093_HB2231eng

HB2231 Engrossed                     LRB093 08339 AMC 08558 b

 1        AN ACT concerning African hair braiding.

 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 Section 3-1 and
 6    adding Article IIIE as follows:

 7        (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
 8        (Section scheduled to be repealed on January 1, 2006)
 9        Sec.  3-1.  Cosmetology  defined.    Any   one   or   any
10    combination   of  the  following  practices  constitutes  the
11    practice of cosmetology when done for cosmetic or beautifying
12    purposes and not for the treatment of disease or of  muscular
13    or  nervous disorder: arranging, braiding (except as provided
14    under Article IIIE), dressing,  cutting,  trimming,  curling,
15    waving, chemical restructuring, shaping, singeing, bleaching,
16    coloring  or similar work, upon the hair of the head; cutting
17    or trimming facial  hair  of  any  person;  any  practice  of
18    manicuring, pedicuring, decorating nails, applying sculptured
19    nails   or   otherwise  artificial  nails  by  hand  or  with
20    mechanical or electrical apparatus or appliances, or  in  any
21    way  caring  for  the  nails or the skin of the hands or feet
22    including massaging the  hands,  arms,  elbows,  feet,  lower
23    legs,  and  knees  of  another  person  for  other  than  the
24    treatment  of medical disorders; any practice of epilation or
25    depilation of any person; any practice  for  the  purpose  of
26    cleansing,  massaging  or  toning  the  skin  of  the  scalp;
27    beautifying,  massaging,  cleansing,  exfoliating the stratum
28    corneum of the epidermis, or  stimulating  the  skin  of  the
29    human  body by the use of cosmetic preparations, antiseptics,
30    body treatments, body wraps, the use of hydrotherapy, tonics,
31    lotions or creams or any device, electrical or otherwise, for
 
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 1    the care of the skin; applying make-up or  eyelashes  to  any
 2    person, tinting eyelashes and eyebrows and lightening hair on
 3    the  body  and removing superfluous hair from the body of any
 4    person by the use of depilatories, waxing or  tweezers.   The
 5    term  "cosmetology" does not include the services provided by
 6    an electrologist.  Nail technology is the  practice  and  the
 7    study  of  cosmetology  only  to  the  extent  of manicuring,
 8    pedicuring, decorating, and applying sculptured or  otherwise
 9    artificial  nails,  or  in any way caring for the nail or the
10    skin of the hands or  feet  including  massaging  the  hands,
11    arms,  elbows,  feet,  lower legs, and knees.  Cosmetologists
12    are  prohibited  from  performing  any  procedure  that   may
13    puncture  or abrade the skin below the stratum corneum of the
14    epidermis or remove closed milia (whiteheads) which may  draw
15    blood  or  serous  body fluid.  The term cosmetology includes
16    rendering advice on what is cosmetically  appealing,  but  no
17    person licensed under this Act shall render advice on what is
18    appropriate  medical  treatment  for  diseases  of  the skin.
19    Purveyors of cosmetics may demonstrate such cosmetic products
20    in conjunction with any sales  promotion  and  shall  not  be
21    required  to  hold a license under this Act.  Nothing in this
22    Act shall be construed to prohibit the shampooing of hair  by
23    persons  employed  for that purpose and who perform that task
24    under the direct supervision of a licensed  cosmetologist  or
25    licensed cosmetology teacher.
26    (Source: P.A. 91-863, eff. 7-1-00.)

27        (225 ILCS 410/Art. IIIE heading new)
28                 ARTICLE IIIE.  HAIR BRAIDING SHOPS

29        (225 ILCS 410/3E-5 new)
30        (Section scheduled to be repealed on January 1, 2006)
31        Sec. 3E-5.  Requisites for ownership or operation of hair
32    braiding shops.
 
