Rep. Frances Ann Hurley

Filed: 9/1/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4264

2    AMENDMENT NO. ______. Amend House Bill 4264 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by adding
6Section 1-13 and by changing Sections 3-7, 3A-6, 3C-8, and 3E-5
7as follows:
 
8    (225 ILCS 410/1-13 new)
9    Sec. 1-13. Liability; domestic violence and sexual
10assault. A person licensed under this Act who is required to
11undergo domestic violence and sexual assault awareness
12education as a part of his or her continuing education shall
13not be civilly or criminally liable for acting or failing to
14act on information obtained during the course of employment
15concerning potential domestic violence or sexual assault.
 

 

 

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1    (225 ILCS 410/3-7)  (from Ch. 111, par. 1703-7)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 3-7. Licensure; renewal; continuing education. The
4holder of a license issued under this Article III may renew
5that license during the month preceding the expiration date
6thereof by paying the required fee, giving such evidence as the
7Department may prescribe of completing not less than 14 hours
8of continuing education for a cosmetologist, and 24 hours of
9continuing education for a cosmetology teacher or cosmetology
10clinic teacher, within the 2 years prior to renewal. The
11training shall be in subjects approved by the Department as
12prescribed by rule upon recommendation of the Board and may
13include online instruction. The continuing education for the
14first renewal of a cosmetologist's license after the effective
15date of this amendatory Act of the 99th General Assembly shall
16include both domestic violence and sexual assault awareness
17education as determined by rule of the Department. For every
18subsequent renewal of a cosmetologist's license, the domestic
19violence and sexual assault awareness education shall be an
20optional course to help fulfill the continuing education
21requirements.
22    The Department shall establish by rule a means for the
23verification of completion of the continuing education
24required by this Section. This verification may be accomplished
25through audits of records maintained by registrants, by
26requiring the filing of continuing education certificates with

 

 

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1the Department, or by other means established by the
2Department.
3    The Department, in its discretion, may waive enforcement of
4the continuing education requirement in this Section,
5including the domestic violence and sexual assault awareness
6education requirement, and shall adopt rules defining the
7standards and criteria for that waiver under the following
8circumstances:
9        (a) the licensee resides in a locality where it is
10    demonstrated that the absence of opportunities for such
11    education would interfere with the ability of the licensee
12    to provide service to the public;
13        (b) that to comply with the continuing education
14    requirements would cause a substantial financial hardship
15    on the licensee;
16        (c) that the licensee is serving in the United States
17    Armed Forces; or
18        (d) that the licensee is incapacitated due to illness.
19(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
20    (225 ILCS 410/3A-6)  (from Ch. 111, par. 1703A-6)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 3A-6. Licensure; renewal; continuing education;
23examination; military service. The holder of a license issued
24under this Article may renew such license during the month
25preceding the expiration date thereof by paying the required

 

 

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1fee, giving evidence the Department may prescribe of completing
2not less than 10 hours for estheticians, and not less than 20
3hours of continuing education for esthetics teachers, within
4the 2 years prior to renewal. The training shall be in
5subjects, approved by the Department as prescribed by rule upon
6recommendation of the Board. The continuing education for the
7first renewal of an esthetician's license after the effective
8date of this amendatory Act of the 99th General Assembly shall
9include both domestic violence and sexual assault awareness
10education as determined by rule of the Department. For every
11subsequent renewal of an esthetician's license, the domestic
12violence and sexual assault awareness education shall be an
13optional course to help fulfill the continuing education
14requirements.
15    The Department, in its discretion, may waive enforcement of
16the continuing education requirement in this Section,
17including the domestic violence and sexual assault awareness
18education requirement, and shall adopt rules defining the
19standards and criteria for such waiver, under the following
20circumstances:
21        (1) the licensee resides in a locality where it is
22    demonstrated that the absence of opportunities for such
23    education would interfere with the ability of the licensee
24    to provide service to the public;
25        (2) the licensee's compliance with the continuing
26    education requirements would cause a substantial financial

 

 

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1    hardship on the licensee;
2        (3) the licensee is serving in the United States Armed
3    Forces; or
4        (4) the licensee is incapacitated due to illness.
5(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
6    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 3C-8. License renewal; expiration; continuing
9education; persons in military service. The holder of a license
10issued under this Article may renew that license during the
11month preceding the expiration date of the license by paying
12the required fee and giving evidence, as the Department may
13prescribe, of completing not less than 10 hours of continuing
14education for a nail technician and 20 hours of continuing
15education for a nail technology teacher, within the 2 years
16prior to renewal. The continuing education shall be in subjects
17approved by the Department upon recommendation of the Barber,
18Cosmetology, Esthetics, Hair Braiding, and Nail Technology
19Board relating to the practice of nail technology, including,
20but not limited to, review of sanitary procedures, review of
21chemical service procedures, review of this Act, and review of
22the Workers' Compensation Act. However, at least 10 of the
23hours of continuing education required for a nail technology
24teacher shall be in subjects relating to teaching methodology,
25educational psychology, and classroom management or in other

 

 

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1subjects related to teaching. The continuing education for the
2first renewal of a nail technician's license after the
3effective date of this amendatory Act of the 99th General
4Assembly shall include both domestic violence and sexual
5assault awareness education as determined by rule of the
6Department. For every subsequent renewal of a nail technician's
7license, the domestic violence and sexual assault awareness
8education shall be an optional course to help fulfill the
9continuing education requirements.
10    The Department, in its discretion, may waive enforcement of
11the continuing education requirement in this Section,
12including the domestic violence and sexual assault awareness
13education requirement, and shall adopt rules defining the
14standards and criteria for such waiver, under the following
15circumstances:
16        (a) the licensee resides in a locality where it is
17    demonstrated that the absence of opportunities for such
18    education would interfere with the ability of the licensee
19    to provide service to the public;
20        (b) the licensee's compliance with the continuing
21    education requirements would cause a substantial financial
22    hardship on the licensee;
23        (c) the licensee is serving in the United States Armed
24    Forces; or
25        (d) the licensee is incapacitated due to illness.
26(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 

 

 

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1    (225 ILCS 410/3E-5)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 3E-5. License renewal. To renew a license issued under
4this Article, an individual must produce proof of successful
5completion of 10 hours of continuing education for a hair
6braider license and 20 hours of continuing education for a hair
7braiding teacher license. The continuing education for the
8first renewal of a hair braider's license after the effective
9date of this amendatory Act of the 99th General Assembly shall
10include both domestic violence and sexual assault awareness
11education as determined by rule of the Department. For every
12subsequent renewal of a hair braider's license, the domestic
13violence and sexual assault awareness education shall be an
14optional course to help fulfill the continuing education
15requirements.
16(Source: P.A. 99-427, eff. 8-21-15.)".