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| | HB0788 Engrossed | | LRB104 04688 AAS 14715 b |
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| 1 | | AN ACT concerning regulation. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 1. Short title. This Act may be cited as the |
| 5 | | Textured Hair Licensing Act. |
| 6 | | Section 2. Legislative findings and purpose. |
| 7 | | (a) The General Assembly finds that: |
| 8 | | (1) Textured hair care is a distinct field tied to |
| 9 | | public health, identity, and cultural practice. |
| 10 | | (2) Current licensure structures have historically |
| 11 | | failed to center textured hair education. |
| 12 | | (3) Women of color and impacted communities have faced |
| 13 | | barriers to licensure, training, and safe culturally |
| 14 | | competent services. |
| 15 | | (4) Consumers need clearer sanitation, safety, and |
| 16 | | accountability standards. |
| 17 | | (5) Illinois needs a stand-alone field that supports |
| 18 | | access, workforce development, and consumer protection. |
| 19 | | (6) Textured hair care practices involve direct |
| 20 | | contact with the scalp and growing hair, including |
| 21 | | prolonged tension styling, extension installation, and |
| 22 | | scalp treatments. When performed improperly or without |
| 23 | | adequate sanitation practices, these services may |
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| 1 | | contribute to scalp disorders, traction alopecia, |
| 2 | | folliculitis, and other preventable health conditions. |
| 3 | | (7) Establishing professional standards for textured |
| 4 | | hair services promotes safe practices, sanitation |
| 5 | | education, and consumer protection. |
| 6 | | (b) The purposes of this Act are to: |
| 7 | | (1) establish cirrology as a separate licensing field; |
| 8 | | (2) regulate textured hair care through its own |
| 9 | | standards; |
| 10 | | (3) create licensure for practitioners, teachers, |
| 11 | | schools, sponsors, salons, shops, apprenticeship sites, |
| 12 | | partners, and employers; |
| 13 | | (4) support school-based education, paid |
| 14 | | apprenticeships, and transition from current braiding |
| 15 | | structures; |
| 16 | | (5) repeal or transfer hair braiding references from |
| 17 | | the Barber, Cosmetology, Esthetics, Hair Braiding, and |
| 18 | | Nail Technology Act of 1985 into this Act; and |
| 19 | | (6) support collaboration with community colleges, |
| 20 | | high schools, workforce systems, and approved partner |
| 21 | | employers. |
| 22 | | Section 3. Definitions. As used in this Act: |
| 23 | | "African hair braiding" or "traditional African hair |
| 24 | | braiding" means hair braiding practices rooted in African |
| 25 | | cultural, ancestral, or traditional methods of arranging |
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| 1 | | textured hair by braiding, cornrowing, plaiting, twisting, |
| 2 | | weaving, wrapping, locking, extending, or similar nonchemical |
| 3 | | techniques, whether performed with natural hair, extensions, |
| 4 | | thread, fibers, or other lawful materials consistent with this |
| 5 | | Act. |
| 6 | | "Approved apprenticeship partner" means an institution, |
| 7 | | program, or organization approved by the Department under this |
| 8 | | Act to collaborate in hosting, supporting, coordinating, or |
| 9 | | providing related instruction for a cirrology apprenticeship |
| 10 | | program. An approved apprenticeship partner may include, but |
| 11 | | is not limited to, a community college, high school, career |
| 12 | | and technical education program, licensed school, nonprofit |
| 13 | | training provider, workforce training organization, or other |
| 14 | | approved educational or community-based partner. |
| 15 | | "Approved continuing education sponsor" means a person, |
| 16 | | school, business, institution, association, organization, or |
| 17 | | other entity approved by the Department under this Act to |
| 18 | | offer continuing education in cirrology, textured hair care, |
| 19 | | sanitation, safety, law, business practices, educator |
| 20 | | development, or related professional subjects authorized under |
| 21 | | this Act. |
| 22 | | "Approved partner employer" means a person, business, |
| 23 | | organization, or approved work site authorized by the |
| 24 | | Department under this Act to employ and provide paid |
| 25 | | on-the-job training to an apprentice enrolled in a cirrology |
| 26 | | apprenticeship program under the supervision required by this |
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| 1 | | Act. "Approved partner employer" includes, but is not limited |
| 2 | | to, a registered cirrology shop or another Department-approved |
| 3 | | work site capable of providing supervised training within the |
| 4 | | lawful scope of practice established by this Act. |
| 5 | | "Board" or "Board of Cirrology" means the Board of |
| 6 | | Cirrology created under this Act. |
| 7 | | "Cirrology" means the distinct, nonchemical field of |
| 8 | | professional study and practice dedicated to the care, |
| 9 | | treatment, maintenance, styling, preservation, and management |
| 10 | | of textured hair and scalp health through culturally informed, |
| 11 | | health-centered, and nonchemical methods. "Cirrology" includes |
| 12 | | the theory and practice of textured hair care, natural hair |
| 13 | | care, braiding, loc care, protective styling, and related |
| 14 | | services within the scope authorized by this Act. |
| 15 | | "Cirrology apprenticeship program" means the continuing |
| 16 | | apprenticeship agreement under this Act through which an |
| 17 | | enrolled apprentice receives paid on-the-job training, related |
| 18 | | instruction, supervision, evaluation, and competency |
| 19 | | development toward licensure as a cirrologist. A cirrology |
| 20 | | apprenticeship program shall be carried out in collaboration |
| 21 | | with an approved partner employer and, where applicable, an |
| 22 | | approved apprenticeship partner, under the supervision |
| 23 | | required by this Act. |
| 24 | | "Cirrologist" or "textured hair specialist" means a person |
| 25 | | who engages in the practice of cirrology and who is licensed or |
| 26 | | otherwise authorized under this Act to provide textured hair |
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| 1 | | care services within the lawful scope of practice established |
| 2 | | by this Act. |
| 3 | | "Department" means the Department of Financial and |
| 4 | | Professional Regulation. |
| 5 | | "Enrollment agreement" means a written agreement, |
| 6 | | contract, disclosure, or other document executed between a |
| 7 | | student and a licensed cirrology school that identifies the |
| 8 | | program of instruction, tuition, fees, length of program, |
| 9 | | refund policy, attendance standards, completion requirements, |
| 10 | | and other terms of enrollment required by this Act or by rule. |
| 11 | | "Good standing" means, when used with respect to a person |
| 12 | | or entity credentialed, approved, or registered under this Act |
| 13 | | or prior law, that the credential, approval, or registration |
| 14 | | is active, valid, not expired, and not currently revoked, |
| 15 | | suspended, surrendered in lieu of discipline, or otherwise |
| 16 | | subject to a disciplinary restriction that would prohibit |
| 17 | | lawful practice, instruction, operation, or approval status. |
| 18 | | "Hair braiding" means the practice of interweaving, |
| 19 | | twisting, wrapping, plaiting, cornrowing, extending, locking, |
| 20 | | looping, lacing, sewing, or otherwise arranging natural hair, |
| 21 | | natural fibers, synthetic fibers, thread, or extensions into |
| 22 | | braids, twists, rows, woven patterns, or related nonchemical |
| 23 | | styles. |
| 24 | | "Hair locking" or "hair loc'ing" means the nonchemical |
| 25 | | forming, cultivating, shaping, maintaining, grooming, |
| 26 | | interlocking, palm rolling, twisting, separating, repairing, |
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| 1 | | retightening, or otherwise managing hair that has been formed |
| 2 | | or maintained into locs, locks, or similar naturally matted or |
| 3 | | intentionally cultivated formations within the scope |
| 4 | | authorized by this Act. |
| 5 | | "Licensed cirrologist" means an individual licensed by the |
| 6 | | Department under this Act to practice cirrology for |
| 7 | | compensation. |
| 8 | | "Licensed cirrology teacher" means an individual licensed |
| 9 | | by the Department under this Act to teach cirrology theory or |
| 10 | | practice, supervise cirrology students in an approved |
| 11 | | educational setting, or otherwise provide instruction |
| 12 | | authorized under this Act. |
| 13 | | "Licensed cirrology school" means a school, institution, |
| 14 | | or approved educational entity licensed by the Department |
| 15 | | under this Act to provide a cirrology course of instruction |
| 16 | | and related educational functions authorized under this Act. |
| 17 | | "Mobile salon or shop" means a movable, portable, or |
| 18 | | vehicle-based business unit from which cirrology services are |
| 19 | | provided for compensation, if authorized by the Department |
| 20 | | under this Act and rules adopted under this Act. |
| 21 | | "Natural hair care" means the nonchemical cleansing, |
| 22 | | conditioning, moisturizing, detangling, treating, |
| 23 | | maintaining, managing, preserving, and supporting of natural |
| 24 | | textured hair and scalp health without the use of chemical |
| 25 | | processes that permanently alter the natural structure of the |
| 26 | | hair shaft. |
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| 1 | | "Natural hair styling" or "natural styling" means the |
| 2 | | nonchemical styling, shaping, arranging, stretching, defining, |
| 3 | | setting, finishing, dusting, trimming, light contouring, or |
| 4 | | otherwise styling of natural textured hair, including twists, |
| 5 | | twist-outs, braid-outs, wash-and-go styling, roller sets, rod |
| 6 | | sets, palm rolling, finger styling, and similar methods |
| 7 | | authorized under this Act. |
| 8 | | "Pre-apprenticeship program" means a preparatory training |
| 9 | | program approved or recognized by the Department under this |
| 10 | | Act that provides foundational instruction, work-readiness |
| 11 | | training, career exposure, supportive services, or related |
| 12 | | preparation for entry into a cirrology apprenticeship program. |
| 13 | | "Protective hair styling" means the nonchemical styling of |
| 14 | | natural or extension-based textured hair in a manner intended |
| 15 | | to preserve hair health, reduce manipulation, support growth |
| 16 | | retention, improve manageability, or protect the hair from |
| 17 | | breakage, dryness, friction, or environmental stress. |
| 18 | | "Protective hair styling" includes, but is not limited to, |
| 19 | | braids, twists, cornrows, loc styles, extension-supported |
| 20 | | styles, wraps, and similar techniques consistent with this |
| 21 | | Act. |
| 22 | | "Registered cirrology shop" means any fixed location, |
| 23 | | suite, salon, shop, or other registered place of business, and |
| 24 | | any mobile unit if authorized by rule, that is registered |
| 25 | | under this Act for the performance of cirrology services for |
| 26 | | compensation. |
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| 1 | | "Related instruction" means classroom, laboratory, online, |
| 2 | | or supervised educational instruction approved under this Act |
| 3 | | and provided by an approved partner, licensed cirrology |
| 4 | | school, or other provider approved by the Department upon |
| 5 | | recommendation of the Board. |
| 6 | | "Secretary" means the Secretary of Financial and |
| 7 | | Professional Regulation. |
| 8 | | "Student" means a person enrolled in a licensed cirrology |
| 9 | | school or other approved cirrology educational program under |
| 10 | | this Act for the purpose of completing the required course of |
| 11 | | study, practical training, or other educational requirements |
| 12 | | for licensure. |
| 13 | | "Textured hair" means hair commonly characterized by |
| 14 | | waves, curls, coils, kinks, tight curl patterns, or similar |
| 15 | | natural formation, including hair types historically |
| 16 | | associated with African, African American, Afro-descendant, |
| 17 | | multicultural, curly, coily, kinky, and other naturally |
| 18 | | textured hair patterns. |
| 19 | | "Textured hair services" or "textured hair care" means the |
| 20 | | nonchemical care, treatment, maintenance, styling, |
| 21 | | preservation, manipulation, and management of textured hair |
| 22 | | and scalp health within the scope authorized by this Act, |
| 23 | | including consultation, cleansing, conditioning, |
| 24 | | moisturizing, detangling, natural styling, braiding, loc care, |
| 25 | | protective styling, extension-based textured styling, client |
| 26 | | education, and related nonchemical services. |
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| 1 | | Section 4. Scope of practice of cirrology. |
| 2 | | (a) General scope. The practice of cirrology under this |
| 3 | | Act consists of the professional, nonchemical care, study, |
| 4 | | treatment, styling, maintenance, preservation, and management |
| 5 | | of textured hair and scalp health for compensation. Cirrology |
| 6 | | is a distinct field of practice dedicated to textured hair |
| 7 | | care through culturally informed, health-centered, and |
| 8 | | nonchemical methods. |
| 9 | | (b) Authorized practice. A person licensed under this Act |
| 10 | | as a cirrologist may perform textured hair services within the |
| 11 | | scope authorized by this Section and as otherwise provided by |
| 12 | | this Act and rules adopted under this Act. |
| 13 | | (c) Authorized services. The scope of practice of |
| 14 | | cirrology includes, but is not limited to, the following |
| 15 | | services when performed within the nonchemical scope of this |
| 16 | | Act: |
| 17 | | (1) consulting with clients regarding hair texture, |
| 18 | | curl pattern, scalp condition, styling goals, maintenance |
| 19 | | needs, protective styling options, service planning, and |
| 20 | | home-care practices; |
| 21 | | (2) performing visual scalp analysis, texture |
| 22 | | assessment, strand assessment, porosity observation, |
| 23 | | density observation, and general nonmedical evaluation of |
| 24 | | the hair and scalp for purposes of service selection, |
| 25 | | maintenance planning, and referral when appropriate; |
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| 1 | | (3) shampooing, cleansing, conditioning, |
| 2 | | moisturizing, steaming, detangling, drying, and otherwise |
| 3 | | preparing textured hair and scalp by nonchemical means; |
| 4 | | (4) applying nonchemical scalp and hair treatments, |
| 5 | | including botanical, herbal, oil-based, water-based, |
| 6 | | moisture-based, and other nonpenetrating product |
| 7 | | applications intended to support scalp comfort, manage |
| 8 | | dryness, improve hair manageability, preserve moisture, |
| 9 | | reduce breakage, or maintain textured hair health; |
| 10 | | (5) performing natural hair styling and maintenance |
| 11 | | services, including wash-and-go styling, twist-outs, |
| 12 | | braid-outs, roller sets, rod sets, finger styling, comb |
| 13 | | twisting, palm rolling, wrapping, molding by nonchemical |
| 14 | | means, stretching by nonchemical means, and other |
| 15 | | nonchemical textured hair styling methods; |
| 16 | | (6) performing hair braiding and African-style hair |
| 17 | | braiding, including braiding, cornrowing, plaiting, |
| 18 | | extending, lacing, looping, weaving, wrapping, sewing, |
| 19 | | interlacing, interweaving, and twisting with human hair, |
| 20 | | natural fibers, synthetic fibers, thread, or hair |
| 21 | | extensions; |
| 22 | | (7) performing protective styling services, including |
| 23 | | individual braids, cornrows, flat twists, two-strand |
| 24 | | twists, multi-strand twists, knotting techniques, |
| 25 | | extension-based textured styles, and similar nonchemical |
| 26 | | styles intended to preserve hair health, manageability, or |
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| 1 | | appearance; |
| 2 | | (8) performing hair locking, loc cultivation, loc |
| 3 | | maintenance, loc grooming, loc repair by nonchemical |
| 4 | | means, interlocking, palm rolling, twisting, wrapping, |
| 5 | | separation, retightening by approved nonchemical methods, |
| 6 | | and other natural locking services consistent with this |
| 7 | | Act; |
| 8 | | (9) performing the installation, preparation, |
| 9 | | placement, adjustment, maintenance, trimming, blending, |
| 10 | | and removal of extensions, sewn-in extensions, wefts, |
| 11 | | wraps, wigs, nonsurgical hair replacement units, and |
| 12 | | similar additions to the hair, when performed within the |
| 13 | | nonchemical scope of this Act; |
| 14 | | (10) performing sectioning, parting, trimming, |
| 15 | | shaping, dusting, light contouring, end maintenance, and |
| 16 | | limited adjustment of textured hair or added hair when |
| 17 | | performed solely to preserve the health, shape, balance, |
| 18 | | or finish of natural textured styles, braids, twists, |
| 19 | | locs, extensions, or protective styles, and not as a |
| 20 | | barbering or precision haircutting service; |
| 21 | | (11) performing takedown, removal, unraveling, and |
| 22 | | service completion for braids, twists, locs, extensions, |
| 23 | | wraps, and similar textured hairstyles, together with |
| 24 | | detangling, cleansing, conditioning, and restoration of |
| 25 | | the hair following such removal; |
| 26 | | (12) performing finishing services associated with |
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| 1 | | textured hair care, including drying, setting, separating, |
| 2 | | fluffing, shaping, polishing, edge finishing by |
| 3 | | nonchemical means, and final styling of natural or |
| 4 | | protective hairstyles; |
| 5 | | (13) instructing and educating clients regarding |
| 6 | | textured hair care, scalp maintenance, style preservation, |
| 7 | | service intervals, cleansing practices, product selection, |
| 8 | | moisture retention, low-manipulation care, protective |
| 9 | | styling care, loc care, takedown procedures, and safe home |
| 10 | | maintenance; and |
| 11 | | (14) performing any other nonchemical service, |
| 12 | | technique, or procedure approved by rule of the Department |
| 13 | | upon recommendation of the Board, provided that the |
| 14 | | service is consistent with the purpose, public safety |
| 15 | | standards, and nonchemical scope of this Act. |
| 16 | | (d) Cultural and protective practices. The practice of |
| 17 | | cirrology includes textured hair-specific methods and |
| 18 | | culturally rooted practices historically used for the care, |
| 19 | | maintenance, styling, preservation, and presentation of |
| 20 | | textured hair, including braids, locs, twists, cornrows, |
| 21 | | wraps, and similar protective or natural hairstyles, so long |
| 22 | | as the practices are performed within the health, sanitation, |
| 23 | | and nonchemical limits of this Act. |
| 24 | | (e) Tools, products, and methods. A cirrologist may use |
| 25 | | nonchemical products, tools, instruments, and methods |
| 26 | | reasonably necessary to perform services authorized under this |
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| 1 | | Act, including combs, clips, shears for trimming, shaping, |
| 2 | | dusting, light contouring, or end maintenance within the |
| 3 | | limited scope permitted by this Act, hairpins, thread, needles |
| 4 | | for sewing extensions or units, rollers, rods, dryers, |
| 5 | | steamers, locking tools, sectioning tools, and other |
| 6 | | nonsurgical and nonchemical implements approved by rule. |
| 7 | | Nothing in this subsection authorizes the use of chemical |
| 8 | | agents or any implement or device for a purpose otherwise |
| 9 | | prohibited by this Act. |
| 10 | | (f) Client safety and referral. A cirrologist shall |
| 11 | | practice in a manner that protects public health and consumer |
| 12 | | safety. If a client presents with a scalp condition, hair loss |
| 13 | | condition, skin condition, or other concern that appears to |
| 14 | | require medical diagnosis or treatment, the cirrologist shall |
| 15 | | not represent that the condition is being medically treated |
| 16 | | under this Act and may recommend referral to an appropriate |
| 17 | | licensed health care professional. |
| 18 | | (g) Prohibited acts and excluded services. A license |
| 19 | | issued under this Act does not authorize a person to: |
| 20 | | (1) shave or perform barber-style shaving services; |
| 21 | | (2) perform precision haircutting, razor cutting, |
| 22 | | clipper cutting, fading, tapering, or other barbering or |
| 23 | | cosmetology cutting services outside the limited trimming, |
| 24 | | shaping, dusting, light contouring, and end maintenance |
| 25 | | expressly permitted under this Act; |
| 26 | | (3) apply chemical straightening agents, relaxers, |
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| 1 | | texturizers, permanent wave solutions, curl-altering |
| 2 | | chemicals, or other chemical agents intended to penetrate |
| 3 | | or permanently alter the natural structure of the hair |
| 4 | | shaft; |
| 5 | | (4) apply chemical coloring agents, oxidative dyes, |
| 6 | | lighteners, bleach, or other chemical products intended to |
| 7 | | permanently color, strip, or chemically alter growing |
| 8 | | human hair; |
| 9 | | (5) use chemical joining agents, bonding agents, or |
| 10 | | other chemical adhesives prohibited by rule for use on |
| 11 | | growing hair or scalp; |
| 12 | | (6) perform any procedure that penetrates living |
| 13 | | tissue, constitutes surgery, or otherwise requires a |
| 14 | | medical, nursing, or other professional health license; |
| 15 | | (7) diagnose, treat, or claim to cure any disease or |
| 16 | | disorder of the scalp, skin, or hair; |
| 17 | | (8) perform any service outside the scope of practice |
| 18 | | established by this Act; or |
| 19 | | (9) use any product, practice, instrument, or device |
| 20 | | prohibited by this Act or by rule adopted under this Act. |
| 21 | | (h) Nonchemical limitation. The scope of practice under |
| 22 | | this Act is strictly limited to non-chemical textured hair |
| 23 | | care. Nothing in this Act shall be construed to authorize |
| 24 | | chemical cosmetology services, barbering services, esthetics |
| 25 | | services, nail technology services, or any other regulated |
| 26 | | practice outside the express scope of cirrology. |
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| 1 | | (i) Construction of scope. This Section shall be liberally |
| 2 | | construed to recognize cirrology as a stand-alone field of |
| 3 | | practice for textured hair care and shall not be interpreted |
| 4 | | to subordinate cirrology to cosmetology, barbering, or any |
| 5 | | other profession regulated under another Act, except where |
| 6 | | expressly provided by law. |
| 7 | | Section 5. Title protection; use of titles; |
| 8 | | representations. |
| 9 | | (a) Title protection. Only a person who is licensed under |
| 10 | | this Act may use the title "cirrologist" or represent himself |
| 11 | | or herself to the public as licensed, certified, endorsed, |
| 12 | | approved, or otherwise authorized to practice cirrology in |
| 13 | | this State. |
| 14 | | (b) Restricted titles. A person may not use, assume, |
| 15 | | advertise, or hold himself or herself out through any title, |
| 16 | | words, letters, abbreviations, insignia, social media profile, |
| 17 | | business name, signage, listing, website, promotional |
| 18 | | material, or other representation that states or implies that |
| 19 | | the person is any of the following unless duly licensed, |
| 20 | | approved, or registered under this Act: |
| 21 | | (1) cirrologist; |
| 22 | | (2) licensed cirrologist; |
| 23 | | (3) licensed cirrology teacher; |
| 24 | | (4) licensed cirrology school; |
| 25 | | (5) registered cirrology shop; |
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| 1 | | (6) approved continuing education sponsor under this |
| 2 | | Act; |
| 3 | | (7) approved apprenticeship partner under this Act; |
| 4 | | (8) approved partner employer under this Act; or |
| 5 | | (9) any other title, designation, abbreviation, or |
| 6 | | representation authorized by this Act or by rule adopted |
| 7 | | under this Act. |
| 8 | | (c) Prohibition on misleading representations. A person |
| 9 | | may not represent, directly or indirectly, that he or she is |
| 10 | | specially licensed, certified, endorsed, or approved in |
| 11 | | cirrology or textured hair specialization under Illinois law |
| 12 | | unless the person holds the applicable credential issued under |
| 13 | | this Act. |
| 14 | | (d) Use of similar or confusing titles. A person may not |
| 15 | | use any title, description, words, symbols, abbreviation, or |
| 16 | | other designation that is likely to mislead the public into |
| 17 | | believing that the person is licensed, approved, or registered |
| 18 | | under this Act when that person is not licensed, approved, or |
| 19 | | registered under this Act. |
| 20 | | (e) Business and entity representations. A business |
| 21 | | entity, school, shop, sponsor, employer, institution, or |
| 22 | | organization may not advertise, promote, or hold itself out as |
| 23 | | a licensed cirrology school, registered cirrology shop, |
| 24 | | approved continuing education sponsor, approved apprenticeship |
| 25 | | partner, or approved partner employer unless the applicable |
| 26 | | approval, registration, or license has been issued by the |
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| 1 | | Department under this Act. |
| 2 | | (f) Existing licensees under other Acts. Nothing in this |
| 3 | | Act prohibits a person licensed under another Illinois |
| 4 | | licensing Act from using the title authorized by that Act. |
| 5 | | However, a person licensed under another Act may not use the |
| 6 | | title "cirrologist" or any other title protected under this |
| 7 | | Act and may not represent that he or she is licensed, approved, |
| 8 | | certified, endorsed, or registered under this Act, unless he |
| 9 | | or she holds the applicable credential issued under this Act. |
| 10 | | (g) Cosmetologists and barbers. A cosmetologist, barber, |
| 11 | | or other person licensed under another Act may continue to |
| 12 | | perform services otherwise authorized under that person's |
| 13 | | existing license. However, no person may represent that he or |
| 14 | | she is licensed in cirrology, specially authorized in |
| 15 | | cirrology, or approved to teach, supervise, regulate, or |
| 16 | | provide instruction in cirrology unless licensed, approved, or |
| 17 | | registered under this Act. |
| 18 | | (h) Schools offering cirrology programs. A barber school, |
| 19 | | cosmetology school, or other school licensed under another Act |
| 20 | | may not advertise or offer a cirrology program, course, |
| 21 | | pathway, specialty, certificate, or course of instruction |
| 22 | | unless the cirrology program has been separately approved |
| 23 | | under this Act. |
| 24 | | (i) Apprentices and students. An apprentice or student |
| 25 | | enrolled under this Act may identify himself or herself as a |
| 26 | | cirrology apprentice or cirrology student only if currently |
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| 1 | | enrolled in a lawful program under this Act and only in a |
| 2 | | manner that does not imply full licensure as a cirrologist. |
| 3 | | (j) Effect of compliance with this Act. Use of a title |
| 4 | | protected under this Act shall constitute a representation to |
| 5 | | the public that the person or entity is subject to the |
| 6 | | standards, requirements, oversight, and discipline established |
| 7 | | by this Act. |
| 8 | | (k) Violations. A violation of this Section constitutes an |
| 9 | | unlawful representation and is grounds for discipline, denial |
| 10 | | of licensure, refusal to issue or renew a license, civil |
| 11 | | penalty, cease and desist action, or other enforcement |
| 12 | | authorized under this Act. |
| 13 | | Section 6. Categories of licensure, registration, and |
| 14 | | approval. |
| 15 | | (a) Credentials created under this Act. The Department |
| 16 | | shall administer and issue the licenses, registrations, |
| 17 | | approvals, and program recognitions established under this |
| 18 | | Act. No person or entity may practice, operate, advertise, |
| 19 | | instruct, sponsor, host, supervise, or otherwise hold itself |
| 20 | | out as authorized under any category created by this Act |
| 21 | | unless the applicable credential has been issued, approved, or |
| 22 | | recognized by the Department in accordance with this Act and |
| 23 | | rules adopted under this Act. |
| 24 | | (b) Licensed cirrologist. The Department shall issue a |
| 25 | | license as a licensed cirrologist to an individual who has met |
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| 1 | | the qualifications established under this Act to engage in the |
| 2 | | practice of cirrology for compensation. |
| 3 | | A licensed cirrologist may: |
| 4 | | (1) perform services within the scope of practice |
| 5 | | authorized by Section 4 of this Act; |
| 6 | | (2) provide textured hair care, protective styling, |
| 7 | | braiding, loc care, natural hair maintenance, |
| 8 | | scalp-supportive nonchemical services, and related client |
| 9 | | education authorized under this Act; |
| 10 | | (3) practice as an individual, employee, independent |
| 11 | | contractor, shop owner, educator if otherwise qualified, |
| 12 | | or in another lawful professional capacity consistent with |
| 13 | | this Act; and |
| 14 | | (4) supervise apprentices, students, or trainees only |
| 15 | | to the extent permitted by this Act and rules adopted |
| 16 | | under this Act. |
| 17 | | A licensed cirrologist shall not teach in a licensed |
| 18 | | school, serve as an approved instructor for related |
| 19 | | instruction, or supervise a cirrology apprenticeship program |
| 20 | | unless otherwise authorized by this Act or by separate |
| 21 | | credential where required. |
| 22 | | (c) Licensed cirrology teacher. The Department shall issue |
| 23 | | a license as a licensed cirrology teacher to an individual who |
| 24 | | has met the qualifications established under this Act to teach |
| 25 | | cirrology theory, practical skills, professional standards, |
| 26 | | sanitation, safety, law, business practices, and related |
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| 1 | | subject matter approved under this Act. |
| 2 | | A licensed cirrology teacher may: |
| 3 | | (1) teach in a licensed cirrology school; |
| 4 | | (2) provide instruction in an approved cirrology |
| 5 | | program offered through a separately approved school or |
| 6 | | institutional partner where permitted under this Act; |
| 7 | | (3) provide related instruction for a cirrology |
| 8 | | apprenticeship program if authorized under this Act and |
| 9 | | rules; |
| 10 | | (4) evaluate student or apprentice competency in |
| 11 | | accordance with approved curriculum and Department |
| 12 | | requirements; and |
| 13 | | (5) perform any act otherwise authorized to a licensed |
| 14 | | cirrologist, if the teacher also maintains the |
| 15 | | professional standing required by this Act. |
| 16 | | No person may hold himself or herself out as a licensed |
| 17 | | cirrology teacher without the license required by this Act. |
| 18 | | (d) Licensed cirrology school. The Department shall issue |
| 19 | | a license as a licensed cirrology school to a school, |
| 20 | | institution, or approved educational entity that has met the |
| 21 | | qualifications established under this Act to provide a |
| 22 | | cirrology course of instruction, clinical training, student |
| 23 | | services, and other educational functions required for |
| 24 | | licensure. |
| 25 | | A licensed cirrology school may: |
