(225 ILCS 410/Art. I heading) ARTICLE I
GENERAL PROVISIONS
|
(225 ILCS 410/1-1) (from Ch. 111, par. 1701-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-1. Title of Act. This Act may be cited as the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985.
(Source: P.A. 96-1246, eff. 1-1-11.)
|
(225 ILCS 410/1-2) (from Ch. 111, par. 1701-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-2. Public policy. The practices of barbering, cosmetology, esthetics, hair braiding, and nail technology
in the State of Illinois are hereby declared to affect the public health,
safety and welfare and to be subject to regulation and control in the public
interest. It is further declared to be a matter of public interest
and concern that the professions merit and receive the confidence of
the public and that only qualified persons be permitted to practice
said professions in the State of Illinois. This Act shall be liberally
construed to carry out these objects and purposes.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/1-3) (from Ch. 111, par. 1701-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-3.
Exclusive State power.
It is declared to be the public policy
of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article
VII of the Illinois Constitution of l970, that any power or function set
forth in this Act to be exercised by the State is an exclusive State power
or function. Such power or function shall not be exercised concurrently,
either directly or indirectly, by any unit of local government, including
home rule units, except as otherwise provided in this Act.
(Source: P.A. 84-657.)
|
(225 ILCS 410/1-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-4. Definitions. In this Act the following words shall have the
following meanings: "Address of record" means the designated address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.
"Board" means the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board.
"Department" means the Department of Financial and Professional Regulation.
"Licensed barber" means an individual licensed by the Department
to practice barbering as defined in this Act and whose
license is in good standing.
"Licensed cosmetologist" means an individual licensed by the
Department to practice cosmetology, nail technology, hair braiding, and esthetics as
defined in this Act and whose license is in good standing.
"Licensed esthetician" means an individual
licensed by the
Department to practice esthetics as defined in this Act and whose
license is in good standing.
"Licensed nail technician" means an individual
licensed by
the Department to practice nail technology as defined in this Act and whose
license is in good standing.
"Licensed barber teacher" means an individual
licensed
by the Department to practice barbering as defined in this Act
and to provide instruction in the theory and practice of barbering to students in an approved barber school.
"Licensed cosmetology teacher" means an individual
licensed by the Department to practice cosmetology,
esthetics, hair braiding, and nail technology as defined in this Act
and to provide instruction in the theory and
practice of cosmetology, esthetics, hair braiding, and nail technology to
students in an approved cosmetology, esthetics, hair braiding, or nail technology school.
"Licensed cosmetology clinic teacher" means an individual licensed by the
Department to practice cosmetology, esthetics, hair braiding, and nail technology as defined
in this Act and to provide clinical instruction in the practice of cosmetology,
esthetics, hair braiding, and nail technology in an approved school of cosmetology, esthetics, hair braiding,
or nail technology.
"Licensed esthetics teacher" means an individual
licensed by
the Department to practice esthetics as defined in this Act and to provide
instruction in the theory and practice of esthetics
to students in an approved cosmetology or esthetics school.
"Licensed hair braider" means an individual licensed by the Department to practice hair braiding as defined in this Act and whose license is in good standing. "Licensed hair braiding teacher" means an individual licensed by the Department to practice hair braiding and to provide instruction in the theory and practice of hair braiding to students in an approved cosmetology or hair braiding school. "Licensed nail technology teacher" means an individual
licensed by the Department to practice nail technology and
to provide instruction in the theory and
practice of nail technology to students in an approved nail technology
or cosmetology school.
"Enrollment" is the date upon which the student signs an
enrollment agreement or student contract.
"Enrollment agreement" or "student contract" is any agreement,
instrument, or contract however named, which creates or evidences an
obligation binding a student to purchase a course of instruction from a school.
"Enrollment time" means the maximum number of hours a student
could have attended class, whether or not the student did in fact attend
all those hours.
"Elapsed enrollment time" means the enrollment time elapsed between
the actual starting date and the date of the student's last day of physical
attendance in the school.
"Mobile shop or salon" means a self-contained facility that may be moved, towed, or transported from one location to another and in which barbering, cosmetology, esthetics, hair braiding, or nail technology is practiced. "Secretary" means the Secretary of the Department of Financial and Professional Regulation. "Threading" means any technique that results in the removal of superfluous hair from the body by twisting thread around unwanted hair and then pulling it from the skin; and may also include the incidental trimming of eyebrow hair. (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/1-5) (from Ch. 111, par. 1701-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-5.
Severability.
If any provision of this Act or application
thereof to any person or circumstances is held invalid, such invalidity
does not affect other provisions or applications of this Act which can be
given effect without the invalid application or provision, and to
this end the provisions of this Act are declared to be severable.
(Source: P.A. 84-657.)
|
(225 ILCS 410/1-6) (from Ch. 111, par. 1701-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-6. Administrative Procedure Act. The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license is specifically excluded. For the purpose of this Act the notice
required under Section 10-25 of the Administrative Procedure Act is deemed
sufficient when mailed to the address of record, or, if not an applicant or licensee, to the last known address of a party.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/1-6.5) (Section scheduled to be repealed on January 1, 2026) Sec. 1-6.5. Address of record. It is the duty of the applicant or licensee to inform the Department of any change of address within 14 days after such change either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/1-7) (from Ch. 111, par. 1701-7) (Text of Section before amendment by P.A. 103-746) (Section scheduled to be repealed on January 1, 2026) Sec. 1-7. Licensure required; renewal; restoration. (a) It is unlawful for any person to practice, or to hold himself or
herself out to be a cosmetologist, esthetician, nail technician, hair braider, or
barber without a license as a cosmetologist,
esthetician, nail technician, hair braider or barber issued by the Department pursuant to the provisions of this Act and of the
Civil Administrative Code of Illinois. It is also unlawful for any person,
firm, partnership, limited liability company, or corporation to own, operate, or conduct a
cosmetology, esthetics, nail technology, hair braiding, or barber school
without a license
issued by the Department or to own or operate a cosmetology, esthetics, nail
technology, or hair braiding salon, barber shop, or other business subject to the registration requirements of this Act without a certificate of registration issued
by the Department. It is further unlawful for any person to teach in any
cosmetology, esthetics, nail technology, hair braiding, or barber college or school
approved by the Department or hold himself or herself out as a cosmetology,
esthetics, hair braiding, nail technology, or barber teacher without a license as a teacher,
issued by the Department
or as a cosmetology clinic teacher without a license as a cosmetology clinic teacher issued
by the
Department. (b) Notwithstanding any other provision of this Act, a person licensed as a
cosmetologist may hold himself or herself out as
an esthetician and may engage in the practice of esthetics, as defined in this
Act, without being licensed as an esthetician. A person
licensed as a cosmetology teacher may
teach esthetics or hold himself or herself out as an esthetics teacher without
being licensed as an esthetics teacher. A person
licensed as a cosmetologist may hold himself or herself out
as a nail technician and may engage in the practice of nail technology, as
defined in this Act, without being licensed as a nail
technician. A person licensed as a cosmetology teacher may
teach nail technology and hold himself or herself out as a nail technology
teacher without being licensed as a nail
technology teacher. A person licensed as a cosmetologist may hold himself or herself out as a hair braider and may engage in the practice of hair braiding, as defined in this Act, without being licensed as a hair braider. A person licensed as a cosmetology teacher may teach hair braiding and hold himself or herself out as a hair braiding teacher without being licensed as a hair braiding teacher. (c) A person licensed as a barber teacher may hold himself or herself out
as a barber and may practice barbering without a license as a barber. A person
licensed as a cosmetology teacher may hold himself or herself out as a
cosmetologist, esthetician, hair braider, and nail technologist and may practice cosmetology,
esthetics, hair braiding, and nail technology without a license as a cosmetologist,
esthetician, hair braider, or nail technologist. A person licensed as an esthetics teacher
may hold himself or herself out as an esthetician without being licensed as an
esthetician and may practice esthetics. A person licensed as a nail technician
teacher may practice nail technology and may hold himself or herself out as a
nail technologist without being licensed as a nail technologist. A person licensed as a hair braiding teacher may practice hair braiding and may hold himself or herself out as a hair braider without being licensed as a hair braider. (d) The holder of a license issued under this Act may renew that license during the month preceding the expiration date of the license by paying the required fee.
(e) The expiration date, renewal period, and conditions for renewal and restoration of each license shall be established by rule. (f) A license issued under the provisions of this Act as a barber, barber teacher, cosmetologist, cosmetology teacher, cosmetology clinic teacher, esthetician, esthetics teacher, nail technician, nail technician teacher, hair braider, or hair braiding teacher that has expired while the holder of the license was engaged (1) in federal service on active duty with the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United States of America, or any Women's Auxiliary thereof, or the State Militia called into the service or training of the United States of America or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may be reinstated or restored without payment of any lapsed renewal fees, reinstatement fee, or restoration fee if within 2 years after the termination of such service, training, or education other than by dishonorable discharge, the holder furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated. (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.) (Text of Section after amendment by P.A. 103-746) (Section scheduled to be repealed on January 1, 2026) Sec. 1-7. Licensure required; renewal; restoration. (a) It is unlawful for any person to practice, or to hold himself or herself out to be a cosmetologist, esthetician, nail technician, hair braider, or barber without a license as a cosmetologist, esthetician, nail technician, hair braider or barber issued by the Department pursuant to the provisions of this Act and of the Civil Administrative Code of Illinois. It is also unlawful for any person, firm, partnership, limited liability company, or corporation to own, operate, or conduct a cosmetology, esthetics, nail technology, hair braiding, or barber school without a license issued by the Department or to own or operate a cosmetology, esthetics, nail technology, or hair braiding salon, barber shop, or other business subject to the registration requirements of this Act without a certificate of registration issued by the Department. It is further unlawful for any person to teach in any cosmetology, esthetics, nail technology, hair braiding, or barber college or school approved by the Department or hold himself or herself out as a cosmetology, esthetics, hair braiding, nail technology, or barber teacher without a license as a teacher, issued by the Department or as a cosmetology clinic teacher without a license as a cosmetology clinic teacher issued by the Department. (b) Notwithstanding any other provision of this Act, a person licensed as a cosmetologist may hold himself or herself out as an esthetician and may engage in the practice of esthetics, as defined in this Act, without being licensed as an esthetician. A person licensed as a cosmetology teacher may teach esthetics or hold himself or herself out as an esthetics teacher without being licensed as an esthetics teacher. A person licensed as a cosmetologist may hold himself or herself out as a nail technician and may engage in the practice of nail technology, as defined in this Act, without being licensed as a nail technician. A person licensed as a cosmetology teacher may teach nail technology and hold himself or herself out as a nail technology teacher without being licensed as a nail technology teacher. A person licensed as a cosmetologist may hold himself or herself out as a hair braider and may engage in the practice of hair braiding, as defined in this Act, without being licensed as a hair braider. A person licensed as a cosmetology teacher may teach hair braiding and hold himself or herself out as a hair braiding teacher without being licensed as a hair braiding teacher. (c) A person licensed as a barber teacher may hold himself or herself out as a barber and may practice barbering without a license as a barber. A person licensed as a cosmetology teacher may hold himself or herself out as a cosmetologist, esthetician, hair braider, and nail technologist and may practice cosmetology, esthetics, hair braiding, and nail technology without a license as a cosmetologist, esthetician, hair braider, or nail technologist. A person licensed as an esthetics teacher may hold himself or herself out as an esthetician without being licensed as an esthetician and may practice esthetics. A person licensed as a nail technician teacher may practice nail technology and may hold himself or herself out as a nail technologist without being licensed as a nail technologist. A person licensed as a hair braiding teacher may practice hair braiding and may hold himself or herself out as a hair braider without being licensed as a hair braider. (d) The holder of a license issued under this Act may renew that license during the month preceding the expiration date of the license by paying the required fee. (e) The expiration date, renewal period, and conditions for renewal and restoration of each license shall be established by rule. (f) A license issued under the provisions of this Act as a barber, barber teacher, cosmetologist, cosmetology teacher, cosmetology clinic teacher, esthetician, esthetics teacher, nail technician, nail technician teacher, hair braider, or hair braiding teacher that has expired while the holder of the license was engaged (1) in federal service on active duty with the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard of the United States of America, or any Women's Auxiliary thereof, or the State Militia called into the service or training of the United States of America or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may be reinstated or restored without payment of any lapsed renewal fees, reinstatement fee, or restoration fee if within 2 years after the termination of such service, training, or education other than by dishonorable discharge, the holder furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated. (Source: P.A. 103-746, eff. 1-1-25.) |
(225 ILCS 410/1-7.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-7.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds himself or herself out to practice barbering, cosmetology, esthetics, hair braiding, or
nail technology without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding disciplining a licensee.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 96-1246, eff. 1-1-11.)
|
(225 ILCS 410/1-7.10) (Section scheduled to be repealed on January 1, 2026) Sec. 1-7.10. Abnormal skin growth education. (a) In addition to any other requirements under this Act, the following applicants must provide proof of completion of a course approved by the Department in abnormal skin growth education, including training on identifying melanoma: (1) An applicant who submits an application for | ||
| ||
(2) An applicant who was licensed before January 1, | ||
| ||
(b) Nothing in this Section shall be construed to create a cause of action or any civil liabilities or to require or permit a licensee or applicant under this Act to practice medicine or otherwise practice outside of the scope of practice of a licensed barber, cosmetologist, esthetician, hair braider, or nail technician. (c) A person licensed under this Act may refer an individual to seek care from a medical professional regarding an abnormal skin growth. Neither a person licensed under this Act who completes abnormal skin growth education as a part of the person's continuing education, nor the person's employer, shall be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of practicing in the person's profession or employment concerning potential abnormal skin growths. (Source: P.A. 103-851, eff. 8-9-24.) |
(225 ILCS 410/1-8) (from Ch. 111, par. 1701-8)
Sec. 1-8.
