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91_HB1157eng
HB1157 Engrossed LRB9103256LDks
1 AN ACT to amend the Barber, Cosmetology, Esthetics, and
2 Nail Technology Act of 1985 by changing Sections 3-2, 3-4,
3 3-6, 3A-2, 3A-3, 3A-5, 3C-3, and 3C-7.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Barber, Cosmetology, Esthetics, and Nail
7 Technology Act of 1985 is amended by changing Sections 3-2,
8 3-4, 3-6, 3A-2, 3A-3, 3A-5, 3C-3, and 3C-7 as follows:
9 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
10 Sec. 3-2. Licensure; qualifications. A person is
11 qualified to receive a license as a cosmetologist who has
12 filed an application on forms provided by the Department,
13 pays the required fees, and:
14 a. Is at least l6 years of age; and
15 b. Has graduated from an eighth grade elementary school,
16 or its equivalent; and
17 c. Has graduated from a school of cosmetology approved
18 by the Department, having completed a program total of l500
19 hours in the study of cosmetology extending over a period of
20 not less than 8 months nor more than 7 consecutive years. A
21 school of cosmetology may, at its discretion, consistent with
22 the rules of the Department, accept up to 500 hours of barber
23 school training at a recognized barber school toward the l500
24 hour program course requirement of cosmetology. Time spent in
25 such study under the laws of another state or territory of
26 the United States or of a foreign country or province shall
27 be credited toward the period of study required by the
28 provisions of this paragraph; and
29 d. Has passed an examination authorized by the
30 Department to determine fitness to receive a license as a
31 cosmetologist. The requirements for remedial training set
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1 forth in Section 3-6 of this Act may be waived in whole or in
2 part by the Department upon proof to the Department that the
3 applicant has demonstrated competence to again sit for the
4 examination. The Department shall promulgate rules
5 establishing the standards by which such determination shall
6 be made; and
7 e. Has met any other requirements of this Act.
8 (Source: P.A. 89-387, eff. 1-1-96.)
9 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
10 Sec. 3-4. Licensure as cosmetology teacher or cosmetology
11 clinic teacher; qualifications.
12 (a) A person is qualified to receive license as a
13 cosmetology teacher if that person has applied in writing on
14 forms provided by the Department, has paid the required fees,
15 and:
16 (1) is at least 18 years of age;
17 (2) has graduated from high school or its
18 equivalent;
19 (3) has a current license as a cosmetologist;
20 (4) has either: (i) completed a program of 500
21 hours of teacher training in a licensed school of
22 cosmetology and had 2 years of practical experience as a
23 licensed cosmetologist within 5 years preceding the
24 examination; or (ii) completed a program of 1,000 1000
25 hours of teacher training in a licensed school of
26 cosmetology; and
27 (5) has passed an examination authorized by the
28 Department to determine fitness to receive a license as a
29 cosmetology teacher; and
30 (6) has met any other requirements of this Act.
31 A cosmetology teacher who teaches esthetics, in order to
32 be licensed, shall demonstrate, to the satisfaction of the
33 Department, current skills in the use of machines used in the
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1 practice of esthetics.
2 An individual who receives a license as a cosmetology
3 teacher shall not be required to maintain an active
4 cosmetology license in order to practice cosmetology as
5 defined in this Act.
6 (b) A person is qualified to receive a license as a
7 cosmetology clinic teacher if he or she has applied in
8 writing on forms provided by the Department, has paid the
9 required fees, and:
10 (1) is at least 18 years of age;
11 (2) has graduated from high school or its
12 equivalent;
13 (3) has a current license as a cosmetologist;
14 (4) has completed a program of 250 hours of clinic
15 teacher training in a licensed school of cosmetology and
16 has 2 years of practical experience as a licensed
17 cosmetologist within 5 years preceding the examination;
18 (5) has passed an examination authorized by the
19 Department to determine fitness to receive a license as a
20 cosmetology teacher; and
21 (6) has met any other requirements of this Act.
22 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97;
23 revised 10-31-98.)
