Public Act 90-0302 of the 90th General Assembly
Public Act 90-0302
HB1354 Enrolled LRB9003867LDsbA
AN ACT to amend the Barber, Cosmetology, Esthetics, and
Nail Technology Act of 1985 by changing Sections 1-4, 1-7,
3-4, 3-6, 3-7, 3-7.1, 3-8, 3A-3, 3A-5, 3A-6, 3A-7, 3B-15,
3C-1, 3C-3, 3C-7, 3C-8, 3C-9, 4-1, 4-4, 4-7, 4-9, 4-19, and
4-20.
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,
1-7, 3-4, 3-6, 3-7, 3-7.1, 3-8, 3A-3, 3A-5, 3A-6, 3A-7,
3B-15, 3C-1, 3C-3, 3C-7, 3C-8, 3C-9, 4-1, 4-4, 4-7, 4-9,
4-19, and 4-20 as follows:
(225 ILCS 410/1-4) (from Ch. 111, par. 1701-4)
Sec. 1-4. Definitions. In this Act the following words
shall have the following meanings:
(1) "Department" means the Department of Professional
Regulation.
(2) "Director" means the Director of Professional
Regulation.
(3) "Committee" means the Barber, Cosmetology, Esthetics,
and Nail Technology Committee.
(4) "Licensed barber" means an individual licensed by the
Department to practice barbering and esthetics as defined in
this Act and whose license is in good standing.
(5) "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.
(6) "Licensed esthetician" means an individual licensed
by the Department to practice esthetics as defined in this
Act and whose license is in good standing.
(7) "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.
(8) "Licensed barber teacher" means an individual
licensed by the Department to practice barbering and
esthetics as defined in this Act and to provide instruction
in the theory and practice of barbering and esthetics to
students in an approved barber school or esthetics school.
(9) "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.
(10) "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.
(11) "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.
(12) "Enrollment" is the date upon which the student
signs an enrollment agreement or student contract.
(13) "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.
(14) "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.
(15) "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.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
Sec. 1-7. Licensure required.
(a) It is unlawful for any person to practice, or to
hold himself or herself out to be a cosmetologist,
esthetician, nail technician, or barber without a license as
a cosmetologist, esthetician, nail technician, or barber
issued by the Department of Professional Regulation pursuant
to the provisions of this Act and of the Civil Administrative
Code of Illinois. It is also unlawful for any person, firm,
partnership, or corporation to own, operate, or conduct a
cosmetology, esthetics, nail technology, or barber school
without a license issued by the Department or to own or
operate a cosmetology, esthetics, or nail technology salon or
barber shop without a certificate of registration issued by
the Department. It is further unlawful for any person to
teach in any cosmetology, esthetics, nail technology, or
barber college or school approved by the Department or hold
himself or herself out as a cosmetology, esthetics, nail
technology, or barber teacher without a license as a teacher,
issued by the Department or as a cosmetology, esthetics, or
nail technology clinic teacher without a license as a clinic
teacher issued by the Department.
(b) Notwithstanding any other provision of this Act, a
person licensed as a cosmetologist or barber may hold himself
or herself out as an esthetician and may engage in the
practice of esthetics, as defined in this Act, without being
licensed as an esthetician. A person licensed as a
cosmetology teacher or barber teacher may teach esthetics or
hold himself or herself out as an esthetics teacher without
being licensed as an esthetics teacher. A person licensed as
a cosmetologist may hold himself or herself out as a nail
technician and may engage in the practice of nail technology,
as defined in this Act, without being licensed as a nail
technician. A person licensed as a cosmetology teacher may
teach nail technology and hold himself or herself out as a
nail technology teacher without being licensed as a nail
technology teacher.
(c) A person licensed as a barber teacher may hold
himself or herself out as a barber and may practice barbering
without a license as a barber. A person licensed as a
cosmetology teacher may hold himself or herself out as a
cosmetologist, esthetician, and nail technologist and may
practice cosmetology, esthetics, and nail technology without
a license as a cosmetologist, esthetician, or nail
technologist. A person licensed as an esthetics teacher may
hold himself or herself out as an esthetician without being
licensed as an esthetician and may practice esthetics. A
person licensed as a nail technician teacher may practice
nail technology and may hold himself or herself out as a nail
technologist without being licensed as a nail technologist.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
Sec. 3-4. Licensure as a cosmetology teacher or
cosmetology clinic teacher; qualifications.
(a) A person is qualified to receive license as a
cosmetology teacher if that person has applied in writing on
forms provided by the Department, has paid the required fees,
and:
(1) a. Is at least 18 years of age;
(2) b. Has graduated from high school or its
equivalent;
(3) c. Has a current license as a cosmetologist;
(4) d. Has either: (i) completed 500 hours of
teacher training in a licensed school of cosmetology and
had 2 years of practical experience as a licensed
cosmetologist within 5 years preceding the examination;
or (ii) completed 1000 hours of teacher training in a
licensed school of cosmetology; and
(5) e. Has passed an examination authorized by the
Department to determine fitness to receive a license as a
cosmetology teacher; and
(6) f. Has met any other requirements of this Act.
A cosmetology teacher who teaches esthetics, in order to
be licensed, shall demonstrate, to the satisfaction of the
Department, current skills in the use of machines used in the
practice of esthetics.
