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90_HB1354enr
225 ILCS 410/1-4 from Ch. 111, par. 1701-4
225 ILCS 410/1-7 from Ch. 111, par. 1701-7
225 ILCS 410/3-4 from Ch. 111, par. 1703-4
225 ILCS 410/3-6 from Ch. 111, par. 1703-6
225 ILCS 410/3-7 from Ch. 111, par. 1703-7
225 ILCS 410/3-7.1 from Ch. 111, par. 1703-7.1
225 ILCS 410/3-8 from Ch. 111, par. 1703-8
225 ILCS 410/3A-3 from Ch. 111, par. 1703A-3
225 ILCS 410/3A-5 from Ch. 111, par. 1703A-5
225 ILCS 410/3A-6 from Ch. 111, par. 1703A-6
225 ILCS 410/3A-7 from Ch. 111, par. 1703A-7
225 ILCS 410/3B-15
225 ILCS 410/3C-1 from Ch. 111, par. 1703C-1
225 ILCS 410/3C-3 from Ch. 111, par. 1703C-3
225 ILCS 410/3C-7 from Ch. 111, par. 1703C-7
225 ILCS 410/3C-8 from Ch. 111, par. 1703C-8
225 ILCS 410/3C-9 from Ch. 111, par. 1703C-9
225 ILCS 410/4-1 from Ch. 111, par. 1704-1
225 ILCS 410/4-4 from Ch. 111, par. 1704-4
225 ILCS 410/4-7 from Ch. 111, par. 1704-7
225 ILCS 410/4-9 from Ch. 111, par. 1704-9
225 ILCS 410/4-19 from Ch. 111, par. 1704-19
225 ILCS 410/4-20 from Ch. 111, par. 1704-20
Amends the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985. Provides for licensure as a
cosmetology, esthetics, or nail technology clinic teacher.
Provides that certain educational requirements under the Act
may be fulfilled in classes taught by a cosmetology,
esthetics, or nail technology clinic teacher instead of in a
cosmetology, esthetics, or nail technology school teacher.
Effective immediately.
LRB9003867LDsbA
HB1354 Enrolled LRB9003867LDsbA
1 AN ACT to amend the Barber, Cosmetology, Esthetics, and
2 Nail Technology Act of 1985 by changing Sections 1-4, 1-7,
3 3-4, 3-6, 3-7, 3-7.1, 3-8, 3A-3, 3A-5, 3A-6, 3A-7, 3B-15,
4 3C-1, 3C-3, 3C-7, 3C-8, 3C-9, 4-1, 4-4, 4-7, 4-9, 4-19, and
5 4-20.
6 Be it enacted by the People of the State of Illinois,
7 represented in the General Assembly:
8 Section 5. The Barber, Cosmetology, Esthetics, and Nail
9 Technology Act of 1985 is amended by changing Sections 1-4,
10 1-7, 3-4, 3-6, 3-7, 3-7.1, 3-8, 3A-3, 3A-5, 3A-6, 3A-7,
11 3B-15, 3C-1, 3C-3, 3C-7, 3C-8, 3C-9, 4-1, 4-4, 4-7, 4-9,
12 4-19, and 4-20 as follows:
13 (225 ILCS 410/1-4) (from Ch. 111, par. 1701-4)
14 Sec. 1-4. Definitions. In this Act the following words
15 shall have the following meanings:
16 (1) "Department" means the Department of Professional
17 Regulation.
18 (2) "Director" means the Director of Professional
19 Regulation.
20 (3) "Committee" means the Barber, Cosmetology, Esthetics,
21 and Nail Technology Committee.
22 (4) "Licensed barber" means an individual licensed by the
23 Department to practice barbering and esthetics as defined in
24 this Act and whose license is in good standing.
25 (5) "Licensed cosmetologist" means an individual licensed
26 by the Department to practice cosmetology, nail technology,
27 and esthetics as defined in this Act and whose license is in
28 good standing.
29 (6) "Licensed esthetician" means an individual licensed
30 by the Department to practice esthetics as defined in this
31 Act and whose license is in good standing.
HB1354 Enrolled -2- LRB9003867LDsbA
1 (7) "Licensed nail technician" means any individual
2 licensed by the Department to practice nail technology as
3 defined in this Act and whose license is in good standing.
4 (8) "Licensed barber teacher" means an individual
5 licensed by the Department to practice barbering and
6 esthetics as defined in this Act and to provide instruction
7 in the theory and practice of barbering and esthetics to
8 students in an approved barber school or esthetics school.
9 (9) "Licensed cosmetology teacher" means an individual
10 licensed by the Department to practice cosmetology,
11 esthetics, and nail technology as defined in this Act and to
12 provide instruction in the theory and practice of
13 cosmetology, esthetics, and nail technology to students in an
14 approved cosmetology, esthetics, or nail technology school.
15 "Licensed cosmetology clinic teacher" means an individual
16 licensed by the Department to practice cosmetology,
17 esthetics, and nail technology as defined in this Act and to
18 provide clinical instruction in the practice of cosmetology,
19 esthetics, and nail technology in an approved school of
20 cosmetology, esthetics, or nail technology.
21 (10) "Licensed esthetics teacher" means an individual
22 licensed by the Department to practice esthetics as defined
23 in this Act and to provide instruction in the theory and
24 practice of esthetics to students in an approved cosmetology
25 or esthetics school.
26 "Licensed esthetics clinic teacher" means an individual
27 licensed by the Department to practice esthetics as defined
28 in this Act and to provide clinical instruction in the
29 practice of esthetics in an approved school of cosmetology or
30 an approved school of esthetics.
31 (11) "Licensed nail technology teacher" means an
32 individual licensed by the Department to practice nail
33 technology and to provide instruction in the theory and
34 practice of nail technology to students in an approved nail
HB1354 Enrolled -3- LRB9003867LDsbA
1 technology school or cosmetology school.
2 "Licensed nail technology clinic teacher" means an
3 individual licensed by the Department to practice nail
4 technology as defined in this Act and to provide clinical
5 instruction in the practice of nail technology in an approved
6 school of cosmetology or an approved school of nail
7 technology.
8 (12) "Enrollment" is the date upon which the student
9 signs an enrollment agreement or student contract.
10 (13) "Enrollment agreement" or "student contract" is any
11 agreement, instrument, or contract however named, which
12 creates or evidences an obligation binding a student to
13 purchase a course of instruction from a school.
14 (14) "Enrollment time" means the maximum number of hours
15 a student could have attended class, whether or not the
16 student did in fact attend all those hours.
17 (15) "Elapsed enrollment time" means the enrollment time
18 elapsed between the actual starting date and the date of the
19 student's last day of physical attendance in the school.
20 (Source: P.A. 89-387, eff. 1-1-96.)