| 26 | | (1) enroll and instruct students in cirrology; |
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| 1 | | (2) provide the curriculum, clock hours, practical |
| 2 | | training, and evaluations required under this Act; |
| 3 | | (3) operate a student clinic or other approved |
| 4 | | instructional setting consistent with this Act and |
| 5 | | Department rules; |
| 6 | | (4) employ or contract with licensed cirrology |
| 7 | | teachers and other authorized personnel; |
| 8 | | (5) partner with approved apprenticeship partners, |
| 9 | | approved partner employers, community colleges, high |
| 10 | | schools, or other approved entities to the extent |
| 11 | | permitted under this Act; and |
| 12 | | (6) issue records of completion, hours, and other |
| 13 | | official school documentation required under this Act. |
| 14 | | No person or entity may advertise, operate, or hold itself |
| 15 | | out as a licensed cirrology school unless licensed by the |
| 16 | | Department under this Act. |
| 17 | | (e) Approved continuing education sponsor. The Department |
| 18 | | shall approve an entity as an approved continuing education |
| 19 | | sponsor to offer continuing education courses, training, |
| 20 | | seminars, workshops, online instruction, or other approved |
| 21 | | learning activities for renewal, competency development, |
| 22 | | instructor development, public safety, sanitation, law, |
| 23 | | ethics, business practice, or other subjects authorized under |
| 24 | | this Act. |
| 25 | | An approved continuing education sponsor may: |
| 26 | | (1) develop and offer continuing education content for |
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| 1 | | persons credentialed under this Act; |
| 2 | | (2) issue certificates or records of course completion |
| 3 | | in the form required by the Department; |
| 4 | | (3) offer live, hybrid, distance, or online education |
| 5 | | to the extent permitted by rule; and |
| 6 | | (4) provide professional development for |
| 7 | | practitioners, teachers, schools, shops, approved |
| 8 | | apprenticeship partners, and approved partner employers |
| 9 | | where authorized under this Act. |
| 10 | | Approval as a continuing education sponsor does not |
| 11 | | authorize the sponsor to issue licenses, operate a school, or |
| 12 | | represent that completion of sponsor-offered coursework alone |
| 13 | | constitutes licensure unless expressly provided by this Act. |
| 14 | | (f) Registered cirrology shop. The Department shall issue |
| 15 | | a registration as a registered cirrology shop to a person or |
| 16 | | entity that has met the requirements established under this |
| 17 | | Act to operate a salon, shop, suite, fixed place of business, |
| 18 | | or other registered location, and any mobile shop or salon if |
| 19 | | authorized by rule, for the performance of cirrology services |
| 20 | | for compensation. |
| 21 | | A registered cirrology shop may: |
| 22 | | (1) provide cirrology services through persons |
| 23 | | lawfully credentialed under this Act or otherwise |
| 24 | | authorized by law; |
| 25 | | (2) employ, contract with, or host licensed |
| 26 | | practitioners consistent with this Act; |
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| 1 | | (3) maintain a place of business for consumer |
| 2 | | services, consultation, and related retail or educational |
| 3 | | functions permitted by law; and |
| 4 | | (4) apply for approval as an approved partner employer |
| 5 | | if it meets the apprenticeship training, supervision, |
| 6 | | recordkeeping, and compliance requirements established |
| 7 | | under this Act. |
| 8 | | A person or entity may not operate a cirrology salon or |
| 9 | | shop without a certificate of registration issued by the |
| 10 | | Department as a registered cirrology shop. |
| 11 | | (g) Approved apprenticeship partner. The Department shall |
| 12 | | approve an institution, program, or organization as an |
| 13 | | approved apprenticeship partner to collaborate in hosting, |
| 14 | | supporting, coordinating, or providing related instruction, |
| 15 | | pre-apprenticeship services, supportive services, educational |
| 16 | | coordination, or other approved apprenticeship-related |
| 17 | | functions for a cirrology apprenticeship program. |
| 18 | | An approved apprenticeship partner may include, but is not |
| 19 | | limited to: |
| 20 | | (1) a community college; |
| 21 | | (2) a high school; |
| 22 | | (3) a career and technical education program; |
| 23 | | (4) a licensed cirrology school; |
| 24 | | (5) a nonprofit training provider; |
| 25 | | (6) a workforce training organization; or |
| 26 | | (7) another approved educational or community-based |
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| 1 | | partner. |
| 2 | | An approved apprenticeship partner may: |
| 3 | | (1) provide or coordinate related instruction; |
| 4 | | (2) host or support a pre-apprenticeship program; |
| 5 | | (3) provide student, apprentice, or trainee support |
| 6 | | services; |
| 7 | | (4) coordinate scheduling, records, evaluations, |
| 8 | | mentoring, and program progression as authorized by rule; |
| 9 | | (5) enter into collaboration agreements with approved |
| 10 | | partner employers, licensed cirrology schools, public |
| 11 | | institutions, or community-based partners; and |
| 12 | | (6) perform other apprenticeship support functions |
| 13 | | authorized by this Act. |
| 14 | | Approval as an approved apprenticeship partner does not by |
| 15 | | itself authorize independent practice of cirrology or |
| 16 | | operation of a registered cirrology shop unless otherwise |
| 17 | | credentialed under this Act. |
| 18 | | (h) Approved partner employer. The Department shall |
| 19 | | approve a person, business, organization, or work site as an |
| 20 | | approved partner employer to employ and provide paid |
| 21 | | on-the-job training to an apprentice enrolled in a cirrology |
| 22 | | apprenticeship program under the supervision required by this |
| 23 | | Act. |
| 24 | | An approved partner employer may include, but is not |
| 25 | | limited to: |
| 26 | | (1) a registered cirrology shop; |
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| 1 | | (2) a licensed cirrology school operating an approved |
| 2 | | training site as permitted by this Act; |
| 3 | | (3) a beauty retail, wellness, educational, |
| 4 | | production, media, community-based, or other |
| 5 | | Department-approved work site capable of providing |
| 6 | | supervised training within the lawful scope of practice |
| 7 | | established by this Act; or |
| 8 | | (4) another work site approved by the Department upon |
| 9 | | recommendation of the Board. |
| 10 | | An approved partner employer may: |
| 11 | | (1) employ apprentices; |
| 12 | | (2) provide paid work-based learning and supervised |
| 13 | | practical training; |
| 14 | | (3) enter into agreements with approved apprenticeship |
| 15 | | partners, licensed cirrology schools, or other approved |
| 16 | | entities; |
| 17 | | (4) evaluate and document apprentice performance in |
| 18 | | the manner required by this Act; and |
| 19 | | (5) participate in a cirrology apprenticeship program |
| 20 | | in accordance with this Act and rules. |
| 21 | | Approval as an approved partner employer does not by |
| 22 | | itself authorize the employer to practice cirrology unless the |
| 23 | | employer or the individuals providing services are otherwise |
| 24 | | licensed or authorized under this Act. |
| 25 | | (i) Cirrology apprenticeship program. The Department shall |
| 26 | | recognize and regulate a cirrology apprenticeship program as a |
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| 1 | | paid, structured, supervised training pathway approved under |
| 2 | | this Act through which an enrolled apprentice receives |
| 3 | | compensated on-the-job learning, related instruction, |
| 4 | | evaluation, and competency development toward licensure as a |
| 5 | | cirrologist. |
| 6 | | A cirrology apprenticeship program shall: |
| 7 | | (1) be carried out in collaboration with an approved |
| 8 | | partner employer and, where applicable, an approved |
| 9 | | apprenticeship partner; |
| 10 | | (2) operate under the supervision required by this |
| 11 | | Act; |
| 12 | | (3) comply with Department standards for hours, |
| 13 | | competency, related instruction, wages, records, and |
| 14 | | consumer protection; and |
| 15 | | (4) serve as a lawful pathway toward licensure under |
| 16 | | this Act. |
| 17 | | Recognition of a cirrology apprenticeship program under |
| 18 | | this subsection creates an approved pathway to licensure but |
| 19 | | does not itself constitute a separate professional license for |
| 20 | | independent practice. |
| 21 | | (j) Pre-apprenticeship program. The Department may |
| 22 | | recognize a pre-apprenticeship program as a preparatory |
| 23 | | training program approved or recognized under this Act that |
| 24 | | provides foundational instruction, career exposure, |
| 25 | | work-readiness training, supportive services, or other related |
| 26 | | preparation for entry into a cirrology apprenticeship program. |
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| 1 | | A pre-apprenticeship program may be offered or coordinated |
| 2 | | by an approved apprenticeship partner, licensed cirrology |
| 3 | | school, community college, high school, workforce training |
| 4 | | organization, nonprofit provider, or other entity approved or |
| 5 | | recognized by the Department. |
| 6 | | Participation in a pre-apprenticeship program: |
| 7 | | (1) does not authorize independent practice under this |
| 8 | | Act; |
| 9 | | (2) does not by itself constitute licensure or |
| 10 | | registration; and |
| 11 | | (3) may qualify a participant for advanced standing, |
| 12 | | preferred entry, or related credit toward apprenticeship |
| 13 | | or education requirements only to the extent permitted by |
| 14 | | this Act or by rule. |
| 15 | | (k) Separate credential required. Each category created |
| 16 | | under this Act is separate and distinct. Holding one |
| 17 | | credential under this Act does not automatically authorize a |
| 18 | | person or entity to act under another category unless |
| 19 | | expressly provided by this Act. |
| 20 | | Without limitation: |
| 21 | | (1) licensure as a cirrologist does not automatically |
| 22 | | authorize a person to act as a licensed cirrology teacher, |
| 23 | | licensed cirrology school, approved continuing education |
| 24 | | sponsor, approved apprenticeship partner, approved partner |
| 25 | | employer, or registered cirrology shop; |
| 26 | | (2) registration as a registered cirrology shop does |
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| 1 | | not automatically authorize participation as an approved |
| 2 | | partner employer; |
| 3 | | (3) approval as an approved apprenticeship partner |
| 4 | | does not automatically authorize operation of a school or |
| 5 | | shop; and |
| 6 | | (4) approval as an approved continuing education |
| 7 | | sponsor does not automatically authorize operation of a |
| 8 | | licensed school or apprenticeship program. |
| 9 | | (l) Department authority. The Department may issue, renew, |
| 10 | | deny, refuse to renew, suspend, revoke, place on probation, |
| 11 | | restrict, or otherwise discipline any license, registration, |
| 12 | | approval, or program recognition created under this Act in |
| 13 | | accordance with this Act and rules adopted under this Act. |
| 14 | | (m) Board recommendation. For all credential categories |
| 15 | | specific to cirrology, the Department shall act in |
| 16 | | consultation with, and where required by this Act shall first |
| 17 | | obtain the recommendation of, the Board concerning standards, |
| 18 | | qualifications, curriculum, training, supervision, approval |
| 19 | | criteria, and other matters necessary to implement this |
| 20 | | Section. |
| 21 | | (n) Rulemaking. The Department may adopt rules necessary |
| 22 | | to administer the categories of licensure, registration, |
| 23 | | approval, and program recognition created under this Section, |
| 24 | | including rules concerning applications, renewals, |
| 25 | | documentation, recordkeeping, compliance, discipline, display |
| 26 | | of credentials, consumer notice, and operational standards, |
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| 1 | | consistent with this Act. |
| 2 | | Section 7. Qualifications for licensed cirrologist. |
| 3 | | (a) License required. No person may practice cirrology for |
| 4 | | compensation in this State or hold himself or herself out as a |
| 5 | | licensed cirrologist unless licensed by the Department under |
| 6 | | this Act, except as otherwise expressly provided by this Act. |
| 7 | | (b) Primary pathway to licensure. The primary pathway to |
| 8 | | licensure as a licensed cirrologist shall be successful |
| 9 | | completion of a licensed cirrology school program consisting |
| 10 | | of not less than 600 clock hours of instruction and supervised |
| 11 | | practical training in the required areas of study established |
| 12 | | under this Act. |
| 13 | | The school pathway established in this subsection shall be |
| 14 | | the standard pathway for all new applicants unless the |
| 15 | | applicant qualifies under a secondary pathway established in |
| 16 | | this Section. |
| 17 | | (c) Minimum qualifications. An applicant for licensure as |
| 18 | | a licensed cirrologist shall: |
| 19 | | (1) submit a completed application on forms prescribed |
| 20 | | by the Department; |
| 21 | | (2) pay the required application or licensure fee; |
| 22 | | (3) meet the minimum age, identity, and general |
| 23 | | eligibility requirements established by this Act or by |
| 24 | | rule; |
| 25 | | (4) demonstrate fitness for licensure in accordance |
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| 1 | | with applicable Illinois law; and |
| 2 | | (5) satisfy one of the licensure pathways provided in |
| 3 | | this Section. |
| 4 | | (d) Required areas of study. The 600-hour cirrology |
| 5 | | program required under subsection (b) shall include |
| 6 | | instruction designed to prepare the applicant for safe, |
| 7 | | ethical, and competent practice in the care of textured hair |
| 8 | | by nonchemical methods. The required course of study shall |
| 9 | | include, at a minimum, the following subject areas: |
| 10 | | (1) heritage studies of textured hair, including the |
| 11 | | cultural history and evolution of textured hair practices |
| 12 | | and hair braiding traditions; |
| 13 | | (2) industry terms, definitions, and career pathways |
| 14 | | within cirrology; |
| 15 | | (3) the science of textured hair and scalp health; |
| 16 | | (4) anatomy and physiology related to hair growth, |
| 17 | | scalp health, and skin function; |
| 18 | | (5) disinfection, sanitation, infection control, and |
| 19 | | public health; |
| 20 | | (6) bacteriology and common scalp-related concerns |
| 21 | | relevant to safe practice; |
| 22 | | (7) disorders and diseases of the hair and scalp |
| 23 | | requiring recognition or referral; |
| 24 | | (8) Occupational Safety and Health Administration |
| 25 | | standards and material safety requirements relevant to |
| 26 | | professional practice; |
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| 1 | | (9) tools, implements, and equipment used in |
| 2 | | cirrology; |
| 3 | | (10) nontoxic product knowledge and nonchemical |
| 4 | | treatment applications; |
| 5 | | (11) herbal hair and scalp treatments; |
| 6 | | (12) client consultation, assessment, design |
| 7 | | principles, and service planning; |
| 8 | | (13) textured hair cleansing, conditioning, |
| 9 | | management, and maintenance; |
| 10 | | (14) braid removal techniques and scalp care; |
| 11 | | (15) style preparation, parting systems, pattern |
| 12 | | design, and sectioning; |
| 13 | | (16) client health education, including pre-care, |
| 14 | | post-care, home-care, and follow-up services; |
| 15 | | (17) natural styling methods, including dusting, |
| 16 | | shaping, and defining; |
| 17 | | (18) hair braiding; |
| 18 | | (19) hair locking and loc maintenance; |
| 19 | | (20) hair extension application procedures; |
| 20 | | (21) cornrows with and without extensions; |
| 21 | | (22) variations of twists, knots, weaving, and sewn-in |
| 22 | | methods; |
| 23 | | (23) additional procedures related to textured hair |
| 24 | | care services within the scope of this Act; |
| 25 | | (24) product knowledge related to natural styling, |
| 26 | | textured hair styling, and hair braiding; |
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| 1 | | (25) salon and practice management; |
| 2 | | (26) marketing, branding, merchandising, client |
| 3 | | retention, and professional development; and |
| 4 | | (27) this Act and applicable rules and laws governing |
| 5 | | practice. |
| 6 | | (e) Apprenticeship pathway. An applicant may qualify for |
| 7 | | licensure as a licensed cirrologist through completion of a |
| 8 | | cirrology apprenticeship program approved under this Act. The |
| 9 | | apprenticeship pathway shall remain available as a secondary |
| 10 | | pathway intended to expand access to licensure and reduce |
| 11 | | barriers to entry for underserved communities. |
| 12 | | An applicant under this subsection shall: |
| 13 | | (1) complete a cirrology apprenticeship program |
| 14 | | approved under this Act; |
| 15 | | (2) complete the required supervised paid on-the-job |
| 16 | | training hours established under this Act; |
| 17 | | (3) complete the required related instruction |
| 18 | | established under this Act; |
| 19 | | (4) satisfy the supervision, recordkeeping, |
| 20 | | evaluation, and competency requirements established by |
| 21 | | this Act and by rule; and |
| 22 | | (5) pass any examination required under this Act. |
| 23 | | Nothing in this subsection shall be construed to diminish |
| 24 | | the school pathway as the primary pathway to licensure. |
| 25 | | (f) Automatic transitional pathway for current hair |
| 26 | | braider licensees. During the 18-month transition period |
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| 1 | | established under this Act, any person holding an active |
| 2 | | Illinois hair braider license in good standing shall be |
| 3 | | eligible for automatic transition into the corresponding |
| 4 | | cirrology licensure category for renewal purposes. |
| 5 | | The Department shall allow the license holder to renew |
| 6 | | under the designated cirrology category without requiring |
| 7 | | completion of the full 600-hour cirrology school program at |
| 8 | | the time of transition, subject only to any limited |
| 9 | | sanitation, public health, legal, or administrative transition |
| 10 | | requirement established by rule. |
| 11 | | All hair braider license expiration and renewal dates of |
| 12 | | October 31 of even-numbered years shall automatically apply to |
| 13 | | the corresponding cirrology license category during the |
| 14 | | transition period and until superseded by law or rule adopted |
| 15 | | under this Act. |
| 16 | | (g) Examination. Applicants for licensure as a licensed |
| 17 | | cirrologist shall pass any written, practical, or other |
| 18 | | examination required under this Act. Any examination required |
| 19 | | under this Act shall measure competency in technical |
| 20 | | knowledge, practical skills, sanitation, client safety, and |
| 21 | | public protection. |
| 22 | | The Department, upon recommendation of the Board, may |
| 23 | | provide limited examination alternatives, waivers, or |
| 24 | | transition-specific examination requirements for applicants |
| 25 | | qualifying under subsection (e) or (f), consistent with the |
| 26 | | purpose of this Act. |
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| 1 | | (h) Issuance of license. The Department shall issue a |
| 2 | | license as a licensed cirrologist to any applicant who meets |
| 3 | | the requirements of this Section and any other applicable |
| 4 | | requirements of this Act. |
| 5 | | (i) Scope of license. Licensure as a licensed cirrologist |
| 6 | | authorizes the holder to practice cirrology within the scope |
| 7 | | established by Section 4 of this Act. A license issued under |
| 8 | | this Section does not, by itself, authorize the holder to act |
| 9 | | as a licensed cirrology teacher, operate a licensed cirrology |
| 10 | | school, operate a registered cirrology shop, function as an |
| 11 | | approved apprenticeship partner, function as an approved |
| 12 | | partner employer, or act as an approved continuing education |
| 13 | | sponsor unless separately licensed, approved, or registered |
| 14 | | under this Act. |
| 15 | | (i-5) Renewal; continuing education. A licensed |
| 16 | | cirrologist shall renew the license in the manner prescribed |
| 17 | | by the Department. As a condition of renewal, a licensed |
| 18 | | cirrologist shall complete 8 hours of continuing education |
| 19 | | every 2 years. The required hours shall include subjects |
| 20 | | related to safety, sanitation, ethics, innovation, client |
| 21 | | care, public protection, or other subjects approved by the |
| 22 | | Department upon recommendation of the Board. |
| 23 | | (j) Rulemaking authority. The Department may adopt rules |
| 24 | | necessary to implement this Section, including rules |
| 25 | | concerning application procedures, documentation, |
| 26 | | examinations, grandfathering, temporary licensure, transition |
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| 1 | | requirements, proof of experience, and related administrative |
| 2 | | standards, upon recommendation of the Board where required |
| 3 | | under this Act. |
| 4 | | Section 7.1. Cirrology apprenticeship program; purpose. |
| 5 | | The cirrology apprenticeship program is established to expand |
| 6 | | access to licensure, paid training, entrepreneurship, and |
| 7 | | career pathways in textured hair care through work-based |
| 8 | | learning that protects public health and consumer safety while |
| 9 | | reducing unnecessary barriers to entry. |
| 10 | | Section 7.2. Three-way apprenticeship model. A cirrology |
| 11 | | apprenticeship program shall operate through a 3-way |
| 12 | | partnership among: |
| 13 | | (1) an approved apprenticeship partner that provides |
| 14 | | related instruction, educational support, or |
| 15 | | pre-apprenticeship preparation; |
| 16 | | (2) an approved partner employer that provides paid |
| 17 | | on-the-job training and workplace experience; and |
| 18 | | (3) a supervising licensed cirrologist or licensed |
| 19 | | cirrology teacher responsible for oversight of practical |
| 20 | | training and competency development. |
| 21 | | Section 7.3. Approved apprenticeship partner. |
| 22 | | (a) The Department may approve as an approved partner: |
| 23 | | (1) a community college; |
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| 1 | | (2) a high school or career and technical education |
| 2 | | program; |
| 3 | | (3) a licensed cirrology school; |
| 4 | | (4) a nonprofit or community-based workforce training |
| 5 | | provider; |
| 6 | | (5) a public workforce system partner; or |
| 7 | | (6) another institution capable of delivering related |
| 8 | | instruction, pre-apprenticeship training, supportive |
| 9 | | services, or educational coordination under this Act. |
| 10 | | (b) An approved apprenticeship partner may: |
| 11 | | (1) provide related instruction; |
| 12 | | (2) provide pre-apprenticeship training; |
| 13 | | (3) deliver career-readiness, business, or |
| 14 | | entrepreneurship content; |
| 15 | | (4) assist with supportive services, mentoring, |
| 16 | | transportation, and retention; |
| 17 | | (5) coordinate credit, articulation, or stackable |
| 18 | | credentials where authorized by law; and |
| 19 | | (6) enter into agreements with licensed cirrology |
| 20 | | schools, community colleges, high schools, and approved |
| 21 | | partner employers. |
| 22 | | Section 7.4. Approved partner employers. |
| 23 | | (a) The Department may approve an approved partner |
| 24 | | employer that demonstrates the ability to provide paid, |
| 25 | | supervised, competency-based training within the scope of |
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| 1 | | practice authorized by this Act. |
| 2 | | (b) An approved partner employer may include: |
| 3 | | (1) a registered cirrology shop; |
| 4 | | (2) a licensed cirrology school operating a |
| 5 | | student-training site; |
| 6 | | (3) a beauty retail, education, media, wellness, or |
| 7 | | product-demonstration setting approved by the Department |
| 8 | | upon recommendation of the Board; |
| 9 | | (4) a community-based enterprise or social enterprise |
| 10 | | offering textured hair services within the lawful scope of |
| 11 | | this Act; or |
| 12 | | (5) another approved work site capable of providing |
| 13 | | lawful supervised training and consumer-safe service |
| 14 | | exposure. |
| 15 | | (c) An approved partner employer may not provide |
| 16 | | apprenticeship training unless: |
| 17 | | (1) it is in good standing with all required |
| 18 | | registrations or licenses; |
| 19 | | (2) it maintains sanitation, health, and safety |
| 20 | | compliance; |
| 21 | | (3) it designates a supervising licensed cirrologist |
| 22 | | or licensed cirrology teacher; |
| 23 | | (4) it maintains training records, evaluations, and |
| 24 | | wage documentation; and |
| 25 | | (5) it enters into a written apprenticeship agreement |
| 26 | | required under this Act. |
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| 1 | | Section 7.5. Compensation. |
| 2 | | (a) An individual participating in a cirrology |
| 3 | | apprenticeship program shall receive compensation for work |
| 4 | | performed. |
| 5 | | (b) An apprentice may not be classified as an unpaid |
| 6 | | intern for hours worked in the apprenticeship program. |
| 7 | | (c) Compensation shall comply with applicable State and |
| 8 | | federal wage and labor laws. |
| 9 | | (d) Nothing in this Act shall prohibit wages paid through |
| 10 | | employer funds, workforce-development grants, public training |
| 11 | | support, or other lawful funding arrangements. |
| 12 | | Section 7.6. Apprenticeship requirements. |
| 13 | | (a) The apprenticeship pathway for licensure as a |
| 14 | | cirrologist shall consist of: |
| 15 | | (1) not less than 1,200 hours of supervised paid |
| 16 | | practical training; and |
| 17 | | (2) not less than 150 hours of related instruction in |
| 18 | | sanitation, safety, textured hair science, law, ethics, |
| 19 | | client care, and professional practice; unless otherwise |
| 20 | | adjusted by rule upon recommendation of the Board. |
| 21 | | (b) Related instruction may be provided by an approved |
| 22 | | partner, a licensed cirrology school, or another provider |
| 23 | | approved by the Department. |
| 24 | | (c) Apprenticeship training shall be structured as a |
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| 1 | | one-year program unless otherwise extended or modified by rule |
| 2 | | for cause, interruption, disability accommodation, or |
| 3 | | part-time participation. |
| 4 | | (d) The Department, upon recommendation of the Board, may |
| 5 | | allow competency-based progression, partial credit for prior |
| 6 | | learning, and stackable credential models, provided that |
| 7 | | consumer protection, sanitation, and public safety are not |
| 8 | | reduced. |
| 9 | | Section 7.7. Supervision and agreements. |
| 10 | | (a) Every apprentice shall work under the direct |
| 11 | | supervision required by rule of a licensed cirrologist or |
| 12 | | licensed cirrology teacher. |
| 13 | | (b) During the transition period, a licensed hair braider |
| 14 | | in good standing may serve as supervising licensee if |
| 15 | | authorized by rule and if the person completes any required |
| 16 | | transition module. |
| 17 | | (c) A supervising licensee may supervise no more than one |
| 18 | | apprentice at a time unless otherwise authorized by rule upon |
| 19 | | recommendation of the Board. |
| 20 | | (d) Each apprenticeship shall be governed by a written |
| 21 | | agreement executed by: |
| 22 | | (1) the apprentice; |
| 23 | | (2) the approved apprenticeship partner, if |
| 24 | | applicable; |
| 25 | | (3) the approved partner employer; |
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| 1 | | (4) the supervising licensee; and |
| 2 | | (5) the licensed cirrology school or related |
| 3 | | instruction provider, if applicable. |
| 4 | | (e) The agreement shall specify: |
| 5 | | (1) the duration of the apprenticeship; |
| 6 | | (2) compensation terms; |
| 7 | | (3) required competencies; |
| 8 | | (4) related instruction obligations; |
| 9 | | (5) supervision standards; |
| 10 | | (6) evaluation procedures; |
| 11 | | (7) attendance and recordkeeping requirements; and |
| 12 | | (8) conditions for completion, discipline, transfer, |
| 13 | | or termination. |
| 14 | | Section 7.8. Workforce and education collaboration. |
| 15 | | (a) The Department, in consultation with the Board of |
| 16 | | Cirrology, may collaborate with the Illinois Small Business |
| 17 | | Development Centers, the Department of Commerce and Economic |
| 18 | | Opportunity, and other workforce and entrepreneurship programs |
| 19 | | to provide business training, financial literacy, and |
| 20 | | technical assistance to cirrology licensees seeking to |
| 21 | | establish or expand small businesses. |
| 22 | | (b) To the extent permitted by law, the Department may |
| 23 | | collaborate with: |
| 24 | | (1) local workforce innovation boards; |
| 25 | | (2) Illinois WorkNet Centers; |
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| 1 | | (3) the Department of Commerce and Economic |
| 2 | | Opportunity; |
| 3 | | (4) the Department of Employment Security; |
| 4 | | (5) the Department of Labor; |
| 5 | | (6) community colleges; |
| 6 | | (7) high schools and career and technical education |
| 7 | | programs; and |
| 8 | | (8) nonprofit, community-based, and |
| 9 | | entrepreneurship-support organizations. |
| 10 | | (c) Such collaboration may include: |
| 11 | | (1) workforce training grants; |
| 12 | | (2) apprenticeship funding; |
| 13 | | (3) supportive services for trainees; |
| 14 | | (4) articulation agreements and stackable credentials; |
| 15 | | (5) continuing education and instructor training; |
| 16 | | (6) business development and entrepreneurship |
| 17 | | education; |
| 18 | | (7) minority entrepreneurship and small-business |
| 19 | | development initiatives; and |
| 20 | | (8) employment placement and career pathway support. |
| 21 | | (d) Participation by a high school or pre-apprenticeship |
| 22 | | student does not authorize independent practice of cirrology |
| 23 | | except as otherwise permitted under this Act. |
| 24 | | Section 8. Qualifications for licensed cirrology teacher. |
| 25 | | (a) License required. No person may teach cirrology theory |
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| 1 | | or practice, supervise cirrology students in a licensed school |
| 2 | | program, or hold himself or herself out as a licensed |
| 3 | | cirrology teacher unless licensed by the Department under this |
| 4 | | Act, except as otherwise expressly provided by this Act. |
| 5 | | (b) Primary pathway to licensure. The primary pathway to |
| 6 | | licensure as a licensed cirrology teacher shall be successful |
| 7 | | completion of an approved cirrology teacher-training program. |
| 8 | | The teacher-training pathway shall be the standard pathway for |
| 9 | | all new applicants unless the applicant qualifies under a |
| 10 | | secondary or transitional pathway established in this Section. |
| 11 | | (c) Minimum qualifications. An applicant for licensure as |
| 12 | | a licensed cirrology teacher shall: |
| 13 | | (1) complete not less than 600 clock hours of teacher |
| 14 | | training, or 500 clock hours if the applicant documents at |
| 15 | | least 2 years of practical experience in the field, as |
| 16 | | provided under the standards of this Act; |
