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Rep. Mary E. Flowers
Filed: 3/10/2010
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09600HB6428ham001 |
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LRB096 21056 MJR 37633 a |
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| AMENDMENT TO HOUSE BILL 6428
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| AMENDMENT NO. ______. Amend House Bill 6428 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Barber, Cosmetology, Esthetics, and Nail
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| Technology Act of 1985 is amended by changing Sections 1-11 and |
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| 3-1 as follows:
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| (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 1-11. Exceptions to Act.
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| (a) Nothing in this Act shall be construed to apply to the |
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| educational
activities conducted in connection with any |
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| monthly, annual or other
special educational program of any |
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| bona fide association of licensed
cosmetologists, |
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| estheticians, nail technicians, or barbers, or
licensed |
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| cosmetology, esthetics, nail technology, or barber
schools |
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| from which the general public is excluded.
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09600HB6428ham001 |
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LRB096 21056 MJR 37633 a |
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| (b) Nothing in this Act shall be construed to apply to the |
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| activities
and services of registered nurses or licensed |
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| practical nurses, as defined in
the Nurse Practice Act, or to |
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| personal care or health
care services
provided by individuals |
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| in the performance of their duties as employed or
authorized by |
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| facilities or programs licensed or certified by State agencies.
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| As used in this subsection (b), "personal care" means |
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| assistance with meals,
dressing, movement, bathing, or other |
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| personal needs or maintenance or general
supervision and |
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| oversight of the physical and mental well-being of an
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| individual who is incapable of maintaining a private,
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| independent residence or who is incapable of managing his or |
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| her person whether
or not a guardian has been appointed for |
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| that individual.
The definition of "personal care" as used in |
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| this subsection (b) shall not
otherwise be construed to negate |
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| the requirements of this Act or its rules.
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| (c) Nothing in this Act shall be deemed to require |
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| licensure of
individuals employed by the motion picture, film, |
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| television, stage play or
related industry for the purpose of |
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| providing cosmetology or esthetics
services to actors of that |
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| industry while engaged in the practice of
cosmetology or |
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| esthetics as a part of that person's employment.
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| (d) Nothing in this Act shall be deemed to apply to the |
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| practice of hair
braiding. For the purposes of this subsection |
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| (d), any one or any combination
of the following processes |
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| constitute the practice of hair braiding: the
process of |
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LRB096 21056 MJR 37633 a |
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| interweaving or twisting and locking an individual's natural |
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| hair; the process of
interweaving together synthetic hair with |
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| human hair by hand; or similar
work upon the hair of any |
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| person, which does not otherwise constitute the
practice of |
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| cosmetology as defined in Section 3-1 of this Act. |
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| (Source: P.A. 95-639, eff. 10-5-07.)
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| (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 3-1. Cosmetology defined. Any one or any combination |
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| of the
following practices constitutes the practice of |
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| cosmetology when done for
cosmetic or beautifying purposes and |
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| not for the treatment of disease or of
muscular or nervous |
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| disorder: arranging, (not braiding), dressing, cutting,
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| trimming,
curling, waving, chemical restructuring, shaping, |
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| singeing, bleaching,
coloring or similar work, upon the hair of |
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| the head or any cranial prosthesis; cutting or trimming
facial |
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| hair of any person; any practice of
manicuring, pedicuring, |
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| decorating nails, applying sculptured nails or
otherwise |
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| artificial nails by hand or with mechanical or electrical
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| apparatus or appliances, or in any way caring for the nails or |
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| the skin of
the hands or feet including massaging the hands, |
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| arms, elbows, feet, lower
legs, and knees of another
person for |
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| other than the treatment of medical disorders; any practice of |
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| epilation or
depilation of any person; any practice for the |
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| purpose of cleansing,
massaging or toning the skin of the |
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LRB096 21056 MJR 37633 a |
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| scalp; beautifying, massaging,
cleansing, exfoliating, or |
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| stimulating
the stratum corneum of the epidermis by the use of |
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| cosmetic
preparations, body treatments, body wraps, the use of
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| hydrotherapy, or any device,
electrical, mechanical, or |
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| otherwise; applying make-up or
eyelashes to any person or |
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| lightening hair
on the body and removing superfluous hair from |
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| the body of any person by
the use of depilatories, waxing or |
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| tweezers. The term "cosmetology" does
not include the services |
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| provided by an electrologist. Nail technology is
the practice |
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| and the study of cosmetology only to the
extent of manicuring, |
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| pedicuring, decorating, and applying sculptured or
otherwise |
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| artificial nails, or in any way caring for the nail or the skin |
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| of
the hands or feet including massaging the hands, arms, |
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| elbows, feet, lower
legs,
and knees.
Cosmetologists are |
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| prohibited from using any technique, product, or practice |
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| intended to affect the living layers of the skin. The term |
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| cosmetology includes
rendering advice on what is cosmetically |
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| appealing, but no person licensed
under this Act shall render |
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| advice on what is appropriate medical treatment
for diseases of |
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| the skin. Purveyors of cosmetics may demonstrate such cosmetic
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| products in conjunction with any sales promotion and shall not |
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| be
required to hold a license under this Act.
Nothing in this |
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| Act shall be construed to prohibit the shampooing of hair
by |
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| persons employed for that purpose and who perform that task
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| under the direct supervision of a licensed cosmetologist or |
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| licensed
cosmetology teacher.
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