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91_SB1339enr SB1339 Enrolled LRB9111014LDpk 1 AN ACT to amend the Barber, Cosmetology, Esthetics, and 2 Nail Technology Act of 1985 by changing Sections 3-1, 3-2, 3 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and 4-23. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Barber, Cosmetology, Esthetics, and Nail 7 Technology Act of 1985 is amended by changing Sections 3-1, 8 3-2, 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and 9 4-23 as follows: 10 (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1) 11 Sec. 3-1. Cosmetology defined. Any one or any 12 combination of the following practices constitutes the 13 practice of cosmetology when done for cosmetic or beautifying 14 purposes and not for the treatment of disease or of muscular 15 or nervous disorder: arranging, braiding, dressing, cutting, 16 trimming, curling, waving, chemical restructuring, shaping, 17 singeing, bleaching, coloring or similar work, upon the hair 18 of the head; cutting or trimming facial hair of any person; 19 any practice of manicuring, pedicuring, decorating nails, 20 applying sculptured nails or otherwise artificial nails by 21 hand or with mechanical or electrical apparatus or 22 appliances, or in any way caring for the nails or the skin of 23 the hands or feet including massaging the hands, arms, 24 elbows, feet, lower legs, and knees of another person for 25 other than the treatment of medical disorderstherapeutic26purposes; any practice of epilation or depilation of any 27 person; any practice for the purpose of cleansing, massaging 28 or toning the skin of the scalp; beautifying, massaging, 29 cleansing, exfoliating the stratum corneum of the epidermis, 30 or stimulating the skin of the human body by the use of 31 cosmetic preparations, antiseptics, body treatments, body SB1339 Enrolled -2- LRB9111014LDpk 1 wraps, the use of hydrotherapy, tonics, lotions or creams or 2 any device, electrical or otherwise, for the care of the 3 skin; applying make-up or eyelashes to any person, tinting 4 eyelashes and eyebrows and lightening hair on the body and 5 removing superfluous hair from the body of any person by the 6 use of depilatories, waxing or tweezers. The term 7 "cosmetology" does not include the services provided by an 8 electrologist. Nail technology is the practice and the study 9 of cosmetology only to the extent of manicuring, pedicuring, 10 decorating, and applying sculptured or otherwise artificial 11 nails, or in any way caring for the nail or the skin of the 12 hands or feet including massaging the hands, arms, elbows, 13 feet, lower legs, and knees. Cosmetologists are prohibited 14 from performing any procedure that may puncture or abrade the 15 skin below the stratum corneum of the epidermis or remove 16 closed miliacomedones(whiteheads) which may draw blood or 17 serous body fluid. The term cosmetology includes rendering 18 advice on what is cosmetically appealing, but no person 19 licensed under this Act shall render advice on what is 20 appropriate medical treatment for diseases of the skin. 21 Purveyors of cosmetics may demonstrate such cosmetic products 22 in conjunction with any sales promotion and shall not be 23 required to hold a license under this Act. Nothing in this 24 Act shall be construed to prohibit the shampooing of hair by 25 persons employed for that purpose and who perform that task 26 under the direct supervision of a licensed cosmetologist or 27 licensed cosmetology teacher. 28 (Source: P.A. 89-387, eff. 1-1-96.) 29 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2) 30 Sec. 3-2. Licensure; qualifications. 31 (1) A person is qualified to receive a license as a 32 cosmetologist who has filed an application on forms provided 33 by the Department, pays the required fees, and: SB1339 Enrolled -3- LRB9111014LDpk 1 a. Is at least l6 years of age; and 2 b. Has graduated from an eighth grade elementary 3 school, or its equivalent; and 4 c. Has graduated from a school of cosmetology 5 approved by the Department, having completed a total of 6 l500 hours in the study of cosmetology extending over a 7 period of not less than 8 months nor more than 7 8 consecutive years. A school of cosmetology may, at its 9 discretion, consistent with the rules of the Department, 10 accept up to 500 hours of barber school training at a 11 recognized barber school toward the l500 hour program 12courserequirement of cosmetology. Time spent in such 13 study under the laws of another state or territory of the 14 United States or of a foreign country or province shall 15 be credited toward the period of study required by the 16 provisions of this paragraph; and 17 d. Has passed an examination authorized by the 18 Department to determine fitness to receive a license as a 19 cosmetologist. The requirements for remedial training set 20 forth in Section 3-6 of this Act may be waived in whole 21 or in part by the Department upon proof to the Department 22 that the applicant has demonstrated competence to again 23 sit for the examination. The Department shall promulgate 24 rules establishing the standards by which such 25 determination shall be made; and 26 e. Has met any other requirements of this Act. 27 (2) If the applicant applies for a license as a 28 cosmetologist on September 1, 2000 or September 2, 2000, the 29 Department may accept a verified 10 years of cosmetology 30 experience, which may include esthetics or nail technology 31 experience, before July 1, 2000 in lieu of the requirements 32 in items c and d of subsection (1) of this Section. 