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Public Act 91-0863
SB1339 Enrolled LRB9111014LDpk
AN ACT to amend the Barber, Cosmetology, Esthetics, and
Nail Technology Act of 1985 by changing Sections 3-1, 3-2,
3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and 4-23.
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 3-1,
3-2, 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and
4-23 as follows:
(225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
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; 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 therapeutic
purposes; 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 the stratum corneum of the epidermis,
or stimulating the skin of the human body by the use of
cosmetic preparations, antiseptics, body treatments, body
wraps, the use of hydrotherapy, tonics, lotions or creams or
any device, electrical or otherwise, for the care of the
skin; applying make-up or eyelashes to any person, tinting
eyelashes and eyebrows and lightening hair on the body and
removing superfluous hair from the body of any person by the
use of depilatories, waxing 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 performing any procedure that may puncture or abrade the
skin below the stratum corneum of the epidermis or remove
closed milia comedones (whiteheads) which may draw blood or
serous body fluid. 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. 89-387, eff. 1-1-96.)
(225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
Sec. 3-2. Licensure; qualifications.
(1) A person is qualified to receive a license as a
cosmetologist who has filed an application on forms provided
by the Department, pays the required fees, and:
a. Is at least l6 years of age; and
b. Has graduated from an eighth grade elementary
school, or its equivalent; and
c. Has graduated from a school of cosmetology
approved by the Department, having completed a total of
l500 hours in the study of cosmetology extending over a
period of not less than 8 months nor more than 7
consecutive years. A school of cosmetology may, at its
discretion, consistent with the rules of the Department,
accept up to 500 hours of barber school training at a
recognized barber school toward the l500 hour program
course requirement of cosmetology. Time spent in such
study under the laws of another state or territory of the
United States or of a foreign country or province shall
be credited toward the period of study required by the
provisions of this paragraph; and
d. Has passed an examination authorized by the
Department to determine fitness to receive a license as a
cosmetologist. The requirements for remedial training set
forth in Section 3-6 of this Act may be waived in whole
or in part by the Department upon proof to the Department
that the applicant has demonstrated competence to again
sit for the examination. The Department shall promulgate
rules establishing the standards by which such
determination shall be made; and
e. Has met any other requirements of this Act.
(2) If the applicant applies for a license as a
cosmetologist on September 1, 2000 or September 2, 2000, the
Department may accept a verified 10 years of cosmetology
experience, which may include esthetics or nail technology
experience, before July 1, 2000 in lieu of the requirements
in items c and d of subsection (1) of this Section.
(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 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) 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 either: (i) completed a program of 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 a program of 1,000 hours
of teacher training in a licensed school of cosmetology;
(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.
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 a program of 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. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.)
(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,
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 program 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; (ii) in
the case of an applicant for licensure as a cosmetology
teacher, the applicant again takes and completes a program
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 a
program of 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 program 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,
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.
A person who took the September 10, 1994 cosmetology
licensure examination for the sixth time and failed the
examination and failed to request a reader based upon a
documented learning disability may reapply for the
examination within 6 months of the effective date of this
amendatory Act of the 91st General Assembly without having to
complete the additional 1,500 hours of instruction required
under this Act.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
(225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
Sec. 3A-1. Esthetics and esthetician defined.
(A) Any person who for compensation, whether direct or
indirect, including tips, engages in the following practices
engages in the practice of esthetics:
1. Beautifying, massaging, cleansing, exfoliating
the stratum corneum of the epidermis or stimulating the
skin of the human body, except the scalp, by the use of
cosmetic preparations, body treatments, body wraps, the
use of hydrotherapy, antiseptics, tonics, lotions or
creams or any device, electrical or otherwise, for the
care of the skin;
2. Applying make-up or eyelashes to any person,
tinting eyelashes and eyebrows and lightening hair on the
body except the scalp; and
3. Removing superfluous hair from the body of any
person by the use of depilatories, waxing or tweezers.
However, esthetics does not include the services provided
by a cosmetologist or electrologist. Estheticians are
prohibited from performing any procedure which may puncture
or abrade the skin below the stratum corneum of the epidermis
or remove closed milia comedones (whiteheads) which may draw
blood or serous body fluid. 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
or similar work on the face, neck, arms and hands or body in
a superficial mode, and not for the treatment of medical
disorders therapeutic purposes.
(Source: P.A. 85-1302.)
(225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
Sec. 3A-2. Licensure as an esthetician; qualifications.
