Public Act 098-0238
 
HB2210 EnrolledLRB098 09246 MGM 39385 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, 2A-7, and 3B-10 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    (Section scheduled to be repealed on January 1, 2016)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; 97-777, eff. 7-13-12.)
  
 



    (225 ILCS 410/2A-7)



    (Section scheduled to be repealed on January 1, 2016)

    Sec. 2A-7. Requirements for licensure as barber school. No 
person, firm, or
corporation may own, operate, or conduct a 
school or college of barbering
for the purpose of teaching 
barbering for compensation unless licensed by the Department. A 
licensed school is a postsecondary educational institution 
authorized by the Department to provide a postsecondary 
education program in compliance with the requirements of this 
Act. An applicant shall apply to without filing an
application 
with the Department on forms provided by the Department, pay 
paying the
required fees, and comply complying with the 
following requirements:


        1. The applicant must submit to the Department for 
    approval:


            a. A floor plan, drawn to a scale specified on the 
        floor plan,
showing every detail of the proposed 
        school; and



            b. A lease commitment or proof of ownership for the 
        location of the
proposed school; a lease commitment 
        must provide for execution of the lease
upon the 
        Department's approval of the school's application and 
        the lease must
be for a period of at least one year.


            c. (Blank).


        2. An application to own or operate a school shall 
    include the following:
            a. If the owner is a corporation, a copy of the 
        Articles of
Incorporation;
            b. If the owner is a partnership, a listing of all 
        partners and their
current addresses;
            c. If the applicant is an owner, a completed 
        financial statement showing
the owner's ability to 
        operate the school for at least 3 months;
            d. A copy of the official enrollment agreement or 
        student contract to be
used by the school, which shall 
        be consistent with the requirements of
this Act;
            e. A listing of all teachers who will be in the 
        school's employ,
including their teacher license 
        numbers;
            f. A copy of the curricula that will be followed;
            g. The names, addresses, and current status of all 
        schools in which the
applicant has previously owned any 
        interest, and a declaration as to whether
any of these 
        schools were ever denied accreditation or licensing or 
        lost
accreditation or licensing from any governmental 
        body or accrediting agency;
            h. Each application for a certificate of approval 
        shall be signed and
certified under oath by the 
        school's chief managing employee and also by
its 
        individual owner or owners; if the applicant is a 
        partnership or a
corporation, then the application 
        shall be signed and certified under oath by
the 
        school's chief managing employee and also by each 
        member of the partnership
or each officer of the 
        corporation, as the case may be;
            i. A copy of the school's official transcript; and
            j. The required fee.


        3. Each application for a license to operate a
school 
    shall also contain the following commitments:
            a. To conduct the school in accordance with this 
        Act and the standards
and rules from time to time 
        adopted under this Act and to meet standards and

        requirements at least as stringent as those required by 
        Part H of the federal
Higher Education Act of 1965.
            b. To permit the Department to inspect the school 
        or classes thereof
from time to time with or without 
        notice; and to make available to the
Department, at any 
        time when required to do so, information including

        financial information pertaining to the activities of 
        the school required
for the administration of this Act 
        and the standards and rules adopted under
this Act;
            c. To utilize only advertising and solicitation 
        that is free from
misrepresentation, deception, fraud, 
        or other misleading or unfair trade
practices;
            d. To screen applicants to the school prior to 
        enrollment pursuant to
the requirements of the 
        school's regional or national accrediting agency,
if 
        any, and to maintain any and all records of such 
        screening; if the
course of instruction is offered in a 
        language other than English, the
screening shall also 
        be performed in that language;
            e. To post in a conspicuous place a statement, 
        developed by the
Department, of student's rights 
        provided under this Act.






        4. The applicant shall establish to the satisfaction of 
    the Department
that the owner possesses sufficient liquid 
    assets to meet the prospective
expenses of the school for a 
    period of 3 months.  In the discretion of
the Department, 
    additional proof of financial ability may be required.



        5. The applicant shall comply with all rules of the 
    Department determining
the necessary curriculum and 
    equipment required for the conduct of the school.


        6. The applicant must demonstrate employment of a 
    sufficient number of
qualified teachers who are holders of 
    a current license issued by the
Department.


        7. A final inspection of the barber school shall be 
    made by the Department before the school may commence 
    classes.




        8. A written inspection report must be made by a local 
    fire authority or the State Fire Marshal approving the use 
    of the proposed premises as a barber school.