An individual who receives a license as a cosmetology
teacher shall not be required to maintain an active
cosmetology license in order to practice cosmetology as
defined in this Act.
(b) A person is qualified to receive a license as a
cosmetology clinic teacher if he or she has applied in
writing on forms provided by the Department, has paid the
required fees, and:
(1) Is at least 18 years of age;
(2) Has graduated from high school or its
equivalent;
(3) Has a current license as a cosmetologist;
(4) Has completed 250 hours of clinic teacher
training in a licensed school of cosmetology and has 2
years of practical experience as a licensed cosmetologist
within 5 years preceding the examination;
(5) Has passed an examination authorized by the
Department to determine fitness to receive a license as a
cosmetology teacher; and
(6) Has met any other requirements of this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
Sec. 3-6. Examination. The Department shall authorize
examinations of applicants for licensure as cosmetologists,
and teachers of cosmetology at the times and places it may
determine. If an applicant for licensure as a cosmetologist
fails to pass 3 examinations conducted by the Department, the
applicant shall, before taking a subsequent examination,
furnish evidence of not less than 250 hours of additional
study of cosmetology in an approved school of cosmetology
since the applicant last took the examination. If an
applicant for licensure as a cosmetology teacher fails to
pass 3 examinations conducted by the Department, the
applicant shall, before taking a subsequent examination,
furnish evidence of not less than 80 hours of additional
study in teaching methodology and educational psychology in
an approved school of cosmetology since the applicant last
took the examination. An applicant who fails to pass the
fourth examination shall not again be admitted to an
examination unless: (i) in the case of an applicant for
licensure as a cosmetologist, the applicant again takes and
completes a total of 1500 hours in the study of cosmetology
in an approved school of cosmetology extending over a period
that commences after the applicant fails to pass the fourth
examination and that is not less than 8 months nor more than
7 consecutive years in duration; or (ii) in the case of an
applicant for licensure as a cosmetology teacher, the
applicant again takes and completes a total of 1000 hours of
teacher training in an approved school of cosmetology, except
that if the applicant had 2 years of practical experience as
a licensed cosmetologist within the 5 years preceding the
initial examination taken by the applicant, the applicant
must again take and complete 500 hours of teacher training in
an approved school of cosmetology, esthetics, or nail
technology; or (iii) in the case of an applicant for
licensure as a cosmetology clinic teacher, the applicant
again takes and completes a total of 250 hours of clinic
teacher training in a licensed school of cosmetology. Each
cosmetology applicant shall be given a written examination
testing both theoretical and practical knowledge, which shall
include, but not be limited to, questions that determine the
applicant's knowledge of product chemistry, sanitary rules
and regulations, sanitary procedures, chemical service
procedures, hazardous chemicals and exposure minimization,
knowledge of the anatomy of the skin, scalp, and hair as they
relate to applicable services under this Act and labor and
compensation laws.
The examination of applicants for licensure as a
cosmetology, esthetics, or nail technology teacher may
include all of the elements of the exam for licensure as a
cosmetologist, esthetician, or nail technician and also
include teaching methodology, classroom management, record
keeping, and any other related subjects that the Department
in its discretion may deem necessary to insure competent
performance.
This Act does not prohibit the practice of cosmetology by
one who has applied in writing to the Department, in form and
substance satisfactory to the Department, for a license as a
cosmetologist, or the teaching of cosmetology by one who has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a
cosmetology teacher or cosmetology clinic teacher, if the
person has complied with all the provisions of this Act in
order to qualify for a license, except the passing of an
examination to be eligible to receive a license, until: (a)
the expiration of 6 months after the filing of the written
application, (b) the decision of the Department that the
applicant has failed to pass an examination within 6 months
or failed without an approved excuse to take an examination
conducted within 6 months by the Department, or (c) the
withdrawal of the application.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
Sec. 3-7. Licensure; renewal; continuing education;
military service. The holder of a license issued under this
Article III may renew that license during the month preceding
the expiration date thereof by paying the required fee,
giving such evidence as the Department may prescribe of
completing not less than 14 hours of continuing education for
a cosmetologist, and 24 hours of continuing education for a
cosmetology teacher or cosmetology clinic teacher, within the
2 years prior to renewal. The training shall be in subjects
approved by the Department as prescribed by rule upon
recommendation of the Committee.
A license that which has been expired for more than 5
years may be restored by payment of the restoration fee and
submitting evidence satisfactory to the Department of the
current qualifications and fitness of the licensee, which
shall include completion of continuing education hours for
the period subsequent to expiration.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by
registrants, by requiring the filing of continuing education
certificates with the Department, or by other means
established by the Department. The Department may select a
qualified organization that has no direct business
relationship with a licensee, licensed entity or a subsidiary
of a licensed entity under this Act to maintain and verify
records relating to continuing education.
A license issued under the provisions of this Act that
which has expired while the holder of the license was engaged
(1) in federal service on active duty with the Army of the
United States, the United States Navy, the Marine Corps, the
Air Force, the Coast Guard, or any Women's Auxiliary thereof,
or the State Militia called into the service or training of
the United States of America, or (2) in training or education
under the supervision of the United States preliminary to
induction into the military service, may be reinstated or
restored without the payment of any lapsed renewal fees,
reinstatement fee, or restoration fee if within 2 years after
the termination of such service, training, or education other
than by dishonorable discharge, the holder furnishes the
Department with an affidavit to the effect that he or she has
been so engaged and that his or her service, training, or
education has been so terminated.
