093_HB3330

 
                                     LRB093 10328 AMC 10582 b

 1        AN ACT concerning hair braiding.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Regulatory  Sunset  Act  is  amended  by
 5    changing Section 4.16 as follows:

 6        (5 ILCS 80/4.16)
 7        Sec.  4.16. Acts repealed January 1, 2006.  The following
 8    Acts are repealed January 1, 2006:
 9        The Respiratory Care Practice Act.
10        The Hearing Instrument Consumer Protection Act.
11        The Illinois Dental Practice Act.
12        The Professional Geologist Licensing Act.
13        The Illinois Athletic Trainers Practice Act.
14        The Barber, Cosmetology, Esthetics,  Hair  Braiding,  and
15    Nail Technology Act of 1985.
16        The Collection Agency Act.
17        The Illinois Roofing Industry Licensing Act.
18        The Illinois Physical Therapy Act.
19    (Source:  P.A.  89-33,  eff.  1-1-96;  89-72,  eff. 12-31-95;
20    89-80,  eff.  6-30-95;  89-116,  eff.  7-7-95;  89-366,  eff.
21    7-1-96; 89-387, eff. 8-20-95; 89-626, eff. 8-9-96.)

22        Section 10.  The Barber, Cosmetology, Esthetics, and Nail
23    Technology Act of 1985 is amended by changing  Sections  1-1,
24    1-7,  1-7.5,  1-10,  3-1, 3D-5, 4-1, 4-2, 4-4, 4-9, 4-19, and
25    4-20 and the Article IIID heading and adding Article IIIE and
26    Article IIIF as follows:

27        (225 ILCS 410/1-1) (from Ch. 111, par. 1701-1)
28        (Section scheduled to be repealed on January 1, 2006)
29        Sec. 1-1. Short title Title of Act. This Act may be cited
 
                            -2-      LRB093 10328 AMC 10582 b
 1    as the Barber, Cosmetology,  Esthetics,  Hair  Braiding,  and
 2    Nail Technology Act of 1985.
 3    (Source: P.A. 86-1475; 87-786.)

 4        (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
 5        (Section scheduled to be repealed on January 1, 2006)
 6        Sec. 1-7.  Licensure required.
 7        (a)  It  is  unlawful  for  any person to practice, or to
 8    hold  himself  or  herself  out  to   be   a   cosmetologist,
 9    esthetician, nail technician, hair braider, or barber without
10    a  license  as a cosmetologist, esthetician, nail technician,
11    hair  braider,  or  barber  issued  by  the   Department   of
12    Professional  Regulation  pursuant  to the provisions of this
13    Act and of the Civil Administrative Code of Illinois.  It  is
14    also   unlawful   for   any  person,  firm,  partnership,  or
15    corporation  to  own,  operate,  or  conduct  a  cosmetology,
16    esthetics, nail technology, hair braider,  or  barber  school
17    without  a  license  issued  by  the  Department or to own or
18    operate a cosmetology, esthetics, or nail  technology  salon,
19    hair  braiding  shop, or barber shop without a certificate of
20    registration  issued  by  the  Department.   It  is   further
21    unlawful   for  any  person  to  teach  in  any  cosmetology,
22    esthetics, nail  technology,  or  barber  college  or  school
23    approved  by the Department or hold himself or herself out as
24    a cosmetology, esthetics, nail technology, or barber  teacher
25    without  a  license as a teacher, issued by the Department or
26    as  a  cosmetology,  esthetics,  or  nail  technology  clinic
27    teacher without a license as a clinic teacher issued  by  the
28    Department.
29        (b)  Notwithstanding  any  other provision of this Act, a
30    person licensed as a cosmetologist or barber may hold himself
31    or herself out as  an  esthetician  and  may  engage  in  the
32    practice  of esthetics, as defined in this Act, without being
33    licensed  as  an  esthetician.   A  person  licensed   as   a
 
                            -3-      LRB093 10328 AMC 10582 b
 1    cosmetology  teacher or barber teacher may teach esthetics or
 2    hold himself or herself out as an esthetics  teacher  without
 3    being licensed as an esthetics teacher.  A person licensed as
 4    a  cosmetologist  may  hold  himself or herself out as a nail
 5    technician and may engage in the practice of nail technology,
 6    as defined in this Act, without  being  licensed  as  a  nail
 7    technician.   A  person licensed as a cosmetology teacher may
 8    teach nail technology and hold himself or herself  out  as  a
 9    nail  technology  teacher  without  being  licensed as a nail
10    technology teacher.
11        (c)  A person licensed  as  a  barber  teacher  may  hold
12    himself or herself out as a barber and may practice barbering
13    without  a  license  as  a  barber.   A  person licensed as a
14    cosmetology teacher may hold himself  or  herself  out  as  a
15    cosmetologist,  esthetician,  and  nail  technologist and may
16    practice cosmetology, esthetics, and nail technology  without
17    a   license   as   a   cosmetologist,  esthetician,  or  nail
18    technologist.  A person licensed as an esthetics teacher  may
19    hold  himself  or herself out as an esthetician without being
20    licensed as an esthetician  and  may  practice  esthetics.  A
21    person  licensed  as  a  nail technician teacher may practice
22    nail technology and may hold himself or herself out as a nail
23    technologist without being licensed as a nail technologist.
24        (d)  The changes to this Section made by this  amendatory
25    Act  of  the 93rd General Assembly apply on and after January
26    1, 2004.
27    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

28        (225 ILCS 410/1-7.5)
29        (Section scheduled to be repealed on January 1, 2006)
30        Sec.  1-7.5.  Unlicensed   practice;   violation;   civil
31    penalty.
32        (a)  Any   person  who  practices,  offers  to  practice,
33    attempts to practice, or holds  himself  or  herself  out  to
 
