Illinois General Assembly - 225 ILCS 410/ Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985.

(225 ILCS 410/Art. IIIA heading) ARTICLE IIIA. ESTHETICIANS

(225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)

(Text of Section from P.A. 104-134)

(Section scheduled to be repealed on January 1, 2031)

Sec. 3A-1. Esthetics defined.

(A) Any one or combination of the following practices, when done for cosmetic or beautifying purposes and not for the treatment of disease or of a muscular or nervous disorder, constitutes the practice of esthetics:

1. Beautifying, massaging, cleansing, exfoliating, or

stimulating the stratum corneum of the epidermis by the use of cosmetic preparations, including superficial exfoliants, body treatments, body wraps, hydrotherapy, or any device, electrical, mechanical, or otherwise, for the care of the skin, including microdermabrasion, hydrodermabrasion, and dermaplaning;

2. Applying make-up or eyelashes to any person or

lightening or coloring hair on the body except the scalp; and

3. Removing superfluous hair from the body of any

person.

However, esthetics does not include the services provided by a cosmetologist or electrologist. Estheticians are prohibited from using techniques, products, and practices intended to affect the living layers of the skin. The term esthetics includes rendering advice on what is cosmetically appealing, but no person licensed under this Act shall render advice on what is appropriate medical treatment for diseases of the skin.

(B) "Esthetician" means any person who, with hands or mechanical or electrical apparatus or appliances, engages only in the use of cosmetic preparations, body treatments, body wraps, hydrotherapy, makeups, antiseptics, tonics, lotions, creams or other preparations or in the practice of massaging, cleansing, exfoliating the stratum corneum of the epidermis, stimulating, manipulating, beautifying, grooming, threading, or similar work on the face, neck, arms and hands or body in a superficial mode, and not for the treatment of medical disorders.

(Source: P.A. 104-134, eff. 8-1-25.)

(Text of Section from P.A. 104-153)

(Section scheduled to be repealed on January 1, 2031)

Sec. 3A-1. Esthetics defined.

(A) Any one or combination of the following practices, when done for cosmetic or beautifying purposes and not for the treatment of disease or of a muscular or nervous disorder, constitutes the practice of esthetics:

1. Beautifying, massaging, cleansing, exfoliating, or

stimulating the stratum corneum of the epidermis by the use of cosmetic preparations, body treatments, body wraps, hydrotherapy, or any device, electrical, mechanical, or otherwise, for the care of the skin except the scalp;

2. Applying make-up or eyelashes to any person or

chemical restructuring or lightening or coloring hair on the body except the scalp; and

3. Removing superfluous hair from the body of any

person.

However, esthetics does not include the services provided by a cosmetologist or electrologist. Estheticians are prohibited from using techniques, products, and practices intended to affect the living layers of the skin. The term esthetics includes rendering advice on what is cosmetically appealing, but no person licensed under this Act shall render advice on what is appropriate medical treatment for diseases of the skin.

(B) "Esthetician" means any person who, with hands or mechanical or electrical apparatus or appliances, engages only in the use of cosmetic preparations, body treatments, body wraps, hydrotherapy, makeups, antiseptics, tonics, lotions, creams or other preparations or in the practice of massaging, cleansing, exfoliating the stratum corneum of the epidermis, stimulating, manipulating, beautifying, grooming, threading, or similar work on the face, neck, arms and hands or body in a superficial mode, and not for the treatment of medical disorders.

(Source: P.A. 104-153, eff. 1-1-26.)

(225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)

(Section scheduled to be repealed on January 1, 2031)

Sec. 3A-2. Licensure as an esthetician; qualifications. A person is qualified to receive a license as a licensed esthetician if that person has applied in writing or electronically on forms provided by the Department, paid any required fees, and:

a. Is at least 16 years of age; and

b. Has a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or a person who is beyond the age of compulsory school attendance; and

c. Has graduated from a school of cosmetology or esthetics licensed by the Department, having completed a program of 750 hours in the study of esthetics extending over a period of not less than 18 weeks. Time spent in such study under the laws of another state or territory of the United States or of a foreign country or province shall be credited toward the period of study required by the provisions of this paragraph; and

d. Has passed an examination authorized by the Department to determine fitness to receive a license as a licensed esthetician; and

e. Has met any other requirements of this Act and rules.

(Source: P.A. 104-153, eff. 1-1-26.)

(225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)

(Section scheduled to be repealed on January 1, 2031)

Sec. 3A-3. Licensure as an esthetics teacher; qualifications.

(a) A person is qualified to receive a license as an esthetics teacher if that person has applied in writing or electronically on forms supplied by the Department, paid the required fees, and:

(1) is at least 18 years of age;

(2) has graduated from high school or its equivalent;

(3) has a current license as a licensed cosmetologist

or esthetician;

(4) has either: (i) completed a program of 500 hours

of teacher training in a licensed school of cosmetology or a licensed esthetics school and had 2 years of practical experience as a licensed cosmetologist or esthetician within 5 years preceding the examination; or (ii) completed a program of 750 hours of teacher training in a licensed school of cosmetology approved by the Department to teach esthetics or a licensed esthetics school;

(5) has passed an examination authorized by the

Department to determine eligibility to receive a license as a licensed cosmetology or esthetics teacher;

(6) (blank); and

(7) has met any other requirements as required by

this Act and any rules.

(b) (Blank).

(c) An applicant who is issued a license as an esthetics teacher is not required to maintain an esthetics license in order to practice as an esthetician as defined in this Act.

(Source: P.A. 104-153, eff. 1-1-26.)

