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91_SB1339enr
SB1339 Enrolled LRB9111014LDpk
1 AN ACT to amend the Barber, Cosmetology, Esthetics, and
2 Nail Technology Act of 1985 by changing Sections 3-1, 3-2,
3 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and 4-23.
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 3-1,
8 3-2, 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and
9 4-23 as follows:
10 (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
11 Sec. 3-1. Cosmetology defined. Any one or any
12 combination of the following practices constitutes the
13 practice of cosmetology when done for cosmetic or beautifying
14 purposes and not for the treatment of disease or of muscular
15 or nervous disorder: arranging, braiding, dressing, cutting,
16 trimming, curling, waving, chemical restructuring, shaping,
17 singeing, bleaching, coloring or similar work, upon the hair
18 of the head; cutting or trimming facial hair of any person;
19 any practice of manicuring, pedicuring, decorating nails,
20 applying sculptured nails or otherwise artificial nails by
21 hand or with mechanical or electrical apparatus or
22 appliances, or in any way caring for the nails or the skin of
23 the hands or feet including massaging the hands, arms,
24 elbows, feet, lower legs, and knees of another person for
25 other than the treatment of medical disorders therapeutic
26 purposes; any practice of epilation or depilation of any
27 person; any practice for the purpose of cleansing, massaging
28 or toning the skin of the scalp; beautifying, massaging,
29 cleansing, exfoliating the stratum corneum of the epidermis,
30 or stimulating the skin of the human body by the use of
31 cosmetic preparations, antiseptics, body treatments, body
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1 wraps, the use of hydrotherapy, tonics, lotions or creams or
2 any device, electrical or otherwise, for the care of the
3 skin; applying make-up or eyelashes to any person, tinting
4 eyelashes and eyebrows and lightening hair on the body and
5 removing superfluous hair from the body of any person by the
6 use of depilatories, waxing or tweezers. The term
7 "cosmetology" does not include the services provided by an
8 electrologist. Nail technology is the practice and the study
9 of cosmetology only to the extent of manicuring, pedicuring,
10 decorating, and applying sculptured or otherwise artificial
11 nails, or in any way caring for the nail or the skin of the
12 hands or feet including massaging the hands, arms, elbows,
13 feet, lower legs, and knees. Cosmetologists are prohibited
14 from performing any procedure that may puncture or abrade the
15 skin below the stratum corneum of the epidermis or remove
16 closed milia comedones (whiteheads) which may draw blood or
17 serous body fluid. The term cosmetology includes rendering
18 advice on what is cosmetically appealing, but no person
19 licensed under this Act shall render advice on what is
20 appropriate medical treatment for diseases of the skin.
21 Purveyors of cosmetics may demonstrate such cosmetic products
22 in conjunction with any sales promotion and shall not be
23 required to hold a license under this Act. Nothing in this
24 Act shall be construed to prohibit the shampooing of hair by
25 persons employed for that purpose and who perform that task
26 under the direct supervision of a licensed cosmetologist or
27 licensed cosmetology teacher.
28 (Source: P.A. 89-387, eff. 1-1-96.)
29 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
30 Sec. 3-2. Licensure; qualifications.
31 (1) A person is qualified to receive a license as a
32 cosmetologist who has filed an application on forms provided
33 by the Department, pays the required fees, and:
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1 a. Is at least l6 years of age; and
2 b. Has graduated from an eighth grade elementary
3 school, or its equivalent; and
4 c. Has graduated from a school of cosmetology
5 approved by the Department, having completed a total of
6 l500 hours in the study of cosmetology extending over a
7 period of not less than 8 months nor more than 7
8 consecutive years. A school of cosmetology may, at its
9 discretion, consistent with the rules of the Department,
10 accept up to 500 hours of barber school training at a
11 recognized barber school toward the l500 hour program
12 course requirement of cosmetology. Time spent in such
13 study under the laws of another state or territory of the
14 United States or of a foreign country or province shall
15 be credited toward the period of study required by the
16 provisions of this paragraph; and
17 d. Has passed an examination authorized by the
18 Department to determine fitness to receive a license as a
19 cosmetologist. The requirements for remedial training set
20 forth in Section 3-6 of this Act may be waived in whole
21 or in part by the Department upon proof to the Department
22 that the applicant has demonstrated competence to again
23 sit for the examination. The Department shall promulgate
24 rules establishing the standards by which such
25 determination shall be made; and
26 e. Has met any other requirements of this Act.
