100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2877

 

Introduced 2/14/2018, by Sen. Chuck Weaver

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 410/2-7  from Ch. 111, par. 1702-7
225 ILCS 410/3-6  from Ch. 111, par. 1703-6
225 ILCS 410/3A-5  from Ch. 111, par. 1703A-5
225 ILCS 410/3C-7  from Ch. 111, par. 1703C-7

    Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that an applicant for licensure as a barber or teacher of barbering may take the licensure examination after completing 1,200 hours in the study of barbering. Provides that an applicant for licensure as a cosmetologist or teacher of cosmetology may take the licensure examination after completing 1,200 hours in the study of cosmetology. Provides that an applicant for licensure as an esthetician or teacher of esthetics may take the licensure examination after completing 600 hours in the study of esthetics. Provides that an applicant for licensure as a nail technician or teacher of nail technology may take the licensure examination after completing 280 hours in the study of nail technology.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2877LRB100 18545 XWW 33763 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by
6changing Sections 2-7, 3-6, 3A-5, and 3C-7 as follows:
 
7    (225 ILCS 410/2-7)  (from Ch. 111, par. 1702-7)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 2-7. Examination of applicants. The Department shall
10hold examinations of applicants for licensure as barbers and
11teachers of barbering at such times and places as it may
12determine. Upon request, the examinations shall be
13administered in Spanish.
14    Each applicant shall be given a written examination testing
15both theoretical and practical knowledge of the following
16subjects insofar as they are related and applicable to the
17practice of barber science and art: (1) anatomy, (2)
18physiology, (3) skin diseases, (4) hygiene and sanitation, (5)
19barber history, (6) this Act and the rules for the
20administration of this Act, (7) hair cutting and styling, (8)
21shaving, shampooing, and permanent waving, (9) massaging, (10)
22bleaching, tinting, and coloring, and (11) implements.
23    The examination of applicants for licensure as a barber

 

 

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1teacher shall include: (a) practice of barbering and styling,
2(b) theory of barbering, (c) methods of teaching, and (d)
3school management.
4    An applicant who has completed 1,200 hours in the study of
5barbering may take the examination. If an applicant for
6licensure as a barber fails to pass 3 examinations conducted by
7the Department, the applicant shall, before taking a subsequent
8examination, furnish evidence of not less than 250 hours of
9additional study of barbering in an approved school of
10barbering or cosmetology since the applicant last took the
11examination. If an applicant for licensure as a barber teacher
12fails to pass 3 examinations conducted by the Department, the
13applicant shall, before taking a subsequent examination,
14furnish evidence of not less than 80 hours of additional study
15in teaching methodology and educational psychology in an
16approved school of barbering or cosmetology since the applicant
17last took the examination. An applicant who fails to pass the
18fourth examination shall not again be admitted to an
19examination unless: (i) in the case of an applicant for
20licensure as a barber, the applicant again takes and completes
21a program of 1,500 hours in the study of barbering in an
22approved school of barbering or cosmetology extending over a
23period that commences after the applicant fails to pass the
24fourth examination and that is not less than 8 months nor more
25than 7 consecutive years in duration; or (ii) in the case of an
26applicant for licensure as a barber teacher, the applicant

 

 

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1again takes and completes a program of 1,000 hours of teacher
2training in an approved school of barbering or cosmetology,
3except that if the applicant had 2 years of practical
4experience as a licensed barber within the 5 years preceding
5the initial examination taken by the applicant, the applicant
6must again take and complete a program of 500 hours of teacher
7training in an approved school of barbering or cosmetology. The
8requirements for remedial training set forth in this Section
9may be waived in whole or in part by the Department upon proof
10to the Department that the applicant has demonstrated
11competence to again sit for the examination. The Department
12shall adopt rules establishing standards by which this
13determination shall be made.
14    This Act does not prohibit the practice as a barber or
15barber teacher by one who has applied in writing to the
16Department, in form and substance satisfactory to the
17Department, for a license and has complied with all the
18provisions of this Act in order to qualify for a license except
19the passing of an examination, until: (a) the expiration of 6
20months after the filing of such written application, or (b) the
21decision of the Department that the applicant has failed to
22pass an examination within 6 months or failed without an
23approved excuse to take an examination conducted within 6
24months by the Department, or (c) the withdrawal of the
25application.
26(Source: P.A. 99-427, eff. 8-21-15.)
 