| 17 | | (2) complete the required areas of study established |
| 18 | | for instructor preparation under this Act; |
| 19 | | (3) receive official proof of completion in the form |
| 20 | | required by the Department; and |
| 21 | | (4) pass any examination or competency evaluation |
| 22 | | required under this Act. |
| 23 | | (d) Required areas of study for teacher training. A |
| 24 | | teacher-training program under this Act shall prepare the |
| 25 | | applicant to safely, ethically, and competently instruct |
| 26 | | students and trainees in the theory and practice of cirrology. |
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| 1 | | The required course of study shall include, at a minimum, the |
| 2 | | following subject areas: |
| 3 | | (1) teaching methods, educational psychology, and |
| 4 | | instructional planning; |
| 5 | | (2) lesson planning, curriculum development, and |
| 6 | | course organization; |
| 7 | | (3) classroom management and student engagement; |
| 8 | | (4) supervision of practical instruction, clinic |
| 9 | | instruction, and demonstration methods; |
| 10 | | (5) evaluation, grading, competency verification, and |
| 11 | | student progress tracking; |
| 12 | | (6) sanitation, disinfection, infection control, |
| 13 | | public health, and safety instruction; |
| 14 | | (7) this Act and applicable rules governing |
| 15 | | instruction, schools, and professional practice; |
| 16 | | (8) recordkeeping, attendance, transcript standards, |
| 17 | | and educational documentation; |
| 18 | | (9) culturally responsive instruction and |
| 19 | | communication in textured hair education; |
| 20 | | (10) observation and supervised practice teaching; |
| 21 | | (11) professionalism, educator ethics, and student |
| 22 | | protection; and |
| 23 | | (12) any additional teacher preparation subjects |
| 24 | | required under this Act or by rule. |
| 25 | | (e) Examination or competency evaluation. Applicants for |
| 26 | | licensure as a licensed cirrology teacher shall pass any |
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| 1 | | written, oral, practical, performance-based, or other |
| 2 | | examination or competency evaluation required under this Act. |
| 3 | | Any such examination or evaluation shall measure |
| 4 | | instructional competency, subject matter knowledge, sanitation |
| 5 | | and safety teaching ability, student supervision, and educator |
| 6 | | professionalism. |
| 7 | | The Department, upon recommendation of the Board, may |
| 8 | | provide limited examination alternatives, waivers, or |
| 9 | | transition-specific evaluation requirements for applicants, |
| 10 | | consistent with the purpose of this Act. |
| 11 | | (f) Issuance of license. The Department shall issue a |
| 12 | | license as a licensed cirrology teacher to any applicant who |
| 13 | | meets the requirements of this Section and any other |
| 14 | | applicable requirements of this Act. |
| 15 | | (g) Scope of license. Licensure as a licensed cirrology |
| 16 | | teacher authorizes the holder to teach cirrology theory and |
| 17 | | practice, supervise students in approved school settings, |
| 18 | | provide instruction in approved educational programs, and |
| 19 | | perform other instructional functions authorized under this |
| 20 | | Act. A license issued under this Section does not, by itself, |
| 21 | | authorize the holder to operate a licensed cirrology school, |
| 22 | | operate a registered cirrology shop, function as an approved |
| 23 | | apprenticeship partner, function as an approved partner |
| 24 | | employer, or act as an approved continuing education sponsor |
| 25 | | unless separately licensed, approved, or registered under this |
| 26 | | Act. |
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| 1 | | (h) Renewal; continuing education. A licensed cirrology |
| 2 | | teacher shall renew the license in the manner prescribed by |
| 3 | | the Department. As a condition of renewal, a licensed |
| 4 | | cirrology teacher shall complete 10 hours of continuing |
| 5 | | education every 2 years. The required hours shall include |
| 6 | | safety, new techniques, educational standards, professional |
| 7 | | ethics, sanitation, and other subjects approved by the |
| 8 | | Department upon recommendation of the Board. |
| 9 | | (i) Rulemaking authority. The Department may adopt rules |
| 10 | | necessary to implement this Section, including rules |
| 11 | | concerning application procedures, required teaching |
| 12 | | experience, teacher-training standards, examinations, |
| 13 | | grandfathering, transition requirements, proof of |
| 14 | | instructional experience, renewal, and related administrative |
| 15 | | standards, upon recommendation of the Board as required under |
| 16 | | this Act. |
| 17 | | Section 9. Qualifications for licensed cirrology school. |
| 18 | | (a) School license required. No person, school, |
| 19 | | institution, business, or other entity may advertise, operate, |
| 20 | | or hold itself out as a licensed cirrology school unless |
| 21 | | licensed by the Department under this Act. |
| 22 | | (b) Purpose. A licensed cirrology school shall provide the |
| 23 | | primary educational pathway for licensure under this Act and |
| 24 | | shall deliver the required 600-hour cirrology program and |
| 25 | | 600-hour teacher program, together with any other instruction |
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| 1 | | approved under this Act, in a manner that protects students, |
| 2 | | supports public health, and prepares graduates for safe, |
| 3 | | ethical, and competent practice. |
| 4 | | (c) Qualifications for licensure. An applicant for |
| 5 | | licensure as a licensed cirrology school shall: |
| 6 | | (1) submit a completed application on forms prescribed |
| 7 | | by the Department; |
| 8 | | (2) pay the required application or licensure fee; |
| 9 | | (3) identify the legal name and ownership of the |
| 10 | | school; |
| 11 | | (4) identify the physical location of the school and |
| 12 | | any additional instructional sites; |
| 13 | | (5) demonstrate that the school has adequate |
| 14 | | classrooms, practical training space, equipment, |
| 15 | | sanitation facilities, and instructional resources to |
| 16 | | deliver the approved course of study; |
| 17 | | (6) demonstrate that the school will employ or |
| 18 | | contract with licensed cirrology teachers in sufficient |
| 19 | | number to provide proper instruction and supervision; |
| 20 | | (7) submit the proposed cirrology curriculum, course |
| 21 | | structure, and instructional schedule for approval; |
| 22 | | (8) submit enrollment, attendance, grading, |
| 23 | | completion, transcript, refund, and recordkeeping policies |
| 24 | | in the form required by the Department; |
| 25 | | (9) demonstrate the ability to comply with all health, |
| 26 | | sanitation, safety, public protection, and educational |
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| 1 | | requirements established under this Act and by rule; and |
| 2 | | (10) satisfy any other reasonable requirements |
| 3 | | established by this Act or by rule. |
| 4 | | (d) Approved course of instruction. A licensed cirrology |
| 5 | | school shall provide a State-approved course of instruction |
| 6 | | consisting of not less than 600 clock hours of instruction and |
| 7 | | supervised practical training in the required areas of study |
| 8 | | established under this Act. |
| 9 | | The school shall teach the required cirrology curriculum |
| 10 | | in a manner that includes theory, demonstration, supervised |
| 11 | | practice, practical application, safety, sanitation, law, |
| 12 | | business practices, and client-centered textured hair care |
| 13 | | within the scope of this Act. |
| 14 | | (e) Required school operations. A licensed cirrology |
| 15 | | school shall: |
| 16 | | (1) maintain an instructional environment that is |
| 17 | | safe, sanitary, and suitable for professional education; |
| 18 | | (2) provide classrooms, clinic or practical training |
| 19 | | areas, equipment, supplies, and materials reasonably |
| 20 | | necessary for instruction in cirrology; |
| 21 | | (3) provide instruction only through persons |
| 22 | | authorized under this Act to teach or supervise; |
| 23 | | (4) maintain student records, attendance records, |
| 24 | | progress records, practical training records, transcripts, |
| 25 | | and proof of completion in the manner required by the |
| 26 | | Department; |
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| 1 | | (5) maintain and disclose to students the school |
| 2 | | calendar, course outline, grading standards, completion |
| 3 | | requirements, attendance standards, and student policies; |
| 4 | | (6) ensure that students receive the minimum required |
| 5 | | instruction in the approved areas of study; |
| 6 | | (7) supervise all practical and clinical instruction |
| 7 | | in accordance with this Act and rules adopted under this |
| 8 | | Act; |
| 9 | | (8) maintain sanitation, infection control, and public |
| 10 | | health practices appropriate to a professional cirrology |
| 11 | | training environment; |
| 12 | | (9) permit inspections by the Department in accordance |
| 13 | | with this Act; and |
| 14 | | (10) comply with all other requirements necessary to |
| 15 | | protect students and the public. |
| 16 | | (f) Enrollment and student disclosures. A licensed |
| 17 | | cirrology school shall provide each student, before enrollment |
| 18 | | or within the time required by rule, with a written enrollment |
| 19 | | agreement or other approved disclosure document stating, at a |
| 20 | | minimum: |
| 21 | | (1) the name and address of the school; |
| 22 | | (2) the title and length of the program; |
| 23 | | (3) the total tuition, fees, and other charges; |
| 24 | | (4) the refund policy; |
| 25 | | (5) attendance, grading, and completion standards; |
| 26 | | (6) the school's cancellation, withdrawal, and |
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| 1 | | termination policies; |
| 2 | | (7) the conditions for graduation and issuance of |
| 3 | | proof of completion; and |
| 4 | | (8) any other disclosures required by the Department. |
| 5 | | (g) Student instruction and practical training. A licensed |
| 6 | | cirrology school may provide supervised practical instruction, |
| 7 | | student clinic services, demonstrations, and other educational |
| 8 | | activities consistent with this Act and rules adopted under |
| 9 | | this Act. |
| 10 | | Students may perform practical services only: |
| 11 | | (1) as part of an approved course of instruction; |
| 12 | | (2) under the supervision required by this Act; and |
| 13 | | (3) in a manner consistent with public health, |
| 14 | | consumer protection, and the educational purpose of the |
| 15 | | school. |
| 16 | | Nothing in this subsection authorizes a student to |
| 17 | | independently practice cirrology for compensation except as |
| 18 | | otherwise expressly permitted by law. |
| 19 | | (h) Licensed teachers required. A licensed cirrology |
| 20 | | school shall employ or contract with one or more licensed |
| 21 | | cirrology teachers sufficient to provide proper instruction |
| 22 | | and supervision. No school may provide cirrology instruction |
| 23 | | through an unlicensed person except as otherwise expressly |
| 24 | | permitted by this Act or by rule for limited guest |
| 25 | | demonstration, specialized presentation, or temporary |
| 26 | | transition purposes. |
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| 1 | | (i) Records and proof of completion. A licensed cirrology |
| 2 | | school shall maintain and preserve records in the form and for |
| 3 | | the period required by the Department, including records of: |
| 4 | | (1) student enrollment; |
| 5 | | (2) attendance and hours completed; |
| 6 | | (3) grades, evaluations, and progress; |
| 7 | | (4) practical training and clinic work; |
| 8 | | (5) completion status; |
| 9 | | (6) tuition and fees paid; |
| 10 | | (7) refunds issued; and |
| 11 | | (8) any other records required by this Act or by rule. |
| 12 | | Upon successful completion of the program, the school |
| 13 | | shall issue official proof of completion in the form required |
| 14 | | by the Department. |
| 15 | | (j) Inspection and compliance. A licensed cirrology school |
| 16 | | shall be subject to inspection, audit, and review by the |
| 17 | | Department for purposes of determining compliance with this |
| 18 | | Act and rules adopted under this Act. |
| 19 | | If the Department determines that the school is not |
| 20 | | operating in compliance with this Act, the Department may |
| 21 | | deny, refuse to renew, place on probation, suspend, revoke, |
| 22 | | restrict, or otherwise discipline the school license in |
| 23 | | accordance with this Act. |
| 24 | | (k) Additional cirrology program approval for existing |
| 25 | | schools. A barber school, cosmetology school, or other school |
| 26 | | licensed under another Illinois licensing Act may apply to the |
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| 1 | | Department for approval to add a cirrology program as a |
| 2 | | separate approved course of instruction under this Act. |
| 3 | | A school seeking approval under this subsection shall: |
| 4 | | (1) satisfy the same cirrology-specific curriculum, |
| 5 | | instructor, supervision, sanitation, recordkeeping, and |
| 6 | | student-protection requirements applicable to a licensed |
| 7 | | cirrology school under this Act; |
| 8 | | (2) obtain approval from the Department before |
| 9 | | advertising, enrolling students into, or offering the |
| 10 | | cirrology program; and |
| 11 | | (3) maintain the cirrology program as a separate |
| 12 | | approved program under this Act. |
| 13 | | Approval under this subsection shall not be construed to |
| 14 | | merge cirrology into cosmetology, barbering, or any other |
| 15 | | profession regulated under another Act. |
| 16 | | (l) Branches, satellite sites, and additional locations. |
| 17 | | The Department may require separate approval, registration, or |
| 18 | | disclosure for branch locations, satellite instructional |
| 19 | | sites, shared facilities, or other additional locations used |
| 20 | | for cirrology instruction. No additional site may be used for |
| 21 | | instruction unless authorized by the Department in accordance |
| 22 | | with this Act or by rule. |
| 23 | | (m) Transition for existing schools. During the 18-month |
| 24 | | transition period established under this Act, the Department |
| 25 | | may issue, convert, or recognize corresponding school approval |
| 26 | | under this Act for a school that previously operated, was |
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| 1 | | approved, or was recognized under prior hair braider law, |
| 2 | | provided the school is in good standing and complies with any |
| 3 | | transition requirements established by rule. |
| 4 | | The Department shall administer this subsection in a |
| 5 | | manner that preserves continuity of lawful educational |
| 6 | | operations and avoids unnecessary disruption to current |
| 7 | | students, educators, and approved programs. |
| 8 | | (n) Scope of school license. Licensure as a licensed |
| 9 | | cirrology school authorizes the holder to provide the approved |
| 10 | | cirrology course of instruction and related educational |
| 11 | | functions permitted under this Act. A school license does not, |
| 12 | | by itself, authorize the school to act as an approved |
| 13 | | continuing education sponsor, approved apprenticeship partner, |
| 14 | | approved partner employer, or registered cirrology shop unless |
| 15 | | separately approved, registered, or licensed under this Act. |
| 16 | | (o) Rulemaking authority. The Department may adopt rules |
| 17 | | necessary to implement this Section, including rules |
| 18 | | concerning school applications, facilities, curriculum |
| 19 | | approval, student-teacher ratios, records, disclosures, |
| 20 | | inspections, branch locations, transition standards, and other |
| 21 | | administrative or educational requirements, upon |
| 22 | | recommendation of the Board where required under this Act. |
| 23 | | Section 9.1. Existing barber and cosmetology schools |
| 24 | | adding cirrology as an additional program. Nothing in this Act |
| 25 | | shall be construed to limit, modify, or restrict the lawful |
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| 1 | | scope of practice of licensed cosmetologists, barbers, |
| 2 | | estheticians, or other professionals regulated under the |
| 3 | | Barber, Cosmetology, Esthetics, Hair Braiding, and Nail |
| 4 | | Technology Act of 1985. |
| 5 | | Barber and cosmetology schools may apply to add a |
| 6 | | cirrology program as a separate approved course of |
| 7 | | instruction. They must satisfy all cirrology-specific |
| 8 | | requirements. Approval does not merge cirrology into |
| 9 | | cosmetology or barbering. Board recommendation is required |
| 10 | | before Department approval. |
| 11 | | Section 10. Qualifications for approved continuing |
| 12 | | education sponsor. |
| 13 | | (a) Approval required. No person, business, school, |
| 14 | | institution, organization, association, or other entity may |
| 15 | | advertise, offer, or hold itself out as an approved continuing |
| 16 | | education sponsor under this Act unless approved by the |
| 17 | | Department. |
| 18 | | (b) Purpose. An approved continuing education sponsor |
| 19 | | shall provide continuing education designed to promote |
| 20 | | professional competency, public health, sanitation, legal |
| 21 | | compliance, educator development, business development, and |
| 22 | | safe practice within the field of cirrology. |
| 23 | | (c) Qualifications for approval. An applicant for approval |
| 24 | | as an approved continuing education sponsor shall: |
| 25 | | (1) submit a completed application on forms prescribed |
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| 1 | | by the Department; |
| 2 | | (2) pay the required application or approval fee; |
| 3 | | (3) identify the legal name and business address of |
| 4 | | the applicant; |
| 5 | | (4) identify the owner, operator, or authorized |
| 6 | | representative responsible for the continuing education |
| 7 | | program; |
| 8 | | (5) demonstrate the ability to provide organized, |
| 9 | | accurate, and professionally relevant continuing education |
| 10 | | consistent with this Act; |
| 11 | | (6) submit course topics, instructional methods, |
| 12 | | attendance procedures, completion standards, and |
| 13 | | recordkeeping procedures in the form required by the |
| 14 | | Department; and |
| 15 | | (7) satisfy any other reasonable requirements |
| 16 | | established by this Act or by rule. |
| 17 | | (d) Subjects for continuing education. Continuing |
| 18 | | education offered under this Act may include, but is not |
| 19 | | limited to, instruction in the following areas: |
| 20 | | (1) sanitation, disinfection, infection control, and |
| 21 | | public health; |
| 22 | | (2) scalp health, hair health, and safe textured hair |
| 23 | | care practices; |
| 24 | | (3) developments in natural hair care, braiding, loc |
| 25 | | care, protective styling, and nonchemical textured hair |
| 26 | | services; |
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| 1 | | (4) this Act and rules adopted under this Act; |
| 2 | | (5) professional ethics, consumer protection, and |
| 3 | | lawful scope of practice; |
| 4 | | (6) educator development and instructional methods; |
| 5 | | (7) apprenticeship supervision and workforce training |
| 6 | | support; |
| 7 | | (8) school compliance, recordkeeping, and |
| 8 | | instructional standards; |
| 9 | | (9) business practices, salon or shop management, |
| 10 | | branding, marketing, merchandising, and entrepreneurship; |
| 11 | | (10) product knowledge, nontoxic product education, |
| 12 | | and safe use of tools and implements; and |
| 13 | | (11) any other subject approved by the Department as |
| 14 | | relevant to the competency and professional development of |
| 15 | | persons credentialed under this Act. |
| 16 | | (e) Approved formats. Continuing education may be offered |
| 17 | | in live, in-person, remote, online, hybrid, seminar, workshop, |
| 18 | | conference, demonstration, or other instructional formats |
| 19 | | approved by the Department. |
| 20 | | The Department may adopt rules regarding the number of |
| 21 | | hours that may be completed through distance or online |
| 22 | | instruction and the standards for verifying participation and |
| 23 | | completion. |
| 24 | | (f) Instructors and presenters. An approved continuing |
| 25 | | education sponsor shall ensure that courses are taught or |
| 26 | | presented by persons who are qualified by education, training, |
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| 1 | | licensure, professional experience, subject matter expertise, |
| 2 | | or instructional background to teach the subject matter |
| 3 | | offered. |
| 4 | | The Department may require documentation of instructor |
| 5 | | qualifications and may establish standards by rule for course |
| 6 | | presenters. |
| 7 | | (g) Course approval and standards. The Department may |
| 8 | | require pre-approval of courses or may approve sponsors |
| 9 | | subject to compliance with course standards established by |
| 10 | | this Act and by rule. |
| 11 | | All continuing education offered under this Act shall: |
| 12 | | (1) be accurate and professionally relevant; |
| 13 | | (2) be consistent with the scope and purpose of this |
| 14 | | Act; |
| 15 | | (3) promote competent, safe, and ethical practice; and |
| 16 | | (4) avoid false, misleading, or deceptive claims. |
| 17 | | (h) Records and certificates. An approved continuing |
| 18 | | education sponsor shall maintain records of: |
| 19 | | (1) courses offered; |
| 20 | | (2) dates and locations of instruction; |
| 21 | | (3) instructors or presenters; |
| 22 | | (4) attendance; |
| 23 | | (5) course completion; and |
| 24 | | (6) certificates or proof of completion issued. |
| 25 | | The sponsor shall issue to each participant who |
| 26 | | successfully completes a course a certificate or other proof |
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| 1 | | of completion in the form required by the Department. |
| 2 | | The sponsor shall preserve continuing education records |
| 3 | | for the period required by rule and shall make them available |
| 4 | | to the Department upon request. |
| 5 | | (i) Duty to report and cooperate. An approved continuing |
| 6 | | education sponsor shall cooperate with the Department in |
| 7 | | audits, reviews, investigations, and compliance checks and |
| 8 | | shall provide records or information required to verify |
| 9 | | compliance with this Act. |
| 10 | | (j) Misrepresentation prohibited. Approval as an approved |
| 11 | | continuing education sponsor does not authorize the sponsor |
| 12 | | to: |
| 13 | | (1) issue professional licenses; |
| 14 | | (2) operate a licensed cirrology school unless |
| 15 | | separately licensed under this Act; |
| 16 | | (3) represent that completion of a continuing |
| 17 | | education course alone qualifies a person for initial |
| 18 | | licensure, unless expressly authorized by this Act; or |
| 19 | | (4) misrepresent Department approval, endorsement, or |
| 20 | | sponsorship beyond the scope of the approval granted under |
| 21 | | this Section. |
| 22 | | (k) Renewal and continued compliance. Approval as an |
| 23 | | approved continuing education sponsor shall be subject to |
| 24 | | renewal, continued compliance, and any audit, reporting, or |
| 25 | | quality-control requirements established by this Act or by |
| 26 | | rule. |
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| 1 | | (l) Transition for existing sponsors. During the 18-month |
| 2 | | transition period established under this Act, the Department |
| 3 | | may issue, convert, or recognize corresponding approval under |
| 4 | | this Act for a continuing education sponsor previously |
| 5 | | approved, recognized, or accepted under prior hair braider |
| 6 | | law, provided the sponsor is in good standing and complies |
| 7 | | with any transition requirements established by rule. |
| 8 | | The Department shall administer this subsection in a |
| 9 | | manner that preserves continuity of lawful continuing |
| 10 | | education activity and avoids unnecessary disruption to |
| 11 | | current licensees and approved providers. |
| 12 | | (m) Discipline. If the Department determines that an |
| 13 | | approved continuing education sponsor has violated this Act or |
| 14 | | rules adopted under this Act, the Department may deny, refuse |
| 15 | | to renew, place on probation, suspend, revoke, restrict, or |
| 16 | | otherwise discipline the sponsor approval in accordance with |
| 17 | | this Act. |
| 18 | | (n) Scope of approval. Approval as an approved continuing |
| 19 | | education sponsor authorizes the holder to offer continuing |
| 20 | | education approved under this Act. Sponsor approval does not, |
| 21 | | by itself, authorize the holder to act as a licensed |
| 22 | | cirrologist, licensed cirrology teacher, licensed cirrology |
| 23 | | school, registered cirrology shop, approved apprenticeship |
| 24 | | partner, or approved partner employer unless separately |
| 25 | | licensed, registered, or approved under this Act. |
| 26 | | (o) Rulemaking authority. The Department may adopt rules |
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| 1 | | necessary to implement this Section, including rules |
| 2 | | concerning sponsor applications, course standards, instructor |
| 3 | | qualifications, approved formats, records, audits, renewals, |
| 4 | | transition standards, and other administrative requirements, |
| 5 | | upon recommendation of the Board where required under this |
| 6 | | Act. |
| 7 | | Section 11. Qualifications for registered cirrology shop. |
| 8 | | (a) Registration required. No person or entity may operate |
| 9 | | a cirrology salon or shop without a certificate of |
| 10 | | registration issued by the Department as a registered |
| 11 | | cirrology shop. |
| 12 | | (b) Purpose. A registered cirrology shop is the registered |
| 13 | | place of business through which cirrology services may be |
| 14 | | offered to the public in accordance with this Act. |
| 15 | | Registration under this Section is intended to protect the |
| 16 | | public by ensuring that cirrology services are provided in a |
| 17 | | sanitary, identifiable, and lawfully operated business |
| 18 | | setting. |
| 19 | | (c) Application for registration. An applicant for |
| 20 | | registration as a registered cirrology shop shall: |
| 21 | | (1) submit a completed application on forms prescribed |
| 22 | | by the Department; |
| 23 | | (2) identify the legal name of the owner and the name |
| 24 | | under which the shop will operate; |
| 25 | | (3) provide the address of the shop and any other |
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| 1 | | information required by the Department to identify the |
| 2 | | location and ownership of the business; |
| 3 | | (4) disclose whether the shop is operated as a sole |
| 4 | | proprietorship, partnership, corporation, limited |
| 5 | | liability company, or other lawful business form; |
| 6 | | (5) certify compliance with sanitation, safety, and |
| 7 | | operational requirements established under this Act and by |
| 8 | | rule; and |
| 9 | | (6) pay the required registration fee. |
| 10 | | (d) Registration fee. The fee for registration of a |
| 11 | | registered cirrology shop shall be $25. Payment shall be made |
| 12 | | by check or money order payable to the Department of Financial |
| 13 | | and Professional Regulation. The fee is not refundable. |
| 14 | | (e) Expiration and renewal. The registration of a |
| 15 | | registered cirrology shop shall expire on November 30 of each |
| 16 | | even-numbered year. |
| 17 | | A registered cirrology shop may renew its registration in |
| 18 | | the manner prescribed by the Department. A shop that fails to |
| 19 | | renew on or before the expiration date may not continue |
| 20 | | operating unless otherwise permitted by this Act or by rule. |
| 21 | | (f) Certificate of registration. Upon approval of the |
| 22 | | application and payment of the required fee, the Department |
| 23 | | shall issue a certificate of registration to the registered |
| 24 | | cirrology shop. The certificate of registration shall be |
| 25 | | displayed in a conspicuous place within the shop and shall be |
| 26 | | available for inspection by the Department. |
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| 1 | | (g) Scope of registration. Registration as a registered |
| 2 | | cirrology shop authorizes the holder to operate a place of |
| 3 | | business for the performance of cirrology services for |
| 4 | | compensation, provided that services are performed only by |
| 5 | | persons lawfully licensed, authorized, or otherwise permitted |
| 6 | | to practice under this Act. |
| 7 | | Registration as a registered cirrology shop does not, by |
| 8 | | itself, authorize: |
| 9 | | (1) the independent practice of cirrology by an |
| 10 | | unlicensed person; |
| 11 | | (2) operation as a licensed cirrology school; |
| 12 | | (3) operation as an approved continuing education |
| 13 | | sponsor; |
| 14 | | (4) operation as an approved apprenticeship partner; |
| 15 | | or |
| 16 | | (5) participation as an approved partner employer |
| 17 | | unless separately approved under this Act. |
| 18 | | (h) Shop requirements. A registered cirrology shop shall: |
| 19 | | (1) maintain the premises in a clean, safe, sanitary, |
| 20 | | and orderly condition; |
| 21 | | (2) comply with sanitation, disinfection, infection |
| 22 | | control, and public health requirements established under |
| 23 | | this Act and by rule; |
| 24 | | (3) maintain all tools, implements, equipment, |
| 25 | | furnishings, and service areas in a condition suitable for |
| 26 | | safe professional use; |
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| 1 | | (4) ensure that only persons lawfully licensed, |
| 2 | | registered, or otherwise authorized under this Act perform |
| 3 | | services requiring authorization under this Act; |
| 4 | | (5) maintain the certificate of registration and any |
| 5 | | other licenses required under this Act in a conspicuous |
| 6 | | place within the shop; |
| 7 | | (6) permit inspections by the Department in accordance |
| 8 | | with this Act; |
| 9 | | (7) cooperate with investigations or compliance |
| 10 | | reviews conducted by the Department; |
| 11 | | (8) maintain any records required by this Act or by |
| 12 | | rule; and |
| 13 | | (9) comply with all other requirements necessary to |
| 14 | | protect the public and ensure lawful operation. |
| 15 | | (i) Services within the shop. A registered cirrology shop |
| 16 | | may provide services within the scope of practice established |
| 17 | | by Section 4 of this Act and may offer consultation, retail |
| 18 | | product sales, client education, and other lawful business |
| 19 | | functions consistent with the practice of cirrology. |
| 20 | | Nothing in this Section authorizes the performance of |
| 21 | | services outside the scope of this Act. |
| 22 | | (j) Ownership and management. A registered cirrology shop |
| 23 | | may be owned by a licensed practitioner or by another lawful |
| 24 | | person or entity, provided that all services requiring |
| 25 | | licensure under this Act are performed only by persons |
| 26 | | properly licensed or otherwise authorized under this Act. |
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| 1 | | Ownership of a registered cirrology shop does not, by |
| 2 | | itself, authorize the owner to practice cirrology unless the |
| 3 | | owner is separately licensed under this Act. |
| 4 | | (k) Change of ownership, location, or operation. A |
| 5 | | registered cirrology shop shall notify the Department, in the |
| 6 | | manner required by rule, of any material change in ownership, |
| 7 | | legal name, business name, location, or operational status. |