                            -4-      LRB093 10328 AMC 10582 b
 1    practice   barbering,   cosmetology,   esthetics,   or   nail
 2    technology,  or  hair  braiding  without being licensed under
 3    this Act shall, in addition to any other penalty provided  by
 4    law,  pay  a civil penalty to the Department in an amount not
 5    to exceed $5,000  for  each  offense  as  determined  by  the
 6    Department.   The  civil  penalty  shall  be  assessed by the
 7    Department after a hearing is held  in  accordance  with  the
 8    provisions  set  forth  in  this Act regarding disciplining a
 9    licensee.
10        (b)  The  Department  has  the  authority  and  power  to
11    investigate any and all unlicensed activity.
12        (c)  The civil penalty shall be paid within 60 days after
13    the effective date of the order imposing the  civil  penalty.
14    The  order  shall  constitute a judgment and may be filed and
15    execution had thereon in the same manner as any judgment from
16    any court of record.
17        (d)  The changes to this Section made by this  amendatory
18    Act  of  the 93rd General Assembly apply on and after January
19    1, 2004.
20    (Source: P.A. 89-387, eff. 1-1-96.)

21        (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
22        (Section scheduled to be repealed on January 1, 2006)
23        Sec. 1-10.  Display.  Every holder  of  a  license  shall
24    display it in a place in the holder's principal office, place
25    of  business  or  place  of  employment.  Whenever a licensed
26    cosmetologist, esthetician, nail technician, hair braider, or
27    barber practices  cosmetology,  esthetics,  nail  technology,
28    hair  braiding,  or  barbering  outside  of  or away from the
29    cosmetologist's,  esthetician's,  nail   technician's,   hair
30    braider's,  or  barber's principal office, place of business,
31    or place of employment, the cosmetologist, esthetician,  nail
32    technician,  hair  braider,  or  barber shall deliver to each
33    person served a  certificate  of  identification  in  a  form
 
                            -5-      LRB093 10328 AMC 10582 b
 1    specified by the Department.
 2        Every  registered  shop  shall display its certificate of
 3    registration at the location of the shop.   Each  shop  where
 4    barber,  cosmetology,  esthetics, or nail technology, or hair
 5    braiding services are provided shall have  a  certificate  of
 6    registration.
 7        The  changes  to this Section made by this amendatory Act
 8    of the 93rd General Assembly apply on and  after  January  1,
 9    2004.
10    (Source: P.A. 89-387, eff. 1-1-96.)

11        (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
12        (Section scheduled to be repealed on January 1, 2006)
13        Sec.   3-1.   Cosmetology   defined.    Any  one  or  any
14    combination  of  the  following  practices  constitutes   the
15    practice of cosmetology when done for cosmetic or beautifying
16    purposes  and not for the treatment of disease or of muscular
17    or nervous disorder: arranging, braiding, dressing,  cutting,
18    trimming,  curling,  waving, chemical restructuring, shaping,
19    singeing, bleaching, coloring or similar work, upon the  hair
20    of  the  head; cutting or trimming facial hair of any person;
21    any practice of  manicuring,  pedicuring,  decorating  nails,
22    applying  sculptured  nails  or otherwise artificial nails by
23    hand  or  with  mechanical   or   electrical   apparatus   or
24    appliances, or in any way caring for the nails or the skin of
25    the  hands  or  feet  including  massaging  the  hands, arms,
26    elbows, feet, lower legs, and knees  of  another  person  for
27    other  than  the treatment of medical disorders; any practice
28    of epilation or depilation of any person;  any  practice  for
29    the purpose of cleansing, massaging or toning the skin of the
30    scalp;  beautifying,  massaging,  cleansing,  exfoliating the
31    stratum corneum of the epidermis, or stimulating the skin  of
32    the   human   body  by  the  use  of  cosmetic  preparations,
33    antiseptics,  body  treatments,  body  wraps,  the   use   of
 
                            -6-      LRB093 10328 AMC 10582 b
 1    hydrotherapy,  tonics,  lotions  or  creams  or  any  device,
 2    electrical  or  otherwise, for the care of the skin; applying
 3    make-up or eyelashes to any  person,  tinting  eyelashes  and
 4    eyebrows  and  lightening  hair  on  the  body  and  removing
 5    superfluous  hair  from  the body of any person by the use of
 6    depilatories, waxing or  tweezers.   The  term  "cosmetology"
 7    does  not  include the services provided by an electrologist.
 8    Nail technology is the practice and the study of  cosmetology
 9    only to the extent of manicuring, pedicuring, decorating, and
10    applying  sculptured or otherwise artificial nails, or in any
11    way caring for the nail or the skin  of  the  hands  or  feet
12    including  massaging  the  hands,  arms,  elbows, feet, lower
13    legs,  and  knees.    Cosmetologists  are   prohibited   from
14    performing any procedure that may puncture or abrade the skin
15    below  the  stratum corneum of the epidermis or remove closed
16    milia (whiteheads) which may draw blood or serous body fluid.
17    The term cosmetology includes rendering  advice  on  what  is
18    cosmetically appealing, but no person licensed under this Act
19    shall  render advice on what is appropriate medical treatment
20    for  diseases  of  the  skin.   Purveyors  of  cosmetics  may
21    demonstrate such cosmetic products in  conjunction  with  any
22    sales  promotion  and shall not be required to hold a license
23    under this Act.  Nothing in this Act shall  be  construed  to
24    prohibit  the shampooing of hair by persons employed for that
25    purpose  and  who  perform  that  task   under   the   direct
26    supervision   of   a   licensed   cosmetologist  or  licensed
27    cosmetology teacher.  The practice of  cosmetology  does  not
28    include  the  practice of hair braiding as defined in Article
29    IIIE of this Act.
30    (Source: P.A. 91-863, eff. 7-1-00.)