(Repealed).
(Source: P.A. 84-1117. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/1-9)
Sec. 1-9. (Repealed).
(Source: P.A. 89-387, eff. 1-1-96. Repealed by P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-10. Display. Every holder of a
license shall display it in a place in the
holder's principal office, place of business or place of employment.
Whenever a licensed cosmetologist, esthetician, nail
technician, hair braider, or barber practices cosmetology, esthetics, nail technology, hair braiding, or
barbering outside of or away from the cosmetologist's, esthetician's, nail
technician's, hair braider's, or barber's principal office, place of business, or place of
employment, the cosmetologist, esthetician, nail technician, hair braider, or barber shall
provide any person so requesting proof that he or she has a valid license issued by the Department.
Every registered shop shall display its certificate of registration at the
location of the shop. Each shop where barber, cosmetology, esthetics, hair braiding, or nail
technology services are provided shall have a certificate of registration.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-11. Exceptions to Act.
(a) Nothing in this Act shall be construed to apply to the educational
activities conducted in connection with any monthly, annual or other
special educational program of any bona fide association of licensed
cosmetologists, estheticians, nail technicians, hair braiders, or barbers, or
licensed cosmetology, esthetics, nail technology, hair braiding, or barber
schools from which the general public is excluded.
(b) Nothing in this Act shall be construed to apply to the activities
and services of registered nurses or licensed practical nurses, as defined in
the Nurse Practice Act, or to personal care or health
care services
provided by individuals in the performance of their duties as employed or
authorized by facilities or programs licensed or certified by State agencies.
As used in this subsection (b), "personal care" means assistance with meals,
dressing, movement, bathing, or other personal needs or maintenance or general
supervision and oversight of the physical and mental well-being of an
individual who is incapable of maintaining a private,
independent residence or who is incapable of managing his or her person whether
or not a guardian has been appointed for that individual.
The definition of "personal care" as used in this subsection (b) shall not
otherwise be construed to negate the requirements of this Act or its rules.
(c) Nothing in this Act shall be deemed to require licensure of
individuals employed by the motion picture, film, television, stage play or
related industry for the purpose of providing cosmetology or esthetics
services to actors of that industry while engaged in the practice of
cosmetology or esthetics as a part of that person's employment. (d) Nothing in this Act shall be deemed to require licensure of an inmate of the Department of Corrections who performs barbering or cosmetology with the approval of the Department of Corrections during the person's incarceration.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/1-12) (Section scheduled to be repealed on January 1, 2026) Sec. 1-12. Licensure by endorsement. The Department may, without examination, grant a license under this Act to an applicant who is licensed or registered for or authorized to practice the same profession under the laws of another state or jurisdiction of the United States or of a foreign country upon filing of an application on forms provided by the Department, paying the required fee, and meeting such requirements as are established by rule. The Department may prescribe rules governing recognition of education and legal practice in another jurisdiction, requiring additional education, and determining when an examination may be required.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/1-13) (Section scheduled to be repealed on January 1, 2026) Sec. 1-13. Liability; domestic violence and sexual assault. A person licensed under this Act who completes domestic violence and sexual assault awareness education as a part of his or her continuing education, or his or her employer, shall not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault.
(Source: P.A. 99-766, eff. 1-1-17.) |
(225 ILCS 410/Art. II heading) ARTICLE II
BARBERS
|
(225 ILCS 410/2-1) (from Ch. 111, par. 1702-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2-1. Barbering defined. Any one or any combination of the following
practices constitutes the practice of barbering:
To shave or trim the beard or cut the hair; to style, arrange,
dress, curl, wave, straighten, clean, singe, epilate, depilate,
shampoo, marcel, chemically restructure, bleach, tint, color or
similarly work upon the hair or cranial prosthesis of any person; to give relaxing facial or scalp
massage or treatments with oils, creams or other preparations either
by hand or by mechanical appliances. Nothing in this Act shall be construed
to prohibit the shampooing of hair by persons employed for that purpose and
who perform such task under the direct supervision of a licensed barber.
(Source: P.A. 94-451, eff. 12-31-05.)
|
(225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2-2. Licensure as a barber;
qualifications. A person is qualified to
receive a license as a
barber if that person has applied in writing on forms prescribed by the
Department, has paid the required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school | ||
| ||
c. Has graduated from a school of barbering or school | ||
| ||
d. Has passed an examination caused to be conducted | ||
| ||
e. Has met all other requirements of this Act.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/2-2a) (from Ch. 111, par. 1702-2a)
Sec. 2-2a.
(Repealed).
(Source: P.A. 85-981. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/2-3) (from Ch. 111, par. 1702-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2-3. Licensure as a barber by a
cosmetology school graduate. A person is qualified to receive a license as a
barber if that person has applied in
writing on forms provided by the Department, paid the required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school | ||
| ||
c. Has graduated from a cosmetology school approved | ||
| ||
d. Has graduated from a school of barbering or | ||
| ||
e. Has passed an examination caused to be conducted | ||
| ||
f. Has met any other requirements set forth in this | ||
| ||
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2-4. Licensure as a barber
teacher; qualifications. A person is qualified to receive a license as a barber teacher if that person files an
application on forms provided by the Department, pays the required fee, and: a. Is at least 18 years of age;
b. Has graduated from high school or its equivalent;
c. Has a current license as a barber or cosmetologist;
d. Has graduated from a barber school or school of | ||
| ||
(1) completed a total of 500 hours in barber | ||
| ||
(2) completed a total of 1,000 hours of barber | ||
| ||
(3) completed the cosmetology teacher training as | ||
| ||
e. Has passed an examination authorized by the | ||
| ||
f. Has met any other requirements set forth in this | ||
| ||
An applicant who is issued a license as a barber teacher is not required
to maintain a barber license in order to practice barbering as defined in this
Act.
(Source: P.A. 98-911, eff. 1-1-15; 99-78, eff. 7-20-15; 99-427, eff. 8-21-15; 99-642, eff. 7-28-16.)
|
(225 ILCS 410/2-4a)
Sec. 2-4a. (Repealed).
(Source: P.A. 89-397, eff. 1-1-96. Repealed by P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/2-5) (from Ch. 111, par. 1702-5)
Sec. 2-5.
(Repealed).
(Source: P.A. 84-1117. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/2-6) (from Ch. 111, par. 1702-6)
Sec. 2-6.
(Repealed).
(Source: P.A. 84-657. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2-7. Examination of applicants. The Department shall hold examinations
of applicants for licensure as barbers and teachers of barbering at such times
and places as it
may determine. Upon request, the examinations shall be administered in
Spanish.
Each applicant shall be given a written examination testing both
theoretical and practical knowledge of the following subjects insofar as
they are related and applicable to the practice of barber science and
art: (1) anatomy, (2) physiology, (3) skin diseases, (4) hygiene and
sanitation, (5) barber history, (6) this Act and the rules for the administration of this Act, (7) hair cutting and
styling, (8) shaving, shampooing, and permanent waving, (9) massaging, (10)
bleaching, tinting, and coloring, and
(11) implements.
The examination of applicants for licensure
as a barber
teacher shall include: (a) practice of barbering and styling, (b)
theory of barbering, (c) methods of teaching, and (d) school management.
An applicant for licensure as a barber who has completed 1,200 hours in the study of barbering may take the examination. If an applicant for licensure as a barber fails to pass 3 examinations conducted by the Department, the applicant shall, before taking a subsequent examination, furnish evidence of not less than 250 hours of additional study of barbering in an approved school of barbering or cosmetology since the applicant last took the examination. If an applicant for licensure as a barber teacher fails to pass 3 examinations conducted by the Department, the applicant shall, before taking a subsequent examination, furnish evidence of not less than 80 hours of additional study in teaching methodology and educational psychology in an approved school of barbering or cosmetology since the applicant last took the examination. An applicant who fails to pass the fourth examination shall not again be admitted to an examination unless: (i) in the case of an applicant for licensure as a barber, the applicant again takes and completes a program of 1,500 hours in the study of barbering in an approved school of barbering or cosmetology extending over a period that commences after the applicant fails to pass the fourth examination and that is not less than 8 months nor more than 7 consecutive years in duration; or (ii) in the case of an applicant for licensure as a barber teacher, the applicant again takes and completes a program of 1,000 hours of teacher training in an approved school of barbering or cosmetology, except that if the applicant had 2 years of practical experience as a licensed barber within the 5 years preceding the initial examination taken by the applicant, the applicant must again take and complete a program of 500 hours of teacher training in an approved school of barbering or cosmetology. The requirements for remedial training set forth in this Section may be waived in whole or in part by the Department upon proof to the Department that the applicant has demonstrated competence to again sit for the examination. The Department shall adopt rules establishing standards by which this determination shall be made. This Act does not prohibit the practice as a barber or barber teacher by
one who has applied in writing to the Department, in form and substance
satisfactory to the Department, for a license and has complied with all the
provisions of this Act in order to
qualify for a license except the passing
of an examination, until: (a)
the expiration of 6 months after the filing of such written application, or (b)
the decision of the Department that the applicant has failed to pass an
examination within 6 months or failed without an approved excuse to take an
examination conducted within 6 months by the Department, or (c) the withdrawal
of the application.
(Source: P.A. 99-427, eff. 8-21-15; 100-642, eff. 1-1-19; 100-934, eff. 1-1-19.)
|
(225 ILCS 410/2-8) (from Ch. 111, par. 1702-8)
Sec. 2-8.
(Repealed).
(Source: P.A. 84-657. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/2-9) (Section scheduled to be repealed on January 1, 2026) Sec. 2-9. Certification in barbering at a cosmetology school. A school of cosmetology may offer a certificate in barbering, as defined by this Act, provided that the school of cosmetology complies with subsections (c), (d), and (e) of Section 2-2 of this Act; utilizes barber teachers properly licensed under Section 2-4 of this Act; and complies with Sections 2A-7 and 3B-10 of this Act.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.) |
(225 ILCS 410/2-10) (Section scheduled to be repealed on January 1, 2026) Sec. 2-10. Licensed cosmetologist seeking license as a barber. A licensed cosmetologist who submits to the Department an application for licensure as a barber must meet all requirements of this Act for licensure as a barber, except that such applicant shall be given credit for hours of instruction completed for his or her cosmetologist license in subjects that are common to both barbering and cosmetology and shall complete an additional 500 hours of instruction in subjects not within the scope of practice of a cosmetologist. The Department shall provide for the implementation of this provision by rule.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/2-11) (Section scheduled to be repealed on January 1, 2026) Sec. 2-11. Inactive status. Any barber or barber teacher who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status. Any barber or barber teacher requesting restoration from inactive status shall be required to pay the current renewal fee and to qualify for the restoration of his or her license, subject to rules of the Department. Any barber or barber teacher whose license is in inactive status shall not practice in the State of Illinois.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/2-12) (This Section may contain text from a Public Act with a delayed effective date) Sec. 2-12. Licensed cosmetology teacher seeking license as a barber teacher. A licensed cosmetology teacher who submits to the Department an application for licensure as a barber teacher must meet all requirements of this Act for licensure as a barber teacher, except that an applicant who has at least 3 years of experience as a licensed cosmetology teacher shall be given credit for hours of instruction completed for his or her cosmetology teacher license in subjects that are common to both barbering and cosmetology in the supplemental barber course. The Department shall provide for the implementation of this provision by rule.
(Source: P.A. 103-675, eff. 1-1-25.) |
(225 ILCS 410/Art. IIA heading) ARTICLE IIA.
