Full Text of HB0866 94th General Assembly
HB0866 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0866
Introduced 2/2/2005, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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Amends the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985. Changes all references to the Barber, Cosmetology, Esthetics, and Nail Technology Committee to the Barber, Cosmetology, Esthetics, and Nail Technology Board. Removes licensed barbers and barber teachers from those persons allowed to hold themselves out as estheticians or esthetics teachers and engage in the practice of esthetics without being licensed as estheticians or esthetics teachers. Adds performing certain services upon the cranial prosthesis or cranial prosthetic attachment of any person to the definition of barbering and cosmetology. Sets forth qualifications for the licensure of barber clinic teachers. Prohibits cosmetologists, estheticians, and nail technicians from using any technique, product, or practice intended to affect the living layers of the skin (now, prohibits them from performing any procedure that may puncture or abrade the skin below the stratum corneum of the epidermis or remove closed milia which may draw blood or serous body fluid). Provides that in order for a person to be qualified to receive a license as a cosmetologist or nail technician, that person must be beyond the age of compulsory school attendance or have a certificate of graduation from a school providing secondary education or the recognized equivalent of that certificate (now, he or she must have graduated from an eighth grade elementary school). Provides that in order for a person to be qualified to receive a license as a cosmetology clinic teacher, esthetics clinic teacher, or nail technology clinic teacher that person must have (i) completed a clinic teacher program of a certain number of hours or (ii) within 5 years preceding the required examination, have a minimum of 2 years of practical experience working at least 30 full-time hours per week as a licensed member of the profession (now, requires the person to do both). Raises continuing education program sponsor application fees. Repeals Sections concerning pre-existing nail technology and nail technology teacher practitioners. Makes other changes.
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A BILL FOR
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HB0866 |
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LRB094 06221 RAS 36291 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Barber, Cosmetology, Esthetics, and Nail
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| Technology Act of 1985 is amended by changing Sections 1-4, | 6 |
| 1-7, 2-1, 2-7, 2A-7, 3-1, 3-2, 3-4, 3-6, 3-7, 3A-1, 3A-3, 3A-5, | 7 |
| 3B-10, 3B-11, 3B-13, 3B-15, 3C-1, 3C-2, 3C-3, 3D-5, 4-1, 4-1.5, | 8 |
| and 4-2 and by adding Section 2-4b as follows:
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| (225 ILCS 410/1-4) (from Ch. 111, par. 1701-4)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 1-4. Definitions. In this Act the following words | 12 |
| shall have the
following meanings:
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| "Board" means the Barber, Cosmetology, Esthetics, and Nail | 14 |
| Technology Board.
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| "Department" means the Department of Professional | 16 |
| Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Committee" means the Barber, Cosmetology, Esthetics,
and | 19 |
| Nail Technology Committee.
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| "Licensed barber" means an individual licensed by the | 21 |
| Department
to practice barbering and esthetics as defined in | 22 |
| this Act and whose
license is in good standing.
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| "Licensed cosmetologist" means an individual licensed by | 24 |
| the
Department to practice cosmetology, nail technology, and | 25 |
| esthetics as
defined in this Act and whose license is in good | 26 |
| standing.
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| "Licensed esthetician" means an individual
licensed by the
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| Department to practice esthetics as defined in this Act and | 29 |
| whose
license is in good standing.
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| "Licensed nail technician" means any individual
licensed | 31 |
| by
the Department to practice nail technology as defined in | 32 |
| this Act and whose
license is in good standing.
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HB0866 |
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LRB094 06221 RAS 36291 b |
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| "Licensed barber teacher" means an individual
licensed
by | 2 |
| the Department to practice barbering and esthetics as defined | 3 |
| in this Act
and to provide instruction in the theory and | 4 |
| practice of barbering and
esthetics to students in an approved | 5 |
| barber school or esthetics school.
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| "Licensed cosmetology teacher" means an individual
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| licensed by the Department to practice cosmetology,
esthetics, | 8 |
| and nail technology as defined in this Act
and to provide | 9 |
| instruction in the theory and
practice of cosmetology, | 10 |
| esthetics, and nail technology to
students in an approved | 11 |
| cosmetology, esthetics, or nail technology school.
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| "Licensed cosmetology clinic teacher" means an individual | 13 |
| licensed by the
Department to practice cosmetology, esthetics, | 14 |
| and nail technology as defined
in this Act and to provide | 15 |
| clinical instruction in the practice of cosmetology,
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| esthetics, and nail technology in an approved school of | 17 |
| cosmetology, esthetics,
or nail technology.
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| "Licensed esthetics teacher" means an individual
licensed | 19 |
| by
the Department to practice esthetics as defined in this Act | 20 |
| and to provide
instruction in the theory and practice of | 21 |
| esthetics
to students in an approved cosmetology or esthetics | 22 |
| school.
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| "Licensed esthetics clinic teacher" means an individual | 24 |
| licensed by the
Department to practice esthetics as defined in | 25 |
| this Act and to provide clinical
instruction in the practice of | 26 |
| esthetics in an approved school of cosmetology
or an approved | 27 |
| school of esthetics.
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| "Licensed nail technology teacher" means an individual
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| licensed by the Department to practice nail technology and
to | 30 |
| provide instruction in the theory and
practice of nail | 31 |
| technology to students in an approved nail technology school
or | 32 |
| cosmetology school.
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| "Licensed nail technology clinic teacher" means an | 34 |
| individual licensed by
the Department to practice nail | 35 |
| technology as defined in this Act and to
provide clinical | 36 |
| instruction in the practice of nail technology in an approved
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HB0866 |
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LRB094 06221 RAS 36291 b |
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| school of cosmetology or an approved school of nail technology.
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| "Enrollment" is the date upon which the student signs an
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| enrollment agreement or student contract.
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| "Enrollment agreement" or "student contract" is any | 5 |
| agreement,
instrument, or contract however named, which | 6 |
| creates or evidences an
obligation binding a student to | 7 |
| purchase a course of instruction from a school.
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| "Enrollment time" means the maximum number of hours a | 9 |
| student
could have attended class, whether or not the student | 10 |
| did in fact attend
all those hours.
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| "Elapsed enrollment time" means the enrollment time | 12 |
| elapsed between
the actual starting date and the date of the | 13 |
| student's last day of physical
attendance in the school.
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| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
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| (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 1-7. Licensure required ; renewal .
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| (a) It is unlawful for any person to practice, or to hold | 19 |
| himself or
herself out to be a cosmetologist, esthetician, nail | 20 |
| technician, or
barber without a license as a cosmetologist,
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| esthetician, nail technician, or barber issued by the | 22 |
| Department of
Professional Regulation pursuant to the | 23 |
| provisions of this Act and of the
Civil Administrative Code of | 24 |
| Illinois. It is also unlawful for any person,
firm, | 25 |
| partnership, or corporation to own, operate, or conduct a
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| cosmetology, esthetics, nail technology, or barber school
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| without a license
issued by the Department or to own or operate | 28 |
| a cosmetology, esthetics, or nail
technology salon or barber | 29 |
| shop without a certificate of registration issued
by the | 30 |
| Department. It is further unlawful for any person to teach in | 31 |
| any
cosmetology, esthetics, nail technology, or barber college | 32 |
| or school
approved by the Department or hold himself or herself | 33 |
| out as a cosmetology,
esthetics, nail technology, or barber | 34 |
| teacher without a license as a teacher,
issued by the | 35 |
| Department
or as a cosmetology, esthetics,
or nail technology |
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HB0866 |
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LRB094 06221 RAS 36291 b |
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| clinic teacher without a license as a clinic teacher issued
by | 2 |
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Department.
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| (b) Notwithstanding any other provision of this Act, a | 4 |
| person licensed as a
cosmetologist or barber may hold himself | 5 |
| or herself out as
an esthetician and may engage in the practice | 6 |
| of esthetics, as defined in this
Act, without being licensed as | 7 |
| an esthetician. A person
licensed as a cosmetology teacher or | 8 |
| barber teacher may
teach esthetics or hold himself or herself | 9 |
| out as an esthetics teacher without
being licensed as an | 10 |
| esthetics teacher. A person
licensed as a cosmetologist may | 11 |
| hold himself or herself out
as a nail technician and may engage | 12 |
| in the practice of nail technology, as
defined in this Act, | 13 |
| without being licensed as a nail
technician. A person licensed | 14 |
| as a cosmetology teacher may
teach nail technology and hold | 15 |
| himself or herself out as a nail technology
teacher without | 16 |
| being licensed as a nail
technology teacher.
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| (c) A person licensed as a barber teacher may hold himself | 18 |
| or herself out
as a barber and may practice barbering without a | 19 |
| license as a barber. A person
licensed as a cosmetology teacher | 20 |
| may hold himself or herself out as a
cosmetologist, | 21 |
| esthetician, and nail technologist and may practice | 22 |
| cosmetology,
esthetics, and nail technology without a license | 23 |
| as a cosmetologist,
esthetician, or nail technologist. A person | 24 |
| licensed as an esthetics teacher
may hold himself or herself | 25 |
| out as an esthetician without being licensed as an
esthetician | 26 |
| and may practice esthetics. A person licensed as a nail | 27 |
| technician
teacher may practice nail technology and may hold | 28 |
| himself or herself out as a
nail technologist without being | 29 |
| licensed as a nail technologist.
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| (d) The holder of a license issued under this Act may renew | 31 |
| that license during the month preceding the expiration date of | 32 |
| the license by paying the required fee.
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| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
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| (225 ILCS 410/2-1) (from Ch. 111, par. 1702-1)
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| (Section scheduled to be repealed on January 1, 2006)
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HB0866 |
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LRB094 06221 RAS 36291 b |
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| Sec. 2-1. Barbering defined. Any one or any combination of | 2 |
| the following
practices constitutes the practice of barbering:
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| To shave or trim the beard or cut the hair; to style, | 4 |
| arrange,
dress, curl, wave, straighten, clean, singe, epilate, | 5 |
| depilate,
shampoo, marcel, chemically restructure, bleach, | 6 |
| tint, color or
similarly work upon the hair or cranial | 7 |
| prothesis of any person; to give relaxing facial or scalp
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| massage or treatments with oils, creams or other preparations | 9 |
| either
by hand or by mechanical appliances. Nothing in this Act | 10 |
| shall be construed
to prohibit the shampooing of hair by | 11 |
| persons employed for that purpose and
who perform such task | 12 |
| under the direct supervision of a licensed barber.
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| (Source: P.A. 89-387, eff. 1-1-96.)
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| (225 ILCS 410/2-4b new)
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| Sec. 2-4b. Licensure as a barber clinic teacher; | 16 |
| qualifications. A person is qualified to receive a license as a | 17 |
| barber clinic teacher if that person files an application on | 18 |
| forms provided by the Department, pays the required fee, and: | 19 |
| (1) is at least 18 years of age; | 20 |
| (2) has graduated from high school or its equivalent; | 21 |
| (3) has a current license as a cosmetologist; | 22 |
| (4) has completed a program of 250 hours of clinic | 23 |
| teacher training in a licensed school of barbering or | 24 |
| cosmetology and has 2 years of practical experience as a | 25 |
| licensed barber within 5 years preceding the examination; | 26 |
| (5) has passed an examination authorized by the | 27 |
| Department to determine fitness to receive a license as a | 28 |
| barber teacher; and | 29 |
| (6) has met any other requirements of this Act.