 

 

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1    (225 ILCS 410/3-6)  (from Ch. 111, par. 1703-6)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 3-6. Examination. The Department shall authorize
4examinations of applicants for licensure as cosmetologists and
5teachers of cosmetology at the times and places it may
6determine. The Department may provide by rule for the
7administration of the examination prior to the completion of
8the applicant's program of training as required in Section 3-2,
93-3, or 3-4. Notwithstanding Section 3-2, 3-3, or 3-4, an
10applicant who has completed 1,200 hours in the study of
11cosmetology may take the examination. If an applicant for
12licensure as a cosmetologist fails to pass 3 examinations
13conducted by the Department, the applicant shall, before taking
14a subsequent examination, furnish evidence of not less than 250
15hours of additional study of cosmetology in an approved school
16of cosmetology since the applicant last took the examination.
17If an applicant for licensure as a cosmetology teacher fails to
18pass 3 examinations conducted by the Department, the applicant
19shall, before taking a subsequent examination, furnish
20evidence of not less than 80 hours of additional study in
21teaching methodology and educational psychology in an approved
22school of cosmetology since the applicant last took the
23examination. An applicant who fails to pass the fourth
24examination shall not again be admitted to an examination
25unless: (i) in the case of an applicant for licensure as a

 

 

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1cosmetologist, the applicant again takes and completes a
2program of 1500 hours in the study of cosmetology in an
3approved school of cosmetology extending over a period that
4commences after the applicant fails to pass the fourth
5examination and that is not less than 8 months nor more than 7
6consecutive years in duration; (ii) in the case of an applicant
7for licensure as a cosmetology teacher, the applicant again
8takes and completes a program of 1000 hours of teacher training
9in an approved school of cosmetology, except that if the
10applicant had 2 years of practical experience as a licensed
11cosmetologist within the 5 years preceding the initial
12examination taken by the applicant, the applicant must again
13take and complete a program of 500 hours of teacher training in
14an approved school of cosmetology, esthetics, or nail
15technology; or (iii) in the case of an applicant for licensure
16as a cosmetology clinic teacher, the applicant again takes and
17completes a program of 250 hours of clinic teacher training in
18a licensed school of cosmetology or an instructor's institute
19of 20 hours. The requirements for remedial training set forth
20in this Section may be waived in whole or in part by the
21Department upon proof to the Department that the applicant has
22demonstrated competence to again sit for the examination. The
23Department shall adopt rules establishing the standards by
24which this determination shall be made. Each cosmetology
25applicant shall be given a written examination testing both
26theoretical and practical knowledge, which shall include, but

 

 

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1not be limited to, questions that determine the applicant's
2knowledge of product chemistry, sanitary rules, sanitary
3procedures, chemical service procedures, hazardous chemicals
4and exposure minimization, knowledge of the anatomy of the
5skin, scalp, hair, and nails as they relate to applicable
6services under this Act and labor and compensation laws.
7    The examination of applicants for licensure as a
8cosmetology, esthetics, or nail technology teacher may include
9all of the elements of the exam for licensure as a
10cosmetologist, esthetician, or nail technician and also
11include teaching methodology, classroom management, record
12keeping, and any other related subjects that the Department in
13its discretion may deem necessary to insure competent
14performance.
15    This Act does not prohibit the practice of cosmetology by
16one who has applied in writing to the Department, in form and
17substance satisfactory to the Department, for a license as a
18cosmetologist, or the teaching of cosmetology by one who has
19applied in writing to the Department, in form and substance
20satisfactory to the Department, for a license as a cosmetology
21teacher or cosmetology clinic teacher, if the person has
22complied with all the provisions of this Act in order to
23qualify for a license, except the passing of an examination to
24be eligible to receive a license, until: (a) the expiration of
256 months after the filing of the written application, (b) the
26decision of the Department that the applicant has failed to

 

 

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1pass an examination within 6 months or failed without an
2approved excuse to take an examination conducted within 6
3months by the Department, or (c) the withdrawal of the
4application.
5(Source: P.A. 99-427, eff. 8-21-15.)
 
