99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1424

 

Introduced , by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Extends the repeal date of the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 from January 1, 2016 to January 1, 2026. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides for the licensure of barber stylists and spa technicians. Makes changes in provisions concerning: definitions; licensure renewal and continuing education requirements; display of license; exceptions to the Act; qualifications for licensure; professionals licensed or registered elsewhere; the definition of "cosmetology"; examinations; continuing education; investigations by the Department of Financial and Professional Regulation; the definition of "hair braiding"; the powers and duties of the Department; and disciplinary actions. Requires a 30-day correction period be provided to approved schools found in violation of the Act (now, discretionary). Requires the Attorney General or a state's attorney to open an investigation whenever allegations of certain violations are raised against an approved school. Requires changes in the Board's composition in order to reflect the newly licensed professions. Provides for a salon/barber shop/braiding salon license (rather than a certificate of registration). Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1424LRB099 06559 HAF 26632 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.26 and by adding Section 4.36 as follows:
 
6    (5 ILCS 80/4.26)
7    Sec. 4.26. Acts repealed on January 1, 2016. The following
8Acts are repealed on January 1, 2016:
9    The Illinois Athletic Trainers Practice Act.
10    The Illinois Roofing Industry Licensing Act.
11    The Illinois Dental Practice Act.
12    The Collection Agency Act.
13    The Barber, Cosmetology, Esthetics, Hair Braiding, and
14Nail Technology Act of 1985.
15    The Respiratory Care Practice Act.
16    The Hearing Instrument Consumer Protection Act.
17    The Illinois Physical Therapy Act.
18    The Professional Geologist Licensing Act.
19(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
2096-1246, eff. 1-1-11.)
 
21    (5 ILCS 80/4.36 new)
22    Sec. 4.36. Act repealed on January 1, 2026. The following

 

 

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1Act is repealed on January 1, 2026:
2    The Barber, Cosmetology, Esthetics, Hair Braiding, and
3Nail Technology Act of 1985.
 
4    Section 10. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by
6changing Sections 1-4, 1-7, 1-10, 1-11, 2-4, 2-4a, 2-7, 2A-7,
73-1, 3-4, 3-6, 3-7, 3-7.1, 3-8, 3A-3, 3A-5, 3A-6, 3A-7, 3B-2,
83B-3, 3B-10, 3B-15, 3C-1, 3C-2, 3C-3, 3C-7, 3C-8, 3C-9, 3D-5,
93E-1, 3E-2, 3E-3, 3E-5, 4-1, 4-2, 4-4, 4-7, 4-9, 4-19, and 4-20
10and the heading of Article IIIE and by adding Articles IIB and
11IIIF as follows:
 
12    (225 ILCS 410/1-4)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 1-4. Definitions. In this Act the following words
15shall have the following meanings:
16    "Board" means the Barber, Cosmetology, Esthetics, Hair
17Braiding, and Nail Technology Board.
18    "Department" means the Department of Financial and
19Professional Regulation.
20    "Licensed barber" means an individual licensed by the
21Department to practice barbering as defined in this Act and
22whose license is in good standing.
23    "Licensed cosmetologist" means an individual licensed by
24the Department to practice cosmetology, nail technology, hair

 

 

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1braiding, and esthetics as defined in this Act and whose
2license is in good standing.
3    "Licensed esthetician" means an individual licensed by the
4Department to practice esthetics as defined in this Act and
5whose license is in good standing.
6    "Licensed nail technician" means any individual licensed
7by the Department to practice nail technology as defined in
8this Act and whose license is in good standing.
9    "Licensed barber teacher/instructor" means an individual
10licensed by the Department to practice barbering as defined in
11this Act and to provide instruction in the theory and practice
12of barbering to students in an approved barber school.
13    "Licensed cosmetology, esthetics, and nail technology
14teacher/instructor" and licensed cosmetologist, esthetician,
15and nail technician mean means an individual licensed by the
16Department to practice cosmetology, esthetics, hair braiding,
17and nail technology as defined in this Act and to provide
18instruction in the theory and practice of cosmetology,
19esthetics, and nail technology to students in an approved
20cosmetology, esthetics, or nail technology school.
21    "Licensed cosmetology clinic teacher" means an individual
22licensed by the Department to practice cosmetology, esthetics,
23and nail technology as defined in this Act and to provide
24clinical instruction in the practice of cosmetology,
25esthetics, hair braiding, and nail technology in an approved
26school of cosmetology, esthetics, or nail technology.

 

 

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1    "Licensed esthetics teacher/instructor" means an
2individual licensed by the Department to practice esthetics as
3defined in this Act and to provide instruction in the theory
4and practice of esthetics to students in an approved
5cosmetology or esthetics school.
6    "Licensed hair braider" means any individual licensed by
7the Department to practice hair braiding as defined in Section
83E-1 and whose license is in good standing.
9    "Licensed hair braiding teacher/instructor" means an
10individual licensed by the Department to practice hair braiding
11and to provide instruction in the theory and practice of hair
12braiding to students in an approved cosmetology or hair
13braiding school.
14    "Licensed nail technology teacher/instructor" means an
15individual licensed by the Department to practice nail
16technology and to provide instruction in the theory and
17practice of nail technology to students in an approved nail
18technology school or cosmetology school.
19    Licensed barber stylist means an individual licensed by the
20Department to practice barbering and cosmetology as defined in
21this Act and whose license is in good standing.
22    Licensed spa technician means an individual licensed by the
23Department to practice esthetics and nail technology as defined
24in this Act and whose license is in good standing.
25    Licensed salon/barber shop/braiding salon means a business
26licensed by the Department to practice barbering, cosmetology,

 

 

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1nail technology, esthetics, or hair braiding as defined in this
2Act and whose license is in good standing.
3    "Enrollment" is the date upon which the student signs an
4enrollment agreement or student contract.
5    "Enrollment agreement" or "student contract" is any
6agreement, instrument, or contract however named, which
7creates or evidences an obligation binding a student to
8purchase a course of instruction from a school.
9    "Enrollment time" means the maximum number of hours a
10student could have attended class, whether or not the student
11did in fact attend all those hours.
12    "Elapsed enrollment time" means the enrollment time
13elapsed between the actual starting date and the date of the
14student's last day of physical attendance in the school.
15    "Secretary" means the Secretary of the Department of
16Financial and Professional Regulation.
17    "Threading" means any technique that results in the removal
18of superfluous hair from the body by twisting thread around
19unwanted hair and then pulling it from the skin; and may also
20include the incidental trimming of eyebrow hair.
21(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;
2298-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
23    (225 ILCS 410/1-7)  (from Ch. 111, par. 1701-7)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 1-7. Licensure required; renewal.

 

 

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1    (a) It is unlawful for any person to practice, or to hold
2himself or herself out to be a cosmetologist, esthetician, nail
3technician, hair braider, or barber, barber stylist, or spa
4technician without a license as a cosmetologist, esthetician,
5nail technician, hair braider, or barber, barber stylist, or
6spa technician issued by the Department of Financial and
7Professional Regulation pursuant to the provisions of this Act
8and of the Civil Administrative Code of Illinois. It is also
9unlawful for any person, firm, partnership, or corporation to
10own, operate, or conduct a cosmetology, esthetics, nail
11technology, hair braiding salon, or barber school without a
12license issued by the Department or to own or operate a
13cosmetology, esthetics, nail technology, or hair braiding
14salon or barber shop without a license certificate of
15registration issued by the Department. It is further unlawful
16for any person to teach or instruct in any cosmetology,
17esthetics, nail technology, hair braiding, or barber college or
18school approved by the Department or hold himself or herself
19out as a cosmetology, esthetics, hair braiding, nail
20technology, or barber teacher without a license as a
21teacher/instructor , issued by the Department or as a
22cosmetology clinic teacher without a license as a clinic
23teacher issued by the Department.
24    (b) Notwithstanding any other provision of this Act, a
25person licensed as a cosmetologist may hold himself or herself
26out as an esthetician or nail technician and may engage in the

 

 

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1practice of esthetics and nail technology, as defined in this
2Act, without being licensed as an esthetician or nail
3technician. A person licensed as a cosmetology, esthetics, and
4nail technology teacher/instructor may teach esthetics and
5nail technology or hold himself or herself out as an esthetics
6and nail technology teacher/instructor without being licensed
7as an esthetics or nail technology teacher/instructor. A person
8licensed as a cosmetologist may hold himself or herself out as
9a nail technician and may engage in the practice of nail
10technology, as defined in this Act, without being licensed as a
11nail technician. A person licensed as a cosmetology teacher may
12teach nail technology and hold himself or herself out as a nail
13technology teacher without being licensed as a nail technology
14teacher. A person licensed as a cosmetologist may hold himself
15or herself out as a hair braider and may engage in the practice
16of hair braiding, as defined in this Act, without being
17licensed as a hair braider. A person licensed as a cosmetology,
18esthetics, and nail technology teacher/instructor may teach
19hair braiding and hold himself or herself out as a hair
20braiding teacher without being licensed as a hair braiding
21teacher/instructor. A person licensed as a barber stylist may
22hold himself or herself out as a barber or cosmetologist and
23may engage in the practices of barbering and cosmetology, as
24defined in this Act, without being licensed as a barber or
25cosmetologist. A person licensed as a spa technician may hold
26himself or herself out as a nail technician or esthetician and

 

 

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1may engage in the practices of nail technology and esthetics,
2as defined in this Act, without being licensed as a nail
3technician or esthetician.
4    (c) A person licensed as a barber teacher/instructor may
5hold himself or herself out as a barber and may practice
6barbering without a license as a barber. A person licensed as a
7cosmetology teacher/instructor may hold himself or herself out
8as a cosmetologist, esthetician, hair braider, and nail
9technologist and may practice cosmetology, esthetics, hair
10braiding, and nail technology without a license as a
11cosmetologist, esthetician, hair braider, or nail
12technologist. A person licensed as an esthetics
13teacher/instructor may hold himself or herself out as an
14esthetician without being licensed as an esthetician and may
15practice esthetics. A person licensed as a nail technician
16teacher may practice nail technology and may hold himself or
17herself out as a nail technologist without being licensed as a
18nail technologist. A person licensed as a hair braiding
19teacher/instructor may practice hair braiding and may hold
20himself or herself out as a hair braider without being licensed
21as a hair braider.
22    (d) The holder of a license issued under this Act may renew
23that license during the month preceding the expiration date of
24the license by paying the required fee.
25(Source: P.A. 98-911, eff. 1-1-15.)
 

 

 

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1    (225 ILCS 410/1-10)  (from Ch. 111, par. 1701-10)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 1-10. Display. Every holder of a license shall display
4it in a place in the holder's principal office, place of
5business or place of employment. Whenever a licensed
6cosmetologist, esthetician, nail technician, hair braider, or
7barber, barber stylist, or spa technician practices
8cosmetology, esthetics, nail technology, hair braiding, or
9barbering outside of or away from the cosmetologist's,
10esthetician's, nail technician's, hair braider's, or barber's
11principal office, place of business, or place of employment,
12the cosmetologist, esthetician, nail technician, hair braider,
13or barber, barber stylist, or spa technician shall deliver to
14each person served a certificate of identification in a form
15specified by the Department.
16    Every licensed registered shop shall display its license
17certificate of registration at the location of the shop. Each
18shop where barber, cosmetology, esthetics, hair braiding, or
19nail technology services are provided shall have a license
20certificate of registration.
21(Source: P.A. 96-1246, eff. 1-1-11.)
 
