HB4682 99TH GENERAL ASSEMBLY

LRB099 18633 SMS 43015 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4682

Introduced , by Rep. Barbara Wheeler

SYNOPSIS AS INTRODUCED:

See Index

Amends the Massage Licensing Act. Provides that the Department of Financial and Professional Regulation shall issue each massage therapist an identification card. Provides that the identification card shall contain certain information. Provides that the Department shall use a licensee's digital photograph and signature from his or her Illinois driver's license or Illinois Identification Card. Provides that licenses issued under the Act shall include the licensee's name, license number, and photograph, as well as the date of expiration of the license. Provides that the Secretary of State shall allow the Department access to the photograph and signature of the licensee for the purpose of identifying the licensee and issued to the licensee an identification card and that a license holder may request a religious exemption to the photograph requirement. Provides that any person who forges or materially alters an identification card or who counterfeits an identification card, who knowingly possesses a forged or materially altered identification card with knowledge it is counterfeit, or who knowingly aids, abets, assists, procures, advises, employs, or contracts with any person who knowingly possesses a forged or materially altered identification card commits a Class 2 felony. Provides that no massage therapist may practice his or her profession under the Act without having in his or her possession an identification card. Requires massage therapists to display the new license after receiving the license from the Department. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 to make similar changes for nail technicians. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Massage Licensing Act is amended by adding Section 18 and by changing Section 32 as follows:

(225 ILCS 57/18 new)

Sec. 18. Massage therapist identification card; licenses.

(a) On and after January 1, 2018, the Department shall issue each massage therapist an identification card at such places as the Secretary shall specify. The identification card shall contain the licensee's name, license number, residence, date of birth, sex, physical description, recent photograph, and signature, as well as the date of expiration of the license. The Department shall use a licensee's digital photograph and signature from his or her Illinois driver's license or Illinois Identification Card, if available. The Secretary of State shall allow the Department access to the photograph and signature of the licensee for the purpose of identifying the licensee and issuing to the licensee an identification card. The Department shall decline to use a person's digital photograph or signature if the digital photograph or signature is the result of or associated with fraudulent or erroneous data, unless otherwise provided by law.

A licensee who is 21 years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. In lieu of a photograph, a licensee regardless of age seeking a religious exemption to the photograph requirement shall submit fingerprints on a form and manner prescribed by the Department with his or her application.

(b) In addition to any other requirements, licenses issued under this Act on and after January 1, 2018 shall include the licensee's name, license number, and photograph, as well as the date of expiration of the license. The Department shall use the same photograph as required under subsection (a) of this Section.

(c) Any person who forges or materially alters a massage therapist identification card or who counterfeits a massage therapist identification card commits a Class 2 felony.

Any person who knowingly possesses a forged or materially altered massage therapist identification card with the intent to use it commits a Class 2 felony. A person who possesses a massage therapist identification card with knowledge that it is counterfeit commits a Class 2 felony.

Whoever knowingly aids, abets, assists, procures, advises, employs, or contracts with any person who knowingly possesses a forged or materially altered massage therapist identification card with the intent to use it commits a Class 2 felony.

(d) No massage therapist may practice his or her profession under this Act without having in his or her possession a massage therapist identification card issued in his or her name by the Department under the provisions of this Act.

(225 ILCS 57/32)

(Section scheduled to be repealed on January 1, 2022)

Sec. 32. Display.

(a) Every holder of a license shall display it, or a copy, in a conspicuous place in the holder's principal office or any other location where the holder renders massage therapy services.

(b) Every holder of a license issued under Section 18 of this Act shall display it, or a copy, in a conspicuous place in the holder's principal office or any other location where the holder renders massage therapy services after receiving the license from the Department.

(Source: P.A. 97-514, eff. 8-23-11.)

Section 10. The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 is amended by changing Section 1-10, and adding Section 3C-11 as follows:

(225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)

(Section scheduled to be repealed on January 1, 2026)

Sec. 1-10. Display.

(a) Every holder of a license shall display it in a place in the holder's principal office, place of business or place of employment. Whenever a licensed cosmetologist, esthetician, nail technician, hair braider, or barber practices cosmetology, esthetics, nail technology, hair braiding, or barbering outside of or away from the cosmetologist's, esthetician's, nail technician's, hair braider's, or barber's principal office, place of business, or place of employment, the cosmetologist, esthetician, nail technician, hair braider, or barber shall provide any person so requesting proof that he or she has a valid license issued by the Department.

Every registered shop shall display its certificate of registration at the location of the shop. Each shop where barber, cosmetology, esthetics, hair braiding, or nail technology services are provided shall have a certificate of registration.

(b) Every holder of a nail technician license issued under Section 3C-11 of this Act shall display it, or a copy, in a conspicuous place in the holder's principal office or any other location where the holder renders nail technician services after receiving the license from the Department.

(Source: P.A. 99-427, eff. 8-21-15.)

(225 ILCS 410/3C-11 new)

Sec. 3C-11. Nail technician identification card; licenses.

(a) On and after January 1, 2018, the Department shall issue each nail technician an identification card at such places as the Secretary shall specify. The identification card shall contain the licensee's name, license number, residence, date of birth, sex, physical description, recent photograph, and signature, as well as the date of expiration of the license. The Department shall use a licensee's digital photograph and signature from his or her Illinois driver's license or Illinois Identification Card, if available. The Secretary of State shall allow the Department access to the photograph and signature of the licensee for the purpose of identifying the licensee and issuing to the licensee an identification card. The Department shall decline to use a person's digital photograph or signature if the digital photograph or signature is the result of or associated with fraudulent or erroneous data, unless otherwise provided by law.

A licensee who is 21 years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. In lieu of a photograph, a licensee regardless of age seeking a religious exemption to the photograph requirement shall submit fingerprints on a form and manner prescribed by the Department with his or her application.

(b) In addition to any other requirements, licenses issued under this Act on and after January 1, 2018 shall include the licensee's name, license number, and photograph, as well as the date of expiration of the license. The Department shall use the same photograph as required under subsection (a) of this Section.

(c) Any person who forges or materially alters a nail technician identification card or who counterfeits a nail technician identification card commits a Class 2 felony.

Any person who knowingly possesses a forged or materially altered nail technician identification card with the intent to use it commits a Class 2 felony. A person who possesses a nail technician identification card with knowledge that it is counterfeit commits a Class 2 felony.

Whoever knowingly aids, abets, assists, procures, advises, employs, or contracts with any person who knowingly possesses a forged or materially altered nail technician identification card with the intent to use it commits a Class 2 felony.

(d) No nail technician may practice his or her profession under this Act without having in his or her possession a nail technician identification card issued in his or her name by the Department under the provisions of this Act.

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