The Department, in its discretion, may waive enforcement
of the continuing education requirement in this Section and
shall adopt rules and regulations defining the standards and
criteria for that such waiver under the following
circumstances:
(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the
licensee to provide service to the public;
(b) that to comply with the continuing education
requirements would cause a substantial financial hardship
on the licensee;
(c) that the licensee is serving in the United
States Armed Forces; or
(d) that the licensee is incapacitated due to
illness.
The continuing education requirements of this Section do
not apply to a licensee who (i) is at least 62 years of age
or (ii) has been licensed as a cosmetologist, or cosmetology
teacher, or cosmetology clinic teacher for at least 30 years
and does not regularly work as a cosmetologist, or
cosmetology teacher, or cosmetology clinic teacher for more
than 16 hours per week.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
(225 ILCS 410/3-7.1) (from Ch. 111, par. 1703-7.1)
Sec. 3-7.1. Inactive Status. Any cosmetologist, or
cosmetology teacher, or cosmetology clinic teacher who
notifies the Department in writing on forms prescribed by the
Department, may elect to place his or her license on an
inactive status and shall, subject to rules of the
Department, be excused from payment of renewal fees until he
or she notifies the Department in writing of his or her
desire to resume active status.
Any cosmetologist, or cosmetology teacher, or cosmetology
clinic teacher requesting restoration from inactive status
shall be required to pay the current renewal fee and to
qualify for the restoration of his or her license, subject to
rules of the Department. A license shall not be restored
from inactive status unless the cosmetologist, or cosmetology
teacher, or cosmetology clinic teacher requesting the
restoration completes the number of hours of continuing
education required for renewal of a license under Section
3-7.
Any cosmetologist, or cosmetology teacher, or cosmetology
clinic teacher whose license is in an inactive status shall
not practice in the State of Illinois.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3-8) (from Ch. 111, par. 1703-8)
Sec. 3-8. Cosmetologists, and cosmetology teachers, and
cosmetology clinic teachers licensed elsewhere. Except as
otherwise provided in this Act, upon payment of the required
fee, an applicant who is a cosmetologist, or cosmetology
teacher, or cosmetology clinic teacher registered or licensed
under the laws of another state or territory of the United
States or of a foreign country or province may, without
examination, be granted a license as a licensed
cosmetologist, or cosmetology teacher, or cosmetology clinic
teacher by the Department in its discretion upon the
following conditions:
(a) The cosmetologist applicant is at least 16 years of
age and the cosmetology teacher or cosmetology clinic teacher
applicant is at least 18 years of age; and
(b) The requirements for the registration or licensing
of cosmetologists, or cosmetology teachers, or cosmetology
clinic teachers in the particular state, territory, country,
or province were, at the date of the license, substantially
equivalent to the requirements then in force for
cosmetologists, or cosmetology teachers, or cosmetology
clinic teachers in this State; or the applicant has
established proof of legal practice as a cosmetologist, or
cosmetology teacher, or cosmetology clinic teacher in another
jurisdiction for at least 3 years; and
(c) Has met any other requirements of this Act.
The Department shall prescribe reasonable rules and
regulations governing the recognition of and the credit to be
given to the study of cosmetology under a cosmetologist
registered or licensed under the laws of another state or
territory of the United States or a foreign country or
province by an applicant for a license as a cosmetologist,
and for the recognition of legal practice in another
jurisdiction towards the education required under this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
Sec. 3A-3. Licensure as an esthetics teacher;
qualifications.
(a) A person is qualified to receive a license as an
esthetics teacher if that person has applied in writing on
forms supplied by the Department, paid the required fees,
and:
(1) (a) is at least 18 years of age;
(2) (b) has graduated from high school or its
equivalent;
(3) (c) has a current license as a licensed
cosmetologist or esthetician;
(4) (d) has either: (i) (1) completed 500 hours of
teacher training in a licensed school of cosmetology or a
licensed esthetics school and had 2 years of practical
experience as a licensed cosmetologist or esthetician
within 5 years preceding the examination; or (ii) (2)
completed 750 hours of teacher training in a licensed
school of cosmetology approved by the Department to teach
esthetics or a licensed esthetics school;
(5) (e) has passed an examination authorized by the
Department to determine fitness to receive a license as a
licensed cosmetology or esthetics teacher;
(6) (f) demonstrates, to the satisfaction of the
Department, current skills in the use of machines used in
the practice of esthetics; and
(7) (g) has met any other requirements as required
by this Act.
(b) A person is qualified to receive a license as an
esthetics clinic teacher if that person has applied in
writing on forms supplied by the Department, paid the
required fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its
equivalent;
(3) has a current license as a licensed
cosmetologist or esthetician;
(4) has completed 250 hours of clinic teacher
training in a licensed school of cosmetology approved by
the Department to teach esthetics or a licensed esthetics
school and had 2 years of practical experience as a
licensed cosmetologist or esthetician within 5 years
preceding the examination;
(5) has passed an examination authorized by the
Department to determine fitness to receive a license as a
licensed cosmetology teacher or licensed esthetics
teacher;
(6) demonstrates, to the satisfaction of the
Department, current skills in the use of machines used in
the practice of esthetics; and
(7) has met any other requirements required by this
Act.