31        (225 ILCS 410/Art. IIID heading)
32       ARTICLE IIID.  COSMETOLOGY, ESTHETICS, NAIL TECHNOLOGY
33                    SALONS, HAIR BRAIDING SHOPS,
 
                            -7-      LRB093 10328 AMC 10582 b
 1                          AND BARBER SHOPS

 2        (225 ILCS 410/3D-5)
 3        (Section scheduled to be repealed on January 1, 2006)
 4        Sec. 3D-5.  Requisites  for  ownership  or  operation  of
 5    cosmetology,  esthetics,  and  nail  technology  salons, hair
 6    braiding shops, and barber shops.
 7        (a)  No  person,  firm,  partnership,  limited  liability
 8    company, or corporation shall own or operate  a  cosmetology,
 9    esthetics,  or  nail technology salon, hair braiding shop, or
10    barber shop without first applying on forms provided  by  the
11    Department for a certificate of registration.
12        (b)  The  application  for  a certificate of registration
13    under this Section shall set forth  the  name,  address,  and
14    telephone  number  of the proposed cosmetology, esthetics, or
15    nail technology salon, hair braiding shop,  or  barber  shop;
16    the  name, address, and telephone number of the person, firm,
17    partnership, or corporation that is to  own  or  operate  the
18    salon  or  shop;  and, if the salon or shop is to be owned or
19    operated by an entity other than  an  individual,  the  name,
20    address,  and telephone number of the managing partner or the
21    chief executive officer of the corporation  or  other  entity
22    that owns or operates the salon or shop.
23        (c)  The  Department  shall  be  notified by the owner or
24    operator of a salon or shop that is moved to a new  location.
25    If there is a change in the ownership or operation of a salon
26    or  shop,  the new owner or operator shall report that change
27    to the Department along with  completion  of  any  additional
28    requirements set forth by rule.
29        (d)  If  a  person,  firm, partnership, limited liability
30    company, or corporation owns or operates more than  one  shop
31    or  salon,  a  separate  certificate  of registration must be
32    obtained for each salon or shop.
33        (e)  A certificate of  registration  granted  under  this
 
                            -8-      LRB093 10328 AMC 10582 b
 1    Section  may  be revoked in accordance with the provisions of
 2    Article IV and the holder of the certificate may be otherwise
 3    disciplined  by  the  Department  in  accordance  with  rules
 4    adopted under this Act.
 5        (f)  The Department may  promulgate  rules  to  establish
 6    additional  requirements  for  owning or operating a salon or
 7    shop.
 8        (g)  The changes to this Section made by this  amendatory
 9    Act  of  the 93rd General Assembly apply on and after January
10    1, 2004. (Source: P.A.  89-387,  eff.  1-1-96;  89-706,  eff.
11    1-31-97.)

12        (225 ILCS 410/Art. IIIE heading new)
13                    ARTICLE IIIE.  HAIR BRAIDERS

14        (225 ILCS 410/3E-5 new)
15        (Section scheduled to be repealed on January 1, 2006)
16        Sec.   3E-5.  Hair  braiding  defined.  Any  one  or  any
17    combination  of  the  following  practices  constitutes   the
18    practice  of  hair  braiding:  The process of interweaving an
19    individual's natural hair or interweaving together  synthetic
20    hair  with  human hair by hand or  similar work upon the hair
21    of any person without application of any form of chemicals.

22        (225 ILCS 410/3E-10 new)
23        (Section scheduled to be repealed on January 1, 2006)
24        Sec. 3E-10.  Application of Article.
25        (a)  This Article shall not prohibit  the  shampooing  of
26    hair  by  persons  employed  for that purpose and who perform
27    such task under the direct supervision  of  a  licensed  hair
28    braider.
29        (b)  This  Article  does  not  prohibit a person licensed
30    under any other Article of this  Act  from  engaging  in  the
31    practice for which he or she is licensed.
 
                            -9-      LRB093 10328 AMC 10582 b
 1        (225 ILCS 410/3E-15 new)
 2        (Section scheduled to be repealed on January 1, 2006)
 3        Sec.  3E-15.  Qualifications  for  licensure  as  a  hair
 4    braider.   A  person  is  qualified to receive a license as a
 5    hair braider if that person has applied in writing  on  forms
 6    prescribed by the Department, has paid the required fees, and
 7    meets all of the following qualifications:
 8             (1)  Is at least 16 years of age.
 9             (2)  Has  a  certificate of graduation from a school
10        providing   secondary   education   or   the   recognized
11        equivalent of such a certificate or is beyond the age  of
12        compulsory school attendance.
13             (3)  Has  graduated  from  a school of hair braiding
14        approved by the Department, having completed a  total  of
15        750  hours in the study of hair braiding extending over a
16        period of not less than 6 months nor more than one  year.
17        A  school  of  hair  braiding  may,  at  its  discretion,
18        consistent with the rules of the Department, accept up to
19        750  hours of cosmetology school training at a recognized
20        cosmetology school toward the 750  hours  required  under
21        this Section.  Time spent in such study under the laws of
22        another  state  or territory of the United States or of a
23        foreign country or province shall be credited toward  the
24        period of study required under this Section.
25             (4)  Has  passed  an  examination  conducted  by the
26        Department or its designated testing service to determine
27        fitness to receive a license as a hair braider.
28             (5)  Has met all of the other requirements  of  this
29        Act.

30        (225 ILCS 410/3E-20 new)
31        (Section scheduled to be repealed on January 1, 2006)
32        Sec.  3E-20.  Qualifications  for  licensure  as  a  hair
33    braiding  teacher. A person is qualified to receive a license
 
                            -10-     LRB093 10328 AMC 10582 b
 1    as a hair braiding teacher if  that  person  has  applied  in
 2    writing  on  forms  provided  by  the  Department,  paid  the
 3    required fees, and meets all of the following qualifications:
 4             (1)  Is at least 18 years of age.
 5             (2)  Has   graduated   from   high   school  or  its
 6        equivalent.
 7             (3)  Has a current license as a hair braider.
 8             (4)  Has  graduated  from  a  hair  braiding  school
 9        approved by the Department having either (A) completed  a
10        total  of  750 hours in barber teacher training extending
11        over a period of not less than 6 months nor more than one
12        year and has had 3 years of  practical  experience  as  a
13        licensed  hair  braider  or  (B) completed a total of 750
14        hours of hair braiding teacher training extending over  a
15        period of not less than 6 months nor more than one year.
16             (5)  Has  passed  an  examination  authorized by the
17        Department to determine fitness to receive a license as a
18        hair braiding teacher.
19             (6)  Has met any other  requirements  set  forth  in
20        this Act.
21        An  applicant  who is issued a license as a hair braiding
22    teacher is not required to maintain a hair  braiding  license
23    in  order  to  practice  hair  braiding  as  defined  in this
24    Article.

