HB4264 EnrolledLRB099 13320 MLM 37237 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by adding
6Section 1-13 and by changing Sections 3-7, 3A-6, 3C-8, and 3E-5
7as follows:
 
8    (225 ILCS 410/1-13 new)
9    Sec. 1-13. Liability; domestic violence and sexual
10assault. A person licensed under this Act who completes
11domestic violence and sexual assault awareness education as a
12part of his or her continuing education, or his or her
13employer, shall not be civilly or criminally liable for acting
14in good faith or failing to act on information obtained during
15the course of employment concerning potential domestic
16violence or sexual assault.
 
17    (225 ILCS 410/3-7)  (from Ch. 111, par. 1703-7)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 3-7. Licensure; renewal; continuing education. The
20holder of a license issued under this Article III may renew
21that license during the month preceding the expiration date
22thereof by paying the required fee, giving such evidence as the

 

 

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1Department may prescribe of completing not less than 14 hours
2of continuing education for a cosmetologist, and 24 hours of
3continuing education for a cosmetology teacher or cosmetology
4clinic teacher, within the 2 years prior to renewal. The
5training shall be in subjects approved by the Department as
6prescribed by rule upon recommendation of the Board and may
7include online instruction.
8    For the initial renewal of a cosmetologist's license which
9requires continuing education, as prescribed by rule, one hour
10of the continuing education shall include domestic violence and
11sexual assault awareness education as prescribed by rule of the
12Department. For every subsequent renewal of a cosmetologist's
13license, one hour of the continuing education may include
14domestic violence and sexual assault awareness education as
15prescribed by rule of the Department. The one-hour domestic
16violence and sexual assault awareness continuing education
17course shall be provided by a continuing education provider
18approved by the Department, except that completion from March
1912, 2016 to March 15, 2016 of a one-hour domestic violence and
20sexual assault awareness course from a domestic violence and
21sexual assault awareness organization shall satisfy this
22requirement.
23    The Department may prescribe rules regarding the
24requirements for domestic violence and sexual assault
25awareness continuing education courses and teachers.
26    The Department shall establish by rule a means for the

 

 

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1verification of completion of the continuing education
2required by this Section. This verification may be accomplished
3through audits of records maintained by registrants, by
4requiring the filing of continuing education certificates with
5the Department, or by other means established by the
6Department.
7    The Department, in its discretion, may waive enforcement of
8the continuing education requirement in this Section,
9including the domestic violence and sexual assault awareness
10education requirement, and shall adopt rules defining the
11standards and criteria for that waiver under the following
12circumstances:
13        (a) the licensee resides in a locality where it is
14    demonstrated that the absence of opportunities for such
15    education would interfere with the ability of the licensee
16    to provide service to the public;
17        (b) that to comply with the continuing education
18    requirements would cause a substantial financial hardship
19    on the licensee;
20        (c) that the licensee is serving in the United States
21    Armed Forces; or
22        (d) that the licensee is incapacitated due to illness.
23(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
24    (225 ILCS 410/3A-6)  (from Ch. 111, par. 1703A-6)
25    (Section scheduled to be repealed on January 1, 2026)

 

 

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1    Sec. 3A-6. Licensure; renewal; continuing education;
2examination; military service. The holder of a license issued
3under this Article may renew such license during the month
4preceding the expiration date thereof by paying the required
5fee, giving evidence the Department may prescribe of completing
6not less than 10 hours for estheticians, and not less than 20
7hours of continuing education for esthetics teachers, within
8the 2 years prior to renewal. The training shall be in
9subjects, approved by the Department as prescribed by rule upon
10recommendation of the Board.
11    For the initial renewal of an esthetician's license which
12requires continuing education, as prescribed by rule, one hour
13of the continuing education shall include domestic violence and
14sexual assault awareness education as prescribed by rule of the
15Department. For every subsequent renewal of an esthetician's
16license, one hour of the continuing education may include
17domestic violence and sexual assault awareness education as
18prescribed by rule of the Department. The one-hour domestic
19violence and sexual assault awareness continuing education
20course shall be provided by a continuing education provider
21approved by the Department, except that completion from March
2212, 2016 to March 15, 2016 of a one-hour domestic violence and
23sexual assault awareness course from a domestic violence and
24sexual assault awareness organization shall satisfy this
25requirement.
26    The Department may prescribe rules regarding the