21 (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
22 Sec. 1-7. Licensure required.
23 (a) It is unlawful for any person to practice, or to
24 hold himself or herself out to be a cosmetologist,
25 esthetician, nail technician, or barber without a license as
26 a cosmetologist, esthetician, nail technician, or barber
27 issued by the Department of Professional Regulation pursuant
28 to the provisions of this Act and of the Civil Administrative
29 Code of Illinois. It is also unlawful for any person, firm,
30 partnership, or corporation to own, operate, or conduct a
31 cosmetology, esthetics, nail technology, or barber school
32 without a license issued by the Department or to own or
33 operate a cosmetology, esthetics, or nail technology salon or
HB1354 Enrolled -4- LRB9003867LDsbA
1 barber shop without a certificate of registration issued by
2 the Department. It is further unlawful for any person to
3 teach in any cosmetology, esthetics, nail technology, or
4 barber college or school approved by the Department or hold
5 himself or herself out as a cosmetology, esthetics, nail
6 technology, or barber teacher without a license as a teacher,
7 issued by the Department or as a cosmetology, esthetics, or
8 nail technology clinic teacher without a license as a clinic
9 teacher issued by the Department.
10 (b) Notwithstanding any other provision of this Act, a
11 person licensed as a cosmetologist or barber may hold himself
12 or herself out as an esthetician and may engage in the
13 practice of esthetics, as defined in this Act, without being
14 licensed as an esthetician. A person licensed as a
15 cosmetology teacher or barber teacher may teach esthetics or
16 hold himself or herself out as an esthetics teacher without
17 being licensed as an esthetics teacher. A person licensed as
18 a cosmetologist may hold himself or herself out as a nail
19 technician and may engage in the practice of nail technology,
20 as defined in this Act, without being licensed as a nail
21 technician. A person licensed as a cosmetology teacher may
22 teach nail technology and hold himself or herself out as a
23 nail technology teacher without being licensed as a nail
24 technology teacher.
25 (c) A person licensed as a barber teacher may hold
26 himself or herself out as a barber and may practice barbering
27 without a license as a barber. A person licensed as a
28 cosmetology teacher may hold himself or herself out as a
29 cosmetologist, esthetician, and nail technologist and may
30 practice cosmetology, esthetics, and nail technology without
31 a license as a cosmetologist, esthetician, or nail
32 technologist. A person licensed as an esthetics teacher may
33 hold himself or herself out as an esthetician without being
34 licensed as an esthetician and may practice esthetics. A
HB1354 Enrolled -5- LRB9003867LDsbA
1 person licensed as a nail technician teacher may practice
2 nail technology and may hold himself or herself out as a nail
3 technologist without being licensed as a nail technologist.
4 (Source: P.A. 89-387, eff. 1-1-96.)
5 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
6 Sec. 3-4. Licensure as a cosmetology teacher or
7 cosmetology clinic teacher; qualifications.
8 (a) A person is qualified to receive license as a
9 cosmetology teacher if that person has applied in writing on
10 forms provided by the Department, has paid the required fees,
11 and:
12 (1) a. Is at least 18 years of age;
13 (2) b. Has graduated from high school or its
14 equivalent;
15 (3) c. Has a current license as a cosmetologist;
16 (4) d. Has either: (i) completed 500 hours of
17 teacher training in a licensed school of cosmetology and
18 had 2 years of practical experience as a licensed
19 cosmetologist within 5 years preceding the examination;
20 or (ii) completed 1000 hours of teacher training in a
21 licensed school of cosmetology; and
22 (5) e. Has passed an examination authorized by the
23 Department to determine fitness to receive a license as a
24 cosmetology teacher; and
25 (6) f. Has met any other requirements of this Act.
26 A cosmetology teacher who teaches esthetics, in order to
27 be licensed, shall demonstrate, to the satisfaction of the
28 Department, current skills in the use of machines used in the
29 practice of esthetics.
30 An individual who receives a license as a cosmetology
31 teacher shall not be required to maintain an active
32 cosmetology license in order to practice cosmetology as
33 defined in this Act.
HB1354 Enrolled -6- LRB9003867LDsbA
1 (b) A person is qualified to receive a license as a
2 cosmetology clinic teacher if he or she has applied in
3 writing on forms provided by the Department, has paid the
4 required fees, and:
5 (1) Is at least 18 years of age;
6 (2) Has graduated from high school or its
7 equivalent;
8 (3) Has a current license as a cosmetologist;
9 (4) Has completed 250 hours of clinic teacher
10 training in a licensed school of cosmetology and has 2
11 years of practical experience as a licensed cosmetologist
12 within 5 years preceding the examination;
13 (5) Has passed an examination authorized by the
14 Department to determine fitness to receive a license as a
15 cosmetology teacher; and
16 (6) Has met any other requirements of this Act.
17 (Source: P.A. 89-387, eff. 1-1-96.)
18 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
19 Sec. 3-6. Examination. The Department shall authorize
20 examinations of applicants for licensure as cosmetologists,
21 and teachers of cosmetology at the times and places it may
22 determine. If an applicant for licensure as a cosmetologist
23 fails to pass 3 examinations conducted by the Department, the
24 applicant shall, before taking a subsequent examination,
25 furnish evidence of not less than 250 hours of additional
26 study of cosmetology in an approved school of cosmetology
27 since the applicant last took the examination. If an
28 applicant for licensure as a cosmetology teacher fails to
29 pass 3 examinations conducted by the Department, the
30 applicant shall, before taking a subsequent examination,
31 furnish evidence of not less than 80 hours of additional
32 study in teaching methodology and educational psychology in
33 an approved school of cosmetology since the applicant last
HB1354 Enrolled -7- LRB9003867LDsbA
1 took the examination. An applicant who fails to pass the
2 fourth examination shall not again be admitted to an
3 examination unless: (i) in the case of an applicant for
4 licensure as a cosmetologist, the applicant again takes and
5 completes a total of 1500 hours in the study of cosmetology
6 in an approved school of cosmetology extending over a period
7 that commences after the applicant fails to pass the fourth
8 examination and that is not less than 8 months nor more than
9 7 consecutive years in duration; or (ii) in the case of an
10 applicant for licensure as a cosmetology teacher, the
11 applicant again takes and completes a total of 1000 hours of
12 teacher training in an approved school of cosmetology, except
13 that if the applicant had 2 years of practical experience as
14 a licensed cosmetologist within the 5 years preceding the
15 initial examination taken by the applicant, the applicant
16 must again take and complete 500 hours of teacher training in
17 an approved school of cosmetology, esthetics, or nail
18 technology; or (iii) in the case of an applicant for
19 licensure as a cosmetology clinic teacher, the applicant
20 again takes and completes a total of 250 hours of clinic
21 teacher training in a licensed school of cosmetology. Each
22 cosmetology applicant shall be given a written examination
23 testing both theoretical and practical knowledge, which shall
24 include, but not be limited to, questions that determine the
25 applicant's knowledge of product chemistry, sanitary rules
26 and regulations, sanitary procedures, chemical service
27 procedures, hazardous chemicals and exposure minimization,
28 knowledge of the anatomy of the skin, scalp, and hair as they
29 relate to applicable services under this Act and labor and
30 compensation laws.
31 The examination of applicants for licensure as a
32 cosmetology, esthetics, or nail technology teacher may
33 include all of the elements of the exam for licensure as a
34 cosmetologist, esthetician, or nail technician and also
HB1354 Enrolled -8- LRB9003867LDsbA
1 include teaching methodology, classroom management, record
2 keeping, and any other related subjects that the Department
3 in its discretion may deem necessary to insure competent
4 performance.