22    (225 ILCS 410/1-11)  (from Ch. 111, par. 1701-11)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 1-11. Exceptions to Act.
25    (a) Nothing in this Act shall be construed to apply to the

 

 

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1educational activities conducted in connection with any
2monthly, annual or other special educational program of any
3bona fide association of licensed cosmetologists,
4estheticians, nail technicians, hair braiders, or barbers,
5barber stylists, or spa technicians or licensed cosmetology,
6esthetics, nail technology, hair braiding, or barber schools
7from which the general public is excluded.
8    (b) Nothing in this Act shall be construed to apply to the
9activities and services of registered nurses or licensed
10practical nurses, as defined in the Nurse Practice Act, or to
11personal care or health care services provided by individuals
12in the performance of their duties as employed or authorized by
13facilities or programs licensed or certified by State agencies.
14As used in this subsection (b), "personal care" means
15assistance with meals, dressing, movement, bathing, or other
16personal needs or maintenance or general supervision and
17oversight of the physical and mental well-being of an
18individual who is incapable of maintaining a private,
19independent residence or who is incapable of managing his or
20her person whether or not a guardian has been appointed for
21that individual. The definition of "personal care" as used in
22this subsection (b) shall not otherwise be construed to negate
23the requirements of this Act or its rules.
24    (c) Nothing in this Act shall be deemed to require
25licensure of individuals employed by the motion picture, film,
26television, stage play or related industry for the purpose of

 

 

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1providing cosmetology or esthetics services to actors of that
2industry while engaged in the practice of cosmetology or
3esthetics as a part of that person's employment.
4(Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
 
5    (225 ILCS 410/2-4)  (from Ch. 111, par. 1702-4)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 2-4. Licensure as a barber teacher/instructor;
8qualifications. A person is qualified to receive a license as a
9barber teacher/instructor if that person files an application
10on forms provided by the Department, pays the required fee,
11and:
12        a. Is at least 18 years of age;
13        b. Has graduated from high school or its equivalent;
14        c. Has a current license as a barber or cosmetologist;
15        d. Has graduated from a barber school or school of
16    cosmetology approved by the Department having:
17            (1) completed a total of 500 hours in barber
18        teacher/instructor training extending over a period of
19        not less than 3 months nor more than 2 years and has
20        had 3 years of practical experience as a licensed
21        barber;
22            (2) completed a total of 1,000 hours of barber
23        teacher/instructor training extending over a period of
24        not less than 6 months nor more than 2 years; or
25            (3) completed the cosmetology teacher/instructor

 

 

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1        training as specified in paragraph (4) of subsection
2        (a) of Section 3-4 of this Act and completed a
3        supplemental barbering course as established by rule;
4        and
5        e. Has passed an examination authorized by the
6    Department to determine fitness to receive a license as a
7    barber teacher/instructor or a cosmetology
8    teacher/instructor; and
9        f. Has met any other requirements set forth in this
10    Act.
11    An applicant who is issued a license as a barber
12teacher/instructor Barber Teacher is not required to maintain a
13barber license in order to practice barbering as defined in
14this Act.
15(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15;
16revised 11-25-14.)
 
17    (225 ILCS 410/2-4a)  (from Ch. 111, par. 1702-4a)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 2-4a. Barbers licensed or registered elsewhere. An
20applicant who is a barber registered or licensed under the laws
21of another state or territory of the United States or of a
22foreign country or province may, without examination, be
23granted a license as a barber by the Department in its
24discretion upon filing of an application on forms provided by
25the Department, paying the required fee, and meeting the

 

 

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1following conditions:
2        (a) the applicant is at least 16 years of age; and
3        (b) the requirements for the registration or licensure
4    of barbers in the particular state, territory, country or
5    province were at the date of the license, substantially
6    equivalent to the requirements then in force in this State;
7    or the applicant has established proof of legal practice in
8    another jurisdiction for at least 3 years.
9    The Department shall prescribe reasonable rules and
10regulations governing the recognition of and the credit to be
11given to the study of barbering under the laws of another state
12or territory of the United States or a foreign country or
13province by an applicant for a license as a barber or barber
14teacher/instructor, and for the recognition of legal practice
15in another jurisdiction towards the education required under
16this Act.
17(Source: P.A. 89-387, eff. 1-1-96.)
 
18    (225 ILCS 410/2-7)  (from Ch. 111, par. 1702-7)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 2-7. Examination of applicants. The Department shall
21hold examinations of applicants for licensure as barbers and
22teachers/instructors of barbering at such times and places as
23it may determine. Upon request, the examinations shall be
24administered in Spanish.
25    Each applicant shall be given a written examination testing

 

 

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1both theoretical and practical knowledge of the following
2subjects insofar as they are related and applicable to the
3practice of barber science and art: (1) anatomy, (2)
4physiology, (3) skin diseases, (4) hygiene and sanitation, (5)
5barber history, (6) barber law, (7) hair cutting and styling,
6(8) shaving, shampooing, and permanent waving, (9) massaging,
7(10) bleaching, tinting, and coloring, and (11) implements.
8    The examination of applicants for licensure as a barber
9teacher/instructor shall include: (a) practice of barbering
10and styling, (b) theory of barbering, (c) methods of teaching,
11and (d) school management.
12    This Act does not prohibit the practice as a barber or
13barber teacher/instructor by one who has applied in writing to
14the Department, in form and substance satisfactory to the
15Department, for a license and has complied with all the
16provisions of this Act in order to qualify for a license except
17the passing of an examination, until: (a) the expiration of 6
18months after the filing of such written application, or (b) the
19decision of the Department that the applicant has failed to
20pass an examination within 6 months or failed without an
21approved excuse to take an examination conducted within 6
22months by the Department, or (c) the withdrawal of the
23application.
24(Source: P.A. 94-451, eff. 12-31-05.)
 
25    (225 ILCS 410/2A-7)

 

 

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1    (Section scheduled to be repealed on January 1, 2015)
2    Sec. 2A-7. Requirements for licensure as barber school. No
3person, firm, or corporation may own, operate, or conduct a
4school or college of barbering for the purpose of teaching
5barbering for compensation unless licensed by the Department. A
6licensed school is a postsecondary educational institution
7authorized by the Department to provide a postsecondary
8education program in compliance with the requirements of this
9Act. An applicant shall apply to the Department on forms
10provided by the Department, pay the required fees, and comply
11with the following requirements:
12        1. The applicant must submit to the Department for
13    approval:
14            a. A floor plan, drawn to a scale specified on the
15        floor plan, showing every detail of the proposed
16        school; and
17            b. A lease commitment or proof of ownership for the
18        location of the proposed school; a lease commitment
19        must provide for execution of the lease upon the
20        Department's approval of the school's application and
21        the lease must be for a period of at least one year.
22            c. (Blank).
23        2. An application to own or operate a school shall
24    include the following:
25            a. If the owner is a corporation, a copy of the
26        Articles of Incorporation;

 

 

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1            b. If the owner is a partnership, a listing of all
2        partners and their current addresses;
3            c. If the applicant is an owner, a completed
4        financial statement showing the owner's ability to
5        operate the school for at least 3 months;
6            d. A copy of the official enrollment agreement or
7        student contract to be used by the school, which shall
8        be consistent with the requirements of this Act;
9            e. A listing of all teachers/instructors who will
10        be in the school's employ, including their
11        teacher/instructor license numbers;
12            f. A copy of the curricula that will be followed;
13            g. The names, addresses, and current status of all
14        schools in which the applicant has previously owned any
15        interest, and a declaration as to whether any of these
16        schools were ever denied accreditation or licensing or
17        lost accreditation or licensing from any governmental
18        body or accrediting agency;
19            h. Each application for a certificate of approval
20        shall be signed and certified under oath by the
21        school's chief managing employee and also by its
22        individual owner or owners; if the applicant is a
23        partnership or a corporation, then the application
24        shall be signed and certified under oath by the
25        school's chief managing employee and also by each
26        member of the partnership or each officer of the

 

 

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1        corporation, as the case may be;
2            i. A copy of the school's official transcript; and
3            j. The required fee.
4        3. Each application for a license to operate a school
5    shall also contain the following commitments:
6            a. To conduct the school in accordance with this
7        Act and the standards and rules from time to time
8        adopted under this Act and to meet standards and
9        requirements at least as stringent as those required by
10        Part H of the federal Higher Education Act of 1965.
11            b. To permit the Department to inspect the school
12        or classes thereof from time to time with or without
13        notice; and to make available to the Department, at any
14        time when required to do so, information including
15        financial information pertaining to the activities of
16        the school required for the administration of this Act
17        and the standards and rules adopted under this Act;
18            c. To utilize only advertising and solicitation
19        that is free from misrepresentation, deception, fraud,
20        or other misleading or unfair trade practices;
21            d. To screen applicants to the school prior to
22        enrollment pursuant to the requirements of the
23        school's regional or national accrediting agency, if
24        any, and to maintain any and all records of such
25        screening; if the course of instruction is offered in a
26        language other than English, the screening shall also

 

 

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1        be performed in that language;
2            e. To post in a conspicuous place a statement,
3        developed by the Department, of student's rights
4        provided under this Act.
5        4. The applicant shall establish to the satisfaction of
6    the Department that the owner possesses sufficient liquid
7    assets to meet the prospective expenses of the school for a
8    period of 3 months. In the discretion of the Department,
9    additional proof of financial ability may be required.
10        5. The applicant shall comply with all rules of the
11    Department determining the necessary curriculum and
12    equipment required for the conduct of the school.
13        6. The applicant must demonstrate employment of a
14    sufficient number of qualified teachers who are holders of
15    a current license issued by the Department.
16        7. A final inspection of the barber school shall be
17    made by the Department before the school may commence
18    classes.
19        8. A written inspection report must be made by a local
20    fire authority or the State Fire Marshal approving the use
21    of the proposed premises as a barber school.
22(Source: P.A. 98-238, eff. 1-1-14. Repealed by P.A. 98-911,
23eff. 1-1-15.)
 
24    (225 ILCS 410/Art. IIB heading new)
25
ARTICLE IIB. BARBER STYLISTS

 

 

 

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1    (225 ILCS 410/2B-1 new)
2    Sec. 2B-1. Barber styling defined. Any one or any
3combination of the following practices constitutes the
4practice of barber styling when done for cosmetic or
5beautifying purposes and not for the treatment of disease or of
6muscular or nervous disorder: arranging, braiding, dressing,
7styling, cutting, trimming, curling, marcelling, waving,
8chemical restructuring, straightening, smoothing, tinting,
9cleaning, epilating, depilating, shampooing, shaping,
10singeing, bleaching, coloring, or similar work, upon the hair
11of the head or any cranial prosthesis; shaving or trimming the
12beard; cutting or trimming facial hair of any person; any
13practice of manicuring, pedicuring, decorating nails, applying
14sculptured nails or otherwise artificial nails by hand or with
15mechanical or electrical apparatus or appliances, or in any way
16caring for the nails or the skin of the hands or feet,
17including massaging the hands, arms, elbows, feet, lower legs,
18and knees of another person for other than the treatment of
19medical disorders; any practice of epilation or depilation of
20any person; any practice for the purpose of cleansing,
21massaging, or toning the skin of the scalp; beautifying,
22massaging, cleansing, exfoliating, or stimulating the stratum
23corneum of the epidermis by the use of cosmetic preparations,
24body treatments, body wraps, the use of hydrotherapy, or any
25device, electrical, mechanical, or otherwise; applying make-up

 

 

HB1424- 20 -LRB099 06559 HAF 26632 b

1or eyelashes to any person or lightening hair on the body and
2removing superfluous hair from the body of any person by the
3use of depilatories, waxing, threading, or tweezers. The term
4barber styling does not include the services provided by an
5electrologist. Nail technology is the practice and the study of
6barber styling only to the extent of manicuring, pedicuring,
7decorating, and applying sculptured or otherwise artificial
8nails, or in any way caring for the nail or the skin of the
9hands or feet including massaging the hands, arms, elbows,
10feet, lower legs, and knees. Barber stylists are prohibited
11from using any technique, product, or practice intended to
12affect the living layers of the skin. The term barber styling
13includes rendering advice on what is cosmetically appealing,
14but no person licensed under this Act shall render advice on
15what is appropriate medical treatment for diseases of the skin.
16Purveyors of cosmetics may demonstrate such cosmetic products
17in conjunction with any sales promotion and shall not be
18required to hold a license under this Act. Nothing in this Act
19shall be construed to prohibit the shampooing of hair by
20persons employed for that purpose and who perform that task
21under the direct supervision of a licensed barber,
22cosmetologist, or licensed cosmetology teacher.
 
23    (225 ILCS 410/2B-2 new)
24    Sec. 2B-2. Licensure as a barber stylist; qualifications. A
25person is qualified to receive a license as a barber stylist if

 

 

HB1424- 21 -LRB099 06559 HAF 26632 b

1that person has applied in writing on forms prescribed by the
2Department, has paid the required fees, and:
3        (1) is at least 16 years of age;
4        (2) has a certificate of graduation from a school
5    providing secondary education, or the recognized
6    equivalent of such a certificate, or persons who are beyond
7    the age of compulsory school attendance;
8        (3) has (A) graduated from a school of cosmetology
9    approved by the Department, having completed a total of
10    1,800 hours in the study of barber styling extending over a
11    period of not less than 9 months nor more than 3 years
12    (time spent in such study under the laws of another state
13    or territory of the United States or of a foreign country
14    or province shall be credited toward the period of study
15    required by the provisions of this paragraph); or (B)
16    successfully completed a certification course of 300 hours
17    in the study of barber techniques from a school of
18    cosmetology approved by the Department to offer barber
19    styling curricula;
20        (4) has passed an examination caused to be conducted by
21    the Department or its designated testing service to
22    determine fitness to receive a license as a barber stylist;
23    and
24        (5) has met all of the other requirements of this Act.
 