BARBER SCHOOLS
(Repealed by P.A. 98-911, eff. 1-1-15)
|
(225 ILCS 410/Art. III heading) ARTICLE III
COSMETOLOGISTS
|
(225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-1. Cosmetology defined. Any one or any combination of the
following practices constitutes the practice of cosmetology when done for
cosmetic or beautifying purposes and not for the treatment of disease or of
muscular or nervous disorder: arranging, braiding, dressing, cutting,
trimming,
curling, waving, chemical restructuring, shaping, singeing, bleaching,
coloring or similar work, upon the hair of the head or any cranial prosthesis; cutting or trimming
facial hair of any person; any practice of
manicuring, pedicuring, decorating nails, applying sculptured nails or
otherwise artificial nails by hand or with mechanical or electrical
apparatus or appliances, or in any way caring for the nails or the skin of
the hands or feet including massaging the hands, arms, elbows, feet, lower
legs, and knees of another
person for other than the treatment of medical disorders; any practice of epilation or
depilation of any person; any practice for the purpose of cleansing,
massaging or toning the skin of the scalp; beautifying, massaging,
cleansing, exfoliating, or stimulating
the stratum corneum of the epidermis by the use of cosmetic
preparations, body treatments, body wraps, the use of
hydrotherapy, or any device,
electrical, mechanical, or otherwise; applying make-up or
eyelashes to any person or lightening or coloring hair
on the body and removing superfluous hair from the body of any person by
the use of depilatories, waxing, threading, or tweezers. The term "cosmetology" does
not include the services provided by an electrologist. Nail technology is
the practice and the study of cosmetology only to the
extent of manicuring, pedicuring, decorating, and applying sculptured or
otherwise artificial nails, or in any way caring for the nail or the skin of
the hands or feet including massaging the hands, arms, elbows, feet, lower
legs,
and knees.
Cosmetologists are prohibited from using any technique, product, or practice intended to affect the living layers of the skin. The term cosmetology includes
rendering advice on what is cosmetically appealing, but no person licensed
under this Act shall render advice on what is appropriate medical treatment
for diseases of the skin. Purveyors of cosmetics may demonstrate such cosmetic
products in conjunction with any sales promotion and shall not be
required to hold a license under this Act.
Nothing in this Act shall be construed to prohibit the shampooing of hair
by persons employed for that purpose and who perform that task
under the direct supervision of a licensed cosmetologist or licensed
cosmetology teacher.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-2. Licensure; qualifications.
(1) A person is qualified to receive a license
as a cosmetologist who has filed an application on forms
provided by the Department, pays the required fees, and:
a. Is at least l6 years of age; and
b. Is beyond the age of compulsory school attendance | ||
| ||
c. Has graduated from a school of cosmetology | ||
| ||
d. Has passed an examination authorized by the | ||
| ||
e. Has met any other requirements of this Act.
(2) (Blank).
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3-3) (from Ch. 111, par. 1703-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-3. Licensure as a
cosmetologist by a barber school graduate. A person is qualified to receive a
license as a cosmetologist
if that person has filed an application on forms provided by the Department,
has paid the required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school | ||
| ||
c. Has graduated from a school of barbering approved | ||
| ||
d. Has passed an examination authorized by the | ||
| ||
e. Has met any other requirements of this Act.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-4. Licensure as cosmetology
teacher or cosmetology clinic teacher; qualifications.
(a) A person is qualified to receive license as a cosmetology teacher
if that person has
applied in writing on forms provided by the Department, has paid the required
fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a cosmetologist;
(4) has either: (i) completed a program of 500 hours | ||
| ||
(5) has passed an examination authorized by the | ||
| ||
(6) has met any other requirements of this Act.
An individual who receives a license as a cosmetology teacher shall not be
required to maintain an active cosmetology license in order to practice
cosmetology as defined in this Act.
(b) A person is qualified to receive a license as a cosmetology clinic
teacher if he or she has applied in writing on forms provided by the
Department, has paid the required fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a cosmetologist;
(4) has (i) completed a program of 250 hours of | ||
| ||
(5) has passed an examination authorized by the | ||
| ||
(6)
has met any other requirements of this Act.
The Department shall not issue any new cosmetology clinic teacher licenses after January 1, 2009. Any person issued a license as a cosmetology clinic teacher before January 1, 2009, may renew the license after that date under this Act and that person may continue to renew the license or have the license restored during his or her lifetime, subject only to the renewal or restoration requirements for the license under this Act; however, such licensee and license shall remain subject to the provisions of this Act, including, but not limited to, provisions concerning renewal, restoration, fees, continuing education, discipline, administration, and enforcement.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3-5) (from Ch. 111, par. 1703-5)
Sec. 3-5.
(Repealed).
(Source: P.A. 88-483. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/3-5A) (from Ch. 111, par. 1703-5A)
Sec. 3-5A.
(Repealed).
(Source: P.A. 85-1382. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/3-5B) (from Ch. 111, par. 1703-5B)
Sec. 3-5B.
(Repealed).
(Source: P.A. 85-1382. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/3-5C) (from Ch. 111, par. 1703-5C)
Sec. 3-5C.
(Repealed).
(Source: P.A. 86-1356. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/3-5D) (from Ch. 111, par. 1703.5D)
Sec. 3-5D.
(Repealed).
(Source: P.A. 85-1382. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/3-5E) (from Ch. 111, par. 1703-5E)
Sec. 3-5E.
(Repealed).
(Source: P.A. 85-1382. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-6. Examination. The Department shall authorize
examinations of applicants for licensure
as cosmetologists and teachers of cosmetology
at the times and
places it may determine. The Department may provide by rule for the administration of the examination prior to the completion of the applicant's program of training as required in Section 3-2, 3-3, or 3-4. Notwithstanding Section 3-2, 3-3, or 3-4, an applicant for licensure as a cosmetologist who has completed 1,200 hours in the study of cosmetology may take the examination. If an applicant for licensure as a cosmetologist
fails to pass 3
examinations conducted by the
Department, the applicant shall, before taking a subsequent examination,
furnish evidence of not less than 250 hours of additional study of
cosmetology in an approved school of cosmetology since the applicant last
took the examination. If an applicant for licensure as a cosmetology teacher
fails to pass 3 examinations conducted by the Department, the applicant shall,
before taking a subsequent examination, furnish evidence of not less than 80
hours of additional study in teaching methodology and educational psychology
in an approved school of cosmetology since the applicant last took the
examination. An applicant who fails to pass the fourth
examination shall not again be admitted to an examination unless: (i) in the
case of an applicant for licensure as a cosmetologist, the applicant again
takes and completes a program of 1500 hours in the study of
cosmetology in an
approved school of cosmetology extending over a period that commences after the
applicant fails to pass the fourth examination and that is not less than 8
months nor more than 7 consecutive years in duration; (ii) in the case
of an
applicant for licensure as a cosmetology teacher, the applicant again takes and
completes a program of 1000 hours of teacher training in an
approved school of
cosmetology, except that if the applicant had 2 years of practical experience
as a licensed cosmetologist within the 5 years preceding the initial
examination taken by the applicant, the applicant must again take and complete
a program of 500 hours of teacher training in an approved school of
cosmetology, esthetics,
or nail technology; or (iii) in the case of an applicant for licensure as a
cosmetology clinic teacher, the applicant again takes and completes a
program of
250 hours of clinic teacher training in a licensed
school of cosmetology or an instructor's institute of 20 hours. The requirements for remedial training set forth in this Section may be waived in whole or in part by the Department upon proof to the Department that the applicant has demonstrated competence to again sit for the examination. The Department shall adopt rules establishing the standards by which this determination shall be made. Each cosmetology applicant shall be given a written
examination testing both
theoretical and practical knowledge, which shall include, but not be
limited to, questions that determine the applicant's knowledge of
product chemistry, sanitary rules, sanitary procedures,
chemical service procedures, hazardous chemicals and exposure minimization,
knowledge of the anatomy of the skin, scalp, hair, and nails as they relate to
applicable services under this Act and labor and compensation laws.
The examination of applicants for licensure as a
cosmetology, esthetics, or nail technology teacher may include
all of the elements of the exam for licensure as a
cosmetologist, esthetician, or nail technician and also include teaching
methodology, classroom management,
record keeping, and any other related subjects that the Department in its
discretion may deem
necessary to insure competent performance.
This Act does not prohibit the practice of cosmetology by one who has
applied in writing to the Department, in form and substance satisfactory to
the Department, for a license as a cosmetologist, or the
teaching of
cosmetology by one who has applied in writing to the Department, in form
and substance satisfactory to the Department, for a license
as a cosmetology teacher or cosmetology clinic teacher, if the person has
complied with all the
provisions of this Act in order to qualify for a license, except the passing of
an examination to be eligible to
receive a license, until: (a) the expiration of 6 months
after the
filing of the written application, (b) the decision of the Department
that the applicant has failed to pass an examination within 6 months or
failed without an approved excuse to take an examination conducted within 6
months by the Department, or (c) the withdrawal of the application.
(Source: P.A. 99-427, eff. 8-21-15; 100-642, eff. 1-1-19; 100-934, eff. 1-1-19.)
|
(225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-7. Licensure; renewal; continuing education. The
holder of a license issued under this Article III may renew that license during
the month preceding the expiration date thereof by paying the required fee,
giving such evidence as the Department may prescribe of completing not less
than 14 hours of continuing education for a cosmetologist, and 24 hours of
continuing education for a cosmetology teacher or cosmetology clinic teacher,
within the 2 years prior to renewal. The training shall be in subjects
approved by the Department as prescribed by rule upon recommendation of the Board and may include online instruction. For the initial renewal of a cosmetologist's license which requires continuing education, as prescribed by rule, one hour of the continuing education shall include domestic violence and sexual assault awareness education as prescribed by rule of the Department. For every subsequent renewal of a cosmetologist's license, one hour of the continuing education may include domestic violence and sexual assault awareness education as prescribed by rule of the Department. The one-hour domestic violence and sexual assault awareness continuing education course shall be provided by a continuing education provider approved by the Department, except that completion from March 12, 2016 to March 15, 2016 of a one-hour domestic violence and sexual assault awareness course from a domestic violence and sexual assault awareness organization shall satisfy this requirement.
The Department may prescribe rules regarding the requirements for domestic violence and sexual assault awareness continuing education courses and teachers. The Department shall establish by rule a means for the verification of
completion of the continuing education required by this Section. This
verification may be accomplished through audits of records maintained by
registrants, by requiring the filing of continuing education certificates with
the Department, or by other means established by the Department.
The Department, in its discretion, may waive
enforcement of the continuing education requirement in this Section, including the domestic violence and sexual assault awareness education requirement, and
shall adopt rules defining the standards and criteria for
that waiver under the following circumstances:
(a) the licensee resides in a locality where it is | ||
| ||
(b) that to comply with the continuing education | ||
| ||
(c) that the licensee is serving in the United States | ||
| ||
(d) that the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15; 99-766, eff. 1-1-17.)
|
(225 ILCS 410/3-7.1) (from Ch. 111, par. 1703-7.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-7.1.
Inactive Status.
Any cosmetologist, cosmetology
teacher, or cosmetology clinic teacher who notifies the
Department in writing on forms prescribed by the Department, may elect to
place his or her license on an inactive status and shall, subject to rules
of the Department, be excused from payment of renewal fees until he or she
notifies the Department in writing of his or her desire to resume active
status.
Any cosmetologist, cosmetology teacher, or cosmetology clinic
teacher requesting restoration from
inactive status shall be required to pay the current renewal fee and to qualify
for the restoration of
his or her license, subject to rules of the Department. A license shall not
be restored from inactive status unless the cosmetologist,
cosmetology
teacher, or cosmetology clinic teacher requesting the restoration completes
the number of hours of continuing
education required for renewal of a license under Section 3-7.
Any cosmetologist, cosmetology teacher, or cosmetology clinic
teacher whose license is in an inactive
status shall not practice in the State of Illinois.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
|
(225 ILCS 410/3-8)
Sec. 3-8. (Repealed).
(Source: P.A. 98-911, eff. 1-1-15. Repealed by P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3-8a) (from Ch. 111, par. 1703-8a)
Sec. 3-8a.
(Repealed).