5 This Act does not prohibit the practice of cosmetology by
6 one who has applied in writing to the Department, in form and
7 substance satisfactory to the Department, for a license as a
8 cosmetologist, or the teaching of cosmetology by one who has
9 applied in writing to the Department, in form and substance
10 satisfactory to the Department, for a license as a
11 cosmetology teacher or cosmetology clinic teacher, if the
12 person has complied with all the provisions of this Act in
13 order to qualify for a license, except the passing of an
14 examination to be eligible to receive a license, until: (a)
15 the expiration of 6 months after the filing of the written
16 application, (b) the decision of the Department that the
17 applicant has failed to pass an examination within 6 months
18 or failed without an approved excuse to take an examination
19 conducted within 6 months by the Department, or (c) the
20 withdrawal of the application.
21 (Source: P.A. 89-387, eff. 1-1-96.)
22 (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
23 Sec. 3-7. Licensure; renewal; continuing education;
24 military service. The holder of a license issued under this
25 Article III may renew that license during the month preceding
26 the expiration date thereof by paying the required fee,
27 giving such evidence as the Department may prescribe of
28 completing not less than 14 hours of continuing education for
29 a cosmetologist, and 24 hours of continuing education for a
30 cosmetology teacher or cosmetology clinic teacher, within the
31 2 years prior to renewal. The training shall be in subjects
32 approved by the Department as prescribed by rule upon
33 recommendation of the Committee.
HB1354 Enrolled -9- LRB9003867LDsbA
1 A license that which has been expired for more than 5
2 years may be restored by payment of the restoration fee and
3 submitting evidence satisfactory to the Department of the
4 current qualifications and fitness of the licensee, which
5 shall include completion of continuing education hours for
6 the period subsequent to expiration.
7 The Department shall establish by rule a means for the
8 verification of completion of the continuing education
9 required by this Section. This verification may be
10 accomplished through audits of records maintained by
11 registrants, by requiring the filing of continuing education
12 certificates with the Department, or by other means
13 established by the Department. The Department may select a
14 qualified organization that has no direct business
15 relationship with a licensee, licensed entity or a subsidiary
16 of a licensed entity under this Act to maintain and verify
17 records relating to continuing education.
18 A license issued under the provisions of this Act that
19 which has expired while the holder of the license was engaged
20 (1) in federal service on active duty with the Army of the
21 United States, the United States Navy, the Marine Corps, the
22 Air Force, the Coast Guard, or any Women's Auxiliary thereof,
23 or the State Militia called into the service or training of
24 the United States of America, or (2) in training or education
25 under the supervision of the United States preliminary to
26 induction into the military service, may be reinstated or
27 restored without the payment of any lapsed renewal fees,
28 reinstatement fee, or restoration fee if within 2 years after
29 the termination of such service, training, or education other
30 than by dishonorable discharge, the holder furnishes the
31 Department with an affidavit to the effect that he or she has
32 been so engaged and that his or her service, training, or
33 education has been so terminated.
34 The Department, in its discretion, may waive enforcement
HB1354 Enrolled -10- LRB9003867LDsbA
1 of the continuing education requirement in this Section and
2 shall adopt rules and regulations defining the standards and
3 criteria for that such waiver under the following
4 circumstances:
5 (a) the licensee resides in a locality where it is
6 demonstrated that the absence of opportunities for such
7 education would interfere with the ability of the
8 licensee to provide service to the public;
9 (b) that to comply with the continuing education
10 requirements would cause a substantial financial hardship
11 on the licensee;
12 (c) that the licensee is serving in the United
13 States Armed Forces; or
14 (d) that the licensee is incapacitated due to
15 illness.
16 The continuing education requirements of this Section do
17 not apply to a licensee who (i) is at least 62 years of age
18 or (ii) has been licensed as a cosmetologist, or cosmetology
19 teacher, or cosmetology clinic teacher for at least 30 years
20 and does not regularly work as a cosmetologist, or
21 cosmetology teacher, or cosmetology clinic teacher for more
22 than 16 hours per week.
23 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
24 (225 ILCS 410/3-7.1) (from Ch. 111, par. 1703-7.1)
25 Sec. 3-7.1. Inactive Status. Any cosmetologist, or
26 cosmetology teacher, or cosmetology clinic teacher who
27 notifies the Department in writing on forms prescribed by the
28 Department, may elect to place his or her license on an
29 inactive status and shall, subject to rules of the
30 Department, be excused from payment of renewal fees until he
31 or she notifies the Department in writing of his or her
32 desire to resume active status.
33 Any cosmetologist, or cosmetology teacher, or cosmetology
HB1354 Enrolled -11- LRB9003867LDsbA
1 clinic teacher requesting restoration from inactive status
2 shall be required to pay the current renewal fee and to
3 qualify for the restoration of his or her license, subject to
4 rules of the Department. A license shall not be restored
5 from inactive status unless the cosmetologist, or cosmetology
6 teacher, or cosmetology clinic teacher requesting the
7 restoration completes the number of hours of continuing
8 education required for renewal of a license under Section
9 3-7.
10 Any cosmetologist, or cosmetology teacher, or cosmetology
11 clinic teacher whose license is in an inactive status shall
12 not practice in the State of Illinois.
13 (Source: P.A. 89-387, eff. 1-1-96.)
14 (225 ILCS 410/3-8) (from Ch. 111, par. 1703-8)
15 Sec. 3-8. Cosmetologists, and cosmetology teachers, and
16 cosmetology clinic teachers licensed elsewhere. Except as
17 otherwise provided in this Act, upon payment of the required
18 fee, an applicant who is a cosmetologist, or cosmetology
19 teacher, or cosmetology clinic teacher registered or licensed
20 under the laws of another state or territory of the United
21 States or of a foreign country or province may, without
22 examination, be granted a license as a licensed
23 cosmetologist, or cosmetology teacher, or cosmetology clinic
24 teacher by the Department in its discretion upon the
25 following conditions:
26 (a) The cosmetologist applicant is at least 16 years of
27 age and the cosmetology teacher or cosmetology clinic teacher
28 applicant is at least 18 years of age; and
29 (b) The requirements for the registration or licensing
30 of cosmetologists, or cosmetology teachers, or cosmetology
31 clinic teachers in the particular state, territory, country,
32 or province were, at the date of the license, substantially
33 equivalent to the requirements then in force for
HB1354 Enrolled -12- LRB9003867LDsbA
1 cosmetologists, or cosmetology teachers, or cosmetology
2 clinic teachers in this State; or the applicant has
3 established proof of legal practice as a cosmetologist, or
4 cosmetology teacher, or cosmetology clinic teacher in another
5 jurisdiction for at least 3 years; and
6 (c) Has met any other requirements of this Act.
7 The Department shall prescribe reasonable rules and
8 regulations governing the recognition of and the credit to be
9 given to the study of cosmetology under a cosmetologist
10 registered or licensed under the laws of another state or
11 territory of the United States or a foreign country or
12 province by an applicant for a license as a cosmetologist,
13 and for the recognition of legal practice in another
14 jurisdiction towards the education required under this Act.