24 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
25 Sec. 3-6. Examination. The Department shall authorize
26 examinations of applicants for licensure as cosmetologists,
27 teachers of cosmetology at the times and places it may
28 determine. If an applicant for licensure as a cosmetologist
29 fails to pass 3 examinations conducted by the Department, the
30 applicant shall, before taking a subsequent examination,
31 furnish evidence of not less than 250 hours of additional
32 study of cosmetology in an approved school of cosmetology
33 since the applicant last took the examination. If an
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1 applicant for licensure as a cosmetology teacher fails to
2 pass 3 examinations conducted by the Department, the
3 applicant shall, before taking a subsequent examination,
4 furnish evidence of not less than 80 hours of additional
5 study in teaching methodology and educational psychology in
6 an approved school of cosmetology since the applicant last
7 took the examination. An applicant who fails to pass the
8 fourth examination shall not again be admitted to an
9 examination unless: (i) in the case of an applicant for
10 licensure as a cosmetologist, the applicant again takes and
11 completes a program total of 1500 hours in the study of
12 cosmetology in an approved school of cosmetology extending
13 over a period that commences after the applicant fails to
14 pass the fourth examination and that is not less than 8
15 months nor more than 7 consecutive years in duration; (ii) in
16 the case of an applicant for licensure as a cosmetology
17 teacher, the applicant again takes and completes a program
18 total of 1000 hours of teacher training in an approved school
19 of cosmetology, except that if the applicant had 2 years of
20 practical experience as a licensed cosmetologist within the 5
21 years preceding the initial examination taken by the
22 applicant, the applicant must again take and complete a
23 program of 500 hours of teacher training in an approved
24 school of cosmetology, esthetics, or nail technology; or
25 (iii) in the case of an applicant for licensure as a
26 cosmetology clinic teacher, the applicant again takes and
27 completes a program total of 250 hours of clinic teacher
28 training in a licensed school of cosmetology. Each
29 cosmetology applicant shall be given a written examination
30 testing both theoretical and practical knowledge, which shall
31 include, but not be limited to, questions that determine the
32 applicant's knowledge of product chemistry, sanitary rules,
33 sanitary procedures, chemical service procedures, hazardous
34 chemicals and exposure minimization, knowledge of the anatomy
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1 of the skin, scalp, and hair as they relate to applicable
2 services under this Act and labor and compensation laws.
3 The examination of applicants for licensure as a
4 cosmetology, esthetics, or nail technology teacher may
5 include all of the elements of the exam for licensure as a
6 cosmetologist, esthetician, or nail technician and also
7 include teaching methodology, classroom management, record
8 keeping, and any other related subjects that the Department
9 in its discretion may deem necessary to insure competent
10 performance.
11 This Act does not prohibit the practice of cosmetology by
12 one who has applied in writing to the Department, in form and
13 substance satisfactory to the Department, for a license as a
14 cosmetologist, or the teaching of cosmetology by one who has
15 applied in writing to the Department, in form and substance
16 satisfactory to the Department, for a license as a
17 cosmetology teacher or cosmetology clinic teacher, if the
18 person has complied with all the provisions of this Act in
19 order to qualify for a license, except the passing of an
20 examination to be eligible to receive a license, until: (a)
21 the expiration of 6 months after the filing of the written
22 application, (b) the decision of the Department that the
23 applicant has failed to pass an examination within 6 months
24 or failed without an approved excuse to take an examination
25 conducted within 6 months by the Department, or (c) the
26 withdrawal of the application.
27 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
28 (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
29 Sec. 3A-2. Licensure as an esthetician; qualifications.
30 A person is qualified to receive a license as a licensed
31 esthetician if that person has applied in writing on forms
32 provided by the Department, paid any required fees, and:
33 a. Is at least 16 years of age; and
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1 b. Has a certificate of graduation from a school
2 providing secondary education, or the recognized equivalent
3 of such a certificate, or persons who are beyond the age of
4 compulsory school attendance; and
5 c. Has graduated from a school of cosmetology or
6 esthetics approved by the Department, having completed a
7 program total of 750 hours in the study of esthetics
8 extending over a period of not less than 18 weeks nor more
9 than 4 consecutive years. Time spent in such study under the
10 laws of another state or territory of the United States or of
11 a foreign country or province shall be credited toward the
12 period of study required by the provisions of this paragraph;
13 and
14 d. Has passed an examination authorized by the
15 Department to determine fitness to receive a license as a
16 licensed esthetician; and
17 e. Has met any other requirements of this Act and rules.