25        (225 ILCS 410/3E-25 new)
26        (Section scheduled to be repealed on January 1, 2006)
27        Sec. 3E-25.  Endorsement. An  applicant  who  is  a  hair
28    braider  registered  or  licensed  under  the laws of another
29    state or territory of the  United  States  or  of  a  foreign
30    country  or  province  may, without examination, be granted a
31    license as a hair braider by the Department in its discretion
32    upon filing of  an  application  on  forms  provided  by  the
33    Department,  paying  the required fee, and meeting all of the
 
                            -11-     LRB093 10328 AMC 10582 b
 1    following conditions:
 2             (1)  The applicant is at least 16 years of age.
 3             (2)  The  requirements  for  the   registration   or
 4        licensure  of  hair  braiding  in  the  particular state,
 5        territory, country, or province were, at the date of  the
 6        license,  substantially  equivalent  to  the requirements
 7        then  in  force  in  this  State  or  the  applicant  has
 8        established  proof   of   legal   practice   in   another
 9        jurisdiction for at least 3 years.
10        The Department shall prescribe reasonable rules governing
11    the recognition of and the credit to be given to the study of
12    hair braiding under the laws of another state or territory of
13    the  United  States  or  a  foreign country or province by an
14    applicant for a license as a hair braider  or  hair  braiding
15    teacher, and for the recognition of legal practice in another
16    jurisdiction   towards  the  education  required  under  this
17    Article.

18        (225 ILCS 410/3E-30 new)
19        (Section scheduled to be repealed on January 1, 2006)
20        Sec.  3E-30.  Examination.  The  Department  shall   hold
21    examinations of applicants for licensure as hair braiders and
22    hair  braiding  teachers  at  such times and places as it may
23    determine.  Upon   request,   the   examinations   shall   be
24    administered in English or French.
25        Each  applicant  shall  be  given  a  written examination
26    testing both  theoretical  and  practical  knowledge  of  the
27    following subjects insofar as they are related and applicable
28    to  the  practice  of  hair  braiding  science  and  art: (i)
29    anatomy, (ii) physiology, (iii) skin diseases,  (iv)  hygiene
30    and  sanitation,  (v)  hair  braiding  history, and (vi) hair
31    braiding law.
32        The examination of applicants for registration as a  hair
33    braiding  teacher  shall  include:  (i)  the practice of hair
 
                            -12-     LRB093 10328 AMC 10582 b
 1    braiding and dipping, (ii) theory  of  hair  braiding,  (iii)
 2    methods of teaching, and (iv) school management.
 3        This Act does not prohibit the practice as a hair braider
 4    or hair braiding teacher by one who has applied in writing to
 5    the  Department,  in  form  and substance satisfactory to the
 6    Department, for a license  and  has  complied  with  all  the
 7    provisions  of  this  Act  in  order to qualify for a license
 8    except the passing of an examination until (A) the expiration
 9    of 6 months after the filing of the written application,  (B)
10    the  decision of the Department that the applicant has failed
11    to pass an examination within 6 months or failed  without  an
12    approved  excuse  to  take  an examination conducted within 6
13    months by the  Department,  or  (C)  the  withdrawal  of  the
14    application.

15        (225 ILCS 410/3E-35 new)
16        (Section scheduled to be repealed on January 1, 2006)
17        Sec.  3E-35.  Grandfathering.  The Department shall issue
18    a license as  a  hair  braider  under  this  Article  to  any
19    applicant who is engaged in the practice of hair braiding and
20    holds  a  valid  license  as a cosmetologist on the effective
21    date of this amendatory Act of the 93rd General Assembly.

22        (225 ILCS 410/Art. IIIF heading new)
23                ARTICLE IIIF.  HAIR BRAIDING SCHOOLS

24        (225 ILCS 410/3F-5 new)
25        (Section scheduled to be repealed on January 1, 2006)
26        Sec. 3F-5.  Application of Article.   The  provisions  of
27    this  Article  apply  only to hair braiding schools regulated
28    under this Act.

29        (225 ILCS 410/3F-10 new)
30        (Section scheduled to be repealed on January 1, 2006)
 
                            -13-     LRB093 10328 AMC 10582 b
 1        Sec. 3F-10.  Investigations.
 2        (a)  The Department may upon its  own  motion  and  shall
 3    upon  the verified complaint in writing of any person setting
 4    forth facts that  if  proved  would  constitute  grounds  for
 5    refusal  or revocation under this Act investigate the actions
 6    of any applicant or any person or persons holding or claiming
 7    to hold a license.
 8        (b)  A student or employee  of  a  hair  braiding  school
 9    licensed  under  this  Act  who  believes  he or she has been
10    aggrieved by a violation of this Act shall have the right  to
11    file  a  written  complaint  within  one  year of the alleged
12    violation.
13        (c)  The Department shall  acknowledge  receipt  of  each
14    written  complaint,  commence an investigation of the alleged
15    violation,  and,  if  appropriate,  forward  a  copy  of  the
16    complaint to the Attorney General and the appropriate State's
17    Attorney's office. The Department shall forward a copy of the
18    formal complaint and  order  to  the  person  who  filed  the
19    complaint  and  to  the chief operating officer of the school
20    cited in the complaint.
21        (d)  Before proceeding to a hearing on  the  question  of
22    whether a license shall be refused or revoked, the Department
23    may  issue  a  letter  granting  the  hair braiding school in
24    question 30 days to correct the deficiency  or  deficiencies.
25    The  letter  shall  enumerate  the deficiencies and state the
26    action on the part of the  hair  braiding  school  that  will
27    correct  the  deficiency  or  deficiencies.  During  the time
28    designated for correcting deficiencies,  the  Department  may
29    order  the  school to cease and desist from all marketing and
30    student enrollment activities.