A person is qualified to receive a license as a licensed
esthetician if that person has applied in writing on forms
provided by the Department, paid any required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school
providing secondary education, or the recognized equivalent
of such a certificate, or persons who are beyond the age of
compulsory school attendance; and
c. Has graduated from a school of cosmetology or
esthetics approved by the Department, having completed a
program total of 750 hours in the study of esthetics
extending over a period of not less than 18 weeks nor more
than 4 consecutive years. Time spent in such study under the
laws of another state or territory of the United States or of
a foreign country or province shall be credited toward the
period of study required by the provisions of this paragraph;
and
d. Has passed an examination authorized by the
Department to determine fitness to receive a license as a
licensed esthetician; and
e. Has met any other requirements of this Act and rules.
(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) 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 either: (i) completed a program of 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) completed a program of 750 hours of teacher
training in a licensed school of cosmetology approved by
the Department to teach esthetics or a licensed esthetics
school;
(5) has passed an examination authorized by the
Department to determine fitness to receive a license as a
licensed cosmetology or 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 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 a program of 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; 90-302, eff. 8-1-97.)
(225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
Sec. 3A-5. Examination.
(a) The Department shall authorize examinations of
applicants for a license as an esthetician or teacher of
esthetics at such times and places as it may determine. The
Department shall authorize no fewer than 4 examinations for a
license as an esthetician or a teacher of esthetics 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 program total of 750 hours in the study of
esthetics in a licensed school of cosmetology approved to
teach esthetics or a school of 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; (ii) in the case
of an applicant for a license as an esthetics teacher, the
applicant shall again take and complete a program 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 a program of 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 program 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) product chemistry;
(2) sanitary rules and regulations;
(3) sanitary procedures;
(4) chemical service procedures;
(5) knowledge of the anatomy of the skin, as it
relates to applicable services under this Act;
(6) the provisions and requirements of this Act;
and
(7) labor and compensation laws.
(c) The examination of applicants for licensure as an
esthetics teacher may include all of the above and may also
include:
(1) teaching methodology;
(2) classroom management; and
(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, 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) the expiration of 6 months
after the filing of such written application, or (ii) 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) the withdrawal of the
application.
(Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.)
(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 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 therapeutic
purposes.
However, nail technicians are prohibited from performing
any procedure that may puncture the skin or which may draw
blood or serous body fluid. The term nail technician
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
nails or skin.
"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; 90-302, eff. 8-1-97.)
(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) is at least 18 years of age;
(2) has graduated from high school or its
equivalent;
(3) has a current license as a cosmetologist or
nail technician;
(4) has either: (1) completed a program of 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 a
program of 625 hours of teacher training in a licensed
school of cosmetology approved to teach nail technology
or school of nail technology; and
(5) 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 a program of 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; 90-302, eff. 8-1-97.)
(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, 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, 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 program 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 a program of 500 hours of teacher training in a
licensed school of cosmetology approved to teach nail
technology, or a licensed school of nail technology or a
program of 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, 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 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;
90-302, eff. 8-1-97.)
(225 ILCS 410/4-23)
Sec. 4-23. Penalties for failure to receive required
continuing education credits.
(a) In the first 2-year cycle in which a licensee does
not obtain his or her continuing education hours, the
Department shall place him or her on probation. If the
licensee does obtain his or her continuing education hours
prior to his or her next renewal, the Department shall
restore his or her license to good standing.
(b) In the second consecutive 2-year cycle in which a
licensee does not obtain his or her continuing education
hours, he or she shall be placed or continued continue on
probation, be fined, and be issued notice by the Department
that license revocation will occur if he or she does not
receive the continuing education hours required prior to his
or her next renewal. If the licensee does obtain his or her
continuing education hours prior to his or her next renewal,
he or she shall remain on probation but shall not be fined
pursuant to subsection (a).
(c) In the third consecutive 2-year cycle in which a
licensee does not obtain his or her continuing education
hours, his or her license shall be revoked. The Department
shall promulgate rules and regulations governing the
reissuance of a license that has been revoked. These rules
and regulations shall take into account that the licensee
already has been licensed and received the training necessary
for such a license.
(d) This Section shall not apply to any person who has
applied for a waiver of the continuing education requirements
under Section 3-7, 3A-6, or 3C-8 of this Act.
(Source: P.A. 89-706, eff. 1-31-97.)
Section 99. Effective date. This Act takes effect on
July 1, 2000.
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