15 (Source: P.A. 89-387, eff. 1-1-96.)
16 (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
17 Sec. 3A-3. Licensure as an esthetics teacher;
18 qualifications.
19 (a) A person is qualified to receive a license as an
20 esthetics teacher if that person has applied in writing on
21 forms supplied by the Department, paid the required fees,
22 and:
23 (1) (a) is at least 18 years of age;
24 (2) (b) has graduated from high school or its
25 equivalent;
26 (3) (c) has a current license as a licensed
27 cosmetologist or esthetician;
28 (4) (d) has either: (i) (1) completed 500 hours of
29 teacher training in a licensed school of cosmetology or a
30 licensed esthetics school and had 2 years of practical
31 experience as a licensed cosmetologist or esthetician
32 within 5 years preceding the examination; or (ii) (2)
33 completed 750 hours of teacher training in a licensed
HB1354 Enrolled -13- LRB9003867LDsbA
1 school of cosmetology approved by the Department to teach
2 esthetics or a licensed esthetics school;
3 (5) (e) has passed an examination authorized by the
4 Department to determine fitness to receive a license as a
5 licensed cosmetology or esthetics teacher;
6 (6) (f) demonstrates, to the satisfaction of the
7 Department, current skills in the use of machines used in
8 the practice of esthetics; and
9 (7) (g) has met any other requirements as required
10 by this Act.
11 (b) A person is qualified to receive a license as an
12 esthetics clinic teacher if that person has applied in
13 writing on forms supplied by the Department, paid the
14 required fees, and:
15 (1) is at least 18 years of age;
16 (2) has graduated from high school or its
17 equivalent;
18 (3) has a current license as a licensed
19 cosmetologist or esthetician;
20 (4) has completed 250 hours of clinic teacher
21 training in a licensed school of cosmetology approved by
22 the Department to teach esthetics or a licensed esthetics
23 school and had 2 years of practical experience as a
24 licensed cosmetologist or esthetician within 5 years
25 preceding the examination;
26 (5) has passed an examination authorized by the
27 Department to determine fitness to receive a license as a
28 licensed cosmetology teacher or licensed esthetics
29 teacher;
30 (6) demonstrates, to the satisfaction of the
31 Department, current skills in the use of machines used in
32 the practice of esthetics; and
33 (7) has met any other requirements required by this
34 Act.
HB1354 Enrolled -14- LRB9003867LDsbA
1 (c) An applicant who is issued a license as an esthetics
2 teacher or esthetics clinic teacher is not required to
3 maintain an esthetics license in order to practice as an
4 esthetician as defined in this Act.
5 (Source: P.A. 89-387, eff. 1-1-96.)
6 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
7 Sec. 3A-5. Examination.
8 (a) The Department shall authorize examinations of
9 applicants for licenses as estheticians, and teachers of
10 esthetics at such times and places as it may determine. The
11 Department shall authorize not less than 4 examinations for
12 license as estheticians, and esthetics teachers in a calendar
13 year.
14 If an applicant neglects, fails without an approved
15 excuse, or refuses to take the next available examination
16 offered for licensure under this Act, the fee paid by the
17 applicant shall be forfeited to the Department and the
18 application denied. If an applicant fails to pass an
19 examination for licensure under this Act within 3 years after
20 filing his or her application, the application shall be
21 denied. However, such applicant may thereafter make a new
22 application for examination, accompanied by the required fee,
23 if he or she meets the requirements in effect at the time of
24 reapplication. If an applicant for licensure as an
25 esthetician is unsuccessful at 3 examinations conducted by
26 the Department, the applicant shall, before taking a
27 subsequent examination, furnish evidence of not less than 125
28 hours of additional study of esthetics in an approved school
29 of cosmetology or esthetics since the applicant last took the
30 examination. If an applicant for licensure as an esthetics
31 teacher or esthetics clinic teacher is unsuccessful at 3
32 examinations conducted by the Department, the applicant
33 shall, before taking a subsequent examination, furnish
HB1354 Enrolled -15- LRB9003867LDsbA
1 evidence of not less than 80 hours of additional study in
2 teaching methodology and educational psychology in a licensed
3 school of cosmetology or esthetics since the applicant last
4 took the examination. An applicant who fails to pass a
5 fourth examination shall not again be admitted to an
6 examination unless (i) in the case of an applicant for
7 licensure as an esthetician, the applicant shall again take
8 and complete a total of 750 hours in the study of esthetics
9 in a licensed school of cosmetology approved to teach
10 esthetics or esthetics extending over a period that commences
11 after the applicant fails to pass the fourth examination and
12 that is not less than 18 weeks nor more than 4 consecutive
13 years in duration; or (ii) in the case of an applicant for a
14 license as an esthetics teacher, the applicant shall again
15 take and complete a total of 750 hours of teacher training in
16 a school of cosmetology approved to teach esthetics or a
17 school of esthetics, except that if the applicant had 2 years
18 of practical experience as a licensed cosmetologist or
19 esthetician within 5 years preceding the initial examination
20 taken by the applicant, the applicant must again take and
21 complete 500 hours of teacher training in licensed
22 cosmetology or a licensed esthetics school; or (iii) in the
23 case of an applicant for a license as an esthetics clinic
24 teacher, the applicant shall again take and complete a total
25 of 250 hours of clinic teacher training in a licensed school
26 of cosmetology or a licensed school of esthetics.
27 (b) Each applicant shall be given a written examination
28 testing both theoretical and practical knowledge which shall
29 include, but not be limited to, questions that determine the
30 applicant's knowledge of:
31 (1) a. product chemistry;
32 (2) b. sanitary rules and regulations;
33 (3) c. sanitary procedures;
34 (4) d. chemical service procedures;
HB1354 Enrolled -16- LRB9003867LDsbA
1 (5) e. knowledge of the anatomy of the skin, as it
2 relates to applicable services under this Act;
3 (6) f. the provisions and requirements of this Act;
4 and
5 (7) g. labor and compensation laws.
6 (c) The examination of applicants for licensure as an
7 esthetics teacher may shall include all of the above and may
8 also include:
9 (1) 1. Teaching methodology;
10 (2) 2. Classroom management; and
11 (3) 3. Record keeping and any other subjects that
12 the Department may deem necessary to insure competent
13 performance.
14 (d) This Act does not prohibit the practice of esthetics
15 by one who has applied in writing to the Department, in form
16 and substance satisfactory to the Department, for a license
17 as an esthetician, or an esthetics teacher, or an esthetics
18 clinic teacher and has complied with all the provisions of
19 this Act in order to qualify for a license, except the
20 passing of an examination to be eligible to receive such
21 license certificate, until: (i) (a) the expiration of 6
22 months after the filing of such written application, or (ii)
23 (b) the decision of the Department that the applicant has
24 failed to pass an examination within 6 months or failed
25 without an approved excuse to take an examination conducted
26 within 6 months by the Department, or (iii) (c) the
27 withdrawal of the application.
28 (Source: P.A. 89-387, eff. 1-1-96.)