33 (Source: P.A. 89-387, eff. 1-1-96.) SB1339 Enrolled -4- LRB9111014LDpk 1 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4) 2 Sec. 3-4. Licensure as cosmetology teacher or cosmetology 3 clinic teacher; qualifications. 4 (a) A person is qualified to receive license as a 5 cosmetology teacher if that person has applied in writing on 6 forms provided by the Department, has paid the required fees, 7 and: 8 (1) is at least 18 years of age; 9 (2) has graduated from high school or its 10 equivalent; 11 (3) has a current license as a cosmetologist; 12 (4) has either: (i) completed a program of 500 13 hours of teacher training in a licensed school of 14 cosmetology and had 2 years of practical experience as a 15 licensed cosmetologist within 5 years preceding the 16 examination; or (ii) completed a program of 1,000 hours 17 of teacher training in a licensed school of cosmetology; 18 (5) has passed an examination authorized by the 19 Department to determine fitness to receive a license as a 20 cosmetology teacher; and 21 (6) has met any other requirements of this Act. 22 A cosmetology teacher who teaches esthetics, in order to 23 be licensed, shall demonstrate, to the satisfaction of the 24 Department, current skills in the use of machines used in the 25 practice of esthetics. 26 An individual who receives a license as a cosmetology 27 teacher shall not be required to maintain an active 28 cosmetology license in order to practice cosmetology as 29 defined in this Act. 30 (b) A person is qualified to receive a license as a 31 cosmetology clinic teacher if he or she has applied in 32 writing on forms provided by the Department, has paid the 33 required fees, and: 34 (1) is at least 18 years of age; SB1339 Enrolled -5- LRB9111014LDpk 1 (2) has graduated from high school or its 2 equivalent; 3 (3) has a current license as a cosmetologist; 4 (4) has completed a program of 250 hours of clinic 5 teacher training in a licensed school of cosmetology and 6 has 2 years of practical experience as a licensed 7 cosmetologist within 5 years preceding the examination; 8 (5) has passed an examination authorized by the 9 Department to determine fitness to receive a license as a 10 cosmetology teacher; and 11 (6) has met any other requirements of this Act. 12 (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.) 13 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6) 14 Sec. 3-6. Examination. The Department shall authorize 15 examinations of applicants for licensure as cosmetologists, 16 teachers of cosmetology at the times and places it may 17 determine. If an applicant for licensure as a cosmetologist 18 fails to pass 3 examinations conducted by the Department, the 19 applicant shall, before taking a subsequent examination, 20 furnish evidence of not less than 250 hours of additional 21 study of cosmetology in an approved school of cosmetology 22 since the applicant last took the examination. If an 23 applicant for licensure as a cosmetology teacher fails to 24 pass 3 examinations conducted by the Department, the 25 applicant shall, before taking a subsequent examination, 26 furnish evidence of not less than 80 hours of additional 27 study in teaching methodology and educational psychology in 28 an approved school of cosmetology since the applicant last 29 took the examination. An applicant who fails to pass the 30 fourth examination shall not again be admitted to an 31 examination unless: (i) in the case of an applicant for 32 licensure as a cosmetologist, the applicant again takes and 33 completes a programtotalof 1500 hours in the study of SB1339 Enrolled -6- LRB9111014LDpk 1 cosmetology in an approved school of cosmetology extending 2 over a period that commences after the applicant fails to 3 pass the fourth examination and that is not less than 8 4 months nor more than 7 consecutive years in duration; (ii) in 5 the case of an applicant for licensure as a cosmetology 6 teacher, the applicant again takes and completes a program 7totalof 1000 hours of teacher training in an approved school 8 of cosmetology, except that if the applicant had 2 years of 9 practical experience as a licensed cosmetologist within the 5 10 years preceding the initial examination taken by the 11 