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| (225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 2-7. Examination of applicants. The Department shall | 33 |
| hold examinations
of applicants for licensure as barbers and | 34 |
| teachers of barbering at such times
and places as it
may |
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HB0866 |
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LRB094 06221 RAS 36291 b |
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| determine. Upon request, the examinations shall be | 2 |
| administered in
Spanish.
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| Each applicant shall be given a written examination testing | 4 |
| both
theoretical and practical knowledge of the following | 5 |
| subjects insofar as
they are related and applicable to the | 6 |
| practice of barber science and
art: (1) anatomy, (2) | 7 |
| physiology, (3) skin diseases, (4) hygiene and
sanitation, (5) | 8 |
| barber history, (6) barber law, (7) hair cutting and
styling, | 9 |
| (8) shaving, shampooing, and permanent waving, (9) massaging, | 10 |
| (10)
bleaching, tinting, and coloring, and
(11) implements.
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| The examination of applicants for licensure
registration
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| as a barber
teacher shall include: (a) practice of barbering | 13 |
| and styling, (b)
theory of barbering, (c) methods of teaching, | 14 |
| and (d) school management.
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| This Act does not prohibit the practice as a barber or | 16 |
| barber teacher by
one who has applied in writing to the | 17 |
| Department, in form and substance
satisfactory to the | 18 |
| Department, for a license and has complied with all the
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| provisions of this Act in order to
qualify for a license except | 20 |
| the passing
of an examination, until: (a)
the expiration of 6 | 21 |
| months after the filing of such written application, or (b)
the | 22 |
| decision of the Department that the applicant has failed to | 23 |
| pass an
examination within 6 months or failed without an | 24 |
| approved excuse to take an
examination conducted within 6 | 25 |
| months by the Department, or (c) the withdrawal
of the | 26 |
| application.
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| (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
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| (225 ILCS 410/2A-7)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 2A-7. Requirements for licensure as barber school. A | 31 |
| person, firm, or
corporation may not own, operate or conduct a | 32 |
| school or college of barbering
for the purpose of teaching | 33 |
| barbering for compensation without filing an
application with | 34 |
| the Department on forms provided by the Department, paying the
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| required fees, and complying with the following requirements:
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LRB094 06221 RAS 36291 b |
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| 1. The applicant must submit to the Department for | 2 |
| approval:
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| a. A floor plan, drawn to a scale specified on the | 4 |
| floor plan,
showing every detail of the proposed | 5 |
| school;
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| b. A lease commitment or proof of ownership for the | 7 |
| location of the
proposed school; a lease commitment | 8 |
| must provide for execution of the lease
upon the | 9 |
| Department's approval of the school's application and | 10 |
| the lease must
be for a period of at least one year; | 11 |
| and
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| c. A written inspection report made by a local fire | 13 |
| authority
the State Fire Marshal approving
the use of | 14 |
| the proposed premises as a barbering school.
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| 2. The applicant must submit a certified financial | 16 |
| statement prepared by a
licensed public accountant who is | 17 |
| not an employee of the school, indicating
sufficient | 18 |
| finances to guarantee operation for one full year.
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| 3. The proposed barber school or college shall have a | 20 |
| minimum of one
theory or demonstration room, one workroom, | 21 |
| and 2 toilet facilities.
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| The minimum equipment in the workroom shall be 20 | 23 |
| barber chairs,
one cabinet and one wet sterilizer for each | 24 |
| barber chair, four shampoo
basins complete with shampoo | 25 |
| spray, one electric vibrator for each l0
barber chairs, and | 26 |
| one scalp-treatment high frequency electricity apparatus
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| for each l0 barber chairs.
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| The municipality in which the proposed new barber | 29 |
| school
is to be located shall be large enough to support | 30 |
| the proposed barber
school to the degree that the students | 31 |
| who might be enrolled in the
proposed barber school would | 32 |
| be assured of sufficient practice to enable
them to become | 33 |
| competent workers.
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| It shall be a requirement for maintaining and renewing | 35 |
| a barber school
license that the school or college of | 36 |
| barbering actually provide instruction
and teaching, as |
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LRB094 06221 RAS 36291 b |
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| well as maintain the equipment required by this Section. If | 2 |
| a
barber school ceases operation for any reason, the
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| Department shall place the school's license on inoperative | 4 |
| status, without
hearing, for a period of up to one year | 5 |
| from the date that the school ceases
operation. A barber | 6 |
| school license on inoperative status may be restored by
the | 7 |
| Department upon resumption of operation in accordance with | 8 |
| the requirements
of this Act. A license on inoperative | 9 |
| status may not be renewed.
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| A barber school license that remains on inoperative | 11 |
| status for a
period of one year shall automatically, | 12 |
| without hearing, be cancelled.
A cancelled license may not | 13 |
| be renewed or restored. A person, firm, or
corporation | 14 |
| whose license has been cancelled and who wishes to own, | 15 |
| operate, or
conduct a school or college of barbering for | 16 |
| the purpose of teaching barbering
for compensation must | 17 |
| apply for a new license.
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| 4. The proposed barber school or college shall have a | 19 |
| curriculum that
includes each of the following subjects:
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| the preparation and care of barber implements, the art of | 21 |
| haircutting,
styling, shaving, beard trimming and | 22 |
| shampooing, relaxing facial and scalp massaging
and | 23 |
| treatments either by hand or mechanical appliances, hair | 24 |
| tinting,
coloring, and bleaching, permanent
waving, barber | 25 |
| anatomy, physiology, bacteriology, cleaning and | 26 |
| disinfection
sanitation , barber
history, Illinois barber | 27 |
| law, electricity and light rays, and a course
concerning | 28 |
| the recognition of
dealing with the common diseases of the | 29 |
| skin and methods to avoid the
aggravation and spreading | 30 |
| thereof in the practice of barbering.
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| In a l500 hour barber course all students shall receive | 32 |
| a minimum
of l50 hours of lectures, demonstrations, or | 33 |
| discussions. The remaining
l350 hours shall be devoted to | 34 |
| bacteriology, skin and scalp diseases, sanitation, | 35 |
| antiseptics and disinfectants, trichology, anatomy, | 36 |
| physiology, shampoo-tinting techniques, facial massages, |
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HB0866 |
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LRB094 06221 RAS 36291 b |
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| hair treatments, electrical devices, shaving, women's | 2 |
| haircutting, chemical processing, professional ethics, | 3 |
| personal hygiene, public safety, career preparation, hair | 4 |
| cutting techniques, facial razor techniques, | 5 |
| shampoo-tinting chemicals, and massage and scalp | 6 |
| treatments; practical application of the student's skill
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| in the workroom ; and any , or to additional theory or other | 8 |
| classwork, at the
discretion of the instructor.
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| 5. The school shall comply with all rules of the | 10 |
| Department establishing
the necessary curriculum and | 11 |
| equipment required for the conduct of such school.
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| 6. The school shall employ a sufficient number of | 13 |
| qualified teachers of
barbering who are holders of a | 14 |
| current license issued
by the Department, which staff is | 15 |
| adequate only if the ratio of students to
teachers does not | 16 |
| exceed 25 students for each barber teacher.
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| 7. A final inspection of the barber school shall be | 18 |
| made by the Department
before the school may commence | 19 |
| classes. The inspection shall include a
determination of | 20 |
| whether:
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| a. All of the requirements of paragraph 1 of this | 22 |
| Section have been
met.
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| b. The school is in compliance with all rules of | 24 |
| the Department
established for the purpose of | 25 |
| determining the necessary curriculum and
equipment | 26 |
| required for the school.
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| c. A sufficient number of qualified teachers of | 28 |
| barbering who are
holders of current licenses issued by | 29 |
| the Department are employed.
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| Upon meeting all of the above requirements, the Department | 31 |
| may issue a
license and the school may commence classes.
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| No barber school may cease operation without first | 33 |
| delivering its
student records to a place of safekeeping in | 34 |
| accordance with Department rule.
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| (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97; | 36 |
| 90-580, eff. 5-21-98.)
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HB0866 |
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LRB094 06221 RAS 36291 b |
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| (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 3-1. Cosmetology defined. Any one or any combination | 4 |
| of the
following practices constitutes the practice of | 5 |
| cosmetology when done for
cosmetic or beautifying purposes and | 6 |
| not for the treatment of disease or of
muscular or nervous | 7 |
| disorder: arranging, braiding, dressing, cutting,
trimming,
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| curling, waving, chemical restructuring, shaping, singeing, | 9 |
| bleaching,
coloring or similar work, upon the hair of the head | 10 |
| or any cranial prosthetic attachment ; cutting or trimming
| 11 |
| facial hair of any person; any practice of
manicuring, | 12 |
| pedicuring, decorating nails, applying sculptured nails or
| 13 |
| otherwise artificial nails by hand or with mechanical or | 14 |
| electrical
apparatus or appliances, or in any way caring for | 15 |
| the nails or the skin of
the hands or feet including massaging | 16 |
| the hands, arms, elbows, feet, lower
legs, and knees of another
| 17 |
| person for other than the treatment of medical disorders; any | 18 |
| practice of epilation or
depilation of any person; any practice | 19 |
| for the purpose of cleansing,
massaging or toning the skin of | 20 |
| the scalp; beautifying, massaging,
cleansing, exfoliating , or | 21 |
| stimulating the stratum corneum of the epidermis ,
or | 22 |
| stimulating
the skin of the human body by the use of cosmetic
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| preparations, antiseptics, body treatments, body wraps, the | 24 |
| use of
hydrotherapy, tonics, lotions or creams or any device,
| 25 |
| electrical , mechanical, or otherwise , for the care of the skin ; | 26 |
| applying make-up or
eyelashes to any person or , tinting | 27 |
| eyelashes and eyebrows and lightening hair
on the body and | 28 |
| removing superfluous hair from the body of any person by
the | 29 |
| use of depilatories, waxing or tweezers. The term "cosmetology" | 30 |
| does
not include the services provided by an electrologist. | 31 |
| Nail technology is
the practice and the study of cosmetology | 32 |
| only to the
extent of manicuring, pedicuring, decorating, and | 33 |
| applying sculptured or
otherwise artificial nails, or in any | 34 |
| way caring for the nail or the skin of
the hands or feet | 35 |
| including massaging the hands, arms, elbows, feet, lower
legs,
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HB0866 |
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LRB094 06221 RAS 36291 b |
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| and knees.