29 (225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
30 Sec. 3A-6. Licensure; renewal; continuing education;
31 examination; military service. The holder of a license
32 issued under this Article may renew such license during the
33 month preceding the expiration date thereof by paying the
HB1354 Enrolled -17- LRB9003867LDsbA
1 required fee, giving such evidence as the Department may
2 prescribe of completing not less than 10 hours for
3 estheticians, and not less than 20 hours of continuing
4 education for esthetics teachers or esthetics clinic
5 teachers, within the 2 years prior to renewal. The training
6 shall be in subjects, approved by the Department as
7 prescribed by rule upon recommendation of the Committee.
8 A license that which has expired or been placed on
9 inactive status may be restored only by payment of the
10 restoration fee and submitting evidence satisfactory to the
11 Department of the current qualifications and fitness of the
12 licensee including the completion of continuing education
13 hours for the period following expiration.
14 A license issued under the provisions of this Act that
15 which has expired while the holder of the license was engaged
16 (1) in federal service on active duty with the Army of the
17 United States, the United States Navy, the Marine Corps, the
18 Air Force, the Coast Guard, or any Women's Auxiliary thereof,
19 or the State Militia called into the service or training of
20 the United States of America, or (2) in training or education
21 under the supervision of the United States preliminary to
22 induction into the military service, may be reinstated or
23 restored without the payment of any lapsed renewal fees,
24 reinstatement fee, or restoration fee if within 2 years after
25 the termination of such service, training, or education other
26 than by dishonorable discharge, the holder furnishes the
27 Department with an affidavit to the effect that he or she has
28 been so engaged and that his or her service, training, or
29 education has been so terminated.
30 The Department, in its discretion, may waive enforcement
31 of the continuing education requirement in this Section, and
32 shall adopt rules defining the standards and criteria for
33 such waiver, under the following circumstances:
34 (1) (a) the licensee resides in a locality where it is
HB1354 Enrolled -18- LRB9003867LDsbA
1 demonstrated that the absence of opportunities for such
2 education would interfere with the ability of the licensee to
3 provide service to the public;
4 (2) (b) the licensee's compliance with the continuing
5 education requirements would cause a substantial financial
6 hardship on the licensee;
7 (3) (c) the licensee is serving in the United States
8 Armed Forces; or
9 (4) (d) the licensee is incapacitated due to illness.
10 (Source: P.A. 89-387, eff. 1-1-96.)
11 (225 ILCS 410/3A-7) (from Ch. 111, par. 1703A-7)
12 Sec. 3A-7. Estheticians licensed elsewhere. Upon payment
13 of the required fee, an applicant who is an esthetician
14 registered or licensed under the laws of another state or
15 territory of the United States or of a foreign country or
16 province may, without examination, be granted a license as a
17 licensed esthetician by the Department in its discretion upon
18 the following conditions:
19 (a) In the case of an esthetician registered or licensed
20 elsewhere,
21 (1) The applicant is at least 16 years of age; and
22 (2) The requirements for the registration or
23 licensing of estheticians in the particular state,
24 territory, country, or province were at the date of the
25 license substantially equivalent to the requirements then
26 in force in this State.
27 (b) In the case of an esthetics teacher or esthetics
28 clinic teacher registered or licensed elsewhere,
29 (1) The applicant is at least 18 years of age; and
30 (2) The requirements for the registration or
31 licensing of esthetics teachers or esthetics clinic
32 teachers teacher in the particular state, territory,
33 country, or province were at the date of the license
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1 substantially equivalent to the requirements then in
2 force in this State; or the applicant has established
3 proof of legal practice as an esthetics teacher in
4 another jurisdiction for at least 3 years.
5 An applicant who has been licensed to practice esthetics
6 in another state may receive credit of at least 300 hours for
7 each year of experience toward the education required under
8 this Act.
9 (Source: P.A. 89-387, eff. 1-1-96.)
10 (225 ILCS 410/3B-15)
11 Sec. 3B-15. Grounds for disciplinary action. In addition
12 to any other cause herein set forth the Department may refuse
13 to issue or renew and may suspend, place on probation, or
14 revoke any license to operate a school, or take any other
15 action that the Department may deem proper, including the
16 imposition of civil penalties not to exceed $1,000 for each
17 violation, for any one or any combination of the following
18 causes:
19 (1) Repeated violation of any provision of this Act or
20 any standard or rule established under this Act.
21 (2) Knowingly furnishing false, misleading, or
22 incomplete information to the Department or failure to
23 furnish information requested by the Department.
24 (3) Violation of any commitment made in an application
25 for a license, including failure to maintain standards that
26 are the same as, or substantially equivalent to, those
27 represented in the school's applications and advertising.
28 (4) Presenting to prospective students information
29 relating to the school, or to employment opportunities or
30 opportunities for enrollment in institutions of higher
31 learning after entering into or completing courses offered by
32 the school, that which is false, misleading, or fraudulent.
33 (5) Failure to provide premises or equipment or to
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1 maintain them in a safe and sanitary condition as required by
2 law.
3 (6) Failure to maintain financial resources adequate for
4 the satisfactory conduct of the courses of instruction
5 offered or to retain a sufficient and qualified instructional
6 and administrative staff.
7 (7) Refusal to admit applicants on account of race,
8 color, creed, sex, physical or mental handicap unrelated to
9 ability, religion, or national origin.
10 (8) Paying a commission or valuable consideration to any
11 person for acts or services performed in violation of this
12 Act.
13 (9) Attempting to confer a fraudulent degree, diploma,
14 or certificate upon a student.
15 (10) Failure to correct any deficiency or act of
16 noncompliance under this Act or the standards and rules
17 established under this Act within reasonable time limits set
18 by the Department.
19 (11) Conduct of business or instructional services other
20 than at locations approved by the Department.
21 (12) Failure to make all of the disclosures or making
22 inaccurate disclosures to the Department or in the enrollment
23 agreement as required under this Act.
24 (13) Failure to make appropriate refunds as required by
25 this Act.
26 (14) Denial, loss, or withdrawal of accreditation by any
27 accrediting agency.
28 (15) During any calendar year, having a failure rate of
29 25% or greater for those of its students student who for the
30 first time take the examination authorized by the Department
31 to determine fitness to receive a license as a
32 cosmetologist, cosmetology teacher, esthetician, esthetician
33 teacher, nail technician, or nail technology teacher
34 provided that a student who transfers into the school with
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1 750 or more hours for cosmetologists, 375 or more hours for
2 estheticians, 175 or more hours for nail technician, or 500
3 or more hours for teachers or 125 or more hours for clinic
4 teachers and who takes the examination during that calendar
5 year shall not be counted for purposes of determining the
6 school's failure rate on an examination, without regard to
7 whether that transfer student passes or fails the
8 examination.
9 (16) Failure to maintain a written record indicating the
10 funds received per student and funds paid out per student.
11 Such records shall be maintained for a minimum of 7 years and
12 shall be made available to the Department upon request. Such
13 records shall identify the funding source and amount for any
14 student who has enrolled as well as any other item set forth
15 by rule.
16 (17) Failure to maintain a copy of the student record as
17 defined by rule.
18 (Source: P.A. 89-387, eff. 1-1-96.)