| 8 | | The Department may require a new application, amended |
| 9 | | registration, or additional approval for a material change |
| 10 | | affecting the registered shop. |
| 11 | | (l) Additional locations. A separate registration may be |
| 12 | | required for each shop location. No additional location may |
| 13 | | operate as a registered cirrology shop unless registered or |
| 14 | | otherwise authorized by the Department in accordance with this |
| 15 | | Act or by rule. |
| 16 | | (m) Eligibility to become an approved partner employer. A |
| 17 | | registered cirrology shop may apply for approval as an |
| 18 | | approved partner employer if it satisfies the apprenticeship |
| 19 | | supervision, training, recordkeeping, wage, and compliance |
| 20 | | requirements established under this Act and by rule. |
| 21 | | Registration as a registered cirrology shop does not |
| 22 | | automatically confer approved partner employer status. |
| 23 | | (o) Unlawful operation. It is a violation of this Act to |
| 24 | | operate, advertise, or hold out a business as a cirrology |
| 25 | | salon or shop without a certificate of registration issued by |
| 26 | | the Department as a registered cirrology shop. |
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| 1 | | (p) Discipline and enforcement. If the Department |
| 2 | | determines that a registered cirrology shop has violated this |
| 3 | | Act or rules adopted under this Act, the Department may deny, |
| 4 | | refuse to renew, place on probation, suspend, revoke, |
| 5 | | restrict, or otherwise discipline the registration in |
| 6 | | accordance with this Act. |
| 7 | | (q) Rulemaking authority. The Department may adopt rules |
| 8 | | necessary to implement this Section, including rules |
| 9 | | concerning applications, registration forms, sanitation |
| 10 | | standards, inspections, display requirements, multiple |
| 11 | | locations, transition standards, and other administrative or |
| 12 | | operational requirements, upon recommendation of the Board |
| 13 | | where required under this Act. |
| 14 | | Section 12. Qualifications for approved apprenticeship |
| 15 | | partner. |
| 16 | | (a) Approval required. No institution, program, |
| 17 | | organization, or other entity may advertise, offer, |
| 18 | | coordinate, host, or hold itself out as an approved |
| 19 | | apprenticeship partner under this Act unless approved by the |
| 20 | | Department. |
| 21 | | (b) Purpose. An approved apprenticeship partner shall |
| 22 | | support the cirrology apprenticeship program by providing or |
| 23 | | coordinating related instruction, pre-apprenticeship |
| 24 | | preparation, educational support, supportive services, program |
| 25 | | coordination, or other approved apprenticeship-related |
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| 1 | | functions consistent with this Act. |
| 2 | | (c) Eligible entities. An approved apprenticeship partner |
| 3 | | may include, but is not limited to: |
| 4 | | (1) a community college; |
| 5 | | (2) a high school; |
| 6 | | (3) a career and technical education program; |
| 7 | | (4) a licensed cirrology school; |
| 8 | | (5) a nonprofit training provider; |
| 9 | | (6) a workforce training organization; |
| 10 | | (7) a community-based educational or workforce |
| 11 | | program; or |
| 12 | | (8) another institution, program, or organization |
| 13 | | approved by the Department as capable of supporting a |
| 14 | | cirrology apprenticeship program. |
| 15 | | (d) Qualifications for approval. An applicant for approval |
| 16 | | as an approved apprenticeship partner shall: |
| 17 | | (1) submit a completed application on forms prescribed |
| 18 | | by the Department; |
| 19 | | (2) pay the required application or approval fee, if |
| 20 | | any; |
| 21 | | (3) identify the legal name, address, and responsible |
| 22 | | representative of the applicant; |
| 23 | | (4) describe the educational, supportive, |
| 24 | | instructional, coordination, or workforce functions the |
| 25 | | applicant proposes to perform under this Act; |
| 26 | | (5) demonstrate the capacity to provide or coordinate |
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| 1 | | related instruction, pre-apprenticeship services, student |
| 2 | | or apprentice support, or other approved |
| 3 | | apprenticeship-related functions in a manner consistent |
| 4 | | with this Act; |
| 5 | | (6) demonstrate the ability to maintain records, |
| 6 | | monitor participation, and cooperate with the Department |
| 7 | | and other approved entities involved in the cirrology |
| 8 | | apprenticeship program; |
| 9 | | (7) agree to comply with this Act and rules adopted |
| 10 | | under this Act; and |
| 11 | | (8) satisfy any other reasonable requirements |
| 12 | | established by this Act or by rule. |
| 13 | | (e) Authorized functions. An approved apprenticeship |
| 14 | | partner may, to the extent authorized by this Act and rules |
| 15 | | adopted under this Act: |
| 16 | | (1) provide or coordinate related instruction for a |
| 17 | | cirrology apprenticeship program; |
| 18 | | (2) provide or host a pre-apprenticeship program; |
| 19 | | (3) provide orientation, mentoring, tutoring, academic |
| 20 | | support, work-readiness support, or other educational |
| 21 | | support for apprentices or prospective apprentices; |
| 22 | | (4) coordinate scheduling, progress tracking, |
| 23 | | attendance monitoring, evaluations, and communications |
| 24 | | among apprentices, approved partner employers, licensed |
| 25 | | cirrology schools, and the Department; |
| 26 | | (5) provide or coordinate supportive services intended |
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| 1 | | to help apprentices enter, remain in, and complete the |
| 2 | | apprenticeship pathway, consistent with law and available |
| 3 | | program authority; |
| 4 | | (6) collaborate with community colleges, high schools, |
| 5 | | career and technical education programs, workforce |
| 6 | | partners, nonprofit providers, licensed cirrology schools, |
| 7 | | and approved partner employers; |
| 8 | | (7) assist with documentation, reports, and records |
| 9 | | required under this Act; and |
| 10 | | (8) perform any other apprenticeship-related support |
| 11 | | function approved by the Department and consistent with |
| 12 | | this Act. |
| 13 | | (f) Related instruction. If an approved apprenticeship |
| 14 | | partner provides related instruction, the instruction shall: |
| 15 | | (1) be relevant to the cirrology apprenticeship |
| 16 | | program; |
| 17 | | (2) be consistent with the curriculum, competencies, |
| 18 | | health and safety standards, and public protection |
| 19 | | purposes of this Act; |
| 20 | | (3) be provided by qualified instructors, educators, |
| 21 | | or subject matter presenters as permitted under this Act |
| 22 | | or by rule; and |
| 23 | | (4) be documented in the manner required by the |
| 24 | | Department. |
| 25 | | (g) Pre-apprenticeship support. An approved apprenticeship |
| 26 | | partner may offer or coordinate a pre-apprenticeship program |
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| 1 | | designed to prepare individuals for entry into a cirrology |
| 2 | | apprenticeship program through foundational instruction, |
| 3 | | career exposure, work-readiness development, supportive |
| 4 | | services, or other related preparation. |
| 5 | | Participation in a pre-apprenticeship program does not, by |
| 6 | | itself: |
| 7 | | (1) authorize independent practice under this Act; |
| 8 | | (2) constitute licensure under this Act; or |
| 9 | | (3) guarantee placement in an apprenticeship, unless |
| 10 | | otherwise provided by written agreement or program |
| 11 | | standards approved under this Act. |
| 12 | | (h) Agreements and coordination. An approved |
| 13 | | apprenticeship partner may enter into written agreements or |
| 14 | | collaborations with: |
| 15 | | (1) an approved partner employer; |
| 16 | | (2) a licensed cirrology school; |
| 17 | | (3) a community college, high school, or career and |
| 18 | | technical education program; |
| 19 | | (4) a workforce training organization or |
| 20 | | community-based partner; or |
| 21 | | (5) another approved institution or entity involved in |
| 22 | | the cirrology apprenticeship program. |
| 23 | | Any agreement under this subsection shall be consistent |
| 24 | | with this Act and rules adopted under this Act and shall not |
| 25 | | authorize independent practice outside the scope of this Act. |
| 26 | | (i) Records and documentation. An approved apprenticeship |
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| 1 | | partner shall maintain records required by the Department |
| 2 | | concerning any function performed under this Act, including, |
| 3 | | where applicable: |
| 4 | | (1) apprentice participation; |
| 5 | | (2) related instruction provided; |
| 6 | | (3) attendance and completion records; |
| 7 | | (4) supportive services or program coordination |
| 8 | | records; |
| 9 | | (5) agreements with other approved entities; and |
| 10 | | (6) any other records required by this Act or by rule. |
| 11 | | The approved apprenticeship partner shall preserve records |
| 12 | | for the period required by rule and shall make them available |
| 13 | | to the Department upon request. |
| 14 | | (j) No independent practice authority. Approval as an |
| 15 | | approved apprenticeship partner does not, by itself, |
| 16 | | authorize: |
| 17 | | (1) the independent practice of cirrology; |
| 18 | | (2) operation as a licensed cirrology school unless |
| 19 | | separately licensed under this Act; |
| 20 | | (3) operation as a registered cirrology shop unless |
| 21 | | separately registered under this Act; |
| 22 | | (4) operation as an approved continuing education |
| 23 | | sponsor unless separately approved under this Act; or |
| 24 | | (5) operation as an approved partner employer unless |
| 25 | | separately approved under this Act. |
| 26 | | (k) Compliance and cooperation. An approved apprenticeship |
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| 1 | | partner shall cooperate with the Department in audits, |
| 2 | | reviews, investigations, compliance monitoring, and requests |
| 3 | | for information related to its approved functions under this |
| 4 | | Act. |
| 5 | | (m) Discipline. If the Department determines that an |
| 6 | | approved apprenticeship partner has violated this Act or rules |
| 7 | | adopted under this Act, the Department may deny, refuse to |
| 8 | | renew, place on probation, suspend, revoke, restrict, or |
| 9 | | otherwise discipline the approval in accordance with this Act. |
| 10 | | (n) Scope of approval. Approval as an approved |
| 11 | | apprenticeship partner authorizes the holder to perform only |
| 12 | | those functions permitted under this Act and approved by the |
| 13 | | Department. Approval under this Section does not, by itself, |
| 14 | | authorize the holder to issue licenses, certify independent |
| 15 | | practice, or act outside the scope of the approval granted |
| 16 | | under this Act. |
| 17 | | (o) Rulemaking authority. The Department may adopt rules |
| 18 | | necessary to implement this Section, including rules |
| 19 | | concerning applications, qualifications, related instruction, |
| 20 | | records, supportive services, agreements, transition |
| 21 | | standards, audits, and other administrative requirements, upon |
| 22 | | recommendation of the Board where required under this Act. |
| 23 | | Section 15. Transition; grandfathering; temporary |
| 24 | | licensure. |
| 25 | | (a) Purpose. The purpose of this Section is to ensure that |
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| 1 | | the repeal, transfer, replacement, or amendment of hair |
| 2 | | braiding provisions under prior law and rules do not |
| 3 | | unnecessarily interrupt lawful work, education, teaching, |
| 4 | | licensure, school approval, sponsor approval, or business |
| 5 | | operations while the State transitions to regulation under |
| 6 | | this Act. |
| 7 | | (b) Transition period. For a period of 18 months after the |
| 8 | | effective date of this Act, the Department shall administer |
| 9 | | the orderly transition of hair braider licensure, teaching |
| 10 | | approval, school approval, continuing education approval, and |
| 11 | | related registrations or credentials from prior law into the |
| 12 | | corresponding cirrology categories established under this Act. |
| 13 | | During the 18-month transition period, the Department |
| 14 | | shall implement this Act in a manner that preserves continuity |
| 15 | | of lawful practice, instruction, school operation, continuing |
| 16 | | education activity, business operation, renewal, and public |
| 17 | | protection. |
| 18 | | (c) Automatic transition for current hair braider |
| 19 | | licensees. During the 18-month transition period, any person |
| 20 | | holding an active Illinois hair braider license in good |
| 21 | | standing shall be eligible for automatic transition into the |
| 22 | | corresponding cirrology licensure category for renewal |
| 23 | | purposes. |
| 24 | | The Department shall permit the license holder to renew |
| 25 | | under the designated cirrology category without requiring |
| 26 | | completion of the full 600-hour cirrology school program at |
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| 1 | | the time of transition, subject only to any limited |
| 2 | | sanitation, public health, legal, or administrative transition |
| 3 | | requirement established by rule and consistent with the |
| 4 | | purpose of this Act. |
| 5 | | (d) Renewal dates carried forward. All hair braider |
| 6 | | license expiration and renewal dates of October 31 for |
| 7 | | even-numbered years shall automatically apply to the |
| 8 | | corresponding cirrology license category during the transition |
| 9 | | period until superseded by law or rule adopted under this Act. |
| 10 | | The Department shall administer renewals during the transition |
| 11 | | period in a manner that avoids lapse, forfeiture, or |
| 12 | | interruption of lawful practice solely because the statutory |
| 13 | | category name or governing Act has changed. |
| 14 | | Transition requirements adopted under this Section shall |
| 15 | | be limited to sanitation, public health, legal, or |
| 16 | | administrative components reasonably necessary to implement |
| 17 | | this Act and may not be imposed in a manner that creates an |
| 18 | | unnecessary interruption of lawful practice, instruction, |
| 19 | | school operation, continuing education activity, or business |
| 20 | | operation. |
| 21 | | (e) Transitional pathway for schools, sponsors, shops, and |
| 22 | | partner approvals. During the 18-month transition period, the |
| 23 | | Department may issue, convert, renew, or recognize |
| 24 | | corresponding credentials under this Act for schools, |
| 25 | | continuing education sponsors, shops, apprenticeship-related |
| 26 | | partners, employers, and other entities previously approved, |
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| 1 | | recognized, registered, or lawfully operating under prior hair |
| 2 | | braider law if the person or entity is in good standing and |
| 3 | | meets any transition requirements established by rule. |
| 4 | | This subsection shall be administered in a manner that |
| 5 | | avoids unnecessary interruption of lawful educational |
| 6 | | operations, continuing education activity, apprenticeship |
| 7 | | participation, or business registration solely because the |
| 8 | | credential is being transferred into a cirrology category |
| 9 | | under this Act. |
| 10 | | (f) Continuity of lawful practice and operation. No person |
| 11 | | or entity lawfully licensed, registered, or approved under |
| 12 | | prior hair braider law shall lose the authority to continue |
| 13 | | practice, instruction, school operation, continuing education |
| 14 | | activity, business operation, or apprenticeship participation |
| 15 | | solely because statutory references, forms, databases, or |
| 16 | | administrative processes have not yet been updated to reflect |
| 17 | | the transition to this Act, so long as the person or entity |
| 18 | | timely complies with transition requirements established by |
| 19 | | the Department. |
| 20 | | (g) Corresponding categories. For purposes of this |
| 21 | | Section, the Department shall determine the corresponding |
| 22 | | cirrology category into which a prior credential shall |
| 23 | | transition, based on the nature of the prior credential and |
| 24 | | the categories created under this Act. |
| 25 | | The Department may adopt rules to implement the transition |
| 26 | | of individual, instructional, school, sponsor, shop, |
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| 1 | | apprenticeship, or other related credentials into their |
| 2 | | appropriate cirrology categories. |
| 3 | | (h) Department authority during transition. During the |
| 4 | | 18-month transition period, the Department may: |
| 5 | | (1) convert existing licenses, registrations, and |
| 6 | | approvals into the corresponding cirrology categories; |
| 7 | | (2) issue temporary, conditional, or provisional |
| 8 | | credentials to prevent unnecessary interruption of lawful |
| 9 | | work or instruction; |
| 10 | | (3) require limited sanitation, legal, public health, |
| 11 | | or administrative transition components; |
| 12 | | (4) accept affidavits, existing records, prior |
| 13 | | licenses, and other reliable documentation for transition |
| 14 | | purposes; |
| 15 | | (5) extend deadlines or cure periods for |
| 16 | | administrative good cause; and |
| 17 | | (6) adopt rules necessary to carry out the purposes of |
| 18 | | this Section. |
| 19 | | (k) Construction. This Section shall be liberally |
| 20 | | construed to preserve continuity, protect the public, |
| 21 | | recognize lawful prior practice and experience, and ensure an |
| 22 | | orderly transfer of hair braiding and related textured hair |
| 23 | | licensure into the cirrology framework created by this Act. |
| 24 | | (i) Rulemaking authority. The Department may adopt rules |
| 25 | | necessary to implement this Section, including rules |
| 26 | | concerning conversion, renewal, grandfathering, temporary |
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| 1 | | licensure, documentary proof, good standing, corresponding |
| 2 | | categories, school and teacher transition, sponsor transition, |
| 3 | | shop transition, and administrative continuity, upon |
| 4 | | recommendation of the Board where required under this Act. |
| 5 | | Section 16. Board of Cirrology. |
| 6 | | (a) Establishment. The Board of Cirrology is created |
| 7 | | within the Department. The Board shall be the |
| 8 | | profession-specific advisory and recommending body for all |
| 9 | | matters arising under this Act. |
| 10 | | (b) Purpose. The purpose of the Board is to ensure that |
| 11 | | standards governing cirrology are developed by persons with |
| 12 | | demonstrated expertise in nonchemical textured hair practice, |
| 13 | | education, public health, cultural competency, consumer |
| 14 | | protection, and workforce access. In administering this Act, |
| 15 | | the Department and the Board shall preserve the distinct |
| 16 | | professional identity of cirrology, prevent unnecessary |
| 17 | | barriers to entry, and avoid the historical misclassification |
| 18 | | of textured hair services within regulatory frameworks that do |
| 19 | | not reflect the actual scope, science, culture, or public |
| 20 | | health needs of textured hair practice. |
| 21 | | (c) Membership. The Board shall consist of 9 members |
| 22 | | appointed by the Governor, by and with the advice and consent |
| 23 | | of the Senate. |
| 24 | | (d) Composition. The membership of the Board shall |
| 25 | | include, at a minimum: |
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| 1 | | (1) 3 members who are licensed cirrologists or, during |
| 2 | | the transition period established under this Act, persons |
| 3 | | eligible for transitional licensure under this Act, each |
| 4 | | of whom has at least 5 years of active practice in textured |
| 5 | | hair services; |
| 6 | | (2) 2 members who are founders, pioneers, or educators |
| 7 | | with at least 10 years of documented leadership, |
| 8 | | instruction, curriculum development, research, or advocacy |
| 9 | | in textured hair care in Illinois; |
| 10 | | (3) one member who is an owner, administrator, or lead |
| 11 | | academic officer of a licensed cirrology school or |
| 12 | | approved cirrology education program; |
| 13 | | (4) one member who is a dermatologist, trichologist, |
| 14 | | public health professional, or other licensed health |
| 15 | | professional with expertise in scalp and hair health |
| 16 | | affecting textured hair; |
| 17 | | (5) one member who is a public member representing |
| 18 | | consumer interests and who is not licensed under this Act |
| 19 | | and has no financial interest in a school, shop, product |
| 20 | | manufacturer, distributor, testing vendor, or continuing |
| 21 | | education provider regulated under this Act; and |
| 22 | | (6) one member who is a workforce development, civil |
| 23 | | rights, reentry, or community-based representative with |
| 24 | | experience expanding access to education, |
| 25 | | entrepreneurship, or occupational opportunity for |
| 26 | | historically excluded communities. |
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| 1 | | (e) Appointment considerations. In making appointments, |
| 2 | | the Governor shall give due consideration to recommendations |
| 3 | | submitted by statewide organizations representing |
| 4 | | cirrologists, natural hair professionals, hair braiders, |
| 5 | | textured hair educators, consumer advocates, public health |
| 6 | | professionals, and other stakeholders with demonstrated |
| 7 | | experience in textured hair safety, education, cultural |
| 8 | | practice, and workforce access. |
| 9 | | To the extent practicable, appointments shall reflect the |
| 10 | | geographic, racial, cultural, and professional diversity of |
| 11 | | Illinois and of the communities most affected by this Act. |
| 12 | | (f) Independence of the profession. No more than one |
| 13 | | member of the Board may simultaneously hold a cosmetology, |
| 14 | | barbering, or related license issued under another Act unless |
| 15 | | that member otherwise qualifies under one of the categories |
| 16 | | set forth in this Section and demonstrates substantial |
| 17 | | experience specific to textured hair practice. |
| 18 | | Nothing in this Section shall be construed to authorize |
| 19 | | the Board or the Department to define cirrology by reference |
| 20 | | to cosmetology, barbering, or any other profession regulated |
| 21 | | under another Act except where expressly provided by law. |
| 22 | | (g) Terms. Members shall serve staggered 3-year terms and |
| 23 | | until their successors are appointed and qualified. No member |
| 24 | | shall serve more than 2 consecutive terms. |
| 25 | | Of the initial appointees, the Governor may designate |
| 26 | | staggered initial terms as necessary to establish term |
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| 1 | | rotation. |
| 2 | | (h) Vacancies. A vacancy occurring on the Board shall be |
| 3 | | filled in the same manner as the original appointment for the |
| 4 | | unexpired portion of the term. |
| 5 | | (i) Removal. A member may be removed in accordance with |
| 6 | | applicable law for neglect of duty, misconduct, inability to |
| 7 | | serve, or other cause consistent with service on a State |
| 8 | | board. |
| 9 | | (j) Quorum and meetings. A majority of the members then |
| 10 | | appointed to the Board shall constitute a quorum. The Board |
| 11 | | shall meet at the call of the Chair, at the request of the |
| 12 | | Department, or as otherwise provided by rule or schedule |
| 13 | | adopted under this Act. |
| 14 | | The Board may establish committees, work groups, or |
| 15 | | advisory structures consistent with this Act and subject to |
| 16 | | applicable law. |
| 17 | | (k) Officers. The Board shall annually elect from its |
| 18 | | members a Chair and Vice-Chair and may elect or designate any |
| 19 | | other officer authorized by rule or procedure. |
| 20 | | (l) Powers and duties. The Board shall advise and make |
| 21 | | recommendations to the Department on all matters concerning |
| 22 | | this Act, including, but not limited to: |
| 23 | | (1) scope of practice and professional standards for |
| 24 | | cirrology; |
| 25 | | (2) curriculum standards for licensed cirrology |
| 26 | | schools and approved cirrology programs; |
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| 1 | | (3) qualifications for licensure, registration, and |
| 2 | | approval under this Act; |
| 3 | | (4) examinations, competency standards, and evaluation |
| 4 | | requirements; |
| 5 | | (5) teacher-training standards and educational |
| 6 | | requirements; |
| 7 | | (6) continuing education standards and sponsor |
| 8 | | approval criteria; |
| 9 | | (7) standards for registered cirrology shops; |
| 10 | | (8) standards for approved apprenticeship partners and |
| 11 | | approved partner employers; |
| 12 | | (9) cirrology apprenticeship program requirements, |
| 13 | | including related instruction, supervision, competency, |
| 14 | | and workforce access; |
| 15 | | (10) sanitation, disinfection, infection control, and |
| 16 | | public health standards; |
| 17 | | (11) transition, grandfathering, temporary licensure, |
| 18 | | and conversion of credentials from prior law; |
| 19 | | (12) rules necessary to implement and enforce this |
| 20 | | Act; |
| 21 | | (13) discipline, consumer protection, and lawful scope |
| 22 | | enforcement; and |
| 23 | | (14) any other matter referred to the Board by the |
| 24 | | Department or otherwise arising under this Act. |
| 25 | | (m) Recommendation required. The Department shall seek and |
| 26 | | obtain the recommendation of the Board before: |
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| 1 | | (1) adopting, amending, or repealing rules under this |
| 2 | | Act; |
| 3 | | (2) approving or materially modifying curriculum |
| 4 | | standards, school standards, teacher standards, or |
| 5 | | examination standards under this Act; |
| 6 | | (3) approving or materially modifying standards for |
| 7 | | apprenticeship, continuing education, shops, partner |
| 8 | | approvals, or transition requirements under this Act; or |
| 9 | | (4) materially changing professional standards |
| 10 | | specific to cirrology. |
| 11 | | If the Department rejects or materially modifies a |
| 12 | | recommendation of the Board on a matter arising under this |
| 13 | | Act, the Department shall provide the Board with a written |
| 14 | | explanation stating the reasons for the rejection or |
| 15 | | modification. |
| 16 | | (n) Compensation and reimbursement. Each voting member of |
| 17 | | the Board shall receive a per diem stipend for attendance at |
| 18 | | duly called Board meetings, committee meetings, hearings, |
| 19 | | rulemaking sessions, and other authorized Board work performed |
| 20 | | under this Act. |
| 21 | | Each member shall also be reimbursed for all legitimate, |
| 22 | | necessary, and authorized expenses incurred in carrying out |
| 23 | | official Board duties, including travel, mileage, lodging, |
| 24 | | meals, and related expenses, subject to applicable State |
| 25 | | travel policies. |
| 26 | | Compensation and reimbursement under this subsection shall |
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| 1 | | be paid from fees collected under this Act or from the |
| 2 | | applicable professional regulation fund. |
| 3 | | The per diem stipend established under this subsection |
| 4 | | shall reflect the specialized professional expertise required |
| 5 | | for service under this Act and shall not be set at a nominal |
| 6 | | amount inconsistent with meaningful public participation. |
| 7 | | (o) Conflicts of interest. Each Board member shall |
| 8 | | disclose any ownership interest, employment, compensation, |
| 9 | | consulting relationship, or contractual relationship with a |
| 10 | | school, shop, product manufacturer, distributor, examination |
| 11 | | vendor, continuing education provider, or trade association |
| 12 | | affected by this Act. |
| 13 | | A member shall recuse himself or herself from any |
| 14 | | recommendation, deliberation, or vote presenting a direct |
| 15 | | financial conflict of interest. |
| 16 | | No person whose primary financial interest is in a |
| 17 | | national testing vendor, product manufacturer, curriculum |
| 18 | | vendor, or similar commercial enterprise seeking to influence |
| 19 | | market access under this Act may serve as Chair of the Board. |
| 20 | | (p) Good faith immunity. A Board member shall not be |
| 21 | | civilly liable for any act, omission, recommendation, |
| 22 | | decision, or other conduct undertaken in good faith within the |
| 23 | | scope of his or her duties under this Act, except for willful, |
| 24 | | wanton, or intentional misconduct. |
| 25 | | (q) Administrative support. The Department shall provide |
| 26 | | administrative support to the Board sufficient to carry out |
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| 1 | | its duties under this Act. |
| 2 | | (r) Transition and initial implementation. During the |
| 3 | | 18-month transition period established under this Act, the |
| 4 | | Board shall advise the Department on implementation of the |
| 5 | | Act, including transition of hair braiding credentials, |
| 6 | | grandfathering, temporary licensure, school and teacher |
| 7 | | transition, curriculum approval, apprenticeship rollout, and |
| 8 | | public communication. |
| 9 | | The Board may begin making recommendations upon |
| 10 | | appointment of a quorum of members. |
| 11 | | (s) Applicability of law. The Board shall operate subject |
| 12 | | to applicable State laws governing ethics, public service, |
| 13 | | meetings, records, training, and other requirements applicable |
| 14 | | to State boards and commissions. |
| 15 | | (t) Rulemaking authority. The Department may adopt rules |
| 16 | | necessary to implement this Section, including rules |
| 17 | | concerning appointments, procedures, meetings, compensation, |
| 18 | | records, conflict disclosures, and other matters necessary for |
| 19 | | administration of the Board, upon recommendation of the Board |
| 20 | | where required under this Act. |
| 21 | | Section 17. Administration by the Department. |
| 22 | | (a) Administration. The Department shall administer and |
| 23 | | enforce this Act. |
| 24 | | (b) General authority. In administering this Act, the |
| 25 | | Department shall have authority to: |
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| 1 | | (1) issue, renew, restore, convert, transition, deny, |
| 2 | | refuse to renew, place on probation, suspend, revoke, |
| 3 | | restrict, or otherwise discipline any license, |
| 4 | | registration, approval, or other credential authorized |
| 5 | | under this Act; |
| 6 | | (2) receive and process applications, fees, renewals, |
| 7 | | notices, reports, and records required under this Act; |
| 8 | | (3) establish and maintain official records relating |
| 9 | | to persons and entities credentialed under this Act; |
| 10 | | (4) investigate complaints and possible violations of |
| 11 | | this Act and rules adopted under this Act; |
| 12 | | (5) inspect schools, shops, approved partner |
| 13 | | employers, approved apprenticeship partners, continuing |
| 14 | | education sponsors, and other locations or entities |
| 15 | | regulated under this Act as authorized by law; |
| 16 | | (6) conduct audits, reviews, and compliance checks |
| 17 | | necessary to enforce this Act; |
| 18 | | (7) approve forms, documentation standards, and |
| 19 | | administrative procedures necessary to carry out this Act; |
| 20 | | (8) adopt rules necessary to implement and enforce |
| 21 | | this Act, subject to the requirements of this Act |
| 22 | | concerning Board recommendation; |