6    (225 ILCS 410/3A-5)  (from Ch. 111, par. 1703A-5)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 3A-5. Examination.
9    (a) The Department shall authorize examinations of
10applicants for a license as an esthetician or teacher of
11esthetics at such times and places as it may determine. The
12Department shall authorize no fewer than 4 examinations for a
13license as an esthetician or a teacher of esthetics in a
14calendar year. An applicant who has completed 600 hours in the
15study of esthetics may take the examination.
16    If an applicant neglects, fails without an approved excuse,
17or refuses to take the next available examination offered for
18licensure under this Act, the fee paid by the applicant shall
19be forfeited to the Department and the application denied. If
20an applicant fails to pass an examination for licensure under
21this Act within 3 years after filing his or her application,
22the application shall be denied. However, such applicant may
23thereafter make a new application for examination, accompanied
24by the required fee, if he or she meets the requirements in
25effect at the time of reapplication. If an applicant for

 

 

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1licensure as an esthetician is unsuccessful at 3 examinations
2conducted by the Department, the applicant shall, before taking
3a subsequent examination, furnish evidence of not less than 125
4hours of additional study of esthetics in an approved school of
5cosmetology or esthetics since the applicant last took the
6examination. If an applicant for licensure as an esthetics
7teacher is unsuccessful at 3 examinations conducted by the
8Department, the applicant shall, before taking a subsequent
9examination, furnish evidence of not less than 80 hours of
10additional study in teaching methodology and educational
11psychology in a licensed school of cosmetology or esthetics
12since the applicant last took the examination. An applicant who
13fails to pass a fourth examination shall not again be admitted
14to an examination unless (i) in the case of an applicant for
15licensure as an esthetician, the applicant shall again take and
16complete a program of 750 hours in the study of esthetics in a
17licensed school of cosmetology approved to teach esthetics or a
18school of esthetics, extending over a period that commences
19after the applicant fails to pass the fourth examination and
20that is not less than 18 weeks nor more than 4 consecutive
21years in duration; or (ii) in the case of an applicant for a
22license as an esthetics teacher, the applicant shall again take
23and complete a program of 750 hours of teacher training in a
24school of cosmetology approved to teach esthetics or a school
25of esthetics, except that if the applicant had 2 years of
26practical experience as a licensed cosmetologist or

 

 

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1esthetician within 5 years preceding the initial examination
2taken by the applicant, the applicant must again take and
3complete a program of 500 hours of teacher training in licensed
4cosmetology or a licensed esthetics school.
5    (b) Each applicant shall be given a written examination
6testing both theoretical and practical knowledge which shall
7include, but not be limited to, questions that determine the
8applicant's knowledge, as provided by rule.
9    (c) The examination of applicants for licensure as an
10esthetics teacher may include:
11        (1) teaching methodology;
12        (2) classroom management; and
13        (3) record keeping and any other subjects that the
14    Department may deem necessary to insure competent
15    performance.
16    (d) This Act does not prohibit the practice of esthetics by
17one who has applied in writing to the Department, in form and
18substance satisfactory to the Department, for a license as an
19esthetician or an esthetics teacher and has complied with all
20the provisions of this Act in order to qualify for a license,
21except the passing of an examination to be eligible to receive
22such license certificate, until: (i) the expiration of 6 months
23after the filing of such written application, or (ii) the
24decision of the Department that the applicant has failed to
25pass an examination within 6 months or failed without an
26approved excuse to take an examination conducted within 6

 

 

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1months by the Department, or (iii) the withdrawal of the
2application.
3(Source: P.A. 98-911, eff. 1-1-15.)
 