(c) An applicant who is issued a license as an esthetics
teacher or esthetics clinic teacher is not required to
maintain an esthetics license in order to practice as an
esthetician as defined in this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
Sec. 3A-5. Examination.
(a) The Department shall authorize examinations of
applicants for licenses as estheticians, and teachers of
esthetics at such times and places as it may determine. The
Department shall authorize not less than 4 examinations for
license as estheticians, and esthetics teachers in a calendar
year.
If an applicant neglects, fails without an approved
excuse, or refuses to take the next available examination
offered for licensure under this Act, the fee paid by the
applicant shall be forfeited to the Department and the
application denied. If an applicant fails to pass an
examination for licensure under this Act within 3 years after
filing his or her application, the application shall be
denied. However, such applicant may thereafter make a new
application for examination, accompanied by the required fee,
if he or she meets the requirements in effect at the time of
reapplication. If an applicant for licensure as an
esthetician is unsuccessful at 3 examinations conducted by
the Department, the applicant shall, before taking a
subsequent examination, furnish evidence of not less than 125
hours of additional study of esthetics in an approved school
of cosmetology or esthetics since the applicant last took the
examination. If an applicant for licensure as an esthetics
teacher or esthetics clinic teacher is unsuccessful at 3
examinations conducted by the Department, the applicant
shall, before taking a subsequent examination, furnish
evidence of not less than 80 hours of additional study in
teaching methodology and educational psychology in a licensed
school of cosmetology or esthetics since the applicant last
took the examination. An applicant who fails to pass a
fourth examination shall not again be admitted to an
examination unless (i) in the case of an applicant for
licensure as an esthetician, the applicant shall again take
and complete a total of 750 hours in the study of esthetics
in a licensed school of cosmetology approved to teach
esthetics or esthetics extending over a period that commences
after the applicant fails to pass the fourth examination and
that is not less than 18 weeks nor more than 4 consecutive
years in duration; or (ii) in the case of an applicant for a
license as an esthetics teacher, the applicant shall again
take and complete a total of 750 hours of teacher training in
a school of cosmetology approved to teach esthetics or a
school of esthetics, except that if the applicant had 2 years
of practical experience as a licensed cosmetologist or
esthetician within 5 years preceding the initial examination
taken by the applicant, the applicant must again take and
complete 500 hours of teacher training in licensed
cosmetology or a licensed esthetics school; or (iii) in the
case of an applicant for a license as an esthetics clinic
teacher, the applicant shall again take and complete a total
of 250 hours of clinic teacher training in a licensed school
of cosmetology or a licensed school of esthetics.
(b) Each applicant shall be given a written examination
testing both theoretical and practical knowledge which shall
include, but not be limited to, questions that determine the
applicant's knowledge of:
(1) a. product chemistry;
(2) b. sanitary rules and regulations;
(3) c. sanitary procedures;
(4) d. chemical service procedures;
(5) e. knowledge of the anatomy of the skin, as it
relates to applicable services under this Act;
(6) f. the provisions and requirements of this Act;
and
(7) g. labor and compensation laws.
(c) The examination of applicants for licensure as an
esthetics teacher may shall include all of the above and may
also include:
(1) 1. Teaching methodology;
(2) 2. Classroom management; and
(3) 3. Record keeping and any other subjects that
the Department may deem necessary to insure competent
performance.
(d) This Act does not prohibit the practice of esthetics
by one who has applied in writing to the Department, in form
and substance satisfactory to the Department, for a license
as an esthetician, or an esthetics teacher, or an esthetics
clinic teacher and has complied with all the provisions of
this Act in order to qualify for a license, except the
passing of an examination to be eligible to receive such
license certificate, until: (i) (a) the expiration of 6
months after the filing of such written application, or (ii)
(b) the decision of the Department that the applicant has
failed to pass an examination within 6 months or failed
without an approved excuse to take an examination conducted
within 6 months by the Department, or (iii) (c) the
withdrawal of the application.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
Sec. 3A-6. Licensure; renewal; continuing education;
examination; military service. The holder of a license
issued under this Article may renew such license during the
month preceding the expiration date thereof by paying the
required fee, giving such evidence as the Department may
prescribe of completing not less than 10 hours for
estheticians, and not less than 20 hours of continuing
education for esthetics teachers or esthetics clinic
teachers, within the 2 years prior to renewal. The training
shall be in subjects, approved by the Department as
prescribed by rule upon recommendation of the Committee.
A license that which has expired or been placed on
inactive status may be restored only by payment of the
restoration fee and submitting evidence satisfactory to the
Department of the current qualifications and fitness of the
licensee including the completion of continuing education
hours for the period following expiration.
A license issued under the provisions of this Act that
which has expired while the holder of the license was engaged
(1) in federal service on active duty with the Army of the
United States, the United States Navy, the Marine Corps, the
Air Force, the Coast Guard, or any Women's Auxiliary thereof,
or the State Militia called into the service or training of
the United States of America, or (2) in training or education
under the supervision of the United States preliminary to
induction into the military service, may be reinstated or
restored without the payment of any lapsed renewal fees,
reinstatement fee, or restoration fee if within 2 years after
the termination of such service, training, or education other
than by dishonorable discharge, the holder furnishes the
Department with an affidavit to the effect that he or she has
been so engaged and that his or her service, training, or
education has been so terminated.