27 (2) If the applicant applies for a license as a
28 cosmetologist on September 1, 2000 or September 2, 2000, the
29 Department may accept a verified 10 years of cosmetology
30 experience, which may include esthetics or nail technology
31 experience, before July 1, 2000 in lieu of the requirements
32 in items c and d of subsection (1) of this Section.
33 (Source: P.A. 89-387, eff. 1-1-96.)
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1 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
2 Sec. 3-4. Licensure as cosmetology teacher or cosmetology
3 clinic teacher; qualifications.
4 (a) A person is qualified to receive license as a
5 cosmetology teacher if that person has applied in writing on
6 forms provided by the Department, has paid the required fees,
7 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;
12 (4) has either: (i) completed a program of 500
13 hours of teacher training in a licensed school of
14 cosmetology and had 2 years of practical experience as a
15 licensed cosmetologist within 5 years preceding the
16 examination; or (ii) completed a program of 1,000 hours
17 of teacher training in a licensed school of cosmetology;
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 A cosmetology teacher who teaches esthetics, in order to
23 be licensed, shall demonstrate, to the satisfaction of the
24 Department, current skills in the use of machines used in the
25 practice of esthetics.
26 An individual who receives a license as a cosmetology
27 teacher shall not be required to maintain an active
28 cosmetology license in order to practice cosmetology as
29 defined in this Act.
30 (b) A person is qualified to receive a license as a
31 cosmetology clinic teacher if he or she has applied in
32 writing on forms provided by the Department, has paid the
33 required fees, and:
34 (1) is at least 18 years of age;
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1 (2) has graduated from high school or its
2 equivalent;
3 (3) has a current license as a cosmetologist;
4 (4) has completed a program of 250 hours of clinic
5 teacher training in a licensed school of cosmetology and
6 has 2 years of practical experience as a licensed
7 cosmetologist within 5 years preceding the examination;
8 (5) has passed an examination authorized by the
9 Department to determine fitness to receive a license as a
10 cosmetology teacher; and
11 (6) has met any other requirements of this Act.
12 (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.)
13 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
14 Sec. 3-6. Examination. The Department shall authorize
15 examinations of applicants for licensure as cosmetologists,
16 teachers of cosmetology at the times and places it may
17 determine. If an applicant for licensure as a cosmetologist
18 fails to pass 3 examinations conducted by the Department, the
19 applicant shall, before taking a subsequent examination,
20 furnish evidence of not less than 250 hours of additional
21 study of cosmetology in an approved school of cosmetology
22 since the applicant last took the examination. If an
23 applicant for licensure as a cosmetology teacher fails to
24 pass 3 examinations conducted by the Department, the
25 applicant shall, before taking a subsequent examination,
26 furnish evidence of not less than 80 hours of additional
27 study in teaching methodology and educational psychology in
28 an approved school of cosmetology since the applicant last
29 took the examination. An applicant who fails to pass the
30 fourth examination shall not again be admitted to an
31 examination unless: (i) in the case of an applicant for
32 licensure as a cosmetologist, the applicant again takes and
33 completes a program total of 1500 hours in the study of
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1 cosmetology in an approved school of cosmetology extending
2 over a period that commences after the applicant fails to
3 pass the fourth examination and that is not less than 8
4 months nor more than 7 consecutive years in duration; (ii) in
5 the case of an applicant for licensure as a cosmetology
6 teacher, the applicant again takes and completes a program
7 total of 1000 hours of teacher training in an approved school
8 of cosmetology, except that if the applicant had 2 years of
9 practical experience as a licensed cosmetologist within the 5
10 years preceding the initial examination taken by the
11 applicant, the applicant must again take and complete a
12 program of 500 hours of teacher training in an approved
13 school of cosmetology, esthetics, or nail technology; or
14 (iii) in the case of an applicant for licensure as a
15 cosmetology clinic teacher, the applicant again takes and
16 completes a program total of 250 hours of clinic teacher
17 training in a licensed school of cosmetology. Each
18 cosmetology applicant shall be given a written examination
19 testing both theoretical and practical knowledge, which shall
20 include, but not be limited to, questions that determine the
21 applicant's knowledge of product chemistry, sanitary rules,
22 sanitary procedures, chemical service procedures, hazardous
23 chemicals and exposure minimization, knowledge of the anatomy
24 of the skin, scalp, and hair as they relate to applicable
25 services under this Act and labor and compensation laws.