25    (225 ILCS 410/3-1)  (from Ch. 111, par. 1703-1)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 3-1. Cosmetology defined. Any one or any combination
3of the following practices constitutes the practice of
4cosmetology when done for cosmetic or beautifying purposes and
5not for the treatment of disease or of muscular or nervous
6disorder: arranging, braiding, dressing, cutting, trimming,
7curling, waving, chemical restructuring, smoothing, tinting,
8shaping, singeing, bleaching, coloring or similar work, upon
9the hair of the head or any cranial prosthesis; cutting or
10trimming facial hair of any person; any practice of manicuring,
11pedicuring, decorating nails, applying sculptured nails or
12otherwise artificial nails by hand or with mechanical or
13electrical apparatus or appliances, or in any way caring for
14the nails or the skin of the hands or feet including massaging
15the hands, arms, elbows, feet, lower legs, and knees of another
16person for other than the treatment of medical disorders; any
17practice of epilation or depilation of any person; any practice
18for the purpose of cleansing, massaging or toning the skin of
19the scalp; beautifying, massaging, cleansing, exfoliating, or
20stimulating the stratum corneum of the epidermis by the use of
21cosmetic preparations, body treatments, body wraps, the use of
22hydrotherapy, or any device, electrical, mechanical, or
23otherwise; applying make-up or eyelashes to any person or
24lightening or coloring hair on the body and removing
25superfluous hair from the body of any person by the use of
26depilatories, waxing, threading, or tweezers. The term

 

 

HB1424- 23 -LRB099 06559 HAF 26632 b

1"cosmetology" does not include the services provided by an
2electrologist. Nail technology is the practice and the study of
3cosmetology only to the extent of manicuring, pedicuring,
4decorating, and applying sculptured or otherwise artificial
5nails, or in any way caring for the nail or the skin of the
6hands or feet including massaging the hands, arms, elbows,
7feet, lower legs, and knees. Cosmetologists are prohibited from
8using any technique, product, or practice intended to affect
9the living layers of the skin. The term cosmetology includes
10rendering advice on what is cosmetically appealing, but no
11person licensed under this Act shall render advice on what is
12appropriate medical treatment for diseases of the skin.
13Purveyors of cosmetics may demonstrate such cosmetic products
14in conjunction with any sales promotion and shall not be
15required to hold a license under this Act. Nothing in this Act
16shall be construed to prohibit the shampooing of hair by
17persons employed for that purpose and who perform that task
18under the direct supervision of a licensed cosmetologist or
19licensed cosmetology teacher.
20(Source: P.A. 98-911, eff. 1-1-15.)
 
21    (225 ILCS 410/3-4)  (from Ch. 111, par. 1703-4)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 3-4. Licensure as cosmetology, esthetics, and nail
24technology teacher/instructor or cosmetology clinic teacher;
25qualifications.

 

 

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1    (a) A person is qualified to receive license as a
2cosmetology, esthetics, and nail technology teacher/instructor
3if that person has applied in writing on forms provided by the
4Department, has paid the required fees, and:
5        (1) is at least 18 years of age;
6        (2) has graduated from high school or its equivalent;
7        (3) has a current license as a cosmetologist;
8        (4) has either: (i) completed a program of 500 hours of
9    teacher/instructor training in a licensed school of
10    cosmetology and had 2 years of practical experience as a
11    licensed cosmetologist within 5 years preceding the
12    examination; or (ii) completed a program of 1,000 hours of
13    teacher/instructor training in a licensed school of
14    cosmetology;
15        (5) has passed an examination authorized by the
16    Department to determine eligibility to receive a license as
17    a cosmetology teacher/instructor; and
18        (6) has met any other requirements of this Act.
19    An individual who receives a license as a cosmetology,
20esthetics, and nail technology teacher/instructor shall not be
21required to maintain an active cosmetology license in order to
22practice cosmetology as defined in this Act.
23    (b) (Blank). A person is qualified to receive a license as
24a cosmetology clinic teacher if he or she has applied in
25writing on forms provided by the Department, has paid the
26required fees, and:

 

 

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1        (1) is at least 18 years of age;
2        (2) has graduated from high school or its equivalent;
3        (3) has a current license as a cosmetologist;
4        (4) has (i) completed a program of 250 hours of clinic
5    teacher training in a licensed school of cosmetology or
6    (ii) within 5 years preceding the examination, has obtained
7    a minimum of 2 years of practical experience working at
8    least 30 full-time hours per week as a licensed
9    cosmetologist and has completed an instructor's institute
10    of 20 hours, as prescribed by the Department, prior to
11    submitting an application for examination;
12        (5) has passed an examination authorized by the
13    Department to determine eligibility to receive a license as
14    a cosmetology teacher; and
15        (6) has met any other requirements of this Act.
16    The Department shall not issue any new cosmetology clinic
17teacher licenses after January 1, 2009. Any person issued a
18license as a cosmetology clinic teacher before January 1, 2009,
19may renew the license after that date under this Act and that
20person may continue to renew the license or have the license
21restored during his or her lifetime, subject only to the
22renewal or restoration requirements for the license under this
23Act; however, such licensee and license shall remain subject to
24the provisions of this Act, including, but not limited to,
25provisions concerning renewal, restoration, fees, continuing
26education, discipline, administration, and enforcement.

 

 

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1(Source: P.A. 94-451, eff. 12-31-05.)
 
2    (225 ILCS 410/3-6)  (from Ch. 111, par. 1703-6)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 3-6. Examination. The Department shall authorize
5examinations of applicants for licensure as cosmetologists and
6cosmetology, esthetics, and nail technology
7teachers/instructors of cosmetology at the times and places it
8may determine. An applicant may apply for examination when a
9minimum of 1,300 of the 1,500 total program hours have been
10completed in a duly licensed and approved school of
11cosmetology. If an applicant for licensure as a cosmetologist
12fails to pass 3 examinations conducted by the Department, the
13applicant shall, before taking a subsequent examination,
14furnish evidence of not less than 250 hours of additional study
15of cosmetology in an approved school of cosmetology since the
16applicant last took the examination. If an applicant for
17licensure as a cosmetology, esthetics, and nail technology
18teacher/instructor fails to pass 3 examinations conducted by
19the Department, the applicant shall, before taking a subsequent
20examination, furnish evidence of not less than 80 hours of
21additional study in teaching methodology and educational
22psychology in an approved school of cosmetology since the
23applicant last took the examination. An applicant who fails to
24pass the fourth examination shall not again be admitted to an
25examination unless: (i) in the case of an applicant for

 

 

HB1424- 27 -LRB099 06559 HAF 26632 b

1licensure as a cosmetologist, the applicant again takes and
2completes a program of 1,500 1500 hours in the study of
3cosmetology in an approved school of cosmetology extending over
4a period that commences after the applicant fails to pass the
5fourth examination and that is not less than 8 months nor more
6than 7 consecutive years in duration; (ii) in the case of an
7applicant for licensure as a cosmetology, esthetics, and nail
8technology teacher/instructor, the applicant again takes and
9completes a program of 1,000 1000 hours of teacher/instructor
10training in an approved school of cosmetology, except that if
11the applicant had 2 years of practical experience as a licensed
12cosmetologist within the 5 years preceding the initial
13examination taken by the applicant, the applicant must again
14take and complete a program of 500 hours of teacher/instructor
15training in an approved school of cosmetology, esthetics, or
16nail technology; or (iii) in the case of an applicant for
17licensure as a cosmetology clinic teacher, the applicant again
18takes and completes a program of 250 hours of clinic teacher
19training in a licensed school of cosmetology or an instructor's
20institute of 20 hours. The requirements for remedial training
21set forth in this Section may be waived in whole or in part by
22the Department upon proof to the Department that the applicant
23has demonstrated competence to again sit for the examination.
24The Department shall adopt rules establishing the standards by
25which this determination shall be made. Each cosmetology
26applicant shall be given a written examination testing both

 

 

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1theoretical and practical knowledge, which shall include, but
2not be limited to, questions that determine the applicant's
3knowledge of product chemistry, sanitary rules, sanitary
4procedures, chemical service procedures, hazardous chemicals
5and exposure minimization, knowledge of the anatomy of the
6skin, scalp, hair, and nails as they relate to applicable
7services under this Act and labor and compensation laws.
8    The examination of applicants for licensure as a
9cosmetology, esthetics, and or nail technology
10teacher/instructor may include all of the elements of the exam
11for licensure as a cosmetologist, esthetician, or nail
12technician and also include teaching methodology, classroom
13management, record keeping, and any other related subjects that
14the Department in its discretion may deem necessary to insure
15competent performance.
16    This Act does not prohibit the practice of cosmetology by
17one who has applied in writing to the Department, in form and
18substance satisfactory to the Department, for a license as a
19cosmetologist, or the teaching/instructing of cosmetology by
20one who has applied in writing to the Department, in form and
21substance satisfactory to the Department, for a license as a
22cosmetology, esthetics, and nail technology teacher/instructor
23or cosmetology clinic teacher, if the person has complied with
24all the provisions of this Act in order to qualify for a
25license, except the passing of an examination to be eligible to
26receive a license, until: (a) the expiration of 6 months after

 

 

HB1424- 29 -LRB099 06559 HAF 26632 b

1the filing of the written application, (b) the decision of the
2Department that the applicant has failed to pass an examination
3within 6 months or failed without an approved excuse to take an
4examination conducted within 6 months by the Department, or (c)
5the withdrawal of the application.
6(Source: P.A. 94-451, eff. 12-31-05.)
 
7    (225 ILCS 410/3-7)  (from Ch. 111, par. 1703-7)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 3-7. Licensure; renewal; continuing education;
10military service. The holder of a license issued under this
11Article III may renew that license during the month preceding
12the expiration date thereof by paying the required fee, giving
13such evidence as the Department may prescribe of completing not
14less than 14 hours of continuing education for a cosmetologist
15or barber stylist, and 24 hours of continuing education for a
16cosmetology, esthetics, and nail technology teacher/instructor
17or cosmetology clinic teacher, within the 2 years prior to
18renewal. The training shall be in subjects approved by the
19Department as prescribed by rule upon recommendation of the
20Board.
21    A license that has been expired for more than 5 years may
22be restored by payment of the restoration fee and submitting
23evidence satisfactory to the Department of the current
24qualifications and fitness of the licensee, which shall include
25completion of continuing education hours for the period

 

 

HB1424- 30 -LRB099 06559 HAF 26632 b

1subsequent to expiration.
2    The Department shall establish by rule a means for the
3verification of completion of the continuing education
4required by this Section. This verification may be accomplished
5through audits of records maintained by registrants, by
6requiring the filing of continuing education certificates with
7the Department, or by other means established by the
8Department.
9    A license issued under the provisions of this Act that has
10expired while the holder of the license was engaged (1) in
11federal service on active duty with the Army of the United
12States, the United States Navy, the Marine Corps, the Air
13Force, the Coast Guard, or any Women's Auxiliary thereof, or
14the State Militia called into the service or training of the
15United States of America, or (2) in training or education under
16the supervision of the United States preliminary to induction
17into the military service, may be reinstated or restored
18without the payment of any lapsed renewal fees, reinstatement
19fee, or restoration fee if within 2 years after the termination
20of such service, training, or education other than by
21dishonorable discharge, the holder furnishes the Department
22with an affidavit to the effect that he or she has been so
23engaged and that his or her service, training, or education has
24been so terminated.
25    The Department, in its discretion, may waive enforcement of
26the continuing education requirement in this Section and shall

 

 

HB1424- 31 -LRB099 06559 HAF 26632 b

1adopt rules defining the standards and criteria for that waiver
2under the following circumstances:
3        (a) the licensee resides in a locality where it is
4    demonstrated that the absence of opportunities for such
5    education would interfere with the ability of the licensee
6    to provide service to the public;
7        (b) that to comply with the continuing education
8    requirements would cause a substantial financial hardship
9    on the licensee;
10        (c) that the licensee is serving in the United States
11    Armed Forces; or
12        (d) that the licensee is incapacitated due to illness.
13    The continuing education requirements of this Section do
14not apply to a licensee who (i) is at least 62 years of age or
15(ii) has been licensed as a cosmetologist, cosmetology teacher,
16or cosmetology clinic teacher for at least 25 years.
17(Source: P.A. 98-911, eff. 1-1-15.)
 