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 1        (a)  No  person,  firm,  partnership,  limited  liability
 2    company,  or corporation shall own or operate a hair braiding
 3    shop  without  first  applying  on  forms  provided  by   the
 4    Department  for  a  certificate  of  registration.   All hair
 5    braiding shops in operation on the  effective  date  of  this
 6    amendatory  Act  of  the 93rd General Assembly shall register
 7    with the Department within 30 days after the  effective  date
 8    of this amendatory Act of the 93rd General Assembly.
 9        (b)  The  application  for  a certificate of registration
10    under this Section shall set forth  the  name,  address,  and
11    telephone  number  of  the  hair  braiding  shop;  the  name,
12    address,   and   telephone   number   of  the  person,  firm,
13    partnership, or corporation that is to  own  or  operate  the
14    shop;  and,  if  the  shop  is  to be owned or operated by an
15    entity other than  an  individual,  the  name,  address,  and
16    telephone  number  of  the  managing  partner  or  the  chief
17    executive  officer  of  the  corporation or other entity that
18    owns or operates the shop.
19        (c)  The Department shall be notified  by  the  owner  or
20    operator of a shop that is moved to a new location.  If there
21    is  a change in the ownership or operation of a shop, the new
22    owner or operator shall report that change to the  Department
23    along  with  completion  of  any  additional requirements set
24    forth by rule.
25        (d)  If a person, firm,  partnership,  limited  liability
26    company,  or corporation owns or operates more than one shop,
27    a separate certificate of registration must be  obtained  for
28    each shop.
29        (e)  A  certificate  of  registration  granted under this
30    Section may be revoked in accordance with the  provisions  of
31    Article IV and the holder of the certificate may be otherwise
32    disciplined  by  the  Department  in  accordance  with  rules
33    adopted under this Act.
34        (f)  The  owner  or operator of a hair braiding shop must
 
HB2231 Engrossed            -4-      LRB093 08339 AMC 08558 b
 1    be a licensed cosmetologist who works on the premises of  the
 2    hair braiding shop, except as provided in subsection (h).
 3        (g)  Each  person  employed  as  a hair braider at a hair
 4    braiding  shop  must  (i)  have  completed   500   hours   of
 5    cosmetology  instruction  in the areas of health, safety, and
 6    hygiene and (ii) have passed an examination as determined  by
 7    the Department, except as provided in subsection (h).
 8        (h)  Notwithstanding  the other provisions of this Act, a
 9    person who is  not  a  licensed  cosmetologist  but,  on  the
10    effective  date  of  this  Section,  owned or operated or was
11    employed as a hair braider at a  shop  that  registers  under
12    this  Section  within  30  days after that effective date may
13    braid hair at that shop under the following conditions:
14             (1)  for a period  of  up  to  8  months  after  the
15        effective  date  of  this  Section,  while  the person is
16        engaged  in   completing   500   hours   of   cosmetology
17        instruction  in the areas of health, safety, and hygiene,
18        provided that the act of braiding is performed under  the
19        direct  supervision of a licensed cosmetologist who is on
20        the shop premises at all times to perform the application
21        of any chemicals, dyes,  or  colorings,  the  cutting  of
22        hair, and hygiene-related services; and
23             (2)  in  the  case  of  an  owner  or  operator  who
24        completes the 500 hours of cosmetology instruction in the
25        areas  of  health, safety, and hygiene within the initial
26        8-month  period  in  a   manner   satisfactory   to   the
27        Department,  then  for  an  additional period of up to 16
28        months while the owner or operator  continues  to  pursue
29        the   cosmetology  instruction  required  for  licensure,
30        provided that the act of braiding is performed under  the
31        direct  supervision  of  a  licensed cosmetologist who is
32        either on the shop  premises  or  available  on  call  to
33        perform  the  application  of  any  chemicals,  dyes,  or
34        colorings,  the  cutting  of  hair,  and  hygiene-related
 
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 1        services.
 2        To  become  eligible  to  provide  hair braiding services
 3    under this subsection (h), a person must  register  with  the
 4    Department  within  the  30  days after the effective date of
 5    this Section.  To remain eligible, a person must provide from
 6    time  to  time  such  documentation  as  the  Department  may
 7    require.
 8        (i)  The  Department  may  promulgate   rules   for   the
 9    administration  of  this Section and may establish additional
10    requirements for owning or operating a hair braiding shop.
11    (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)

12        Section 99. Effective date.  This Act takes  effect  upon
13    becoming law.