18 (Source: P.A. 89-387, eff. 1-1-96.)
19 (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
20 Sec. 3A-3. Licensure as an esthetics teacher;
21 qualifications.
22 (a) A person is qualified to receive a license as an
23 esthetics teacher if that person has applied in writing on
24 forms supplied by the Department, paid the required fees,
25 and:
26 (1) is at least 18 years of age;
27 (2) has graduated from high school or its
28 equivalent;
29 (3) has a current license as a licensed
30 cosmetologist or esthetician;
31 (4) has either: (i) completed a program of 500
32 hours of teacher training in a licensed school of
33 cosmetology or a licensed esthetics school and had 2
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1 years of practical experience as a licensed cosmetologist
2 or esthetician within 5 years preceding the examination;
3 or (ii) completed a program of 750 hours of teacher
4 training in a licensed school of cosmetology approved by
5 the Department to teach esthetics or a licensed esthetics
6 school;
7 (5) has passed an examination authorized by the
8 Department to determine fitness to receive a license as a
9 licensed cosmetology or esthetics teacher;
10 (6) demonstrates, to the satisfaction of the
11 Department, current skills in the use of machines used in
12 the practice of esthetics; and
13 (7) has met any other requirements as required by
14 this Act.
15 (b) A person is qualified to receive a license as an
16 esthetics clinic teacher if that person has applied in
17 writing on forms supplied by the Department, paid the
18 required fees, and:
19 (1) is at least 18 years of age;
20 (2) has graduated from high school or its
21 equivalent;
22 (3) has a current license as a licensed
23 cosmetologist or esthetician;
24 (4) has completed a program of 250 hours of clinic
25 teacher training in a licensed school of cosmetology
26 approved by the Department to teach esthetics or a
27 licensed esthetics school and had 2 years of practical
28 experience as a licensed cosmetologist or esthetician
29 within 5 years preceding the examination;
30 (5) has passed an examination authorized by the
31 Department to determine fitness to receive a license as a
32 licensed cosmetology teacher or licensed esthetics
33 teacher;
34 (6) demonstrates, to the satisfaction of the
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1 Department, current skills in the use of machines used in
2 the practice of esthetics; and
3 (7) has met any other requirements required by this
4 Act.
5 (c) An applicant who is issued a license as an esthetics
6 teacher or esthetics clinic teacher is not required to
7 maintain an esthetics license in order to practice as an
8 esthetician as defined in this Act.
9 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
10 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
11 Sec. 3A-5. Examination.
12 (a) The Department shall authorize examinations of
13 applicants for a license licenses as an esthetician or
14 teacher estheticians, teachers of esthetics at such times and
15 places as it may determine. The Department shall authorize
16 no fewer not less than 4 examinations for a license as an
17 esthetician or a teacher of estheticians, esthetics teachers
18 in a calendar year.
19 If an applicant neglects, fails without an approved
20 excuse, or refuses to take the next available examination
21 offered for licensure under this Act, the fee paid by the
22 applicant shall be forfeited to the Department and the
23 application denied. If an applicant fails to pass an
24 examination for licensure under this Act within 3 years after
25 filing his or her application, the application shall be
26 denied. However, such applicant may thereafter make a new
27 application for examination, accompanied by the required fee,
28 if he or she meets the requirements in effect at the time of
29 reapplication. If an applicant for licensure as an
30 esthetician is unsuccessful at 3 examinations conducted by
31 the Department, the applicant shall, before taking a
32 subsequent examination, furnish evidence of not less than 125
33 hours of additional study of esthetics in an approved school
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1 of cosmetology or esthetics since the applicant last took the
2 examination. If an applicant for licensure as an esthetics
3 teacher or esthetics clinic teacher is unsuccessful at 3
4 examinations conducted by the Department, the applicant
5 shall, before taking a subsequent examination, furnish
6 evidence of not less than 80 hours of additional study in
7 teaching methodology and educational psychology in a licensed
8 school of cosmetology or esthetics since the applicant last
9 took the examination. An applicant who fails to pass a
10 fourth examination shall not again be admitted to an
11 examination unless (i) in the case of an applicant for
12 licensure as an esthetician, the applicant shall again take
13 and complete a program total of 750 hours in the study of
14 esthetics in a licensed school of cosmetology approved to
15 teach esthetics or a school of esthetics, extending over a
16 period that commences after the applicant fails to pass the
17 fourth examination and that is not less than 18 weeks nor
18 more than 4 consecutive years in duration; (ii) in the case
19 of an applicant for a license as an esthetics teacher, the
20 applicant shall again take and complete a program total of
21 750 hours of teacher training in a school of cosmetology
22 approved to teach esthetics or a school of esthetics, except
23 that if the applicant had 2 years of practical experience as
24 a licensed cosmetologist or esthetician within 5 years
25 preceding the initial examination taken by the applicant, the
26 applicant must again take and complete a program of 500 hours
27 of teacher training in licensed cosmetology or a licensed
28 esthetics school; or (iii) in the case of an applicant for a
29 license as an esthetics clinic teacher, the applicant shall
30 again take and complete a program total of 250 hours of
31 clinic teacher training in a licensed school of cosmetology
32 or a licensed school of esthetics.