The Department, in its discretion, may waive enforcement
of the continuing education requirement in this Section, and
shall adopt rules defining the standards and criteria for
such waiver, under the following circumstances:
(1) (a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee to
provide service to the public;
(2) (b) the licensee's compliance with the continuing
education requirements would cause a substantial financial
hardship on the licensee;
(3) (c) the licensee is serving in the United States
Armed Forces; or
(4) (d) the licensee is incapacitated due to illness.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3A-7) (from Ch. 111, par. 1703A-7)
Sec. 3A-7. Estheticians licensed elsewhere. Upon payment
of the required fee, an applicant who is an esthetician
registered or licensed under the laws of another state or
territory of the United States or of a foreign country or
province may, without examination, be granted a license as a
licensed esthetician by the Department in its discretion upon
the following conditions:
(a) In the case of an esthetician registered or licensed
elsewhere,
(1) The applicant is at least 16 years of age; and
(2) The requirements for the registration or
licensing of estheticians in the particular state,
territory, country, or province were at the date of the
license substantially equivalent to the requirements then
in force in this State.
(b) In the case of an esthetics teacher or esthetics
clinic teacher registered or licensed elsewhere,
(1) The applicant is at least 18 years of age; and
(2) The requirements for the registration or
licensing of esthetics teachers or esthetics clinic
teachers teacher in the particular state, territory,
country, or province were at the date of the license
substantially equivalent to the requirements then in
force in this State; or the applicant has established
proof of legal practice as an esthetics teacher in
another jurisdiction for at least 3 years.
An applicant who has been licensed to practice esthetics
in another state may receive credit of at least 300 hours for
each year of experience toward the education required under
this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3B-15)
Sec. 3B-15. Grounds for disciplinary action. In addition
to any other cause herein set forth the Department may refuse
to issue or renew and may suspend, place on probation, or
revoke any license to operate a school, or take any other
action that the Department may deem proper, including the
imposition of civil penalties not to exceed $1,000 for each
violation, for any one or any combination of the following
causes:
(1) Repeated violation of any provision of this Act or
any standard or rule established under this Act.
(2) Knowingly furnishing false, misleading, or
incomplete information to the Department or failure to
furnish information requested by the Department.
(3) Violation of any commitment made in an application
for a license, including failure to maintain standards that
are the same as, or substantially equivalent to, those
represented in the school's applications and advertising.
(4) Presenting to prospective students information
relating to the school, or to employment opportunities or
opportunities for enrollment in institutions of higher
learning after entering into or completing courses offered by
the school, that which is false, misleading, or fraudulent.
(5) Failure to provide premises or equipment or to
maintain them in a safe and sanitary condition as required by
law.
(6) Failure to maintain financial resources adequate for
the satisfactory conduct of the courses of instruction
offered or to retain a sufficient and qualified instructional
and administrative staff.
(7) Refusal to admit applicants on account of race,
color, creed, sex, physical or mental handicap unrelated to
ability, religion, or national origin.
(8) Paying a commission or valuable consideration to any
person for acts or services performed in violation of this
Act.
(9) Attempting to confer a fraudulent degree, diploma,
or certificate upon a student.
(10) Failure to correct any deficiency or act of
noncompliance under this Act or the standards and rules
established under this Act within reasonable time limits set
by the Department.
(11) Conduct of business or instructional services other
than at locations approved by the Department.
(12) Failure to make all of the disclosures or making
inaccurate disclosures to the Department or in the enrollment
agreement as required under this Act.
(13) Failure to make appropriate refunds as required by
this Act.
(14) Denial, loss, or withdrawal of accreditation by any
accrediting agency.
(15) During any calendar year, having a failure rate of
25% or greater for those of its students student who for the
first time take the examination authorized by the Department
to determine fitness to receive a license as a
cosmetologist, cosmetology teacher, esthetician, esthetician
teacher, nail technician, or nail technology teacher
provided that a student who transfers into the school with
750 or more hours for cosmetologists, 375 or more hours for
estheticians, 175 or more hours for nail technician, or 500
or more hours for teachers or 125 or more hours for clinic
teachers and who takes the examination during that calendar
year shall not be counted for purposes of determining the
school's failure rate on an examination, without regard to
whether that transfer student passes or fails the
examination.
(16) Failure to maintain a written record indicating the
funds received per student and funds paid out per student.
Such records shall be maintained for a minimum of 7 years and
shall be made available to the Department upon request. Such
records shall identify the funding source and amount for any
student who has enrolled as well as any other item set forth
by rule.
(17) Failure to maintain a copy of the student record as
defined by rule.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
Sec. 3C-1. Definitions. "Nail technician" means any
person who for compensation manicures, pedicures, or
decorates nails, applies sculptured or otherwise artificial
nails by hand or with mechanical or electrical apparatus or
appliances, or in any way cares for the nails of another
person for other than therapeutic purposes.