Cosmetologists are prohibited from using any | 2 |
| technique, product, or practice intended to affect the living | 3 |
| layers of the skin
performing any procedure that may
puncture | 4 |
| or abrade the skin below the stratum corneum of the epidermis | 5 |
| or
remove closed milia (whiteheads) which
may draw blood or | 6 |
| serous body fluid . The term cosmetology includes
rendering | 7 |
| advice on what is cosmetically appealing, but no person | 8 |
| licensed
under this Act shall render advice on what is | 9 |
| appropriate medical treatment
for diseases of the skin. | 10 |
| Purveyors of cosmetics may demonstrate such cosmetic
products | 11 |
| in conjunction with any sales promotion and shall not be
| 12 |
| required to hold a license under this Act.
Nothing in this Act | 13 |
| shall be construed to prohibit the shampooing of hair
by | 14 |
| persons employed for that purpose and who perform that task
| 15 |
| under the direct supervision of a licensed cosmetologist or | 16 |
| licensed
cosmetology teacher.
| 17 |
| (Source: P.A. 91-863, eff. 7-1-00.)
| 18 |
| (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
| 19 |
| (Section scheduled to be repealed on January 1, 2006)
| 20 |
| Sec. 3-2. Licensure; qualifications.
| 21 |
| (1) A person is qualified to receive a license
as a | 22 |
| cosmetologist who has filed an application on forms
provided by | 23 |
| the Department, pays the required fees, and:
| 24 |
| a. Is at least l6 years of age; and
| 25 |
| b. Is beyond the age of compulsory school attendance or | 26 |
| has received a certificate of graduation from a school | 27 |
| providing secondary education
Has graduated from an eighth | 28 |
| grade elementary school , or the recognized
its
equivalent | 29 |
| of that certificate ; and
| 30 |
| c. Has graduated from
a school of cosmetology approved | 31 |
| by the Department, having completed
a program of l500 hours | 32 |
| in the study of cosmetology extending
over a period of
not | 33 |
| less than 8 months nor more than 7 consecutive years.
A | 34 |
| school of cosmetology
may, at its discretion, consistent | 35 |
| with the rules of the Department,
accept up to 500 hours of |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| barber school training at a recognized barber
school toward | 2 |
| the l500 hour program requirement of cosmetology.
Time | 3 |
| spent in
such study under the laws of another state or | 4 |
| territory of the United States
or of a foreign country or | 5 |
| province shall be credited toward the period of
study | 6 |
| required by the provisions of this paragraph; and
| 7 |
| d. Has passed an examination authorized by the | 8 |
| Department
to determine fitness to receive a license
as a | 9 |
| cosmetologist .
The requirements for remedial training set | 10 |
| forth in Section 3-6 of this
Act may be waived in whole or | 11 |
| in part by the Department upon proof to the
Department that | 12 |
| the applicant has demonstrated competence to again sit for
| 13 |
| the examination. The Department shall promulgate rules | 14 |
| establishing the
standards by which such determination | 15 |
| shall be made ; and
| 16 |
| e. Has met any other requirements of this Act.
| 17 |
| (2) (Blank).
If the applicant applies for a license as a | 18 |
| cosmetologist on
September 1, 2000 or
September 2, 2000, the | 19 |
| Department may accept a verified 10 years of
cosmetology | 20 |
| experience, which may include esthetics or nail technology
| 21 |
| experience, before July 1, 2000 in lieu of the requirements in | 22 |
| items c and
d of subsection (1) of this Section.
| 23 |
| (Source: P.A. 93-253, eff. 7-22-03.)
| 24 |
| (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
| 25 |
| (Section scheduled to be repealed on January 1, 2006)
| 26 |
| Sec. 3-4. Licensure as cosmetology
teacher or cosmetology | 27 |
| clinic teacher; qualifications.
| 28 |
| (a) A person is qualified to receive license as a | 29 |
| cosmetology teacher
if that person has
applied in writing on | 30 |
| forms provided by the Department, has paid the required
fees, | 31 |
| and:
| 32 |
| (1) is at least 18 years of age;
| 33 |
| (2) has graduated from high school or its equivalent;
| 34 |
| (3) has a current license as a cosmetologist;
| 35 |
| (4) has either: (i) completed a program of 500 hours of |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| teacher
training in
a licensed school of cosmetology and | 2 |
| had 2 years of practical
experience as a licensed | 3 |
| cosmetologist within 5 years
preceding the examination; or | 4 |
| (ii) completed a program of 1,000 hours of
teacher training | 5 |
| in
a
licensed school of cosmetology;
| 6 |
| (5) has passed an examination authorized by the | 7 |
| Department to
determine fitness to receive a license as a | 8 |
| cosmetology teacher; and
| 9 |
| (6) has met any other requirements of this Act.
| 10 |
| A cosmetology teacher who teaches esthetics, in order to be | 11 |
| licensed, shall
demonstrate, to the satisfaction of the | 12 |
| Department,
current skills in the use of machines used in the | 13 |
| practice of esthetics.
| 14 |
| An individual who receives a license as a cosmetology | 15 |
| teacher shall not be
required to maintain an active cosmetology | 16 |
| license in order to practice
cosmetology as defined in this | 17 |
| Act.
| 18 |
| (b) A person is qualified to receive a license as a | 19 |
| cosmetology clinic
teacher if he or she has applied in writing | 20 |
| on forms provided by the
Department, has paid the required | 21 |
| fees, and:
| 22 |
| (1) is at least 18 years of age;
| 23 |
| (2) has graduated from high school or its equivalent;
| 24 |
| (3) has a current license as a cosmetologist;
| 25 |
| (4) has (i) completed a program of 250 hours of clinic | 26 |
| teacher training in
a licensed
school of cosmetology or | 27 |
| (ii) within 5 years preceding the examination,
and has | 28 |
| obtained a minimum of 2 years of practical experience | 29 |
| working at least 30 full-time hours per week as a licensed
| 30 |
| cosmetologist within 5 years preceding the examination ;
| 31 |
| (5) has passed an examination authorized by the | 32 |
| Department to determine
fitness to receive a license as a | 33 |
| cosmetology teacher; and
| 34 |
| (6) has completed an instructor's institute of 20 | 35 |
| hours, as prescribed by the Department, prior to submitting | 36 |
| an application for examination; and
has met any other |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| requirements of this Act. | 2 |
| (7) has met any other requirements of this Act.
| 3 |
| (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99; | 4 |
| 91-863, eff. 7-1-00.)
| 5 |
| (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
| 6 |
| (Section scheduled to be repealed on January 1, 2006)
| 7 |
| Sec. 3-6. Examination. The Department shall authorize
| 8 |
| examinations of applicants for licensure
as cosmetologists | 9 |
| and , teachers of cosmetology through available physical and | 10 |
| electronic means
at the times and
places it may determine . If | 11 |
| an applicant for licensure as a cosmetologist
fails to pass 3
| 12 |
| examinations conducted by the
Department, the applicant shall, | 13 |
| before taking a subsequent examination,
furnish evidence of not | 14 |
| less than 250 hours of additional study of
cosmetology in an | 15 |
| approved school of cosmetology since the applicant last
took | 16 |
| the examination. If an applicant for licensure as a cosmetology | 17 |
| teacher
fails to pass 3 examinations conducted by the | 18 |
| Department, the applicant shall,
before taking a subsequent | 19 |
| examination, furnish evidence of not less than 80
hours of | 20 |
| additional study in teaching methodology and educational | 21 |
| psychology
in an approved school of cosmetology since the | 22 |
| applicant last took the
examination. An applicant who fails to | 23 |
| pass the fourth
examination shall not again be admitted to an | 24 |
| examination unless: (i) in the
case of an applicant for | 25 |
| licensure as a cosmetologist, the applicant again
takes and | 26 |
| completes a program of 1500 hours in the study of
cosmetology | 27 |
| in an
approved school of cosmetology extending over a period | 28 |
| that commences after the
applicant fails to pass the fourth | 29 |
| examination and that is not less than 8
months nor more than 7 | 30 |
| consecutive years in duration; (ii) in the case
of an
applicant | 31 |
| for licensure as a cosmetology teacher, the applicant again | 32 |
| takes and
completes a program of 1000 hours of teacher training | 33 |
| in an
approved school of
cosmetology, except that if the | 34 |
| applicant had 2 years of practical experience
as a licensed | 35 |
| cosmetologist within the 5 years preceding the initial
|
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| examination taken by the applicant, the applicant must again | 2 |
| take and complete
a program of 500 hours of teacher training in | 3 |
| an approved school of
cosmetology, esthetics,
or nail | 4 |
| technology; or (iii) in the case of an applicant for licensure | 5 |
| as a
cosmetology clinic teacher, the applicant again takes and | 6 |
| completes a
program of
250 hours of clinic teacher training in | 7 |
| a licensed
school of cosmetology. The requirements for remedial | 8 |
| training set forth in this Section may be waived in whole or in | 9 |
| part by the Department upon proof to the Department that the | 10 |
| applicant has demonstrated competence to again sit for the | 11 |
| examination. The Department shall adopt rules establishing the | 12 |
| standards by which this determination shall be made. Each | 13 |
| cosmetology applicant shall be given a written
examination | 14 |
| testing both
theoretical and practical knowledge, which shall | 15 |
| include, but not be
limited to, questions that determine the | 16 |
| applicant's knowledge of
product chemistry, sanitary rules, | 17 |
| sanitary procedures,
chemical service procedures, hazardous | 18 |
| chemicals and exposure minimization,
knowledge of the anatomy | 19 |
| of the skin, scalp, and hair , and nails as they relate to
| 20 |
| applicable services under this Act and labor and compensation | 21 |
| laws.
| 22 |
| The examination of applicants for licensure as a
| 23 |
| cosmetology, esthetics, or nail technology teacher may include
| 24 |
| all of the elements of the exam for licensure as a
| 25 |
| cosmetologist, esthetician, or nail technician and also | 26 |
| include teaching
methodology, classroom management,
record | 27 |
| keeping, and any other related subjects that the Department in | 28 |
| its
discretion may deem
necessary to insure competent | 29 |
| performance.
| 30 |
| This Act does not prohibit the practice of cosmetology by | 31 |
| one who has
applied in writing to the Department, in form and | 32 |
| substance satisfactory to
the Department, for a license as a | 33 |
| cosmetologist, or the
teaching of
cosmetology by one who has | 34 |
| applied in writing to the Department, in form
and substance | 35 |
| satisfactory to the Department, for a license
as a cosmetology | 36 |
| teacher or cosmetology clinic teacher, if the person has
|
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| complied with all the
provisions of this Act in order to | 2 |
| qualify for a license, except the passing of
an examination to | 3 |
| be eligible to
receive a license, until: (a) the expiration of | 4 |
| 6 months
after the
filing of the written application, (b) the | 5 |
| decision of the Department
that the applicant has failed to | 6 |
| pass an examination within 6 months or
failed without an | 7 |
| approved excuse to take an examination conducted within 6
| 8 |
| months by the Department, or (c) the withdrawal of the | 9 |
| application.
| 10 |
| A person who took the September 10, 1994 cosmetology | 11 |
| licensure examination
for the sixth time and failed the | 12 |
| examination and failed to request a reader
based upon a
| 13 |
| documented learning disability may reapply for the examination | 14 |
| within 6 months
of the
effective date of this amendatory Act of | 15 |
| the 91st General Assembly without
having to
complete the | 16 |
| additional 1,500 hours of instruction required under this Act.