applicant, the applicant must again take and complete a 12 program of 500 hours of teacher training in an approved 13 school of cosmetology, esthetics, or nail technology; or 14 (iii) in the case of an applicant for licensure as a 15 cosmetology clinic teacher, the applicant again takes and 16 completes a programtotalof 250 hours of clinic teacher 17 training in a licensed school of cosmetology. Each 18 cosmetology applicant shall be given a written examination 19 testing both theoretical and practical knowledge, which shall 20 include, but not be limited to, questions that determine the 21 applicant's knowledge of product chemistry, sanitary rules, 22 sanitary procedures, chemical service procedures, hazardous 23 chemicals and exposure minimization, knowledge of the anatomy 24 of the skin, scalp, and hair as they relate to applicable 25 services under this Act and labor and compensation laws. 26 The examination of applicants for licensure as a 27 cosmetology, esthetics, or nail technology teacher may 28 include all of the elements of the exam for licensure as a 29 cosmetologist, esthetician, or nail technician and also 30 include teaching methodology, classroom management, record 31 keeping, and any other related subjects that the Department 32 in its discretion may deem necessary to insure competent 33 performance. 34 This Act does not prohibit the practice of cosmetology by SB1339 Enrolled -7- LRB9111014LDpk 1 one who has applied in writing to the Department, in form and 2 substance satisfactory to the Department, for a license as a 3 cosmetologist, or the teaching of cosmetology by one who has 4 applied in writing to the Department, in form and substance 5 satisfactory to the Department, for a license as a 6 cosmetology teacher or cosmetology clinic teacher, if the 7 person has complied with all the provisions of this Act in 8 order to qualify for a license, except the passing of an 9 examination to be eligible to receive a license, until: (a) 10 the expiration of 6 months after the filing of the written 11 application, (b) the decision of the Department that the 12 applicant has failed to pass an examination within 6 months 13 or failed without an approved excuse to take an examination 14 conducted within 6 months by the Department, or (c) the 15 withdrawal of the application. 16 A person who took the September 10, 1994 cosmetology 17 licensure examination for the sixth time and failed the 18 examination and failed to request a reader based upon a 19 documented learning disability may reapply for the 20 examination within 6 months of the effective date of this 21 amendatory Act of the 91st General Assembly without having to 22 complete the additional 1,500 hours of instruction required 23 under this Act. 24 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 25 (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1) 26 Sec. 3A-1. Esthetics and esthetician defined. 27 (A) Any person who for compensation, whether direct or 28 indirect, including tips, engages in the following practices 29 engages in the practice of esthetics: 30 1. Beautifying, massaging, cleansing, exfoliating 31 the stratum corneum of the epidermis or stimulating the 32 skin of the human body, except the scalp, by the use of 33 cosmetic preparations, body treatments, body wraps, the SB1339 Enrolled -8- LRB9111014LDpk 1 use of hydrotherapy, antiseptics, tonics, lotions or 2 creams or any device, electrical or otherwise, for the 3 care of the skin; 4 2. Applying make-up or eyelashes to any person, 5 tinting eyelashes and eyebrows and lightening hair on the 6 body except the scalp; and 7 3. Removing superfluous hair from the body of any 8 person by the use of depilatories, waxing or tweezers. 9 However, esthetics does not include the services provided 10 by a cosmetologist or electrologist. Estheticians are 11 prohibited from performing any procedure which may puncture 12 or abrade the skin below the stratum corneum of the epidermis 13 or remove closed miliacomedones(whiteheads) which may draw 14 blood or serous body fluid. The term esthetics includes 15 rendering advice on what is cosmetically appealing, but no 16 person licensed under this Act shall render advice on what is 17 appropriate medical treatment for diseases of the skin. 18 (B) "Esthetician" means any person who, with hands or 19 mechanical or electrical apparatus or appliances, engages 20 only in the use of cosmetic preparations, body treatments, 21 body wraps, hydrotherapy, makeups, antiseptics, tonics, 22 lotions, creams or other preparations or in the practice of 23 massaging, cleansing, exfoliating the stratum corneum of the 24 epidermis, stimulating, manipulating, beautifying, grooming 25 or similar work on the face, neck, arms and hands or body in 26 a superficial mode, and not for the treatment of medical 27 disorderstherapeutic purposes. 28 (Source: P.A. 85-1302.) 