093_HB0468eng HB0468 Engrossed LRB093 04022 AMC 04061 b 1 AN ACT concerning professional regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Barber, Cosmetology, Esthetics, and Nail 5 Technology Act of 1985 is amended by changing Sections 3-2 6 and 4-2 as follows: 7 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2) 8 (Section scheduled to be repealed on January 1, 2006) 9 Sec. 3-2. Licensure; qualifications. 10 (1) A person is qualified to receive a license as a 11 cosmetologist who has filed an application on forms provided 12 by the Department, pays the required fees, and: 13 a. Is at least l6 years of age; and 14 b. Has graduated from an eighth grade elementary 15 school, or its equivalent; and 16 c. Has graduated from a school of cosmetology 17 approved by the Department, having completed a program 18totalof l500 hours in the study of cosmetology extending 19 over a period of not less than 8 months nor more than 7 20 consecutive years. A school of cosmetology may, at its 21 discretion, consistent with the rules of the Department, 22 accept up to 500 hours of barber school training at a 23 recognized barber school toward the l500 hour program 24 requirement of cosmetology. Time spent in such study 25 under the laws of another state or territory of the 26 United States or of a foreign country or province shall 27 be credited toward the period of study required by the 28 provisions of this paragraph; and 29 d. Has passed an examination authorized by the 30 Department to determine fitness to receive a license as a 31 cosmetologist. The requirements for remedial training set HB0468 Engrossed -2- LRB093 04022 AMC 04061 b 1 forth in Section 3-6 of this Act may be waived in whole 2 or in part by the Department upon proof to the Department 3 that the applicant has demonstrated competence to again 4 sit for the examination. The Department shall promulgate 5 rules establishing the standards by which such 6 determination shall be made; and 7 e. Has met any other requirements of this Act. 8 (2) If the applicant applies for a license as a 9 cosmetologist on September 1, 2000 or September 2, 2000, the 10 Department may accept a verified 10 years of cosmetology 11 experience, which may include esthetics or nail technology 12 experience, before July 1, 2000 in lieu of the requirements 13 in items c and d of subsection (1) of this Section. 14 (Source: P.A. 91-863, eff. 7-1-00.) 15 (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2) 16 (Section scheduled to be repealed on January 1, 2006) 17 Sec. 4-2. The Barber, Cosmetology, Esthetics, and Nail 18 Technology Committee. There is established within the 19 Department the Barber, Cosmetology, Esthetics, and Nail 20 Technology Committee, composed of 11 persons designated from 21 time to time by the Director to advise the Director in all 22 matters related to the practice of barbering, cosmetology, 23 esthetics, and nail technology. 24 The 11 members of the Committee shall be appointed as 25 follows: 6 licensed cosmetologists, all of whom hold a 26 current license as a cosmetologist or cosmetology teacher 27 and, for appointments made after the effective date of this 28 amendatory Act of 1996, at least 2 of whom shall be an owner 29 of or a major stockholder in a school of cosmetology, one of 30 whom shall be a representative of a franchiser with 5 or more 31 locations within the State, one of whom shall be a 32 representative of an owner operating salons in 5 or more 33 locations within the State, one of whom shall be an HB0468 Engrossed -3- LRB093 04022 AMC 04061 b 1 independent salon owner, and no one of the cosmetologist 2 members shall be a manufacturer, jobber, or stockholder in a 3 factory of cosmetology articles or an immediate family member 4 of any of the above; 2 of whom shall be barbers holding a 5 current license; one member who shall be a licensed 6 esthetician or esthetics teacher; one member who shall be a 7 licensed nail technician or nail technology teacher; and one 8 public member who holds no licenses issued by the Department. 9 The Director shall give due consideration for membership to 10 recommendations by members of the professions and by their 11 professional organizations. Members shall serve 4 year terms 12 and until their successors are appointed and qualified. No 13 member shall be reappointed to the Committee for more than 2 14 terms. Appointments to fill vacancies shall be made in the 15 same manner as original appointments for the unexpired 16 portion of the vacated term. Members of the Committee in 17 office on the effective date of this amendatory Act of 1996 18 shall continue to serve for the duration of the terms to 19 which they have been appointed, but beginning on that 20 effective date all appointments of licensed cosmetologists 21 and barbers to serve as members of the Committee shall be 22 made in a manner that will effect at the earliest possible 23 date the changes made by this amendatory Act of 1996 in the 24 representative composition of the Committee. 25 A majority of Committee members then appointed 26 constitutes a quorum. A majority of the quorum is required 27 for a Committee decision. 28 Whenever the Director is satisfied that substantial 29 justice has not been done in an examination, the Director may 30 order a reexamination by the same or other examiners. 31 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97; 32 90-580, eff. 5-21-98.) 33 Section 10. The Electrologist Licensing Act is amended HB0468 Engrossed -4- LRB093 04022 AMC 04061 b 1 by changing Section 33 as follows: 2 (225 ILCS 412/33) 3 (Section scheduled to be repealed on January 1, 2014) 4 Sec. 33. Grandfather provision. For a period of 12 5 months after the filing of the original administrative rules 6 adopted under this Act, the Department may issue a license to 7 any individual who, in addition to meeting the requirements 8 set forth in paragraphs (1), (2), (3), and (4) of Section 30, 9 can document employment as an electrologist and has received 10 remuneration for practicing electrology for a period of 3 11 years and can show proof of one of the following: (i) current 12 board certification by a national electrology certifying body 13 approved by the Department; or (ii) completion of 307514 continuing education units in electrology approved by the 15 Department. 16 (Source: P.A. 92-750, eff. 1-1-03.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.