Public Act 097-0777
 
HB4076 EnrolledLRB097 14435 CEL 59274 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Barber, Cosmetology, Esthetics, Hair 
Braiding, and Nail
Technology Act of 1985 is amended  by 
changing Sections 1-4, 2-2, 2-4, and 2A-1 and by adding Section 
2-9 as follows:
 
 

    (225 ILCS 410/1-4)

 
    (Section scheduled to be repealed on January 1, 2016)

    Sec. 1-4. Definitions. In this Act the following words 
shall have the
following meanings:

    "Board" means the Barber, Cosmetology, Esthetics, and Nail 
Technology Board.

    "Department" means the Department of Financial and 
Professional Regulation.


    "Licensed barber" means an individual licensed by the 
Department
to practice barbering as defined in this Act and 
whose
license is in good standing.

    "Licensed barber clinic teacher" means an individual 
licensed by the Department to practice barbering, as defined in 
this Act, and to provide clinical instruction in the practice 
of barbering in an approved school of barbering.

    "Licensed cosmetologist" means an individual licensed by 
the
Department to practice cosmetology, nail technology, and 
esthetics as
defined in this Act and whose license is in good 
standing.

    "Licensed esthetician" means an individual
licensed by the

Department to practice esthetics as defined in this Act and 
whose
license is in good standing.

    "Licensed nail technician" means any individual
licensed 
by
the Department to practice nail technology as defined in 
this Act and whose
license is in good standing.

    "Licensed barber teacher" means an individual
licensed
by 
the Department to practice barbering as defined in this Act
and 
to provide instruction in the theory and practice of barbering 
to students in an approved barber school.

    "Licensed cosmetology teacher" means an individual

licensed by the Department to practice cosmetology,
esthetics, 
and nail technology as defined in this Act
and to provide 
instruction in the theory and
practice of cosmetology, 
esthetics, and nail technology to
students in an approved 
cosmetology, esthetics, or nail technology school.

    "Licensed cosmetology clinic teacher" means an individual 
licensed by the
Department to practice cosmetology, esthetics, 
and nail technology as defined
in this Act and to provide 
clinical instruction in the practice of cosmetology,

esthetics, and nail technology in an approved school of 
cosmetology, esthetics,
or nail technology.

    "Licensed esthetics teacher" means an individual
licensed 
by
the Department to practice esthetics as defined in this Act 
and to provide
instruction in the theory and practice of 
esthetics
to students in an approved cosmetology or esthetics 
school.

    "Licensed esthetics clinic teacher" means an individual 
licensed by the
Department to practice esthetics as defined in 
this Act and to provide clinical
instruction in the practice of 
esthetics in an approved school of cosmetology
or an approved 
school of esthetics.

    "Licensed hair braider" means any individual licensed by 
the Department to practice hair braiding as defined in Section 
3E-1 and whose license is in good standing.
    "Licensed hair braiding teacher" means an individual 
licensed by the Department to practice hair braiding and to 
provide instruction in the theory and practice of hair braiding 
to students in an approved cosmetology school. 
    "Licensed nail technology teacher" means an individual

licensed by the Department to practice nail technology and
to 
provide instruction in the theory and
practice of nail 
technology to students in an approved nail technology school
or 
cosmetology 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.

    "Enrollment" is the date upon which the student signs an

enrollment agreement or student contract.

    "Enrollment agreement" or "student contract" is any 
agreement,
instrument, or contract however named, which 
creates or evidences an
obligation binding a student to 
purchase a course of instruction from a school.

    "Enrollment time" means the maximum number of hours a 
student
could have attended class, whether or not the student 
did in fact attend
all those hours.

    "Elapsed enrollment time" means the enrollment time 
elapsed between
the actual starting date and the date of the 
student's last day of physical
attendance in the school.

    "School" means an institution of higher education that 
meets the requirements of 34 CFR 600.9. 
    "Secretary" means the Secretary of the Department of 
Financial and Professional Regulation. 
    "Threading" means any technique that results in the removal 
of superfluous hair from the body by twisting thread around 
unwanted hair and then pulling it from the skin; and may also 
include the incidental trimming of eyebrow hair. 
(Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11; 
97-333, eff. 8-12-11.)
  