29 (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2) 30 Sec. 3A-2. Licensure as an esthetician; qualifications. 31 A person is qualified to receive a license as a licensed 32 esthetician if that person has applied in writing on forms 33 provided by the Department, paid any required fees, and: SB1339 Enrolled -9- LRB9111014LDpk 1 a. Is at least 16 years of age; and 2 b. Has a certificate of graduation from a school 3 providing secondary education, or the recognized equivalent 4 of such a certificate, or persons who are beyond the age of 5 compulsory school attendance; and 6 c. Has graduated from a school of cosmetology or 7 esthetics approved by the Department, having completed a 8 programtotalof 750 hours in the study of esthetics 9 extending over a period of not less than 18 weeks nor more 10 than 4 consecutive years. Time spent in such study under the 11 laws of another state or territory of the United States or of 12 a foreign country or province shall be credited toward the 13 period of study required by the provisions of this paragraph; 14 and 15 d. Has passed an examination authorized by the 16 Department to determine fitness to receive a license as a 17 licensed esthetician; and 18 e. Has met any other requirements of this Act and rules. 19 (Source: P.A. 89-387, eff. 1-1-96.) 20 (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3) 21 Sec. 3A-3. Licensure as an esthetics teacher; 22 qualifications. 23 (a) A person is qualified to receive a license as an 24 esthetics teacher if that person has applied in writing on 25 forms supplied by the Department, paid the required fees, 26 and: 27 (1) is at least 18 years of age; 28 (2) has graduated from high school or its 29 equivalent; 30 (3) has a current license as a licensed 31 cosmetologist or esthetician; 32 (4) has either: (i) completed a program of 500 33 hours of teacher training in a licensed school of SB1339 Enrolled -10- LRB9111014LDpk 1 cosmetology or a licensed esthetics school and had 2 2 years of practical experience as a licensed cosmetologist 3 or esthetician within 5 years preceding the examination; 4 or (ii) completed a program of 750 hours of teacher 5 training in a licensed school of cosmetology approved by 6 the Department to teach esthetics or a licensed esthetics 7 school; 8 (5) has passed an examination authorized by the 9 Department to determine fitness to receive a license as a 10 licensed cosmetology or esthetics teacher; 11 (6) demonstrates, to the satisfaction of the 12 Department, current skills in the use of machines used in 13 the practice of esthetics; and 14 (7) has met any other requirements as required by 15 this Act. 16 (b) A person is qualified to receive a license as an 17 esthetics clinic teacher if that person has applied in 18 writing on forms supplied by the Department, paid the 19 required fees, and: 20 (1) is at least 18 years of age; 21 (2) has graduated from high school or its 22 equivalent; 23 (3) has a current license as a licensed 24 cosmetologist or esthetician; 25 (4) has completed a program of 250 hours of clinic 26 teacher training in a licensed school of cosmetology 27 approved by the Department to teach esthetics or a 28 licensed esthetics school and had 2 years of practical 29 experience as a licensed cosmetologist or esthetician 30 within 5 years preceding the examination; 31 (5) has passed an examination authorized by the 32 Department to determine fitness to receive a license as a 33 licensed cosmetology teacher or licensed esthetics 34 teacher; SB1339 Enrolled -11- LRB9111014LDpk 1 (6) demonstrates, to the satisfaction of the 2 Department, current skills in the use of machines used in 3 the practice of esthetics; and 4 (7) has met any other requirements required by this 5 Act. 6 (c) An applicant who is issued a license as an esthetics 7 teacher or esthetics clinic teacher is not required to 8 maintain an esthetics license in order to practice as an 9 esthetician as defined in this Act. 10 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 11 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5) 12 Sec. 3A-5. Examination. 13 (a) The Department shall authorize examinations of 14 applicants for a license as an esthetician or teacher of 15 esthetics at such times and places as it may determine. The 16 Department shall authorize no fewer than 4 examinations for a 17 license as an esthetician or a teacher of esthetics in a 18 calendar year. 19 If an applicant neglects, fails without an approved 20 excuse, or refuses to take the next available examination 21 offered for licensure under this Act, the fee paid by the 22 applicant shall be forfeited to the Department and the 23 application denied. If an applicant fails to pass an 24 examination for licensure under this Act within 3 years after 25 filing his or her application, the application shall be 26 denied. However, such applicant may thereafter make a new 27 application for examination, accompanied