31        (225 ILCS 410/3F-15 new)
32        (Section scheduled to be repealed on January 1, 2006)
33        Sec. 3F-15.  Violations; unlawful practices.
 
                            -14-     LRB093 10328 AMC 10582 b
 1        (a)  The  following  acts  or  omissions  by  an   owner,
 2    operator, or authorized agent of a hair braiding school shall
 3    constitute  violations  of  this  Act  and unlawful practices
 4    under the Consumer Fraud  and  Deceptive  Business  Practices
 5    Act:
 6             (1)  False       or      misleading      statements,
 7        misrepresentations,  or  false  promises  that  have  the
 8        tendency or capacity to influence or  induce  persons  to
 9        enroll  in  the  course  of  instruction  offered  by the
10        school.
11             (2)  Failure or refusal of the school  to  make  the
12        disclosures  in the enrollment agreement required by this
13        Act or making false or  inaccurate  statements  in  those
14        disclosures.
15             (3)  Failure or refusal of the school to refund fees
16        and unearned tuition in accordance with the refund policy
17        prescribed  by this Act to any student who cancels his or
18        her enrollment agreement.
19             (4)  Failure or refusal  of  the  school  to  employ
20        course  instructors  licensed  by  the  Department  or to
21        provide the equipment, facilities, or services  necessary
22        to implement the course of instruction.
23        (b)  Whenever  the Attorney General or a State's Attorney
24    receives a complaint against a school  that  alleges  one  or
25    more  of  the  violations  enumerated  in subsection (a), the
26    Attorney  General  or  State's  Attorney   may   conduct   an
27    investigation to determine the validity of the complaint and,
28    if  a violation is found, may use any or all of the remedies,
29    penalties, or authority granted by  the  Consumer  Fraud  and
30    Deceptive Business Practices Act to correct the violation and
31    enforce  the  provisions of this Act. Within 10 business days
32    of receipt, the Department shall  transmit  to  the  Attorney
33    General  and  the  appropriate  State's  Attorney  copies  of
34    complaints filed in its office that allege one or more of the
 
                            -15-     LRB093 10328 AMC 10582 b
 1    violations enumerated in subsection (a) of this Section.

 2        (225 ILCS 410/3F-20 new)
 3        (Section scheduled to be repealed on January 1, 2006)
 4        Sec. 3F-20.  Offenses.
 5        (a)  Except  as  provided  in  subsection (b), any owner,
 6    operator, or authorized agent of a school  who  violates  any
 7    provision  of this Act shall be guilty of a business offense.
 8    The penalty is a fine of not less than $1,001  and  not  more
 9    than $1,500.
10        (b)  Any owner, operator, or authorized agent of a school
11    who  commits any of the following offenses shall be guilty of
12    a Class A misdemeanor for the first offense  and  a  Class  4
13    felony for a second or subsequent offense:
14             (1)  Knowingly and for the purpose of influencing or
15        inducing  a person to enroll in the course of instruction
16        offered by the school, making  any  false  or  misleading
17        statements,  misrepresentations,  or  false promises to a
18        person regarding opportunities upon graduation  from  the
19        school  for  (i)  employment  in a business, industry, or
20        trade,  (ii)  admission  to  an  institution  of   higher
21        learning, or (iii) admission to an occupational licensing
22        examination.
23             (2)  Knowingly  and with intent to defraud retaining
24        any unearned tuition or fees paid by a  student  who  has
25        cancelled his or her enrollment agreement and is entitled
26        to   a   refund  under  the  school's  refund  policy  as
27        prescribed in this Article.
28             (3)  Knowingly   and   with   intent   to    defraud
29        misrepresenting that any student who has cancelled his or
30        her  enrollment  agreement  is  presently enrolled in the
31        school, has completed the course of instruction,  or  has
32        graduated from the school.
33             (4)  Knowingly  using  or attempting to use students
 
                            -16-     LRB093 10328 AMC 10582 b
 1        in any commercial or manufacturing  activity  related  to
 2        the operation of the school and to the school's advantage
 3        and profit, except to the extent that the school provides
 4        the student with practical experience supplemental to the
 5        course  of  instruction or except in the case of students
 6        who are employed by the school and compensated  for  that
 7        employment.

 8        (225 ILCS 410/3F-25 new)
 9        (Section scheduled to be repealed on January 1, 2006)
10        Sec.   3F-25.  Injunction.   Upon   application   of  the
11    Department, the Attorney General, or  any  State's  Attorney,
12    the  circuit  court  of a county in which a violation of this
13    Article or the rules adopted under this Article has  occurred
14    shall have jurisdiction to enjoin any such violation.

15        (225 ILCS 410/3F-30 new)
16        (Section scheduled to be repealed on January 1, 2006)
17        Sec.  3F-30.  Private  right  of  action.  Any person who
18    suffers damages as a  result  of  a  violation  described  or
19    enumerated  in  this  Article  committed by any school or its
20    owner, agent, or representative may bring an  action  against
21    the  school.  The  court, in its discretion, may award actual
22    damages, treble actual damages if fraud is proved, injunctive
23    relief, and any other relief that the court deems proper.
24        The action may be commenced in the county  in  which  the
25    school  is located or has its principal place of business, or
26    in the  county  where  the  transaction  or  any  substantial
27    portion thereof occurred.
28        In any action brought by a person under this Section, the
29    court  may  award, in addition to the relief provided in this
30    Section,  reasonable  attorney's  fees  and  costs   to   the
31    prevailing party.
32        Either  party to an action under this Section may request
 
                            -17-     LRB093 10328 AMC 10582 b
 1    a trial by jury.