| 17 |
| (Source: P.A. 90-302, eff. 8-1-97; 91-863, eff. 7-1-00.)
| 18 |
| (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
| 19 |
| (Section scheduled to be repealed on January 1, 2006)
| 20 |
| Sec. 3-7. Licensure; renewal; continuing education; | 21 |
| military service. The
holder of a license issued under this | 22 |
| Article III may renew that license during
the month preceding | 23 |
| the expiration date thereof by paying the required fee,
giving | 24 |
| such evidence as the Department may prescribe of completing not | 25 |
| less
than 14 hours of continuing education for a cosmetologist, | 26 |
| and 24 hours of
continuing education for a cosmetology teacher | 27 |
| or cosmetology clinic teacher,
within the 2 years prior to | 28 |
| renewal. The training shall be in subjects
approved by the | 29 |
| Department as prescribed by rule upon recommendation of the
| 30 |
| Committee.
| 31 |
| A license that has been expired for more than 5 years may | 32 |
| be restored by
payment of the restoration fee and submitting | 33 |
| evidence satisfactory to the
Department of the current | 34 |
| qualifications and fitness of the licensee, which
shall include | 35 |
| completion of continuing education hours for the period
|
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| subsequent to expiration.
| 2 |
| The Department shall establish by rule a means for the | 3 |
| verification of
completion of the continuing education | 4 |
| required by this Section. This
verification may be accomplished | 5 |
| through audits of records maintained by
registrants, by | 6 |
| requiring the filing of continuing education certificates with
| 7 |
| the Department, or by other means established by the | 8 |
| Department. The
Department shall
may select a qualified | 9 |
| organization that has no direct business
relationship with a | 10 |
| licensee, licensed entity or a subsidiary of a licensed
entity | 11 |
| under this Act to maintain and verify records relating to | 12 |
| continuing
education.
| 13 |
| A license issued under the provisions of this Act that has | 14 |
| expired
while the holder of the license was engaged (1) in | 15 |
| federal service on
active duty with the Army of the United | 16 |
| States, the United States Navy,
the Marine Corps, the Air | 17 |
| Force, the Coast Guard, or any Women's
Auxiliary thereof, or | 18 |
| the State Militia called into the service or
training of the | 19 |
| United States of America, or (2) in training or
education under | 20 |
| the supervision of the United States preliminary to
induction | 21 |
| into the military service, may be reinstated or restored
| 22 |
| without the payment of any lapsed renewal fees, reinstatement | 23 |
| fee, or
restoration fee if within 2 years after the termination | 24 |
| of such
service, training, or education other than by | 25 |
| dishonorable discharge,
the holder furnishes the Department | 26 |
| with an affidavit to the effect
that he or she has been so | 27 |
| engaged and that his or her service,
training, or education has | 28 |
| been so terminated.
| 29 |
| The Department, in its discretion, may waive
enforcement of | 30 |
| the continuing education requirement in this Section and
shall | 31 |
| adopt rules defining the standards and criteria for
that waiver | 32 |
| under the following circumstances:
| 33 |
| (a) the licensee resides in a locality where it is | 34 |
| demonstrated that the
absence of opportunities for such | 35 |
| education would interfere with the
ability of the licensee | 36 |
| to provide service to the public;
|
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| (b) that to comply with the continuing education | 2 |
| requirements would
cause a substantial financial hardship | 3 |
| on the licensee;
| 4 |
| (c) that the licensee is serving in the United States | 5 |
| Armed Forces; or
| 6 |
| (d) that the licensee is incapacitated due to illness.
| 7 |
| The continuing education requirements of this Section do | 8 |
| not apply to a
licensee who (i) is at least 62 years of age | 9 |
| before January 1, 1999 or (ii) has
been licensed as a | 10 |
| cosmetologist, cosmetology teacher, or cosmetology clinic
| 11 |
| teacher for at least 25 years and does not regularly work as a | 12 |
| cosmetologist,
cosmetology teacher, or cosmetology clinic | 13 |
| teacher for more than 14 hours per
week.
| 14 |
| (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97; | 15 |
| 90-302, eff.
8-1-97; 90-602, eff. 1-1-99.)
| 16 |
| (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
| 17 |
| (Section scheduled to be repealed on January 1, 2006)
| 18 |
| Sec. 3A-1. Esthetics and esthetician defined.
| 19 |
| (A) Any one or combination of
person who for
compensation, | 20 |
| whether direct or indirect, including tips, engages in the
| 21 |
| following practices , when done for cosmetic or beautifying | 22 |
| purposes and not for the treatment of disease or of a muscular | 23 |
| or nervous disorder,
constitutes
engages in the practice of | 24 |
| esthetics:
| 25 |
| 1. Beautifying, massaging, cleansing, exfoliating , or | 26 |
| stimulating the stratum corneum of
the epidermis
or | 27 |
| stimulating the skin of the
human body, except the scalp,
| 28 |
| by the use of cosmetic preparations, body
treatments, body | 29 |
| wraps, the use of hydrotherapy,
antiseptics, tonics, | 30 |
| lotions or creams or any device, electrical , mechanical, or
| 31 |
| otherwise, for the care of the skin;
| 32 |
| 2. Applying make-up or eyelashes to any person or , | 33 |
| tinting eyelashes and
eyebrows and lightening hair on the | 34 |
| body except the scalp; and
| 35 |
| 3. Removing superfluous hair from the body of any |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| person by the use of
depilatories, waxing or tweezers.
| 2 |
| However, esthetics does not include the services
provided | 3 |
| by a cosmetologist or electrologist. Estheticians are | 4 |
| prohibited
from using techniques, products, and practices | 5 |
| intended to affect the living layers of the skin
performing any | 6 |
| procedure which may puncture or abrade the skin below the
| 7 |
| stratum corneum of the epidermis or
remove closed milia | 8 |
| (whiteheads) which may draw blood or
serous body
fluid . The | 9 |
| term esthetics includes rendering advice on what is
| 10 |
| cosmetically appealing, but no person licensed under this Act | 11 |
| shall render
advice on what is appropriate medical treatment | 12 |
| for diseases of the skin.
| 13 |
| (B) (Blank).
"Esthetician" means any person who, with hands | 14 |
| or mechanical or
electrical apparatus or appliances, engages | 15 |
| only in the use of cosmetic
preparations, body treatments, body | 16 |
| wraps, hydrotherapy, makeups,
antiseptics, tonics, lotions, | 17 |
| creams or
other preparations or in the practice of massaging, | 18 |
| cleansing, exfoliating
the stratum corneum of the epidermis,
| 19 |
| stimulating,
manipulating, beautifying, grooming or similar | 20 |
| work on the
face, neck, arms and hands or body in a superficial | 21 |
| mode, and not for
the treatment of medical disorders.
| 22 |
| (Source: P.A. 91-863, eff. 7-1-00.)
| 23 |
| (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
| 24 |
| (Section scheduled to be repealed on January 1, 2006)
| 25 |
| Sec. 3A-3. Licensure as an esthetics teacher; | 26 |
| qualifications.
| 27 |
| (a) A person is qualified to receive a license as an | 28 |
| esthetics teacher
if
that person has applied in writing on | 29 |
| forms supplied by the Department, paid
the required fees,
and:
| 30 |
| (1) is at least 18 years of age;
| 31 |
| (2) has graduated from high school or its equivalent;
| 32 |
| (3) has a current license as a
licensed cosmetologist | 33 |
| or esthetician;
| 34 |
| (4) has either: (i) completed a program of 500 hours of
| 35 |
| teacher training in a
licensed school of cosmetology or a |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| licensed esthetics
school and had 2 years of practical | 2 |
| experience as a licensed cosmetologist or
esthetician | 3 |
| within 5 years preceding the
examination; or (ii) completed | 4 |
| a program of 750 hours of teacher training
in a
licensed | 5 |
| school of cosmetology approved by the Department to teach
| 6 |
| esthetics or a licensed esthetics school;
| 7 |
| (5) has passed an examination authorized by the | 8 |
| Department to
determine fitness to receive a license as a
| 9 |
| licensed cosmetology or esthetics teacher;
| 10 |
| (6) (blank); and
demonstrates, to the satisfaction of | 11 |
| the Department,
current skills in the use of machines used | 12 |
| in the practice of esthetics; and
| 13 |
| (7) has met any other requirements as required by this | 14 |
| Act.
| 15 |
| (b) A person is qualified to receive a license as an | 16 |
| esthetics clinic
teacher if that person has applied in writing | 17 |
| on forms supplied by the
Department, paid the required fees, | 18 |
| and:
| 19 |
| (1) is at least 18 years of age;
| 20 |
| (2) has graduated from high school or its equivalent;
| 21 |
| (3) has a current license as a licensed cosmetologist | 22 |
| or esthetician;
| 23 |
| (4) has (i) completed a program of 250 hours of clinic | 24 |
| teacher training in
a licensed
school of cosmetology | 25 |
| approved by the Department to teach esthetics or a
licensed
| 26 |
| esthetics school or (ii) within 5 years preceding the | 27 |
| examination, has obtained a minimum of
and had 2 years of | 28 |
| practical experience working at least 30 full-time hours | 29 |
| per week as a licensed
cosmetologist or esthetician within | 30 |
| 5 years preceding the examination ;
| 31 |
| (5) has passed an examination authorized by the | 32 |
| Department to determine
fitness to receive a license as a | 33 |
| licensed cosmetology teacher or
licensed
esthetics | 34 |
| teacher;
| 35 |
| (6) has completed an instructor's institute of 20 | 36 |
| hours, as prescribed by the Department, prior to submitting |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| an application for examination
demonstrates, to the | 2 |
| satisfaction of the Department, current skills in
the use | 3 |
| of machines used in the practice of esthetics ; and
| 4 |
| (7) has met any other requirements required by this | 5 |
| Act.
| 6 |
| (c) An applicant who is issued a license as an esthetics | 7 |
| teacher or
esthetics clinic teacher is not required to maintain | 8 |
| an esthetics license in
order to practice as an esthetician as | 9 |
| defined in this Act.
| 10 |
| (Source: P.A. 90-302, eff. 8-1-97; 91-863, eff. 7-1-00.)
| 11 |
| (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
| 12 |
| (Section scheduled to be repealed on January 1, 2006)
| 13 |
| Sec. 3A-5. Examination.
| 14 |
| (a) The Department shall authorize examinations of | 15 |
| applicants for a
license as an esthetician or teacher of | 16 |
| esthetics at such times and places as
it may determine. The
| 17 |
| Department shall authorize no fewer than 4 examinations for
a | 18 |
| license as an esthetician or a teacher of esthetics in a | 19 |
| calendar year.