by the required fee, 28 if he or she meets the requirements in effect at the time of 29 reapplication. If an applicant for licensure as an 30 esthetician is unsuccessful at 3 examinations conducted by 31 the Department, the applicant shall, before taking a 32 subsequent examination, furnish evidence of not less than 125 33 hours of additional study of esthetics in an approved school SB1339 Enrolled -12- LRB9111014LDpk 1 of cosmetology or esthetics since the applicant last took the 2 examination. If an applicant for licensure as an esthetics 3 teacher or esthetics clinic teacher is unsuccessful at 3 4 examinations conducted by the Department, the applicant 5 shall, before taking a subsequent examination, furnish 6 evidence of not less than 80 hours of additional study in 7 teaching methodology and educational psychology in a licensed 8 school of cosmetology or esthetics since the applicant last 9 took the examination. An applicant who fails to pass a 10 fourth examination shall not again be admitted to an 11 examination unless (i) in the case of an applicant for 12 licensure as an esthetician, the applicant shall again take 13 and complete a programtotalof 750 hours in the study of 14 esthetics in a licensed school of cosmetology approved to 15 teach esthetics or a school of esthetics, extending over a 16 period that commences after the applicant fails to pass the 17 fourth examination and that is not less than 18 weeks nor 18 more than 4 consecutive years in duration; (ii) in the case 19 of an applicant for a license as an esthetics teacher, the 20 applicant shall again take and complete a programtotalof 21 750 hours of teacher training in a school of cosmetology 22 approved to teach esthetics or a school of esthetics, except 23 that if the applicant had 2 years of practical experience as 24 a licensed cosmetologist or esthetician within 5 years 25 preceding the initial examination taken by the applicant, the 26 applicant must again take and complete a program of 500 hours 27 of teacher training in licensed cosmetology or a licensed 28 esthetics school; or (iii) in the case of an applicant for a 29 license as an esthetics clinic teacher, the applicant shall 30 again take and complete a programtotalof 250 hours of 31 clinic teacher training in a licensed school of cosmetology 32 or a licensed school of esthetics. 33 (b) Each applicant shall be given a written examination 34 testing both theoretical and practical knowledge which shall SB1339 Enrolled -13- LRB9111014LDpk 1 include, but not be limited to, questions that determine the 2 applicant's knowledge of: 3 (1) product chemistry; 4 (2) sanitary rules and regulations; 5 (3) sanitary procedures; 6 (4) chemical service procedures; 7 (5) knowledge of the anatomy of the skin, as it 8 relates to applicable services under this Act; 9 (6) the provisions and requirements of this Act; 10 and 11 (7) labor and compensation laws. 12 (c) The examination of applicants for licensure as an 13 esthetics teacher may include all of the above and may also 14 include: 15 (1) teaching methodology; 16 (2) classroom management; and 17 (3) record keeping and any other subjects that the 18 Department may deem necessary to insure competent 19 performance. 20 (d) This Act does not prohibit the practice of esthetics 21 by one who has applied in writing to the Department, in form 22 and substance satisfactory to the Department, for a license 23 as an esthetician, an esthetics teacher, or an esthetics 24 clinic teacher and has complied with all the provisions of 25 this Act in order to qualify for a license, except the 26 passing of an examination to be eligible to receive such 27 license certificate, until: (i) the expiration of 6 months 28 after the filing of such written application, or (ii) the 29 decision of the Department that the applicant has failed to 30 pass an examination within 6 months or failed without an 31 approved excuse to take an examination conducted within 6 32 months by the Department, or (iii) the withdrawal of the 33 application. 34 (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.) SB1339 Enrolled -14- LRB9111014LDpk 1 (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1) 2 Sec. 3C-1. Definitions. "Nail technician" means any 3 person who for compensation manicures, pedicures, or 4 decorates nails, applies sculptured or otherwise artificial 5 nails by hand or with mechanical or electrical apparatus or 6 appliances, or in any way cares for the nails or the skin of 7 the hands or feet including massaging the hands, arms, 8 elbows, feet, lower legs, and knees of another person for 9 other than the treatment of medical disorderstherapeutic10purposes. 