| 23 | | (9) collect and administer fees authorized under this |
| 24 | | Act; and |
| 25 | | (10) take any other action reasonably necessary to |
| 26 | | carry out the purposes of this Act. |
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| 1 | | (c) Consultation with the Board. In carrying out its |
| 2 | | duties under this Act, the Department shall act in |
| 3 | | consultation with the Board on matters specific to cirrology. |
| 4 | | (d) Recommendation required for cirrology-specific |
| 5 | | matters. The Department shall seek and obtain the |
| 6 | | recommendation of the Board before taking action on |
| 7 | | cirrology-specific matters for which Board recommendation is |
| 8 | | required under this Act, including matters concerning: |
| 9 | | (1) scope of practice; |
| 10 | | (2) curriculum and educational standards; |
| 11 | | (3) teacher-training standards; |
| 12 | | (4) examination standards; |
| 13 | | (5) continuing education standards; |
| 14 | | (6) standards for registered cirrology shops; |
| 15 | | (7) standards for approved apprenticeship partners and |
| 16 | | approved partner employers; |
| 17 | | (8) apprenticeship standards, supervision, and related |
| 18 | | instruction; |
| 19 | | (9) transition, grandfathering, temporary licensure, |
| 20 | | and conversion of prior credentials; and |
| 21 | | (10) other profession-specific standards established |
| 22 | | under this Act. |
| 23 | | (e) Written explanation if Board recommendation is |
| 24 | | rejected or modified. If the Department rejects or materially |
| 25 | | modifies a recommendation of the Board on a matter arising |
| 26 | | under this Act, the Department shall provide the Board with a |
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| 1 | | written explanation stating the reasons for the rejection or |
| 2 | | modification. |
| 3 | | (f) No merger into other professions. Nothing in this |
| 4 | | Section shall be construed to permit the Department to |
| 5 | | administer this Act in a manner that merges cirrology into |
| 6 | | cosmetology, barbering, or any other profession regulated |
| 7 | | under another Act, except where expressly provided by law. |
| 8 | | (g) Records and credential status. The Department shall |
| 9 | | maintain records sufficient to identify the status of each |
| 10 | | license, registration, approval, or other credential issued |
| 11 | | under this Act, including, where applicable: |
| 12 | | (1) issuance date; |
| 13 | | (2) expiration date; |
| 14 | | (3) renewal status; |
| 15 | | (4) disciplinary status; |
| 16 | | (5) transition or conversion status; and |
| 17 | | (6) any other information required for proper |
| 18 | | administration of this Act. |
| 19 | | (h) Forms and notices. The Department may prescribe forms, |
| 20 | | notices, certificates, registrations, applications, renewal |
| 21 | | materials, and other documents necessary to administer this |
| 22 | | Act. |
| 23 | | (i) Investigations and inspections. The Department may |
| 24 | | investigate any complaint or information suggesting a |
| 25 | | violation of this Act and may inspect any school, shop, |
| 26 | | approved sponsor, approved apprenticeship partner, approved |
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| 1 | | partner employer, or other regulated person or entity as |
| 2 | | authorized by this Act and applicable law. |
| 3 | | (j) Administrative continuity during transition. During |
| 4 | | the 18-month transition period established under this Act, the |
| 5 | | Department shall administer this Act in a manner that |
| 6 | | preserves continuity of licensure, renewal, instruction, |
| 7 | | school operation, sponsor activity, business registration, |
| 8 | | apprenticeship participation, and public protection while |
| 9 | | transitioning hair braiding and related textured hair |
| 10 | | credentials into the cirrology framework created by this Act. |
| 11 | | (k) Acceptance of prior records during transition. During |
| 12 | | the 18-month transition period, the Department may accept |
| 13 | | prior licenses, approvals, registrations, school records, |
| 14 | | instructional records, affidavits, business records, and other |
| 15 | | reliable documentation for purposes of conversion, renewal, |
| 16 | | grandfathering, temporary licensure, or transition under this |
| 17 | | Act. |
| 18 | | (l) Administrative support to the Board. The Department |
| 19 | | shall provide administrative, clerical, procedural, and record |
| 20 | | support reasonably necessary for the Board to carry out its |
| 21 | | duties under this Act. |
| 22 | | (m) Rulemaking authority. The Department may adopt rules |
| 23 | | necessary to implement this Section and the administration of |
| 24 | | this Act, upon recommendation of the Board where required |
| 25 | | under this Act. |
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| 1 | | Section 18. Investigations, discipline, and unlicensed |
| 2 | | practice. |
| 3 | | (a) Grounds for discipline. The Department may deny, |
| 4 | | refuse to issue, refuse to renew, place on probation, suspend, |
| 5 | | revoke, restrict, reprimand, fine, or otherwise discipline any |
| 6 | | license, registration, approval, or other credential issued |
| 7 | | under this Act for any one or more of the following: |
| 8 | | (1) fraud, deception, or material misrepresentation in |
| 9 | | obtaining, renewing, restoring, converting, or attempting |
| 10 | | to obtain a credential under this Act; |
| 11 | | (2) violation of this Act or any rule adopted under |
| 12 | | this Act; |
| 13 | | (3) practicing, teaching, operating, supervising, |
| 14 | | sponsoring, or otherwise acting beyond the scope |
| 15 | | authorized by the credential held under this Act; |
| 16 | | (4) aiding, assisting, or permitting another person to |
| 17 | | practice, teach, or operate in violation of this Act; |
| 18 | | (5) unlicensed practice or unlawful representation |
| 19 | | under this Act; |
| 20 | | (6) failure to maintain sanitary, safe, or lawful |
| 21 | | conditions required under this Act; |
| 22 | | (7) gross negligence, repeated negligence, |
| 23 | | incompetence, or misconduct in practice, instruction, |
| 24 | | supervision, school operation, sponsorship, or |
| 25 | | apprenticeship administration; |
| 26 | | (8) failure to provide required supervision of a |
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| 1 | | student, apprentice, or trainee; |
| 2 | | (9) failure to maintain required records, |
| 3 | | falsification of records, or refusal to produce records |
| 4 | | required by this Act; |
| 5 | | (10) fraud or deception in advertising, |
| 6 | | representations to the public, or statements made to the |
| 7 | | Department; |
| 8 | | (11) disciplinary action taken against a professional |
| 9 | | credential held by the person in this State or another |
| 10 | | jurisdiction for conduct substantially related to public |
| 11 | | safety, fraud, abuse, or professional misconduct; |
| 12 | | (12) conviction of, plea of guilty to, plea of nolo |
| 13 | | contendere to, or finding of guilt for an offense |
| 14 | | substantially related to the practice, instruction, |
| 15 | | operation, or duties authorized under this Act, subject to |
| 16 | | applicable Illinois law governing the use of criminal |
| 17 | | history in licensing; |
| 18 | | (13) exploitation, abuse, mistreatment, intimidation, |
| 19 | | harassment, or other improper conduct toward a client, |
| 20 | | student, apprentice, employee, or consumer; |
| 21 | | (14) failure of an approved partner employer to |
| 22 | | compensate an apprentice as required by law; |
| 23 | | (15) failure of a licensed cirrology school, approved |
| 24 | | continuing education sponsor, approved apprenticeship |
| 25 | | partner, approved partner employer, or registered |
| 26 | | cirrology shop to comply with standards established under |
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| 1 | | this Act; |
| 2 | | (16) use of prohibited chemicals, practices, products, |
| 3 | | or devices in violation of this Act; |
| 4 | | (17) failure to cooperate with an investigation, |
| 5 | | inspection, audit, or lawful request of the Department; or |
| 6 | | (18) any other conduct that violates this Act or |
| 7 | | endangers the public. |
| 8 | | (b) Complaints and investigations. The Department may |
| 9 | | receive complaints from any person and may, on its own motion, |
| 10 | | investigate any person or entity believed to be acting in |
| 11 | | violation of this Act. |
| 12 | | An investigation under this Section may include review of |
| 13 | | applications, records, advertisements, credentials, training |
| 14 | | records, payroll records, school records, apprenticeship |
| 15 | | records, continuing education records, consumer complaints, |
| 16 | | and any other information relevant to the enforcement of this |
| 17 | | Act. |
| 18 | | (c) Inspections and audits. The Department may inspect and |
| 19 | | audit any licensed cirrology school, registered cirrology |
| 20 | | shop, approved continuing education sponsor, approved |
| 21 | | apprenticeship partner, approved partner employer, or other |
| 22 | | regulated person or entity as authorized by this Act and |
| 23 | | applicable law to determine compliance with this Act. |
| 24 | | (d) Disciplinary measures. If the Department determines |
| 25 | | that a violation of this Act has occurred, the Department may |
| 26 | | impose one or more of the following: |
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| 1 | | (1) denial of an application; |
| 2 | | (2) refusal to renew a credential; |
| 3 | | (3) reprimand; |
| 4 | | (4) probation subject to terms and conditions; |
| 5 | | (5) suspension; |
| 6 | | (6) revocation; |
| 7 | | (7) restriction or limitation of practice, |
| 8 | | instruction, approval, registration, or supervision |
| 9 | | authority; |
| 10 | | (8) corrective education or remedial training; |
| 11 | | (9) administrative fine as authorized by rule or law; |
| 12 | | (10) cease and desist order; or |
| 13 | | (11) any other disciplinary or corrective action |
| 14 | | authorized by this Act or applicable law. |
| 15 | | (e) Notice and opportunity to be heard. Except as |
| 16 | | otherwise provided by law, the Department shall provide notice |
| 17 | | and an opportunity to be heard before imposing discipline |
| 18 | | under this Act. Proceedings under this Section shall be |
| 19 | | conducted in accordance with applicable Illinois |
| 20 | | administrative procedure and due process requirements. |
| 21 | | (f) Summary or emergency action. If the Department |
| 22 | | determines that continued practice, instruction, operation, |
| 23 | | sponsorship, apprenticeship participation, or business |
| 24 | | activity under a credential issued under this Act presents an |
| 25 | | immediate danger to the public, the Department may take |
| 26 | | emergency or summary action to the extent authorized by law. |
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| 1 | | (g) Unlicensed practice. It is unlawful for any person or |
| 2 | | entity to: |
| 3 | | (1) practice cirrology for compensation without the |
| 4 | | license required under this Act; |
| 5 | | (2) teach cirrology without the license required under |
| 6 | | this Act; |
| 7 | | (3) operate a cirrology school without the license |
| 8 | | required under this Act; |
| 9 | | (4) operate a cirrology salon or shop without a |
| 10 | | certificate of registration as a registered cirrology |
| 11 | | shop; |
| 12 | | (5) advertise, offer, or hold itself out as an |
| 13 | | approved continuing education sponsor, approved |
| 14 | | apprenticeship partner, or approved partner employer |
| 15 | | without the approval required under this Act; or |
| 16 | | (6) use a title or designation protected under this |
| 17 | | Act without the credential required under this Act. |
| 18 | | (h) Unlawful representation. A person or entity that |
| 19 | | falsely represents itself as licensed, registered, approved, |
| 20 | | certified, or otherwise authorized under this Act, or that |
| 21 | | uses a protected title in violation of this Act, is subject to |
| 22 | | enforcement under this Section. |
| 23 | | (i) Cease and desist authority. The Department may issue a |
| 24 | | cease and desist order to any person or entity engaged in |
| 25 | | unlicensed practice, unlawful representation, or any other |
| 26 | | conduct prohibited by this Act. |
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| 1 | | (j) Civil and administrative remedies cumulative. The |
| 2 | | remedies provided in this Section are cumulative and do not |
| 3 | | preclude any other lawful civil, administrative, or criminal |
| 4 | | remedy available under Illinois law. |
| 5 | | (k) Consumer protection. The Department shall administer |
| 6 | | this Section in a manner that protects consumers, students, |
| 7 | | apprentices, educators, schools, shops, and the public, while |
| 8 | | preserving the distinct professional framework established by |
| 9 | | this Act. |
| 10 | | (l) Rulemaking authority. The Department may adopt rules |
| 11 | | necessary to implement this Section, including rules |
| 12 | | concerning complaints, investigations, inspections, audits, |
| 13 | | disciplinary procedures, administrative fines, corrective |
| 14 | | measures, and cease and desist orders, upon recommendation of |
| 15 | | the Board where required under this Act. |
| 16 | | Section 19. Transfer of hair braiding regulation; |
| 17 | | replacement of prior law. |
| 18 | | (a) Transfer of regulation. On the effective date of this |
| 19 | | Act, the regulation of hair braiding and related nonchemical |
| 20 | | textured hair practices shall begin transfer from the Barber, |
| 21 | | Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act |
| 22 | | of 1985 to this Act. |
| 23 | | The purpose of this Section is to repeal, replace, and |
| 24 | | transfer hair braiding and related textured hair licensure |
| 25 | | into the cirrology framework established under this Act while |
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| 1 | | preserving continuity of lawful practice, instruction, |
| 2 | | education, business operation, renewal, and public protection. |
| 3 | | (b) Hair braiding subsumed into cirrology. Hair braiding, |
| 4 | | African-style hair braiding, loc care, natural hair |
| 5 | | maintenance, protective styling, and related nonchemical |
| 6 | | textured hair services regulated under prior law shall, to the |
| 7 | | extent provided by this Act, be governed under the licensure, |
| 8 | | registration, approval, training, education, and disciplinary |
| 9 | | framework established by this Act. |
| 10 | | (c) Repeal and replacement intent. It is the intent of the |
| 11 | | General Assembly that this Act replace the hair braiding |
| 12 | | provisions previously regulated under the Barber, Cosmetology, |
| 13 | | Esthetics, Hair Braiding, and Nail Technology Act of 1985. |
| 14 | | (d) Corresponding categories under this Act. For purposes |
| 15 | | of transition and implementation, the Department shall assign |
| 16 | | prior hair braiding credentials, approvals, and registrations |
| 17 | | to the corresponding cirrology category or categories created |
| 18 | | under this Act, including, as applicable: |
| 19 | | (1) licensed cirrologist; |
| 20 | | (2) licensed cirrology teacher; |
| 21 | | (3) licensed cirrology school; |
| 22 | | (4) approved continuing education sponsor; |
| 23 | | (5) registered cirrology shop; |
| 24 | | (6) approved apprenticeship partner; and |
| 25 | | (7) approved partner employer. |
| 26 | | The Department may adopt rules or administrative |
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| 1 | | procedures necessary to determine the appropriate |
| 2 | | corresponding category for a prior credential, business, |
| 3 | | school, sponsor, approval, or instructional role. |
| 4 | | (e) Continuity of existing licenses and approvals. A |
| 5 | | person or entity lawfully licensed, registered, approved, or |
| 6 | | otherwise recognized under prior hair braider law shall not |
| 7 | | lose the ability to continue lawful practice, instruction, |
| 8 | | school operation, continuing education activity, shop |
| 9 | | operation, or related approved activity solely because |
| 10 | | statutory references, forms, databases, or administrative |
| 11 | | systems have not yet been updated to reflect this Act, |
| 12 | | provided that the person or entity timely complies with the |
| 13 | | transition requirements established under this Act. |
| 14 | | (f) Continuity of renewals and expirations. All hair |
| 15 | | braider license expiration and renewal dates of October 31 of |
| 16 | | even-numbered years shall automatically apply to the |
| 17 | | corresponding cirrology license category during the transition |
| 18 | | period established under this Act and until superseded by law |
| 19 | | or rule adopted under this Act. |
| 20 | | (g) Records, forms, orders, and proceedings. All records, |
| 21 | | applications, notices, renewal materials, disciplinary |
| 22 | | records, administrative orders, pending matters, and other |
| 23 | | official documents relating to hair braiding under prior law |
| 24 | | shall continue in effect and may be used, recognized, |
| 25 | | transferred, or enforced under this Act to the extent |
| 26 | | consistent with this Act and necessary to preserve continuity |
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| 1 | | of administration and public protection. |
| 2 | | Pending applications, renewals, investigations, |
| 3 | | disciplinary matters, hearings, orders, and administrative |
| 4 | | proceedings concerning hair braiding under prior law may be |
| 5 | | completed, converted, transferred, or otherwise resolved under |
| 6 | | this Act or under transitional procedures adopted by the |
| 7 | | Department. |
| 8 | | (h) References in law and rule. During the transition |
| 9 | | period and until conforming amendments are completed, any |
| 10 | | reference in Illinois law, rule, form, notice, application, |
| 11 | | disciplinary order, registration, approval, or Department |
| 12 | | record to hair braiding or African-style hair braiding under |
| 13 | | prior law shall be interpreted, to the extent practicable, in |
| 14 | | a manner that gives effect to this Act and preserves |
| 15 | | continuity of licensure, enforcement, education, and |
| 16 | | administration. |
| 17 | | (i) Conforming amendments. The General Assembly intends |
| 18 | | that all corresponding references in Illinois statutes, |
| 19 | | administrative rules, forms, and official records be amended |
| 20 | | as necessary to reflect the transfer of hair braiding and |
| 21 | | related textured hair regulation into this Act. |
| 22 | | Conforming amendments shall include, as applicable: |
| 23 | | (1) repeal or amendment of hair braiding provisions in |
| 24 | | the Barber, Cosmetology, Esthetics, Hair Braiding, and |
| 25 | | Nail Technology Act of 1985; |
| 26 | | (2) amendment of statutory references to hair braider |
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| 1 | | licensure so that such references correspond to the |
| 2 | | categories created under this Act; |
| 3 | | (3) amendment of school, teacher, sponsor, shop, |
| 4 | | apprenticeship, and disciplinary references affected by |
| 5 | | the transfer of regulation under this Act; |
| 6 | | (4) amendment of Department forms, records, and |
| 7 | | administrative systems necessary to implement this Act; |
| 8 | | and |
| 9 | | (5) amendment of the Regulatory Sunset Act and any |
| 10 | | other law necessary to reflect the creation of cirrology |
| 11 | | and the repeal, replacement, or transfer of hair braiding |
| 12 | | regulation under prior law; and |
| 13 | | (6) amendment of the short title, Article headings, |
| 14 | | and other headings of the Barber, Cosmetology, Esthetics, |
| 15 | | Hair Braiding, and Nail Technology Act of 1985, as |
| 16 | | necessary to remove hair braiding from that Act except |
| 17 | | where a historical or transitional reference is expressly |
| 18 | | required. |
| 19 | | (j) Preservation of public protection. This Section shall |
| 20 | | not be construed to eliminate, weaken, or interrupt any public |
| 21 | | health, sanitation, disciplinary, consumer protection, or |
| 22 | | enforcement authority necessary to protect the public during |
| 23 | | the transfer of regulation from prior law into this Act. |
| 24 | | (k) No reversion to cosmetology control. Nothing in this |
| 25 | | Section shall be construed to merge cirrology into |
| 26 | | cosmetology, barbering, or any other profession regulated |
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| 1 | | under another Act, or to subordinate the standards established |
| 2 | | under this Act to the prior regulatory treatment of hair |
| 3 | | braiding, except where expressly provided by law. |
| 4 | | (l) Department authority during transfer. The Department |
| 5 | | may take any administrative action reasonably necessary to |
| 6 | | carry out the transfer of regulation under this Section, |
| 7 | | including: |
| 8 | | (1) converting credentials and approvals into the |
| 9 | | corresponding cirrology categories; |
| 10 | | (2) issuing notices, revised forms, and replacement |
| 11 | | credentials; |
| 12 | | (3) accepting prior records and documentation for |
| 13 | | transition purposes; |
| 14 | | (4) maintaining continuity of renewals, discipline, |
| 15 | | and enforcement; |
| 16 | | (5) coordinating with the Board on profession-specific |
| 17 | | standards; and |
| 18 | | (6) adopting rules necessary to implement this |
| 19 | | Section. |
| 20 | | (m) Construction. This Section shall be liberally |
| 21 | | construed to effectuate the transfer of hair braiding |
| 22 | | regulation into the cirrology framework established under this |
| 23 | | Act, preserve continuity for affected workers and entities, |
| 24 | | and ensure an orderly implementation of this Act. |
| 25 | | (n) Rulemaking authority. The Department may adopt rules |
| 26 | | necessary to implement this Section, upon recommendation of |
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| 1 | | the Board where required under this Act. |
| 2 | | Section 20. Severability. The provisions of this Act are |
| 3 | | severable under Section 1.31 of the Statute on Statutes. If |
| 4 | | any provision of this Act, or its application to any person or |
| 5 | | circumstance, is held invalid, that invalidity shall not |
| 6 | | affect other provisions or applications of this Act that can |
| 7 | | be given effect without the invalid provision or application. |
| 8 | | Section 900. The Regulatory Sunset Act is amended by |
| 9 | | changing Section 4.43 as follows: |
| 10 | | (5 ILCS 80/4.43) |
| 11 | | Sec. 4.43. Act repealed on January 1, 2031. The following |
| 12 | | Act is repealed on January 1, 2031: |
| 13 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and |
| 14 | | Nail Technology Act of 1985. |
| 15 | | The Textured Hair Licensing Act. |
| 16 | | (Source: P.A. 104-153, eff. 8-1-25.) |
| 17 | | Section 902. The Barber, Cosmetology, Esthetics, and Nail |
| 18 | | Technology Act of 1985 is amended by changing the heading of |
| 19 | | Articles IIIB and IIID and Sections 1-1, 1-2, 1-4, 1-7, 1-7.5, |
| 20 | | 1-7.10, 1-10, 1-11, 1-14, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15, |
| 21 | | 3B-16, 3D-5, 4-1, 4-2, 4-4, 4-6.1, 4-7, 4-9, 4-19, and 4-20 as |
| 22 | | follows: |
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| 1 | | (225 ILCS 410/1-1) (from Ch. 111, par. 1701-1) |
| 2 | | (Section scheduled to be repealed on January 1, 2031) |
| 3 | | Sec. 1-1. Title of Act. This Act may be cited as the |
| 4 | | Barber, Cosmetology, Esthetics, Hair Braiding, and Nail |
| 5 | | Technology Act of 1985. |
| 6 | | (Source: P.A. 96-1246, eff. 1-1-11.) |
| 7 | | (225 ILCS 410/1-2) (from Ch. 111, par. 1701-2) |
| 8 | | (Section scheduled to be repealed on January 1, 2031) |
| 9 | | Sec. 1-2. Public policy. The practices of barbering, |
| 10 | | cosmetology, esthetics, hair braiding, and nail technology in |
| 11 | | the State of Illinois are hereby declared to affect the public |
| 12 | | health, safety and welfare and to be subject to regulation and |
| 13 | | control in the public interest. It is further declared to be a |
| 14 | | matter of public interest and concern that the professions |
| 15 | | merit and receive the confidence of the public and that only |
| 16 | | qualified persons be permitted to practice said professions in |
| 17 | | the State of Illinois. This Act shall be liberally construed |
| 18 | | to carry out these objects and purposes. |
| 19 | | (Source: P.A. 98-911, eff. 1-1-15.) |
| 20 | | (225 ILCS 410/1-4) |
| 21 | | (Section scheduled to be repealed on January 1, 2031) |
| 22 | | Sec. 1-4. Definitions. In this Act the following words |
| 23 | | shall have the following meanings: |
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| 1 | | "Address of record" means the designated address recorded |
| 2 | | by the Department in the applicant's application file or the |
| 3 | | licensee's license file, as maintained by the Department's |
| 4 | | licensure maintenance unit. |
| 5 | | "Board" means the Barber, Cosmetology, Esthetics, Hair |
| 6 | | Braiding, and Nail Technology Board. |
| 7 | | "Department" means the Department of Financial and |
| 8 | | Professional Regulation. |
| 9 | | "Email address of record" means the designated email |
| 10 | | address recorded by the Department in the applicant's |
| 11 | | application file or the licensee's license file, as maintained |
| 12 | | by the Department's licensure maintenance unit. |
| 13 | | "Licensed barber" means an individual licensed by the |
| 14 | | Department to practice barbering as defined in this Act and |
| 15 | | whose license is in good standing. |
| 16 | | "Licensed cosmetologist" means an individual licensed by |
| 17 | | the Department to practice cosmetology, nail technology, hair |
| 18 | | braiding, and esthetics as defined in this Act and whose |
| 19 | | license is in good standing. |
| 20 | | "Licensed esthetician" means an individual licensed by the |
| 21 | | Department to practice esthetics as defined in this Act and |
| 22 | | whose license is in good standing. |
| 23 | | "Licensed nail technician" means an individual licensed by |
| 24 | | the Department to practice nail technology as defined in this |
| 25 | | Act and whose license is in good standing. |
| 26 | | "Licensed barber teacher" means an individual licensed by |
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| 1 | | the Department to practice barbering as defined in this Act |
| 2 | | and to provide instruction in the theory and practice of |
| 3 | | barbering to students in a licensed barber school. |
| 4 | | "Licensed cosmetology teacher" means an individual |
| 5 | | licensed by the Department to practice cosmetology, esthetics, |
| 6 | | hair braiding, and nail technology as defined in this Act and |
| 7 | | to provide instruction in the theory and practice of |
| 8 | | cosmetology, esthetics, hair braiding, and nail technology to |
| 9 | | students in a licensed cosmetology, esthetics, hair braiding, |
| 10 | | or nail technology school. |
| 11 | | "Licensed cosmetology clinic teacher" means an individual |
| 12 | | licensed by the Department to practice cosmetology, esthetics, |
| 13 | | hair braiding, and nail technology as defined in this Act and |
| 14 | | to provide clinical instruction in the practice of |
| 15 | | cosmetology, esthetics, hair braiding, and nail technology in |
| 16 | | a licensed school of cosmetology, esthetics, hair braiding, or |
| 17 | | nail technology. |
| 18 | | "Licensed esthetics teacher" means an individual licensed |
| 19 | | by the Department to practice esthetics as defined in this Act |
| 20 | | and to provide instruction in the theory and practice of |
| 21 | | esthetics to students in a licensed cosmetology or esthetics |
| 22 | | school. |
| 23 | | "Licensed hair braider" means an individual licensed by |
| 24 | | the Department to practice hair braiding as defined in this |
| 25 | | Act and whose license is in good standing. |
| 26 | | "Licensed hair braiding teacher" means an individual |
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| 1 | | licensed by the Department to practice hair braiding and to |
| 2 | | provide instruction in the theory and practice of hair |
| 3 | | braiding to students in a licensed cosmetology or hair |
| 4 | | braiding school. |
| 5 | | "Licensed nail technology teacher" means an individual |
| 6 | | licensed by the Department to practice nail technology and to |
| 7 | | provide instruction in the theory and practice of nail |
| 8 | | technology to students in a licensed nail technology or |
| 9 | | cosmetology school. |
| 10 | | "Licensed continuing education sponsor" means an entity |
| 11 | | that is authorized by the Department to coordinate and present |
| 12 | | continuing education courses or programs for cosmetologists, |
| 13 | | cosmetology teachers, cosmetology clinic teachers, |
| 14 | | estheticians, esthetics teachers, nail technicians, and nail |
| 15 | | technology teachers, hair braiders, and hair braiding |
| 16 | | teachers. |
| 17 | | "Licensed school" means a postsecondary educational |
| 18 | | institution of cosmetology, barbering, esthetics, or nail |
| 19 | | technology, or hair braiding that is authorized by the |
| 20 | | Department to provide a postsecondary education program in |
| 21 | | compliance with the requirements of this Act. |
| 22 | | "Enrollment date" is the date upon which the student signs |
| 23 | | an enrollment agreement or student contract. |
| 24 | | "Enrollment agreement" or "student contract" is any |
| 25 | | agreement, instrument, or contract however named, which |
| 26 | | creates or evidences an obligation binding a student to |
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| 1 | | purchase a course of instruction from a school. |
| 2 | | "Enrollment time" means the maximum number of hours a |
| 3 | | student could have attended class, whether or not the student |
| 4 | | did in fact attend all those hours. |
| 5 | | "Elapsed enrollment time" means the enrollment time |
| 6 | | elapsed between the actual starting date and the date of the |
| 7 | | student's last day of physical attendance in the school. |
| 8 | | "Mobile shop or salon" means a self-contained facility |
| 9 | | that may be moved, towed, or transported from one location to |
| 10 | | another and in which barbering, cosmetology, esthetics, hair |
| 11 | | braiding, or nail technology is practiced. |
| 12 | | "Public member" means a person on the Board who is not a |
| 13 | | current or former licensed cosmetologist, barber, esthetician, |
| 14 | | or nail technician, or hair braider, teacher of barbering, |
| 15 | | cosmetology, esthetics, or nail technology, or hair braiding, |
| 16 | | or owner of a business that employs professionals licensed to |
| 17 | | provide services under this Act, a school licensed under this |
| 18 | | Act, or a continuing education sponsor licensed under this |
| 19 | | Act. "Public member" does not include any person with a |
| 20 | | significant financial interest in salons, shops, schools, |
| 21 | | continuing education sponsors, or products relating to |
| 22 | | cosmetology, barbering, esthetics, or nail technology, or hair |
| 23 | | braiding. |
| 24 | | "Secretary" means the Secretary of the Department of |
| 25 | | Financial and Professional Regulation. |
| 26 | | "Threading" means any technique that results in the |
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| 1 | | removal of superfluous hair from the body by twisting thread |
| 2 | | around unwanted hair and then pulling it from the skin; and may |
| 3 | | also include the incidental trimming of eyebrow hair. |
| 4 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 5 | | (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7) |
| 6 | | (Section scheduled to be repealed on January 1, 2031) |
| 7 | | Sec. 1-7. Licensure required; renewal; restoration. |
| 8 | | (a) It is unlawful for any person to practice, or to hold |