(Source: P.A. 85-981. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/3-9) (Section scheduled to be repealed on January 1, 2026) Sec. 3-9. Licensed barber seeking license as cosmetologist. A licensed barber who submits to the Department an application for licensure as a cosmetologist must meet all requirements of this Act for licensure as a cosmetologist, except that such applicant shall be given credit for hours of instruction completed for his or her barber license in subjects that are common to both barbering and cosmetology and shall complete an additional 500 hours of instruction in subjects not within the scope of practice of a barber. The Department shall provide for the implementation of this provision by rule.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/3-10) (Section scheduled to be repealed on January 1, 2026) Sec. 3-10. Licensed esthetician or licensed nail technician seeking license as a cosmetologist. A licensed esthetician or licensed nail technician who submits to the Department an application for licensure as a cosmetologist must meet all requirements of this Act for licensure as a cosmetologist except that such applicant shall be given credit for hours of instruction completed for his or her esthetician or nail technician license in subjects that are common to both esthetics or nail technology and cosmetology. The Department shall provide for the implementation of this provision by rule.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/3-11) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-11. Licensed barber teacher seeking license as cosmetology teacher. A licensed barber teacher who submits to the Department an application for licensure as a cosmetology teacher must meet all requirements of this Act for licensure as a cosmetology teacher, except that an applicant who has at least 3 years of experience as a licensed barber teacher shall be given credit for hours of instruction completed for his or her barber teacher license in subjects that are common to both barbering and cosmetology in the supplemental cosmetology course. The Department shall provide for the implementation of this provision by rule.
(Source: P.A. 103-675, eff. 1-1-25.) |
(225 ILCS 410/3-12) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-12. Licensed esthetician teacher or licensed nail technician teacher seeking license as a cosmetology teacher. A licensed esthetician teacher or licensed nail technician teacher who submits to the Department an application for licensure as a cosmetology teacher must meet all requirements of this Act for licensure as a cosmetology teacher, except that an applicant who has at least 3 years of experience as a licensed esthetician teacher or licensed nail technician teacher shall be given credit for hours of instruction completed for his or her esthetician teacher or nail technician teacher license in subjects that are common to both esthetics or nail technology and cosmetology. The Department shall provide for the implementation of this provision by rule.
(Source: P.A. 103-675, eff. 1-1-25.) |
(225 ILCS 410/Art. IIIA heading) ARTICLE IIIA.
ESTHETICIANS
|
(225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-1. Esthetics defined.
(A) Any one or combination of the
following practices, when done for cosmetic or beautifying purposes and not for the treatment of disease or of a muscular or nervous disorder,
constitutes the practice of esthetics:
1. Beautifying, massaging, cleansing, exfoliating, or | ||
| ||
2. Applying make-up or eyelashes to any person or | ||
| ||
3. Removing superfluous hair from the body of any | ||
| ||
However, esthetics does not include the services
provided by a cosmetologist or electrologist. Estheticians are prohibited
from using techniques, products, and practices intended to affect the living layers of the skin. The term esthetics includes rendering advice on what is
cosmetically appealing, but no person licensed under this Act shall render
advice on what is appropriate medical treatment for diseases of the skin.
(B)
"Esthetician" means any person who, with hands or mechanical or
electrical apparatus or appliances, engages only in the use of cosmetic
preparations, body treatments, body wraps, hydrotherapy, makeups,
antiseptics, tonics, lotions, creams or
other preparations or in the practice of massaging, cleansing, exfoliating
the stratum corneum of the epidermis,
stimulating,
manipulating, beautifying, grooming, threading, or similar work on the
face, neck, arms and hands or body in a superficial mode, and not for
the treatment of medical disorders.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-2.
Licensure as an esthetician;
qualifications. A person is qualified to receive a license as a licensed
esthetician if that person
has applied in writing on forms provided by the Department, paid any required
fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school providing secondary
education, or the recognized equivalent of such a certificate, or persons
who are beyond the age of compulsory school attendance; and
c. Has graduated from a school of
cosmetology or esthetics approved by the Department, having completed a
program of 750 hours in the study of esthetics extending over a
period of not
less than 18 weeks nor more than 4 consecutive
years. Time spent in such study
under the laws of another state or territory of the United States or of a
foreign country or province shall be credited toward the period of study
required by the provisions of this paragraph; and
d. Has passed an examination authorized by the Department to
determine fitness to receive a license as a
licensed esthetician; and
e. Has met any other requirements of this Act and rules.
(Source: P.A. 91-863, eff. 7-1-00.)
|
(225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-3. Licensure as an esthetics teacher; qualifications.
(a) A person is qualified to receive a license as an esthetics teacher
if
that person has applied in writing on forms supplied by the Department, paid
the required fees,
and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a licensed cosmetologist | ||
| ||
(4) has either: (i) completed a program of 500 hours | ||
| ||
(5) has passed an examination authorized by the | ||
| ||
(6) (blank); and
(7) has met any other requirements as required by | ||
| ||
(b) (Blank).
(c) An applicant who is issued a license as an esthetics teacher is not required to maintain an esthetics license in
order to practice as an esthetician as defined in this Act.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/3A-4) (from Ch. 111, par. 1703A-4)
Sec. 3A-4.
(Repealed).
(Source: P.A. 85-1302. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-5. Examination.
(a) The Department shall authorize examinations of applicants for a
license as an esthetician or teacher of esthetics at such times and places as
it may determine. The
Department shall authorize no fewer than 4 examinations for
a license as an esthetician or a teacher of esthetics in a calendar year. An applicant for licensure as an esthetician who has completed 600 hours in the study of esthetics may take the examination.
If an applicant neglects, fails without an approved excuse, or refuses to
take the next available examination offered for licensure under this Act,
the fee paid by the applicant shall be forfeited to the Department and the
application denied. If an applicant fails to pass an examination for licensure
under this Act within 3 years after filing his or her application, the
application shall be denied. However, such applicant may thereafter make a
new application for examination, accompanied by the required fee, if he or she
meets the requirements in effect at the time of reapplication. If an applicant
for licensure as an esthetician is unsuccessful at 3 examinations conducted by
the Department, the applicant shall, before taking a subsequent examination,
furnish evidence of not less than 125 hours of additional study of esthetics in
an approved school of cosmetology or esthetics since the applicant last took
the examination. If an applicant for licensure as an esthetics teacher is unsuccessful at 3 examinations conducted by the
Department, the applicant shall, before taking a subsequent examination,
furnish evidence of not less than 80 hours of additional study in teaching
methodology and educational psychology in a licensed school of cosmetology or
esthetics since the applicant last took the examination. An applicant who
fails to pass a fourth examination shall not again be admitted to an
examination unless (i) in the case of an applicant for licensure as an
esthetician, the applicant shall again take and complete a program of 750 hours
in the study of esthetics in a licensed school of cosmetology approved to teach
esthetics or a school of esthetics, extending over a period that
commences after the applicant fails to pass the fourth examination and that is
not less than 18 weeks nor more than 4 consecutive years in duration; or (ii) in
the case of an applicant for a license as an esthetics teacher, the applicant
shall again take and complete a program of 750 hours of teacher
training in a
school of cosmetology approved to teach esthetics or a school of esthetics,
except that if the applicant had 2 years of practical experience as a licensed
cosmetologist or esthetician within 5 years preceding the initial examination
taken by the applicant, the applicant must again take and complete a program
of 500 hours of
teacher training in licensed cosmetology or a licensed esthetics school.
(b) Each applicant shall be given a written examination testing both
theoretical and practical knowledge which shall include, but not be limited to,
questions that determine the applicant's knowledge, as provided by rule.
(c) The examination of applicants for licensure as an esthetics teacher may
include:
(1) teaching methodology;
(2) classroom management; and
(3) record keeping and any other subjects that the | ||
| ||
(d) This Act does not prohibit the practice of esthetics by one who has
applied in writing to the Department, in form and substance satisfactory to
the Department, for a license as an esthetician or an esthetics teacher and has complied with all the provisions of this Act
in order to qualify for a license, except the passing of an examination to be
eligible to receive such license certificate, until: (i) the expiration of 6
months after the filing of such written application, or (ii) the decision
of the Department that the applicant has failed to pass an examination within
6 months or failed without an approved excuse to take an examination conducted
within 6 months by the Department, or (iii) the withdrawal of the application.
(Source: P.A. 100-642, eff. 1-1-19; 100-934, eff. 1-1-19.)
|
(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-6. Licensure; renewal;
continuing education; examination; military service. The holder of a license
issued under this Article may renew such license during the
month preceding the expiration date thereof by paying the required fee, giving evidence the Department may
prescribe of completing not less than 10 hours for estheticians,
and not less than 20 hours of continuing education for esthetics
teachers,
within the 2 years prior to renewal. The training shall be in subjects,
approved by the Department as prescribed by rule upon recommendation of
the Board. For the initial renewal of an esthetician's license which requires continuing education, as prescribed by rule, one hour of the continuing education shall include domestic violence and sexual assault awareness education as prescribed by rule of the Department. For every subsequent renewal of an esthetician's license, one hour of the continuing education may include domestic violence and sexual assault awareness education as prescribed by rule of the Department. The one-hour domestic violence and sexual assault awareness continuing education course shall be provided by a continuing education provider approved by the Department, except that completion from March 12, 2016 to March 15, 2016 of a one-hour domestic violence and sexual assault awareness course from a domestic violence and sexual assault awareness organization shall satisfy this requirement.
The Department may prescribe rules regarding the requirements for domestic violence and sexual assault awareness continuing education courses and teachers. The Department, in its discretion, may waive enforcement of the continuing
education requirement in this Section, including the domestic violence and sexual assault awareness education requirement, and shall adopt rules defining the
standards and criteria for such waiver, under the following circumstances:
(1) the licensee resides in a locality where it is | ||
| ||
(2) the licensee's compliance with the continuing | ||
| ||
(3) the licensee is serving in the United States | ||
| ||
(4) the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15; 99-766, eff. 1-1-17.)
|
(225 ILCS 410/3A-7)
Sec. 3A-7. (Repealed).
(Source: P.A. 98-911, eff. 1-1-15. Repealed by P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3A-8) (Section scheduled to be repealed on January 1, 2026) Sec. 3A-8. Inactive status. Any esthetician or esthetician teacher who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status. Any esthetician or esthetician teacher requesting restoration from inactive status shall be required to pay the current renewal fee and to qualify for the restoration of his or her license, subject to rules of the Department. A license shall not be restored from inactive status unless the esthetician or esthetician teacher requesting the restoration completes the number of hours of continuing education required for renewal of a license under Section 3A-6. Any esthetician or esthetician teacher whose license is in inactive status shall not practice in the State of Illinois.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/Art. IIIB heading) ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
AND NAIL TECHNOLOGY SCHOOLS
(Source: P.A. 98-911, eff. 1-1-15.) |
(225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-1. Application. The provisions of this Article are applicable
only to barber, cosmetology, esthetics, hair braiding, and nail technology schools
regulated under this Act.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/3B-2) (from Ch. 111, par. 1703B-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-2. Investigations by Department upon its own motion or upon
complaint; opportunity for corrections. The Department may upon
its own motion and shall upon the complaint in writing of any
person setting forth facts which if proved would constitute grounds for
refusal or revocation under this Act, investigate the actions of any
applicant or any person or persons holding or claiming
to hold a license.
Any student or employee of a school approved by this Act who believes he
has been aggrieved by a violation of this Act shall have the right to file
a written complaint within one year of the alleged violation. The Department
shall acknowledge receipt of such written complaint, commence an investigation
of the alleged violation, and forward to the Attorney General and any
appropriate State's Attorney's office copies of complaints as required by
Section 3B-3. The Department shall inform the chief operating officer
of the school cited in the complaint of the nature or substance of the complaint and afford the school an opportunity to either resolve the complaint to the satisfaction of the complainant or submit a written response to the Department.
However, before proceeding to a hearing on the question of whether a
license shall be refused or revoked, the Department may issue a letter
granting the school in question 30 days to correct the deficiency or
deficiencies. The letter shall enumerate the deficiencies and state the action
on the part of the school that will remediate the deficiency or
deficiencies. During the time designated to remedy deficiencies the Department
may order the school to cease and desist from all marketing and student
enrollment activities.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3B-3) (from Ch. 111, par. 1703B-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-3.
(a) The following acts or omissions by an owner, operator
or authorized agent of a school shall
constitute violations of this Act and unlawful practices pursuant to the
"Consumer Fraud and Deceptive Business Practices Act", as now or hereafter amended:
1. False or misleading statements, misrepresentations or false promises
which have the tendency or capacity to influence or induce persons to
enroll in the course of instruction offered by such school.
2. Failure or refusal of the school to make the disclosures in the
enrollment agreement required by this Act; or the making of
false or inaccurate statements in such disclosures.
3. Failure or refusal of the school to refund fees and unearned tuition,
in accordance with the refund policy prescribed by
this Act, to any student who cancels his enrollment agreement.
4. Failure or refusal of the school to employ course instructors
certified by the Department and to provide the equipment,
facilities or services necessary to implement the course of instruction.
(b) Whenever the Attorney General or a state's attorney receives a
complaint against a school which alleges
one or more of the violations enumerated in subsection (a), he may conduct
an investigation to determine the validity of such complaint and, if a
violation or violations are found, may use any or all of the remedies,
penalties or authority granted to him by the "Consumer Fraud and Deceptive
Business Practices Act" to correct such violations and enforce the
provisions of this Act. Within 10 business days of receipt, the
Department shall transmit to the Attorney General and the appropriate
state's attorney copies of complaints filed in its office
which allege one or more of the violations
enumerated in subsection (a).