| 20 |
| If an applicant neglects, fails without an approved excuse, | 21 |
| or refuses to
take the next available examination offered for | 22 |
| licensure under this Act,
the fee paid by the applicant shall | 23 |
| be forfeited to the Department and the
application denied. If | 24 |
| an applicant fails to pass an examination for licensure
under | 25 |
| this Act within 3 years after filing his or her application, | 26 |
| the
application shall be denied. However, such applicant may | 27 |
| thereafter make a
new application for examination, accompanied | 28 |
| by the required fee, if he or she
meets the requirements in | 29 |
| effect at the time of reapplication. If an applicant
for | 30 |
| licensure as an esthetician is unsuccessful at 3 examinations | 31 |
| conducted by
the Department, the applicant shall, before taking | 32 |
| a subsequent examination,
furnish evidence of not less than 125 | 33 |
| hours of additional study of esthetics in
an approved school of | 34 |
| cosmetology or esthetics since the applicant last took
the | 35 |
| examination. If an applicant for licensure as an esthetics |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| teacher or
esthetics clinic teacher is unsuccessful at 3 | 2 |
| examinations conducted by the
Department, the applicant shall, | 3 |
| before taking a subsequent examination,
furnish evidence of not | 4 |
| less than 80 hours of additional study in teaching
methodology | 5 |
| and educational psychology in a licensed school of cosmetology | 6 |
| or
esthetics since the applicant last took the examination. An | 7 |
| applicant who
fails to pass a fourth examination shall not | 8 |
| again be admitted to an
examination unless (i) in the case of | 9 |
| an applicant for licensure as an
esthetician, the applicant | 10 |
| shall again take and complete a program of 750 hours
in the | 11 |
| study of esthetics in a licensed school of cosmetology approved | 12 |
| to teach
esthetics or a school of esthetics, extending over a | 13 |
| period that
commences after the applicant fails to pass the | 14 |
| fourth examination and that is
not less than 18 weeks nor more | 15 |
| than 4 consecutive years in duration; (ii) in
the case of an | 16 |
| applicant for a license as an esthetics teacher, the applicant
| 17 |
| shall again take and complete a program of 750 hours of teacher
| 18 |
| training in a
school of cosmetology approved to teach esthetics | 19 |
| or a school of esthetics,
except that if the applicant had 2 | 20 |
| years of practical experience as a licensed
cosmetologist or | 21 |
| esthetician within 5 years preceding the initial examination
| 22 |
| taken by the applicant, the applicant must again take and | 23 |
| complete a program
of 500 hours of
teacher training in licensed | 24 |
| cosmetology or a licensed esthetics school; or
(iii) in the | 25 |
| case of an applicant for a license as an esthetics clinic | 26 |
| teacher,
the applicant shall again take and complete a program | 27 |
| of 250
hours of clinic
teacher training in a licensed school of | 28 |
| cosmetology or a licensed school of
esthetics.
| 29 |
| (b) Each applicant shall be given a written examination | 30 |
| testing both
theoretical and practical knowledge which shall | 31 |
| include, but not be limited to,
questions that determine the | 32 |
| applicant's knowledge of:
| 33 |
| (1) product chemistry;
| 34 |
| (2) cleanliness and health and safety procedures
| 35 |
| sanitary rules and regulations ;
| 36 |
| (3) equipment, techniques, products, and practices as |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| they relate to applicable services under this Act
sanitary | 2 |
| procedures ;
| 3 |
| (4) (blank);
chemical service procedures;
| 4 |
| (5) knowledge of the anatomy and physiology of the | 5 |
| skin, as it relates to
applicable services under this Act;
| 6 |
| (6) the provisions and requirements of this Act; and
| 7 |
| (7) labor and compensation laws.
| 8 |
| (c) The examination of applicants for licensure as an | 9 |
| esthetics teacher may
include all of the above and may also | 10 |
| include:
| 11 |
| (1) teaching methodology;
| 12 |
| (2) classroom management; and
| 13 |
| (3) record keeping and any other subjects that the | 14 |
| Department may deem
necessary to insure competent | 15 |
| performance.
| 16 |
| (d) This Act does not prohibit the practice of esthetics by | 17 |
| one who has
applied in writing to the Department, in form and | 18 |
| substance satisfactory to
the Department, for a license as an | 19 |
| esthetician, an esthetics teacher, or an
esthetics clinic | 20 |
| teacher and has complied with all the provisions of this Act
in | 21 |
| order to qualify for a license, except the passing of an | 22 |
| examination to be
eligible to receive such license certificate, | 23 |
| until: (i) the expiration of 6
months after the filing of such | 24 |
| written application, or (ii) the decision
of the Department | 25 |
| that the applicant has failed to pass an examination within
6 | 26 |
| months or failed without an approved excuse to take an | 27 |
| examination conducted
within 6 months by the Department, or | 28 |
| (iii) the withdrawal of the application.
| 29 |
| (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99; | 30 |
| 91-863, eff. 7-1-00.)
| 31 |
| (225 ILCS 410/3B-10)
| 32 |
| (Section scheduled to be repealed on January 1, 2006)
| 33 |
| Sec. 3B-10. Requisites for ownership or operation of | 34 |
| school. No person,
firm, or corporation may own, operate, or | 35 |
| conduct a school of cosmetology,
esthetics, or nail technology |
|
|
|
HB0866 |
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| 1 |
| for the purpose of teaching cosmetology,
esthetics, or nail | 2 |
| technology for compensation without applying on forms
provided | 3 |
| by the Department, paying the required fees, and complying with | 4 |
| the
following requirements:
| 5 |
| 1. The applicant must submit to the Department for | 6 |
| approval:
| 7 |
| a. A floor plan, drawn to a scale specified on the | 8 |
| floor plan,
showing every detail of the proposed | 9 |
| school;
| 10 |
| b. A lease commitment or proof of ownership for the | 11 |
| location of the
proposed school; a lease commitment | 12 |
| must provide for execution of the lease
upon the | 13 |
| Department's approval of the school's application and | 14 |
| the lease must
be for a period of at least one year; | 15 |
| and
| 16 |
| c. A written inspection report made by the State | 17 |
| Fire Marshal approving
the use of the proposed premises | 18 |
| as a cosmetology, esthetics, or nail
technology | 19 |
| school.
| 20 |
| 2. An application to own or operate a school shall | 21 |
| include the following:
| 22 |
| a. If the owner is a corporation, a copy of the | 23 |
| Articles of
Incorporation;
| 24 |
| b. If the owner is a partnership, a listing of all | 25 |
| partners and their
current addresses;
| 26 |
| c. If the applicant is an owner, a completed | 27 |
| financial statement showing
the owner's ability to | 28 |
| operate the school for at least 3 months;
| 29 |
| d. A copy of the official enrollment agreement or | 30 |
| student contract to be
used by the school, which shall | 31 |
| be consistent with the requirements of
this Act;
| 32 |
| e. A listing of all teachers who will be in the | 33 |
| school's employ,
including their teacher license | 34 |
| numbers;
| 35 |
| f. A copy of the curricula that will be followed;
| 36 |
| g. The names, addresses, and current status of all |
|
|
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HB0866 |
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LRB094 06221 RAS 36291 b |
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| 1 |
| schools in which the
applicant has previously owned any | 2 |
| interest, and a declaration as to whether
any of these | 3 |
| schools were ever denied accreditation or licensing or | 4 |
| lost
accreditation or licensing from any governmental | 5 |
| body or accrediting agency;
| 6 |
| h. Each application for a certificate of approval | 7 |
| shall be signed and
certified under oath by the | 8 |
| school's chief managing employee and also by
its | 9 |
| individual owner or owners; if the applicant is a | 10 |
| partnership or a
corporation, then the application | 11 |
| shall be signed and certified under oath by
the | 12 |
| school's chief managing employee and also by each | 13 |
| member of the partnership
or each officer of the | 14 |
| corporation, as the case may be;
| 15 |
| i. A copy of the school's official transcript; and
| 16 |
| j. The required fee ; and .
| 17 |
| k. A copy of the school's official policies and | 18 |
| procedures, including the school's written internal | 19 |
| complaint procedure.
| 20 |
| 3. Each application for a license to operate a
school | 21 |
| shall also contain the following commitments:
| 22 |
| a. To conduct the school in accordance with this | 23 |
| Act and the standards,
and rules from time to time | 24 |
| adopted under this Act and to meet standards and
| 25 |
| requirements at least as stringent as those required by | 26 |
| Part H of the Federal
Higher Education Act of 1965.
| 27 |
| b. To permit the Department to inspect the school | 28 |
| or classes thereof
from time to time with or without | 29 |
| notice; and to make available to the
Department, at any | 30 |
| time when required to do so, information including
| 31 |
| financial information pertaining to the activities of | 32 |
| the school required
for the administration of this Act | 33 |
| and the standards and rules adopted under
this Act;
| 34 |
| c. To utilize only advertising and solicitation | 35 |
| which is free from
misrepresentation, deception, | 36 |
| fraud, or other misleading or unfair trade
practices;
|
|
|
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HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| d. To screen applicants to the school prior to | 2 |
| enrollment pursuant to
the requirements of the | 3 |
| school's regional or national accrediting agency,
if | 4 |
| any, and to maintain any and all records of such | 5 |
| screening. If the
course of instruction is offered in a | 6 |
| language other than English, the
screening shall also | 7 |
| be performed in that language;
| 8 |
| e. To post in a conspicuous place a statement, | 9 |
| developed by the
Department, of student's rights | 10 |
| provided under this Act.
| 11 |
| 4. The applicant shall establish to the satisfaction of | 12 |
| the Department
that the owner possesses sufficient liquid | 13 |
| assets to meet the prospective
expenses of the school for a | 14 |
| period of 3 months. In the discretion of
the Department, | 15 |
| additional proof of financial ability may be required.
| 16 |
| 5. The applicant shall comply with all rules of the | 17 |
| Department determining
the necessary curriculum and | 18 |
| equipment required for the conduct of the school.
| 19 |
| 6. The applicant must demonstrate employment of a | 20 |
| sufficient number of
qualified teachers who are holders of | 21 |
| a current license issued by the
Department.
| 22 |
| 7. An
A final inspection of the cosmetology school | 23 |
| shall be
made by the Department before the school may | 24 |
| commence classes .
| 25 |
| 8. A written inspection report must be made by a local | 26 |
| fire authority approving the use of the proposed premises | 27 |
| as a cosmetology, esthetics, or nail technology school.
| 28 |
| (Source: P.A. 89-387, eff. 1-1-96.)
| 29 |
| (225 ILCS 410/3B-11)
| 30 |
| (Section scheduled to be repealed on January 1, 2006)
| 31 |
| Sec. 3B-11. Periodic review of cosmetology, esthetics and | 32 |
| nail technology
schools. The Department shall review at least | 33 |
| biennially all approved schools
and courses of instruction. The | 34 |
| biennial review shall include consideration of
a comparison | 35 |
| between the graduation or completion rate for the school and |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| the
graduation or completion rate for the schools within that | 2 |
| classification of
schools. Consideration shall be given to | 3 |
| complaints and information forwarded
to the Department by the | 4 |
| Federal Trade Commission, Better Business Bureaus, the
| 5 |
| Illinois Attorney General's Office, a State's Attorney's | 6 |
| Office,
other State or official approval agencies, local school | 7 |
| officials, and
interested persons , provided that the | 8 |
| complainant has complied with the school's written internal | 9 |
| complaint procedure before the Department is contacted . The | 10 |
| Department shall investigate all written complaints
filed with | 11 |
| the Department about a school or its sales representatives.
