Public Act 096-1076
Public Act 1076 96TH GENERAL ASSEMBLY
|
Public Act 096-1076
| | SB2799 Enrolled | LRB096 16272 ASK 31529 b |
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| AN ACT concerning professional regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Barber, Cosmetology, Esthetics, and Nail
| Technology Act of 1985 is amended by changing Sections 1-4, | 3-1, 3A-1, and 4-1 as follows:
| (225 ILCS 410/1-4) (from Ch. 111, par. 1701-4)
| (Section scheduled to be repealed on January 1, 2016)
| Sec. 1-4. Definitions. In this Act the following words | shall have the
following meanings:
| "Board" means the Barber, Cosmetology, Esthetics, and Nail | Technology Board.
| "Department" means the Department of Professional | Regulation.
| "Director" means the Director of Professional Regulation.
| "Licensed barber" means an individual licensed by the | Department
to practice barbering as defined in this Act and | whose
license is in good standing.
| "Licensed barber clinic teacher" means an individual | licensed by the Department to practice barbering, as defined in | this Act, and to provide clinical instruction in the practice | of barbering in an approved school of barbering.
| "Licensed cosmetologist" means an individual licensed by |
| the
Department to practice cosmetology, nail technology, and | esthetics as
defined in this Act and whose license is in good | standing.
| "Licensed esthetician" means an individual
licensed by the
| Department to practice esthetics as defined in this Act and | whose
license is in good standing.
| "Licensed nail technician" means any individual
licensed | by
the Department to practice nail technology as defined in | this Act and whose
license is in good standing.
| "Licensed barber teacher" means an individual
licensed
by | the Department to practice barbering as defined in this Act
and | to provide instruction in the theory and practice of barbering | to students in an approved barber school.
| "Licensed cosmetology teacher" means an individual
| licensed by the Department to practice cosmetology,
esthetics, | and nail technology as defined in this Act
and to provide | instruction in the theory and
practice of cosmetology, | esthetics, and nail technology to
students in an approved | cosmetology, esthetics, or nail technology school.
| "Licensed cosmetology clinic teacher" means an individual | licensed by the
Department to practice cosmetology, esthetics, | and nail technology as defined
in this Act and to provide | clinical instruction in the practice of cosmetology,
| esthetics, and nail technology in an approved school of | cosmetology, esthetics,
or nail technology.
| "Licensed esthetics teacher" means an individual
licensed |
| by
the Department to practice esthetics as defined in this Act | and to provide
instruction in the theory and practice of | esthetics
to students in an approved cosmetology or esthetics | school.
| "Licensed esthetics clinic teacher" means an individual | licensed by the
Department to practice esthetics as defined in | this Act and to provide clinical
instruction in the practice of | esthetics in an approved school of cosmetology
or an approved | school of esthetics.
| "Licensed nail technology teacher" means an individual
| licensed by the Department to practice nail technology and
to | provide instruction in the theory and
practice of nail | technology to students in an approved nail technology school
or | cosmetology school.
| "Licensed nail technology clinic teacher" means an | individual licensed by
the Department to practice nail | technology as defined in this Act and to
provide clinical | instruction in the practice of nail technology in an approved
| school of cosmetology or an approved school of nail technology.
| "Enrollment" is the date upon which the student signs an
| enrollment agreement or student contract.
| "Enrollment agreement" or "student contract" is any | agreement,
instrument, or contract however named, which | creates or evidences an
obligation binding a student to | purchase a course of instruction from a school.
| "Enrollment time" means the maximum number of hours a |
| student
could have attended class, whether or not the student | did in fact attend
all those hours.
| "Elapsed enrollment time" means the enrollment time | elapsed between
the actual starting date and the date of the | student's last day of physical
attendance in the school.
| "Threading" means any technique that results in the removal | of superfluous hair from the body by twisting thread around | unwanted hair and then pulling it from the skin; and may also | include the incidental trimming of eyebrow hair. | (Source: P.A. 94-451, eff. 12-31-05; 94-871, eff. 6-16-06.)
| (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
| (Section scheduled to be repealed on January 1, 2016)
| Sec. 3-1. Cosmetology defined. Any one or any combination | of the
following practices constitutes the practice of | cosmetology when done for
cosmetic or beautifying purposes and | not for the treatment of disease or of
muscular or nervous | disorder: arranging, braiding, dressing, cutting,
trimming,
| curling, waving, chemical restructuring, shaping, singeing, | bleaching,
coloring or similar work, upon the hair of the head | or any cranial prosthesis; cutting or trimming
facial hair of | any person; any practice of
manicuring, pedicuring, decorating | nails, applying sculptured nails or
otherwise artificial nails | by hand or with mechanical or electrical
apparatus or | appliances, or in any way caring for the nails or the skin of
| the hands or feet including massaging the hands, arms, elbows, |
| feet, lower
legs, and knees of another
person for other than | the treatment of medical disorders; any practice of epilation | or
depilation of any person; any practice for the purpose of | cleansing,
massaging or toning the skin of the scalp; | beautifying, massaging,
cleansing, exfoliating, or stimulating
| the stratum corneum of the epidermis by the use of cosmetic
| preparations, body treatments, body wraps, the use of
| hydrotherapy, or any device,
electrical, mechanical, or | otherwise; applying make-up or
eyelashes to any person or | lightening hair
on the body and removing superfluous hair from | the body of any person by
the use of depilatories, waxing, | threading, or tweezers. The term "cosmetology" does
not include | the services provided by an electrologist. Nail technology is
| the practice and the study of cosmetology only to the
extent of | manicuring, pedicuring, decorating, and applying sculptured or
| otherwise artificial nails, or in any way caring for the nail | or the skin of
the hands or feet including massaging the hands, | arms, elbows, feet, lower
legs,
and knees.