(Source: P.A. 85-1382.)
|
(225 ILCS 410/3B-4) (from Ch. 111, par. 1703B-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-4.
Except for the violations enumerated below, any owner,
operator or authorized agent of a school
who knowingly violates any provision of this Act shall be guilty of a
business offense.
Any owner, operator or authorized agent of a
school who commits any of the following offenses shall be guilty
of a Class A misdemeanor for the first offense and a Class 4 felony for the
second or subsequent offense:
1. Knowingly, and for the purpose of influencing or inducing a person
to enroll in the course of instruction offered by the school, makes any
false or misleading statements, misrepresentations or
false promises to such person regarding
opportunities upon graduation from the school for (a) employment in a
business, industry or trade, (b)
admission to an institution of higher learning, or (c) admission to an
occupational licensing examination.
2. Knowingly, and with intent to defraud, retains in excess of the school's refund
policy prescribed in this Act any unearned tuition or fees paid by a student who
has cancelled his enrollment
agreement and is entitled to a refund.
3. Knowingly, and with intent to defraud, misrepresents that any student
who has cancelled his
enrollment agreement is presently enrolled in the school, has completed the
course of instruction or has graduated from the school.
4. Knowingly uses or attempts to use students in any commercial or
manufacturing activity related to the operation of the school and to the
school's advantage and profit; except to the extent that the school
provides the student with practical experience supplemental to the course
of instruction or except in the case of students who are employed by the
school and compensated for such employment.
(Source: P.A. 85-1382.)
|
(225 ILCS 410/3B-5) (from Ch. 111, par. 1703B-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-5.
Injunction.
Upon application of the Department, the Attorney
General or any State's Attorney, the Circuit Court of each county in which
a violation of this Act or the Rules and Regulations has occurred, shall
have jurisdiction to enjoin any violation thereto.
(Source: P.A. 85-1382.)
|
(225 ILCS 410/3B-6) (from Ch. 111, par. 1703B-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-6.
Private right of action.
Any person who suffers damages
as a result of a violation described or enumerated in this Article
committed by any school or its representative may bring an action against
such school. The court in its discretion may award actual damages, treble
actual damages if fraud is proved, injunctive relief, and any other relief
which the court deems proper.
Such action may be commenced in the county in which the school is
located, has its principal place of business, or in the county where the
transaction or any substantial portion thereof occurred.
In any action brought by a person under this Section, the court may
award, in addition to the relief provided in this Section, reasonable
attorney's fees and costs to the prevailing party.
Either party to an action under this Section may request a trial by jury.
(Source: P.A. 85-1382; 86-1356.)
|
(225 ILCS 410/3B-10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-10. Requisites for ownership or operation of school. No person,
firm, or corporation may own, operate, or conduct a school of barbering, cosmetology,
esthetics, hair braiding, or nail technology for the purpose of teaching barbering, cosmetology,
esthetics, hair braiding, or nail technology for compensation unless licensed by the Department. A licensed school is a postsecondary educational institution authorized by the Department to provide a postsecondary education program in compliance with the requirements of this Act. An applicant shall apply to the Department on forms
provided by the Department, pay the required fees, and comply with the
following requirements:
1. The applicant must submit to the Department for | ||
| ||
a. A floor plan, drawn to a scale specified on | ||
| ||
b. A lease commitment or proof of ownership for | ||
| ||
c. (Blank).
2. An application to own or operate a school shall | ||
| ||
a. If the owner is a corporation, a copy of the | ||
| ||
b. If the owner is a partnership, a listing of | ||
| ||
c. If the applicant is an owner, a completed | ||
| ||
d. A copy of the official enrollment agreement or | ||
| ||
e. A listing of all teachers who will be in the | ||
| ||
f. A copy of the curricula that will be followed;
g. The names, addresses, and current status of | ||
| ||
h. Each application for a certificate of approval | ||
| ||
i. A copy of the school's official transcript; and
j. The required fee.
3. Each application for a license to operate a school | ||
| ||
a. To conduct the school in accordance with this | ||
| ||
b. To permit the Department to inspect the school | ||
| ||
c. To utilize only advertising and solicitation | ||
| ||
d. To screen applicants to the school prior to | ||
| ||
e. To post in a conspicuous place a statement, | ||
| ||
4. The applicant shall establish to the satisfaction | ||
| ||
5. The applicant shall comply with all rules of the | ||
| ||
6. The applicant must demonstrate employment of a | ||
| ||
7. A final inspection of the barber, cosmetology, | ||
| ||
8. A written inspection report must be made by the | ||
| ||
(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3B-11)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-11. Periodic review of barber, cosmetology, esthetics, hair braiding, and nail technology
schools. All approved schools
and courses of instruction are subject to review by the Department. The review shall include consideration of
a comparison between the graduation or completion rate for the school and the
graduation or completion rate for the schools within that classification of
schools. Consideration shall be given to complaints and information forwarded
to the Department by the Federal Trade Commission, Better Business Bureaus, the
Illinois Attorney General's Office, a State's Attorney's Office,
other State or official approval agencies, local school officials, and
interested persons. The Department shall investigate all complaints
filed with the Department about a school or its sales representatives.
A school shall retain
the records, as defined by rule, of a student
who withdraws from or drops out of the school, by written notice of
cancellation or otherwise, for any period longer than 7 years from the
student's first day of attendance. However, a school shall retain indefinitely
the transcript of each student who completes the program and
graduates from the school.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3B-12)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-12. Enrollment agreements.
(a) Enrollment agreements shall be used by barber, cosmetology, esthetics, hair braiding, and nail
technology schools licensed to operate by the Department and shall include the
following written disclosures:
(1) The name and address of the school and the | ||
| ||
(2) The name and description of the course of | ||
| ||
(3) The scheduled starting date and calculated | ||
| ||
(4) The total cost of the course of instruction | ||
| ||
(5) A clear and conspicuous statement that the | ||
| ||
(6) A clear and conspicuous caption, "BUYER'S RIGHT | ||
| ||
(7) A notice to the students that the cancellation | ||
| ||
(8) The school's refund policy for unearned tuition, | ||
| ||
(9) The date of the student's signature and the date | ||
| ||
(10) The name of the school employee or agent | ||
| ||
(11) A clear statement that the institution does not | ||
| ||
(12) The graduation requirements of the school;
(13) The contents of the following notice, in at | ||
| ||
"NOTICE TO THE STUDENT"
"Do not sign this contract before you read it or if it | ||
| ||
(14) A statement either in the enrollment agreement | ||
| ||
(15) The following clear and conspicuous caption: | ||
| ||
(b) If the enrollment is negotiated orally in a language other than English,
then copies
of the above disclosures shall be tendered in the language in which the
contract was negotiated prior to executing the enrollment agreement.
(c) The school shall comply with all applicable requirements of the Retail
Installment Sales Act in its enrollment agreement or student contracts.
(d) No enrollment agreement or student contract shall contain a wage
assignment provision or a confession of judgment clause.
(e) Any provision in an enrollment agreement or student contract that
purports
to waive the student's right to assert against the school, or any assignee, any
claim or defense he or she may have against the school arising under the
contract shall be void.
(f) Two copies of the enrollment agreement shall be signed by the
student. One copy shall be given to the student and the school shall retain
the other copy as part of the student's permanent record.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3B-13)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-13. Rules; refunds. Schools regulated under this Section shall
issue refunds based on the following schedule. The refund policy shall provide
that:
(1) Schools shall, when a student gives written | ||
| ||
(a) When notice of cancellation is given within 5 | ||
| ||
(b) When notice of cancellation is given after | ||
| ||
(c) When notice of cancellation is given after | ||
| ||
(d) When a student has completed 5% or more of | ||
| ||
(2) Applicants not accepted by the school shall | ||
| ||
(3) Application and registration fees shall be | ||
| ||
(4) Deposits or down payments shall become part of | ||
| ||
(5) The school shall mail a written acknowledgement | ||
| ||
(6) If the school cancels or discontinues a course, | ||
| ||
(7) Except as otherwise provided by this Act, all | ||
| ||
(8) A student shall give notice of cancellation to | ||
| ||
(9) A school may make refunds which exceed those | ||
| ||
(10) Each student and former student shall be | ||
| ||
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3B-14)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-14.
Notice of accreditation problems.
A school shall provide the
Department with a copy of any notice of warning or suspension or revocation
received from any accrediting agency within 15 days of receipt of the notice.
The school shall also notify the Department of any loss or withdrawal of
accreditation. The school shall at the same time inform the Department in
writing on actions being taken to correct deficiencies cited.
(Source: P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/3B-15)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-15. Grounds for disciplinary action. In addition to any
other cause herein set forth the Department may refuse to issue or renew and
may suspend, place on probation, or revoke any license to operate a school, or
take any other disciplinary or non-disciplinary action that the Department may deem proper, including the
imposition of fines not to exceed $5,000 for each violation, for any
one or any combination of the following causes:
(1) Repeated violation of any provision of this Act | ||
| ||
(2) Knowingly furnishing false, misleading, or | ||
| ||
(3) Violation of any commitment made in an | ||
| ||
(4) Presenting to prospective students information | ||
| ||
(5) Failure to provide premises or equipment or to | ||
| ||
(6) Failure to maintain financial resources adequate | ||
| ||
(7) Refusal to admit applicants on account of race, | ||
| ||
(8) Paying a commission or valuable consideration to | ||
| ||
(9) Attempting to confer a fraudulent degree, | ||
| ||
(10) Failure to correct any deficiency or act of | ||
| ||
(11) Conduct of business or instructional services | ||
| ||
(12) Failure to make all of the disclosures or making | ||
| ||
(13) Failure to make appropriate refunds as required | ||
| ||
(14) Denial, loss, or withdrawal of accreditation by | ||
| ||
(15) During any calendar year, having a failure rate | ||
| ||
(16) Failure to maintain a written record indicating | ||
| ||
(17) Failure to maintain a copy of the student record | ||
| ||
(Source: P.A. 98-911, eff. 1-1-15; 99-143, eff. 7-27-15.)
|
(225 ILCS 410/3B-16) (Section scheduled to be repealed on January 1, 2026) Sec. 3B-16. Department of Corrections.
The Secretary may waive any requirement of this Act or of the rules enacted by the Department pursuant to this Act pertaining to the operation of a barber, cosmetology, esthetics, hair braiding, or nail technology school owned or operated by the Department of Corrections and located in a correctional facility to educate inmates that is inconsistent with the mission or operations of the Department of Corrections or is detrimental to the safety and security of any correctional facility. Nothing in this Section 3B-16 exempts the Department of Corrections from the necessity of licensure.
(Source: P.A. 98-911, eff. 1-1-15.) |
(225 ILCS 410/3B-17) (Section scheduled to be repealed on January 1, 2026) Sec. 3B-17. Sale of school. Any school licensed under this Act that is subsequently sold to another party shall notify the Department in writing of the sale at least 30 days in advance of the effective date of the transfer of ownership. Upon filing of this notice with the Department, the new owner may continue to operate the school under the previously issued license provided that the new owner submits an application for licensure to the Department in accordance with the requirements of this Act within 30 days after the effective date of the transfer of ownership. The new owner may continue to operate the school under the previous license after submitting such application until the Department issues a new license or denies issuance of a license, whichever occurs first. The Department shall provide for administration of this Section by rule.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/3B-18) (Section scheduled to be repealed on January 1, 2026) Sec. 3B-18. Internship. A school may offer an internship program as part of its curriculum subject to the rules of the Department.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/Art. IIIC heading) ARTICLE IIIC.
NAIL TECHNICIANS
|
(225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3C-1. Definitions. "Nail technician" means any person who for
compensation manicures, pedicures, or decorates nails, applies artificial applications
by hand or with mechanical or electrical
apparatus or appliances, or in any way beautifies the nails or the skin of the
hands or feet including massaging the hands, arms, elbows, feet, lower legs,
and
knees of another
person for other than the treatment of medical disorders.
However, nail technicians are prohibited from using techniques, products, and practices intended to affect the living layers of the skin. The
term nail technician includes rendering advice on what is cosmetically
appealing, but no person licensed under this Act shall render advice on what is
appropriate medical treatment for diseases of the nails or skin.
"Nail technician teacher" means an individual licensed by
the Department to provide instruction in the theory and practice of nail
technology to students in an approved nail technology school.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/3C-2) (from Ch. 111, par. 1703C-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3C-2. License; qualifications. A
person is
qualified to receive a license as a nail
technician if that person applies in writing on forms provided by the
Department, pays the required fee, and:
(a) Is at least 16 years of age;
(b) Is beyond the age of compulsory school attendance | ||
| ||
(c) Has graduated from a school of cosmetology or | ||
| ||
(d) Has passed an examination authorized by the | ||
| ||
(e) Has met any other requirements of this Act.