26 The examination of applicants for licensure as a
27 cosmetology, esthetics, or nail technology teacher may
28 include all of the elements of the exam for licensure as a
29 cosmetologist, esthetician, or nail technician and also
30 include teaching methodology, classroom management, record
31 keeping, and any other related subjects that the Department
32 in its discretion may deem necessary to insure competent
33 performance.
34 This Act does not prohibit the practice of cosmetology by
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1 one who has applied in writing to the Department, in form and
2 substance satisfactory to the Department, for a license as a
3 cosmetologist, or the teaching of cosmetology by one who has
4 applied in writing to the Department, in form and substance
5 satisfactory to the Department, for a license as a
6 cosmetology teacher or cosmetology clinic teacher, if the
7 person has complied with all the provisions of this Act in
8 order to qualify for a license, except the passing of an
9 examination to be eligible to receive a license, until: (a)
10 the expiration of 6 months after the filing of the written
11 application, (b) the decision of the Department that the
12 applicant has failed to pass an examination within 6 months
13 or failed without an approved excuse to take an examination
14 conducted within 6 months by the Department, or (c) the
15 withdrawal of the application.
16 A person who took the September 10, 1994 cosmetology
17 licensure examination for the sixth time and failed the
18 examination and failed to request a reader based upon a
19 documented learning disability may reapply for the
20 examination within 6 months of the effective date of this
21 amendatory Act of the 91st General Assembly without having to
22 complete the additional 1,500 hours of instruction required
23 under this Act.
24 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
25 (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
26 Sec. 3A-1. Esthetics and esthetician defined.
27 (A) Any person who for compensation, whether direct or
28 indirect, including tips, engages in the following practices
29 engages in the practice of esthetics:
30 1. Beautifying, massaging, cleansing, exfoliating
31 the stratum corneum of the epidermis or stimulating the
32 skin of the human body, except the scalp, by the use of
33 cosmetic preparations, body treatments, body wraps, the
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1 use of hydrotherapy, antiseptics, tonics, lotions or
2 creams or any device, electrical or otherwise, for the
3 care of the skin;
4 2. Applying make-up or eyelashes to any person,
5 tinting eyelashes and eyebrows and lightening hair on the
6 body except the scalp; and
7 3. Removing superfluous hair from the body of any
8 person by the use of depilatories, waxing or tweezers.
9 However, esthetics does not include the services provided
10 by a cosmetologist or electrologist. Estheticians are
11 prohibited from performing any procedure which may puncture
12 or abrade the skin below the stratum corneum of the epidermis
13 or remove closed milia comedones (whiteheads) which may draw
14 blood or serous body fluid. The term esthetics includes
15 rendering advice on what is cosmetically appealing, but no
16 person licensed under this Act shall render advice on what is
17 appropriate medical treatment for diseases of the skin.
18 (B) "Esthetician" means any person who, with hands or
19 mechanical or electrical apparatus or appliances, engages
20 only in the use of cosmetic preparations, body treatments,
21 body wraps, hydrotherapy, makeups, antiseptics, tonics,
22 lotions, creams or other preparations or in the practice of
23 massaging, cleansing, exfoliating the stratum corneum of the
24 epidermis, stimulating, manipulating, beautifying, grooming
25 or similar work on the face, neck, arms and hands or body in
26 a superficial mode, and not for the treatment of medical
27 disorders therapeutic purposes.
28 (Source: P.A. 85-1302.)