18    (225 ILCS 410/3-7.1)  (from Ch. 111, par. 1703-7.1)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 3-7.1. Inactive Status. Any cosmetologist, barber
21stylist, or cosmetology teacher/instructor , or cosmetology
22clinic teacher who notifies the Department in writing on forms
23prescribed by the Department, may elect to place his or her
24license on an inactive status and shall, subject to rules of
25the Department, be excused from payment of renewal fees until

 

 

HB1424- 32 -LRB099 06559 HAF 26632 b

1he or she notifies the Department in writing of his or her
2desire to resume active status.
3    Any cosmetologist, barber stylist, or cosmetology
4teacher/instructor , or cosmetology clinic teacher requesting
5restoration from inactive status shall be required to pay the
6current renewal fee and to qualify for the restoration of his
7or her license, subject to rules of the Department. A license
8shall not be restored from inactive status unless the
9cosmetologist or , cosmetology teacher/instructor , or
10cosmetology clinic teacher requesting the restoration
11completes the number of hours of continuing education required
12for renewal of a license under Section 3-7.
13    Any cosmetologist or , cosmetology teacher/instructor , or
14cosmetology clinic teacher whose license is in an inactive
15status shall not practice in the State of Illinois.
16(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
 
17    (225 ILCS 410/3-8)  (from Ch. 111, par. 1703-8)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 3-8. Cosmetologists or cosmetology, esthetics, and
20nail technology teachers/instructors registered or licensed
21elsewhere.
22    (a) Except as otherwise provided in this Act, upon payment
23of the required fee, an applicant who is a cosmetologist or
24cosmetology, esthetics, and nail technology teacher/instructor
25registered or licensed under the laws of a foreign country or

 

 

HB1424- 33 -LRB099 06559 HAF 26632 b

1province may be granted a license as a licensed cosmetologist
2or cosmetology, esthetics, and nail technology
3teacher/instructor by the Department in its discretion upon the
4following conditions:
5        (1) The cosmetologist applicant is at least 16 years of
6    age and the cosmetology teacher applicant is at least 18
7    years of age; and
8        (2) The requirements for the registration or licensing
9    of cosmetologists or cosmetology, esthetics, and nail
10    technology teachers/instructors in the particular country
11    or province were, at the date of the license, substantially
12    equivalent to the requirements then in force for
13    cosmetologists or cosmetology, esthetics, and nail
14    technology teachers/instructors in this State; or the
15    applicant has established proof of legal practice as a
16    cosmetologist or cosmetology, esthetics, and nail
17    technology teacher/instructor in another jurisdiction for
18    at least 3 years; and
19        (3) If the Department, in its discretion and in
20    accordance with the rules, deems it necessary, then the
21    applicant has passed an examination as required by this
22    Act; and
23        (4) The applicant has met any other requirements of
24    this Act.
25    The Department shall prescribe reasonable rules governing
26the recognition of and the credit to be given to the study of

 

 

HB1424- 34 -LRB099 06559 HAF 26632 b

1cosmetology under a cosmetologist registered or licensed under
2the laws of a foreign country or province by an applicant for a
3license as a cosmetologist, and for the recognition of legal
4practice in another jurisdiction towards the education
5required under this Act.
6    (b) Except as otherwise provided in this Act, upon payment
7of the required fee, an applicant who is a cosmetologist or
8cosmetology, esthetics, and nail technology teacher/instructor
9registered or licensed under the laws of another state or
10territory of the United States shall, without examination, be
11granted a license as a licensed cosmetologist or cosmetology,
12esthetics, and nail technology teacher/instructor, whichever
13is applicable, by the Department upon the following conditions:
14        (1) The cosmetologist applicant is at least 16 years of
15    age and the cosmetology, esthetics, and nail technology
16    teacher/instructor applicant is at least 18 years of age;
17    and
18        (2) The applicant submits to the Department
19    satisfactory evidence that the applicant is registered or
20    licensed in another state or territory as a cosmetologist
21    or cosmetology, esthetics, and nail technology
22    teacher/instructor; and
23        (3) The applicant has met any other requirements of
24    this Act.
25(Source: P.A. 98-911, eff. 1-1-15.)
 

 

 

HB1424- 35 -LRB099 06559 HAF 26632 b

1    (225 ILCS 410/3A-3)  (from Ch. 111, par. 1703A-3)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 3A-3. Licensure as an esthetics teacher/instructor;
4qualifications.
5    (a) A person is qualified to receive a license as an
6esthetics teacher/instructor if that person has applied in
7writing on forms supplied by the Department, paid the required
8fees, and:
9        (1) is at least 18 years of age;
10        (2) has graduated from high school or its equivalent;
11        (3) has a current license as a licensed cosmetologist
12    or esthetician;
13        (4) has either: (i) completed a program of 500 hours of
14    teacher/instructor training in a licensed school of
15    cosmetology or a licensed esthetics school and had 2 years
16    of practical experience as a licensed cosmetologist or
17    esthetician within 5 years preceding the examination; or
18    (ii) completed a program of 750 hours of teacher/instructor
19    training in a licensed school of cosmetology approved by
20    the Department to teach esthetics or a licensed esthetics
21    school;
22        (5) has passed an examination authorized by the
23    Department to determine eligibility to receive a license as
24    a licensed cosmetology or esthetics teacher/instructor;
25        (6) (blank); and
26        (7) has met any other requirements as required by this

 

 

HB1424- 36 -LRB099 06559 HAF 26632 b

1    Act.
2    (b) (Blank).
3    (c) An applicant who is issued a license as an esthetics
4teacher is not required to maintain an esthetics license in
5order to practice as an esthetician as defined in this Act.
6(Source: P.A. 98-911, eff. 1-1-15.)
 
7    (225 ILCS 410/3A-5)  (from Ch. 111, par. 1703A-5)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 3A-5. Examination.
10    (a) The Department shall authorize examinations of
11applicants for a license as an esthetician or
12teacher/instructor of esthetics at such times and places as it
13may determine. The Department shall authorize no fewer than 4
14examinations for a license as an esthetician or a
15teacher/instructor of esthetics in a calendar year.
16    If an applicant neglects, fails without an approved excuse,
17or refuses to take the next available examination offered for
18licensure under this Act, the fee paid by the applicant shall
19be forfeited to the Department and the application denied. If
20an applicant fails to pass an examination for licensure under
21this Act within 3 years after filing his or her application,
22the application shall be denied. However, such applicant may
23thereafter make a new application for examination, accompanied
24by the required fee, if he or she meets the requirements in
25effect at the time of reapplication. If an applicant for

 

 

HB1424- 37 -LRB099 06559 HAF 26632 b

1licensure as an esthetician is unsuccessful at 3 examinations
2conducted by the Department, the applicant shall, before taking
3a subsequent examination, furnish evidence of not less than 125
4hours of additional study of esthetics in an approved school of
5cosmetology or esthetics since the applicant last took the
6examination. If an applicant for licensure as an esthetics
7teacher/instructor is unsuccessful at 3 examinations conducted
8by the Department, the applicant shall, before taking a
9subsequent examination, furnish evidence of not less than 80
10hours of additional study in teaching methodology and
11educational psychology in a licensed school of cosmetology or
12esthetics since the applicant last took the examination. An
13applicant who fails to pass a fourth examination shall not
14again be admitted to an examination unless (i) in the case of
15an applicant for licensure as an esthetician, the applicant
16shall again take and complete a program of 750 hours in the
17study of esthetics in a licensed school of cosmetology approved
18to teach esthetics or a school of esthetics, extending over a
19period that commences after the applicant fails to pass the
20fourth examination and that is not less than 18 weeks nor more
21than 4 consecutive years in duration; or (ii) in the case of an
22applicant for a license as an esthetics teacher/instructor, the
23applicant shall again take and complete a program of 750 hours
24of teacher/instructor training in a school of cosmetology
25approved to teach esthetics or a school of esthetics, except
26that if the applicant had 2 years of practical experience as a

 

 

HB1424- 38 -LRB099 06559 HAF 26632 b

1licensed cosmetologist or esthetician within 5 years preceding
2the initial examination taken by the applicant, the applicant
3must again take and complete a program of 500 hours of
4teacher/instructor training in licensed cosmetology or a
5licensed esthetics school.
6    (b) Each applicant shall be given a written examination
7testing both theoretical and practical knowledge which shall
8include, but not be limited to, questions that determine the
9applicant's knowledge, as provided by rule.
10    (c) The examination of applicants for licensure as an
11esthetics teacher/instructor may include:
12        (1) teaching methodology;
13        (2) classroom management; and
14        (3) record keeping and any other subjects that the
15    Department may deem necessary to insure competent
16    performance.
17    (d) This Act does not prohibit the practice of esthetics by
18one who has applied in writing to the Department, in form and
19substance satisfactory to the Department, for a license as an
20esthetician or an esthetics teacher/instructor and has
21complied with all the provisions of this Act in order to
22qualify for a license, except the passing of an examination to
23be eligible to receive such license certificate, until: (i) the
24expiration of 6 months after the filing of such written
25application, or (ii) the decision of the Department that the
26applicant has failed to pass an examination within 6 months or

 

 

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1failed without an approved excuse to take an examination
2conducted within 6 months by the Department, or (iii) the
3withdrawal of the application.
4(Source: P.A. 98-911, eff. 1-1-15.)
 
5    (225 ILCS 410/3A-6)  (from Ch. 111, par. 1703A-6)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 3A-6. Licensure; renewal; continuing education;
8examination; military service. The holder of a license issued
9under this Article may renew such license during the month
10preceding the expiration date thereof by paying the required
11fee, giving evidence the Department may prescribe of completing
12not less than 10 hours for estheticians and spa technicians,
13and not less than 20 hours of continuing education for
14esthetics teachers/instructors, within the 2 years prior to
15renewal. The training shall be in subjects, approved by the
16Department as prescribed by rule upon recommendation of the
17Board.
18    A license that has expired or been placed on inactive
19status may be restored only by payment of the restoration fee
20and submitting evidence satisfactory to the Department of the
21current qualifications and fitness of the licensee including
22the completion of continuing education hours for the period
23following expiration.
24    A license issued under the provisions of this Act that has
25expired while the holder of the license was engaged (1) in

 

 

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1federal service on active duty with the Army of the United
2States, the United States Navy, the Marine Corps, the Air
3Force, the Coast Guard, or any Women's Auxiliary thereof, or
4the State Militia called into the service or training of the
5United States of America, or (2) in training or education under
6the supervision of the United States preliminary to induction
7into the military service, may be reinstated or restored
8without the payment of any lapsed renewal fees, reinstatement
9fee, or restoration fee if within 2 years after the termination
10of such service, training, or education other than by
11dishonorable discharge, the holder furnishes the Department
12with an affidavit to the effect that he or she has been so
13engaged and that his or her service, training, or education has
14been so terminated.
15    The Department, in its discretion, may waive enforcement of
16the continuing education requirement in this Section, and shall
17adopt rules defining the standards and criteria for such
18waiver, under the following circumstances:
19        (1) the licensee resides in a locality where it is
20    demonstrated that the absence of opportunities for such
21    education would interfere with the ability of the licensee
22    to provide service to the public;
23        (2) the licensee's compliance with the continuing
24    education requirements would cause a substantial financial
25    hardship on the licensee;
26        (3) the licensee is serving in the United States Armed

 

 

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1    Forces; or
2        (4) the licensee is incapacitated due to illness.
3(Source: P.A. 98-911, eff. 1-1-15.)
 
4    (225 ILCS 410/3A-7)  (from Ch. 111, par. 1703A-7)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 3A-7. Estheticians or spa technicians licensed
7elsewhere. Upon payment of the required fee, an applicant who
8is an esthetician registered or licensed under the laws of
9another state or territory of the United States or of a foreign
10country or province may, without examination, be granted a
11license as a licensed esthetician by the Department in its
12discretion upon the following conditions:
13    (a) In the case of an esthetician or spa technician
14registered or licensed elsewhere,
15        (1) The applicant is at least 16 years of age; and
16        (2) The requirements for the registration or licensing
17    of estheticians or spa technicians in the particular state,
18    territory, country, or province were at the date of the
19    license substantially equivalent to the requirements then
20    in force in this State.
21    (b) In the case of an esthetics teacher/instructor
22registered or licensed elsewhere,
23        (1) The applicant is at least 18 years of age; and
24        (2) The requirements for the registration or licensing
25    of esthetics teachers/instructors in the particular state,

 

 

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1    territory, country, or province were at the date of the
2    license substantially equivalent to the requirements then
3    in force in this State; or the applicant has established
4    proof of legal practice as an esthetics teacher/instructor
5    in another jurisdiction for at least 3 years.
6    If the Department, in its discretion and in accordance with
7the rules, deems it necessary, an applicant registered or
8licensed under the laws of a foreign country or province may be
9required to pass an examination as required by this Act.
10    An applicant who has been licensed to practice esthetics in
11another state may receive credit of at least 300 hours for each
12year of experience toward the education required under this
13Act.
14(Source: P.A. 98-911, eff. 1-1-15.)
 