| 12 |
| A school shall retain student
the records, as defined by | 13 |
| rule, of a student
who withdraws from or drops out of the | 14 |
| school, by written notice of
cancellation or otherwise, for any | 15 |
| period longer than 7 years from the
student's first day of | 16 |
| attendance. However, a school shall retain indefinitely
the | 17 |
| transcript of each student who completes the program and
| 18 |
| graduates from the school.
| 19 |
| (Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96.)
| 20 |
| (225 ILCS 410/3B-13)
| 21 |
| (Section scheduled to be repealed on January 1, 2006)
| 22 |
| Sec. 3B-13. Rules; refunds. Schools regulated under this | 23 |
| Section shall
issue refunds based on the following schedule. | 24 |
| The refund policy shall provide
that:
| 25 |
| (1) Schools shall, when a student gives written notice of | 26 |
| cancellation,
provide a refund in the amount of at least the | 27 |
| following:
| 28 |
| (a) When notice of cancellation is given within 5 days | 29 |
| after the date of
enrollment, all application and | 30 |
| registration fees, tuition, and any other
charges shall be | 31 |
| refunded to the student.
| 32 |
| (b) When notice of cancellation is given after the | 33 |
| fifth day following
enrollment but before the completion of | 34 |
| the student's first day of class
attendance, the school may | 35 |
| retain no more than the application and registration
fee, |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| plus the cost of any books or materials which have been | 2 |
| provided by the
school and retained by the student.
| 3 |
| (c) When notice of cancellation is given after the | 4 |
| student's completion of
the first day of class attendance | 5 |
| but prior to the student's completion of 5%
of
the course | 6 |
| of instruction, the school may retain the application and
| 7 |
| registration fee and an amount not to exceed 10% of the | 8 |
| tuition and other
instructional charges or $300, whichever | 9 |
| is less, plus the cost of any books or
materials which have | 10 |
| been provided by the school.
| 11 |
| (d) When a student has completed 5% or more of the | 12 |
| course of instruction,
the school may retain the | 13 |
| application and registration fee and the cost of any
books | 14 |
| or materials which have been provided by the school but | 15 |
| shall refund a
part of the tuition and other instructional | 16 |
| charges in accordance with the
National Accrediting | 17 |
| Commission of Cosmetology Arts and Sciences and rules that
| 18 |
| the Department shall promulgate for purposes of this | 19 |
| Section.
| 20 |
| (2) Applicants not accepted by the school shall receive a | 21 |
| refund of all
tuition and fees paid.
| 22 |
| (3) Application and registration fees shall be chargeable | 23 |
| at initial
enrollment and shall not exceed $100.
| 24 |
| (4) Deposits or down payments shall become part of the | 25 |
| tuition.
| 26 |
| (5) If the school terminates a student's enrollment, the
| 27 |
| The school shall mail a written acknowledgement of the
a
| 28 |
| student's
termination
cancellation or written withdrawal to | 29 |
| the student within 15 calendar days of
the date of | 30 |
| notification . Written acknowledgement is not necessary if a
| 31 |
| refund has been mailed to the student within the 15 calendar | 32 |
| days.
| 33 |
| (6) If the school cancels or discontinues a course, the | 34 |
| student shall be
entitled to receive from the school such | 35 |
| refund or partial refund of the
tuition, fees, and other | 36 |
| charges paid by the student or on behalf of the
student as is |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| provided under rules promulgated by the Department.
| 2 |
| (7) Except as otherwise provided by this Act, all student | 3 |
| refunds shall be
made by the school within 30 calendar days | 4 |
| from the date of notice of the
student's cancellation.
| 5 |
| (8) A student shall give notice of cancellation to the | 6 |
| school in writing.
The unexplained absence of a student from a | 7 |
| school for more than 30
15 consecutive
calendar days shall | 8 |
| constitute constructive notice of cancellation to the school. | 9 |
| For
purposes of cancellation, the cancellation date shall be | 10 |
| the last day of
attendance.
| 11 |
| (9) A school may make refunds which exceed those required | 12 |
| by this Section.
| 13 |
| (10) Each student and former student shall be entitled to | 14 |
| receive from the
school that the student attends or attended an | 15 |
| official transcript of all
hours completed by the student at | 16 |
| that school for which the applicable tuition,
fees, and other | 17 |
| charges have been paid, together with the grades earned by the
| 18 |
| student for those hours, provided that a student who withdraws | 19 |
| from or drops
out of a school, by written notice of | 20 |
| cancellation or otherwise, shall not be
entitled to any | 21 |
| transcript of completed hours following the expiration of the
| 22 |
| 7-year period that began on the student's first day of | 23 |
| attendance at the
school. A reasonable fee, not exceeding $2, | 24 |
| may be charged by the school
for each transcript after the | 25 |
| first free transcript that the school is required
to provide to | 26 |
| a student or former student under this Section.
| 27 |
| (Source: P.A. 89-387, eff. 1-1-96.)
| 28 |
| (225 ILCS 410/3B-15)
| 29 |
| (Section scheduled to be repealed on January 1, 2006)
| 30 |
| Sec. 3B-15. Grounds for disciplinary action. In addition to | 31 |
| any
other cause herein set forth the Department may refuse to | 32 |
| issue or renew and
may suspend, place on probation, or revoke | 33 |
| any license to operate a school, or
take any other action that | 34 |
| the Department may deem proper, including the
imposition of | 35 |
| civil penalties not to exceed $1,000 for each violation, for |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| any
one or any combination of the following causes:
| 2 |
| (1) Repeated violation of any provision of this Act or any | 3 |
| standard or rule
established under this Act.
| 4 |
| (2) Knowingly furnishing false, misleading, or incomplete | 5 |
| information to the
Department or failure to furnish information | 6 |
| requested by the Department.
| 7 |
| (3) Violation of any commitment made in an application for | 8 |
| a license,
including failure to maintain standards that are the | 9 |
| same as, or substantially
equivalent to, those represented in | 10 |
| the school's applications
and
advertising.
| 11 |
| (4) Presenting to prospective students information | 12 |
| relating to the school,
or to employment opportunities or | 13 |
| opportunities for enrollment in institutions
of higher | 14 |
| learning after entering into or completing courses offered by | 15 |
| the
school, that is false, misleading, or
fraudulent.
| 16 |
| (5) Failure to provide premises or equipment or to maintain | 17 |
| them in a safe
and sanitary condition as required by law.
| 18 |
| (6) Failure to maintain financial resources adequate for | 19 |
| the satisfactory
conduct of the courses of instruction offered | 20 |
| or to retain a sufficient and
qualified instructional and | 21 |
| administrative staff.
| 22 |
| (7) Refusal to admit applicants on account of race, color, | 23 |
| creed, sex,
physical or mental handicap unrelated to ability, | 24 |
| religion, or national
origin.
| 25 |
| (8) Paying a commission or valuable consideration to any | 26 |
| person for acts or
services performed in violation of this Act.
| 27 |
| (9) Attempting to confer a fraudulent degree, diploma, or | 28 |
| certificate upon a
student.
| 29 |
| (10) Failure to correct any deficiency or act of | 30 |
| noncompliance under this
Act or the standards and rules | 31 |
| established under this Act within reasonable
time limits set by | 32 |
| the Department.
| 33 |
| (11) (Blank).
Conduct of business or instructional | 34 |
| services other than at locations
approved by the Department.
| 35 |
| (12) Failure to make all of the disclosures or making | 36 |
| inaccurate disclosures
to the Department or in the enrollment |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| agreement as required under this Act.
| 2 |
| (13) Failure to make appropriate refunds as required by | 3 |
| this Act.
| 4 |
| (14) Denial, loss, or withdrawal of accreditation by any
| 5 |
| accrediting agency.
| 6 |
| (15) During any 24-month period
calendar year , having a | 7 |
| failure rate of 25% or greater for
those of its students who | 8 |
| for the first time take the
examination authorized by
the | 9 |
| Department to determine fitness to receive a license as a | 10 |
| cosmetologist,
cosmetology teacher, esthetician, esthetician
| 11 |
| teacher, nail technician, or nail
technology teacher , provided | 12 |
| that a
student who transfers into the school having completed | 13 |
| 50% of the required program
with
750 or more hours for | 14 |
| cosmetologists, 375 or more hours for estheticians, 175
or more | 15 |
| hours for nail technician, 500 or more hours for teachers or
| 16 |
| 125 or more hours for clinic teachers and who
takes the | 17 |
| examination during that calendar year shall not be counted for
| 18 |
| purposes of determining the school's failure rate on an
| 19 |
| examination, without
regard to whether that transfer student | 20 |
| passes or fails the examination.
| 21 |
| (16) Failure to maintain a written record indicating the | 22 |
| funds
received per student and funds paid out per student. Such | 23 |
| records shall be
maintained for a minimum of 7 years and shall | 24 |
| be made available to the
Department upon request. Such records | 25 |
| shall identify the funding source and
amount for any student | 26 |
| who has enrolled as well as any other item set forth by
rule.
| 27 |
| (17) Failure to maintain a copy of the student record as | 28 |
| defined by rule.
| 29 |
| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
| 30 |
| (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
| 31 |
| (Section scheduled to be repealed on January 1, 2006)
| 32 |
| Sec. 3C-1. Definitions. "Nail technician" means any person | 33 |
| who for
compensation manicures, pedicures, or decorates nails, | 34 |
| applies sculptured
or otherwise artificial applications
nails
| 35 |
| by hand or with mechanical or electrical
apparatus or |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| appliances, or in any way beautifies
cares for the nails or the | 2 |
| skin of the
hands or feet including massaging the hands, arms, | 3 |
| elbows, feet, lower legs,
and
knees of another
person for other | 4 |
| than the treatment of medical disorders.
| 5 |
| However, nail technicians are prohibited from using | 6 |
| techniques, products, and practices intended to affect the | 7 |
| living layers of the skin
performing any procedure
that may | 8 |
| puncture the skin or which may draw blood or serous body fluid . | 9 |
| The
term nail technician includes rendering advice on what is | 10 |
| cosmetically
appealing, but no person licensed under this Act | 11 |
| shall render advice on what is
appropriate medical treatment | 12 |
| for diseases of the nails or skin.
| 13 |
| "Nail technician teacher" means an individual licensed by
| 14 |
| the Department to provide instruction in the theory and | 15 |
| practice of nail
technology to students in an approved nail | 16 |
| technology school.
| 17 |
| "Licensed nail technology clinic teacher" means an | 18 |
| individual licensed by
the
Department to practice nail | 19 |
| technology as defined in this Act and to provide
clinical
| 20 |
| instruction in the practice of nail technology in an approved | 21 |
| school of
cosmetology
or an approved school of nail technology.