 2        (225 ILCS 410/3F-35 new)
 3        (Section scheduled to be repealed on January 1, 2006)
 4        Sec.  3F-35.  Requirements  for  licensure  as   a   hair
 5    braiding school.
 6        (a)  A person, firm, or corporation may not own, operate,
 7    or  conduct  a  school  or  college  of hair braiding for the
 8    purpose of teaching hair braiding  for  compensation  without
 9    filing  an  application with the Department on forms provided
10    by the Department, paying the required  fees,  and  complying
11    with all of the following requirements:
12             (1)  The  applicant must submit all of the following
13        to the Department for approval:
14                  (A)  A floor plan, drawn to a  scale  specified
15             on  the  floor  plan,  showing  every  detail of the
16             proposed school.
17                  (B)  A lease commitment or proof  of  ownership
18             for  the  location  of the proposed school.  A lease
19             commitment must provide for execution of  the  lease
20             upon  the  Department's  approval  of  the  school's
21             application and the lease must be for a period of at
22             least one year.
23                  (C)  A  written  inspection  report made by the
24             State Fire Marshal approving the use of the proposed
25             premises as a hair braiding school.
26             (2)  The applicant must submit a certified financial
27        statement prepared by a licensed public accountant who is
28        not an  employee  of  the  school  indicating  sufficient
29        finances to guarantee operation for one full year.
30             (3)  The  proposed  hair  braiding school or college
31        shall have a minimum of one theory or demonstration room,
32        one  workroom,  and  2  toilet  facilities.  The  minimum
33        equipment in the  workroom  shall  be  15  hair  braiding
 
                            -18-     LRB093 10328 AMC 10582 b
 1        chairs, one cabinet, and one wet sterilizer for each hair
 2        braiding  chair,  and  one scalp-treatment high frequency
 3        electricity apparatus for each 15 hair braiding chairs.
 4        (b)  The municipality in  which  the  proposed  new  hair
 5    braiding  school  is  to  be located shall be large enough to
 6    support the proposed hair braiding school to the degree  that
 7    the  students  who  might  be  enrolled  in the proposed hair
 8    braiding school would be assured of  sufficient  practice  to
 9    enable them to become competent workers.
10        (c)  It  shall  be  a  requirement  for  maintaining  and
11    renewing  a  hair  braiding school license that the school or
12    college of hair braiding  actually  provide  instruction  and
13    teaching,  as well as maintain the equipment required by this
14    Section. If a Hair Braiding school ceases operation  for  any
15    reason,  the  Department  shall place the school's license on
16    inoperative status, without hearing, for a period  of  up  to
17    one year from the date that the school ceases operation.
18        A  hair braiding school license on inoperative status may
19    be restored by the Department upon resumption of operation in
20    accordance with the requirements of this Act.  A  license  on
21    inoperative status may not be renewed. A hair braiding school
22    license  that  remains  on inoperative status for a period of
23    one year shall automatically, without hearing, be  cancelled.
24    A cancelled license may not be renewed or restored. A person,
25    firm, or corporation whose license has been cancelled and who
26    wishes  to  own,  operate,  or conduct a school or college of
27    hair braiding for the purpose of teaching hair  braiding  for
28    compensation must apply for a new license.
29        (d)  The  proposed  hair braiding school or college shall
30    have  a  curriculum  that  includes  each  of  the  following
31    subjects:  the  preparation  and  care   of   hair   braiding
32    implements, the art of braiding, styling, scalp massaging and
33    treatments   by  hand,  hair  braiding  anatomy,  physiology,
34    bacteriology, sanitation,  hair  braiding  history,  Illinois
 
                            -19-     LRB093 10328 AMC 10582 b
 1    hair  braiding  law, electricity and light rays, and a course
 2    dealing with the common diseases of the skin and  methods  to
 3    avoid  the  aggravation and spreading thereof in the practice
 4    of hair braiding.
 5        In a 750-hour hair braiding  course  all  students  shall
 6    receive  a  minimum of 350 hours of lectures, demonstrations,
 7    or discussions. The remaining 400 hours shall be  devoted  to
 8    practical  application of the student's skill in the workroom
 9    or to additional theory or other classwork, at the discretion
10    of the instructor.
11        The school shall comply with all rules of the  Department
12    establishing  the necessary curriculum and equipment required
13    for the conduct of such school.
14        (e)  The school  shall  employ  a  sufficient  number  of
15    qualified  teachers  of  hair  braiding  who are holders of a
16    current license issued  by  the  Department.   The  staff  is
17    sufficient only if the ratio of students to teachers does not
18    exceed 15 students for each hair braiding teacher.
19        (f)  The  Department shall make a final inspection of the
20    hair braiding school before the school may commence  classes.
21    The  inspection  shall include a determination of whether (i)
22    all of the requirements of subsection (a) have been met, (ii)
23    the school is in compliance with all rules of the  Department
24    established  for  the  purpose  of  determining the necessary
25    curriculum and equipment required for the school, and (iii) a
26    sufficient number of qualified teachers of hair braiding  who
27    are  holders of current licenses issued by the Department are
28    employed.
29    Upon meeting all of the requirements of this subsection,  the
30    Department  may  issue  a license and the school may commence
31    classes.
32        (g)  No hair braiding school may cease operation  without
33    first   delivering   its   student  records  to  a  place  of
34    safekeeping in accordance with Department rule.
 