15    (225 ILCS 410/3B-2)  (from Ch. 111, par. 1703B-2)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 3B-2. Investigations by Department upon its own motion
18or upon verified complaint; opportunity for corrections. The
19Department may upon its own motion and shall upon the verified
20complaint in writing of any person setting forth facts which if
21proved would constitute grounds for refusal or revocation under
22this Act, investigate the actions of any applicant or any
23person or persons holding or claiming to hold a license.
24    Any student or employee of a school approved by this Act
25who believes he has been aggrieved by a violation of this Act

 

 

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1shall have the right to file a written complaint within one
2year of the alleged violation. The Department shall acknowledge
3receipt of such written complaint, commence an investigation of
4the alleged violation, and forward to the Attorney General and
5any appropriate State's Attorney's office copies of complaints
6as required by Section 3B-3. The Department shall forward a
7copy of the formal complaint and order to the person who filed
8the complaint and to the chief operating officer of the school
9cited in the complaint.
10    However, before proceeding to a hearing on the question of
11whether a license shall be refused or revoked, the Department
12shall may issue a letter granting the school in question 30
13days to correct the deficiency or deficiencies. The letter
14shall enumerate the deficiencies and state the action on the
15part of the school that will remediate the deficiency or
16deficiencies. During the time designated to remedy
17deficiencies the Department may order the school to cease and
18desist from all marketing and student enrollment activities.
19(Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96.)
 
20    (225 ILCS 410/3B-3)  (from Ch. 111, par. 1703B-3)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 3B-3. (a) The following acts or omissions by an owner,
23operator or authorized agent of a school shall constitute
24violations of this Act and unlawful practices pursuant to the
25"Consumer Fraud and Deceptive Business Practices Act", as now

 

 

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1or hereafter amended:
2    1. False or misleading statements, misrepresentations or
3false promises which have the tendency or capacity to influence
4or induce persons to enroll in the course of instruction
5offered by such school.
6    2. Failure or refusal of the school to make the disclosures
7in the enrollment agreement required by this Act; or the making
8of false or inaccurate statements in such disclosures.
9    3. Failure or refusal of the school to refund fees and
10unearned tuition, in accordance with the refund policy
11prescribed by this Act, to any student who cancels his
12enrollment agreement.
13    4. Failure or refusal of the school to employ course
14instructors certified by the Department and to provide the
15equipment, facilities or services necessary to implement the
16course of instruction.
17    (b) Whenever the Attorney General or a state's attorney
18receives a complaint against a school which alleges one or more
19of the violations enumerated in subsection (a), he shall may
20conduct an investigation to determine the validity of such
21complaint and, if a violation or violations are found, may use
22any or all of the remedies, penalties or authority granted to
23him by the "Consumer Fraud and Deceptive Business Practices
24Act" to correct such violations and enforce the provisions of
25this Act. Within 10 business days of receipt, the Department
26shall transmit to the Attorney General and the appropriate

 

 

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1state's attorney copies of complaints filed in its office which
2allege one or more of the violations enumerated in subsection
3(a).
4(Source: P.A. 85-1382.)
 
5    (225 ILCS 410/3B-10)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 3B-10. Requisites for ownership or operation of
8school. No person, firm, or corporation may own, operate, or
9conduct a school of barbering, cosmetology, esthetics, hair
10braiding, or nail technology for the purpose of teaching
11barbering, cosmetology, esthetics, hair braiding, or nail
12technology for compensation unless licensed by the Department.
13A licensed school is a postsecondary educational institution
14authorized by the Department to provide a postsecondary
15education program in compliance with the requirements of this
16Act. An applicant shall apply to the Department on forms
17provided by the Department, pay the required fees, and comply
18with the following requirements:
19        1. The applicant must submit to the Department for
20    approval:
21            a. A floor plan, drawn to a scale specified on the
22        floor plan, showing every detail of the proposed
23        school; and
24            b. A lease commitment or proof of ownership for the
25        location of the proposed school; a lease commitment

 

 

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1        must provide for execution of the lease upon the
2        Department's approval of the school's application and
3        the lease must be for a period of at least one year.
4            c. (Blank).
5        2. An application to own or operate a school shall
6    include the following:
7            a. If the owner is a corporation, a copy of the
8        Articles of Incorporation;
9            b. If the owner is a partnership, a listing of all
10        partners and their current addresses;
11            c. If the applicant is an owner, a completed
12        financial statement showing the owner's ability to
13        operate the school for at least 3 months;
14            d. A copy of the official enrollment agreement or
15        student contract to be used by the school, which shall
16        be consistent with the requirements of this Act and
17        rules;
18            e. A listing of all teachers/instructors who will
19        be in the school's employ, including their
20        teacher/instructor license numbers;
21            f. A copy of the curricula that will be followed;
22            g. The names, addresses, and current status of all
23        schools in which the applicant has previously owned any
24        interest, and a declaration as to whether any of these
25        schools were ever denied accreditation or licensing or
26        lost accreditation or licensing from any governmental

 

 

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1        body or accrediting agency;
2            h. Each application for a certificate of approval
3        shall be signed and certified under oath by the
4        school's chief managing employee and also by its
5        individual owner or owners; if the applicant is a
6        partnership or a corporation, then the application
7        shall be signed and certified under oath by the
8        school's chief managing employee and also by each
9        member of the partnership or each officer of the
10        corporation, as the case may be;
11            i. A copy of the school's official transcript; and
12            j. The required fee.
13        3. Each application for a license to operate a school
14    shall also contain the following commitments:
15            a. To conduct the school in accordance with this
16        Act and the standards, and rules from time to time
17        adopted under this Act and to meet standards and
18        requirements at least as stringent as those required by
19        Part H of the Federal Higher Education Act of 1965.
20            b. To permit the Department to inspect the school
21        or classes thereof from time to time with or without
22        notice; and to make available to the Department, at any
23        time when required to do so, information including
24        financial information pertaining to the activities of
25        the school required for the administration of this Act
26        and the standards and rules adopted under this Act;

 

 

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1            c. To utilize only advertising and solicitation
2        which is free from misrepresentation, deception,
3        fraud, or other misleading or unfair trade practices;
4            d. To screen applicants to the school prior to
5        enrollment pursuant to the requirements of the
6        school's regional or national accrediting agency, if
7        any, and to maintain any and all records of such
8        screening. If the course of instruction is offered in a
9        language other than English, the screening shall also
10        be performed in that language;
11            e. To post in a conspicuous place a statement,
12        developed by the Department, of student's rights
13        provided under this Act.
14        4. The applicant shall establish to the satisfaction of
15    the Department that the owner possesses sufficient liquid
16    assets to meet the prospective expenses of the school for a
17    period of 3 months. In the discretion of the Department,
18    additional proof of financial ability may be required.
19        5. The applicant shall comply with all rules of the
20    Department determining the necessary curriculum and
21    equipment required for the conduct of the school.
22        6. The applicant must demonstrate employment of a
23    sufficient number of qualified teachers who are holders of
24    a current license issued by the Department.
25        7. A final inspection of the barber, cosmetology,
26    esthetics, hair braiding, or nail technology school shall

 

 

HB1424- 49 -LRB099 06559 HAF 26632 b

1    be made by the Department before the school may commence
2    classes.
3        8. A written inspection report must be made by the
4    State Fire Marshal or a local fire authority approving the
5    use of the proposed premises as a barber, cosmetology,
6    esthetics, hair braiding, or nail technology school.
7(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
8    (225 ILCS 410/3B-15)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 3B-15. Grounds for disciplinary action. In addition to
11any other cause herein set forth the Department may refuse to
12issue or renew and may suspend, place on probation, or revoke
13any license to operate a school, or take any other disciplinary
14or non-disciplinary action that the Department may deem proper,
15including the imposition of fines not to exceed $5,000 for each
16violation, for any one or any combination of the following
17causes:
18        (1) Repeated violation of any provision of this Act or
19    any standard or rule established under this Act.
20        (2) Knowingly furnishing false, misleading, or
21    incomplete information to the Department or failure to
22    furnish information requested by the Department.
23        (3) Violation of any commitment made in an application
24    for a license, including failure to maintain standards that
25    are the same as, or substantially equivalent to, those

 

 

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1    represented in the school's applications and advertising.
2        (4) Presenting to prospective students information
3    relating to the school, or to employment opportunities or
4    opportunities for enrollment in institutions of higher
5    learning after entering into or completing courses offered
6    by the school, that is false, misleading, or fraudulent.
7        (5) Failure to provide premises or equipment or to
8    maintain them in a safe and sanitary condition as required
9    by law.
10        (6) Failure to maintain financial resources adequate
11    for the satisfactory conduct of the courses of instruction
12    offered or to retain a sufficient and qualified
13    instructional and administrative staff.
14        (7) Refusal to admit applicants on account of race,
15    color, creed, sex, physical or mental handicap unrelated to
16    ability, religion, or national origin.
17        (8) Paying a commission or valuable consideration to
18    any person for acts or services performed in violation of
19    this Act.
20        (9) Attempting to confer a fraudulent degree, diploma,
21    or certificate upon a student.
22        (10) Failure to correct any deficiency or act of
23    noncompliance under this Act or the standards and rules
24    established under this Act within reasonable time limits
25    set by the Department.
26        (11) Conduct of business or instructional services

 

 

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1    other than at locations approved by the Department.
2        (12) Failure to make all of the disclosures or making
3    inaccurate disclosures to the Department or in the
4    enrollment agreement as required under this Act.
5        (13) Failure to make appropriate refunds as required by
6    this Act.
7        (14) Denial, loss, or withdrawal of accreditation by
8    any accrediting agency.
9        (15) During any calendar year, having a failure rate of
10    25% or greater for those of its students who for the first
11    time take the examination authorized by the Department to
12    determine fitness to receive a license as a barber, barber
13    teacher, cosmetologist, cosmetology teacher/instructor,
14    esthetician, esthetician teacher/instructor, hair braider,
15    hair braiding teacher/instructor, nail technician, or nail
16    technology teacher/instructor, provided that a student who
17    transfers into the school having completed 50% or more of
18    the required program and who takes the examination during
19    that calendar year shall not be counted for purposes of
20    determining the school's failure rate on an examination,
21    without regard to whether that transfer student passes or
22    fails the examination.
23        (16) Failure to maintain a written record indicating
24    the funds received per student and funds paid out per
25    student. Such records shall be maintained for a minimum of
26    7 years and shall be made available to the Department upon

 

 

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1    request. Such records shall identify the funding source and
2    amount for any student who has enrolled as well as any
3    other item set forth by rule.
4        (17) Failure to maintain a copy of the student record
5    as defined by rule.
6(Source: P.A. 98-911, eff. 1-1-15.)
 
7    (225 ILCS 410/3C-1)  (from Ch. 111, par. 1703C-1)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 3C-1. Definitions. "Nail technician" means any person
10who for compensation manicures, pedicures, or decorates nails,
11applies artificial applications by hand or with mechanical or
12electrical apparatus or appliances, or in any way beautifies
13the nails or the skin of the hands or feet including massaging
14the hands, arms, elbows, feet, lower legs, and knees of another
15person for other than the treatment of medical disorders.
16    However, nail technicians are prohibited from using
17techniques, products, and practices intended to affect the
18living layers of the skin. The term nail technician includes
19rendering advice on what is cosmetically appealing, but no
20person licensed under this Act shall render advice on what is
21appropriate medical treatment for diseases of the nails or
22skin.
23    "Nail technician teacher/instructor" means an individual
24licensed by the Department to provide instruction in the theory
25and practice of nail technology to students in an approved nail

 

 

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1technology school.
2(Source: P.A. 98-911, eff. 1-1-15.)
 
3    (225 ILCS 410/3C-2)  (from Ch. 111, par. 1703C-2)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 3C-2. License; qualifications. A person is qualified
6to receive a license as a nail technician if that person
7applies in writing on forms provided by the Department, pays
8the required fee, and:
9        (a) Is at least 16 years of age;
10        (b) Is beyond the age of compulsory school attendance
11    or has a certificate of graduation from a school providing
12    secondary education or the recognized equivalent of that
13    certificate;
14        (c) Has graduated from a school of cosmetology or
15    school of nail technology approved by the Department,
16    having completed a program of 600 350 hours in the study of
17    nail technology extending over a period of not less than 16
18    8 weeks nor more than 2 consecutive years;
19        (d) Has passed an examination authorized by the
20    Department to determine eligibility to receive a license as
21    a nail technician; and
22        (e) Has met any other requirements of this Act.
23    Time spent in the study of nail technology under the laws
24of another state or territory of the United States, or of a
25foreign country or province, shall be credited toward the

 

 

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1period of study required by the provisions of subsection (c).
2(Source: P.A. 94-451, eff. 12-31-05.)
 