Time spent in the study of nail technology under the laws of another
state or territory of the United States, or of a foreign country or
province, shall be credited toward the period of study required by the
provisions of subsection (c).
(Source: P.A. 94-451, eff. 12-31-05.)
|
(225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3C-3. Licensure as a nail technology teacher; qualifications.
(a) A person
is qualified to receive a license as a nail technology teacher if that person
has filed an application on forms provided by the Department, paid the required
fee, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a cosmetologist or nail | ||
| ||
(4) has either: (1) completed a program of 500 hours | ||
| ||
(5) who has passed an examination authorized by the | ||
| ||
(b) An applicant who receives a license as a nail technology teacher
shall not be required to maintain a
license as a nail technician.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/3C-4)
Sec. 3C-4. (Repealed).
(Source: P.A. 90-602, eff. 1-1-99. Repealed by P.A. 94-451, eff. 12-31-05.)
|
(225 ILCS 410/3C-5)
Sec. 3C-5. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 94-451, eff. 12-31-05.)
|
(225 ILCS 410/3C-6) (from Ch. 111, par. 1703C-6)
Sec. 3C-6.
(Repealed).
(Source: P.A. 87-786. Repealed by P.A. 89-387, eff. 1-1-96.)
|
(225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3C-7. Examinations; failure or refusal to take examination. The
Department shall authorize examinations of applicants for licenses as nail
technicians and teachers of nail
technology at the times and places as it may determine. An applicant for licensure as a nail technician who has completed 280 hours in the study of nail technology may take the examination.
The Department shall authorize not less than 4 examinations for
licenses as nail
technicians, and nail technology teachers in a calendar
year.
If an applicant neglects, fails without an approved excuse, or refuses to
take the next available examination offered for licensure
under this Act,
the fee paid by the applicant shall be forfeited to the Department and the
application denied. If an applicant fails to pass an examination for
licensure under this Act within 3 years after filing an
application,
the application shall be denied. Nevertheless, the applicant may thereafter
make a new application for examination, accompanied by the required fee,
if he or she meets the requirements in effect at the time of reapplication.
If an applicant for licensure as a nail
technician or nail technology teacher is
unsuccessful at 3 examinations conducted by the Department, the
applicant
shall, before taking a subsequent examination, furnish evidence of
successfully completing (i) for a nail technician, not less than 60 hours
of additional study of nail
technology in a licensed school of cosmetology approved
to
teach nail technology or nail
technology and (ii) for a nail technology teacher, not less than 80 hours of
additional study in teaching methodology and educational psychology in an
approved school of cosmetology or nail technology since
the applicant last took the examination.
An applicant who fails the fourth examination shall not
again be admitted to an examination unless: (i) in the case of an
applicant for a license as a nail technician, the applicant again takes
and completes a total of 350 hours in the study of nail technology in an
approved school of cosmetology or nail technology extending over a
period that commences after the applicant fails to pass the fourth examination
and that is not less than 8 weeks nor more than 2 consecutive years in
duration; or (ii) in the case of an applicant for licensure as a nail
technology teacher, the applicant again takes and completes a program of 625
hours of teacher training in a licensed school of cosmetology, or nail
technology, except that if the applicant had 2 years of practical experience as
a licensed nail technician within 5 years preceding the initial examination
taken by the applicant, the applicant must again take and complete a program
of 500
hours of teacher training in a licensed school of cosmetology approved to teach
nail technology, or a licensed school of nail technology.
Each applicant for licensure as a nail technician shall
be given a written examination
testing both theoretical and practical knowledge, which shall include, but
not be limited to, questions that determine the applicant's knowledge of
product chemistry, sanitary rules, sanitary procedures,
hazardous chemicals and exposure minimization, this
Act, and labor and compensation laws.
The examination for licensure as a nail technology teacher may
include knowledge of the subject matter, teaching methodology, classroom
management, record keeping, and any other subjects that the Department in its
discretion may deem necessary to insure competent performance.
This Act does not prohibit the practice of nail technology by a person
who has applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a nail
technician, or the teaching of nail technology by one who has applied in
writing to the Department, in form and substance satisfactory to the
Department, for a license as a nail technology teacher, if the person has
complied with all the provisions of this Act in order
to qualify for a license, except the passing of an
examination to be eligible to receive a license, until: (a)
the expiration of 6 months after the filing of the written application, or (b)
the decision of the Department that the applicant has failed to pass an
examination within 6 months or failed without an approved excuse to take an
examination conducted within 6 months by the Department, or (c) the
withdrawal of the application.
(Source: P.A. 100-642, eff. 1-1-19; 100-934, eff. 1-1-19.)
|
(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3C-8. License renewal; expiration; continuing education;
persons in military service. The holder of a license
issued under this Article may renew that license during the
month preceding the expiration date of the license by
paying the required fee and giving evidence, as the Department may prescribe,
of completing not
less than 10 hours of continuing education for a nail technician
and 20 hours of continuing education for a nail technology teacher, within
the 2 years prior
to renewal. The continuing education shall be in subjects approved by the
Department upon recommendation of the Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Board relating to the practice of nail technology,
including, but not limited to, review of sanitary procedures, review of
chemical service procedures, review of this Act, and review of the Workers'
Compensation Act. However, at least 10 of the hours of continuing education
required for a nail technology teacher
shall be in subjects relating to
teaching methodology, educational psychology, and classroom management or in
other subjects related to teaching. For the initial renewal of a nail technician's license which requires continuing education, as prescribed by rule, one hour of the continuing education shall include domestic violence and sexual assault awareness education as prescribed by rule of the Department. For every subsequent renewal of a nail technician's license, one hour of the continuing education may include domestic violence and sexual assault awareness education as prescribed by rule of the Department. The one-hour domestic violence and sexual assault awareness continuing education course shall be provided by a continuing education provider approved by the Department, except that completion from March 12, 2016 to March 15, 2016 of a one-hour domestic violence and sexual assault awareness course from a domestic violence and sexual assault awareness organization shall satisfy this requirement.
The Department may prescribe rules regarding the requirements for domestic violence and sexual assault awareness continuing education courses and teachers. The Department, in its discretion, may waive enforcement of the continuing
education requirement in this Section, including the domestic violence and sexual assault awareness education requirement, and shall adopt rules defining the
standards and criteria for such waiver, under the following circumstances:
(a) the licensee resides in a locality where it is | ||
| ||
(b) the licensee's compliance with the continuing | ||
| ||
(c) the licensee is serving in the United States | ||
| ||
(d) the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15; 99-766, eff. 1-1-17.)
|
(225 ILCS 410/3C-9)
Sec. 3C-9. (Repealed).
(Source: P.A. 98-911, eff. 1-1-15. Repealed by P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3C-10) (Section scheduled to be repealed on January 1, 2026) Sec. 3C-10. Inactive status. Any nail technician or nail technology teacher who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status. Any nail technician or nail technology teacher requesting restoration from inactive status shall be required to pay the current renewal fee and to qualify for the restoration of his or her license, subject to rules of the Department. A license shall not be restored from inactive status unless the nail technician or nail technology teacher requesting the restoration completes the number of hours of continuing education required for renewal of a license under Section 3C-8. Any nail technician or nail technology teacher whose license is in inactive status shall not practice in the State of Illinois.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/Art. IIID heading) ARTICLE IIID. COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
AND NAIL TECHNOLOGY SALONS AND BARBER SHOPS
(Source: P.A. 96-1246, eff. 1-1-11.) |
(225 ILCS 410/3D-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3D-5. Requisites for ownership or operation of cosmetology,
esthetics, hair braiding, and nail technology salons and barber shops. (a) No person, firm, partnership, limited liability company, or corporation
shall own or operate a cosmetology, esthetics, hair braiding, or nail technology salon or
barber shop or employ, rent space to, or independently contract with any licensee under this Act without applying on forms provided by the Department for a
certificate of registration.
(b) The application for a certificate of registration under this Section
shall
set forth the name, address, and telephone number of the proposed cosmetology,
esthetics, hair braiding, or nail technology salon or barber shop; the name, address, and
telephone number of the person, firm, partnership, or corporation that is to
own or operate the salon or shop; and, if the salon or shop is to be owned or
operated by an entity other than an individual, the name, address, and
telephone number of the managing partner or the chief executive officer of the
corporation or other entity that owns or operates the salon or shop.
(c) The Department shall be notified by the owner or operator of a salon or
shop that is moved to a new location. If there is a change in the ownership or
operation of a salon or shop, the new owner or operator shall report that
change to the Department along with completion of any additional requirements
set forth by rule.
(d) If a person, firm, partnership, limited liability company, or
corporation owns or operates more than one shop or salon, a separate
certificate of registration must be obtained for each salon or shop.
(e) A certificate of registration granted under this Section may be revoked
in accordance with the provisions of Article IV and the holder of the
certificate may be otherwise disciplined by the Department in accordance with
rules adopted under this Act.
(f) The Department may promulgate rules to establish additional
requirements for owning or operating a salon or shop. (g) The requirement of a certificate of registration as set forth in this Section shall also apply to any person, firm, partnership, limited liability company, or corporation providing barbering, cosmetology, esthetics, hair braiding, or nail technology services at any location not owned or rented by such person, firm, partnership, limited liability company, or corporation for these purposes or from a mobile shop or salon. Notwithstanding any provision of this Section, applicants for a certificate of registration under this subsection (g) shall report in its application the address and telephone number of its office and shall not be required to report the location where services are or will be rendered. Nothing in this subsection (g) shall apply to a sole proprietor who has no employees or contractors and is not operating a mobile shop or salon.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/Art. IIIE heading) ARTICLE IIIE. HAIR BRAIDING AND HAIR BRAIDING TEACHERS
(Source: P.A. 96-1246, eff. 1-1-11.) |
(225 ILCS 410/3E-1) (Section scheduled to be repealed on January 1, 2026) Sec. 3E-1. Hair braiding defined. "Hair braiding" means a natural form of hair manipulation by braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic fibers, and hair extensions. Such practice can be performed by hand or by using simple braiding devices including clips, combs, hairpins, scissors, needles and thread. Hair braiding includes what is commonly known as "African-style hair braiding" or "natural hair care", but is not limited to any particular cultural, ethnic, racial, or religious form of hair style. Hair braiding includes the making of customized wigs from natural hair, natural fibers, synthetic fibers, and hair extensions. Hair braiding does not involve the use of penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles, or chemical hair bleaching agents applied to growing human hair. Hair braiding does not include the cutting or growing of human hair, but may include the trimming of hair extensions or sewn weave-in extensions only as applicable to the braiding process.
(Source: P.A. 96-1246, eff. 1-1-11.) |
(225 ILCS 410/3E-2) (Section scheduled to be repealed on January 1, 2026) Sec. 3E-2. Hair braider licensure; qualifications. (a) A person is qualified to receive a license as a hair braider if he or she has filed an application on forms provided by the Department, paid the required fees, and meets the following qualifications: (1) Is at least 16 years of age; (2) Is beyond the age of compulsory school attendance | ||
| ||
(3) Has completed a program consisting of a minimum | ||
| ||
(A) Basic training consisting of 35 hours of | ||
| ||
(B) Related concepts consisting of 35 hours of | ||
| ||
(C) Practices and procedures consisting of 200 | ||
| ||
(D) Business practices consisting of 30 hours of | ||
| ||
(b) The expiration date and renewal period for each license issued under this Act shall be set by rule. (c) Within 2 years after the effective date of this amendatory Act of the 96th General Assembly, the Department may issue a hair braider license to any applicant who does not meet the requirements of items (2) and (3) of subsection (a) of this Section if the applicant: (1) files an application in accordance with subsection (a), (2) pays the required fee, (3) has not committed an offense that would be grounds for discipline under this Act, and (4) is able to demonstrate to the Department through tax records or affidavits that he or she has practiced hair braiding for at least 2 consecutive years immediately prior to the date of his or her application. A hair braider who obtains his or her license under this subsection (c) may renew his or her license if he or she applies to the Department for renewal and has completed at least 65 hours of relevant training in health, safety, hygiene, and business management in accordance with the requirements of this Section or any rule adopted pursuant to this Section. A hair braider who renews his or her license under this subsection (c) may thereafter only renew his or her license if he or she meets the requirements of Section 3E-5 of this Act.
(Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11.) |
(225 ILCS 410/3E-3) (Section scheduled to be repealed on January 1, 2026) Sec. 3E-3. Hair braiding teacher licensure. A hair braiding teacher license shall be made available by the Department. The qualifications for a hair braiding teacher license shall be provided by rule, and shall include at least 600 clock hours or a 20 credit hour equivalency in relevant teaching methods and curriculum content, or at least 500 clock hours of hair braiding teacher training for an individual who is able to establish that he or she has had at least 2 years of practical experience.
(Source: P.A. 96-1246, eff. 1-1-11.) |
(225 ILCS 410/3E-4)
Sec. 3E-4. (Repealed).
(Source: P.A. 96-1246, eff. 1-1-11. Repealed by P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3E-5) (Section scheduled to be repealed on January 1, 2026) Sec. 3E-5. License renewal. To renew a license issued under this Article, an individual must produce proof of successful completion of 10 hours of continuing education for a hair braider license and 20 hours of continuing education for a hair braiding teacher license. For the initial renewal of a hair braider's license which requires continuing education, as prescribed by rule, one hour of the continuing education shall include domestic violence and sexual assault awareness education as prescribed by rule of the Department. For every subsequent renewal of a hair braider's license, one hour of the continuing education may include domestic violence and sexual assault awareness education as prescribed by rule of the Department. The one-hour domestic violence and sexual assault awareness continuing education course shall be provided by a continuing education provider approved by the Department, except that completion from March 12, 2016 to March 15, 2016 of a one-hour domestic violence and sexual assault awareness course from a domestic violence and sexual assault awareness organization shall satisfy this requirement.
The Department may prescribe rules regarding the requirements for domestic violence and sexual assault awareness continuing education courses and teachers. (Source: P.A. 99-427, eff. 8-21-15; 99-766, eff. 1-1-17.) |
(225 ILCS 410/3E-6) (Section scheduled to be repealed on January 1, 2026) Sec. 3E-6. Immunity from prosecution. The Department shall take no action against any person for unlicensed practice as a hair braider that occurred prior to the effective date of this amendatory Act of the 96th General Assembly. The Department shall not use any information provided in an application for a license pursuant to subsection (c) of Section 3E-2 as evidence of unlicensed practice under Article III prior to the date of application.
(Source: P.A. 96-1246, eff. 1-1-11.) |
(225 ILCS 410/3E-7) (Section scheduled to be repealed on January 1, 2026) Sec. 3E-7. Inactive status. Any hair braider or hair braiding teacher who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status. Any hair braider or hair braiding teacher requesting restoration from inactive status shall be required to pay the current renewal fee and to qualify for the restoration of his or her license, subject to rules of the Department. A license shall not be restored from inactive status unless the hair braider or hair braiding teacher requesting the restoration completes the number of hours of continuing education required for renewal of a license under Section 3E-5. Any hair braider or hair braiding teacher whose license is in inactive status shall not practice in the State of Illinois.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/Art. IV heading) ARTICLE IV
ADMINISTRATION & ENFORCEMENT
|
(225 ILCS 410/4-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-1. Powers and duties of Department. The Department shall
exercise, subject to the provisions of this Act, the following functions,
powers and duties:
(1) To cause to be conducted examinations to | ||
| ||
(2) To determine the qualifications for licensure as | ||
| ||
(3) To prescribe rules for:
(i) The method of examination of candidates for | ||
| ||
(ii) Minimum standards as to what constitutes an | ||
| ||
(4) To conduct investigations or hearings on | ||
| ||
(5) To prescribe reasonable rules governing the | ||
| ||
(6) To prescribe reasonable rules for the method of | ||
| ||
(7) To prescribe reasonable rules for the method of | ||
| ||
(8) To adopt rules concerning sanitation | ||
| ||
(Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15.)
|
(225 ILCS 410/4-1.5)
Sec. 4-1.5. (Repealed).
(Source: P.A. 89-706. eff. 1-31-97. Repealed by P.A. 94-451, eff. 12-31-05.)
|
(225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology
Board. There is established within the Department the Barber,
Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board, composed of 11
persons, which shall serve in an advisory capacity to the Secretary
in all matters related to the practice of barbering, cosmetology,
esthetics, hair braiding, and nail technology.
The 11 members of the Board shall be appointed as follows: 6 licensed
cosmetologists, all of whom hold a
current license as a cosmetologist or cosmetology teacher and, for appointments
made
after the effective date of this amendatory Act of 1996, at least
2 of whom shall be an owner of or a major stockholder in a school
of cosmetology,
2 of whom shall be representatives of either a franchiser or an owner operating salons in 2 or more locations within the State, one of whom shall be
an independent salon owner,
and no one of the
cosmetologist members shall be a manufacturer, jobber, or stockholder in a
factory of
cosmetology articles or an immediate family member of any of the above; one of
whom shall be a barber holding a current license; one member who shall be a
licensed esthetician or esthetics teacher; one member who shall be a licensed
nail technician or nail technology teacher; one member who shall be a licensed hair braider or hair braiding teacher; and one public member who holds no
licenses issued by the Department. The Secretary shall give due consideration for membership to
recommendations by members of the professions and by their professional
organizations. Members shall serve 4 year terms and until their successors
are appointed and qualified. No member shall be reappointed to the Board for more than 2
terms. Appointments to fill vacancies shall be made in the same manner as
original appointments for the unexpired portion of the vacated term. Members
of
the Board in office on the effective date of this amendatory Act of
1996
shall continue to serve for the duration of the terms to which they have been
appointed, but beginning on that effective date all appointments of licensed
cosmetologists and barbers to serve as members of the Board shall be made
in a manner that will effect at the earliest possible date the changes made by
this amendatory Act of 1996 in the representative composition of
the
Board.
For the initial appointment of a member who shall be a hair braider or hair braiding teacher to the Board, such individual shall not be required to possess a license at the time of appointment, but shall have at least 5 years active practice in the field of hair braiding and shall obtain a license as a hair braider or a hair braiding teacher within 18 months after appointment to the Board. Six members of the Board shall constitute a quorum. A
majority is required for Board decisions.
The Board shall elect a chairperson and a vice chairperson annually. Board members are not liable for their acts, omissions, decisions, or other conduct in connection with their duties on the Board, except those determined to be willful, wanton, or intentional misconduct.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-3) (from Ch. 111, par. 1704-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-3.
Applications.
Every person who desires to obtain a license shall
apply therefor to the Department
in writing, on forms prepared and furnished by the Department.
Each application shall contain proof of the particular qualifications
required of the applicant, shall be verified by the applicant under oath,
and shall be accompanied by the required fee.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
|
(225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-4. Issuance of license. Whenever the provisions
of this Act have been complied with, the Department shall issue a license as a
cosmetologist, esthetician,
nail technician, hair braider, or barber, a license as
a cosmetology, esthetics, nail technology, hair braiding, or barber teacher,
or a license as a cosmetology clinic teacher
as the case may be.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/4-4a)
Sec. 4-4a. (Repealed).
(Source: P.A. 89-387, eff. 1-1-96. Repealed by P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-5) (from Ch. 111, par. 1704-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-5. Fees; time limitations.
(a) Except as provided in paragraph (b) below, the fees for the
administration and enforcement of this Act, including but not limited
to fees for original licensure, renewal, and
restoration shall be set by the Department by rule. The fees shall
not be refundable.
(b) Applicants for examination shall be required to pay, either
to the Department or the designated testing service, a fee covering
the cost of initial screening to determine eligibility and providing
the examination. Failure to appear for the examination on the scheduled
date at the time and place specified, after the applicant's application
for examination has been received and acknowledged by the Department
or the designated testing service, shall result in the forfeiture of the
examination fee.
(c) If an applicant fails to pass an examination for
licensure under
this Act within 3 years after filing his application, the application shall
be denied. However, such applicant may thereafter make a new application
for examination accompanied by the required fee.
(d) An individual applying on the basis of endorsement or restoration of
licensure has 3 years from the date of application to complete the
application process. If the process has not been completed in 3 years,
the application shall be denied, the fee forfeited. The
applicant may reapply, but shall meet the requirements in effect at the
time of reapplication.
(e) An applicant has one year from the date of notification of
successful completion of the examination to apply to the Department for a
license. If an applicant fails to apply within one year the applicant
shall be required to take and pass the examination again.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-5.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-5.1. Deposit of fees and fines. Beginning July 1, 1995, all of the
fees and fines collected under this Act shall be deposited into the General
Professions Dedicated Fund.
The funds deposited under this Act into the General Professions Dedicated
Fund, may be used by the Department to publish and distribute a newsletter to
all persons licensed under this Act; such a newsletter should contain
information about any changes in the Act or administrative rules concerning licensees. If
appropriate funding is available, the Department may also distribute to all
persons licensed under this Act copies of this Act and the appropriate
administrative rules that apply, during the renewal process.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/4-6) (from Ch. 111, par. 1704-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-6. Payments; penalty for insufficient funds. Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this
Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the
Secretary finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 96-1246, eff. 1-1-11.)
|
(225 ILCS 410/4-6.1) Sec. 4-6.1. Applicant convictions. (a) When reviewing a conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant, the Department may only deny a license based upon consideration of mitigating factors provided in subsection (c) of this Section for a felony directly related to the practice of cosmetology, esthetics, hair braiding, nail technology, and barbering. (b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of cosmetology, esthetics, hair braiding, nail technology, and barbering: (1) first degree murder; (2) second degree murder; (3) drug induced homicide; (4) unlawful restraint; (5) aggravated unlawful restraint; (6) forcible detention; (7) involuntary servitude; (8) involuntary sexual servitude of a minor; (9) predatory criminal sexual assault of a child; (10) aggravated criminal sexual assault; (11) criminal sexual assault; (12) criminal sexual abuse; (13) aggravated kidnaping; (14) aggravated robbery; (15) armed robbery; (16) kidnapping; (17) aggravated battery; (18) aggravated vehicular hijacking; (19) terrorism; (20) causing a catastrophe; (21) possession of a deadly substance; (22) making a terrorist threat; (23) material support for terrorism; (24) hindering prosecution of terrorism; (25) armed violence; (26) any felony based on consumer fraud or deceptive | ||
| ||
(27) any felony requiring registration as a sex | ||
| ||
(28) attempt of any the offenses set forth in | ||
| ||
(29) convictions set forth in Section 4-20 of this | ||
| ||
(c) The Department shall consider any mitigating factors contained in the record, when determining the appropriate disciplinary sanction, if any, to be imposed. In addition to those set forth in Section 2105-130 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, mitigating factors shall include the following: (1) the bearing, if any, the criminal offense or | ||
| ||
(2) the time that has elapsed since the criminal | ||
| ||
(3) the age of the person at the time of the criminal | ||
| ||
(d) The Department shall issue an annual report by January 31, 2018 and by January 31 each year thereafter, indicating the following: (1) the number of initial applicants for a license | ||
| ||
(2) the number of initial applicants for a license | ||
| ||
(3) the number of applicants with a conviction who | ||
| ||
(4) the number of applicants denied a license under | ||
| ||
(5) the number of applicants denied a license under | ||
| ||
(e) Nothing in this Section shall prevent the Department taking disciplinary or non-disciplinary action against a license as set forth in paragraph (2) of subsection (1) of Section 4-7 of this Act.
(Source: P.A. 99-876, eff. 1-1-17.) |
(225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-7. Refusal, suspension and revocation of licenses; causes;
disciplinary action. (1) The Department may refuse to issue or renew, and
may suspend, revoke, place on probation, reprimand or take any other
disciplinary or non-disciplinary action as the Department may deem proper, including civil
penalties not to exceed $500 for each violation, with regard to any
license for any one, or any combination, of
the
following causes:
a. For licensees, conviction of any crime under the | ||
| ||
b. Conviction of any of the violations listed in | ||
| ||
c. Material misstatement in furnishing information to | ||
| ||
d. Making any misrepresentation for the purpose of | ||
| ||
e. Aiding or assisting another person in violating | ||
| ||
f. Failing, within 60 days, to provide information in | ||
| ||
g. Discipline by another state, territory, or country | ||
| ||
h. Practice in the barber, nail technology, | ||
| ||
i. Gross malpractice or gross incompetency.
j. Continued practice by a person knowingly having an | ||
| ||
k. Solicitation of professional services by using | ||
| ||
l. A finding by the Department that the licensee, | ||
| ||
m. Directly or indirectly giving to or receiving from | ||
| ||
n. Violating any of the provisions of this Act or | ||
| ||
o. Willfully making or filing false records or | ||
| ||
p. Habitual or excessive use or addiction to alcohol, | ||
| ||
q. Engaging in dishonorable, unethical or | ||
| ||
r. Permitting any person to use for any unlawful or | ||
| ||
s. Being named as a perpetrator in an indicated | ||
| ||
t. Operating a salon or shop without a valid | ||
| ||
u. Failure to complete required continuing education | ||
| ||
(2) In rendering an order, the Secretary shall take into
consideration the facts and circumstances involving the type of acts
or omissions in paragraph (1) of this Section including, but not limited to:
(a) the extent to which public confidence in the | ||
| ||
(b) the degree of trust and dependence among the | ||
| ||
(c) the character and degree of harm which did result | ||
| ||
(d) the intent or mental state of the licensee at the | ||
| ||
(3) The Department may reissue the license or registration upon
certification by the Board that the disciplined licensee or registrant
has complied with all of the terms and conditions set forth in the final
order or has been sufficiently rehabilitated to warrant the public trust.
