State of Illinois
90th General Assembly
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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB1354eng

      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 Engrossed                              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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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
HB1354 Engrossed            -19-              LRB9003867LDsbA
 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
HB1354 Engrossed            -20-              LRB9003867LDsbA
 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
HB1354 Engrossed            -21-              LRB9003867LDsbA
 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
HB1354 Engrossed            -22-              LRB9003867LDsbA
 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;
HB1354 Engrossed            -23-              LRB9003867LDsbA
 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.
HB1354 Engrossed            -24-              LRB9003867LDsbA
 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
HB1354 Engrossed            -25-              LRB9003867LDsbA
 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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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,
HB1354 Engrossed            -30-              LRB9003867LDsbA
 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.
HB1354 Engrossed            -31-              LRB9003867LDsbA
 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.
HB1354 Engrossed            -32-              LRB9003867LDsbA
 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 Engrossed            -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
HB1354 Engrossed            -34-              LRB9003867LDsbA
 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
HB1354 Engrossed            -35-              LRB9003867LDsbA
 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
HB1354 Engrossed            -36-              LRB9003867LDsbA
 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.

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