11 However, nail technicians are prohibited from performing 12 any procedure that may puncture the skin or which may draw 13 blood or serous body fluid. The term nail technician 14 includes rendering advice on what is cosmetically appealing, 15 but no person licensed under this Act shall render advice on 16 what is appropriate medical treatment for diseases of the 17 nails or skin. 18 "Nail technician teacher" means an individual licensed by 19 the Department to provide instruction in the theory and 20 practice of nail technology to students in an approved nail 21 technology school. 22 "Licensed nail technology clinic teacher" means an 23 individual licensed by the Department to practice nail 24 technology as defined in this Act and to provide clinical 25 instruction in the practice of nail technology in an approved 26 school of cosmetology or an approved school of nail 27 technology. 28 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 29 (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3) 30 Sec. 3C-3. Licensure as a nail technology teacher or 31 nail technology clinic teacher; qualifications. 32 (a) A person is qualified to receive a license as a nail 33 technology teacher if that person has filed an application on SB1339 Enrolled -15- LRB9111014LDpk 1 forms provided by the Department, paid the required fee, and: 2 (1) is at least 18 years of age; 3 (2) has graduated from high school or its 4 equivalent; 5 (3) has a current license as a cosmetologist or 6 nail technician; 7 (4) has either: (1) completed a program of 500 8 hours of teacher training in a licensed school of nail 9 technology or cosmetology, and had 2 years of practical 10 experience as a nail technician; or (2) has completed a 11 program of 625 hours of teacher training in a licensed 12 school of cosmetology approved to teach nail technology 13 or school of nail technology; and 14 (5) who has passed an examination authorized by the 15 Department to determine fitness to receive a license as a 16 cosmetology or nail technology teacher. 17 (b) A person is qualified to receive a license as a nail 18 technology clinic teacher if that person has applied in 19 writing on forms supplied by the Department, paid the 20 required fees, and: 21 (1) is at least 18 years of age; 22 (2) has graduated from high school or its 23 equivalent; 24 (3) has a current license as a licensed 25 cosmetologist or nail technician; 26 (4) has completed a program of 250 hours of clinic 27 teacher training in a licensed school of cosmetology or a 28 licensed nail technology school and had 2 years of 29 practical experience as a licensed cosmetologist or nail 30 technician within 5 years preceding the examination; 31 (5) has passed an examination authorized by the 32 Department to determine fitness to receive a license as a 33 licensed cosmetology teacher or licensed nail technology 34 teacher; SB1339 Enrolled -16- LRB9111014LDpk 1 (6) demonstrates, to the satisfaction of the 2 Department, current skills in the use of machines used in 3 the practice of nail technology; and 4 (7) has met any other requirements required by this 5 Act. 6 (c) An applicant who receives a license as a nail 7 technology teacher or nail technology clinic teacher shall 8 not be required to maintain a license as a nail technician. 9 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 10 (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7) 11 Sec. 3C-7. Examinations; failure or refusal to take 12 examination. The Department shall authorize examinations of 13 applicants for licenses as nail technicians and teachers of 14 nail technology at the times and places as it may determine. 15 The Department shall authorize not less than 4 16 examinations for licenses as nail technicians, and nail 17 technology teachers in a calendar year. 18 If an applicant neglects, fails without an approved 19 excuse, or refuses to take the next available examination 20 offered for licensure under this Act, the fee paid by the 21 applicant shall be forfeited to the Department and the 22 application denied. If an applicant fails to pass an 23 examination for licensure under this Act within 3 years after 24 filing an application, the application shall be denied. 25 Nevertheless, the applicant may thereafter make a new 26 application for examination, accompanied by the required fee, 27 if he or she meets the requirements in effect at the time of 28 reapplication. If an applicant for licensure as a nail 29 technician, nail technology teacher, or nail technology 30 clinic teacher is unsuccessful at 3 examinations conducted by 31 the Department, the applicant shall, before taking a 32 subsequent examination, furnish evidence of successfully 33 completing (i) for a nail technician, not less than 60 hours SB1339 Enrolled -17- LRB9111014LDpk 1 of additional study of nail technology in a licensed school 2 of cosmetology approved to teach nail technology or nail 3 technology and (ii) for a nail technology teacher or nail 4 technology clinic teacher, not less than 80 hours of 5 additional study in teaching methodology and educational 6 psychology in an approved school of cosmetology or nail 7 technology since the applicant last took the examination. 