19 (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
20 Sec. 3C-1. Definitions. "Nail technician" means any
21 person who for compensation manicures, pedicures, or
22 decorates nails, applies sculptured or otherwise artificial
23 nails by hand or with mechanical or electrical apparatus or
24 appliances, or in any way cares for the nails of another
25 person for other than therapeutic purposes.
26 "Nail technician teacher" means an individual licensed by
27 the Department to provide instruction in the theory and
28 practice of nail technology to students in an approved nail
29 technology school.
30 "Licensed nail technology clinic teacher" means an
31 individual licensed by the Department to practice nail
32 technology as defined in this Act and to provide clinical
33 instruction in the practice of nail technology in an approved
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1 school of cosmetology or an approved school of nail
2 technology.
3 (Source: P.A. 89-387, eff. 1-1-96.)
4 (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
5 Sec. 3C-3. Licensure as a nail technology teacher or
6 nail technology clinic teacher; qualifications.
7 (a) A person is qualified to receive a license as a nail
8 technology teacher if that person has filed an application on
9 forms provided by the Department, paid the required fee, and:
10 (1) (a) is at least 18 years of age;
11 (2) (b) has graduated from high school or its
12 equivalent;
13 (3) (c) has a current license as a cosmetologist or
14 nail technician;
15 (4) (d) has either: (1) completed 500 hours of
16 teacher training in a licensed school of nail technology
17 or cosmetology, and had 2 years of practical experience
18 as a nail technician; or (2) has completed 625 hours of
19 teacher training in a licensed school of cosmetology
20 approved to teach nail technology or school of nail
21 technology; and
22 (5) (e) who has passed an examination authorized by
23 the Department to determine fitness to receive a license
24 as a cosmetology or nail technology teacher.
25 (b) A person is qualified to receive a license as a nail
26 technology clinic teacher if that person has applied in
27 writing on forms supplied by the Department, paid the
28 required fees, and:
29 (1) is at least 18 years of age;
30 (2) has graduated from high school or its
31 equivalent;
32 (3) has a current license as a licensed
33 cosmetologist or nail technician;
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1 (4) has completed 250 hours of clinic teacher
2 training in a licensed school of cosmetology or a
3 licensed nail technology school and had 2 years of
4 practical experience as a licensed cosmetologist or nail
5 technician within 5 years preceding the examination;
6 (5) has passed an examination authorized by the
7 Department to determine fitness to receive a license as a
8 licensed cosmetology teacher or licensed nail technology
9 teacher;
10 (6) demonstrates, to the satisfaction of the
11 Department, current skills in the use of machines used in
12 the practice of nail technology; and
13 (7) has met any other requirements required by this
14 Act.
15 (c) An applicant who receives a license as a nail
16 technology teacher or nail technology clinic teacher shall
17 not be required to maintain a license as a nail technician.
18 (Source: P.A. 89-387, eff. 1-1-96.)
19 (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
20 Sec. 3C-7. Examinations; failure or refusal to take
21 examination. The Department shall authorize examinations of
22 applicants for licenses as nail technicians and teachers of
23 nail technology at the times and places as it may determine.
24 The Department shall authorize not less than 4
25 examinations for licenses as nail technicians, technologists
26 and nail technology teachers in a calendar year.
27 If an applicant neglects, fails without an approved
28 excuse, or refuses to take the next available examination
29 offered for licensure under this Act, the fee paid by the
30 applicant shall be forfeited to the Department and the
31 application denied. If an applicant fails to pass an
32 examination for licensure under this Act within 3 years after
33 filing an application, the application shall be denied.
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1 Nevertheless, the applicant may thereafter make a new
2 application for examination, accompanied by the required fee,
3 if he or she meets the requirements in effect at the time of
4 reapplication. If an applicant for licensure as a nail
5 technician, or as a nail technology teacher, or nail
6 technology clinic teacher is unsuccessful at 3 examinations
7 conducted by the Department, the applicant shall, before
8 taking a subsequent examination, furnish evidence of
9 successfully completing (i) for a nail technician, not less
10 than 60 hours of additional study of nail technology in a
11 licensed school of cosmetology approved to teach nail
12 technology or nail technology and (ii) for a nail technology
13 teacher or nail technology clinic teacher, not less than 80
14 hours of additional study in teaching methodology and
15 educational psychology in an approved school of cosmetology
16 or nail technology since the applicant last took the
17 examination.
18 An applicant who fails the fourth examination shall not
19 again be admitted to an examination unless: (i) in the case
20 of an applicant for a license as a nail technician, the
21 applicant again takes and completes a total of 350 hours in
22 the study of nail technology in an approved school of
23 cosmetology or nail technology extending over a period that
24 commences after the applicant fails to pass the fourth
25 examination and that is not less than 8 weeks nor more than 2
26 consecutive years in duration; or (ii) in the case of an
27 applicant for licensure as a nail technology teacher, the
28 applicant again takes and completes a total of 625 hours of
29 teacher training in an approved school of cosmetology, or
30 nail technology, except that if the applicant had 2 years of
31 practical experience as a licensed nail technician within 5
32 years preceding the initial examination taken by the
33 applicant, the applicant must again take and complete 500
34 hours of teacher training in a licensed school of cosmetology
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1 approved to teach nail technology, or a licensed school of
2 nail technology or 250 hours of clinic teacher training in a
3 licensed school of cosmetology.
4 Each applicant for licensure as a nail technician shall
5 be given a written examination testing both theoretical and
6 practical knowledge, which shall include, but not be limited
7 to, questions that determine the applicant's knowledge of
8 product chemistry, sanitary rules and regulations, sanitary
9 procedures, hazardous chemicals and exposure minimization,
10 this Act, and labor and compensation laws.
11 The examination for licensure as a nail technology
12 teacher or nail technology clinic teacher may shall include
13 knowledge of the subject matter, teaching methodology,
14 classroom management, record keeping, and any other subjects
15 that the Department in its discretion may deem necessary to
16 insure competent performance.
17 This Act does not prohibit the practice of nail
18 technology by a person who has applied in writing to the
19 Department, in form and substance satisfactory to the
20 Department, for a license as a nail technician, or the
21 teaching of nail technology by one who has applied in writing
22 to the Department, in form and substance satisfactory to the
23 Department, for a license as a nail technology teacher or
24 nail technology clinic teacher, if the person has complied
25 with all the provisions of this Act in order to qualify for a
26 license, except the passing of an examination to be eligible
27 to receive a license, until: (a) the expiration of 6 months
28 after the filing of the written application, or (b) the
29 decision of the Department that the applicant has failed to
30 pass an examination within 6 months or failed without an
31 approved excuse to take an examination conducted within 6
32 months by the Department, or (c) the withdrawal of the
33 application.