(Source: P.A. 94-451, eff. 12-31-05.)

 



    (225 ILCS 410/3B-10)



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

    Sec. 3B-10. Requisites for ownership or operation of 
school. No person,
firm, or corporation may own, operate, or 
conduct a school of cosmetology,
esthetics, hair braiding, or 
nail technology for the purpose of teaching cosmetology,

esthetics, hair braiding, or nail technology for compensation 
unless licensed by the Department.  A licensed school is a 
postsecondary educational institution authorized by the 
Department to provide a postsecondary education program in 
compliance with the requirements of this Act.  An applicant 
shall apply to the Department without applying on forms

provided by the Department, pay paying the required fees, and 
comply complying with the
following requirements:


        1. The applicant must submit to the Department for 
    approval:


            a. A floor plan, drawn to a scale specified on the 
        floor plan,
showing every detail of the proposed 
        school; and



            b. A lease commitment or proof of ownership for the 
        location of the
proposed school; a lease commitment 
        must provide for execution of the lease
upon the 
        Department's approval of the school's application and 
        the lease must
be for a period of at least one year.


            c. (Blank).


        2. An application to own or operate a school shall 
    include the following:


            a. If the owner is a corporation, a copy of the 
        Articles of
Incorporation;


            b. If the owner is a partnership, a listing of all 
        partners and their
current addresses;


            c. If the applicant is an owner, a completed 
        financial statement showing
the owner's ability to 
        operate the school for at least 3 months;


            d. A copy of the official enrollment agreement or 
        student contract to be
used by the school, which shall 
        be consistent with the requirements of
this Act;


            e. A listing of all teachers who will be in the 
        school's employ,
including their teacher license 
        numbers;


            f. A copy of the curricula that will be followed;


            g. The names, addresses, and current status of all 
        schools in which the
applicant has previously owned any 
        interest, and a declaration as to whether
any of these 
        schools were ever denied accreditation or licensing or 
        lost
accreditation or licensing from any governmental 
        body or accrediting agency;


            h. Each application for a certificate of approval 
        shall be signed and
certified under oath by the 
        school's chief managing employee and also by
its 
        individual owner or owners; if the applicant is a 
        partnership or a
corporation, then the application 
        shall be signed and certified under oath by
the 
        school's chief managing employee and also by each 
        member of the partnership
or each officer of the 
        corporation, as the case may be;


            i. A copy of the school's official transcript; and


            j. The required fee.


        3. Each application for a license to operate a
school 
    shall also contain the following commitments:


            a. To conduct the school in accordance with this 
        Act and the standards,
and rules from time to time 
        adopted under this Act and to meet standards and

        requirements at least as stringent as those required by 
        Part H of the Federal
Higher Education Act of 1965.


            b. To permit the Department to inspect the school 
        or classes thereof
from time to time with or without 
        notice; and to make available to the
Department, at any 
        time when required to do so, information including

        financial information pertaining to the activities of 
        the school required
for the administration of this Act 
        and the standards and rules adopted under
this Act;


            c. To utilize only advertising and solicitation 
        which is free from
misrepresentation, deception, 
        fraud, or other misleading or unfair trade
practices;


            d. To screen applicants to the school prior to 
        enrollment pursuant to
the requirements of the 
        school's regional or national accrediting agency,
if 
        any, and to maintain any and all records of such 
        screening. If the
course of instruction is offered in a 
        language other than English, the
screening shall also 
        be performed in that language;


            e. To post in a conspicuous place a statement, 
        developed by the
Department, of student's rights 
        provided under this Act.


        4. The applicant shall establish to the satisfaction of 
    the Department
that the owner possesses sufficient liquid 
    assets to meet the prospective
expenses of the school for a 
    period of 3 months.  In the discretion of
the Department, 
    additional proof of financial ability may be required.


        5. The applicant shall comply with all rules of the 
    Department determining
the necessary curriculum and 
    equipment required for the conduct of the school.


        6. The applicant must demonstrate employment of a 
    sufficient number of
qualified teachers who are holders of 
    a current license issued by the
Department.


        7.
A final inspection of the cosmetology, esthetics, 
    hair braiding, or nail technology school shall be
made  by 
    the Department before the school may commence classes.

        8. A written inspection report must be made by the 
    State Fire Marshal or a local fire authority approving the 
    use of the proposed premises as a cosmetology, esthetics, 
    hair braiding, or nail technology school.

(Source: P.A. 96-1246, eff. 1-1-11.)