33 (b) Each applicant shall be given a written examination
34 testing both theoretical and practical knowledge which shall
HB1157 Engrossed -10- LRB9103256LDks
1 include, but not be limited to, questions that determine the
2 applicant's knowledge of:
3 (1) product chemistry;
4 (2) sanitary rules and regulations;
5 (3) sanitary procedures;
6 (4) chemical service procedures;
7 (5) knowledge of the anatomy of the skin, as it
8 relates to applicable services under this Act;
9 (6) the provisions and requirements of this Act;
10 and
11 (7) labor and compensation laws.
12 (c) The examination of applicants for licensure as an
13 esthetics teacher may include all of the above and may also
14 include:
15 (1) teaching methodology;
16 (2) classroom management; and
17 (3) record keeping and any other subjects that the
18 Department may deem necessary to insure competent
19 performance.
20 (d) This Act does not prohibit the practice of esthetics
21 by one who has applied in writing to the Department, in form
22 and substance satisfactory to the Department, for a license
23 as an esthetician, an esthetics teacher, or an esthetics
24 clinic teacher and has complied with all the provisions of
25 this Act in order to qualify for a license, except the
26 passing of an examination to be eligible to receive such
27 license certificate, until: (i) the expiration of 6 months
28 after the filing of such written application, or (ii) the
29 decision of the Department that the applicant has failed to
30 pass an examination within 6 months or failed without an
31 approved excuse to take an examination conducted within 6
32 months by the Department, or (iii) the withdrawal of the
33 application.
34 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97;
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1 revised 2-24-98.)
2 (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
3 Sec. 3C-3. Licensure as a nail technology teacher or
4 nail technology clinic teacher; qualifications.
5 (a) A person is qualified to receive a license as a nail
6 technology teacher if that person has filed an application on
7 forms provided by the Department, paid the required fee, and:
8 (1) is at least 18 years of age;
9 (2) has graduated from high school or its
10 equivalent;
11 (3) has a current license as a cosmetologist or
12 nail technician;
13 (4) has either: (1) completed a program of 500
14 hours of teacher training in a licensed school of nail
15 technology or cosmetology, and had 2 years of practical
16 experience as a nail technician; or (2) has completed a
17 program of 625 hours of teacher training in a licensed
18 school of cosmetology approved to teach nail technology
19 or school of nail technology; and
20 (5) who has passed an examination authorized by the
21 Department to determine fitness to receive a license as a
22 cosmetology or nail technology teacher.
23 (b) A person is qualified to receive a license as a nail
24 technology clinic teacher if that person has applied in
25 writing on forms supplied by the Department, paid the
26 required fees, and:
27 (1) is at least 18 years of age;
28 (2) has graduated from high school or its
29 equivalent;
30 (3) has a current license as a licensed
31 cosmetologist or nail technician;
32 (4) has completed a program of 250 hours of clinic
33 teacher training in a licensed school of cosmetology or a
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1 licensed nail technology school and had 2 years of
2 practical experience as a licensed cosmetologist or nail
3 technician within 5 years preceding the examination;
4 (5) has passed an examination authorized by the
5 Department to determine fitness to receive a license as a
6 licensed cosmetology teacher or licensed nail technology
7 teacher;
8 (6) demonstrates, to the satisfaction of the
9 Department, current skills in the use of machines used in
10 the practice of nail technology; and
11 (7) has met any other requirements required by this
12 Act.
13 (c) An applicant who receives a license as a nail
14 technology teacher or nail technology clinic teacher shall
15 not be required to maintain a license as a nail technician.