"Nail technician teacher" means an individual licensed by
the Department to provide instruction in the theory and
practice of nail technology to students in an approved nail
technology 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.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
Sec. 3C-3. Licensure as a nail technology teacher or
nail technology clinic teacher; qualifications.
(a) A person is qualified to receive a license as a nail
technology teacher if that person has filed an application on
forms provided by the Department, paid the required fee, and:
(1) (a) is at least 18 years of age;
(2) (b) has graduated from high school or its
equivalent;
(3) (c) has a current license as a cosmetologist or
nail technician;
(4) (d) has either: (1) completed 500 hours of
teacher training in a licensed school of nail technology
or cosmetology, and had 2 years of practical experience
as a nail technician; or (2) has completed 625 hours of
teacher training in a licensed school of cosmetology
approved to teach nail technology or school of nail
technology; and
(5) (e) who has passed an examination authorized by
the Department to determine fitness to receive a license
as a cosmetology or nail technology teacher.
(b) A person is qualified to receive a license as a nail
technology clinic teacher if that person has applied in
writing on forms supplied by the Department, paid the
required fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its
equivalent;
(3) has a current license as a licensed
cosmetologist or nail technician;
(4) has completed 250 hours of clinic teacher
training in a licensed school of cosmetology or a
licensed nail technology school and had 2 years of
practical experience as a licensed cosmetologist or nail
technician within 5 years preceding the examination;
(5) has passed an examination authorized by the
Department to determine fitness to receive a license as a
licensed cosmetology teacher or licensed nail technology
teacher;
(6) demonstrates, to the satisfaction of the
Department, current skills in the use of machines used in
the practice of nail technology; and
(7) has met any other requirements required by this
Act.
(c) An applicant who receives a license as a nail
technology teacher or nail technology clinic teacher shall
not be required to maintain a license as a nail technician.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
Sec. 3C-7. Examinations; failure or refusal to take
examination. The Department shall authorize examinations of
applicants for licenses as nail technicians and teachers of
nail technology at the times and places as it may determine.
The Department shall authorize not less than 4
examinations for licenses as nail technicians, technologists
and nail technology teachers in a calendar year.
If an applicant neglects, fails without an approved
excuse, or refuses to take the next available examination
offered for licensure under this Act, the fee paid by the
applicant shall be forfeited to the Department and the
application denied. If an applicant fails to pass an
examination for licensure under this Act within 3 years after
filing an application, the application shall be denied.
Nevertheless, the applicant may thereafter make a new
application for examination, accompanied by the required fee,
if he or she meets the requirements in effect at the time of
reapplication. If an applicant for licensure as a nail
technician, or as a nail technology teacher, or nail
technology clinic teacher is unsuccessful at 3 examinations
conducted by the Department, the applicant shall, before
taking a subsequent examination, furnish evidence of
successfully completing (i) for a nail technician, not less
than 60 hours of additional study of nail technology in a
licensed school of cosmetology approved to teach nail
technology or nail technology and (ii) for a nail technology
teacher or nail technology clinic teacher, not less than 80
hours of additional study in teaching methodology and
educational psychology in an approved school of cosmetology
or nail technology since the applicant last took the
examination.
An applicant who fails the fourth examination shall not
again be admitted to an examination unless: (i) in the case
of an applicant for a license as a nail technician, the
applicant again takes and completes a total of 350 hours in
the study of nail technology in an approved school of
cosmetology or nail technology extending over a period that
commences after the applicant fails to pass the fourth
examination and that is not less than 8 weeks nor more than 2
consecutive years in duration; or (ii) in the case of an
applicant for licensure as a nail technology teacher, the
applicant again takes and completes a total of 625 hours of
teacher training in an approved school of cosmetology, or
nail technology, except that if the applicant had 2 years of
practical experience as a licensed nail technician within 5
years preceding the initial examination taken by the
applicant, the applicant must again take and complete 500
hours of teacher training in a licensed school of cosmetology
approved to teach nail technology, or a licensed school of
nail technology or 250 hours of clinic teacher training in a
licensed school of cosmetology.
Each applicant for licensure as a nail technician shall
be given a written examination testing both theoretical and
practical knowledge, which shall include, but not be limited
to, questions that determine the applicant's knowledge of
product chemistry, sanitary rules and regulations, sanitary
procedures, hazardous chemicals and exposure minimization,
this Act, and labor and compensation laws.
The examination for licensure as a nail technology
teacher or nail technology clinic teacher may shall include
knowledge of the subject matter, teaching methodology,
classroom management, record keeping, and any other subjects
that the Department in its discretion may deem necessary to
insure competent performance.