| 9 | | oneself out to be a cosmetologist, esthetician, nail |
| 10 | | technician, hair braider, or barber without a license as a |
| 11 | | cosmetologist, esthetician, nail technician, hair braider or |
| 12 | | barber issued by the Department pursuant to the provisions of |
| 13 | | this Act and of the Civil Administrative Code of Illinois. It |
| 14 | | is also unlawful for any person, firm, partnership, limited |
| 15 | | liability company, professional limited liability company, |
| 16 | | corporation, or professional service corporation to own, |
| 17 | | operate, or conduct a cosmetology, esthetics, nail technology, |
| 18 | | hair braiding, or barber school without a license issued by |
| 19 | | the Department or to own or operate a cosmetology, esthetics, |
| 20 | | or nail technology salon; , or hair braiding salon, barber |
| 21 | | shop; , or other business subject to the registration |
| 22 | | requirements of this Act without a certificate of registration |
| 23 | | issued by the Department or to present continuing education |
| 24 | | courses or programs to cosmetologists, estheticians, nail |
| 25 | | technicians, hair braiders, or teachers of these professions |
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| 1 | | without a license issued by the Department. It is further |
| 2 | | unlawful for any person to teach in any cosmetology, |
| 3 | | esthetics, nail technology, hair braiding, or barber college |
| 4 | | or school licensed by the Department or hold himself or |
| 5 | | herself out as a cosmetology, esthetics, hair braiding, nail |
| 6 | | technology, or barber teacher without a license as a teacher, |
| 7 | | issued by the Department or as a cosmetology clinic teacher |
| 8 | | without a license as a cosmetology clinic teacher issued by |
| 9 | | the Department. |
| 10 | | (b) Notwithstanding any other provision of this Act, a |
| 11 | | person licensed as a cosmetologist may hold oneself out as an |
| 12 | | esthetician and may engage in the practice of esthetics, as |
| 13 | | defined in this Act, without being licensed as an esthetician. |
| 14 | | A person licensed as a cosmetology teacher may teach esthetics |
| 15 | | or hold oneself out as an esthetics teacher without being |
| 16 | | licensed as an esthetics teacher. A person licensed as a |
| 17 | | cosmetologist may hold oneself out as a nail technician and |
| 18 | | may engage in the practice of nail technology, as defined in |
| 19 | | this Act, without being licensed as a nail technician. A |
| 20 | | person licensed as a cosmetology teacher may teach nail |
| 21 | | technology and hold oneself out as a nail technology teacher |
| 22 | | without being licensed as a nail technology teacher. A person |
| 23 | | licensed as a cosmetologist may hold oneself out as a hair |
| 24 | | braider and may engage in the practice of hair braiding, as |
| 25 | | defined in this Act, without being licensed as a hair braider. |
| 26 | | A person licensed as a cosmetology teacher may teach hair |
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| 1 | | braiding and hold oneself out as a hair braiding teacher |
| 2 | | without being licensed as a hair braiding teacher. |
| 3 | | (c) A person licensed as a barber teacher may hold oneself |
| 4 | | out as a barber and may practice barbering without a license as |
| 5 | | a barber. A person licensed as a cosmetology teacher may hold |
| 6 | | oneself out as a cosmetologist, esthetician, hair braider, and |
| 7 | | nail technologist and may practice cosmetology, esthetics, |
| 8 | | hair braiding, and nail technology without a license as a |
| 9 | | cosmetologist, esthetician, hair braider, or nail |
| 10 | | technologist. A person licensed as an esthetics teacher may |
| 11 | | hold oneself out as an esthetician without being licensed as |
| 12 | | an esthetician and may practice esthetics. A person licensed |
| 13 | | as a nail technician teacher may practice nail technology and |
| 14 | | may hold oneself out as a nail technologist without being |
| 15 | | licensed as a nail technologist. A person licensed as a hair |
| 16 | | braiding teacher may practice hair braiding and may hold |
| 17 | | oneself out as a hair braider without being licensed as a hair |
| 18 | | braider. |
| 19 | | (c-5) A person with an active license as a cosmetologist |
| 20 | | may obtain or restore an additional license as an esthetician, |
| 21 | | or nail technician, or hair braider without having to complete |
| 22 | | the additional licensure requirements for each profession, |
| 23 | | other than payment of the fee, by filing an application |
| 24 | | provided by the Department for each additional license. A |
| 25 | | person with an active license as a cosmetology teacher may |
| 26 | | obtain or restore an additional license as an esthetics |
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| 1 | | teacher, or nail technology teacher, or hair braider teacher |
| 2 | | without having to complete the additional licensure |
| 3 | | requirements for each profession, other than payment of the |
| 4 | | fee, by filing an application provided by the Department for |
| 5 | | each additional license. A person with an active license as a |
| 6 | | cosmetology teacher may obtain or restore an additional |
| 7 | | license as a cosmetologist, esthetician, or nail technician, |
| 8 | | or hair braider without having to complete the additional |
| 9 | | licensure requirements for each profession, other than payment |
| 10 | | of the fee, by filing an application provided by the |
| 11 | | Department for each additional license. A person with an |
| 12 | | active license as a barber teacher may also obtain or restore a |
| 13 | | barber license without having to complete the additional |
| 14 | | licensure requirements, other than payment of the fee, by |
| 15 | | filing an application provided by the Department. A person |
| 16 | | with an active license as an esthetics teacher may also obtain |
| 17 | | or restore an esthetician license without having to complete |
| 18 | | the additional licensure requirements, other than payment of |
| 19 | | the fee, by filing an application provided by the Department. |
| 20 | | A person with an active license as a nail technology teacher |
| 21 | | may also obtain or restore a nail technician license without |
| 22 | | having to complete the additional licensure requirements, |
| 23 | | other than payment of the fee, by filing an application |
| 24 | | provided by the Department. A person with an active license as |
| 25 | | a hair braiding teacher may also obtain or restore a hair |
| 26 | | braider license without having to complete the additional |
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| 1 | | licensure requirements, other than payment of the fee, filing |
| 2 | | an application provided by the Department. The Department may |
| 3 | | provide for other requirements for obtaining or restoring |
| 4 | | additional licenses by rule. |
| 5 | | (d) The holder of a license issued under this Act may renew |
| 6 | | that license during the month preceding the expiration date of |
| 7 | | the license by paying the required fee. |
| 8 | | (e) The expiration date, renewal period, and conditions |
| 9 | | for renewal and restoration of each license shall be |
| 10 | | established by rule. |
| 11 | | (f) A license issued under the provisions of this Act as a |
| 12 | | barber, barber teacher, cosmetologist, cosmetology teacher, |
| 13 | | cosmetology clinic teacher, esthetician, esthetics teacher, |
| 14 | | nail technician, or nail technician teacher, hair braider, or |
| 15 | | hair braiding teacher that has expired while the holder of the |
| 16 | | license was engaged (1) in federal service on active duty with |
| 17 | | the Army, Navy, Marine Corps, Air Force, Space Force, or Coast |
| 18 | | Guard of the United States of America, or any Women's |
| 19 | | Auxiliary thereof, or the State Militia called into the |
| 20 | | service or training of the United States of America or (2) in |
| 21 | | training or education under the supervision of the United |
| 22 | | States preliminary to induction into the military service, may |
| 23 | | be reinstated or restored without payment of any lapsed |
| 24 | | renewal fees, reinstatement fee, or restoration fee if within |
| 25 | | 2 years after the termination of such service, training, or |
| 26 | | education other than by dishonorable discharge, the holder |
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| 1 | | furnishes the Department with an affidavit to the effect that |
| 2 | | the holder has been so engaged and that the holder's service, |
| 3 | | training, or education has been so terminated. |
| 4 | | (Source: P.A. 103-746, eff. 1-1-25; 104-153, eff. 1-1-26.) |
| 5 | | (225 ILCS 410/1-7.5) |
| 6 | | (Section scheduled to be repealed on January 1, 2031) |
| 7 | | Sec. 1-7.5. Unlicensed practice; violation; civil penalty. |
| 8 | | (a) Any person who practices, offers to practice, attempts |
| 9 | | to practice, or holds oneself out to practice barbering, |
| 10 | | cosmetology, esthetics, hair braiding, or nail technology |
| 11 | | without being licensed under this Act shall, in addition to |
| 12 | | any other penalty provided by law, pay a civil penalty to the |
| 13 | | Department in an amount not to exceed $5,000 for each offense |
| 14 | | as determined by the Department. The civil penalty shall be |
| 15 | | assessed by the Department after a hearing is held in |
| 16 | | accordance with the provisions set forth in this Act regarding |
| 17 | | disciplining a licensee. |
| 18 | | (b) The Department has the authority and power to |
| 19 | | investigate any and all unlicensed activity. |
| 20 | | (c) The civil penalty shall be paid within 60 days after |
| 21 | | the effective date of the order imposing the civil penalty. |
| 22 | | The order shall constitute a judgment and may be filed and |
| 23 | | execution had thereon in the same manner as any judgment from |
| 24 | | any court of record. |
| 25 | | (Source: P.A. 104-153, eff. 1-1-26.) |
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| 1 | | (225 ILCS 410/1-7.10) |
| 2 | | (Section scheduled to be repealed on January 1, 2031) |
| 3 | | Sec. 1-7.10. Abnormal skin growth education. |
| 4 | | (a) In addition to any other requirements under this Act, |
| 5 | | the following applicants must provide proof of completion of a |
| 6 | | course approved by the Department in abnormal skin growth |
| 7 | | education, including training on identifying melanoma: |
| 8 | | (1) An applicant who submits an application for |
| 9 | | original licensure on or after January 1, 2026. |
| 10 | | (2) An applicant who was licensed before January 1, |
| 11 | | 2026 when submitting the applicant's first application for |
| 12 | | renewal or restoration of a license on or after January 1, |
| 13 | | 2026. |
| 14 | | (b) Nothing in this Section shall be construed to create a |
| 15 | | cause of action or any civil liabilities or to require or |
| 16 | | permit a licensee or applicant under this Act to practice |
| 17 | | medicine or otherwise practice outside of the scope of |
| 18 | | practice of a licensed barber, cosmetologist, esthetician, |
| 19 | | hair braider, or nail technician. |
| 20 | | (c) A person licensed under this Act may refer an |
| 21 | | individual to seek care from a medical professional regarding |
| 22 | | an abnormal skin growth. Neither a person licensed under this |
| 23 | | Act who completes abnormal skin growth education nor the |
| 24 | | person's employer, shall be civilly or criminally liable for |
| 25 | | acting in good faith or failing to act on information obtained |
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| 1 | | during the course of practicing in the person's profession or |
| 2 | | employment concerning potential abnormal skin growths. |
| 3 | | (Source: P.A. 103-851, eff. 8-9-24; 104-153, eff. 1-1-26.) |
| 4 | | (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10) |
| 5 | | (Section scheduled to be repealed on January 1, 2031) |
| 6 | | Sec. 1-10. Display. Every holder of a license under this |
| 7 | | Act shall display it in a prominent place in the salon or shop |
| 8 | | where clients enter or wait to receive services and in the same |
| 9 | | prominent location, every license holder shall also display a |
| 10 | | sign provided by the Department that includes information |
| 11 | | about this Act and rules, sanitary requirements, and contact |
| 12 | | information for the Department's complaint intake unit. |
| 13 | | Whenever a license holder provides barber, cosmetology, |
| 14 | | esthetics, hair braiding, or nail technology services to |
| 15 | | clients outside of or away from the person's salon or shop, the |
| 16 | | license holder shall provide any person so requesting proof |
| 17 | | that the person has a valid license issued by the Department. |
| 18 | | Every registered shop or salon shall display its |
| 19 | | certificate of registration in a prominent place at the |
| 20 | | location of the shop or salon where clients enter or wait to |
| 21 | | receive services and, in the same prominent location, every |
| 22 | | license holder shall also display a sign provided by the |
| 23 | | Department that includes information about this Act and rules, |
| 24 | | sanitary requirements, and contact information for the |
| 25 | | Department's complaint intake unit. Each shop or salon where |
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| 1 | | barber, cosmetology, esthetics, hair braiding, or nail |
| 2 | | technology services are provided shall have a certificate of |
| 3 | | registration and shall display the Department's sign as |
| 4 | | required by this Section. |
| 5 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 6 | | (225 ILCS 410/1-11) |
| 7 | | (Section scheduled to be repealed on January 1, 2031) |
| 8 | | Sec. 1-11. Exceptions to Act. |
| 9 | | (a) Nothing in this Act shall be construed to apply to the |
| 10 | | educational activities conducted in connection with any |
| 11 | | monthly, annual, or other special educational program of any |
| 12 | | bona fide association of licensed cosmetologists, |
| 13 | | estheticians, nail technicians, hair braiders, or barbers, or |
| 14 | | licensed cosmetology, esthetics, nail technology, hair |
| 15 | | braiding, or barber schools from which the general public is |
| 16 | | excluded. |
| 17 | | (b) Nothing in this Act shall be construed to apply to the |
| 18 | | activities and services of registered nurses or licensed |
| 19 | | practical nurses, as defined in the Nurse Practice Act, or to |
| 20 | | personal care or health care services provided by individuals |
| 21 | | in the performance of the individuals' duties as employed or |
| 22 | | authorized by facilities or programs licensed or certified by |
| 23 | | State agencies. As used in this subsection (b), "personal |
| 24 | | care" means assistance with meals, dressing, movement, |
| 25 | | bathing, or other personal needs or maintenance or general |
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| 1 | | supervision and oversight of the physical and mental |
| 2 | | well-being of an individual who is incapable of maintaining a |
| 3 | | private, independent residence or who is incapable of managing |
| 4 | | the person whether or not a guardian has been appointed for |
| 5 | | that individual. The definition of "personal care" as used in |
| 6 | | this subsection (b) shall not otherwise be construed to negate |
| 7 | | the requirements of this Act or its rules. |
| 8 | | (c) Nothing in this Act shall be deemed to require |
| 9 | | licensure of individuals employed by the motion picture, film, |
| 10 | | television, stage play, or related industry for the purpose of |
| 11 | | providing cosmetology or esthetics services to actors of that |
| 12 | | industry while engaged in the practice of cosmetology or |
| 13 | | esthetics as a part of that person's employment. |
| 14 | | (d) Nothing in this Act shall be deemed to require |
| 15 | | licensure of an inmate of the Department of Corrections who |
| 16 | | performs barbering or cosmetology with the approval of the |
| 17 | | Department of Corrections during the person's incarceration. |
| 18 | | (e) Nothing in this Act shall be construed to limit the |
| 19 | | ability of a licensed physician to practice medicine in all of |
| 20 | | its branches. |
| 21 | | (Source: P.A. 104-134, eff. 8-1-25; 104-153, eff. 1-1-26; |
| 22 | | revised 11-21-25.) |
| 23 | | (225 ILCS 410/1-14) |
| 24 | | (Section scheduled to be repealed on January 1, 2031) |
| 25 | | Sec. 1-14. Teacher education. The Department may accept, |
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| 1 | | instead of the teacher training requirements set forth in |
| 2 | | subsection (d) of Sections 2-4, paragraph (4) of subsection |
| 3 | | (a) of Section 3-4, paragraph (4) of subsection (a) of Section |
| 4 | | 3A-3, paragraph (4) of subsection (a) of Section 3C-3, and |
| 5 | | Section 3E-3 of this Act, proof that the applicant has |
| 6 | | completed educational courses at a college or university that |
| 7 | | are similar to those included in the rules regarding teacher |
| 8 | | curriculum, including student teaching, or proof of a current |
| 9 | | professional educator license or career and technical educator |
| 10 | | license issued by the State Board of Education and proof of 2 |
| 11 | | years of experience as a teacher. Any teacher who maintains a |
| 12 | | professional educator license or career and technical educator |
| 13 | | license through the State Board of Education and completes |
| 14 | | professional development hours for that license may also use |
| 15 | | those hours toward the teacher's continuing education |
| 16 | | requirements at renewal of the teacher's cosmetology teacher, |
| 17 | | esthetics teacher, or nail technology teacher license , or hair |
| 18 | | braiding teacher licenses through the Department. |
| 19 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 20 | | (225 ILCS 410/Art. IIIB heading) |
| 21 | | ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING, |
| 22 | | AND NAIL TECHNOLOGY SCHOOLS |
| 23 | | (Source: P.A. 98-911, eff. 1-1-15.) |
| 24 | | (225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1) |
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| 1 | | (Section scheduled to be repealed on January 1, 2031) |
| 2 | | Sec. 3B-1. Application. The provisions of this Article are |
| 3 | | applicable only to barber, cosmetology, esthetics, hair |
| 4 | | braiding, and nail technology schools regulated under this |
| 5 | | Act. |
| 6 | | (Source: P.A. 98-911, eff. 1-1-15.) |
| 7 | | (225 ILCS 410/3B-10) |
| 8 | | (Section scheduled to be repealed on January 1, 2031) |
| 9 | | Sec. 3B-10. Requisites for ownership or operation of |
| 10 | | school. No person, firm, or corporation may own, operate, or |
| 11 | | conduct a school of barbering, cosmetology, esthetics, hair |
| 12 | | braiding, or nail technology for the purpose of teaching |
| 13 | | barbering, cosmetology, esthetics, hair braiding, or nail |
| 14 | | technology for compensation unless licensed by the Department. |
| 15 | | A licensed school is a postsecondary educational institution |
| 16 | | authorized by the Department to provide a postsecondary |
| 17 | | education program in compliance with the requirements of this |
| 18 | | Act. An applicant shall apply to the Department on forms |
| 19 | | provided by the Department, pay the required fees, and comply |
| 20 | | with the following requirements: |
| 21 | | 1. The applicant must submit to the Department for |
| 22 | | approval: |
| 23 | | a. A floor plan, drawn to a scale specified on the |
| 24 | | floor plan, showing every detail of the proposed |
| 25 | | school; and |
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| 1 | | b. A lease commitment, agreement to use the space, |
| 2 | | or proof of ownership for the location of the proposed |
| 3 | | school; a lease commitment must provide for execution |
| 4 | | of the lease upon the Department's approval of the |
| 5 | | school's application and the lease or agreement must |
| 6 | | be for a period of at least one year, and for schools |
| 7 | | operated by a public high school, community college, |
| 8 | | university, or other governmental institution, this |
| 9 | | requirement is waived. |
| 10 | | c. (Blank). |
| 11 | | 2. An application to own or operate a school shall |
| 12 | | include the following: |
| 13 | | a. If the owner is a professional service |
| 14 | | corporation or a corporation, a copy of the Articles |
| 15 | | of Incorporation or, if the owner is a professional |
| 16 | | limited liability company or a limited liability |
| 17 | | company, a copy of the articles of organization; |
| 18 | | b. If the owner is a partnership, a listing of all |
| 19 | | partners and their current addresses; |
| 20 | | c. If the applicant is an owner, a completed |
| 21 | | attestation regarding the owner's financial ability to |
| 22 | | operate the school for at least 3 months, and for |
| 23 | | schools operated by a public high school, community |
| 24 | | college, university, or other governmental |
| 25 | | institution, this requirement is waived; |
| 26 | | d. A copy of the official enrollment agreement or |
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| 1 | | student contract to be used by the school, which shall |
| 2 | | be consistent with the requirements of this Act, |
| 3 | | rules, and other applicable laws; |
| 4 | | e. A listing of all teachers who will be in the |
| 5 | | school's employ, including their teacher license |
| 6 | | numbers; |
| 7 | | f. A copy of the curricula that will be followed; |
| 8 | | g. The names, addresses, and current licensure and |
| 9 | | operating status of all schools in which the applicant |
| 10 | | has previously owned any interest, and a declaration |
| 11 | | as to whether any of these schools were ever denied |
| 12 | | accreditation or licensing or lost accreditation or |
| 13 | | licensing from any governmental body or accrediting |
| 14 | | agency; |
| 15 | | h. Each application for a certificate of approval |
| 16 | | shall be signed and certified under oath by the |
| 17 | | school's chief managing employee; |
| 18 | | i. A copy of the school's official transcript; |
| 19 | | j. The required fee; and. |
| 20 | | k. A disclosure of all licenses issued by the |
| 21 | | Department of all owners, partners, or members of the |
| 22 | | school, including license numbers and the current |
| 23 | | status of the license. |
| 24 | | 3. Each application for a license to operate a school |
| 25 | | shall also contain the following commitments: |
| 26 | | a. To conduct the school in accordance with this |
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| 1 | | Act and the standards, and rules from time to time |
| 2 | | adopted under this Act and to meet standards and |
| 3 | | requirements at least as stringent as those required |
| 4 | | by Part H of the Federal Higher Education Act of 1965; . |
| 5 | | b. To permit the Department to inspect the school |
| 6 | | or classes thereof from time to time with or without |
| 7 | | notice; and to make available to the Department, at |
| 8 | | any time when required to do so, information including |
| 9 | | financial information pertaining to the activities of |
| 10 | | the school required for the administration of this Act |
| 11 | | and the standards and rules adopted under this Act; |
| 12 | | c. To utilize only advertising and solicitation |
| 13 | | which is free from misrepresentation, deception, |
| 14 | | fraud, or other misleading or unfair trade practices; |
| 15 | | d. To screen applicants to the school prior to |
| 16 | | enrollment pursuant to the requirements of the |
| 17 | | school's regional or national accrediting agency, if |
| 18 | | any, and to maintain any and all records of such |
| 19 | | screening. If the course of instruction is offered in |
| 20 | | a language other than English, the screening shall |
| 21 | | also be performed in that language; |
| 22 | | e. To post in a conspicuous place a statement, |
| 23 | | developed by the Department, of students' student's |
| 24 | | rights provided under this Act. |
| 25 | | 4. The applicant shall establish to the satisfaction |
| 26 | | of the Department that the owner possesses sufficient |
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| 1 | | liquid assets to meet the prospective expenses of the |
| 2 | | school for a period of 3 months. In the discretion of the |
| 3 | | Department, additional proof of financial ability may be |
| 4 | | required. |
| 5 | | 5. The applicant shall comply with all rules of the |
| 6 | | Department determining the necessary curriculum and |
| 7 | | equipment required for the conduct of the school. |
| 8 | | 6. The applicant must demonstrate employment of a |
| 9 | | sufficient number of qualified teachers who are holders of |
| 10 | | a current license issued by the Department. |
| 11 | | 7. A final inspection of the barber, cosmetology, |
| 12 | | esthetics, hair braiding, or nail technology school shall |
| 13 | | be made by the Department before the school may commence |
| 14 | | classes. |
| 15 | | 8. A written inspection report must be made by the |
| 16 | | State Fire Marshal or a local fire authority approving the |
| 17 | | use of the proposed premises as a barber, cosmetology, |
| 18 | | esthetics, hair braiding, or nail technology school. |
| 19 | | (Source: P.A. 104-153, eff. 1-1-26; revised 12-12-25.) |
| 20 | | (225 ILCS 410/3B-11) |
| 21 | | (Section scheduled to be repealed on January 1, 2031) |
| 22 | | Sec. 3B-11. Periodic review of barber, cosmetology, |
| 23 | | esthetics, hair braiding, and nail technology schools. All |
| 24 | | licensed schools and courses of instruction are subject to |
| 25 | | review by the Department. The review shall include |
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| 1 | | consideration of a comparison between the graduation or |
| 2 | | completion rate for the school and the graduation or |
| 3 | | completion rate for the schools within that classification of |
| 4 | | schools. The review may also require the school to provide the |
| 5 | | Department with the enrollment agreement and curricula of the |
| 6 | | school to ensure compliance requirements of this Act, any |
| 7 | | applicable rules, and other applicable laws. The Department |
| 8 | | may also inspect the school premises and school records for |
| 9 | | requirements of this Act and any applicable rules. |
| 10 | | Consideration shall be given to complaints and information |
| 11 | | forwarded to the Department by the Federal Trade Commission, |
| 12 | | Better Business Bureaus, the Illinois Attorney General's |
| 13 | | Office, a State's Attorney's Office, other State or official |
| 14 | | approval agencies, local school officials, and interested |
| 15 | | persons. The Department shall investigate all complaints filed |
| 16 | | with the Department about a school or its sales |
| 17 | | representatives. |
| 18 | | A school shall retain the records, as defined by rule, of a |
| 19 | | student who withdraws from or drops out of the school, by |
| 20 | | written notice of cancellation or otherwise, for 7 years from |
| 21 | | the student's first day of attendance. However, a school shall |
| 22 | | retain indefinitely the transcript of each student who |
| 23 | | completes the program and graduates from the school. |
| 24 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 25 | | (225 ILCS 410/3B-12) |
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| 1 | | (Section scheduled to be repealed on January 1, 2031) |
| 2 | | Sec. 3B-12. Enrollment agreements. |
| 3 | | (a) As used in this Section, "clear and conspicuous" means |
| 4 | | at least 10 point bold type and larger than other text. |
| 5 | | Enrollment agreements shall be used by barber, |
| 6 | | cosmetology, esthetics, hair braiding, and nail technology |
| 7 | | schools licensed to operate by the Department and shall |
| 8 | | include the following written disclosures: |
| 9 | | (1) The name and address of the school and the |
| 10 | | addresses where instruction will be given; |
| 11 | | (2) The name and description of the course of |
| 12 | | instruction, including the number of clock hours in each |
| 13 | | course and an approximate number of weeks or months |
| 14 | | required for completion; |
| 15 | | (3) The scheduled starting date and calculated |
| 16 | | completion date; |
| 17 | | (4) The total cost of the course of instruction |
| 18 | | including any charges made by the school for tuition, |
| 19 | | books, materials, supplies, and other expenses; |
| 20 | | (5) A clear and conspicuous statement that the |
| 21 | | contract is a legally binding instrument when signed by |
| 22 | | the student and accepted by the school; |
| 23 | | (6) A clear and conspicuous caption in bold type that |
| 24 | | is at least 10 point, larger than the other text in the |
| 25 | | agreement, and in all capital letters that states "BUYER'S |
| 26 | | RIGHT TO CANCEL" under which it is explained that the |
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| 1 | | student has the right to cancel the initial enrollment |
| 2 | | agreement until midnight of the fifth business day after |
| 3 | | the student's enrollment date; and if notice of the right |
| 4 | | to cancel is not given to any prospective student at the |
| 5 | | time the enrollment agreement is signed, then the student |
| 6 | | has the right to cancel the agreement at any time and |
| 7 | | receive a refund of all monies paid to date within 10 days |
| 8 | | of cancellation; |
| 9 | | (7) A notice to the students that the cancellation |
| 10 | | must be in writing and given to the registered agent, if |
| 11 | | any, or managing employee of the school; |
| 12 | | (8) The school's refund policy for unearned tuition, |
| 13 | | fees, and other charges; |
| 14 | | (9) The date of the student's signature and the date |
| 15 | | of the student's admission; |
| 16 | | (10) The name of the school employee or agent |
| 17 | | responsible for procuring, soliciting, or enrolling the |
| 18 | | student; |
| 19 | | (11) A clear statement that the institution does not |
| 20 | | guarantee employment and a statement describing the |
| 21 | | school's placement assistance procedures; |
| 22 | | (12) The graduation requirements of the school; |
| 23 | | (13) The contents of the following notice, in at least |
| 24 | | 10 point bold type and larger than the other text in the |
| 25 | | agreement: |
| 26 | | "NOTICE TO THE STUDENT" |
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| 1 | | "Do not sign this contract before you read it or if it |
| 2 | | contains any blank space. You are entitled to an exact |
| 3 | | copy of the contract you sign." |
| 4 | | (14) A statement either in the enrollment agreement or |
| 5 | | separately provided and acknowledged by the student |
| 6 | | indicating the number of students who did not complete the |
| 7 | | course of instruction for which they enrolled for the past |
| 8 | | calendar year as compared to the number of students who |
| 9 | | enrolled in school during the school's past calendar year; |
| 10 | | (15) The following clear and conspicuous caption, in |
| 11 | | at least 10 point bold type, larger than the other text in |
| 12 | | the agreement, and in all capital letters: "COMPLAINTS |
| 13 | | AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE DEPARTMENT |
| 14 | | OF FINANCIAL AND PROFESSIONAL REGULATION", set forth with |
| 15 | | the address, telephone number, and website address for the |
| 16 | | Department's Complaint Intake Unit. |
| 17 | | (b) If the enrollment is negotiated orally in a language |
| 18 | | other than English, then copies of the above disclosures shall |
| 19 | | be tendered in the language in which the contract was |
| 20 | | negotiated prior to executing the enrollment agreement. |
| 21 | | (c) The school shall comply with all applicable |
| 22 | | requirements of the Retail Installment Sales Act in its |
| 23 | | enrollment agreement or student contracts. |
| 24 | | (d) No enrollment agreement or student contract shall |
