093_HB0350

 
                                     LRB093 03776 AMC 03811 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  Regulatory  Sunset  Act  is amended by
 5    changing Section 4.16 as follows:

 6        (5 ILCS 80/4.16)
 7        Sec. 4.16. Acts repealed January 1, 2006.  The  following
 8    Acts are repealed January 1, 2006:
 9        The Respiratory Care Practice Act.
10        The Hearing Instrument Consumer Protection Act.
11        The Illinois Dental Practice Act.
12        The Professional Geologist Licensing Act.
13        The Illinois Athletic Trainers Practice Act.
14        The  Barber, Cosmetology, Esthetics, and Nail Technology,
15    and African Hair Braiding Act of 1985.
16        The Collection Agency Act.
17        The Illinois Roofing Industry Licensing Act.
18        The Illinois Physical Therapy Act.
19    (Source: P.A.  89-33,  eff.  1-1-96;  89-72,  eff.  12-31-95;
20    89-80,  eff.  6-30-95;  89-116,  eff.  7-7-95;  89-366,  eff.
21    7-1-96; 89-387, eff. 8-20-95; 89-626, eff. 8-9-96.)

22        Section 10.  The Barber, Cosmetology, Esthetics, and Nail
23    Technology  Act  of 1985 is amended by changing Sections 1-1,
24    1-7, 1-7.5, 1-10, 3D-5, 4-1, 4-2, 4-4, 4-9,  4-19,  and  4-20
25    and  the  Article  IIID  heading  and  adding Article IIIE as
26    follows:

27        (225 ILCS 410/1-1) (from Ch. 111, par. 1701-1)
28        (Section scheduled to be repealed on January 1, 2006)
29        Sec. 1-1. Short title Title of Act. This Act may be cited
 
                            -2-      LRB093 03776 AMC 03811 b
 1    as the Barber, Cosmetology, Esthetics, and  Nail  Technology,
 2    and African Hair Braiding Act of 1985.
 3    (Source: P.A. 86-1475; 87-786.)

 4        (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
 5        (Section scheduled to be repealed on January 1, 2006)
 6        Sec. 1-7.  Licensure required.
 7        (a)  It  is  unlawful  for  any person to practice, or to
 8    hold  himself  or  herself  out  to   be   a   cosmetologist,
 9    esthetician, nail technician, African hair braider, or barber
10    without  a  license  as  a  cosmetologist,  esthetician, nail
11    technician, African hair braider, or  barber  issued  by  the
12    Department   of   Professional  Regulation  pursuant  to  the
13    provisions of this Act and of the Civil  Administrative  Code
14    of  Illinois.   It  is  also  unlawful  for any person, firm,
15    partnership, or corporation to own,  operate,  or  conduct  a
16    cosmetology,   esthetics,   nail   technology,  African  hair
17    braider, or barber school without a  license  issued  by  the
18    Department  or to own or operate a cosmetology, esthetics, or
19    nail technology salon, African hair braiding shop, or  barber
20    shop  without  a  certificate  of  registration issued by the
21    Department.  It is further unlawful for any person  to  teach
22    in  any  cosmetology,  esthetics,  nail technology, or barber
23    college or school approved by the Department or hold  himself
24    or  herself out as a cosmetology, esthetics, nail technology,
25    or barber teacher without a license as a teacher,  issued  by
26    the  Department  or  as  a  cosmetology,  esthetics,  or nail
27    technology clinic teacher  without  a  license  as  a  clinic
28    teacher issued by the Department.
29        (b)  Notwithstanding  any  other provision of this Act, a
30    person licensed as a cosmetologist or barber may hold himself
31    or herself out as  an  esthetician  and  may  engage  in  the
32    practice  of esthetics, as defined in this Act, without being
33    licensed  as  an  esthetician.   A  person  licensed   as   a
 
