(225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)

(Text of Section before amendment by P.A. 104-153)

(Section scheduled to be repealed on January 1, 2031)

Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board. There is established within the Department the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board, composed of 11 persons, which shall serve in an advisory capacity to the Secretary in all matters related to the practice of barbering, cosmetology, esthetics, hair braiding, and nail technology.

The 11 members of the Board shall be appointed as follows: 6 licensed cosmetologists, all of whom hold a current license as a cosmetologist or cosmetology teacher and, for appointments made after the effective date of this amendatory Act of 1996, at least 2 of whom shall be an owner of or a major stockholder in a school of cosmetology, 2 of whom shall be representatives of either a franchiser or an owner operating salons in 2 or more locations within the State, one of whom shall be an independent salon owner, and no one of the cosmetologist members shall be a manufacturer, jobber, or stockholder in a factory of cosmetology articles or an immediate family member of any of the above; one of whom shall be a barber holding a current license; one member who shall be a licensed esthetician or esthetics teacher; one member who shall be a licensed nail technician or nail technology teacher; one member who shall be a licensed hair braider or hair braiding teacher; and one public member who holds no licenses issued by the Department. The Secretary shall give due consideration for membership to recommendations by members of the professions and by their professional organizations. Members shall serve 4 year terms and until their successors are appointed and qualified. No member shall be reappointed to the Board for more than 2 terms. Appointments to fill vacancies shall be made in the same manner as original appointments for the unexpired portion of the vacated term. Members of the Board in office on the effective date of this amendatory Act of 1996 shall continue to serve for the duration of the terms to which they have been appointed, but beginning on that effective date all appointments of licensed cosmetologists and barbers to serve as members of the Board shall be made in a manner that will effect at the earliest possible date the changes made by this amendatory Act of 1996 in the representative composition of the Board.

For the initial appointment of a member who shall be a hair braider or hair braiding teacher to the Board, such individual shall not be required to possess a license at the time of appointment, but shall have at least 5 years active practice in the field of hair braiding and shall obtain a license as a hair braider or a hair braiding teacher within 18 months after appointment to the Board.

Six members of the Board shall constitute a quorum. A majority is required for Board decisions.

The Board shall elect a chairperson and a vice chairperson annually.

Board members are not liable for their acts, omissions, decisions, or other conduct in connection with their duties on the Board, except those determined to be willful, wanton, or intentional misconduct.

(Source: P.A. 99-427, eff. 8-21-15.)

(Text of Section after amendment by P.A. 104-153)

(Section scheduled to be repealed on January 1, 2031)

Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board. There is established within the Department the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board, composed of 11 persons appointed by the Secretary, which shall serve in an advisory capacity to the Secretary in all matters related to the practice of barbering, cosmetology, esthetics, hair braiding, and nail technology.

The 11 members of the Board shall be appointed as follows: 4 licensed cosmetologists or cosmetology teachers, all of whom hold a current license as a cosmetologist or cosmetology teacher and, for appointments made after the effective date of this amendatory Act of 1996, at least one of whom shall be an owner of or a major stockholder in a school of cosmetology, one of whom shall be a representative of either a franchiser or an owner operating salons in 2 or more locations within the State, and one of whom shall be an independent salon owner; one of whom shall be a licensed barber, esthetician, nail technician, or hair braider or a teacher of one these professions who shall be an owner of or major stockholder in a school of barbering, esthetics, nail technology, or hair braiding; one of whom shall be a licensed barber, esthetician, nail technician, or hair braider and an owner operating one or more shops or salons registered under this Act; one of whom shall be a licensed barber or barber teacher; one member who shall be a licensed esthetician or esthetics teacher; one member who shall be a licensed nail technician or nail technology teacher; one member who shall be a licensed hair braider or hair braiding teacher; and one public member, as defined in Section 1-4 of this Act, who holds no licenses issued by the Department under this Act; and none of the members shall be a manufacturer, jobber, or stockholder in a factory of cosmetology articles or an immediate family member of a manufacturer, jobber, or stockholder in a factory of cosmetology articles. The Secretary shall give due consideration for membership to recommendations by members of the professions and by their professional organizations. Each member shall serve a term of 4 years or until their successors are appointed and qualified. No member shall serve on the Board for more than 2 full consecutive terms or for a term that would cause the member's continuous service on the Board to be longer than 10 years. A member who has served 2 full consecutive terms or who has served on the Board for 10 years shall not again serve as a member of the board until 4 years have passed since the member's last term of service. In the case of a Board member position that is vacated before the end of the member's term, an individual may be appointed to serve the unexpired portion of that term, and appointments to fill vacancies shall be made in the same manner as original appointments. Members of the Board in office on the effective date of any Public Act that makes changes to the requirements for membership to the Board shall continue to serve for the duration of the terms to which they have been appointed, but beginning on the effective date of a new Public Act, all appointments of new members to the Board shall be made in a manner that will effect at the earliest possible date the changes made by the Public Act in the representative composition of the Board.

A majority of the Board members currently appointed shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to perform all duties of the Board. A majority is required for Board decisions.

The Board shall elect a chairperson and a vice chairperson annually.

The Secretary has the authority to remove any member of the Board for cause at any time. The Secretary shall be the sole arbiter of cause. The Secretary may remove a member of the Board who does not attend 2 consecutive meetings.

Board members are not liable for their acts, omissions, decisions, or other conduct in connection with their duties on the Board, except those determined to be willful, wanton, or intentional misconduct.

(Source: P.A. 104-153, eff. 1-1-26.)