Cosmetologists are | prohibited from using any technique, product, or practice | intended to affect the living layers of the skin. The term | cosmetology includes
rendering advice on what is cosmetically | appealing, but no person licensed
under this Act shall render | advice on what is appropriate medical treatment
for diseases of | the skin. Purveyors of cosmetics may demonstrate such cosmetic
| products in conjunction with any sales promotion and shall not | be
required to hold a license under this Act.
Nothing in this |
| Act shall be construed to prohibit the shampooing of hair
by | persons employed for that purpose and who perform that task
| under the direct supervision of a licensed cosmetologist or | licensed
cosmetology teacher.
| (Source: P.A. 94-451, eff. 12-31-05.)
| (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
| (Section scheduled to be repealed on January 1, 2016)
| Sec. 3A-1. Esthetics defined.
| (A) Any one or combination of the
following practices, when | done for cosmetic or beautifying purposes and not for the | treatment of disease or of a muscular or nervous disorder,
| constitutes the practice of esthetics:
| 1. Beautifying, massaging, cleansing, exfoliating, or | stimulating the stratum corneum of
the epidermis
by the use | of cosmetic preparations, body
treatments, body wraps, | hydrotherapy,
or any device, electrical, mechanical, or
| otherwise, for the care of the skin;
| 2. Applying make-up or eyelashes to any person or | lightening hair on the body except the scalp; and
| 3. Removing superfluous hair from the body of any | person.
| However, esthetics does not include the services
provided | by a cosmetologist or electrologist. Estheticians are | prohibited
from using techniques, products, and practices | intended to affect the living layers of the skin. The term |
| esthetics includes rendering advice on what is
cosmetically | appealing, but no person licensed under this Act shall render
| advice on what is appropriate medical treatment for diseases of | the skin.
| (B)
"Esthetician" means any person who, with hands or | mechanical or
electrical apparatus or appliances, engages only | in the use of cosmetic
preparations, body treatments, body | wraps, hydrotherapy, makeups,
antiseptics, tonics, lotions, | creams or
other preparations or in the practice of massaging, | cleansing, exfoliating
the stratum corneum of the epidermis,
| stimulating,
manipulating, beautifying, grooming, threading, | or similar work on the
face, neck, arms and hands or body in a | superficial mode, and not for
the treatment of medical | disorders.
| (Source: P.A. 94-451, eff. 12-31-05.)
| (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
| (Section scheduled to be repealed on January 1, 2016)
| Sec. 4-1. Powers and duties of Department. The Department | shall
exercise, subject to the provisions of this Act, the | following functions,
powers and duties:
| (1) To cause to be conducted examinations to ascertain | the
qualifications and fitness of applicants for licensure | as
cosmetologists, estheticians, nail technicians, or | barbers and as
cosmetology, esthetics, nail technology, or | barbering teachers.
|
| (2) To determine the qualifications for licensure as a
| cosmetologist,
esthetician, nail technician, or barber or | cosmetology, esthetics, nail
technology, or barber teacher | or cosmetology, esthetics, or nail technology
clinic | teachers for persons currently licensed as
cosmetologists, | estheticians, nail technicians, or barbers or cosmetology,
| esthetics, nail technology, or barber teachers or | cosmetology, esthetics, or
nail technology clinic teachers
| outside the State of
Illinois or the continental U.S.
| (3) To prescribe rules for:
| (i) The method of examination of candidates for | licensure as a
cosmetologist, esthetician, nail | technician, or barber or cosmetology,
esthetics, nail | technology, or barbering teacher.
| (ii) Minimum standards as to what constitutes an | approved
school of cosmetology, esthetics, nail | technology, or barbering.
| (4) To conduct investigations or hearings on | proceedings to
determine
disciplinary action.
| (5) To prescribe reasonable rules governing the | sanitary
regulation
and inspection of cosmetology, | esthetics, nail technology, or barbering
schools, salons, | or shops.
| (6) To prescribe reasonable rules for the method of | renewal for each license
as a cosmetologist, esthetician, | nail technician,
or barber or cosmetology, esthetics, nail |
| technology, or
barbering teacher or cosmetology, | esthetics, or nail technology clinic
teacher.
| (7) To prescribe reasonable rules for the method of
| registration, the
issuance, fees, renewal and discipline | of a certificate of registration for the
ownership or | operation of cosmetology, esthetics, and nail technology | salons
and barber shops.
| (8) To adopt rules concerning sanitation requirements, | requirements for education on sanitation, and any other | health concerns associated with threading. | (Source: P.A. 94-451, eff. 12-31-05.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/16/2010
|
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