3    (225 ILCS 410/3C-3)  (from Ch. 111, par. 1703C-3)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 3C-3. Licensure as a nail technology
6teacher/instructor; qualifications.
7    (a) A person is qualified to receive a license as a nail
8technology teacher/instructor if that person has filed an
9application on forms provided by the Department, paid the
10required fee, and:
11        (1) is at least 18 years of age;
12        (2) has graduated from high school or its equivalent;
13        (3) has a current license as a cosmetologist or nail
14    technician;
15        (4) has either: (1) completed a program of 500 hours of
16    teacher/instructor training in a licensed school of nail
17    technology or cosmetology, and had 2 years of practical
18    experience as a nail technician; or (2) has completed a
19    program of 625 hours of teacher/instructor training in a
20    licensed school of cosmetology approved to teach nail
21    technology or school of nail technology; and
22        (5) who has passed an examination authorized by the
23    Department to determine eligibility to receive a license as
24    a cosmetology, esthetics, and nail technology teacher/
25    instructor or nail technology teacher/instructor.

 

 

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1    (b) An applicant who receives a license as a nail
2technology teacher shall not be required to maintain a license
3as a nail technician.
4(Source: P.A. 98-911, eff. 1-1-15.)
 
5    (225 ILCS 410/3C-7)  (from Ch. 111, par. 1703C-7)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 3C-7. Examinations; failure or refusal to take
8examination. The Department shall authorize examinations of
9applicants for licenses as nail technicians and
10teachers/instructors of nail technology at the times and places
11as it may determine.
12    The Department shall authorize not less than 4 examinations
13for licenses as nail technicians, and nail technology
14teachers/instructors in a calendar year.
15    If an applicant neglects, fails without an approved excuse,
16or refuses to take the next available examination offered for
17licensure under this Act, the fee paid by the applicant shall
18be forfeited to the Department and the application denied. If
19an applicant fails to pass an examination for licensure under
20this Act within 3 years after filing an application, the
21application shall be denied. Nevertheless, the applicant may
22thereafter make a new application for examination, accompanied
23by the required fee, if he or she meets the requirements in
24effect at the time of reapplication. If an applicant for
25licensure as a nail technician or nail technology

 

 

HB1424- 56 -LRB099 06559 HAF 26632 b

1teacher/instructor is unsuccessful at 3 examinations conducted
2by the Department, the applicant shall, before taking a
3subsequent examination, furnish evidence of successfully
4completing (i) for a nail technician, not less than 60 hours of
5additional study of nail technology in a licensed school of
6cosmetology approved to teach nail technology or nail
7technology and (ii) for a nail technology teacher/instructor,
8not less than 80 hours of additional study in teaching
9methodology and educational psychology in an approved school of
10cosmetology or nail technology since the applicant last took
11the examination.
12    An applicant who fails the fourth examination shall not
13again be admitted to an examination unless: (i) in the case of
14an applicant for a license as a nail technician, the applicant
15again takes and completes a total of 600 350 hours in the study
16of nail technology in an approved school of cosmetology or nail
17technology extending over a period that commences after the
18applicant fails to pass the fourth examination and that is not
19less than 8 weeks nor more than 2 consecutive years in
20duration; or (ii) in the case of an applicant for licensure as
21a nail technology teacher/instructor, the applicant again
22takes and completes a program of 625 hours of
23teacher/instructor training in a licensed school of
24cosmetology, or nail technology, except that if the applicant
25had 2 years of practical experience as a licensed nail
26technician within 5 years preceding the initial examination

 

 

HB1424- 57 -LRB099 06559 HAF 26632 b

1taken by the applicant, the applicant must again take and
2complete a program of 500 hours of teacher training in a
3licensed school of cosmetology approved to teach nail
4technology, or a licensed school of nail technology.
5    Each applicant for licensure as a nail technician shall be
6given a written examination testing both theoretical and
7practical knowledge, which shall include, but not be limited
8to, questions that determine the applicant's knowledge of
9product chemistry, sanitary rules, sanitary procedures,
10hazardous chemicals and exposure minimization, this Act, and
11labor and compensation laws.
12    The examination for licensure as a nail technology
13teacher/instructor may include knowledge of the subject
14matter, teaching methodology, classroom management, record
15keeping, and any other subjects that the Department in its
16discretion may deem necessary to insure competent performance.
17    This Act does not prohibit the practice of nail technology
18by a person who has applied in writing to the Department, in
19form and substance satisfactory to the Department, for a
20license as a nail technician, or the teaching of nail
21technology by one who has applied in writing to the Department,
22in form and substance satisfactory to the Department, for a
23license as a nail technology teacher/instructor, if the person
24has complied with all the provisions of this Act in order to
25qualify for a license, except the passing of an examination to
26be eligible to receive a license, until: (a) the expiration of

 

 

HB1424- 58 -LRB099 06559 HAF 26632 b

16 months after the filing of the written application, or (b)
2the decision of the Department that the applicant has failed to
3pass an examination within 6 months or failed without an
4approved excuse to take an examination conducted within 6
5months by the Department, or (c) the withdrawal of the
6application.
7(Source: P.A. 98-911, eff. 1-1-15.)
 
8    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 3C-8. License renewal; expiration; continuing
11education; persons in military service. The holder of a license
12issued under this Article may renew that license during the
13month preceding the expiration date of the license by paying
14the required fee and giving evidence, as the Department may
15prescribe, of completing not less than 10 hours of continuing
16education for a nail technician and 20 hours of continuing
17education for a nail technology teacher/instructor, within the
182 years prior to renewal. The continuing education shall be in
19subjects approved by the Department upon recommendation of the
20Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
21Technology Board relating to the practice of nail technology,
22including, but not limited to, review of sanitary procedures,
23review of chemical service procedures, review of this Act, and
24review of the Workers' Compensation Act. However, at least 10
25of the hours of continuing education required for a nail

 

 

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1technology teacher/instructor shall be in subjects relating to
2teaching methodology, educational psychology, and classroom
3management or in other subjects related to teaching.
4    A license that has been expired or placed on inactive
5status may be restored only by payment of the restoration fee
6and submitting evidence satisfactory to the Department of the
7meeting of current qualifications and fitness of the licensee,
8including the completion of continuing education hours for the
9period subsequent to expiration.
10    A license issued under this Article that has expired while
11the holder of the license was engaged (1) in federal service on
12active duty with the Army of the United States, the United
13States Navy, the Marine Corps, the Air Force, the Coast Guard,
14or any Women's Auxiliary thereof, or the State Militia called
15into the service or training of the United States of America,
16or (2) in training or education under the supervision of the
17United States preliminary to induction into the military
18service, may be reinstated or restored without the payment of
19any lapsed renewal fees, reinstatement fee or restoration fee
20if, within 2 years after the termination of the service,
21training, or education other than by dishonorable discharge,
22the holder furnishes the Department with an affidavit to the
23effect that the certificate holder has been so engaged and that
24the service, training, or education has been so terminated.
25    The Department, in its discretion, may waive enforcement of
26the continuing education requirement in this Section, and shall

 

 

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1adopt rules defining the standards and criteria for such
2waiver, under the following circumstances:
3    (a) the licensee resides in a locality where it is
4demonstrated that the absence of opportunities for such
5education would interfere with the ability of the licensee to
6provide service to the public;
7    (b) the licensee's compliance with the continuing
8education requirements would cause a substantial financial
9hardship on the licensee;
10    (c) the licensee is serving in the United States Armed
11Forces; or
12    (d) the licensee is incapacitated due to illness.
13(Source: P.A. 98-911, eff. 1-1-15.)
 
14    (225 ILCS 410/3C-9)  (from Ch. 111, par. 1703C-9)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 3C-9. Nail technicians or nail technology teachers
17licensed elsewhere. Upon payment of the required fee, an
18applicant who is a nail technician or nail technology teacher
19registered or licensed under the laws of another state or
20territory of the United States or of a foreign country or
21province may be granted a license as a nail technician or nail
22technician teacher by the Department in its discretion upon the
23following conditions:
24    (a) For a nail technologist registered or licensed
25elsewhere:

 

 

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1        (1) the applicant is at least 16 years of age;
2        (1.5) the applicant has passed an examination
3    authorized by the Department to determine eligibility to
4    receive a license as a nail technician; and
5        (2) the requirements for the registration or licensing
6    of nail technicians in the particular state, territory,
7    country or province were, at the date of licensure,
8    substantially equivalent to the requirements then in force
9    in this State. The Department shall prescribe reasonable
10    rules and regulations governing the recognition of and the
11    credit to be given to the study of nail technology under a
12    cosmetologist or nail technician registered or licensed
13    under the laws of another state or territory of the United
14    States or a foreign country or province by an applicant for
15    a license as a nail technician.
16    (b) For a nail technology teacher/instructor licensed or
17registered elsewhere:
18        (1) the applicant is at least 18 years of age;
19        (1.5) the applicant has passed an examination
20    authorized by the Department to determine eligibility to
21    receive a license as a nail technology teacher; and
22        (2) the requirements for the licensing of nail
23    technology teachers/instructors in the other jurisdiction
24    were, at the date of licensure, substantially equivalent to
25    the requirements then in force in this State; or the
26    applicant has established proof of legal practice as a nail

 

 

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1    technology teacher/instructor in another jurisdiction for
2    at least 3 years.
3    The Department shall allow applicants who have been
4licensed to practice nail technology in other states a credit
5of at least 75 hours for each year of experience toward the
6education required under this Act.
7(Source: P.A. 98-911, eff. 1-1-15.)
 
8    (225 ILCS 410/3D-5)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 3D-5. Requisites for ownership or operation of
11cosmetology, esthetics, hair braiding, and nail technology
12salons and barber shops.
13    (a) No person (including those professionals considered
14booth renters or independent contractors), firm, partnership,
15limited liability company, or corporation shall own or operate
16a cosmetology, esthetics, hair braiding, or nail technology
17salon or barber shop or employ, rent space to, or independently
18contract with any licensee under this Act without applying on
19forms provided by the Department for a salon/barber
20shop/braiding salon license for a certificate of registration.
21    (b) The application for a license certificate of
22registration under this Section shall set forth the name,
23address, and telephone number of the proposed cosmetology,
24esthetics, hair braiding, or nail technology salon or barber
25shop; the name, address, and telephone number of the person,

 

 

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1firm, partnership, or corporation that is to own or operate the
2salon or shop; and, if the salon or shop is to be owned or
3operated by an entity other than an individual, the name,
4address, and telephone number of the managing partner or the
5chief executive officer of the corporation or other entity that
6owns or operates the salon or shop.
7    (c) The Department shall be notified by the owner or
8operator of a salon or shop that is moved to a new location. If
9there is a change in the ownership or operation of a salon or
10shop, the new owner or operator shall report that change to the
11Department along with completion of any additional
12requirements set forth by rule.
13    (d) If a person, firm, partnership, limited liability
14company, or corporation owns or operates more than one shop or
15salon, a separate license certificate of registration must be
16obtained for each salon or shop.
17    (e) A license certificate of registration granted under
18this Section may be revoked in accordance with the provisions
19of Article IV and the holder of the license certificate may be
20otherwise disciplined by the Department in accordance with
21rules adopted under this Act.
22    (f) The Department may promulgate rules to establish
23additional requirements for owning or operating a salon or
24shop.
25(Source: P.A. 96-1246, eff. 1-1-11.)
 

 

 

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1    (225 ILCS 410/Art. IIIE heading)
2
ARTICLE IIIE. HAIR BRAIDING AND HAIR BRAIDING
3
TEACHERS /INSTRUCTORS
4(Source: P.A. 96-1246, eff. 1-1-11.)
 
5    (225 ILCS 410/3E-1)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 3E-1. Hair braiding defined. "Hair braiding" means a
8natural form of hair manipulation by braiding, cornrowing,
9extending, lacing, locking, sewing, twisting, weaving, or
10wrapping human hair, natural fibers, synthetic fibers, and hair
11extensions. Such practice can be performed by hand or by using
12simple braiding devices including clips, combs, hairpins,
13scissors, needles and thread. Hair braiding includes what is
14commonly known as "African-style hair braiding" or "natural
15hair care", but is not limited to any particular cultural,
16ethnic, racial, or religious form of hair style. Hair braiding
17includes the making of customized wigs from natural hair,
18natural fibers, synthetic fibers, and hair extensions. Hair
19braiding does not involve the use of penetrating chemical hair
20treatments, chemical hair coloring agents, chemical hair
21straightening agents, chemical smoothing agents, chemical hair
22joining agents, permanent wave styles, or chemical hair
23bleaching agents applied to growing human hair. Hair braiding
24does not include the cutting or growing of human hair, but may
25include the trimming of hair extensions or sewn weave-in

 

 

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1extensions only as applicable to the braiding process.
2(Source: P.A. 96-1246, eff. 1-1-11.)
 