 



    (225 ILCS 410/2-2)  (from Ch. 111, par. 1702-2)



    (Section scheduled to be repealed on January 1, 2016)

    Sec. 2-2. Licensure as a barber;
qualifications.  A person 
is qualified to
receive a license as a
barber if that person 
has applied in writing on forms prescribed by the
Department, 
has paid the 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 barbering or school of 
cosmetology approved by the Department,
having completed a 
total of 1500 hours in the study of barbering
extending over a 
period of not less than 9 months nor more than 3 years.
A 
school of barbering may, at its discretion, consistent with the

rules of the Department, accept up to 500 hours of cosmetology 
school
training at a recognized cosmetology school toward the 
1500 hour course
requirement of barbering.  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 caused to be conducted by
the

Department or its designated testing service to determine 
fitness to
receive a license as
a barber; and

    e. Has met all other requirements of this Act.

(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)

 



    (225 ILCS 410/2-4)  (from Ch. 111, par. 1702-4)



    (Section scheduled to be repealed on January 1, 2016)

    Sec. 2-4. Licensure as a barber
teacher; qualifications.  
    (1) A person is qualified to receive a license as a barber 
teacher if that person files an
application on forms provided 
by the Department, pays the required fee, and:

        a. Is at least 18 years of age;

        b. Has graduated from high school or its equivalent;

        c. Has a current license as a barber or cosmetologist;

        d. Has graduated from a barber school or school of 
    cosmetology approved by the Department
having either:


            (1) completed a total of 500 hours in barber 
        teacher training extending
over a period of not less 
        than 3 months nor more than 2 years and has had 3
years 
        of practical experience as a licensed barber; or


            (2) completed a total of 1,000 hours of barber 
        teacher training extending
over a period of not less 
        than 6 months nor more than 2 years; or and

            (3) completed the cosmetology teacher training as 
        specified in paragraph (4) of subsection (a) of Section 
        3-4 of this Act; and 
        e. Has passed an examination authorized by the 
    Department
to determine fitness to receive a license
as a 
    barber teacher or a cosmetology teacher; and

        f. Has met any other requirements set forth in this 
    Act.

    An applicant who is issued a license as a Barber Teacher is 
not required
to maintain a barber license in order to practice 
barbering as defined in this
Act.

    (2) A person is qualified to receive a license as a barber 
clinic
teacher if he or she has applied in writing on forms 
provided by the
Department, has paid the required fees, and:

        (A) is at least 18 years of age;

        (B) has graduated from high school or its equivalent;

        (C) has a current license as a barber;

        (D) has (i) completed a program of 250 hours of clinic 
    teacher training in a licensed school of barbering or (ii) 
    within 5 years preceding the required examination, has 
    obtained a minimum of 2 years of practical experience 
    working at least 30 full-time hours per week as a licensed 
    barber and has completed an instructor's institute of 20 
    hours, as prescribed by the Department, prior to submitting 
    an application for examination;

        (E) has passed an examination authorized by the 
    Department to determine eligibility to receive a license as 
    a barber teacher; and

        (F) has met any other requirements of this Act.

    The Department shall not issue any new barber clinic 
teacher licenses after January 1, 2009.  Any person issued a 
license as a barber clinic teacher before January 1, 2009, may 
renew the license after that date under this Act and that 
person may continue to renew the license or have the license 
restored during his or her lifetime, subject only to the 
renewal or restoration requirements for the license under this 
Act; however, such licensee and license shall remain subject to 
the provisions of this Act, including, but not limited to, 
provisions concerning renewal, restoration, fees, continuing 
education, discipline, administration, and enforcement.

(Source: P.A. 94-871, eff. 6-16-06.)

 
    (225 ILCS 410/2-9 new)
    Sec. 2-9. Degree in barbering at a cosmetology school. A 
school of cosmetology may offer a degree in barbering, as 
defined by this Act, provided that the school of cosmetology 
complies with subsections (c), (d), and (e) of Section 2-2 of 
this Act; utilizes barber teachers properly licensed under 
paragraph (1) of Section 2-4 of this Act; and complies with 
Sections 2A-7 and 3B-10 of this Act.
 



    (225 ILCS 410/2A-1)



    (Section scheduled to be repealed on January 1, 2016)

    Sec. 2A-1. Application. The provisions of this Article IIA 
are applicable
only to barber or cosmetology schools  regulated 
under this Act.

(Source: P.A. 89-387, eff. 1-1-96.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.