 410/4-23)
    Sec. 4-23.  Penalties for  failure  to  receive  required
continuing education credits.
    (a)  In  the  first 2-year cycle in which a licensee does
not  obtain  his  or  her  continuing  education  hours,  the
Department shall place him  or  her  on  probation.   If  the
licensee  does  obtain  his or her continuing education hours
prior to his  or  her  next  renewal,  the  Department  shall
restore his or her license to good standing.
    (b)  In  the  second  consecutive 2-year cycle in which a
licensee does not obtain  his  or  her  continuing  education
hours,  he  or  she  shall be placed or continued continue on
probation, be fined, and be issued notice by  the  Department
that  license  revocation  will  occur  if he or she does not
receive the continuing education hours required prior to  his
or  her next renewal.  If the licensee does obtain his or her
continuing education hours prior to his or her next  renewal,
he  or  she  shall remain on probation but shall not be fined
pursuant to subsection (a).
    (c)  In the third consecutive 2-year  cycle  in  which  a
licensee  does  not  obtain  his  or her continuing education
hours, his or her license shall be revoked.   The  Department
shall   promulgate   rules   and  regulations  governing  the
reissuance of a license that has been revoked.   These  rules
and  regulations  shall  take  into account that the licensee
already has been licensed and received the training necessary
for such a license.
    (d)  This Section shall not apply to any person  who  has
applied for a waiver of the continuing education requirements
under Section 3-7, 3A-6, or 3C-8 of this Act.
(Source: P.A. 89-706, eff. 1-31-97.)

    Section  99.   Effective  date.  This Act takes effect on
July 1, 2000.

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