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90_HB0244
225 ILCS 410/1-7 from Ch. 111, par. 1701-7
225 ILCS 410/1-10 from Ch. 111, par. 1701-10
225 ILCS 410/4-1 from Ch. 111, par. 1704-1
225 ILCS 410/4-7 from Ch. 111, par. 1704-7
225 ILCS 410/4-1 from Ch. 111, par. 1704-1
225 ILCS 410/3D-5 rep.
Amends the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 to repeal all provisions requiring the
registration of cosmetology, esthetics, and nail technology
salons and barber shops with the Department of Professional
Regulation.
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1 AN ACT to amend the Barber, Cosmetology, Esthetics, and
2 Nail Technology Act of 1985 by changing Sections 1-7, 1-10,
3 4-1, and 4-7 and by repealing Section 3D-5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Barber, Cosmetology, Esthetics, and Nail
7 Technology Act of 1985 is amended by changing Sections 1-7,
8 1-10, 4-1, and 4-7 as follows:
9 (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
10 Sec. 1-7. Licensure required.
11 (a) It is unlawful for any person to practice, or to
12 hold himself or herself out to be a cosmetologist,
13 esthetician, nail technician, or barber without a license as
14 a cosmetologist, esthetician, nail technician, or barber
15 issued by the Department of Professional Regulation pursuant
16 to the provisions of this Act and of the Civil Administrative
17 Code of Illinois. It is also unlawful for any person, firm,
18 partnership, or corporation to own, operate, or conduct a
19 cosmetology, esthetics, nail technology, or barber school
20 without a license issued by the Department or to own or
21 operate a cosmetology, esthetics, or nail technology salon or
22 barber shop without a certificate of registration issued by
23 the Department. It is further unlawful for any person to
24 teach in any cosmetology, esthetics, nail technology, or
25 barber college or school approved by the Department or hold
26 himself or herself out as a cosmetology, esthetics, nail
27 technology, or barber teacher without a license as a teacher,
28 issued by the Department.
29 (b) Notwithstanding any other provision of this Act, a
30 person licensed as a cosmetologist or barber may hold himself
31 or herself out as an esthetician and may engage in the
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1 practice of esthetics, as defined in this Act, without being
2 licensed as an esthetician. A person licensed as a
3 cosmetology teacher or barber teacher may teach esthetics or
4 hold himself or herself out as an esthetics teacher without
5 being licensed as an esthetics teacher. A person licensed as
6 a cosmetologist may hold himself or herself out as a nail
7 technician and may engage in the practice of nail technology,
8 as defined in this Act, without being licensed as a nail
9 technician. A person licensed as a cosmetology teacher may
10 teach nail technology and hold himself or herself out as a
11 nail technology teacher without being licensed as a nail
12 technology teacher.
13 (c) A person licensed as a barber teacher may hold
14 himself or herself out as a barber and may practice barbering
15 without a license as a barber. A person licensed as a
16 cosmetology teacher may hold himself or herself out as a
17 cosmetologist, esthetician, and nail technologist and may
18 practice cosmetology, esthetics, and nail technology without
19 a license as a cosmetologist, esthetician, or nail
20 technologist. A person licensed as an esthetics teacher may
21 hold himself or herself out as an esthetician without being
22 licensed as an esthetician and may practice esthetics. A
23 person licensed as a nail technician teacher may practice
24 nail technology and may hold himself or herself out as a nail
25 technologist without being licensed as a nail technologist.
26 (Source: P.A. 89-387, eff. 1-1-96.)
27 (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
28 Sec. 1-10. Display. Every holder of a license shall
29 display it in a place in the holder's principal office, place
30 of business or place of employment. Whenever a licensed
31 cosmetologist, esthetician, nail technician, or barber
32 practices cosmetology, esthetics, nail technology, or
33 barbering outside of or away from the cosmetologist's,
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1 esthetician's, nail technician's, or barber's principal
2 office, place of business, or place of employment, the
3 cosmetologist, esthetician, nail technician, or barber shall
4 deliver to each person served a certificate of identification
5 in a form specified by the Department.
6 Every registered shop shall display its certificate of
7 registration at the location of the shop. Each shop where
8 barber, cosmetology, esthetics, or nail technology services
9 are provided shall have a certificate of registration.
10 (Source: P.A. 89-387, eff. 1-1-96.)
11 (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
12 Sec. 4-1. Powers and duties of Department. The
13 Department shall exercise, subject to the provisions of this
14 Act, the following functions, powers and duties:
15 (1) 1. To cause to be conducted examinations to
16 ascertain the qualifications and fitness of applicants
17 for licensure as cosmetologists, estheticians, nail
18 technicians, or barbers and as cosmetology, esthetics,
19 nail technology, or barbering teachers.
20 (2) 2. To establish qualifications for licensure as
21 a cosmetologist, esthetician, nail technician, or barber
22 or cosmetology, esthetics, nail technology, or barber
23 teacher for persons currently licensed as cosmetologists,
24 estheticians, nail technicians, or barbers or
25 cosmetology, esthetics, nail technology, or barber
26 teachers outside the State of Illinois or the continental
27 U.S.
28 (3) 3. To prescribe rules for:
29 (a) a. The method of examination of candidates
30 for licensure as a cosmetologist, esthetician, nail
31 technician, or barber or cosmetology, esthetics,
32 nail technology, or barbering teacher.
33 (b) b. Minimum standards as to what
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1 constitutes an approved school of cosmetology,
2 esthetics, nail technology, or barbering.
3 (4) 4. To conduct investigations or hearings on
4 proceedings to determine disciplinary action.
5 (5) 5. To prescribe reasonable rules governing the
6 sanitary regulation and inspection of cosmetology,
7 esthetics, nail technology, or barbering schools.