This Act does not prohibit the practice of nail
technology by a person who has applied in writing to the
Department, in form and substance satisfactory to the
Department, for a license as a nail technician, or the
teaching of nail technology by one who has applied in writing
to the Department, in form and substance satisfactory to the
Department, for a license as a nail technology teacher or
nail technology clinic teacher, if the person has complied
with all the provisions of this Act in order to qualify for a
license, except the passing of an examination to be eligible
to receive a license, until: (a) the expiration of 6 months
after the filing of the written application, or (b) the
decision of the Department that the applicant has failed to
pass an examination within 6 months or failed without an
approved excuse to take an examination conducted within 6
months by the Department, or (c) the withdrawal of the
application.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
Sec. 3C-8. License renewal; expiration; continuing
education; persons in military service. The holder of a
license issued under this Article may renew that license
during the month preceding the expiration date of the license
by paying the required fee and giving evidence, as the
Department may prescribe, of completing not less than 10
hours of continuing education for a nail technician and 20
hours of continuing education for a nail technology teacher
or nail technology clinic teacher, within the 2 years prior
to renewal. The continuing education shall be in subjects,
approved by the Department upon recommendation of the Barber,
Cosmetology, Esthetics, and Nail Technology Committee,
relating to the practice of nail technology, including, but
not limited to, review of sanitary procedures, review of
chemical service procedures, review of this Act, and review
of the Workers' Compensation Act. However, at least 10 of
the hours of continuing education required for a nail
technology teacher or nail technology clinic teacher shall be
in subjects relating to teaching methodology, educational
psychology, and classroom management or in other subjects
related to teaching.
A license that has been expired or placed on inactive
status may be restored only by payment of the restoration fee
and submitting evidence satisfactory to the Department of the
meeting of current qualifications and fitness of the
licensee, including the completion of continuing education
hours for the period subsequent to expiration.
A license issued under this Article that has expired
while the holder of the license was engaged (1) in federal
service on active duty with the Army of the United States,
the United States Navy, the Marine Corps, the Air Force, the
Coast Guard, or any Women's Auxiliary thereof, or the State
Militia called into the service or training of the United
States of America, or (2) in training or education under the
supervision of the United States preliminary to induction
into the military service, may be reinstated or restored
without the payment of any lapsed renewal fees, reinstatement
fee or restoration fee if, within 2 years after the
termination of the service, training, or education other than
by dishonorable discharge, the holder furnishes the
Department with an affidavit to the effect that the
certificate holder has been so engaged and that the service,
training, or education has been so terminated.
The Department, in its discretion, may waive enforcement
of the continuing education requirement in this Section, and
shall adopt rules defining the standards and criteria for
such waiver, under the following circumstances:
(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee to
provide service to the public;
(b) the licensee's compliance with the continuing
education requirements would cause a substantial financial
hardship on the licensee;
(c) the licensee is serving in the United States Armed
Forces; or
(d) the licensee is incapacitated due to illness.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
(225 ILCS 410/3C-9) (from Ch. 111, par. 1703C-9)
Sec. 3C-9. Endorsement. Upon payment of the required
fee, an applicant who is a nail technician, or nail
technology teacher, or nail technology clinic teacher
registered or licensed under the laws of another state or
territory of the United States or of a foreign country or
province may, without examination, be granted a license as a
nail technician, or nail technology teacher, or nail
technology clinic teacher by the Department in its discretion
upon the following conditions:
(a) For a nail technologist registered or licensed
elsewhere:
(1) the applicant is at least 16 years of age; and
(2) the requirements for the registration or
licensing of nail technicians in the particular state,
territory, country or province were, at the date of
licensure, substantially equivalent to the requirements
then in force in this State. The Department shall
prescribe reasonable rules and regulations governing the
recognition of and the credit to be given to the study of
nail technology under a cosmetologist or nail technician
registered or licensed under the laws of another state or
territory of the United States or a foreign country or
province by an applicant for a license as a nail
technician.
(b) For a nail technology teacher or nail technology
clinic teacher licensed or registered elsewhere:
(1) the applicant is at least 18 years of age; and
(2) the requirements for the licensing of nail
technology teachers or nail technology clinic teachers in
the other jurisdiction were, at the date of licensure,
substantially equivalent to the requirements then in
force in this State; or the applicant has established
proof of legal practice as a nail technology teacher or
nail technology clinic teacher in another jurisdiction
for at least 3 years.
The Department shall allow applicants who have been
licensed to practice nail technology in other states a credit
of at least 75 hours for each year of experience toward the
education required under this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
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) 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) 2. To establish 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) 3. To prescribe rules for:
(i) a. 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) b. Minimum standards as to what constitutes an
approved school of cosmetology, esthetics, nail
technology, or barbering.
(4) 4. To conduct investigations or hearings on
proceedings to determine disciplinary action.
(5) 5. To prescribe reasonable rules governing the
sanitary regulation and inspection of cosmetology, esthetics,
nail technology, or barbering schools.
(6) 6. To prescribe, subject to and consistent with the
provisions of Section 4-1.5, 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) 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.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
Sec. 4-4. Issuance of license. Whenever the provisions
of this Act have been complied with, the Department shall
issue a license as a cosmetologist, esthetician, nail
technician, or barber, or a license as a cosmetology,
esthetics, nail technology, or barbering teacher, or a
license as a cosmetology, esthetics, or nail technology
clinic teacher as the case may be.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
Sec. 4-7. Refusal, suspension and revocation of
licenses; causes; disciplinary action.