| 25 | | contain a wage assignment provision or a confession of |
| 26 | | judgment clause. |
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| 1 | | (e) Any provision in an enrollment agreement or student |
| 2 | | contract that purports to waive the student's right to assert |
| 3 | | against the school, or any assignee, any claim or defense the |
| 4 | | student may have against the school arising under the |
| 5 | | contract, including a claim or defense pursuant to Section |
| 6 | | 3B-6, shall be void. No enrollment agreement or student |
| 7 | | contract shall contain provisions requiring student |
| 8 | | confidentiality or non-disclosure related to the school and |
| 9 | | any claim or defense the student may have against the school, |
| 10 | | and any such provisions shall be void. |
| 11 | | (f) Two copies of the enrollment agreement shall be signed |
| 12 | | by the student. One copy shall be given to the student and the |
| 13 | | school shall retain the other copy as part of the student's |
| 14 | | permanent record. |
| 15 | | (g) The school shall comply with all applicable |
| 16 | | requirements of the Student Debt Assistance Act. |
| 17 | | (h) At any time upon the Department's request, a licensed |
| 18 | | school shall provide its current enrollment agreement to the |
| 19 | | Department for review and compliance with the requirements of |
| 20 | | this Act, any applicable rules, and other applicable laws. A |
| 21 | | licensed school shall be required to have Department review |
| 22 | | and approval of all enrollment agreements and contracts with |
| 23 | | students. |
| 24 | | (i) Licensed public schools will be deemed to be in |
| 25 | | compliance with this Section if the schools comply with the |
| 26 | | requirements of its public institution. |
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| 1 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 2 | | (225 ILCS 410/3B-15) |
| 3 | | (Section scheduled to be repealed on January 1, 2031) |
| 4 | | Sec. 3B-15. Grounds for disciplinary action. In addition |
| 5 | | to any other cause herein set forth the Department may refuse |
| 6 | | to issue or renew and may suspend, place on probation, or |
| 7 | | revoke any license to operate a school, or take any other |
| 8 | | disciplinary or non-disciplinary action that the Department |
| 9 | | may deem proper, including the imposition of fines not to |
| 10 | | exceed $5,000 for each violation, for any one or any |
| 11 | | combination of the following causes: |
| 12 | | (1) Repeated violation of any provision of this Act or |
| 13 | | any standard or rule established under this Act. |
| 14 | | (2) Knowingly furnishing false, misleading, or |
| 15 | | incomplete information to the Department or failure to |
| 16 | | furnish information requested by the Department. |
| 17 | | (3) Violation of any commitment made in an application |
| 18 | | for a license, including failure to maintain standards |
| 19 | | that are the same as, or substantially equivalent to, |
| 20 | | those represented in the school's applications and |
| 21 | | advertising. |
| 22 | | (4) Presenting to prospective students information |
| 23 | | relating to the school, or to employment opportunities or |
| 24 | | opportunities for enrollment in institutions of higher |
| 25 | | learning after entering into or completing courses offered |
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| 1 | | by the school, that is false, misleading, or fraudulent. |
| 2 | | (5) Failure to provide premises or equipment or to |
| 3 | | maintain them in a safe and sanitary condition as required |
| 4 | | by law. |
| 5 | | (6) Failure to maintain financial resources adequate |
| 6 | | for the satisfactory conduct of the courses of instruction |
| 7 | | offered or to retain a sufficient and qualified |
| 8 | | instructional and administrative staff. |
| 9 | | (7) Refusal to admit applicants on account of race, |
| 10 | | color, creed, sex, physical or mental disability unrelated |
| 11 | | to ability, religion, or national origin. |
| 12 | | (8) Paying a commission or valuable consideration to |
| 13 | | any person for acts or services performed in violation of |
| 14 | | this Act. |
| 15 | | (9) Attempting to confer a fraudulent degree, diploma, |
| 16 | | or certificate upon a student. |
| 17 | | (10) Failure to correct any deficiency or act of |
| 18 | | noncompliance under this Act or the standards and rules |
| 19 | | established under this Act within reasonable time limits |
| 20 | | set by the Department. |
| 21 | | (11) Conduct of business or instructional services |
| 22 | | other than at locations approved by the Department. |
| 23 | | (12) Failure to make all of the disclosures or making |
| 24 | | inaccurate disclosures to the Department or in the |
| 25 | | enrollment agreement as required under this Act. |
| 26 | | (13) Failure to make appropriate refunds as required |
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| 1 | | by this Act. |
| 2 | | (14) Denial, loss, or withdrawal of accreditation by |
| 3 | | any accrediting agency. |
| 4 | | (15) During any calendar year, having a failure rate |
| 5 | | of 25% or greater for those of its students who for the |
| 6 | | first time take the examination authorized by the |
| 7 | | Department to determine fitness to receive a license as a |
| 8 | | barber, barber teacher, cosmetologist, cosmetology |
| 9 | | teacher, esthetician, esthetician teacher, hair braider, |
| 10 | | hair braiding teacher, nail technician, or nail technology |
| 11 | | teacher, provided that a student who transfers into the |
| 12 | | school having completed 50% or more of the required |
| 13 | | program and who takes the examination during that calendar |
| 14 | | year shall not be counted for purposes of determining the |
| 15 | | school's failure rate on an examination, without regard to |
| 16 | | whether that transfer student passes or fails the |
| 17 | | examination. |
| 18 | | (16) Failure to maintain a written record indicating |
| 19 | | the funds received per student and funds paid out per |
| 20 | | student. Such records shall be maintained for a minimum of |
| 21 | | 7 years and shall be made available to the Department upon |
| 22 | | request. Such records shall identify the funding source |
| 23 | | and amount for any student who has enrolled as well as any |
| 24 | | other item set forth by rule. |
| 25 | | (17) Failure to maintain a copy of the student record |
| 26 | | as defined by rule. |
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| 1 | | (18) Entering into enrollment agreements or contracts |
| 2 | | with students that are not in accordance with this Act and |
| 3 | | any applicable rules. |
| 4 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 5 | | (225 ILCS 410/3B-16) |
| 6 | | (Section scheduled to be repealed on January 1, 2031) |
| 7 | | Sec. 3B-16. Exceptions for public schools. The Secretary |
| 8 | | may waive any requirement of this Act or of the rules enacted |
| 9 | | by the Department pursuant to this Act pertaining to the |
| 10 | | operation of a barber, cosmetology, esthetics, hair braiding, |
| 11 | | or nail technology school owned or operated by the Department |
| 12 | | of Corrections, Federal Bureau of Prisons, or a county jail or |
| 13 | | county department of corrections and located in a correctional |
| 14 | | facility to educate inmates that is inconsistent with the |
| 15 | | mission or operations of the Department of Corrections, |
| 16 | | Federal Bureau of Prisons, or a county jail or county |
| 17 | | department of corrections or is detrimental to the safety and |
| 18 | | security of any correctional facility or for any other reason |
| 19 | | related to the operation of the facility. The Secretary may |
| 20 | | waive any requirement of this Act or of the rules enacted by |
| 21 | | the Department pursuant to this Act pertaining to the |
| 22 | | operation of a barber, cosmetology, esthetics, hair braiding, |
| 23 | | or nail technology school owned or operated by a public |
| 24 | | Secondary School including a high school, a School for a |
| 25 | | Designated Purpose, or an a Alternative High School under the |
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| 1 | | School Code, and located on the school's property to educate |
| 2 | | students that is inconsistent with the mission or operations |
| 3 | | of the public school or is detrimental to the safety and |
| 4 | | security of the school, or any other reason related to the |
| 5 | | operation of the school. Nothing in this Section 3B-16 exempts |
| 6 | | the Department of Corrections, the Federal Bureau of Prisons, |
| 7 | | a county jail or county department of corrections, or |
| 8 | | Secondary Schools defined as high schools, Schools for a |
| 9 | | Designated Purpose, and Alternative High Schools under the |
| 10 | | School Code from the necessity of licensure. |
| 11 | | (Source: P.A. 104-153, eff. 1-1-26; revised 12-12-25.) |
| 12 | | (225 ILCS 410/Art. IIID heading) |
| 13 | | ARTICLE IIID. COSMETOLOGY, ESTHETICS, HAIR BRAIDING, |
| 14 | | AND NAIL TECHNOLOGY SALONS AND BARBER SHOPS |
| 15 | | (Source: P.A. 96-1246, eff. 1-1-11.) |
| 16 | | (225 ILCS 410/3D-5) |
| 17 | | (Section scheduled to be repealed on January 1, 2031) |
| 18 | | Sec. 3D-5. Requisites for ownership or operation of |
| 19 | | cosmetology, esthetics, hair braiding, and nail technology |
| 20 | | salons and barber shops. |
| 21 | | (a) No person, firm, partnership, limited liability |
| 22 | | company, professional limited liability company, corporation, |
| 23 | | or professional service corporation shall own or operate a |
| 24 | | cosmetology, esthetics, hair braiding, or nail technology |
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| 1 | | salon or barber shop or employ, rent space to, or |
| 2 | | independently contract with any licensee under this Act |
| 3 | | without applying on forms provided by the Department for a |
| 4 | | certificate of registration. This registration shall be in |
| 5 | | addition to and shall not replace or supersede any other |
| 6 | | business license, registration, or permit that may be required |
| 7 | | by local municipalities or other governmental entities to own |
| 8 | | or operate a business in the governmental entity's |
| 9 | | jurisdiction. The issuance of a license, registration, or |
| 10 | | permit by a municipality or another governmental entity to a |
| 11 | | salon or shop shall not waive the requirement to obtain a |
| 12 | | certificate of registration from the Department to own or |
| 13 | | operate a salon or shop. |
| 14 | | (b) The application for a certificate of registration |
| 15 | | under this Section shall set forth the name, address, and |
| 16 | | telephone number of the proposed cosmetology, esthetics, hair |
| 17 | | braiding, or nail technology salon or barber shop; the name, |
| 18 | | address, and telephone number of the person, firm, |
| 19 | | partnership, limited liability company, professional limited |
| 20 | | liability company, corporation, or professional service |
| 21 | | corporation that is to own or operate the salon or shop; the |
| 22 | | license number of the owner or operator of the shop if they are |
| 23 | | licensed under the Act or the name and license number of the |
| 24 | | individual manager of the salon or shop; and, if the salon or |
| 25 | | shop is to be owned or operated by an entity other than an |
| 26 | | individual, the name, address, and telephone number of the |
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| 1 | | managing partner or the chief executive officer of the |
| 2 | | corporation or other entity that owns or operates the salon or |
| 3 | | shop. A person who is not licensed under the Act may own or |
| 4 | | operate a salon or shop, but may not practice barbering, |
| 5 | | cosmetology, esthetics, hair braiding, or nail technology. An |
| 6 | | unlicensed owner or operator of a salon or shop shall employ at |
| 7 | | least one person as a manager who holds a license under the Act |
| 8 | | and manages the salon or shop. The licensed owner, operator, |
| 9 | | or manager of a salon or shop shall ensure that the salon or |
| 10 | | shop operates in compliance with this Act and any applicable |
| 11 | | rules, and the owner's, operator's, or manager's name and |
| 12 | | license number shall be posted with the certificate of |
| 13 | | registration at the salon or shop. |
| 14 | | (c) The Department shall be notified by the owner or |
| 15 | | operator of a salon or shop that is moved to a new location. If |
| 16 | | there is a change in the ownership or operation or manager of a |
| 17 | | salon or shop, the new owner, operator, or manager shall |
| 18 | | report that change to the Department along with completion of |
| 19 | | any additional requirements set forth by rule. |
| 20 | | (d) If a person, firm, partnership, limited liability |
| 21 | | company, professional limited liability company, corporation, |
| 22 | | or professional service corporation owns or operates more than |
| 23 | | one shop or salon, a separate certificate of registration must |
| 24 | | be obtained for each salon or shop. |
| 25 | | (e) A certificate of registration granted under this |
| 26 | | Section may be revoked in accordance with the provisions of |
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| 1 | | Article IV and the holder of the certificate and any licensed |
| 2 | | managers may be otherwise disciplined by the Department in |
| 3 | | accordance with rules adopted under this Act. |
| 4 | | (f) The Department may promulgate rules to establish |
| 5 | | additional requirements for owning or operating a salon or |
| 6 | | shop. |
| 7 | | (g) The requirement of a certificate of registration as |
| 8 | | set forth in this Section shall also apply to any person, firm, |
| 9 | | partnership, limited liability company, professional limited |
| 10 | | liability company, corporation, or professional service |
| 11 | | corporation providing barbering, cosmetology, esthetics, hair |
| 12 | | braiding, or nail technology services at any location not |
| 13 | | owned or rented by such person, firm, partnership, limited |
| 14 | | liability company, professional limited liability company, |
| 15 | | corporation, or professional service corporation for these |
| 16 | | purposes or from a mobile shop or salon. Notwithstanding any |
| 17 | | provision of this Section, applicants for a certificate of |
| 18 | | registration under this subsection (g) shall report in its |
| 19 | | application the address and telephone number of its office and |
| 20 | | shall not be required to report the location where services |
| 21 | | are or will be rendered. Nothing in this subsection (g) shall |
| 22 | | apply to a sole proprietor who has no employees or contractors |
| 23 | | and is not operating a mobile shop or salon. |
| 24 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 25 | | (225 ILCS 410/4-1) |
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| 1 | | (Section scheduled to be repealed on January 1, 2031) |
| 2 | | Sec. 4-1. Powers and duties of Department. The Department |
| 3 | | shall exercise, subject to the provisions of this Act, the |
| 4 | | following functions, powers and duties: |
| 5 | | (1) To cause to be conducted examinations to ascertain |
| 6 | | the qualifications and fitness of applicants for licensure |
| 7 | | as cosmetologists, estheticians, nail technicians, hair |
| 8 | | braiders, or barbers and as cosmetology, esthetics, nail |
| 9 | | technology, hair braiding, or barber teachers. |
| 10 | | (2) To determine the qualifications for licensure as |
| 11 | | (i) a cosmetologist, esthetician, nail technician, hair |
| 12 | | braider, or barber, or (ii) a cosmetology, esthetics, nail |
| 13 | | technology, hair braiding, or barber teacher, or (iii) a |
| 14 | | cosmetology clinic teacher for persons currently holding |
| 15 | | similar licenses outside the State of Illinois or the |
| 16 | | continental U.S. |
| 17 | | (3) To prescribe rules for: |
| 18 | | (i) The method of examination of candidates for |
| 19 | | licensure as a cosmetologist, esthetician, nail |
| 20 | | technician, hair braider, or barber or cosmetology, |
| 21 | | esthetics, nail technology, hair braiding, or barber |
| 22 | | teacher. |
| 23 | | (ii) Minimum standards as to what constitutes an |
| 24 | | approved cosmetology, esthetics, nail technology, hair |
| 25 | | braiding, or barber school. |
| 26 | | (iii) Minimum standards as to what constitutes an |
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| 1 | | approved continuing education sponsor for the |
| 2 | | professions under this Act. |
| 3 | | (4) To conduct investigations or hearings on |
| 4 | | proceedings to determine disciplinary action. |
| 5 | | (5) To conduct inspections of cosmetology, esthetics, |
| 6 | | nail technology, hair braiding, or barber schools, salons, |
| 7 | | or shops for compliance with this Act and any applicable |
| 8 | | rules and to prescribe reasonable rules governing the |
| 9 | | sanitary regulation and inspection of cosmetology, |
| 10 | | esthetics, nail technology, hair braiding, or barber |
| 11 | | schools, salons, or shops. |
| 12 | | (6) To prescribe reasonable rules for the method of |
| 13 | | renewal for each license as a cosmetologist, esthetician, |
| 14 | | nail technician, hair braider, or barber or cosmetology, |
| 15 | | esthetics, nail technology, hair braiding, or barber |
| 16 | | teacher or cosmetology clinic teacher or for schools and |
| 17 | | continuing education sponsors. |
| 18 | | (7) To prescribe reasonable rules for the method of |
| 19 | | registration, the issuance, fees, renewal and discipline |
| 20 | | of a certificate of registration for the ownership or |
| 21 | | operation of cosmetology, esthetics, hair braiding, and |
| 22 | | nail technology salons and barber shops. |
| 23 | | (8) To adopt rules concerning sanitation requirements, |
| 24 | | requirements for education on sanitation, and any other |
| 25 | | health concerns associated with threading. |
| 26 | | (Source: P.A. 104-153, eff. 1-1-26.) |
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| 1 | | (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2) |
| 2 | | (Section scheduled to be repealed on January 1, 2031) |
| 3 | | Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair |
| 4 | | Braiding, and Nail Technology Board. There is established |
| 5 | | within the Department the Barber, Cosmetology, Esthetics, Hair |
| 6 | | Braiding, and Nail Technology Board, composed of 11 persons |
| 7 | | appointed by the Secretary, which shall serve in an advisory |
| 8 | | capacity to the Secretary in all matters related to the |
| 9 | | practice of barbering, cosmetology, esthetics, hair braiding, |
| 10 | | and nail technology. |
| 11 | | The 11 members of the Board shall be appointed as follows: |
| 12 | | 4 licensed cosmetologists or cosmetology teachers, all of whom |
| 13 | | hold a current license as a cosmetologist or cosmetology |
| 14 | | teacher and, for appointments made after the effective date of |
| 15 | | this amendatory Act of 1996, at least one of whom shall be an |
| 16 | | owner of or a major stockholder in a school of cosmetology, one |
| 17 | | of whom shall be a representative of either a franchiser or an |
| 18 | | owner operating salons in 2 or more locations within the |
| 19 | | State, and one of whom shall be an independent salon owner; one |
| 20 | | of whom shall be a licensed barber, esthetician, or nail |
| 21 | | technician, or hair braider or a teacher of one these |
| 22 | | professions who shall be an owner of or major stockholder in a |
| 23 | | school of barbering, esthetics, or nail technology, or hair |
| 24 | | braiding; one of whom shall be a licensed barber, esthetician, |
| 25 | | or nail technician, or hair braider and an owner operating one |
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| 1 | | or more shops or salons registered under this Act; one of whom |
| 2 | | shall be a licensed barber or barber teacher; one member who |
| 3 | | shall be a licensed esthetician or esthetics teacher; one |
| 4 | | member who shall be a licensed nail technician or nail |
| 5 | | technology teacher; one member who shall be a licensed |
| 6 | | cosmetologist, barber, nail technician, esthetician, or a |
| 7 | | licensed cosmetology, barber, esthetics, or nail technology |
| 8 | | teacher; one member who shall be a licensed hair braider or |
| 9 | | hair braiding teacher; and one public member, as defined in |
| 10 | | Section 1-4 of this Act, who holds no licenses issued by the |
| 11 | | Department under this Act; and none of the members shall be a |
| 12 | | manufacturer, jobber, or stockholder in a factory of |
| 13 | | cosmetology articles or an immediate family member of a |
| 14 | | manufacturer, jobber, or stockholder in a factory of |
| 15 | | cosmetology articles. The Secretary shall give due |
| 16 | | consideration for membership to recommendations by members of |
| 17 | | the professions and by their professional organizations. Each |
| 18 | | member shall serve a term of 4 years or until their successors |
| 19 | | are appointed and qualified. No member shall serve on the |
| 20 | | Board for more than 2 full consecutive terms or for a term that |
| 21 | | would cause the member's continuous service on the Board to be |
| 22 | | longer than 10 years. A member who has served 2 full |
| 23 | | consecutive terms or who has served on the Board for 10 years |
| 24 | | shall not again serve as a member of the board until 4 years |
| 25 | | have passed since the member's last term of service. In the |
| 26 | | case of a Board member position that is vacated before the end |
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| 1 | | of the member's term, an individual may be appointed to serve |
| 2 | | the unexpired portion of that term, and appointments to fill |
| 3 | | vacancies shall be made in the same manner as original |
| 4 | | appointments. Members of the Board in office on the effective |
| 5 | | date of any Public Act that makes changes to the requirements |
| 6 | | for membership to the Board shall continue to serve for the |
| 7 | | duration of the terms to which they have been appointed, but |
| 8 | | beginning on the effective date of a new Public Act, all |
| 9 | | appointments of new members to the Board shall be made in a |
| 10 | | manner that will effect at the earliest possible date the |
| 11 | | changes made by the Public Act in the representative |
| 12 | | composition of the Board. |
| 13 | | A majority of the Board members currently appointed shall |
| 14 | | constitute a quorum. A vacancy in the membership of the Board |
| 15 | | shall not impair the right of a quorum to perform all duties of |
| 16 | | the Board. A majority is required for Board decisions. |
| 17 | | The Board shall elect a chairperson and a vice chairperson |
| 18 | | annually. |
| 19 | | The Secretary has the authority to remove any member of |
| 20 | | the Board for cause at any time. The Secretary shall be the |
| 21 | | sole arbiter of cause. The Secretary may remove a member of the |
| 22 | | Board who does not attend 2 consecutive meetings. |
| 23 | | Board members are not liable for their acts, omissions, |
| 24 | | decisions, or other conduct in connection with their duties on |
| 25 | | the Board, except those determined to be willful, wanton, or |
| 26 | | intentional misconduct. |
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| 1 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 2 | | (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4) |
| 3 | | (Section scheduled to be repealed on January 1, 2031) |
| 4 | | Sec. 4-4. Issuance of license. Whenever the provisions of |
| 5 | | this Act and any applicable rules have been complied with, the |
| 6 | | Department shall issue a license as a cosmetologist, |
| 7 | | esthetician, nail technician, hair braider, or barber, a |
| 8 | | license as a cosmetology, esthetics, nail technology, hair |
| 9 | | braiding, or barber teacher, or a license as a cosmetology |
| 10 | | clinic teacher as the case may be. |
| 11 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 12 | | (225 ILCS 410/4-6.1) |
| 13 | | (Section scheduled to be repealed on January 1, 2031) |
| 14 | | Sec. 4-6.1. Applicant convictions. |
| 15 | | (a) When reviewing a conviction by plea of guilty or nolo |
| 16 | | contendere, finding of guilt, jury verdict, or entry of |
| 17 | | judgment or by sentencing of an initial applicant, the |
| 18 | | Department may only deny a license based upon consideration of |
| 19 | | mitigating factors provided in subsection (c) of this Section |
| 20 | | for a felony directly related to the practice of cosmetology, |
| 21 | | esthetics, hair braiding, nail technology, and barbering. |
| 22 | | (b) The following crimes or similar offenses in any other |
| 23 | | jurisdiction are hereby deemed directly related to the |
| 24 | | practice of cosmetology, esthetics, hair braiding, nail |
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| 1 | | technology, and barbering: |
| 2 | | (1) first degree murder; |
| 3 | | (2) second degree murder; |
| 4 | | (3) drug induced homicide; |
| 5 | | (4) unlawful restraint; |
| 6 | | (5) aggravated unlawful restraint; |
| 7 | | (6) forcible detention; |
| 8 | | (7) involuntary servitude; |
| 9 | | (8) involuntary sexual servitude of a minor; |
| 10 | | (9) predatory criminal sexual assault of a child; |
| 11 | | (10) aggravated criminal sexual assault; |
| 12 | | (11) criminal sexual assault; |
| 13 | | (12) criminal sexual abuse; |
| 14 | | (13) aggravated kidnaping; |
| 15 | | (14) aggravated robbery; |
| 16 | | (15) armed robbery; |
| 17 | | (16) kidnapping; |
| 18 | | (17) aggravated battery; |
| 19 | | (18) aggravated vehicular hijacking; |
| 20 | | (19) terrorism; |
| 21 | | (20) causing a catastrophe; |
| 22 | | (21) possession of a deadly substance; |
| 23 | | (22) making a terrorist threat; |
| 24 | | (23) material support for terrorism; |
| 25 | | (24) hindering prosecution of terrorism; |
| 26 | | (25) armed violence; |
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| 1 | | (26) any felony based on consumer fraud or deceptive |
| 2 | | business practices under the Consumer Fraud and Deceptive |
| 3 | | Business Practices Act; |
| 4 | | (27) any felony requiring registration as a sex |
| 5 | | offender under the Sex Offender Registration Act; |
| 6 | | (28) attempt of any the offenses set forth in |
| 7 | | paragraphs (1) through (27) of this subsection (b); and |
| 8 | | (29) convictions set forth in Section 4-20 of this |
| 9 | | Act. |
| 10 | | (c) The Department shall consider any mitigating factors |
| 11 | | contained in the record, when determining the appropriate |
| 12 | | disciplinary sanction, if any, to be imposed. In addition to |
| 13 | | those set forth in Section 2105-130 of the Department of |
| 14 | | Professional Regulation Law of the Civil Administrative Code |
| 15 | | of Illinois, mitigating factors shall include the following: |
| 16 | | (1) the bearing, if any, the criminal offense or |
| 17 | | offenses for which the person was previously convicted |
| 18 | | will have on his or her fitness or ability to perform one |
| 19 | | or more such duties and responsibilities; |
| 20 | | (2) the time that has elapsed since the criminal |
| 21 | | conviction; and |
| 22 | | (3) the age of the person at the time of the criminal |
| 23 | | conviction. |
| 24 | | (d) The Department shall issue an annual report by January |
| 25 | | 31, 2018 and by January 31 each year thereafter, indicating |
| 26 | | the following: |
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| 1 | | (1) the number of initial applicants for a license |
| 2 | | under this Act within the preceding calendar year; |
| 3 | | (2) the number of initial applicants for a license |
| 4 | | under this Act within the previous calendar year who had a |
| 5 | | conviction; |
| 6 | | (3) the number of applicants with a conviction who |
| 7 | | were granted a license under this Act within the previous |
| 8 | | year; |
| 9 | | (4) the number of applicants denied a license under |
| 10 | | this Act within the preceding calendar year; and |
| 11 | | (5) the number of applicants denied a license under |
| 12 | | this Act solely on the basis of a conviction within the |
| 13 | | preceding calendar year. |
| 14 | | (e) Nothing in this Section shall prevent the Department |
| 15 | | taking disciplinary or non-disciplinary action against a |
| 16 | | license as set forth in paragraph (2) of subsection (1) of |
| 17 | | Section 4-7 of this Act. |
| 18 | | (Source: P.A. 99-876, eff. 1-1-17.) |
| 19 | | (225 ILCS 410/4-7) |
| 20 | | (Section scheduled to be repealed on January 1, 2031) |
| 21 | | Sec. 4-7. Refusal, suspension, and revocation of licenses; |
| 22 | | causes; disciplinary action. |
| 23 | | (1) The Department may refuse to issue or renew, and may |
| 24 | | suspend, revoke, place on probation, reprimand, or take any |
| 25 | | other disciplinary or non-disciplinary action as the |
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| 1 | | Department may deem proper, including civil penalties not to |
| 2 | | exceed $500 for each violation, with regard to any license or |
| 3 | | registration for any one, or any combination, of the following |
| 4 | | causes: |
| 5 | | a. For licensees, conviction of any crime under the |
| 6 | | laws of the United States or any state or territory |
| 7 | | thereof that is (i) a felony, (ii) a misdemeanor, an |
| 8 | | essential element of which is dishonesty, or (iii) a crime |
| 9 | | which is related to the practice of the profession and, |
| 10 | | for initial applicants, convictions set forth in Section |
| 11 | | 4-6.1 of this Act. |
| 12 | | b. Conviction of any of the violations listed in |
| 13 | | Section 4-20. |
| 14 | | c. Material misstatement in furnishing information to |
| 15 | | the Department. |
| 16 | | d. Making any misrepresentation for the purpose of |
| 17 | | obtaining a license or violating any provision of this Act |
| 18 | | or its rules. |
| 19 | | e. Aiding or assisting another person in violating any |
| 20 | | provision of this Act or its rules. |
| 21 | | f. Failing, within 60 days, to provide information in |
| 22 | | response to a written request made by the Department. |
| 23 | | g. Discipline by another state, territory, or country |
| 24 | | if at least one of the grounds for the discipline is the |
| 25 | | same as or substantially equivalent to those set forth in |
| 26 | | this Act. |
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| 1 | | h. Practice in the barber, nail technology, esthetics, |
| 2 | | hair braiding, or cosmetology profession, or an attempt to |
| 3 | | practice in those professions, by fraudulent |
| 4 | | misrepresentation. |
| 5 | | i. Gross malpractice or gross incompetency. |
| 6 | | j. Continued practice by a person knowingly having an |
| 7 | | infectious or contagious disease. |
| 8 | | k. Solicitation of professional services by using |
| 9 | | false or misleading advertising. |
| 10 | | l. A finding by the Department that the licensee, |
| 11 | | after having his or her license placed on probationary |
| 12 | | status, has violated the terms of probation. |
| 13 | | m. Directly or indirectly giving to or receiving from |
| 14 | | any person, firm, corporation, professional service |
| 15 | | corporation, partnership, limited liability company, |
| 16 | | professional limited liability company, or association any |
| 17 | | fee, commission, rebate, or other form of compensation for |
| 18 | | any professional services not actually or personally |
| 19 | | rendered. |
| 20 | | n. Violating any of the provisions of this Act or |
| 21 | | rules adopted pursuant to this Act. |
| 22 | | o. Willfully making or filing false records or reports |
| 23 | | relating to a licensee's practice, including, but not |
| 24 | | limited to, false records filed with State agencies or |
| 25 | | departments. |
| 26 | | p. Habitual or excessive use or addiction to alcohol, |
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| 1 | | narcotics, stimulants, or any other chemical agent or drug |
| 2 | | that results in the inability to practice with reasonable |