29 (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
30 Sec. 3A-2. Licensure as an esthetician; qualifications.
31 A person is qualified to receive a license as a licensed
32 esthetician if that person has applied in writing on forms
33 provided by the Department, paid any required fees, and:
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1 a. Is at least 16 years of age; and
2 b. Has a certificate of graduation from a school
3 providing secondary education, or the recognized equivalent
4 of such a certificate, or persons who are beyond the age of
5 compulsory school attendance; and
6 c. Has graduated from a school of cosmetology or
7 esthetics approved by the Department, having completed a
8 program total of 750 hours in the study of esthetics
9 extending over a period of not less than 18 weeks nor more
10 than 4 consecutive years. Time spent in such study under the
11 laws of another state or territory of the United States or of
12 a foreign country or province shall be credited toward the
13 period of study required by the provisions of this paragraph;
14 and
15 d. Has passed an examination authorized by the
16 Department to determine fitness to receive a license as a
17 licensed esthetician; and
18 e. Has met any other requirements of this Act and rules.
19 (Source: P.A. 89-387, eff. 1-1-96.)
20 (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
21 Sec. 3A-3. Licensure as an esthetics teacher;
22 qualifications.
23 (a) A person is qualified to receive a license as an
24 esthetics teacher if that person has applied in writing on
25 forms supplied by the Department, paid the required fees,
26 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 esthetician;
32 (4) has either: (i) completed a program of 500
33 hours of teacher training in a licensed school of
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1 cosmetology or a licensed esthetics school and had 2
2 years of practical experience as a licensed cosmetologist
3 or esthetician within 5 years preceding the examination;
4 or (ii) completed a program of 750 hours of teacher
5 training in a licensed school of cosmetology approved by
6 the Department to teach esthetics or a licensed esthetics
7 school;
8 (5) has passed an examination authorized by the
9 Department to determine fitness to receive a license as a
10 licensed cosmetology or esthetics teacher;
11 (6) demonstrates, to the satisfaction of the
12 Department, current skills in the use of machines used in
13 the practice of esthetics; and
14 (7) has met any other requirements as required by
15 this Act.
16 (b) A person is qualified to receive a license as an
17 esthetics clinic teacher if that person has applied in
18 writing on forms supplied by the Department, paid the
19 required fees, and:
20 (1) is at least 18 years of age;
21 (2) has graduated from high school or its
22 equivalent;
23 (3) has a current license as a licensed
24 cosmetologist or esthetician;
25 (4) has completed a program of 250 hours of clinic
26 teacher training in a licensed school of cosmetology
27 approved by the Department to teach esthetics or a
28 licensed esthetics school and had 2 years of practical
29 experience as a licensed cosmetologist or esthetician
30 within 5 years preceding the examination;
31 (5) has passed an examination authorized by the
32 Department to determine fitness to receive a license as a
33 licensed cosmetology teacher or licensed esthetics
34 teacher;
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1 (6) demonstrates, to the satisfaction of the
2 Department, current skills in the use of machines used in
3 the practice of esthetics; and
4 (7) has met any other requirements required by this
5 Act.
6 (c) An applicant who is issued a license as an esthetics
7 teacher or esthetics clinic teacher is not required to
8 maintain an esthetics license in order to practice as an
9 esthetician as defined in this Act.
10 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
11 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
12 Sec. 3A-5. Examination.
13 (a) The Department shall authorize examinations of
14 applicants for a license as an esthetician or teacher of
15 esthetics at such times and places as it may determine. The
16 Department shall authorize no fewer than 4 examinations for a
17 license as an esthetician or a teacher of esthetics in a
18 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
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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. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.)
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1 (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
2 Sec. 3C-1. Definitions. "Nail technician" means any
3 person who for compensation manicures, pedicures, or
4 decorates nails, applies sculptured or otherwise artificial
5 nails by hand or with mechanical or electrical apparatus or
6 appliances, or in any way cares for the nails or the skin of
7 the hands or feet including massaging the hands, arms,
8 elbows, feet, lower legs, and knees of another person for
9 other than the treatment of medical disorders therapeutic
10 purposes.