3    (225 ILCS 410/3E-2)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 3E-2. Hair braider licensure; qualifications.
6    (a) A person is qualified to receive a license as a hair
7braider if he or she has filed an application on forms provided
8by the Department, paid the required fees, and meets the
9following qualifications:
10        (1) Is at least 16 years of age;
11        (2) Is beyond the age of compulsory school attendance
12    or has received a certificate of graduation from a school
13    providing secondary education, or the recognized
14    equivalent of that certificate; and
15        (3) Has completed a program consisting of a minimum of
16    300 clock hours or a 10 credit hour equivalency of
17    instruction, as defined by rule, in a licensed cosmetology
18    school teaching a hair braiding curriculum or in a licensed
19    hair braiding school as follows:
20            (A) Basic training consisting of 35 hours of
21        classroom instruction in general theory, practical
22        application, and technical application in the
23        following subject areas: history of hair braiding,
24        personal hygiene and public health, professional
25        ethics, disinfection and sanitation, bacteriology,

 

 

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1        disorders and diseases of the hair and scalp, OSHA
2        standards relating to material safety data sheets
3        (MSDS) on chemicals, hair analysis and scalp care, and
4        technical procedures;
5            (B) Related concepts consisting of 35 hours of
6        classroom instruction in the following subject areas:
7        Braid removal and scalp care; basic styling knowledge;
8        tools and equipment; growth patterns, styles and
9        sectioning; client consultation and face shapes; and
10        client education, pre-care, post-care, home care and
11        follow-up services;
12            (C) Practices and procedures consisting of 200
13        hours of instruction, which shall be a combination of
14        classroom instruction and clinical practical
15        application, in the following subject areas: single
16        braids with and without extensions; cornrows with and
17        without extensions; twists and knots; multiple
18        strands; hair locking; weaving/sewn-in; other
19        procedures as they relate to hair-braiding; and
20        product knowledge as it relates to hair braiding; and
21            (D) Business practices consisting of 30 hours of
22        classroom instruction in the following subject areas:
23        Illinois Barber, Cosmetology, Esthetics, Hair
24        Braiding, and Nail Technology Act of 1985 and Rules;
25        salon management; human relations and salesmanship;
26        and Workers' Compensation Act.

 

 

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1    (b) The expiration date and renewal period for each license
2issued under this Act shall be set by rule.
3    (c) Within 2 years after the effective date of this
4amendatory Act of the 96th General Assembly, the Department may
5issue a hair braider license to any applicant who does not meet
6the requirements of items (2) and (3) of subsection (a) of this
7Section if the applicant: (1) files an application in
8accordance with subsection (a), (2) pays the required fee, (3)
9has not committed an offense that would be grounds for
10discipline under this Act, and (4) is able to demonstrate to
11the Department through tax records or affidavits that he or she
12has practiced hair braiding for at least 2 consecutive years
13immediately prior to the date of his or her application.
14    A hair braider who obtains his or her license under this
15subsection (c) may renew his or her license if he or she
16applies to the Department for renewal and has completed at
17least 65 hours of relevant training in health, safety, hygiene,
18and business management in accordance with the requirements of
19this Section or any rule adopted pursuant to this Section. A
20hair braider who renews his or her license under this
21subsection (c) may thereafter only renew his or her license if
22he or she meets the requirements of Section 3E-5 of this Act.
23(Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
24    (225 ILCS 410/3E-3)
25    (Section scheduled to be repealed on January 1, 2016)

 

 

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1    Sec. 3E-3. Hair braiding teacher/instructor licensure. A
2hair braiding teacher/instructor license shall be made
3available by the Department. The qualifications for a hair
4braiding teacher license shall be provided by rule, and shall
5include at least 600 clock hours or a 20 credit hour
6equivalency in relevant teaching methods and curriculum
7content, or at least 500 clock hours of hair braiding
8teacher/instructor training for an individual who is able to
9establish that he or she has had at least 2 years of practical
10experience.
11(Source: P.A. 96-1246, eff. 1-1-11.)
 
12    (225 ILCS 410/3E-5)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 3E-5. License renewal. To renew a license issued under
15this Article, an individual must produce proof of successful
16completion of 10 hours of continuing education for a hair
17braider license and 20 hours of continuing education for a hair
18braiding teacher/instructor license.
19    A license that has been expired for more than 5 years may
20be restored by payment of the restoration fee and submitting
21evidence satisfactory to the Department of the current
22qualifications and fitness of the licensee, which shall include
23completion of continuing education hours for the period
24subsequent to expiration. The Department may establish
25additional rules for the administration of this Section and

 

 

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1other requirements for the renewal of a hair braider or hair
2braiding teacher/instructor license issued under this Act.
3(Source: P.A. 96-1246, eff. 1-1-11.)
 
4    (225 ILCS 410/Art. IIIF heading new)
5
ARTICLE IIIF. SPA TECHNICIAN

 
6    (225 ILCS 410/3F-1 new)
7    Sec. 3F-1. Definitions. As used in this Article:
8    Spa technology means any one or combination of the
9following practices, when done for cosmetic or beautifying
10purposes and not for the treatment of disease or of a muscular
11or nervous disorder:
12        (1) beautifying, massaging, cleansing, exfoliating, or
13    stimulating the stratum corneum of the epidermis by the use
14    of cosmetic preparations, body treatments, body wraps,
15    hydrotherapy, or any device, electrical, mechanical, or
16    otherwise, for the care of the skin;
17        (2) applying make-up or eyelashes to any person or
18    lightening hair on the body except the scalp;
19        (3) removing superfluous hair from the body of any
20    person; and
21        (4) manicuring, pedicuring, or decorating nails,
22    applying artificial applications by hand or with
23    mechanical or electrical apparatus or appliances, or in any
24    way beautifying the nails or the skin of the hands or feet

 

 

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1    including massaging the hands, arms, elbows, feet, lower
2    legs, and knees of another person for other than the
3    treatment of medical disorders.
4    Spa technology does not include the services provided by a
5cosmetologist, barber stylist, or electrologist. Spa
6technicians are prohibited from using techniques, products,
7and practices intended to affect the living layers of the skin.
8Spa technology includes rendering advice on what is
9cosmetically appealing, but no person licensed under this Act
10shall render advice on what is appropriate medical treatment
11for diseases of the nails or the skin.
12    Spa technician means any person who, with hands or
13mechanical or electrical apparatus or appliances, engages only
14in the use of cosmetic preparations, body treatments, body
15wraps, hydrotherapy, makeups, antiseptics, tonics, lotions,
16creams, or other preparations or in the practice of massaging,
17cleansing, exfoliating the stratum corneum of the epidermis,
18stimulating, manipulating, beautifying, grooming, threading,
19or similar work on the face, neck, arms, hands, or body in a
20superficial mode; and manicures, pedicures, decorates nails,
21or applies artificial applications, or in any way beautifies
22the nails or the skin of the hands or feet, including massaging
23the hands, arms, elbows, feet, lower legs, and knees of another
24person or, and not for the treatment of medical disorders.
 
25    (225 ILCS 410/3F-2 new)

 

 

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1    Sec. 3F-2. Licensure as a spa technician; qualifications. A
2person is qualified to receive a license as a spa technician if
3that person has applied in writing on forms prescribed by the
4Department, has paid the required fees, and:
5    (1) is at least 16 years of age;
6    (2) has a certificate of graduation from a school providing
7secondary education, or the recognized equivalent of such a
8certificate, or persons who are beyond the age of compulsory
9school attendance;
10    (3) has graduated from a school of cosmetology approved by
11the Department, having completed a total of 1,000 hours in the
12study of esthetics and nail technology extending over a period
13of not less than 9 months nor more than 3 years. Time spent in
14such study under the laws of another state or territory of the
15United States or of a foreign country or province shall be
16credited toward the period of study required by the provisions
17of this paragraph (3);
18    (4) has passed an examination caused to be conducted by the
19Department or its designated testing service to determine
20fitness to receive a license as a barber; and
21    (5) has met all other requirements of this Act.
 
22    (225 ILCS 410/4-1)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 4-1. Powers and duties of Department. The Department
25shall exercise, subject to the provisions of this Act, the

 

 

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1following functions, powers and duties:
2        (1) To cause to be conducted examinations to ascertain
3    the qualifications and fitness of applicants for licensure
4    as cosmetologists, estheticians, nail technicians, hair
5    braiders, or barbers, barber stylists, or spa technicians
6    and as cosmetology, esthetics, nail technology, hair
7    braiding, or barber teachers/instructors.
8        (2) To determine the qualifications for licensure as
9    (i) a cosmetologist, esthetician, nail technician, hair
10    braider, or barber, barber stylist, or spa technician or
11    (ii) a cosmetology, esthetics, nail technology, hair
12    braiding, or barber teacher/instructor , or (iii) a
13    cosmetology clinic teacher for persons currently holding
14    similar licenses outside the State of Illinois or the
15    continental U.S.
16        (3) To prescribe rules for:
17            (i) The method of examination of candidates for
18        licensure as a cosmetologist, esthetician, nail
19        technician, hair braider, or barber, barber stylist,
20        or spa technician or cosmetology, esthetics, nail
21        technology, hair braiding, or barber
22        teacher/instructor.
23            (ii) Minimum standards as to what constitutes an
24        approved cosmetology, esthetics, nail technology, hair
25        braiding, or barber school.
26        (4) To conduct investigations or hearings on

 

 

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1    proceedings to determine disciplinary action.
2        (5) To prescribe reasonable rules governing the
3    sanitary regulation and inspection of cosmetology,
4    esthetics, nail technology, hair braiding, or barber
5    schools, salons, or shops.
6        (6) To prescribe reasonable rules for the method of
7    renewal for each license as a cosmetologist, esthetician,
8    nail technician, hair braider, or barber, barber stylist,
9    or spa technician or cosmetology, esthetics, nail
10    technology, hair braiding, or barber teacher/instructor or
11    cosmetology clinic teacher.
12        (7) To prescribe reasonable rules for the method of
13    licensure registration, the issuance, fees, renewal and
14    discipline of a license certificate of registration for the
15    ownership or operation of cosmetology, esthetics, hair
16    braiding, and nail technology salons and barber shops.
17        (8) (Blank). To adopt rules concerning sanitation
18    requirements, requirements for education on sanitation,
19    and any other health concerns associated with threading.
20(Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15.)
 
21    (225 ILCS 410/4-2)  (from Ch. 111, par. 1704-2)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair
24Braiding, and Nail Technology Board. There is established
25within the Department the Barber, Cosmetology, Esthetics, Hair

 

 

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1Braiding, and Nail Technology Board, composed of 11 persons,
2which shall serve in an advisory capacity to the Secretary in
3all matters related to the practice of barbering, cosmetology,
4esthetics, hair braiding, and nail technology.
5    The 11 members of the Board shall be appointed as follows:
66 licensed cosmetologists, all of whom hold a current license
7as a cosmetologist, barber stylist, or cosmetology esthetics,
8and nail technology, teacher/instructor and, for appointments
9made after the effective date of this amendatory Act of 1996,
10at least 2 of whom shall be an owner of or a major stockholder
11in a school of cosmetology, 2 of whom shall be representatives
12of either a franchiser or an owner operating salons in 2 or
13more locations within the State, one of whom shall be an
14independent salon owner, and no one of the cosmetologist
15members shall be a manufacturer, jobber, or stockholder in a
16factory of cosmetology articles or an immediate family member
17of any of the above; one of whom shall be a barber holding a
18current license; one member who shall be a licensed
19esthetician, licensed spa technician, or esthetics
20teacher/instructor; one member who shall be a licensed nail
21technician or nail technology teacher/instructor; one member
22who shall be a licensed hair braider or hair braiding
23teacher/instructor; and one public member who holds no licenses
24issued by the Department. The Secretary shall give due
25consideration for membership to recommendations by members of
26the professions and by their professional organizations.

 

 

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1Members shall serve 4 year terms and until their successors are
2appointed and qualified. No member shall be reappointed to the
3Board for more than 2 terms. Appointments to fill vacancies
4shall be made in the same manner as original appointments for
5the unexpired portion of the vacated term. Members of the Board
6in office on the effective date of this amendatory Act of 1996
7shall continue to serve for the duration of the terms to which
8they have been appointed, but beginning on that effective date
9all appointments of licensed professionals cosmetologists and
10barbers to serve as members of the Board shall be made in a
11manner that will effect at the earliest possible date the
12changes made by this amendatory Act of 1996 in the
13representative composition of the Board.
14    For the initial appointment of a member who shall be a hair
15braider or hair braiding teacher to the Board, such individual
16shall not be required to possess a license at the time of
17appointment, but shall have at least 5 years active practice in
18the field of hair braiding and shall obtain a license as a hair
19braider or a hair braiding teacher within 18 months after
20appointment to the Board.
21    Six members of the Board shall constitute a quorum. A
22majority is required for Board decisions.
23    Whenever the Secretary is satisfied that substantial
24justice has not been done in an examination, the Secretary may
25order a reexamination by the same or other examiners.
26(Source: P.A. 96-1246, eff. 1-1-11.)
 