(225 ILCS 410/3A-4) (from Ch. 111, par. 1703A-4)

Sec. 3A-4. (Repealed).

(Source: P.A. 85-1302. Repealed by P.A. 89-387, eff. 1-1-96.)

(225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)

(Section scheduled to be repealed on January 1, 2031)

Sec. 3A-5. Examination.

(a) The Department shall authorize examinations of applicants for a license as an esthetician or teacher of esthetics at such times and places as it may determine. Upon request, the examinations shall be administered in Spanish and any other language as may be determined by the Department to be necessary pursuant to the Language Equity and Access Act. The Department shall authorize no fewer than 4 examinations for a license as an esthetician or a teacher of esthetics in a calendar year. An applicant for licensure as an esthetician who has completed 600 hours in the study of esthetics may take the examination.

If an applicant neglects, fails without an approved excuse, or refuses to take the next available examination offered for licensure under this Act, the fee paid by the applicant shall be forfeited to the Department and the application denied. If an applicant fails to pass an examination for licensure under this Act within 3 years after filing his or her application, the application shall be denied. However, such applicant may thereafter make a new application for examination, accompanied by the required fee, if he or she meets the requirements in effect at the time of reapplication. If an applicant for licensure as an esthetician is unsuccessful at 3 examinations conducted by the Department, the applicant shall, before taking a subsequent examination, furnish evidence of not less than 50 hours of additional study of esthetics in a licensed school of cosmetology or esthetics since the applicant last took the examination. If an applicant for licensure as an esthetics teacher is unsuccessful at 3 examinations conducted by the Department, the applicant shall, before taking a subsequent examination, furnish evidence of not less than 50 hours of additional study in teaching methodology and educational psychology in a licensed school of cosmetology or esthetics since the applicant last took the examination. The requirements for remedial training set forth in this Section may be waived in whole or in part by the Department upon proof to the Department that the applicant has demonstrated competence to again sit for the examination or if the Department otherwise determines a waiver is appropriate. The Department shall adopt rules establishing the standards by which this determination shall be made.

(b) Each applicant shall be given a written examination testing both theoretical and practical knowledge which shall include, but not be limited to, questions that determine the applicant's knowledge, as provided by rule.

(c) The examination of applicants for licensure as an esthetics teacher may include:

(1) teaching methodology;

(2) classroom management; and

(3) record keeping and any other subjects that the

Department may deem necessary to ensure competent performance.

(d) (Blank).

(Source: P.A. 104-153, eff. 1-1-26.)

(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)

(Section scheduled to be repealed on January 1, 2031)

Sec. 3A-6. Licensure; renewal; continuing education; examination; military service. The holder of a license issued under this Article may renew such license during the month preceding the expiration date thereof by paying the required fee, giving evidence the Department may prescribe of completing not less than 10 hours for estheticians, and not less than 20 hours of continuing education for esthetics teachers, within the 2 years prior to renewal. The training shall be in subjects approved by the Department as prescribed by rule upon recommendation of the Board.

For the initial renewal of an esthetician's license which requires continuing education, as prescribed by rule, one hour of the continuing education shall include domestic violence and sexual assault awareness education as prescribed by rule of the Department. For every subsequent renewal of an esthetician's license, one hour of the continuing education may include domestic violence and sexual assault awareness education as prescribed by rule of the Department. The one-hour domestic violence and sexual assault awareness continuing education course shall be provided by a continuing education provider approved by the Department, except that completion from March 12, 2016 to March 15, 2016 of a one-hour domestic violence and sexual assault awareness course from a domestic violence and sexual assault awareness organization shall satisfy this requirement.

The Department may prescribe rules regarding the requirements for domestic violence and sexual assault awareness continuing education courses and teachers.

The Department shall establish by rule methods for verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by continuing education sponsors and licensees, by requiring the filing of continuing education certificates with the Department, by accepting attestations of completion of continuing education from licensees, or by any other means established by the Department.

The Department, in its discretion, may waive enforcement of the continuing education requirement in this Section, including the domestic violence and sexual assault awareness education requirement, and shall adopt rules defining the standards and criteria for such waiver, under the following circumstances:

(1) the licensee resides in a locality where it is

demonstrated that the absence of opportunities for such education would interfere with the ability of the licensee to provide service to the public;

(2) the licensee's compliance with the continuing

education requirements would cause a substantial financial hardship on the licensee;

(3) the licensee is serving in the United States

Armed Forces;

(4) the licensee is incapacitated due to illness;

(5) that the licensee has been caring for an ill or

disabled family member; or

(6) other circumstances as provided by rule.

(Source: P.A. 104-153, eff. 1-1-26.)

(225 ILCS 410/3A-7)

Sec. 3A-7. (Repealed).

(Source: P.A. 98-911, eff. 1-1-15. Repealed by P.A. 99-427, eff. 8-21-15.)

(225 ILCS 410/3A-8)

(Section scheduled to be repealed on January 1, 2031)

Sec. 3A-8. Inactive status. Any esthetician or esthetician teacher who notifies the Department in writing or electronically on forms prescribed by the Department may elect to place a license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until that person notifies the Department in writing of the person's desire to resume active status.

Any esthetician or esthetician teacher requesting restoration from inactive status shall be required to pay the current renewal fee and to qualify for the restoration of the license, subject to rules of the Department. A license shall not be restored from inactive status unless the esthetician or esthetician teacher requesting the restoration completes the number of hours of continuing education required for renewal of a license under Section 3A-6.

Any esthetician or esthetician teacher whose license is in inactive status shall not practice in the State of Illinois.

(Source: P.A. 104-153, eff. 1-1-26.)