                            -20-     LRB093 10328 AMC 10582 b
 1        (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
 2        (Section scheduled to be repealed on January 1, 2006)
 3        Sec.  4-1.  Powers  and  duties   of   Department.    The
 4    Department  shall exercise, subject to the provisions of this
 5    Act, the following functions, powers and duties:
 6        (1)  To cause to be conducted examinations  to  ascertain
 7    the qualifications and fitness of applicants for licensure as
 8    cosmetologists,    estheticians,   nail   technicians,   hair
 9    braiders, or barbers  and  as  cosmetology,  esthetics,  nail
10    technology, or barbering teachers.
11        (2)  To  establish  qualifications  for  licensure  as  a
12    cosmetologist, esthetician, nail technician, hair braider, or
13    barber  or cosmetology, esthetics, nail technology, or barber
14    teacher or cosmetology, esthetics, or nail technology  clinic
15    teachers  for  persons  currently licensed as cosmetologists,
16    estheticians, nail technicians, or  barbers  or  cosmetology,
17    esthetics,   nail   technology,   or   barber   teachers   or
18    cosmetology,  esthetics,  or  nail technology clinic teachers
19    outside the State of Illinois or the continental U.S.
20        (3)  To prescribe rules for:
21             (i)  The method of  examination  of  candidates  for
22        licensure   as   a   cosmetologist,   esthetician,   nail
23        technician,  hair  braider,  or  barber  or  cosmetology,
24        esthetics, nail technology, or barbering teacher.
25             (ii)  Minimum  standards  as  to what constitutes an
26        approved   school   of   cosmetology,   esthetics,   nail
27        technology, hair braiding, or barbering.
28        (4)  To conduct investigations or hearings on proceedings
29    to determine disciplinary action.
30        (5)  To prescribe reasonable rules governing the sanitary
31    regulation and inspection  of  cosmetology,  esthetics,  nail
32    technology, or barbering schools.
33        (6)  To  prescribe,  subject  to  and consistent with the
34    provisions of Section 4-1.5, reasonable rules for the  method
 
                            -21-     LRB093 10328 AMC 10582 b
 1    of  renewal for each license as a cosmetologist, esthetician,
 2    nail technician, hair  braider,  or  barber  or  cosmetology,
 3    esthetics,   nail   technology,   or   barbering  teacher  or
 4    cosmetology, esthetics, or nail technology clinic teacher.
 5        (7)  To prescribe reasonable  rules  for  the  method  of
 6    registration, the issuance, fees, renewal and discipline of a
 7    certificate of registration for the ownership or operation of
 8    cosmetology,  esthetics,  and  nail  technology  salons, hair
 9    braiding shops, and barber shops.
10    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

11        (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
12        (Section scheduled to be repealed on January 1, 2006)
13        Sec. 4-2. The Barber, Cosmetology,  Esthetics,  and  Nail
14    Technology,   and   Hair   Braiding   Committee.    There  is
15    established within the Department  the  Barber,  Cosmetology,
16    Esthetics,  and Nail Technology, and Hair Braiding Committee,
17    composed of 16 11 persons designated from time to time by the
18    Director to advise the Director in all matters related to the
19    practice  of  barbering,  cosmetology,  esthetics,  and  nail
20    technology, and hair braiding.
21        The 16 11 members of the Committee shall be appointed  as
22    follows:  6  licensed  cosmetologists,  all  of  whom  hold a
23    current license as a  cosmetologist  or  cosmetology  teacher
24    and,  for  appointments made after the effective date of this
25    amendatory Act of 1996, at least 2 of whom shall be an  owner
26    of  or a major stockholder in a school of cosmetology, one of
27    whom shall be a representative of a franchiser with 5 or more
28    locations  within  the  State,  one  of  whom  shall   be   a
29    representative  of  an  owner  operating  salons in 5 or more
30    locations  within  the  State,  one  of  whom  shall  be   an
31    independent  salon  owner,  and  no  one of the cosmetologist
32    members shall be a manufacturer, jobber, or stockholder in  a
33    factory of cosmetology articles or an immediate family member
 
                            -22-     LRB093 10328 AMC 10582 b
 1    of  any  of  the  above;  2  members of whom shall be barbers
 2    holding a current license; 5 members shall be  licensed  hair
 3    braiders;  one  member who shall be a licensed esthetician or
 4    esthetics teacher; one member who shall be  a  licensed  nail
 5    technician  or nail technology teacher; and one public member
 6    who holds no licenses issued by the Department.  The Director
 7    shall   give   due   consideration    for    membership    to
 8    recommendations  by  members  of the professions and by their
 9    professional organizations.  Members shall serve 4 year terms
10    and until their successors are appointed and  qualified.   No
11    member  shall be reappointed to the Committee for more than 2
12    terms.  Appointments to fill vacancies shall be made  in  the
13    same  manner  as  original  appointments  for  the  unexpired
14    portion  of  the  vacated term.   Members of the Committee in
15    office on the effective date of this amendatory Act  of  1996
16    shall  continue  to  serve  for  the duration of the terms to
17    which  they  have  been  appointed,  but  beginning  on  that
18    effective date all appointments  of  licensed  cosmetologists
19    and  barbers  to  serve  as members of the Committee shall be
20    made in a manner that will effect at  the  earliest  possible
21    date  the  changes made by this amendatory Act of 1996 in the
22    representative composition of the Committee.
23        Whenever  the  Director  is  satisfied  that  substantial
24    justice has not been done in an examination, the Director may
25    order a reexamination by the same or other examiners.
26    (Source: P.A. 89-387,  eff.  1-1-96;  89-706,  eff.  1-31-97;
27    90-580, eff. 5-21-98.)