11 However, nail technicians are prohibited from performing
12 any procedure that may puncture the skin or which may draw
13 blood or serous body fluid. The term nail technician
14 includes rendering advice on what is cosmetically appealing,
15 but no person licensed under this Act shall render advice on
16 what is appropriate medical treatment for diseases of the
17 nails or skin.
18 "Nail technician teacher" means an individual licensed by
19 the Department to provide instruction in the theory and
20 practice of nail technology to students in an approved nail
21 technology school.
22 "Licensed nail technology clinic teacher" means an
23 individual licensed by the Department to practice nail
24 technology as defined in this Act and to provide clinical
25 instruction in the practice of nail technology in an approved
26 school of cosmetology or an approved school of nail
27 technology.
28 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
29 (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
30 Sec. 3C-3. Licensure as a nail technology teacher or
31 nail technology clinic teacher; qualifications.
32 (a) A person is qualified to receive a license as a nail
33 technology teacher if that person has filed an application on
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1 forms provided by the Department, paid the required fee, and:
2 (1) is at least 18 years of age;
3 (2) has graduated from high school or its
4 equivalent;
5 (3) has a current license as a cosmetologist or
6 nail technician;
7 (4) has either: (1) completed a program of 500
8 hours of teacher training in a licensed school of nail
9 technology or cosmetology, and had 2 years of practical
10 experience as a nail technician; or (2) has completed a
11 program of 625 hours of teacher training in a licensed
12 school of cosmetology approved to teach nail technology
13 or school of nail technology; and
14 (5) who has passed an examination authorized by the
15 Department to determine fitness to receive a license as a
16 cosmetology or nail technology teacher.
17 (b) A person is qualified to receive a license as a nail
18 technology clinic teacher if that person has applied in
19 writing on forms supplied by the Department, paid the
20 required fees, and:
21 (1) is at least 18 years of age;
22 (2) has graduated from high school or its
23 equivalent;
24 (3) has a current license as a licensed
25 cosmetologist or nail technician;
26 (4) has completed a program of 250 hours of clinic
27 teacher training in a licensed school of cosmetology or a
28 licensed nail technology school and had 2 years of
29 practical experience as a licensed cosmetologist or nail
30 technician within 5 years preceding the examination;
31 (5) has passed an examination authorized by the
32 Department to determine fitness to receive a license as a
33 licensed cosmetology teacher or licensed nail technology
34 teacher;
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1 (6) demonstrates, to the satisfaction of the
2 Department, current skills in the use of machines used in
3 the practice of nail technology; and
4 (7) has met any other requirements required by this
5 Act.
6 (c) An applicant who receives a license as a nail
7 technology teacher or nail technology clinic teacher shall
8 not be required to maintain a license as a nail technician.
9 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
10 (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
11 Sec. 3C-7. Examinations; failure or refusal to take
12 examination. The Department shall authorize examinations of
13 applicants for licenses as nail technicians and teachers of
14 nail technology at the times and places as it may determine.
15 The Department shall authorize not less than 4
16 examinations for licenses as nail technicians, and nail
17 technology teachers in a calendar year.
18 If an applicant neglects, fails without an approved
19 excuse, or refuses to take the next available examination
20 offered for licensure under this Act, the fee paid by the
21 applicant shall be forfeited to the Department and the
22 application denied. If an applicant fails to pass an
23 examination for licensure under this Act within 3 years after
24 filing an application, the application shall be denied.
25 Nevertheless, the applicant may thereafter make a new
26 application for examination, accompanied by the required fee,
27 if he or she meets the requirements in effect at the time of
28 reapplication. If an applicant for licensure as a nail
29 technician, nail technology teacher, or nail technology
30 clinic teacher is unsuccessful at 3 examinations conducted by
31 the Department, the applicant shall, before taking a
32 subsequent examination, furnish evidence of successfully
33 completing (i) for a nail technician, not less than 60 hours
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1 of additional study of nail technology in a licensed school
2 of cosmetology approved to teach nail technology or nail
3 technology and (ii) for a nail technology teacher or nail
4 technology clinic teacher, not less than 80 hours of
5 additional study in teaching methodology and educational
6 psychology in an approved school of cosmetology or nail
7 technology since the applicant last took the examination.
