[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB0251
225 ILCS 410/2-9 new
225 ILCS 410/4-7 from Ch. 111, par. 1704-7
225 ILCS 410/4-20 from Ch. 111, par. 1704-20
Amends the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 to provide that a barber who performs
blade shaving services without wearing protective gloves is
guilty of a petty offense and may be fined up to $500.
Effective immediately.
LRB9000881DPcc
LRB9000881DPcc
1 AN ACT to amend the Barber, Cosmetology, Esthetics, and
2 Nail Technology Act of 1985 by changing Sections 4-7 and 4-20
3 and by adding Section 2-9.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Barber, Cosmetology, Esthetics, and Nail
7 Technology Act of 1985 is amended by changing Sections 4-7
8 and 4-20 and by adding Section 2-9 as follows:
9 (225 ILCS 410/2-9 new)
10 Sec. 2-9. Blade shaving; protective gloves. A barber
11 licensed by the Department who performs blade shaving
12 services without wearing protective gloves is guilty of a
13 petty offense and may be fined an amount not to exceed $500.
14 (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
15 Sec. 4-7. Refusal, suspension and revocation of
16 licenses; causes; disciplinary action.
17 (1) The Department may refuse to issue or renew, and may
18 suspend, revoke, place on probation, reprimand or take any
19 other disciplinary action as the Department may deem proper,
20 including civil penalties not to exceed $500 for each
21 violation, with regard to any license for any one, or any
22 combination, of the following causes:
23 a. Conviction of any crime under the laws of the
24 United States or any state or territory thereof that is
25 (i) a felony, (ii) a misdemeanor, an essential element of
26 which is dishonesty, or (iii) a crime which is related to
27 the practice of the profession.
28 b. Conviction of any of the violations listed in
29 Section 4-20.
30 c. Material misstatement in furnishing information
-2- LRB9000881DPcc
1 to the Department.
2 d. Making any misrepresentation for the purpose of
3 obtaining a license or violating any provision of this
4 Act or its rules.
5 e. Aiding or assisting another person in violating
6 any provision of this Act or its rules.
7 f. Failing, within 60 days, to provide information
8 in response to a written request made by the Department.
9 g. Discipline by another state, territory, or
10 country if at least one of the grounds for the discipline
11 is the same as or substantially equivalent to those set
12 forth in this Act.
13 h. Practice in the barber, nail technology,
14 esthetics, or cosmetology profession, or an attempt to
15 practice in those professions, by fraudulent
16 misrepresentation.
17 i. Gross malpractice or gross incompetency.
18 j. Continued practice by a person knowingly having
19 an infectious or contagious disease.
20 k. Solicitation of professional services by using
21 false or misleading advertising.
22 l. A finding by the Department that the licensee,
23 after having his or her license placed on probationary
24 status, has violated the terms of probation.
25 m. Directly or indirectly giving to or receiving
26 from any person, firm, corporation, partnership or
27 association any fee, commission, rebate, or other form of
28 compensation for any professional services not actually
29 or personally rendered.
30 n. Violating any of the provisions of this Act,
31 except Section 2-9, or rules adopted pursuant to this
32 Act.
33 o. Willfully making or filing false records or
34 reports relating to a licensee's practice, including but
-3- LRB9000881DPcc
1 not limited to, false records filed with State agencies
2 or departments.
3 p. Habitual or excessive use of or addiction to
4 alcohol, narcotics, stimulants, or any other chemical
5 agent or drug that results in the inability to practice
6 with reasonable judgment, skill or safety.
7 q. Engaging in dishonorable, unethical or
8 unprofessional conduct of a character likely to deceive,
9 defraud, or harm the public as may be defined by rules of
10 the Department, or violating the rules of professional
11 conduct which may be adopted by the Department.
12 r. Permitting any person to use for any unlawful or
13 fraudulent purpose one's diploma or license or
14 certificate of registration as a cosmetologist, nail
15 technician, esthetician, or barber or cosmetology, nail
16 technology, esthetics, or barbering teacher or salon or
17 shop.
18 s. Being named as a perpetrator in an indicated
19 report by the Department of Children and Family Services
20 under the Abused and Neglected Child Reporting Act and
21 upon proof by clear and convincing evidence that the
22 licensee has caused a child to be an abused child or
23 neglected child as defined in the Abused and Neglected
24 Child Reporting Act.
25 (2) In rendering an order, the Director shall take into
26 consideration the facts and circumstances involving the type
27 of acts or omissions in paragraph (1) of this Section
28 including, but not limited to:
29 (a) the extent to which public confidence in the
30 cosmetology, nail technology, esthetics, or barbering
31 profession was, might have been, or may be, injured;
32 (b) the degree of trust and dependence among the
33 involved parties;
34 (c) the character and degree of harm which did
-4- LRB9000881DPcc
1 result or might have resulted;
2 (d) the intent or mental state of the licensee at
3 the time of the acts or omissions.
4 (3) The Department shall reissue the license or
5 registration upon certification by the Committee that the
6 disciplined licensee or registrant has complied with all of
7 the terms and conditions set forth in the final order or has
8 been sufficiently rehabilitated to warrant the public trust.
9 (4) The Department may refuse to issue or may suspend
10 the license or certificate of registration of any person who
11 fails to file a return, or to pay the tax, penalty or
12 interest shown in a filed return, or to pay any final
13 assessment of tax, penalty or interest, as required by any
14 tax Act administered by the Illinois Department of Revenue,
15 until such time as the requirements of any such tax Act are
16 satisfied.
17 (5) The Department shall deny without hearing any
18 application for a license or renewal of a license under this
19 Act by a person who has defaulted on an educational loan
20 guaranteed by the Illinois Student Assistance Commission;
21 however, the Department may issue or renew a license if the
22 person in default has established a satisfactory repayment
23 record as determined by the Illinois Student Assistance
24 Commission.
25 (Source: P.A. 89-387, eff. 1-1-96.)
26 (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
27 Sec. 4-20. Violations; penalties. Whoever violates any
28 of the following shall, for the first offense, be guilty of a
29 Class B misdemeanor; for the second offense, shall be guilty
30 of a Class A misdemeanor; and for all subsequent offenses,
31 shall be guilty of a Class 4 felony and be fined not less
32 than $1,000 or more than $5,000:.
33 a. The practice of cosmetology, nail technology,
-5- LRB9000881DPcc
1 esthetics or barbering or an attempt to practice cosmetology,
2 nail technology, esthetics, or barbering without a license as
3 a cosmetologist, nail technician, esthetician or barber or a
4 cosmetology, nail technology, esthetics, or barbering teacher
5 without a license as a cosmetology, nail technology,
6 esthetics or barbering teacher.
7 b. The obtaining of or an attempt to obtain a license or
8 money or any other thing of value by fraudulent
9 misrepresentation.
10 c. Practice in the barber, nail technology, cosmetology
11 or esthetic profession, or an attempt to practice in those
12 professions by fraudulent misrepresentation.
13 d. Wilfully making any false oath or affirmation
14 whenever an oath or affirmation is required by this Act.
15 e. The violation of any of the provisions of this Act,
16 except Section 2-9.
17 (Source: P.A. 89-387, eff. 1-1-96.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.