16 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
17 (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
18 Sec. 3C-7. Examinations; failure or refusal to take
19 examination. The Department shall authorize examinations of
20 applicants for licenses as nail technicians and teachers of
21 nail technology at the times and places as it may determine.
22 The Department shall authorize not less than 4
23 examinations for licenses as nail technicians, and nail
24 technology teachers in a calendar year.
25 If an applicant neglects, fails without an approved
26 excuse, or refuses to take the next available examination
27 offered for licensure under this Act, the fee paid by the
28 applicant shall be forfeited to the Department and the
29 application denied. If an applicant fails to pass an
30 examination for licensure under this Act within 3 years after
31 filing an application, the application shall be denied.
32 Nevertheless, the applicant may thereafter make a new
33 application for examination, accompanied by the required fee,
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1 if he or she meets the requirements in effect at the time of
2 reapplication. If an applicant for licensure as a nail
3 technician, nail technology teacher, or nail technology
4 clinic teacher is unsuccessful at 3 examinations conducted by
5 the Department, the applicant shall, before taking a
6 subsequent examination, furnish evidence of successfully
7 completing (i) for a nail technician, not less than 60 hours
8 of additional study of nail technology in a licensed school
9 of cosmetology approved to teach nail technology or nail
10 technology and (ii) for a nail technology teacher or nail
11 technology clinic teacher, not less than 80 hours of
12 additional study in teaching methodology and educational
13 psychology in an approved school of cosmetology or nail
14 technology since the applicant last took the examination.
15 An applicant who fails the fourth examination shall not
16 again be admitted to an examination unless: (i) in the case
17 of an applicant for a license as a nail technician, the
18 applicant again takes and completes a total of 350 hours in
19 the study of nail technology in an approved school of
20 cosmetology or nail technology extending over a period that
21 commences after the applicant fails to pass the fourth
22 examination and that is not less than 8 weeks nor more than 2
23 consecutive years in duration; or (ii) in the case of an
24 applicant for licensure as a nail technology teacher, the
25 applicant again takes and completes a program total of 625
26 hours of teacher training in an approved school of
27 cosmetology, or nail technology, except that if the applicant
28 had 2 years of practical experience as a licensed nail
29 technician within 5 years preceding the initial examination
30 taken by the applicant, the applicant must again take and
31 complete a program of 500 hours of teacher training in a
32 licensed school of cosmetology approved to teach nail
33 technology, or a licensed school of nail technology or a
34 program of 250 hours of clinic teacher training in a licensed
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1 school of cosmetology.
2 Each applicant for licensure as a nail technician shall
3 be given a written examination testing both theoretical and
4 practical knowledge, which shall include, but not be limited
5 to, questions that determine the applicant's knowledge of
6 product chemistry, sanitary rules, sanitary procedures,
7 hazardous chemicals and exposure minimization, this Act, and
8 labor and compensation laws.
9 The examination for licensure as a nail technology
10 teacher or nail technology clinic teacher may include
11 knowledge of the subject matter, teaching methodology,
12 classroom management, record keeping, and any other subjects
13 that the Department in its discretion may deem necessary to
14 insure competent performance.
15 This Act does not prohibit the practice of nail
16 technology by a person who has applied in writing to the
17 Department, in form and substance satisfactory to the
18 Department, for a license as a nail technician, or the
19 teaching of nail technology by one who has applied in writing
20 to the Department, in form and substance satisfactory to the
21 Department, for a license as a nail technology teacher or
22 nail technology clinic teacher, if the person has complied
23 with all the provisions of this Act in order to qualify for a
24 license, except the passing of an examination to be eligible
25 to receive a license, until: (a) the expiration of 6 months
26 after the filing of the written application, or (b) the
27 decision of the Department that the applicant has failed to
28 pass an examination within 6 months or failed without an
29 approved excuse to take an examination conducted within 6
30 months by the Department, or (c) the withdrawal of the
31 application.
32 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
33 90-302, eff. 8-1-97.)
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