                            -3-      LRB093 03776 AMC 03811 b
 1    cosmetology  teacher or barber teacher may teach esthetics or
 2    hold himself or herself out as an esthetics  teacher  without
 3    being licensed as an esthetics teacher.  A person licensed as
 4    a  cosmetologist  may  hold  himself or herself out as a nail
 5    technician and may engage in the practice of nail technology,
 6    as defined in this Act, without  being  licensed  as  a  nail
 7    technician.   A  person licensed as a cosmetology teacher may
 8    teach nail technology and hold himself or herself  out  as  a
 9    nail  technology  teacher  without  being  licensed as a nail
10    technology teacher.
11        (c)  A person licensed  as  a  barber  teacher  may  hold
12    himself or herself out as a barber and may practice barbering
13    without  a  license  as  a  barber.   A  person licensed as a
14    cosmetology teacher may hold himself  or  herself  out  as  a
15    cosmetologist,  esthetician,  and  nail  technologist and may
16    practice cosmetology, esthetics, and nail technology  without
17    a   license   as   a   cosmetologist,  esthetician,  or  nail
18    technologist.  A person licensed as an esthetics teacher  may
19    hold  himself  or herself out as an esthetician without being
20    licensed as an esthetician  and  may  practice  esthetics.  A
21    person  licensed  as  a  nail technician teacher may practice
22    nail technology and may hold himself or herself out as a nail
23    technologist without being licensed as a nail technologist.
24        (d)  The changes to this Section made by this  amendatory
25    Act  of  the 93rd General Assembly apply on and after October
26    1, 2003.
27    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

28        (225 ILCS 410/1-7.5)
29        (Section scheduled to be repealed on January 1, 2006)
30        Sec.  1-7.5.  Unlicensed   practice;   violation;   civil
31    penalty.
32        (a)  Any   person  who  practices,  offers  to  practice,
33    attempts to practice, or holds  himself  or  herself  out  to
 
                            -4-      LRB093 03776 AMC 03811 b
 1    practice   barbering,   cosmetology,   esthetics,   or   nail
 2    technology,  or  African hair braiding without being licensed
 3    under this Act  shall,  in  addition  to  any  other  penalty
 4    provided  by law, pay a civil penalty to the Department in an
 5    amount not to exceed $5,000 for each offense as determined by
 6    the Department.  The civil penalty shall be assessed  by  the
 7    Department  after  a  hearing  is held in accordance with the
 8    provisions set forth in this  Act  regarding  disciplining  a
 9    licensee.
10        (b)  The  Department  has  the  authority  and  power  to
11    investigate any and all unlicensed activity.
12        (c)  The civil penalty shall be paid within 60 days after
13    the  effective  date of the order imposing the civil penalty.
14    The order shall constitute a judgment and may  be  filed  and
15    execution had thereon in the same manner as any judgment from
16    any court of record.
17        (d)  The  changes to this Section made by this amendatory
18    Act of the 93rd General Assembly apply on and  after  October
19    1, 2003.
20    (Source: P.A. 89-387, eff. 1-1-96.)

21        (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
22        (Section scheduled to be repealed on January 1, 2006)
23        Sec.  1-10.   Display.   Every  holder of a license shall
24    display it in a place in the holder's principal office, place
25    of business or place of  employment.    Whenever  a  licensed
26    cosmetologist,  esthetician,  nail  technician,  African hair
27    braider, or barber  practices  cosmetology,  esthetics,  nail
28    technology, African hair braiding, or barbering outside of or
29    away    from   the   cosmetologist's,   esthetician's,   nail
30    technician's, African hair braider's, or  barber's  principal
31    office,  place  of  business,  or  place  of  employment, the
32    cosmetologist, esthetician,  nail  technician,  African  hair
33    braider,  or  barber  shall  deliver  to each person served a
 
                            -5-      LRB093 03776 AMC 03811 b
 1    certificate of identification in  a  form  specified  by  the
 2    Department.
 3        Every  registered  shop  shall display its certificate of
 4    registration at the location of the shop.   Each  shop  where
 5    barber,   cosmetology,  esthetics,  or  nail  technology,  or
 6    African hair braiding services  are  provided  shall  have  a
 7    certificate of registration.
 8        The  changes  to this Section made by this amendatory Act
 9    of the 93rd General Assembly apply on and  after  October  1,
10    2003.
11    (Source: P.A. 89-387, eff. 1-1-96.)