| 22 |
| (Source: P.A. 90-302, eff. 8-1-97; 91-863, eff. 7-1-00.)
| 23 |
| (225 ILCS 410/3C-2) (from Ch. 111, par. 1703C-2)
| 24 |
| (Section scheduled to be repealed on January 1, 2006)
| 25 |
| Sec. 3C-2. License; qualifications. A
person is
qualified | 26 |
| to receive a license as a nail
technician if that person | 27 |
| applies in writing on forms provided by the
Department, pays | 28 |
| the required fee, and:
| 29 |
| (a) Is at least 16 years of age;
| 30 |
| (b) Is beyond the age of compulsory school attendance | 31 |
| or has a certificate of graduation from a school providing | 32 |
| secondary education
Has graduated from an eighth grade | 33 |
| elementary school or the recognized
its
equivalent of that | 34 |
| certificate ;
| 35 |
| (c) Has graduated from a school of cosmetology or |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| school of nail
technology approved by the Department, | 2 |
| having completed a program
curriculum of 350
hours in the | 3 |
| study of nail technology extending over a period of not | 4 |
| less
than 8 weeks nor more than 2 consecutive years and
| 5 |
| including the following: (1) theory, (2) manicuring and | 6 |
| pedicuring, (3) nail
treatments, (4) sanitary rules and | 7 |
| sterilization, and (5) related electives;
and
| 8 |
| (d) Has passed an examination authorized by the | 9 |
| Department to
determine fitness to receive a license as a | 10 |
| nail technician; and
| 11 |
| (e) Has met any other requirements of this Act.
| 12 |
| Time spent in the study of nail technology under the laws | 13 |
| of another
state or territory of the United States, or of a | 14 |
| foreign country or
province, shall be credited toward the | 15 |
| period of study required by the
provisions of subsection (c).
| 16 |
| (Source: P.A. 89-387, eff. 1-1-96.)
| 17 |
| (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
| 18 |
| (Section scheduled to be repealed on January 1, 2006)
| 19 |
| Sec. 3C-3. Licensure as a nail technology teacher or nail | 20 |
| technology
clinic teacher; qualifications.
| 21 |
| (a) A person
is qualified to receive a license as a nail | 22 |
| technology teacher if that person
has filed an application on | 23 |
| forms provided by the Department, paid the required
fee, and:
| 24 |
| (1) is at least 18 years of age;
| 25 |
| (2) has graduated from high school or its equivalent;
| 26 |
| (3) has a current license as a cosmetologist or nail
| 27 |
| technician;
| 28 |
| (4) has either: (1) completed a program of 500 hours of | 29 |
| teacher
training
in a
licensed school of nail technology or | 30 |
| cosmetology, and had 2 years of practical
experience as a | 31 |
| nail
technician; or (2) has completed a program of 625 | 32 |
| hours of teacher training
in
a licensed school of | 33 |
| cosmetology approved to teach nail
technology or school of | 34 |
| nail technology; and
| 35 |
| (5) who has passed an examination authorized by the
|
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| Department
to determine fitness to receive a license as a | 2 |
| cosmetology or nail technology
teacher.
| 3 |
| (b) A person is qualified to receive a license as a nail | 4 |
| technology clinic
teacher if that person has applied in writing | 5 |
| on forms supplied by the
Department, paid the required fees, | 6 |
| and:
| 7 |
| (1) is at least 18 years of age;
| 8 |
| (2) has graduated from high school or its equivalent;
| 9 |
| (3) has a current license as a licensed cosmetologist | 10 |
| or nail technician;
| 11 |
| (4) has (i) completed a program of 250 hours of clinic | 12 |
| teacher training in
a licensed
school of cosmetology or a | 13 |
| licensed nail technology school or (ii) within 5 years | 14 |
| preceding the examination, has obtained a minimum of
and | 15 |
| had 2 years of
practical experience working at least 30 | 16 |
| full-time hours per week as a licensed
cosmetologist or | 17 |
| nail technician within 5 years preceding the examination ;
| 18 |
| (5) has passed an examination authorized by the | 19 |
| Department to determine
fitness to receive a license as a | 20 |
| licensed cosmetology teacher or
licensed
nail technology | 21 |
| teacher;
| 22 |
| (6) demonstrates, to the satisfaction of the | 23 |
| Department, current skills in
the use of machines used in | 24 |
| the practice of nail technology; and
| 25 |
| (7) has completed an instructor's institute of 20 | 26 |
| hours, as prescribed by the Department, prior to submitting | 27 |
| an application for examination; and
has met any other | 28 |
| requirements required by this Act.
| 29 |
| (8) has met any other requirements required by this | 30 |
| Act.
| 31 |
| (c) An applicant who receives a license as a nail | 32 |
| technology teacher
or nail technology clinic teacher shall not | 33 |
| be required to maintain a
license as a nail technician.
| 34 |
| (Source: P.A. 90-302, eff. 8-1-97; 91-863, eff. 7-1-00.)
| 35 |
| (225 ILCS 410/3D-5)
|
|
|
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| 1 |
| (Section scheduled to be repealed on January 1, 2006)
| 2 |
| Sec. 3D-5. Requisites for ownership or operation of | 3 |
| cosmetology,
esthetics, and nail technology salons and barber | 4 |
| shops.
| 5 |
| (a) No person, firm, partnership, limited liability | 6 |
| company, or corporation
shall own or operate a cosmetology, | 7 |
| esthetics, or nail technology salon or
barber shop or employ | 8 |
| any licensee under this Act without first applying on forms | 9 |
| provided by the Department for a
certificate of registration.
| 10 |
| (b) The application for a certificate of registration under | 11 |
| this Section
shall
set forth the name, address, and telephone | 12 |
| number of the proposed cosmetology,
esthetics, or nail | 13 |
| technology salon or barber shop; the name, address, and
| 14 |
| telephone number of the person, firm, partnership, or | 15 |
| corporation that is to
own or operate the salon or shop; and, | 16 |
| if the salon or shop is to be owned or
operated by an entity | 17 |
| other than an individual, the name, address, and
telephone | 18 |
| number of the managing partner or the chief executive officer | 19 |
| of the
corporation or other entity that owns or operates the | 20 |
| salon or shop.
| 21 |
| (c) The Department shall be notified by the owner or | 22 |
| operator of a salon or
shop that is moved to a new location. If | 23 |
| there is a change in the ownership or
operation of a salon or | 24 |
| shop, the new owner or operator shall report that
change to the | 25 |
| Department along with completion of any additional | 26 |
| requirements
set forth by rule.
| 27 |
| (d) If a person, firm, partnership, limited liability | 28 |
| company, or
corporation owns or operates more than one shop or | 29 |
| salon, a separate
certificate of registration must be obtained | 30 |
| for each salon or shop.
| 31 |
| (e) A certificate of registration granted under this | 32 |
| Section may be revoked
in accordance with the provisions of | 33 |
| Article IV and the holder of the
certificate may be otherwise | 34 |
| disciplined by the Department in accordance with
rules adopted | 35 |
| under this Act.
| 36 |
| (f) The Department may promulgate rules to establish |
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
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| 1 |
| additional
requirements for owning or operating a salon or | 2 |
| shop.
| 3 |
| (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
| 4 |
| (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
| 5 |
| (Section scheduled to be repealed on January 1, 2006)
| 6 |
| Sec. 4-1. Duties
Powers and duties of Department. The | 7 |
| Department shall
exercise, subject to the provisions of this | 8 |
| Act, the following functions ,
powers and duties:
| 9 |
| (1) To cause to be conducted examinations to ascertain the
| 10 |
| qualifications and fitness of applicants for licensure as
| 11 |
| cosmetologists, estheticians, nail technicians, or barbers and | 12 |
| as
cosmetology, esthetics, nail technology, or barbering | 13 |
| teachers.
| 14 |
| (2) To determine the
establish qualifications for | 15 |
| licensure as a
cosmetologist,
esthetician, nail technician, or | 16 |
| barber or cosmetology, esthetics, nail
technology, or barber | 17 |
| teacher or cosmetology, esthetics, or nail technology
clinic | 18 |
| teachers for persons currently licensed as
cosmetologists, | 19 |
| estheticians, nail technicians, or barbers or cosmetology,
| 20 |
| esthetics, nail technology, or barber teachers or cosmetology, | 21 |
| esthetics, or
nail technology clinic teachers by endorsement.
| 22 |
| outside the State of
Illinois or the continental U.S.
| 23 |
| (3) To prescribe rules for:
| 24 |
| (i) The method of examination of candidates for | 25 |
| licensure as a
cosmetologist, esthetician, nail | 26 |
| technician, or barber or cosmetology,
esthetics, nail | 27 |
| technology, or barbering teacher.
| 28 |
| (ii) Minimum standards as to what constitutes an | 29 |
| approved
school of cosmetology, esthetics, nail | 30 |
| technology, or barbering.
| 31 |
| (iii) Minimum standards as to what constitutes a | 32 |
| cosmetology, esthetics, or nail technology salon or barber | 33 |
| shop.
| 34 |
| (4) To conduct investigations or hearings on proceedings to
| 35 |
| determine
disciplinary action.
|
|
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| 1 |
| (5) To prescribe reasonable rules governing the sanitary
| 2 |
| regulation
and inspection of cosmetology, esthetics, nail | 3 |
| technology, or barbering
schools.
| 4 |
| (6) To prescribe, subject to and consistent with the | 5 |
| provisions
of Section
4-1.5, reasonable rules for the method of | 6 |
| renewal for each license
as a cosmetologist, esthetician, nail | 7 |
| technician,
or barber or cosmetology, esthetics, nail | 8 |
| technology, or
barbering teacher or cosmetology, esthetics, or | 9 |
| nail technology clinic
teacher.
| 10 |
| (7) To prescribe reasonable rules for the method of
| 11 |
| registration, the
issuance, fees, renewal and discipline of a | 12 |
| certificate of registration for the
ownership or operation of | 13 |
| cosmetology, esthetics, and nail technology salons
and barber | 14 |
| shops.
| 15 |
| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
| 16 |
| (225 ILCS 410/4-1.5)
| 17 |
| (Section scheduled to be repealed on January 1, 2006)
| 18 |
| Sec. 4-1.5. Continuing education.
| 19 |
| (a) As used in this Article, "sponsor" shall include
| 20 |
| accredited
universities and colleges, industry or trade | 21 |
| associations,
corporate salons, franchise salons, independent | 22 |
| salons, vocational and
technical schools, cosmetology
schools, | 23 |
| and other entities approved by the Department.
Sponsors shall
| 24 |
| keep records of all courses and attendance and shall certify to | 25 |
| the Department
the successful completion of those courses by | 26 |
| applicants. Sponsors
may delegate record-keeping duties to one | 27 |
| of their members or member groups.