| 3 | | judgment, skill, or safety. |
| 4 | | q. Engaging in dishonorable, unethical, or |
| 5 | | unprofessional conduct of a character likely to deceive, |
| 6 | | defraud, or harm the public as may be defined by rules of |
| 7 | | the Department, or violating the rules of professional |
| 8 | | conduct which may be adopted by the Department. |
| 9 | | r. Permitting any person to use for any unlawful or |
| 10 | | fraudulent purpose one's diploma or license or certificate |
| 11 | | of registration as a cosmetologist, nail technician, |
| 12 | | esthetician, hair braider, or barber or cosmetology, nail |
| 13 | | technology, esthetics, hair braiding, or barber teacher or |
| 14 | | salon or shop or cosmetology clinic teacher or a school or |
| 15 | | continuing education sponsor. |
| 16 | | s. Being named as a perpetrator in an indicated report |
| 17 | | by the Department of Children and Family Services under |
| 18 | | the Abused and Neglected Child Reporting Act and upon |
| 19 | | proof by clear and convincing evidence that the licensee |
| 20 | | has caused a child to be an abused child or neglected child |
| 21 | | as defined in the Abused and Neglected Child Reporting |
| 22 | | Act. |
| 23 | | t. Operating a school, salon, or shop without a valid |
| 24 | | license or registration. |
| 25 | | u. Failure to complete required continuing education |
| 26 | | hours. |
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| 1 | | v. Using any technique, product, or practice intended |
| 2 | | to affect the living layers of the skin. |
| 3 | | w. v. Operating, owning, or managing a school, salon, |
| 4 | | or shop that is cited for sanitary violations by the |
| 5 | | Department. |
| 6 | | (2) In rendering an order, the Secretary shall take into |
| 7 | | consideration the facts and circumstances involving the type |
| 8 | | of acts or omissions in paragraph (1) of this Section, |
| 9 | | including, but not limited to: |
| 10 | | (a) the extent to which public confidence in the |
| 11 | | cosmetology, nail technology, esthetics, hair braiding, or |
| 12 | | barbering profession was, might have been, or may be, |
| 13 | | injured; |
| 14 | | (b) the degree of trust and dependence among the |
| 15 | | involved parties; |
| 16 | | (c) the character and degree of harm which did result |
| 17 | | or might have resulted; |
| 18 | | (d) the intent or mental state of the licensee at the |
| 19 | | time of the acts or omissions. |
| 20 | | (3) The Department may reissue the license or registration |
| 21 | | upon certification by the Board that the disciplined licensee |
| 22 | | or registrant has complied with all of the terms and |
| 23 | | conditions set forth in the final order or has been |
| 24 | | sufficiently rehabilitated to warrant the public trust. |
| 25 | | (4) The Department shall refuse to issue or renew or |
| 26 | | suspend without hearing the license or certificate of |
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| 1 | | registration of any person who fails to file a return, or to |
| 2 | | pay the tax, penalty, or interest shown in a filed return, or |
| 3 | | to pay any final assessment of tax, penalty, or interest, as |
| 4 | | required by any tax Act administered by the Illinois |
| 5 | | Department of Revenue, until such time as the requirements of |
| 6 | | any such tax Act are satisfied as determined by the Department |
| 7 | | of Revenue. |
| 8 | | (5) (Blank). |
| 9 | | (6) All fines imposed under this Section shall be paid |
| 10 | | within 60 days after the effective date of the order imposing |
| 11 | | the fine or in accordance with the terms set forth in the order |
| 12 | | imposing the fine. |
| 13 | | (Source: P.A. 104-134, eff. 8-1-25; 104-153, eff. 1-1-26; |
| 14 | | revised 11-21-25.) |
| 15 | | (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9) |
| 16 | | (Section scheduled to be repealed on January 1, 2031) |
| 17 | | Sec. 4-9. Practice without a license or after suspension |
| 18 | | or revocation thereof. |
| 19 | | (a) If any person, association, firm, partnership, limited |
| 20 | | liability company, professional limited liability company, |
| 21 | | corporation, or professional service corporation violates the |
| 22 | | provisions of this Act, the Secretary may, in the name of the |
| 23 | | People of the State of Illinois, through the Attorney General |
| 24 | | of the State of Illinois, petition, for an order enjoining |
| 25 | | such violation or for an order enforcing compliance with this |
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| 1 | | Act. Upon the filing of a verified petition in such court, the |
| 2 | | court may issue a temporary restraining order, without notice |
| 3 | | or bond, and may preliminarily and permanently enjoin such |
| 4 | | violation, and if it is established that such person, |
| 5 | | association, firm, partnership, limited liability company, |
| 6 | | professional limited liability company, corporation, or |
| 7 | | professional service corporation has violated or is violating |
| 8 | | the injunction, the Court may punish the offender for contempt |
| 9 | | of court. Proceedings under this Section shall be in addition |
| 10 | | to, and not in lieu of, all other remedies and penalties |
| 11 | | provided by this Act. |
| 12 | | (b) If any person shall practice as a barber, |
| 13 | | cosmetologist, nail technician, hair braider, or esthetician, |
| 14 | | or teacher thereof or cosmetology clinic teacher or hold |
| 15 | | himself or herself out as such without being licensed under |
| 16 | | the provisions of this Act, any licensee, any interested |
| 17 | | party, or any person injured thereby may, in addition to the |
| 18 | | Secretary, petition for relief as provided in subsection (a) |
| 19 | | of this Section. |
| 20 | | (c) Whenever in the opinion of the Department any person, |
| 21 | | association, partnership, firm, limited liability company, |
| 22 | | professional limited liability company, corporation, |
| 23 | | professional service corporation, or other legal entity has |
| 24 | | violated any provision of Section 1-7 or 3D-5 of this Act, the |
| 25 | | Department may issue a rule to show cause why an order to cease |
| 26 | | and desist should not be entered against that person, firm, |
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| 1 | | corporation, or legal entity. The rule shall clearly set forth |
| 2 | | the grounds relied upon by the Department and shall provide a |
| 3 | | period of 7 days from the date of the rule to file an answer to |
| 4 | | the satisfaction of the Department. Failure to answer to the |
| 5 | | satisfaction of the Department shall cause an order to cease |
| 6 | | and desist to be issued immediately. |
| 7 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 8 | | (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19) |
| 9 | | (Section scheduled to be repealed on January 1, 2031) |
| 10 | | Sec. 4-19. Emergency suspension. The Secretary may |
| 11 | | temporarily suspend the license of a barber, cosmetologist, |
| 12 | | nail technician, or hair braider, esthetician or teacher |
| 13 | | thereof or of a cosmetology clinic teacher without a hearing, |
| 14 | | simultaneously with the institution of proceedings for a |
| 15 | | hearing provided for in Section 4-10 of this Act, if the |
| 16 | | Secretary finds that evidence in the Secretary's possession |
| 17 | | indicates that the licensee's continuation in practice would |
| 18 | | constitute an imminent danger to the public. In the event that |
| 19 | | the Secretary suspends, temporarily, this license without a |
| 20 | | hearing, a hearing must be commenced within 30 days after such |
| 21 | | suspension has occurred. |
| 22 | | (Source: P.A. 104-153, eff. 1-1-26.) |
| 23 | | (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20) |
| 24 | | (Section scheduled to be repealed on January 1, 2031) |
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| 1 | | Sec. 4-20. Violations; penalties. Whoever violates any of |
| 2 | | the following shall, for the first offense, be guilty of a |
| 3 | | Class B misdemeanor; for the second offense, shall be guilty |
| 4 | | of a Class A misdemeanor; and for all subsequent offenses, |
| 5 | | shall be guilty of a Class 4 felony and be fined not less than |
| 6 | | $1,000 or more than $5,000. |
| 7 | | (1) The practice of cosmetology, nail technology, |
| 8 | | esthetics, hair braiding, or barbering or an attempt to |
| 9 | | practice cosmetology, nail technology, esthetics, hair |
| 10 | | braiding, or barbering without a license as a |
| 11 | | cosmetologist, nail technician, esthetician, hair braider, |
| 12 | | or barber; or the practice or attempt to practice as a |
| 13 | | cosmetology, nail technology, esthetics, hair braiding, or |
| 14 | | barber teacher without a license as a cosmetology, nail |
| 15 | | technology, esthetics, hair braiding, or barber teacher; |
| 16 | | or the practice or attempt to practice as a cosmetology |
| 17 | | clinic teacher without a proper license. |
| 18 | | (2) The obtaining of or an attempt to obtain a license |
| 19 | | or money or any other thing of value by fraudulent |
| 20 | | misrepresentation. |
| 21 | | (3) Practice in the barber, nail technology, |
| 22 | | cosmetology, hair braiding, or esthetic profession, or an |
| 23 | | attempt to practice in those professions, by fraudulent |
| 24 | | misrepresentation. |
| 25 | | (4) Wilfully making any false oath or affirmation |
| 26 | | whenever an oath or affirmation is required by this Act. |
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| 1 | | (5) The use of any technique, product, or practice |
| 2 | | intended to affect the living layers of the skin in the |
| 3 | | practice of cosmetology, nail technology, esthetics, hair |
| 4 | | braiding, or barbering. |
| 5 | | (6) The violation of any of the provisions of this |
| 6 | | Act. |
| 7 | | (Source: P.A. 104-134, eff. 8-1-25.) |
| 8 | | (225 ILCS 410/Art. IIIE rep.) |
| 9 | | Section 903. The Barber, Cosmetology, Esthetics, and Nail |
| 10 | | Technology Act of 1985 is amended by repealing Article IIIE. |
| 11 | | Section 905. The Unified Code of Corrections is amended by |
| 12 | | changing Section 5-5-5 as follows: |
| 13 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5) |
| 14 | | Sec. 5-5-5. Loss and restoration of rights. |
| 15 | | (a) Conviction and disposition shall not entail the loss |
| 16 | | by the defendant of any civil rights, except under this |
| 17 | | Section and Sections 29-6 and 29-10 of The Election Code, as |
| 18 | | now or hereafter amended. |
| 19 | | (b) A person convicted of a felony shall be ineligible to |
| 20 | | hold an office created by the Constitution of this State until |
| 21 | | the completion of his sentence. |
| 22 | | (b-5) Notwithstanding any other provision of law, a person |
| 23 | | convicted of a felony, bribery, perjury, or other infamous |
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| 1 | | crime for an offense committed on or after the effective date |
| 2 | | of this amendatory Act of the 103rd General Assembly and |
| 3 | | committed while he or she was serving as a public official in |
| 4 | | this State is ineligible to hold any local public office or any |
| 5 | | office created by the Constitution of this State unless the |
| 6 | | person's conviction is reversed, the person is again restored |
| 7 | | to such rights by the terms of a pardon for the offense, the |
| 8 | | person has received a restoration of rights by the Governor, |
| 9 | | or the person's rights are otherwise restored by law. |
| 10 | | (c) A person sentenced to imprisonment shall lose his |
| 11 | | right to vote until released from imprisonment. |
| 12 | | (d) On completion of sentence of imprisonment or upon |
| 13 | | discharge from probation, conditional discharge or periodic |
| 14 | | imprisonment, or at any time thereafter, all license rights |
| 15 | | and privileges granted under the authority of this State which |
| 16 | | have been revoked or suspended because of conviction of an |
| 17 | | offense shall be restored unless the authority having |
| 18 | | jurisdiction of such license rights finds after investigation |
| 19 | | and hearing that restoration is not in the public interest. |
| 20 | | This paragraph (d) shall not apply to the suspension or |
| 21 | | revocation of a license to operate a motor vehicle under the |
| 22 | | Illinois Vehicle Code. |
| 23 | | (e) Upon a person's discharge from incarceration or |
| 24 | | parole, or upon a person's discharge from probation or at any |
| 25 | | time thereafter, the committing court may enter an order |
| 26 | | certifying that the sentence has been satisfactorily completed |
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| 1 | | when the court believes it would assist in the rehabilitation |
| 2 | | of the person and be consistent with the public welfare. Such |
| 3 | | order may be entered upon the motion of the defendant or the |
| 4 | | State or upon the court's own motion. |
| 5 | | (f) Upon entry of the order, the court shall issue to the |
| 6 | | person in whose favor the order has been entered a certificate |
| 7 | | stating that his behavior after conviction has warranted the |
| 8 | | issuance of the order. |
| 9 | | (g) This Section shall not affect the right of a defendant |
| 10 | | to collaterally attack his conviction or to rely on it in bar |
| 11 | | of subsequent proceedings for the same offense. |
| 12 | | (h) No application for any license specified in subsection |
| 13 | | (i) of this Section granted under the authority of this State |
| 14 | | shall be denied by reason of an eligible offender who has |
| 15 | | obtained a certificate of relief from disabilities, as defined |
| 16 | | in Article 5.5 of this Chapter, having been previously |
| 17 | | convicted of one or more criminal offenses, or by reason of a |
| 18 | | finding of lack of "good moral character" when the finding is |
| 19 | | based upon the fact that the applicant has previously been |
| 20 | | convicted of one or more criminal offenses, unless: |
| 21 | | (1) there is a direct relationship between one or more |
| 22 | | of the previous criminal offenses and the specific license |
| 23 | | sought; or |
| 24 | | (2) the issuance of the license would involve an |
| 25 | | unreasonable risk to property or to the safety or welfare |
| 26 | | of specific individuals or the general public. |
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| 1 | | In making such a determination, the licensing agency shall |
| 2 | | consider the following factors: |
| 3 | | (1) the public policy of this State, as expressed in |
| 4 | | Article 5.5 of this Chapter, to encourage the licensure |
| 5 | | and employment of persons previously convicted of one or |
| 6 | | more criminal offenses; |
| 7 | | (2) the specific duties and responsibilities |
| 8 | | necessarily related to the license being sought; |
| 9 | | (3) the bearing, if any, the criminal offenses or |
| 10 | | offenses for which the person was previously convicted |
| 11 | | will have on his or her fitness or ability to perform one |
| 12 | | or more such duties and responsibilities; |
| 13 | | (4) the time which has elapsed since the occurrence of |
| 14 | | the criminal offense or offenses; |
| 15 | | (5) the age of the person at the time of occurrence of |
| 16 | | the criminal offense or offenses; |
| 17 | | (6) the seriousness of the offense or offenses; |
| 18 | | (7) any information produced by the person or produced |
| 19 | | on his or her behalf in regard to his or her rehabilitation |
| 20 | | and good conduct, including a certificate of relief from |
| 21 | | disabilities issued to the applicant, which certificate |
| 22 | | shall create a presumption of rehabilitation in regard to |
| 23 | | the offense or offenses specified in the certificate; and |
| 24 | | (8) the legitimate interest of the licensing agency in |
| 25 | | protecting property, and the safety and welfare of |
| 26 | | specific individuals or the general public. |
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| 1 | | (i) A certificate of relief from disabilities shall be |
| 2 | | issued only for a license or certification issued under the |
| 3 | | following Acts: |
| 4 | | (1) the Animal Welfare Act; except that a certificate |
| 5 | | of relief from disabilities may not be granted to provide |
| 6 | | for the issuance or restoration of a license under the |
| 7 | | Animal Welfare Act for any person convicted of violating |
| 8 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane |
| 9 | | Care for Animals Act or Section 26-5 or 48-1 of the |
| 10 | | Criminal Code of 1961 or the Criminal Code of 2012; |
| 11 | | (2) the Illinois Athletic Trainers Practice Act; |
| 12 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, |
| 13 | | and Nail Technology Act of 1985; |
| 14 | | (3.5)The Textured Hair Licensing Act; |
| 15 | | (4) the Boiler and Pressure Vessel Repairer Regulation |
| 16 | | Act; |
| 17 | | (5) the Boxing and Full-contact Martial Arts Act; |
| 18 | | (6) the Illinois Certified Shorthand Reporters Act of |
| 19 | | 1984; |
| 20 | | (7) the Illinois Farm Labor Contractor Certification |
| 21 | | Act; |
| 22 | | (8) the Registered Interior Designers Act; |
| 23 | | (9) the Illinois Professional Land Surveyor Act of |
| 24 | | 1989; |
| 25 | | (10) the Landscape Architecture Registration Act; |
| 26 | | (11) the Marriage and Family Therapy Licensing Act; |
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| 1 | | (12) the Private Employment Agency Act; |
| 2 | | (13) the Professional Counselor and Clinical |
| 3 | | Professional Counselor Licensing and Practice Act; |
| 4 | | (14) the Real Estate License Act of 2000; |
| 5 | | (15) the Illinois Roofing Industry Licensing Act; |
| 6 | | (16) the Professional Engineering Practice Act of |
| 7 | | 1989; |
| 8 | | (17) the Water Well and Pump Installation Contractor's |
| 9 | | License Act; |
| 10 | | (18) the Electrologist Licensing Act; |
| 11 | | (19) the Auction License Act; |
| 12 | | (20) the Illinois Architecture Practice Act of 1989; |
| 13 | | (21) the Dietitian Nutritionist Practice Act; |
| 14 | | (22) the Environmental Health Practitioner Licensing |
| 15 | | Act; |
| 16 | | (23) the Funeral Directors and Embalmers Licensing |
| 17 | | Code; |
| 18 | | (24) (blank); |
| 19 | | (25) the Professional Geologist Licensing Act; |
| 20 | | (26) the Illinois Public Accounting Act; and |
| 21 | | (27) the Structural Engineering Practice Act of 1989. |
| 22 | | (Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.) |
| 23 | | Section 910. The Human Trafficking Resource Center Notice |
| 24 | | Act is amended by changing Section 5 as follows: |
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| 1 | | (775 ILCS 50/5) |
| 2 | | Sec. 5. Posted notice required. |
| 3 | | (a) Each of the following businesses and other |
| 4 | | establishments shall, upon the availability of the model |
| 5 | | notice described in Section 15 of this Act, post a notice that |
| 6 | | complies with the requirements of this Act in a conspicuous |
| 7 | | place near the public entrance of the establishment, in all |
| 8 | | restrooms open to the public, or in another conspicuous |
| 9 | | location in clear view of the public and employees where |
| 10 | | similar notices are customarily posted: |
| 11 | | (1) On premise consumption retailer licensees under |
| 12 | | the Liquor Control Act of 1934 where the sale of alcoholic |
| 13 | | liquor is the principal business carried on by the |
| 14 | | licensee at the premises and primary to the sale of food. |
| 15 | | (2) Adult entertainment facilities, as defined in |
| 16 | | Section 5-1097.5 of the Counties Code. |
| 17 | | (3) Primary airports, as defined in Section 47102(16) |
| 18 | | of Title 49 of the United States Code. |
| 19 | | (4) Intercity passenger rail or light rail stations. |
| 20 | | (5) Bus stations. |
| 21 | | (6) Truck stops. For purposes of this Act, "truck |
| 22 | | stop" means a privately-owned and operated facility that |
| 23 | | provides food, fuel, shower or other sanitary facilities, |
| 24 | | and lawful overnight truck parking. |
| 25 | | (7) Emergency rooms within general acute care |
| 26 | | hospitals, in which case the notice may be posted by |
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| 1 | | electronic means. |
| 2 | | (8) Urgent care centers, in which case the notice may |
| 3 | | be posted by electronic means. |
| 4 | | (9) Farm labor contractors. For purposes of this Act, |
| 5 | | "farm labor contractor" means: (i) any person who for a |
| 6 | | fee or other valuable consideration recruits, supplies, or |
| 7 | | hires, or transports in connection therewith, into or |
| 8 | | within the State, any farmworker not of the contractor's |
| 9 | | immediate family to work for, or under the direction, |
| 10 | | supervision, or control of, a third person; or (ii) any |
| 11 | | person who for a fee or other valuable consideration |
| 12 | | recruits, supplies, or hires, or transports in connection |
| 13 | | therewith, into or within the State, any farmworker not of |
| 14 | | the contractor's immediate family, and who for a fee or |
| 15 | | other valuable consideration directs, supervises, or |
| 16 | | controls all or any part of the work of the farmworker or |
| 17 | | who disburses wages to the farmworker. However, "farm |
| 18 | | labor contractor" does not include full-time regular |
| 19 | | employees of food processing companies when the employees |
| 20 | | are engaged in recruiting for the companies if those |
| 21 | | employees are not compensated according to the number of |
| 22 | | farmworkers they recruit. |
| 23 | | (10) Privately-operated job recruitment centers. |
| 24 | | (11) Massage establishments. As used in this Act, |
| 25 | | "massage establishment" means a place of business in which |
| 26 | | any method of massage therapy is administered or practiced |
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| 1 | | for compensation. "Massage establishment" does not |
| 2 | | include: an establishment at which persons licensed under |
| 3 | | the Medical Practice Act of 1987, the Illinois Physical |
| 4 | | Therapy Act, or the Naprapathic Practice Act engage in |
| 5 | | practice under one of those Acts; a business owned by a |
| 6 | | sole licensed massage therapist; or a cosmetology or |
| 7 | | esthetics salon registered under the Barber, Cosmetology, |
| 8 | | Esthetics, Hair Braiding, and Nail Technology Act of 1985. |
| 9 | | (b) The Department of Transportation shall, upon the |
| 10 | | availability of the model notice described in Section 15 of |
| 11 | | this Act, post a notice that complies with the requirements of |
| 12 | | this Act in a conspicuous place near the public entrance of |
| 13 | | each roadside rest area or in another conspicuous location in |
| 14 | | clear view of the public and employees where similar notices |
| 15 | | are customarily posted. |
| 16 | | (c) The owner of a hotel or motel shall, upon the |
| 17 | | availability of the model notice described in Section 15 of |
| 18 | | this Act, post a notice that complies with the requirements of |
| 19 | | this Act in a conspicuous and accessible place in or about the |
| 20 | | premises in clear view of the employees where similar notices |
| 21 | | are customarily posted. |
| 22 | | (d) The organizer of a public gathering or special event |
| 23 | | that is conducted on property open to the public and requires |
| 24 | | the issuance of a permit from the unit of local government |
| 25 | | shall post a notice that complies with the requirements of |
| 26 | | this Act in a conspicuous and accessible place in or about the |
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| 1 | | premises in clear view of the public and employees where |
| 2 | | similar notices are customarily posted. |
| 3 | | (e) The administrator of a public or private elementary |
| 4 | | school or public or private secondary school shall post a |
| 5 | | printout of the downloadable notice provided by the Department |
| 6 | | of Human Services under Section 15 that complies with the |
| 7 | | requirements of this Act in a conspicuous and accessible place |
| 8 | | chosen by the administrator in the administrative office or |
| 9 | | another location in view of school employees. School districts |
| 10 | | and personnel are not subject to the penalties provided under |
| 11 | | subsection (a) of Section 20. |
| 12 | | (f) The owner of an establishment registered under the |
| 13 | | Tattoo and Body Piercing Establishment Registration Act shall |
| 14 | | post a notice that complies with the requirements of this Act |
| 15 | | in a conspicuous and accessible place in clear view of |
| 16 | | establishment employees. |
| 17 | | (Source: P.A. 102-4, eff. 4-27-21; 102-131, eff. 1-1-22; |
| 18 | | 102-813, eff. 5-13-22.) |
| 19 | | Section 915. The Child Labor Law of 2024 is amended by |
| 20 | | changing Section 40 as follows: |
| 21 | | (820 ILCS 206/40) |
| 22 | | Sec. 40. Restrictions on employment of minors. |
| 23 | | (a) No person shall employ, allow, or permit a minor to |
| 24 | | work: |
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| 1 | | (1) in any mechanic's garage, including garage pits, |
| 2 | | repairing cars, trucks, or other vehicles or using garage |
| 3 | | lifting racks; |
| 4 | | (2) in the oiling, cleaning, or wiping of machinery or |
| 5 | | shafting; |
| 6 | | (3) in or about any mine or quarry; |
| 7 | | (4) in stone cutting or polishing; |
| 8 | | (5) in any factory work; |
| 9 | | (6) in or about any plant manufacturing explosives or |
| 10 | | articles containing explosive components, or in the use or |
| 11 | | transportation of same; |
| 12 | | (7) in or about plants manufacturing iron or steel, |
| 13 | | ore reduction works, smelters, foundries, forging shops, |
| 14 | | hot rolling mills or any other place in which the heating, |
| 15 | | melting, or heat treatment of metals is carried on; |
| 16 | | (8) in the operation of machinery used in the cold |
| 17 | | rolling of heavy metal stock, or in the operation of |
| 18 | | power-driven punching, shearing, stamping, or metal plate |
| 19 | | bending machines; |
| 20 | | (9) in or about logging, sawmills or lath, shingle, or |
| 21 | | cooperage-stock mills; |
| 22 | | (10) in the operation of power-driven woodworking |
| 23 | | machines, or off-bearing from circular saws; |
| 24 | | (11) in the operation and repair of freight elevators |
| 25 | | or hoisting machines and cranes; |
| 26 | | (12) in spray painting; |
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| 1 | | (13) in occupations involving exposure to lead or its |
| 2 | | compounds; |
| 3 | | (14) in occupations involving exposure to acids, dyes, |
| 4 | | chemicals, dust, gases, vapors, or fumes that are known or |
| 5 | | suspected to be dangerous to humans; |
| 6 | | (15) in any occupation subject to the Amusement Ride |
| 7 | | and Attraction Safety Act; |
| 8 | | (16) in oil refineries, gasoline blending plants, or |
| 9 | | pumping stations on oil transmission lines; |
| 10 | | (17) in the operation of laundry, dry cleaning, or |
| 11 | | dyeing machinery; |
| 12 | | (18) in occupations involving exposure to radioactive |
| 13 | | substances; |
| 14 | | (19) in or about any filling station or service |
| 15 | | station, except that this prohibition does not extend to |
| 16 | | employment within attached convenience stores, food |
| 17 | | service, or retail establishments; |
| 18 | | (20) in construction work, including demolition and |
| 19 | | repair; |
| 20 | | (21) in any energy generation or transmission service; |
| 21 | | (22) in public and private utilities and related |
| 22 | | services; |
| 23 | | (23) in operations in or in connection with |
| 24 | | slaughtering, meat packing, poultry processing, and fish |
| 25 | | and seafood processing; |
| 26 | | (24) in operations which involve working on an |
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| 1 | | elevated surface, with or without use of equipment, |
| 2 | | including, but not limited to, ladders and scaffolds; |
| 3 | | (25) in security positions or any occupations that |
| 4 | | require the use or carrying of a firearm or other weapon; |
| 5 | | (26) in occupations which involve the handling or |
| 6 | | storage of human blood, human blood products, human body |
| 7 | | fluids, or human body tissues; |
| 8 | | (27) in any mill, cannery, factory, workshop, or coal, |
| 9 | | brick, or lumber yard; |
| 10 | | (28) any occupation which is prohibited for minors |
| 11 | | under federal law; or |
| 12 | | (29) in any other occupation or working condition |
| 13 | | determined by the Director to be hazardous. |
| 14 | | (b) No person shall employ, allow, or permit a minor to |
| 15 | | work at: |
| 16 | | (1) any cannabis business establishment subject to the |
| 17 | | Cannabis Regulation and Tax Act or Compassionate Use of |
| 18 | | Medical Cannabis Program Act; |
| 19 | | (2) any establishment subject to the Live Adult |
| 20 | | Entertainment Facility Surcharge Act; |
| 21 | | (3) any firearm range or gun range used for |
| 22 | | discharging a firearm in a sporting event, for practice or |
| 23 | | instruction in the use of a firearm, or the testing of a |
| 24 | | firearm, except for a scorer age 14 years or older at the |
| 25 | | World Shooting and Recreational Complex on the dates of |
| 26 | | the U.S. Open and the Grand American World Trapshooting |
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| 1 | | Championship who is located, during those competitions, at |
| 2 | | least 15 feet behind the firing line of the trap shooters |
| 3 | | participating in the competitions; |
| 4 | | (4) any establishment in which items containing |
| 5 | | alcohol for consumption are manufactured, distilled, |
| 6 | | brewed, or bottled; |
| 7 | | (5) any establishment where the primary activity is |
| 8 | | the sale of alcohol or tobacco; |
| 9 | | (6) an establishment operated by any holder of an |
| 10 | | owners license subject to the Illinois Gambling Act; or |
| 11 | | (7) any other establishment which State or federal law |
| 12 | | prohibits minors from entering or patronizing. |
| 13 | | (c) An employer shall not allow minors to draw, mix, pour, |
| 14 | | or serve any item containing alcohol or otherwise handle any |
| 15 | | open containers of alcohol. An employer shall make reasonable |
| 16 | | efforts to ensure that minors are unable to access alcohol. |
| 17 | | (d) An employer may allow minors aged 14 and 15 to work in |
| 18 | | retail stores, except that an employer shall not allow minors |
| 19 | | to handle or be able to access any goods or products which are |
| 20 | | illegal for minors to purchase or possess. |
| 21 | | (e) No person shall employ, allow, or permit an unlicensed |
| 22 | | minor to perform work in the practice of barber, cosmetology, |
| 23 | | esthetics, hair braiding, and nail technology services |
| 24 | | requiring a license under the Barber, Cosmetology, Esthetics, |
| 25 | | Hair Braiding, and Nail Technology Act of 1985, except for |
| 26 | | students enrolled in a school and performing barber, |
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| 1 | | cosmetology, esthetics, hair braiding, and nail technology |
| 2 | | services in accordance with that Act and rules adopted under |
| 3 | | that Act. No person shall employ, allow, or permit an |
| 4 | | unlicensed minor to perform work in the practice of cirrology |
| 5 | | requiring a license under the Textured Hair Licensing Act, |
| 6 | | except for students enrolled in a school and performing |
| 7 | | cirrology services in accordance with that Act and rules |
| 8 | | adopted under that Act. |
| 9 | | (f) A person may employ, allow, or permit a minor to |
| 10 | | perform office or administrative support work that does not |
| 11 | | expose the minor to the work prohibited in this Section. |
| 12 | | (Source: P.A. 103-721, eff. 1-1-25; 104-16, eff. 1-1-26.) |
| 13 | | Section 999. Effective date. This Act takes effect upon |
| 14 | | becoming law, except that Sections 900, 902, 903, 905, 910, |
| 15 | | and 915 take effect 18 months after becoming law. |