34 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
HB1354 Enrolled -26- LRB9003867LDsbA
1 (225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
2 Sec. 3C-8. License renewal; expiration; continuing
3 education; persons in military service. The holder of a
4 license issued under this Article may renew that license
5 during the month preceding the expiration date of the license
6 by paying the required fee and giving evidence, as the
7 Department may prescribe, of completing not less than 10
8 hours of continuing education for a nail technician and 20
9 hours of continuing education for a nail technology teacher
10 or nail technology clinic teacher, within the 2 years prior
11 to renewal. The continuing education shall be in subjects,
12 approved by the Department upon recommendation of the Barber,
13 Cosmetology, Esthetics, and Nail Technology Committee,
14 relating to the practice of nail technology, including, but
15 not limited to, review of sanitary procedures, review of
16 chemical service procedures, review of this Act, and review
17 of the Workers' Compensation Act. However, at least 10 of
18 the hours of continuing education required for a nail
19 technology teacher or nail technology clinic teacher shall be
20 in subjects relating to teaching methodology, educational
21 psychology, and classroom management or in other subjects
22 related to teaching.
23 A license that has been expired or placed on inactive
24 status may be restored only by payment of the restoration fee
25 and submitting evidence satisfactory to the Department of the
26 meeting of current qualifications and fitness of the
27 licensee, including the completion of continuing education
28 hours for the period subsequent to expiration.
29 A license issued under this Article that has expired
30 while the holder of the license was engaged (1) in federal
31 service on active duty with the Army of the United States,
32 the United States Navy, the Marine Corps, the Air Force, the
33 Coast Guard, or any Women's Auxiliary thereof, or the State
34 Militia called into the service or training of the United
HB1354 Enrolled -27- LRB9003867LDsbA
1 States of America, or (2) in training or education under the
2 supervision of the United States preliminary to induction
3 into the military service, may be reinstated or restored
4 without the payment of any lapsed renewal fees, reinstatement
5 fee or restoration fee if, within 2 years after the
6 termination of the service, training, or education other than
7 by dishonorable discharge, the holder furnishes the
8 Department with an affidavit to the effect that the
9 certificate holder has been so engaged and that the service,
10 training, or education has been so terminated.
11 The Department, in its discretion, may waive enforcement
12 of the continuing education requirement in this Section, and
13 shall adopt rules defining the standards and criteria for
14 such waiver, under the following circumstances:
15 (a) the licensee resides in a locality where it is
16 demonstrated that the absence of opportunities for such
17 education would interfere with the ability of the licensee to
18 provide service to the public;
19 (b) the licensee's compliance with the continuing
20 education requirements would cause a substantial financial
21 hardship on the licensee;
22 (c) the licensee is serving in the United States Armed
23 Forces; or
24 (d) the licensee is incapacitated due to illness.
25 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
26 (225 ILCS 410/3C-9) (from Ch. 111, par. 1703C-9)
27 Sec. 3C-9. Endorsement. Upon payment of the required
28 fee, an applicant who is a nail technician, or nail
29 technology teacher, or nail technology clinic teacher
30 registered or licensed under the laws of another state or
31 territory of the United States or of a foreign country or
32 province may, without examination, be granted a license as a
33 nail technician, or nail technology teacher, or nail
HB1354 Enrolled -28- LRB9003867LDsbA
1 technology clinic teacher by the Department in its discretion
2 upon the following conditions:
3 (a) For a nail technologist registered or licensed
4 elsewhere:
5 (1) the applicant is at least 16 years of age; and
6 (2) the requirements for the registration or
7 licensing of nail technicians in the particular state,
8 territory, country or province were, at the date of
9 licensure, substantially equivalent to the requirements
10 then in force in this State. The Department shall
11 prescribe reasonable rules and regulations governing the
12 recognition of and the credit to be given to the study of
13 nail technology under a cosmetologist or nail technician
14 registered or licensed under the laws of another state or
15 territory of the United States or a foreign country or
16 province by an applicant for a license as a nail
17 technician.
18 (b) For a nail technology teacher or nail technology
19 clinic teacher licensed or registered elsewhere:
20 (1) the applicant is at least 18 years of age; and
21 (2) the requirements for the licensing of nail
22 technology teachers or nail technology clinic teachers in
23 the other jurisdiction were, at the date of licensure,
24 substantially equivalent to the requirements then in
25 force in this State; or the applicant has established
26 proof of legal practice as a nail technology teacher or
27 nail technology clinic teacher in another jurisdiction
28 for at least 3 years.
29 The Department shall allow applicants who have been
30 licensed to practice nail technology in other states a credit
31 of at least 75 hours for each year of experience toward the
32 education required under this Act.
33 (Source: P.A. 89-387, eff. 1-1-96.)
HB1354 Enrolled -29- LRB9003867LDsbA
1 (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
2 Sec. 4-1. Powers and duties of Department. The
3 Department shall exercise, subject to the provisions of this
4 Act, the following functions, powers and duties:
5 (1) 1. To cause to be conducted examinations to
6 ascertain the qualifications and fitness of applicants for
7 licensure as cosmetologists, estheticians, nail technicians,
8 or barbers and as cosmetology, esthetics, nail technology, or
9 barbering teachers.
10 (2) 2. To establish qualifications for licensure as a
11 cosmetologist, esthetician, nail technician, or barber or
12 cosmetology, esthetics, nail technology, or barber teacher or
13 cosmetology, esthetics, or nail technology clinic teachers
14 for persons currently licensed as cosmetologists,
15 estheticians, nail technicians, or barbers or cosmetology,
16 esthetics, nail technology, or barber teachers or
17 cosmetology, esthetics, or nail technology clinic teachers
18 outside the State of Illinois or the continental U.S.
19 (3) 3. To prescribe rules for:
20 (i) a. The method of examination of candidates for
21 licensure as a cosmetologist, esthetician, nail
22 technician, or barber or cosmetology, esthetics, nail
23 technology, or barbering teacher.
24 (ii) b. Minimum standards as to what constitutes an
25 approved school of cosmetology, esthetics, nail
26 technology, or barbering.
27 (4) 4. To conduct investigations or hearings on
28 proceedings to determine disciplinary action.
29 (5) 5. To prescribe reasonable rules governing the
30 sanitary regulation and inspection of cosmetology, esthetics,
31 nail technology, or barbering schools.
32 (6) 6. To prescribe, subject to and consistent with the
33 provisions of Section 4-1.5, reasonable rules for the method
34 of renewal for each license as a cosmetologist, esthetician,
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1 nail technician, or barber or cosmetology, esthetics, nail
2 technology, or barbering teacher or cosmetology, esthetics,
3 or nail technology clinic teacher.
4 (7) 7. To prescribe reasonable rules for the method of
5 registration, the issuance, fees, renewal and discipline of a
6 certificate of registration for the ownership or operation of
7 cosmetology, esthetics, and nail technology salons and barber
8 shops.
9 (Source: P.A. 89-387, eff. 1-1-96.)
10 (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
11 Sec. 4-4. Issuance of license. Whenever the provisions
12 of this Act have been complied with, the Department shall
13 issue a license as a cosmetologist, esthetician, nail
14 technician, or barber, or a license as a cosmetology,
15 esthetics, nail technology, or barbering teacher, or a
16 license as a cosmetology, esthetics, or nail technology
17 clinic teacher as the case may be.
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. Conviction of any crime under the laws of the
29 United States or any state or territory thereof that is
30 (i) a felony, (ii) a misdemeanor, an essential element of
31 which is dishonesty, or (iii) a crime which is related to
32 the practice of the profession.