(1) The Department may refuse to issue or renew, and may
suspend, revoke, place on probation, reprimand or take any
other disciplinary action as the Department may deem proper,
including civil penalties not to exceed $500 for each
violation, with regard to any license for any one, or any
combination, of the following causes:
a. Conviction of any crime under the laws of the
United States or any state or territory thereof that is
(i) a felony, (ii) a misdemeanor, an essential element of
which is dishonesty, or (iii) a crime which is related to
the practice of the profession.
b. Conviction of any of the violations listed in
Section 4-20.
c. Material misstatement in furnishing information
to the Department.
d. Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this
Act or its rules.
e. Aiding or assisting another person in violating
any provision of this Act or its rules.
f. Failing, within 60 days, to provide information
in response to a written request made by the Department.
g. Discipline by another state, territory, or
country if at least one of the grounds for the discipline
is the same as or substantially equivalent to those set
forth in this Act.
h. Practice in the barber, nail technology,
esthetics, or cosmetology profession, or an attempt to
practice in those professions, by fraudulent
misrepresentation.
i. Gross malpractice or gross incompetency.
j. Continued practice by a person knowingly having
an infectious or contagious disease.
k. Solicitation of professional services by using
false or misleading advertising.
l. A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
m. Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually
or personally rendered.
n. Violating any of the provisions of this Act or
rules adopted pursuant to this Act.
o. Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to, false records filed with State agencies
or departments.
p. Habitual or excessive use addiction to alcohol,
narcotics, stimulants, or any other chemical agent or
drug that results in the inability to practice with
reasonable judgment, skill or safety.
q. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as may be defined by rules of
the Department, or violating the rules of professional
conduct which may be adopted by the Department.
r. Permitting any person to use for any unlawful or
fraudulent purpose one's diploma or license or
certificate of registration as a cosmetologist, nail
technician, esthetician, or barber or cosmetology, nail
technology, esthetics, or barbering teacher or salon or
shop or cosmetology, esthetics, or nail technology clinic
teacher.
s. Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(2) In rendering an order, the Director shall take into
consideration the facts and circumstances involving the type
of acts or omissions in paragraph (1) of this Section
including, but not limited to:
(a) the extent to which public confidence in the
cosmetology, nail technology, esthetics, or barbering
profession was, might have been, or may be, injured;
(b) the degree of trust and dependence among the
involved parties;
(c) the character and degree of harm which did
result or might have resulted;
(d) the intent or mental state of the licensee at
the time of the acts or omissions.
(3) The Department shall reissue the license or
registration upon certification by the Committee that the
disciplined licensee or registrant has complied with all of
the terms and conditions set forth in the final order or has
been sufficiently rehabilitated to warrant the public trust.
(4) The Department may refuse to issue or may suspend
the license or certificate of registration of any person who
fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final
assessment of tax, penalty or interest, as required by any
tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(5) The Department shall deny without hearing any
application for a license or renewal of a license under this
Act by a person who has defaulted on an educational loan
guaranteed by the Illinois Student Assistance Commission;
however, the Department may issue or renew a license if the
person in default has established a satisfactory repayment
record as determined by the Illinois Student Assistance
Commission.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
Sec. 4-9. Practice without a license or after suspension
or revocation thereof.
(a) If any person violates the provisions of this Act,
the Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, petition, for an order enjoining such violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in such court, the court may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the Court may punish the offender
for contempt of court. Proceedings under this Section shall
be in addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
(b) If any person shall practice as a barber,
cosmetologist, nail technician, or esthetician, or teacher
thereof or cosmetology, esthetics, or nail technology clinic
teacher or hold himself out as such without being licensed
under the provisions of this Act, then any licensee, any
interested party, or any person injured thereby may, in
addition to the Director, petition for relief as provided in
subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue
a rule to show cause why an order to cease and desist should
not be entered against him. The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer
to the satisfaction of the Department. Failure to answer to
the satisfaction of the Department shall cause an order to
cease and desist to be issued immediately.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
Sec. 4-19. Emergency suspension. The Director may
temporarily suspend the license of a barber, cosmetologist,
nail technician, esthetician or teacher thereof or of a
cosmetology, esthetics, or nail technology clinic teacher
without a hearing, simultaneously with the institution of
proceedings for a hearing provided for in Section 4-10 of
this Act, if the Director finds that evidence in his
possession indicates that the licensee's continuation in
practice would constitute an imminent danger to the public.
In the event that the Director suspends, temporarily, this
license without a hearing, a hearing must be held within 30
days after such suspension has occurred.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
Sec. 4-20. Violations; penalties. Whoever violates any
of the following shall, for the first offense, be guilty of a
Class B misdemeanor; for the second offense, shall be guilty
of a Class A misdemeanor; and for all subsequent offenses,
shall be guilty of a Class 4 felony and be fined not less
than $1,000 or more than $5,000.
(1) a. The practice of cosmetology, nail technology,
esthetics or barbering or an attempt to practice cosmetology,
nail technology, esthetics, or barbering without a license as
a cosmetologist, nail technician, esthetician or barber or a
cosmetology, nail technology, esthetics, or barbering teacher
without a license as a cosmetology, nail technology,
esthetics or barbering teacher or as a cosmetology,
esthetics, or nail technology clinic teacher without a proper
license.
(2) b. The obtaining of or an attempt to obtain a
license or money or any other thing of value by fraudulent
misrepresentation.
(3) c. Practice in the barber, nail technology,
cosmetology or esthetic profession, or an attempt to practice
in those professions by fraudulent misrepresentation.
(4) d. Wilfully making any false oath or affirmation
whenever an oath or affirmation is required by this Act.
(5) e. The violation of any of the provisions of this
Act.
(Source: P.A. 89-387, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.