 

 

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1    (225 ILCS 410/4-4)  (from Ch. 111, par. 1704-4)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 4-4. Issuance of license. Whenever the provisions of
4this Act have been complied with, the Department shall issue a
5license as a cosmetologist, esthetician, nail technician, hair
6braider, or barber, barber stylist, or spa technician a license
7as a cosmetology, esthetics, nail technology, hair braiding, or
8barber teacher/instructor , or a license as a cosmetology clinic
9teacher as the case may be.
10(Source: P.A. 98-911, eff. 1-1-15.)
 
11    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 4-7. Refusal, suspension and revocation of licenses;
14causes; disciplinary action.
15    (1) The Department may refuse to issue or renew, and may
16suspend, revoke, place on probation, reprimand or take any
17other disciplinary or non-disciplinary action as the
18Department may deem proper, including civil penalties not to
19exceed $500 for each violation, with regard to any license for
20any one, or any combination, of the following causes:
21        a. Conviction of any crime under the laws of the United
22    States or any state or territory thereof that is (i) a
23    felony, (ii) a misdemeanor, an essential element of which
24    is dishonesty, or (iii) a crime which is related to the

 

 

HB1424- 77 -LRB099 06559 HAF 26632 b

1    practice of the profession.
2        b. Conviction of any of the violations listed in
3    Section 4-20.
4        c. Material misstatement in furnishing information to
5    the Department.
6        d. Making any misrepresentation for the purpose of
7    obtaining a license or violating any provision of this Act
8    or its rules.
9        e. Aiding or assisting another person in violating any
10    provision of this Act or its rules.
11        f. Failing, within 60 days, to provide information in
12    response to a written request made by the Department.
13        g. Discipline by another state, territory, or country
14    if at least one of the grounds for the discipline is the
15    same as or substantially equivalent to those set forth in
16    this Act.
17        h. Practice in the barber, nail technology, esthetics,
18    hair braiding, or cosmetology profession, or an attempt to
19    practice in those professions, by fraudulent
20    misrepresentation.
21        i. Gross malpractice or gross incompetency.
22        j. Continued practice by a person knowingly having an
23    infectious or contagious disease.
24        k. Solicitation of professional services by using
25    false or misleading advertising.
26        l. A finding by the Department that the licensee, after

 

 

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1    having his or her license placed on probationary status,
2    has violated the terms of probation.
3        m. Directly or indirectly giving to or receiving from
4    any person, firm, corporation, partnership or association
5    any fee, commission, rebate, or other form of compensation
6    for any professional services not actually or personally
7    rendered.
8        n. Violating any of the provisions of this Act or rules
9    adopted pursuant to this Act.
10        o. Willfully making or filing false records or reports
11    relating to a licensee's practice, including but not
12    limited to, false records filed with State agencies or
13    departments.
14        p. Habitual or excessive use addiction to alcohol,
15    narcotics, stimulants, or any other chemical agent or drug
16    that results in the inability to practice with reasonable
17    judgment, skill or safety.
18        q. Engaging in dishonorable, unethical or
19    unprofessional conduct of a character likely to deceive,
20    defraud, or harm the public as may be defined by rules of
21    the Department, or violating the rules of professional
22    conduct which may be adopted by the Department.
23        r. Permitting any person to use for any unlawful or
24    fraudulent purpose one's diploma or license or certificate
25    of registration as a cosmetologist, nail technician,
26    esthetician, hair braider, or barber, barber stylist, or

 

 

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1    spa technician or cosmetology, nail technology, esthetics,
2    hair braiding, or barber teacher/instructor or salon or
3    shop or cosmetology clinic teacher.
4        s. Being named as a perpetrator in an indicated report
5    by the Department of Children and Family Services under the
6    Abused and Neglected Child Reporting Act and upon proof by
7    clear and convincing evidence that the licensee has caused
8    a child to be an abused child or neglected child as defined
9    in the Abused and Neglected Child Reporting Act.
10    (2) In rendering an order, the Secretary shall take into
11consideration the facts and circumstances involving the type of
12acts or omissions in paragraph (1) of this Section including,
13but not limited to:
14        (a) the extent to which public confidence in the
15    cosmetology, nail technology, esthetics, hair braiding, or
16    barbering profession was, might have been, or may be,
17    injured;
18        (b) the degree of trust and dependence among the
19    involved parties;
20        (c) the character and degree of harm which did result
21    or might have resulted;
22        (d) the intent or mental state of the licensee at the
23    time of the acts or omissions.
24    (3) The Department shall reissue the license or
25registration upon certification by the Board that the
26disciplined licensee or registrant has complied with all of the

 

 

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1terms and conditions set forth in the final order or has been
2sufficiently rehabilitated to warrant the public trust.
3    (4) The Department shall refuse to issue or renew or
4suspend without hearing the license or certificate of
5registration of any person who fails to file a return, or to
6pay the tax, penalty or interest shown in a filed return, or to
7pay any final assessment of tax, penalty or interest, as
8required by any tax Act administered by the Illinois Department
9of Revenue, until such time as the requirements of any such tax
10Act are satisfied as determined by the Department of Revenue.
11    (5) The Department shall deny without hearing any
12application for a license or renewal of a license under this
13Act by a person who has defaulted on an educational loan
14guaranteed by the Illinois Student Assistance Commission;
15however, the Department may issue or renew a license if the
16person in default has established a satisfactory repayment
17record as determined by the Illinois Student Assistance
18Commission.
19    (6) All fines imposed under this Section shall be paid
20within 60 days after the effective date of the order imposing
21the fine or in accordance with the terms set forth in the order
22imposing the fine.
23(Source: P.A. 98-911, eff. 1-1-15.)
 
24    (225 ILCS 410/4-9)  (from Ch. 111, par. 1704-9)
25    (Section scheduled to be repealed on January 1, 2016)

 

 

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1    Sec. 4-9. Practice without a license or after suspension or
2revocation thereof.
3    (a) If any person violates the provisions of this Act, the
4Secretary may, in the name of the People of the State of
5Illinois, through the Attorney General of the State of
6Illinois, petition, for an order enjoining such violation or
7for an order enforcing compliance with this Act. Upon the
8filing of a verified petition in such court, the court may
9issue a temporary restraining order, without notice or bond,
10and may preliminarily and permanently enjoin such violation,
11and if it is established that such person has violated or is
12violating the injunction, the Court may punish the offender for
13contempt of court. Proceedings under this Section shall be in
14addition to, and not in lieu of, all other remedies and
15penalties provided by this Act.
16    (b) If any person shall practice as a barber,
17cosmetologist, nail technician, hair braider, or esthetician,
18barber stylist, or spa technician or teacher thereof or
19cosmetology clinic teacher or hold himself or herself out as
20such without being licensed under the provisions of this Act,
21any licensee, any interested party, or any person injured
22thereby may, in addition to the Secretary, petition for relief
23as provided in subsection (a) of this Section.
24    (c) Whenever in the opinion of the Department any person
25violates any provision of this Act, the Department may issue a
26rule to show cause why an order to cease and desist should not

 

 

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1be entered against him. The rule shall clearly set forth the
2grounds relied upon by the Department and shall provide a
3period of 7 days from the date of the rule to file an answer to
4the satisfaction of the Department. Failure to answer to the
5satisfaction of the Department shall cause an order to cease
6and desist to be issued immediately.
7(Source: P.A. 98-911, eff. 1-1-15.)
 
8    (225 ILCS 410/4-19)  (from Ch. 111, par. 1704-19)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 4-19. Emergency suspension. The Secretary may
11temporarily suspend the license of a barber, cosmetologist,
12nail technician, hair braider, esthetician, barber stylist, or
13spa technician or teacher/instructor thereof or of a
14cosmetology clinic teacher without a hearing, simultaneously
15with the institution of proceedings for a hearing provided for
16in Section 4-10 of this Act, if the Secretary finds that
17evidence in his possession indicates that the licensee's
18continuation in practice would constitute an imminent danger to
19the public. In the event that the Secretary suspends,
20temporarily, this license without a hearing, a hearing must be
21commenced within 30 days after such suspension has occurred.
22(Source: P.A. 98-911, eff. 1-1-15.)
 
23    (225 ILCS 410/4-20)  (from Ch. 111, par. 1704-20)
24    (Section scheduled to be repealed on January 1, 2016)

 

 

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1    Sec. 4-20. Violations; penalties. Whoever violates any of
2the following shall, for the first offense, be guilty of a
3Class B misdemeanor; for the second offense, shall be guilty of
4a Class A misdemeanor; and for all subsequent offenses, shall
5be guilty of a Class 4 felony and be fined not less than $1,000
6or more than $5,000.
7    (1) The practice of cosmetology, nail technology,
8esthetics, hair braiding, or barbering or an attempt to
9practice cosmetology, nail technology, esthetics, hair
10braiding, or barbering without a license as a cosmetologist,
11nail technician, esthetician, hair braider, or barber, barber
12stylist, or spa technician; or the practice or attempt to
13practice as a cosmetology, nail technology, esthetics, hair
14braiding, or barber teacher/instructor without a license as a
15cosmetology, nail technology, esthetics, hair braiding, or
16barber teacher/instructor ; or the practice or attempt to
17practice as a cosmetology clinic teacher without a proper
18license.
19    (2) The obtaining of or an attempt to obtain a license or
20money or any other thing of value by fraudulent
21misrepresentation.
22    (3) Practice in the barber, nail technology, cosmetology,
23hair braiding, or esthetic profession, or an attempt to
24practice in those professions, by fraudulent
25misrepresentation.
26    (4) Wilfully making any false oath or affirmation whenever

 

 

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1an oath or affirmation is required by this Act.
2    (5) The violation of any of the provisions of this Act.
3(Source: P.A. 98-911, eff. 1-1-15.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.26
4    5 ILCS 80/4.36 new
5    225 ILCS 410/1-4
6    225 ILCS 410/1-7from Ch. 111, par. 1701-7
7    225 ILCS 410/1-10from Ch. 111, par. 1701-10
8    225 ILCS 410/1-11from Ch. 111, par. 1701-11
9    225 ILCS 410/2-4from Ch. 111, par. 1702-4
10    225 ILCS 410/2-4afrom Ch. 111, par. 1702-4a
11    225 ILCS 410/2-7from Ch. 111, par. 1702-7
12    225 ILCS 410/2A-7
13    225 ILCS 410/Art. IIB
14    heading new
15    225 ILCS 410/2B-1 new
16    225 ILCS 410/2B-2 new
17    225 ILCS 410/3-1from Ch. 111, par. 1703-1
18    225 ILCS 410/3-4from Ch. 111, par. 1703-4
19    225 ILCS 410/3-6from Ch. 111, par. 1703-6
20    225 ILCS 410/3-7from Ch. 111, par. 1703-7
21    225 ILCS 410/3-7.1from Ch. 111, par. 1703-7.1
22    225 ILCS 410/3-8from Ch. 111, par. 1703-8
23    225 ILCS 410/3A-3from Ch. 111, par. 1703A-3
24    225 ILCS 410/3A-5from Ch. 111, par. 1703A-5
25    225 ILCS 410/3A-6from Ch. 111, par. 1703A-6

 

 

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1    225 ILCS 410/3A-7from Ch. 111, par. 1703A-7
2    225 ILCS 410/3B-2from Ch. 111, par. 1703B-2
3    225 ILCS 410/3B-3from Ch. 111, par. 1703B-3
4    225 ILCS 410/3B-10
5    225 ILCS 410/3B-15
6    225 ILCS 410/3C-1from Ch. 111, par. 1703C-1
7    225 ILCS 410/3C-2from Ch. 111, par. 1703C-2
8    225 ILCS 410/3C-3from Ch. 111, par. 1703C-3
9    225 ILCS 410/3C-7from Ch. 111, par. 1703C-7
10    225 ILCS 410/3C-8from Ch. 111, par. 1703C-8
11    225 ILCS 410/3C-9from Ch. 111, par. 1703C-9
12    225 ILCS 410/3D-5
13    225 ILCS 410/Art. IIIE
14    heading
15    225 ILCS 410/3E-1
16    225 ILCS 410/3E-2
17    225 ILCS 410/3E-3
18    225 ILCS 410/3E-5
19    225 ILCS 410/Art. IIIF
20    heading new
21    225 ILCS 410/3F-1 new
22    225 ILCS 410/3F-2 new
23    225 ILCS 410/4-1
24    225 ILCS 410/4-2from Ch. 111, par. 1704-2
25    225 ILCS 410/4-4from Ch. 111, par. 1704-4
26    225 ILCS 410/4-7from Ch. 111, par. 1704-7

 

 

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1    225 ILCS 410/4-9from Ch. 111, par. 1704-9
2    225 ILCS 410/4-19from Ch. 111, par. 1704-19
3    225 ILCS 410/4-20from Ch. 111, par. 1704-20