Rep. Frances Ann Hurley

Filed: 10/22/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4264

2    AMENDMENT NO. ______. Amend House Bill 4264 by replacing
3everything after the enacting clause with the following:
 
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 is required to
11undergo domestic violence and sexual assault awareness
12education as a part of his or her continuing education, or his
13or her employer, shall not be civilly or criminally liable for
14acting in good faith or failing to act on information obtained
15during the course of employment concerning potential domestic
16violence or sexual assault.
 

 

 

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1    (225 ILCS 410/3-7)  (from Ch. 111, par. 1703-7)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 3-7. Licensure; renewal; continuing education. The
4holder of a license issued under this Article III may renew
5that license during the month preceding the expiration date
6thereof by paying the required fee, giving such evidence as the
7Department may prescribe of completing not less than 14 hours
8of continuing education for a cosmetologist, and 24 hours of
9continuing education for a cosmetology teacher or cosmetology
10clinic teacher, within the 2 years prior to renewal. The
11training shall be in subjects approved by the Department as
12prescribed by rule upon recommendation of the Board and may
13include online instruction. For the initial renewal of a
14cosmetologist's license which requires continuing education,
15as prescribed by rule, one hour of the continuing education
16shall include domestic violence and sexual assault awareness
17education as prescribed by rule of the Department, effective as
18of the date of this amendatory Act of the 99th General
19Assembly. For every subsequent renewal of a cosmetologist's
20license, one hour of the continuing education may include
21domestic violence and sexual assault awareness education.
22    The Department shall establish by rule a means for the
23verification of completion of the continuing education
24required by this Section. This verification may be accomplished
25through audits of records maintained by registrants, by

 

 

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

 

 

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1preceding the expiration date thereof by paying the required
2fee, giving evidence the Department may prescribe of completing
3not less than 10 hours for estheticians, and not less than 20
4hours of continuing education for esthetics teachers, within
5the 2 years prior to renewal. The training shall be in
6subjects, approved by the Department as prescribed by rule upon
7recommendation of the Board. For the initial renewal of an
8esthetician's license which requires continuing education, as
9prescribed by rule, one hour of the continuing education shall
10include domestic violence and sexual assault awareness
11education as prescribed by rule of the Department, effective as
12of the date of this amendatory Act of the 99th General
13Assembly. For every subsequent renewal of an esthetician's
14license, one hour of the continuing education may include
15domestic violence and sexual assault awareness education.
16    The Department, in its discretion, may waive enforcement of
17the continuing education requirement in this Section,
18including the domestic violence and sexual assault awareness
19education requirement, and shall adopt rules defining the
20standards and criteria for such waiver, under the following
21circumstances:
22        (1) the licensee resides in a locality where it is
23    demonstrated that the absence of opportunities for such
24    education would interfere with the ability of the licensee
25    to provide service to the public;
26        (2) the licensee's compliance with the continuing

 

 

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1    education requirements would cause a substantial financial
2    hardship on the licensee;
3        (3) the licensee is serving in the United States Armed
4    Forces; or
5        (4) the licensee is incapacitated due to illness.
6(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
7    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 3C-8. License renewal; expiration; continuing
10education; persons in military service. The holder of a license
11issued under this Article may renew that license during the
12month preceding the expiration date of the license by paying
13the required fee and giving evidence, as the Department may
14prescribe, of completing not less than 10 hours of continuing
15education for a nail technician and 20 hours of continuing
16education for a nail technology teacher, within the 2 years
17prior to renewal. The continuing education shall be in subjects
18approved by the Department upon recommendation of the Barber,
19Cosmetology, Esthetics, Hair Braiding, and Nail Technology
20Board relating to the practice of nail technology, including,
21but not limited to, review of sanitary procedures, review of
22chemical service procedures, review of this Act, and review of
23the Workers' Compensation Act. However, at least 10 of the
24hours of continuing education required for a nail technology
25teacher shall be in subjects relating to teaching methodology,

 

 

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1educational psychology, and classroom management or in other
2subjects related to teaching. For the initial renewal of a nail
3technician's license which requires continuing education, as
4prescribed by rule, one hour of the continuing education shall
5include domestic violence and sexual assault awareness
6education as prescribed by rule of the Department, effective as
7of the date of this amendatory Act of the 99th General
8Assembly. For every subsequent renewal of a nail technician's
9license, one hour of the continuing education may include
10domestic violence and sexual assault awareness education.
11    The Department, in its discretion, may waive enforcement of
12the continuing education requirement in this Section,
13including the domestic violence and sexual assault awareness
14education requirement, and shall adopt rules defining the
15standards and criteria for such waiver, under the following
16circumstances:
17        (a) the licensee resides in a locality where it is
18    demonstrated that the absence of opportunities for such
19    education would interfere with the ability of the licensee
20    to provide service to the public;
21        (b) the licensee's compliance with the continuing
22    education requirements would cause a substantial financial
23    hardship on the licensee;
24        (c) the licensee is serving in the United States Armed
25    Forces; or
26        (d) the licensee is incapacitated due to illness.

 

 

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1(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
2    (225 ILCS 410/3E-5)
3    (Section scheduled to be repealed on January 1, 2026)
4    Sec. 3E-5. License renewal. To renew a license issued under
5this Article, an individual must produce proof of successful
6completion of 10 hours of continuing education for a hair
7braider license and 20 hours of continuing education for a hair
8braiding teacher license. For the initial renewal of a hair
9braider's license which requires continuing education, as
10prescribed by rule, one hour of the continuing education shall
11include domestic violence and sexual assault awareness
12education as prescribed by rule of the Department, effective as
13of the date of this amendatory Act of the 99th General
14Assembly. For every subsequent renewal of a hair braider's
15license, one hour of the continuing education may include
16domestic violence and sexual assault awareness education.
17(Source: P.A. 99-427, eff. 8-21-15.)".