8 An applicant who fails the fourth examination shall not
9 again be admitted to an examination unless: (i) in the case
10 of an applicant for a license as a nail technician, the
11 applicant again takes and completes a total of 350 hours in
12 the study of nail technology in an approved school of
13 cosmetology or nail technology extending over a period that
14 commences after the applicant fails to pass the fourth
15 examination and that is not less than 8 weeks nor more than 2
16 consecutive years in duration; or (ii) in the case of an
17 applicant for licensure as a nail technology teacher, the
18 applicant again takes and completes a program total of 625
19 hours of teacher training in an approved school of
20 cosmetology, or nail technology, except that if the applicant
21 had 2 years of practical experience as a licensed nail
22 technician within 5 years preceding the initial examination
23 taken by the applicant, the applicant must again take and
24 complete a program of 500 hours of teacher training in a
25 licensed school of cosmetology approved to teach nail
26 technology, or a licensed school of nail technology or a
27 program of 250 hours of clinic teacher training in a licensed
28 school of cosmetology.
29 Each applicant for licensure as a nail technician shall
30 be given a written examination testing both theoretical and
31 practical knowledge, which shall include, but not be limited
32 to, questions that determine the applicant's knowledge of
33 product chemistry, sanitary rules, sanitary procedures,
34 hazardous chemicals and exposure minimization, this Act, and
SB1339 Enrolled -18- LRB9111014LDpk
1 labor and compensation laws.
2 The examination for licensure as a nail technology
3 teacher or nail technology clinic teacher may include
4 knowledge of the subject matter, teaching methodology,
5 classroom management, record keeping, and any other subjects
6 that the Department in its discretion may deem necessary to
7 insure competent performance.
8 This Act does not prohibit the practice of nail
9 technology by a person who has applied in writing to the
10 Department, in form and substance satisfactory to the
11 Department, for a license as a nail technician, or the
12 teaching of nail technology by one who has applied in writing
13 to the Department, in form and substance satisfactory to the
14 Department, for a license as a nail technology teacher or
15 nail technology clinic teacher, if the person has complied
16 with all the provisions of this Act in order to qualify for a
17 license, except the passing of an examination to be eligible
18 to receive a license, until: (a) the expiration of 6 months
19 after the filing of the written application, or (b) the
20 decision of the Department that the applicant has failed to
21 pass an examination within 6 months or failed without an
22 approved excuse to take an examination conducted within 6
23 months by the Department, or (c) the withdrawal of the
24 application.
25 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
26 90-302, eff. 8-1-97.)
27 (225 ILCS 410/4-23)
28 Sec. 4-23. Penalties for failure to receive required
29 continuing education credits.
30 (a) In the first 2-year cycle in which a licensee does
31 not obtain his or her continuing education hours, the
32 Department shall place him or her on probation. If the
33 licensee does obtain his or her continuing education hours
SB1339 Enrolled -19- LRB9111014LDpk
1 prior to his or her next renewal, the Department shall
2 restore his or her license to good standing.
3 (b) In the second consecutive 2-year cycle in which a
4 licensee does not obtain his or her continuing education
5 hours, he or she shall be placed or continued continue on
6 probation, be fined, and be issued notice by the Department
7 that license revocation will occur if he or she does not
8 receive the continuing education hours required prior to his
9 or her next renewal. If the licensee does obtain his or her
10 continuing education hours prior to his or her next renewal,
11 he or she shall remain on probation but shall not be fined
12 pursuant to subsection (a).
13 (c) In the third consecutive 2-year cycle in which a
14 licensee does not obtain his or her continuing education
15 hours, his or her license shall be revoked. The Department
16 shall promulgate rules and regulations governing the
17 reissuance of a license that has been revoked. These rules
18 and regulations shall take into account that the licensee
19 already has been licensed and received the training necessary
20 for such a license.
21 (d) This Section shall not apply to any person who has
22 applied for a waiver of the continuing education requirements
23 under Section 3-7, 3A-6, or 3C-8 of this Act.
24 (Source: P.A. 89-706, eff. 1-31-97.)
25 Section 99. Effective date. This Act takes effect on
26 July 1, 2000.
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