093_HB0468enr

HB0468 Enrolled                      LRB093 04022 AMC 04061 b

 1        AN ACT concerning professional regulation.

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

 4        Section  5.  The Barber, Cosmetology, Esthetics, and Nail
 5    Technology Act of 1985 is amended by  changing  Sections  3-2
 6    and 4-2 as follows:

 7        (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
 8        (Section scheduled to be repealed on January 1, 2006)
 9        Sec. 3-2. Licensure; qualifications.
10        (1)  A  person  is  qualified  to  receive a license as a
11    cosmetologist who has filed an application on forms  provided
12    by the Department, pays the required fees, and:
13             a.  Is at least l6 years of age; and
14             b.  Has  graduated  from  an eighth grade elementary
15        school, or its equivalent; and
16             c.  Has  graduated  from  a  school  of  cosmetology
17        approved by the Department, having  completed  a  program
18        total of l500 hours in the study of cosmetology extending
19        over  a  period of not less than 8 months nor more than 7
20        consecutive years.  A school of cosmetology may,  at  its
21        discretion, consistent with  the rules of the Department,
22        accept  up  to  500 hours of barber  school training at a
23        recognized barber school toward  the  l500  hour  program
24        requirement  of  cosmetology.  Time  spent  in such study
25        under the laws of  another  state  or  territory  of  the
26        United  States  or of a foreign country or province shall
27        be credited  toward the period of study required  by  the
28        provisions of this paragraph; and
29             d.  Has  passed  an  examination  authorized  by the
30        Department to determine fitness to receive a license as a
31        cosmetologist. The requirements for remedial training set
 
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 1        forth in Section 3-6 of this Act may be waived  in  whole
 2        or in part by the Department upon proof to the Department
 3        that  the  applicant has demonstrated competence to again
 4        sit for the examination.  The Department shall promulgate
 5        rules  establishing   the   standards   by   which   such
 6        determination shall be made; and
 7             e.  Has met any other requirements of this Act.
 8        (2)  If   the  applicant  applies  for  a  license  as  a
 9    cosmetologist on September 1, 2000 or September 2, 2000,  the
10    Department  may  accept  a  verified  10 years of cosmetology
11    experience, which may include esthetics  or  nail  technology
12    experience,  before  July 1, 2000 in lieu of the requirements
13    in items c and d of subsection (1) of this Section.
14    (Source: P.A. 91-863, eff. 7-1-00.)

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

33        Section  10.   The Electrologist Licensing Act is amended
 
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 1    by changing Section 33 as follows:

 2        (225 ILCS 412/33)
 3        (Section scheduled to be repealed on January 1, 2014)
 4        Sec. 33.  Grandfather  provision.  For  a  period  of  12
 5    months  after the filing of the original administrative rules
 6    adopted under this Act, the Department may issue a license to
 7    any individual who, in addition to meeting  the  requirements
 8    set forth in paragraphs (1), (2), (3), and (4) of Section 30,
 9    can  document employment as an electrologist and has received
10    remuneration for practicing electrology for  a  period  of  3
11    years and can show proof of one of the following: (i) current
12    board certification by a national electrology certifying body
13    approved  by  the  Department;  or  (ii)  completion of 30 75
14    continuing education units in  electrology  approved  by  the
15    Department.
16    (Source: P.A. 92-750, eff. 1-1-03.)

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.