(4) The Department shall refuse to issue or renew or suspend without hearing the license or
certificate of registration
of any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied as determined by the Department of Revenue.
(5) (Blank).
(6) All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine. (Source: P.A. 99-427, eff. 8-21-15; 99-876, eff. 1-1-17; 100-872, eff. 8-14-18.)
|
(225 ILCS 410/4-8) (from Ch. 111, par. 1704-8)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-8. Persons in need of
mental treatment. The determination by a circuit
court that a licensee is
subject to involuntary admission or judicial admission as provided
in the Mental Health and Developmental Disabilities Code operates as an
automatic suspension. Such suspension shall end only upon a finding
by a court that the patient is no longer subject to involuntary
admission or judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the Board
to the Secretary that the licensee be allowed to
resume his practice.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-9. Practice without a license or after suspension or revocation
thereof. (a) If any person violates the provisions of this Act, the Secretary
may, in the name of the People of the State of Illinois, through the
Attorney General of the State of Illinois, petition, for an order
enjoining such violation or for an order enforcing compliance with
this Act. Upon the filing of a verified petition in such court, the
court may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the Court may punish the offender for
contempt of court. Proceedings under this Section shall be in
addition to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) If any person shall practice as a barber, cosmetologist, nail
technician, hair braider, or esthetician, or teacher thereof or cosmetology clinic teacher or hold himself or herself out as such
without being licensed under the provisions of this Act, any
licensee, any interested party, or any person injured thereby
may, in addition to the Secretary, petition for relief as provided in subsection
(a) of this Section.
(c) Whenever in the opinion of the Department any person, firm, corporation, or other legal entity has violated
any provision of Section 1-7 or 3D-5 of this Act, the Department may issue a rule to show
cause why an order to cease and desist should not be entered against
that person, firm, corporation, or legal entity. The rule shall clearly set forth the grounds relied upon by
the Department and shall provide a period of 7 days from the date of
the rule to file an answer to the satisfaction of the Department.
Failure to answer to the satisfaction of the Department shall cause
an order to cease and desist to be issued immediately.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-10) (from Ch. 111, par. 1704-10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-10. Refusal, suspension and revocation of
licenses; investigations and hearing.
The Department may upon its own motion and shall, upon the
verified complaint in writing of any person setting forth the facts
which if proven would constitute grounds for disciplinary action as
set forth in Section 4-7, investigate the actions of any person
holding or claiming to hold a license.
The Department shall, at least 30 days prior to the date set for
the hearing, notify in writing the applicant or the holder of that license of any charges made and shall afford the accused person
an opportunity to be heard in person or by counsel in reference
thereto. The Department shall
direct the applicant or licensee to file a written answer to the Board under
oath within 20 days after the service of the notice and inform the applicant
or licensee that failure to file an answer will result in default being
taken against the applicant or licensee and that the license
may be
suspended, revoked, placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature or extent of
practice, as the Secretary may deem proper.
The written notice may be served by the delivery of the
notice personally to the accused person, or by mailing the notice by
registered or certified mail to the address of record.
In case the person fails to file an answer after receiving notice, his or
her license or certificate may, in the discretion of the Department be
suspended, revoked, or placed on probationary status, or the Department, may
take whatever disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the imposition of a
fine, without a hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act.
At the time and place fixed in the notice, the Board
shall proceed to hearing of the
charges and the accused person shall be
accorded ample opportunity to present in person or by counsel, any
statements, testimony, evidence and arguments as may be pertinent to
the charges or their defense. The Board may continue a
hearing from time to time.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-11) (from Ch. 111, par. 1704-11)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-11. Record of proceedings.
The Department, at its expense, shall provide a stenographer to
take down the testimony and preserve a record of all proceedings at
the hearing of any case wherein a license is revoked or
suspended. The notice of hearing, complaint and all other documents
in the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the Board
and the orders of the Department shall be the record of
such proceedings.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/4-12) (from Ch. 111, par. 1704-12)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-12. Department may take testimony - oaths. The Department shall have power to subpoena and bring before it
any person in this State and to take testimony either orally or by
deposition, or both, with the same fees and mileage and in the same
manner as prescribed by law in judicial procedure in civil cases in
courts of this State.
The Secretary, any hearing officer appointed by the Secretary, and any member of the Board shall
each have power to administer oaths to witnesses at any hearing
which the Department is authorized by law to conduct, and any other
oaths required or authorized in any Act administered by the Department.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/4-13) (from Ch. 111, par. 1704-13)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-13. Attendance of witnesses and production of
documents. Any circuit court or any judge thereof, upon
the application of the accused person or
of the Department, may by order duly entered, require the
attendance of witnesses and the production of relevant books
and papers before the Department in any hearing relative to
the application for or refusal, recall, suspension or
revocation of license, and the court
or judge may compel obedience to its or his order by
proceedings for contempt.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-14) (from Ch. 111, par. 1704-14)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-14. Report of Board; rehearing.
The Board shall present to the Secretary its written report
of its findings and recommendations. A copy of such report shall be
served upon the accused person, either personally or by registered mail as
provided in this Section for the service of the notice.
Within 20 days after such service, said accused person may
present to the Department his or her motion in writing for rehearing, which
written motion shall specify the particular grounds therefor. If
said accused person shall order and pay for a transcript of the
record as provided in this Section, the time elapsing thereafter and
before such transcript is ready for delivery to him or her shall not be
counted as part of such 20 days.
Whenever the Secretary is satisfied that substantial justice has
not been done, he or she may order a re-hearing by the same or a
special committee. At the expiration of the time specified for
filing a motion or a rehearing the Secretary shall have the right to
take the action recommended by the Board. Upon the suspension
or revocation of his or her license a
licensee shall be required to surrender his or her
license to the Department, and upon his or
her failure or refusal so to do, the Department shall have the right to seize
the same.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-15) (from Ch. 111, par. 1704-15)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-15. Hearing officer.
Notwithstanding the provisions of Section 4-10, the Secretary shall
have the authority to appoint any attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in any
action for refusal to issue or renew, or discipline of a
license. The hearing officer shall have full
authority to conduct the hearing. The hearing officer shall report
his or her findings and recommendations to the Board and the Secretary.
The Board shall have 60 days from receipt of the report to
review the report of the hearing officer and present their findings
of fact, conclusions of law, and recommendations to the Secretary. If
the Board fails to present its report within the 60 day period,
then the Secretary shall issue an order based on the report of the hearing
officer. If the Secretary disagrees in any regard with the Board's report, then he or she may issue an
order in contravention of the Board's report.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-16. Order or certified copy; prima facie proof.
An order of revocation or suspension or placing a license on probationary status or other disciplinary action as the Department may consider proper or a certified copy thereof, over the seal
of the Department and purporting to be signed by the Secretary, shall be
prima facie proof that:
1. the signature is the genuine signature of the | ||
| ||
2. the Secretary is duly appointed and qualified;
and
3. the Board and the members thereof are qualified to | ||
| ||
Such proof may be rebutted.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-17) (from Ch. 111, par. 1704-17)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-17. Restoration of license. At any time after the successful completion of a term of suspension or
revocation of a license, the Department may restore it to the licensee, upon the written recommendation of the Board, unless the Board determines after an investigation and a hearing that restoration is not in the public interest.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-18)
Sec. 4-18. (Repealed).
(Source: P.A. 89-387, eff. 1-1-96. Repealed by P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-18.5) (Section scheduled to be repealed on January 1, 2026) Sec. 4-18.5. Citations. (a) The Department shall adopt rules to permit the issuance of citations for unlicensed practice, practice on an expired license, failure to register a salon or shop, operating a salon or shop on an expired registration, aiding and abetting unlicensed practice, failure to display a license as required by this Act, or any violation of sanitary rules. The citation shall be issued to the licensee or other person alleged to have committed one or more of the preceding violations and shall contain the licensee's or other person's name and address, the licensee's license number, if any, a brief factual statement, the Sections of this Act or the rules allegedly violated, and the penalty imposed, which shall not exceed $500. The citation must clearly state that if the cited person wishes to dispute the citation, he or she may request in writing, within 30 days after the citation is served, a hearing before the Department. If the cited person does not request a hearing within 30 days after the citation is served, then the citation shall become a final order and shall constitute discipline and any fine imposed is due and payable. If the cited person requests a hearing within 30 days after the citation is served, the Department shall afford the cited person a hearing conducted in the same manner as a hearing provided in this Act for any violation of this Act and shall determine whether the cited person committed the violation as charged and whether the fine as levied is warranted. No fine shall be increased but may be reduced. If the violation is found, any fine shall be due and payable within 30 days of the order of the Secretary. Failure to comply with any final order may subject the licensee or unlicensed person to further discipline or other action by the Department or a referral to the State's Attorney. (b) A citation must be issued within 6 months after the reporting of a violation that is the basis for the citation. (c) Service of a citation shall be made by personal service or certified mail to the licensee at the licensee's address of record or to an unlicensed person at his or her last known address. (d) Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to this Act and rules for additional, repeated, or continuing violations.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-19. Emergency suspension. The Secretary may temporarily suspend
the license of a barber, cosmetologist, nail technician, hair braider, esthetician or
teacher thereof or of a cosmetology clinic
teacher without a hearing, simultaneously with the institution of
proceedings for a hearing provided for in Section 4-10 of this Act, if the Secretary
finds that evidence in his possession indicates that the
licensee's continuation in practice would constitute an
imminent danger
to the public. In the event that the Secretary suspends, temporarily, this
license without a hearing, a hearing must be commenced within 30 days after
such suspension has occurred.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-20. Violations; penalties. Whoever violates any of the following
shall, for the first offense, be guilty of a Class B misdemeanor; for the
second offense, shall be guilty of a Class A misdemeanor; and for all
subsequent offenses, shall be guilty of a Class 4 felony and be fined not
less than $1,000 or more than $5,000.
(1) The practice of cosmetology, nail technology, esthetics, hair braiding, or
barbering
or an attempt to practice cosmetology, nail technology, esthetics, hair braiding, or
barbering without a license as a
cosmetologist, nail technician, esthetician, hair braider, or barber; or the practice or attempt to practice as a
cosmetology, nail technology, esthetics, hair braiding, or barber teacher without a
license as a cosmetology, nail technology,
esthetics, hair braiding, or barber teacher; or the practice or attempt to practice as a cosmetology clinic teacher without a proper license.
(2) The obtaining of or an attempt to obtain a
license
or money or any other thing of value by fraudulent misrepresentation.
(3) Practice in the barber, nail technology, cosmetology, hair braiding, or
esthetic
profession, or an attempt to practice in those professions, by fraudulent
misrepresentation.
(4) Wilfully making any false oath or affirmation whenever an
oath
or affirmation is required by this Act.
(5) The violation of any of the provisions of this Act.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/4-21) (from Ch. 111, par. 1704-21)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-21.
Review under Administrative Review Law - venue.
All final administrative decisions of the Department are subject
to judicial review pursuant to the provisions of the Administrative
Review Law, and all rules adopted pursuant thereto. The term
"administrative decision" is defined in Section 3-101 of the Code of
Civil Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for review
resides; except, that if the party is not a resident of this State,
the venue shall be Sangamon County.
(Source: P.A. 84-657.)
|
(225 ILCS 410/4-22) (from Ch. 111, par. 1704-22)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-22. Certifications of record; costs. The Department shall not be required to certify any record to the Court
or file any answer in court or otherwise appear in any Court
in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the
costs of furnishing and certifying
the record, which costs shall be determined by the Department. Exhibits shall be certified without cost. Failure on the part of the plaintiff to file a receipt in Court
shall be grounds for dismissal of the action.
(Source: P.A. 98-911, eff. 1-1-15.)
|
(225 ILCS 410/4-23)
Sec. 4-23. (Repealed).
(Source: P.A. 91-863, eff. 7-1-00. Repealed by P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/4-24) (Section scheduled to be repealed on January 1, 2026) Sec. 4-24. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 98-911, eff. 1-1-15.) |
(225 ILCS 410/4-25) (Section scheduled to be repealed on January 1, 2026) Sec. 4-25. Disposition by consent order. At any point in any investigation or disciplinary proceeding provided for in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary.
(Source: P.A. 99-427, eff. 8-21-15.) |