8 An applicant who fails the fourth examination shall not 9 again be admitted to an examination unless: (i) in the case 10 of an applicant for a license as a nail technician, the 11 applicant again takes and completes a total of 350 hours in 12 the study of nail technology in an approved school of 13 cosmetology or nail technology extending over a period that 14 commences after the applicant fails to pass the fourth 15 examination and that is not less than 8 weeks nor more than 2 16 consecutive years in duration; or (ii) in the case of an 17 applicant for licensure as a nail technology teacher, the 18 applicant again takes and completes a programtotalof 625 19 hours of teacher training in an approved school of 20 cosmetology, or nail technology, except that if the applicant 21 had 2 years of practical experience as a licensed nail 22 technician within 5 years preceding the initial examination 23 taken by the applicant, the applicant must again take and 24 complete a program of 500 hours of teacher training in a 25 licensed school of cosmetology approved to teach nail 26 technology, or a licensed school of nail technology or a 27 program of 250 hours of clinic teacher training in a licensed 28 school of cosmetology. 29 Each applicant for licensure as a nail technician shall 30 be given a written examination testing both theoretical and 31 practical knowledge, which shall include, but not be limited 32 to, questions that determine the applicant's knowledge of 33 product chemistry, sanitary rules, sanitary procedures, 34 hazardous chemicals and exposure minimization, this Act, and SB1339 Enrolled -18- LRB9111014LDpk 1 labor and compensation laws. 2 The examination for licensure as a nail technology 3 teacher or nail technology clinic teacher may include 4 knowledge of the subject matter, teaching methodology, 5 classroom management, record keeping, and any other subjects 6 that the Department in its discretion may deem necessary to 7 insure competent performance. 8 This Act does not prohibit the practice of nail 9 technology by a person who has applied in writing to the 10 Department, in form and substance satisfactory to the 11 Department, for a license as a nail technician, or the 12 teaching of nail technology by one who has applied in writing 13 to the Department, in form and substance satisfactory to the 14 Department, for a license as a nail technology teacher or 15 nail technology clinic teacher, if the person has complied 16 with all the provisions of this Act in order to qualify for a 17 license, except the passing of an examination to be eligible 18 to receive a license, until: (a) the expiration of 6 months 19 after the filing of the written application, or (b) the 20 decision of the Department that the applicant has failed to 21 pass an examination within 6 months or failed without an 22 approved excuse to take an examination conducted within 6 23 months by the Department, or (c) the withdrawal of the 24 application. 25 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97; 26 90-302, eff. 8-1-97.) 27 (225 ILCS 410/4-23) 28 Sec. 4-23. Penalties for failure to receive required 29 continuing education credits. 30 (a) In the first 2-year cycle in which a licensee does 31 not obtain his or her continuing education hours, the 32 Department shall place him or her on probation. If the 33 licensee does obtain his or her continuing education hours SB1339 Enrolled -19- LRB9111014LDpk 1 prior to his or her next renewal, the Department shall 2 restore his or her license to good standing. 3 (b) In the second consecutive 2-year cycle in which a 4 licensee does not obtain his or her continuing education 5 hours, he or she shall be placed or continuedcontinueon 6 probation, be fined, and be issued notice by the Department 7 that license revocation will occur if he or she does not 8 receive the continuing education hours required prior to his 9 or her next renewal. If the licensee does obtain his or her 10 continuing education hours prior to his or her next renewal, 11 he or she shall remain on probation but shall not be fined 12 pursuant to subsection (a). 13 (c) In the third consecutive 2-year cycle in which a 14 licensee does not obtain his or her continuing education 15 hours, his or her license shall be revoked. The Department 16 shall promulgate rules and regulations governing the 17 reissuance of a license that has been revoked. These rules 18 and regulations shall take into account that the licensee 19 already has been licensed and received the training necessary 20 for such a license. 21 (d) This Section shall not apply to any person who has 22 applied for a waiver of the continuing education requirements 23 under Section 3-7, 3A-6, or 3C-8 of this Act. 24 (Source: P.A. 89-706, eff. 1-31-97.) 25 Section 99. Effective date. This Act takes effect on 26 July 1, 2000.