4    (225 ILCS 410/3C-7)  (from Ch. 111, par. 1703C-7)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 3C-7. Examinations; failure or refusal to take
7examination. The Department shall authorize examinations of
8applicants for licenses as nail technicians and teachers of
9nail technology at the times and places as it may determine. An
10applicant who has completed 280 hours in the study of nail
11technology may take the examination.
12    The Department shall authorize not less than 4 examinations
13for licenses as nail technicians, and nail technology teachers
14in a calendar year.
15    If an applicant neglects, fails without an approved excuse,
16or refuses to take the next available examination offered for
17licensure under this Act, the fee paid by the applicant shall
18be forfeited to the Department and the application denied. If
19an applicant fails to pass an examination for licensure under
20this Act within 3 years after filing an application, the
21application shall be denied. Nevertheless, the applicant may
22thereafter make a new application for examination, accompanied
23by the required fee, if he or she meets the requirements in
24effect at the time of reapplication. If an applicant for
25licensure as a nail technician or nail technology teacher is

 

 

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1unsuccessful at 3 examinations conducted by the Department, the
2applicant shall, before taking a subsequent examination,
3furnish evidence of successfully completing (i) for a nail
4technician, not less than 60 hours of additional study of nail
5technology in a licensed school of cosmetology approved to
6teach nail technology or nail technology and (ii) for a nail
7technology teacher, not less than 80 hours of additional study
8in teaching methodology and educational psychology in an
9approved school of cosmetology or nail technology since the
10applicant last took the examination.
11    An applicant who fails the fourth examination shall not
12again be admitted to an examination unless: (i) in the case of
13an applicant for a license as a nail technician, the applicant
14again takes and completes a total of 350 hours in the study of
15nail technology in an approved school of cosmetology or nail
16technology extending over a period that commences after the
17applicant fails to pass the fourth examination and that is not
18less than 8 weeks nor more than 2 consecutive years in
19duration; or (ii) in the case of an applicant for licensure as
20a nail technology teacher, the applicant again takes and
21completes a program of 625 hours of teacher training in a
22licensed school of cosmetology, or nail technology, except that
23if the applicant had 2 years of practical experience as a
24licensed nail technician within 5 years preceding the initial
25examination taken by the applicant, the applicant must again
26take and complete a program of 500 hours of teacher training in

 

 

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1a licensed school of cosmetology approved to teach nail
2technology, or a licensed school of nail technology.
3    Each applicant for licensure as a nail technician shall be
4given a written examination testing both theoretical and
5practical knowledge, which shall include, but not be limited
6to, questions that determine the applicant's knowledge of
7product chemistry, sanitary rules, sanitary procedures,
8hazardous chemicals and exposure minimization, this Act, and
9labor and compensation laws.
10    The examination for licensure as a nail technology teacher
11may include knowledge of the subject matter, teaching
12methodology, classroom management, record keeping, and any
13other subjects that the Department in its discretion may deem
14necessary to insure competent performance.
15    This Act does not prohibit the practice of nail technology
16by a person who has applied in writing to the Department, in
17form and substance satisfactory to the Department, for a
18license as a nail technician, or the teaching of nail
19technology by one who has applied in writing to the Department,
20in form and substance satisfactory to the Department, for a
21license as a nail technology teacher, if the person has
22complied with all the provisions of this Act in order to
23qualify for a license, except the passing of an examination to
24be eligible to receive a license, until: (a) the expiration of
256 months after the filing of the written application, or (b)
26the decision of the Department that the applicant has failed to

 

 

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1pass an examination within 6 months or failed without an
2approved excuse to take an examination conducted within 6
3months by the Department, or (c) the withdrawal of the
4application.
5(Source: P.A. 98-911, eff. 1-1-15.)