28        (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
29        (Section scheduled to be repealed on January 1, 2006)
30        Sec.  4-4.  Issuance of license.  Whenever the provisions
31    of this Act have been complied  with,  the  Department  shall
32    issue   a  license  as  a  cosmetologist,  esthetician,  nail
33    technician,  hair  braider,  or  barber,  a  license   as   a
 
                            -23-     LRB093 10328 AMC 10582 b
 1    cosmetology,   esthetics,   nail   technology,  or  barbering
 2    teacher, or a license as a cosmetology,  esthetics,  or  nail
 3    technology clinic teacher as the case may be.
 4    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

 5        (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
 6        (Section scheduled to be repealed on January 1, 2006)
 7        Sec.  4-9. Practice without a license or after suspension
 8    or revocation thereof.
 9        (a)  If any person violates the provisions of  this  Act,
10    the  Director  may, in the name of the People of the State of
11    Illinois, through  the  Attorney  General  of  the  State  of
12    Illinois,  petition, for an order enjoining such violation or
13    for an order enforcing compliance with this  Act.   Upon  the
14    filing  of  a  verified petition in such court, the court may
15    issue a temporary restraining order, without notice or  bond,
16    and  may preliminarily and permanently enjoin such violation,
17    and if it is established that such person has violated or  is
18    violating  the  injunction, the Court may punish the offender
19    for contempt of court.  Proceedings under this Section  shall
20    be in addition to, and not in lieu of, all other remedies and
21    penalties provided by this Act.
22        (b)  If   any   person   shall   practice  as  a  barber,
23    cosmetologist, nail technician, hair braider, or esthetician,
24    or  teacher  thereof  or  cosmetology,  esthetics,  or   nail
25    technology clinic teacher or hold himself out as such without
26    being   licensed  under  the  provisions  of  this  Act,  any
27    licensee, any interested party, or any person injured thereby
28    may, in addition to the  Director,  petition  for  relief  as
29    provided in subsection (a) of this Section.
30        (c)  Whenever in the opinion of the Department any person
31    violates  any provision of this Act, the Department may issue
32    a rule to show cause why an order to cease and desist  should
33    not be entered against him.  The rule shall clearly set forth
 
                            -24-     LRB093 10328 AMC 10582 b
 1    the grounds relied upon by the Department and shall provide a
 2    period  of 7 days from the date of the rule to file an answer
 3    to the satisfaction of the Department. Failure to  answer  to
 4    the  satisfaction  of  the Department shall cause an order to
 5    cease and desist to be issued immediately.
 6    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

 7        (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
 8        (Section scheduled to be repealed on January 1, 2006)
 9        Sec.  4-19.  Emergency  suspension.   The  Director   may
10    temporarily  suspend  the license of a barber, cosmetologist,
11    nail technician, hair braider, esthetician or teacher thereof
12    or of a cosmetology, esthetics,  or  nail  technology  clinic
13    teacher   without   a   hearing,   simultaneously   with  the
14    institution of proceedings for  a  hearing  provided  for  in
15    Section 4-10 of this Act, if the Director finds that evidence
16    in  his possession indicates that the licensee's continuation
17    in practice  would  constitute  an  imminent  danger  to  the
18    public.    In   the   event   that   the  Director  suspends,
19    temporarily, this license without a hearing, a  hearing  must
20    be held within 30 days after such suspension has occurred.
21    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

22        (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
23        (Section scheduled to be repealed on January 1, 2006)
24        Sec.  4-20.  Violations; penalties.  Whoever violates any
25    of the following shall, for the first offense, be guilty of a
26    Class B misdemeanor; for the second offense, shall be  guilty
27    of  a  Class  A misdemeanor; and for all subsequent offenses,
28    shall be guilty of a Class 4 felony and  be  fined  not  less
29    than $1,000 or more than $5,000.
30        (1)  The   practice   of  cosmetology,  nail  technology,
31    esthetics, hair braiding,  or  barbering  or  an  attempt  to
32    practice   cosmetology,   nail  technology,  esthetics,  hair
 
                            -25-     LRB093 10328 AMC 10582 b
 1    braiding, or barbering without a license as a  cosmetologist,
 2    nail  technician,  esthetician,  hair braider, or barber or a
 3    cosmetology, nail technology, esthetics, or barbering teacher
 4    without  a  license  as  a  cosmetology,   nail   technology,
 5    esthetics   or   barbering   teacher  or  as  a  cosmetology,
 6    esthetics, or nail technology clinic teacher without a proper
 7    license.
 8        (2)  The obtaining of or an attempt to obtain  a  license
 9    or   money   or  any  other  thing  of  value  by  fraudulent
10    misrepresentation.
11        (3)  Practice   in   the   barber,    nail    technology,
12    cosmetology,  hair  braiding,  or  esthetic profession, or an
13    attempt  to  practice  in  those  professions  by  fraudulent
14    misrepresentation.
15        (4)  Wilfully  making  any  false  oath  or   affirmation
16    whenever an oath or affirmation is required by this Act.
17        (5)  The violation of any of the provisions of this Act.
18    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.
 
                            -26-     LRB093 10328 AMC 10582 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 80/4.16
 4    225 ILCS 410/1-1          from Ch. 111, par. 1701-1
 5    225 ILCS 410/1-7          from Ch. 111, par. 1701-7
 6    225 ILCS 410/1-7.5
 7    225 ILCS 410/1-10         from Ch. 111, par. 1701-10
 8    225 ILCS 410/3-1          from Ch. 111, par. 1703-1
 9    225 ILCS 410/Art. IIID heading
10    225 ILCS 410/3D-5
11    225 ILCS 410/Art. IIIE heading new
12    225 ILCS 410/3E-5 new
13    225 ILCS 410/3E-10 new
14    225 ILCS 410/3E-15 new
15    225 ILCS 410/3E-20 new
16    225 ILCS 410/3E-25 new
17    225 ILCS 410/3E-30 new
18    225 ILCS 410/3E-35 new
19    225 ILCS 410/Art. IIIF heading new
20    225 ILCS 410/3F-5 new
21    225 ILCS 410/3F-10 new
22    225 ILCS 410/3F-15 new
23    225 ILCS 410/3F-20 new
24    225 ILCS 410/3F-25 new
25    225 ILCS 410/3F-30 new
26    225 ILCS 410/3F-35 new
27    225 ILCS 410/4-1          from Ch. 111, par. 1704-1
28    225 ILCS 410/4-2          from Ch. 111, par. 1704-2
29    225 ILCS 410/4-4          from Ch. 111, par. 1704-4
30    225 ILCS 410/4-9          from Ch. 111, par. 1704-9
31    225 ILCS 410/4-19         from Ch. 111, par. 1704-19
32    225 ILCS 410/4-20         from Ch. 111, par. 1704-20