 

 

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1requirements for domestic violence and sexual assault
2awareness continuing education courses and teachers.
3    The Department, in its discretion, may waive enforcement of
4the continuing education requirement in this Section,
5including the domestic violence and sexual assault awareness
6education requirement, and shall adopt rules defining the
7standards and criteria for such waiver, under the following
8circumstances:
9        (1) the licensee resides in a locality where it is
10    demonstrated that the absence of opportunities for such
11    education would interfere with the ability of the licensee
12    to provide service to the public;
13        (2) the licensee's compliance with the continuing
14    education requirements would cause a substantial financial
15    hardship on the licensee;
16        (3) the licensee is serving in the United States Armed
17    Forces; or
18        (4) the licensee is incapacitated due to illness.
19(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
20    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 3C-8. License renewal; expiration; continuing
23education; persons in military service. The holder of a license
24issued under this Article may renew that license during the
25month preceding the expiration date of the license by paying

 

 

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1the required fee and giving evidence, as the Department may
2prescribe, of completing not less than 10 hours of continuing
3education for a nail technician and 20 hours of continuing
4education for a nail technology teacher, within the 2 years
5prior to renewal. The continuing education shall be in subjects
6approved by the Department upon recommendation of the Barber,
7Cosmetology, Esthetics, Hair Braiding, and Nail Technology
8Board relating to the practice of nail technology, including,
9but not limited to, review of sanitary procedures, review of
10chemical service procedures, review of this Act, and review of
11the Workers' Compensation Act. However, at least 10 of the
12hours of continuing education required for a nail technology
13teacher shall be in subjects relating to teaching methodology,
14educational psychology, and classroom management or in other
15subjects related to teaching.
16    For the initial renewal of a nail technician's license
17which requires continuing education, as prescribed by rule, one
18hour of the continuing education shall include domestic
19violence and sexual assault awareness education as prescribed
20by rule of the Department. For every subsequent renewal of a
21nail technician's license, one hour of the continuing education
22may include domestic violence and sexual assault awareness
23education as prescribed by rule of the Department. The one-hour
24domestic violence and sexual assault awareness continuing
25education course shall be provided by a continuing education
26provider approved by the Department, except that completion

 

 

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1from March 12, 2016 to March 15, 2016 of a one-hour domestic
2violence and sexual assault awareness course from a domestic
3violence and sexual assault awareness organization shall
4satisfy this requirement.
5    The Department may prescribe rules regarding the
6requirements for domestic violence and sexual assault
7awareness continuing education courses and teachers.
8    The Department, in its discretion, may waive enforcement of
9the continuing education requirement in this Section,
10including the domestic violence and sexual assault awareness
11education requirement, and shall adopt rules defining the
12standards and criteria for such waiver, under the following
13circumstances:
14        (a) the licensee resides in a locality where it is
15    demonstrated that the absence of opportunities for such
16    education would interfere with the ability of the licensee
17    to provide service to the public;
18        (b) the licensee's compliance with the continuing
19    education requirements would cause a substantial financial
20    hardship on the licensee;
21        (c) the licensee is serving in the United States Armed
22    Forces; or
23        (d) the licensee is incapacitated due to illness.
24(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
25    (225 ILCS 410/3E-5)

 

 

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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 3E-5. License renewal. To renew a license issued under
3this Article, an individual must produce proof of successful
4completion of 10 hours of continuing education for a hair
5braider license and 20 hours of continuing education for a hair
6braiding teacher license.
7    For the initial renewal of a hair braider's license which
8requires continuing education, as prescribed by rule, one hour
9of the continuing education shall include domestic violence and
10sexual assault awareness education as prescribed by rule of the
11Department. For every subsequent renewal of a hair braider's
12license, one hour of the continuing education may include
13domestic violence and sexual assault awareness education as
14prescribed by rule of the Department. The one-hour domestic
15violence and sexual assault awareness continuing education
16course shall be provided by a continuing education provider
17approved by the Department, except that completion from March
1812, 2016 to March 15, 2016 of a one-hour domestic violence and
19sexual assault awareness course from a domestic violence and
20sexual assault awareness organization shall satisfy this
21requirement.
22    The Department may prescribe rules regarding the
23requirements for domestic violence and sexual assault
24awareness continuing education courses and teachers.
25(Source: P.A. 99-427, eff. 8-21-15.)