The Department shall | 28 |
| establish qualifications for the testing or active
| 29 |
| participation by individuals taking courses and procedures for | 30 |
| evaluation of
course content.
| 31 |
| (b) A potential sponsor shall submit to the Department on | 32 |
| forms provided
by the Department an application to sponsor | 33 |
| continuing education programs.
| 34 |
| (c) The application submitted to the Department under | 35 |
| subsection (b) shall
be accompanied by an initial application |
|
|
|
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| 1 |
| fee of $750
$500 .
An application by a
sponsor to renew its | 2 |
| ability to sponsor continuing education programs in
a | 3 |
| subsequent 2 year license cycle shall be submitted to the | 4 |
| Department on forms
provided by the
Department and accompanied | 5 |
| by a renewal fee of $500
$250 , provided the sponsor does
not | 6 |
| allow its license to lapse. If a sponsor allows its license to | 7 |
| lapse, the
application fee for the remainder of a 2-year cycle | 8 |
| shall be $750
$500 . Both the
initial
application fee and the | 9 |
| renewal fee shall cover all locations owned or operated
by that | 10 |
| sponsor in the State. All fees collected under this subsection | 11 |
| shall
be deposited into the
General Professions Dedicated Fund. | 12 |
| In addition,
the
applicant must provide a sample detailed | 13 |
| outline of each
one 3-hour program for the
Committee's approval
| 14 |
| consideration . The approval
sample shall cover all locations at | 15 |
| which the program is offered. The Department shall adopt rules | 16 |
| and establish fees for the administration of the program | 17 |
| approval process
owned or
operated by that sponsor in the | 18 |
| State .
| 19 |
| State agencies and State universities and colleges are | 20 |
| exempt from the fee
requirements of this Act.
| 21 |
| (d) Each application to sponsor a continuing education | 22 |
| program shall
include a
sample copy of the certificate of | 23 |
| attendance that the sponsor will furnish to
each person who | 24 |
| completes the continuing education program.
| 25 |
| (e) A continuing education program must comply with the | 26 |
| following
requirements:
| 27 |
| (1) Persons who are presenters at a continuing | 28 |
| education program must be
qualified by education, work | 29 |
| experience, or licensure to make their
presentations.
| 30 |
| (2) No product sales shall be permitted during a | 31 |
| continuing education
program. After the continuing | 32 |
| education program is concluded and the
certificates of | 33 |
| attendance are distributed to the attendees, product sales
| 34 |
| shall be permitted.
| 35 |
| (f) The Department may approve correspondence and home | 36 |
| study courses as
part of
the continuing education program. A |
|
|
|
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LRB094 06221 RAS 36291 b |
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| 1 |
| correspondence or home study course shall
be accepted for | 2 |
| credit if it has been approved or reviewed in a state that has
| 3 |
| a continuing
education approval or review process.
The | 4 |
| correspondence or home study course shall not be approved
| 5 |
| unless at least one examination is taken and passed as part of | 6 |
| the course. A
test shall not be considered passed unless the | 7 |
| participant receives a grade of
at
least 75%.
| 8 |
| (g) A licensee may receive continuing education hours | 9 |
| offered outside of
Illinois if he or she
meets the following | 10 |
| conditions:
| 11 |
| (1) The licensee must obtain an attendance form from | 12 |
| the Department or an
Illinois-approved continuing | 13 |
| education sponsor. The completed form must
include the date | 14 |
| continuing
education was received, the number of hours | 15 |
| awarded, the name, address, and
telephone number of the | 16 |
| location where continuing education
was
received, and the | 17 |
| signature of the trainer. The Department shall include on
| 18 |
| this form the Department definition of a continuing | 19 |
| education hour under this
Act.
| 20 |
| (2) The licensee must provide additional proof of | 21 |
| attendance as the
Department shall establish by rule.
| 22 |
| (h) Each sponsor of continuing education is subject to | 23 |
| periodic review and
evaluation by the Department and Committee | 24 |
| and sponsorship may be withdrawn
by the
Department if it is | 25 |
| determined that the sponsor is failing to maintain and
adhere | 26 |
| to the standards applicable to sponsors under this Act or if | 27 |
| the
Department determines that the program implemented fails to | 28 |
| comply with
criteria or standards that are applicable to | 29 |
| continuing education programs
under this Article and the rules | 30 |
| adopted under this Act.
| 31 |
| (i) Each sponsor of a continuing education program offered | 32 |
| under this
Section shall furnish to each person who completes | 33 |
| the program a continuing
education certificate of attendance | 34 |
| showing the name of the licensee in
attendance, the title of | 35 |
| the
continuing
education program, the date the program began | 36 |
| and ended, the number of
hours of
continuing education credit |
|
|
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| 1 |
| received by the licensee, and the
category of certificate | 2 |
| renewal to which the continuing education credits
apply. A | 3 |
| certificate issued under this subsection shall constitute | 4 |
| evidence
for all purposes of this Act that the person named in | 5 |
| the certificate met all
requirements of and completed the | 6 |
| continuing education program shown in the
certificate.
| 7 |
| (j) An approved sponsor may subcontract with individuals | 8 |
| and organizations
to
provide approved programs. These persons | 9 |
| must meet the criteria established in
Section 4-1.5(e)(1) and | 10 |
| (2).
| 11 |
| (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
| 12 |
| (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
| 13 |
| (Section scheduled to be repealed on January 1, 2006)
| 14 |
| Sec. 4-2. The Barber, Cosmetology, Esthetics, and Nail | 15 |
| Technology
Board
Committee . There is established within the | 16 |
| Department the Barber,
Cosmetology, Esthetics, and Nail | 17 |
| Technology Board
Committee , composed of 11
persons , which shall | 18 |
| serve in an advisory capacity to
designated from time to time | 19 |
| by the Director to advise the Director
in all matters related | 20 |
| to the practice of barbering, cosmetology,
esthetics, and nail | 21 |
| technology.
| 22 |
| The 11 members of the Board
Committee shall be appointed as | 23 |
| follows: 6 licensed
cosmetologists, all of whom hold a
current | 24 |
| license as a cosmetologist or cosmetology teacher and, for | 25 |
| appointments
made
after the effective date of this amendatory | 26 |
| Act of 1996, at least
2 of whom shall be an owner of or a major | 27 |
| stockholder in a school
of cosmetology,
one of whom shall be a | 28 |
| representative of a franchiser with 5 or more
locations within | 29 |
| the State, one of whom shall be a representative of an owner
| 30 |
| operating salons in 5 or more locations within the State, one | 31 |
| of whom shall be
an independent salon owner,
and no one of the
| 32 |
| cosmetologist members shall be a manufacturer, jobber, or | 33 |
| stockholder in a
factory of
cosmetology articles or an | 34 |
| immediate family member of any of the above; 2 of
whom shall be | 35 |
| barbers holding a current license; one member who shall be a
|
|
|
|
HB0866 |
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LRB094 06221 RAS 36291 b |
|
| 1 |
| licensed esthetician or esthetics teacher; one member who shall | 2 |
| be a licensed
nail technician or nail technology teacher; and | 3 |
| one public member who holds no
licenses issued by the | 4 |
| Department. The Director shall give due consideration for | 5 |
| membership to
recommendations by members of the professions and | 6 |
| by their professional
organizations. Members shall serve 4 year | 7 |
| terms and until their successors
are appointed and qualified. | 8 |
| No member shall be reappointed to the Board
Committee for more | 9 |
| than 2
terms. Appointments to fill vacancies shall be made in | 10 |
| the same manner as
original appointments for the unexpired | 11 |
| portion of the vacated term. Members
of
the Board
Committee in | 12 |
| office on the effective date of this amendatory Act of
1996
| 13 |
| shall continue to serve for the duration of the terms to which | 14 |
| they have been
appointed, but beginning on that effective date | 15 |
| all appointments of licensed
cosmetologists and barbers to | 16 |
| serve as members of the Board
Committee shall be made
in a | 17 |
| manner that will effect at the earliest possible date the | 18 |
| changes made by
this amendatory Act of 1996 in the | 19 |
| representative composition of
the
Board
Committee .
| 20 |
| A majority of Board
Committee members then appointed | 21 |
| constitutes a quorum. A
majority of the quorum is required for | 22 |
| a Board
Committee decision.
| 23 |
| Whenever the Director is satisfied that substantial | 24 |
| justice has
not been done in an examination, the Director may | 25 |
| order a reexamination by the
same or other examiners.
| 26 |
| (Source: P.A. 93-253, eff. 7-22-03.)
| 27 |
| (225 ILCS 410/3C-4 rep.)
| 28 |
| (225 ILCS 410/3C-5 rep.)
| 29 |
| Section 10. The Barber, Cosmetology, Esthetics, and Nail
| 30 |
| Technology Act of 1985 is amended by repealing Sections 3C-4 | 31 |
| and 3C-5.
|
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 410/1-4 |
from Ch. 111, par. 1701-4 |
| 4 |
| 225 ILCS 410/1-7 |
from Ch. 111, par. 1701-7 |
| 5 |
| 225 ILCS 410/2-1 |
from Ch. 111, par. 1702-1 |
| 6 |
| 225 ILCS 410/2-4b new |
|
| 7 |
| 225 ILCS 410/2-7 |
from Ch. 111, par. 1702-7 |
| 8 |
| 225 ILCS 410/2A-7 |
|
| 9 |
| 225 ILCS 410/3-1 |
from Ch. 111, par. 1703-1 |
| 10 |
| 225 ILCS 410/3-2 |
from Ch. 111, par. 1703-2 |
| 11 |
| 225 ILCS 410/3-4 |
from Ch. 111, par. 1703-4 |
| 12 |
| 225 ILCS 410/3-6 |
from Ch. 111, par. 1703-6 |
| 13 |
| 225 ILCS 410/3-7 |
from Ch. 111, par. 1703-7 |
| 14 |
| 225 ILCS 410/3A-1 |
from Ch. 111, par. 1703A-1 |
| 15 |
| 225 ILCS 410/3A-3 |
from Ch. 111, par. 1703A-3 |
| 16 |
| 225 ILCS 410/3A-5 |
from Ch. 111, par. 1703A-5 |
| 17 |
| 225 ILCS 410/3B-10 |
|
| 18 |
| 225 ILCS 410/3B-11 |
|
| 19 |
| 225 ILCS 410/3B-13 |
|
| 20 |
| 225 ILCS 410/3B-15 |
|
| 21 |
| 225 ILCS 410/3C-1 |
from Ch. 111, par. 1703C-1 |
| 22 |
| 225 ILCS 410/3C-2 |
from Ch. 111, par. 1703C-2 |
| 23 |
| 225 ILCS 410/3C-3 |
from Ch. 111, par. 1703C-3 |
| 24 |
| 225 ILCS 410/3D-5 |
|
| 25 |
| 225 ILCS 410/4-1 |
from Ch. 111, par. 1704-1 |
| 26 |
| 225 ILCS 410/4-1.5 |
|
| 27 |
| 225 ILCS 410/4-2 |
from Ch. 111, par. 1704-2 |
| 28 |
| 225 ILCS 410/3C-4 rep. |
|
| 29 |
| 225 ILCS 410/3C-5 rep. |
|
| |
|