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1 b. Conviction of any of the violations listed in
2 Section 4-20.
3 c. Material misstatement in furnishing information
4 to the Department.
5 d. Making any misrepresentation for the purpose of
6 obtaining a license or violating any provision of this
7 Act or its rules.
8 e. Aiding or assisting another person in violating
9 any provision of this Act or its rules.
10 f. Failing, within 60 days, to provide information
11 in response to a written request made by the Department.
12 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. 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. Gross malpractice or gross incompetency.
21 j. Continued practice by a person knowingly having
22 an infectious or contagious disease.
23 k. Solicitation of professional services by using
24 false or misleading advertising.
25 l. A finding by the Department that the licensee,
26 after having his or her license placed on probationary
27 status, has violated the terms of probation.
28 m. Directly or indirectly giving to or receiving
29 from any person, firm, corporation, partnership or
30 association any fee, commission, rebate, or other form of
31 compensation for any professional services not actually
32 or personally rendered.
33 n. Violating any of the provisions of this Act or
34 rules adopted pursuant to this Act.
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1 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. Habitual or excessive use addiction to alcohol,
6 narcotics, stimulants, or any other chemical agent or
7 drug that results in the inability to practice with
8 reasonable judgment, skill or safety.
9 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. Permitting any person to use for any unlawful or
15 fraudulent purpose one's diploma or license or
16 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 or cosmetology, esthetics, or nail technology clinic
20 teacher.
21 s. Being named as a perpetrator in an indicated
22 report by the Department of Children and Family Services
23 under the Abused and Neglected Child Reporting Act and
24 upon proof by clear and convincing evidence that the
25 licensee has caused a child to be an abused child or
26 neglected child as defined in the Abused and Neglected
27 Child Reporting Act.
28 (2) In rendering an order, the Director shall take into
29 consideration the facts and circumstances involving the type
30 of acts or omissions in paragraph (1) of this Section
31 including, but not limited to:
32 (a) the extent to which public confidence in the
33 cosmetology, nail technology, esthetics, or barbering
34 profession was, might have been, or may be, injured;
HB1354 Enrolled -33- LRB9003867LDsbA
1 (b) the degree of trust and dependence among the
2 involved parties;
3 (c) the character and degree of harm which did
4 result or might have resulted;
5 (d) the intent or mental state of the licensee at
6 the time of the acts or omissions.
7 (3) The Department shall reissue the license or
8 registration upon certification by the Committee that the
9 disciplined licensee or registrant has complied with all of
10 the terms and conditions set forth in the final order or has
11 been sufficiently rehabilitated to warrant the public trust.
12 (4) The Department may refuse to issue or may suspend
13 the license or certificate of registration of any person who
14 fails to file a return, or to pay the tax, penalty or
15 interest shown in a filed return, or to pay any final
16 assessment of tax, penalty or interest, as required by any
17 tax Act administered by the Illinois Department of Revenue,
18 until such time as the requirements of any such tax Act are
19 satisfied.
20 (5) The Department shall deny without hearing any
21 application for a license or renewal of a license under this
22 Act by a person who has defaulted on an educational loan
23 guaranteed by the Illinois Student Assistance Commission;
24 however, the Department may issue or renew a license if the
25 person in default has established a satisfactory repayment
26 record as determined by the Illinois Student Assistance
27 Commission.
28 (Source: P.A. 89-387, eff. 1-1-96.)
29 (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
30 Sec. 4-9. Practice without a license or after suspension
31 or revocation thereof.
32 (a) If any person violates the provisions of this Act,
33 the Director may, in the name of the People of the State of
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1 Illinois, through the Attorney General of the State of
2 Illinois, petition, for an order enjoining such violation or
3 for an order enforcing compliance with this Act. Upon the
4 filing of a verified petition in such court, the court may
5 issue a temporary restraining order, without notice or bond,
6 and may preliminarily and permanently enjoin such violation,
7 and if it is established that such person has violated or is
8 violating the injunction, the Court may punish the offender
9 for contempt of court. Proceedings under this Section shall
10 be in addition to, and not in lieu of, all other remedies and
11 penalties provided by this Act.
12 (b) If any person shall practice as a barber,
13 cosmetologist, nail technician, or esthetician, or teacher
14 thereof or cosmetology, esthetics, or nail technology clinic
15 teacher or hold himself out as such without being licensed
16 under the provisions of this Act, then any licensee, any
17 interested party, or any person injured thereby may, in
18 addition to the Director, petition for relief as provided in
19 subsection (a) of this Section.
20 (c) Whenever in the opinion of the Department any person
21 violates any provision of this Act, the Department may issue
22 a rule to show cause why an order to cease and desist should
23 not be entered against him. The rule shall clearly set forth
24 the grounds relied upon by the Department and shall provide a
25 period of 7 days from the date of the rule to file an answer
26 to the satisfaction of the Department. Failure to answer to
27 the satisfaction of the Department shall cause an order to
28 cease and desist to be issued immediately.
29 (Source: P.A. 89-387, eff. 1-1-96.)
30 (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
31 Sec. 4-19. Emergency suspension. The Director may
32 temporarily suspend the license of a barber, cosmetologist,
33 nail technician, esthetician or teacher thereof or of a
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1 cosmetology, esthetics, or nail technology clinic teacher
2 without a hearing, simultaneously with the institution of
3 proceedings for a hearing provided for in Section 4-10 of
4 this Act, if the Director finds that evidence in his
5 possession indicates that the licensee's continuation in
6 practice would constitute an imminent danger to the public.
7 In the event that the Director suspends, temporarily, this
8 license without a hearing, a hearing must be held within 30
9 days after such suspension has occurred.
10 (Source: P.A. 89-387, eff. 1-1-96.)
11 (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
12 Sec. 4-20. Violations; penalties. Whoever violates any
13 of the following shall, for the first offense, be guilty of a
14 Class B misdemeanor; for the second offense, shall be guilty
15 of a Class A misdemeanor; and for all subsequent offenses,
16 shall be guilty of a Class 4 felony and be fined not less
17 than $1,000 or more than $5,000.
18 (1) a. The practice of cosmetology, nail technology,
19 esthetics or barbering or an attempt to practice cosmetology,
20 nail technology, esthetics, or barbering without a license as
21 a cosmetologist, nail technician, esthetician or barber or a
22 cosmetology, nail technology, esthetics, or barbering teacher
23 without a license as a cosmetology, nail technology,
24 esthetics or barbering teacher or as a cosmetology,
25 esthetics, or nail technology clinic teacher without a proper
26 license.
27 (2) b. The obtaining of or an attempt to obtain a
28 license or money or any other thing of value by fraudulent
29 misrepresentation.
30 (3) c. Practice in the barber, nail technology,
31 cosmetology or esthetic profession, or an attempt to practice
32 in those professions by fraudulent misrepresentation.
33 (4) d. Wilfully making any false oath or affirmation
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1 whenever an oath or affirmation is required by this Act.
2 (5) e. The violation of any of the provisions of this
3 Act.
4 (Source: P.A. 89-387, eff. 1-1-96.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.