8 (6) 6. To prescribe, subject to and consistent with
9 the provisions of Section 4-1.5, reasonable rules for the
10 method of renewal for each license as a cosmetologist,
11 esthetician, nail technician, or barber or cosmetology,
12 esthetics, nail technology, or barbering teacher.
13 7. To prescribe reasonable rules for the method of
14 registration, the issuance, fees, renewal and discipline
15 of a certificate of registration for the ownership or
16 operation of cosmetology, esthetics, and nail technology
17 salons and barber shops.
18 (Source: P.A. 89-387, eff. 1-1-96.)
19 (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
20 Sec. 4-7. Refusal, suspension and revocation of
21 licenses; causes; disciplinary action.
22 (1) The Department may refuse to issue or renew, and may
23 suspend, revoke, place on probation, reprimand or take any
24 other disciplinary action as the Department may deem proper,
25 including civil penalties not to exceed $500 for each
26 violation, with regard to any license for any one, or any
27 combination, of the following causes:
28 (a) a. Conviction of any crime under the laws of
29 the United States or any state or territory thereof that
30 is (i) a felony, (ii) a misdemeanor, an essential element
31 of which is dishonesty, or (iii) a crime which is related
32 to the practice of the profession.
33 (b) b. Conviction of any of the violations listed
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1 in Section 4-20.
2 (c) c. Material misstatement in furnishing
3 information to the Department.
4 (d) d. Making any misrepresentation for the purpose
5 of obtaining a license or violating any provision of this
6 Act or its rules.
7 (e) e. Aiding or assisting another person in
8 violating any provision of this Act or its rules.
9 (f) f. Failing, within 60 days, to provide
10 information in response to a written request made by the
11 Department.
12 (g) g. Discipline by another state, territory, or
13 country if at least one of the grounds for the discipline
14 is the same as or substantially equivalent to those set
15 forth in this Act.
16 (h) h. Practice in the barber, nail technology,
17 esthetics, or cosmetology profession, or an attempt to
18 practice in those professions, by fraudulent
19 misrepresentation.
20 (i) i. Gross malpractice or gross incompetency.
21 (j) j. Continued practice by a person knowingly
22 having an infectious or contagious disease.
23 (k) k. Solicitation of professional services by
24 using false or misleading advertising.
25 (l) l. A finding by the Department that the
26 licensee, after having his or her license placed on
27 probationary status, has violated the terms of probation.
28 (m) m. Directly or indirectly giving to or
29 receiving from any person, firm, corporation, partnership
30 or association any fee, commission, rebate, or other form
31 of compensation for any professional services not
32 actually or personally rendered.
33 (n) n. Violating any of the provisions of this Act
34 or rules adopted pursuant to this Act.
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1 (o) o. Willfully making or filing false records or
2 reports relating to a licensee's practice, including but
3 not limited to, false records filed with State agencies
4 or departments.
5 (p) p. Habitual or excessive use addiction to
6 alcohol, narcotics, stimulants, or any other chemical
7 agent or drug that results in the inability to practice
8 with reasonable judgment, skill or safety.
9 (q) q. Engaging in dishonorable, unethical or
10 unprofessional conduct of a character likely to deceive,
11 defraud, or harm the public as may be defined by rules of
12 the Department, or violating the rules of professional
13 conduct which may be adopted by the Department.
14 (r) r. Permitting any person to use for any
15 unlawful or fraudulent purpose one's diploma or license
16 or certificate of registration as a cosmetologist, nail
17 technician, esthetician, or barber or cosmetology, nail
18 technology, esthetics, or barbering teacher or salon or
19 shop.
20 (s) s. Being named as a perpetrator in an indicated
21 report by the Department of Children and Family Services
22 under the Abused and Neglected Child Reporting Act and
23 upon proof by clear and convincing evidence that the
24 licensee has caused a child to be an abused child or
25 neglected child as defined in the Abused and Neglected
26 Child Reporting Act.
27 (2) In rendering an order, the Director shall take into
28 consideration the facts and circumstances involving the type
29 of acts or omissions in paragraph (1) of this Section
30 including, but not limited to:
31 (a) the extent to which public confidence in the
32 cosmetology, nail technology, esthetics, or barbering
33 profession was, might have been, or may be, injured;
34 (b) the degree of trust and dependence among the
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1 involved parties;
2 (c) the character and degree of harm which did
3 result or might have resulted;
4 (d) the intent or mental state of the licensee at
5 the time of the acts or omissions.
6 (3) The Department shall reissue the license or
7 registration upon certification by the Committee that the
8 disciplined licensee or registrant has complied with all of
9 the terms and conditions set forth in the final order or has
10 been sufficiently rehabilitated to warrant the public trust.
11 (4) The Department may refuse to issue or may suspend
12 the license or certificate of registration of any person who
13 fails to file a return, or to pay the tax, penalty or
14 interest shown in a filed return, or to pay any final
15 assessment of tax, penalty or interest, as required by any
16 tax Act administered by the Illinois Department of Revenue,
17 until such time as the requirements of any such tax Act are
18 satisfied.
19 (5) The Department shall deny without hearing any
20 application for a license or renewal of a license under this
21 Act by a person who has defaulted on an educational loan
22 guaranteed by the Illinois Student Assistance Commission;
23 however, the Department may issue or renew a license if the
24 person in default has established a satisfactory repayment
25 record as determined by the Illinois Student Assistance
26 Commission.
27 (Source: P.A. 89-387, eff. 1-1-96.)
28 (225 ILCS 410/3D-5 rep.)
29 Section 10. The Barber, Cosmetology, Esthetics, and Nail
30 Technology Act of 1985 is amended by repealing Section 3D-5.