12        (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
13        (Section scheduled to be repealed on January 1, 2006)
14        Sec.   3-1.   Cosmetology   defined.    Any  one  or  any
15    combination  of  the  following  practices  constitutes   the
16    practice of cosmetology when done for cosmetic or beautifying
17    purposes  and not for the treatment of disease or of muscular
18    or nervous disorder: arranging, braiding, dressing,  cutting,
19    trimming,  curling,  waving, chemical restructuring, shaping,
20    singeing, bleaching, coloring or similar work, upon the  hair
21    of  the  head; cutting or trimming facial hair of any person;
22    any practice of  manicuring,  pedicuring,  decorating  nails,
23    applying  sculptured  nails  or otherwise artificial nails by
24    hand  or  with  mechanical   or   electrical   apparatus   or
25    appliances, or in any way caring for the nails or the skin of
26    the  hands  or  feet  including  massaging  the  hands, arms,
27    elbows, feet, lower legs, and knees  of  another  person  for
28    other  than  the treatment of medical disorders; any practice
29    of epilation or depilation of any person;  any  practice  for
30    the purpose of cleansing, massaging or toning the skin of the
31    scalp;  beautifying,  massaging,  cleansing,  exfoliating the
32    stratum corneum of the epidermis, or stimulating the skin  of
33    the   human   body  by  the  use  of  cosmetic  preparations,
 
                            -6-      LRB093 03776 AMC 03811 b
 1    antiseptics,  body  treatments,  body  wraps,  the   use   of
 2    hydrotherapy,  tonics,  lotions  or  creams  or  any  device,
 3    electrical  or  otherwise, for the care of the skin; applying
 4    make-up or eyelashes to any  person,  tinting  eyelashes  and
 5    eyebrows  and  lightening  hair  on  the  body  and  removing
 6    superfluous  hair  from  the body of any person by the use of
 7    depilatories, waxing or  tweezers.   The  term  "cosmetology"
 8    does  not  include the services provided by an electrologist.
 9    Nail technology is the practice and the study of  cosmetology
10    only to the extent of manicuring, pedicuring, decorating, and
11    applying  sculptured or otherwise artificial nails, or in any
12    way caring for the nail or the skin  of  the  hands  or  feet
13    including  massaging  the  hands,  arms,  elbows, feet, lower
14    legs,  and  knees.    Cosmetologists  are   prohibited   from
15    performing any procedure that may puncture or abrade the skin
16    below  the  stratum corneum of the epidermis or remove closed
17    milia (whiteheads) which may draw blood or serous body fluid.
18    The term cosmetology includes rendering  advice  on  what  is
19    cosmetically appealing, but no person licensed under this Act
20    shall  render advice on what is appropriate medical treatment
21    for  diseases  of  the  skin.   Purveyors  of  cosmetics  may
22    demonstrate such cosmetic products in  conjunction  with  any
23    sales  promotion  and shall not be required to hold a license
24    under this Act.  Nothing in this Act shall  be  construed  to
25    prohibit  the shampooing of hair by persons employed for that
26    purpose  and  who  perform  that  task   under   the   direct
27    supervision   of   a   licensed   cosmetologist  or  licensed
28    cosmetology teacher.  The practice of  cosmetology  does  not
29    include  the  practice of African hair braiding as defined in
30    Article IIIE of this Act.
31    (Source: P.A. 91-863, eff. 7-1-00.)

32        (225 ILCS 410/Art. IIID heading)
33       ARTICLE IIID.  COSMETOLOGY, ESTHETICS, NAIL TECHNOLOGY
 
                            -7-      LRB093 03776 AMC 03811 b
 1                SALONS, AFRICAN HAIR BRAIDING SHOPS,
 2                          AND BARBER SHOPS

 3        (225 ILCS 410/3D-5)
 4        (Section scheduled to be repealed on January 1, 2006)
 5        Sec. 3D-5.  Requisites  for  ownership  or  operation  of
 6    cosmetology,  esthetics,  and nail technology salons, African
 7    hair braiding shops, and barber shops.
 8        (a)  No  person,  firm,  partnership,  limited  liability
 9    company, or corporation shall own or operate  a  cosmetology,
10    esthetics,  or  nail  technology salon, African hair braiding
11    shop, or barber shop without first applying on forms provided
12    by the Department for a certificate of registration.
13        (b)  The application for a  certificate  of  registration
14    under  this  Section  shall  set forth the name, address, and
15    telephone number of the proposed cosmetology,  esthetics,  or
16    nail  technology salon, African hair braiding shop, or barber
17    shop; the name, address, and telephone number of the  person,
18    firm,  partnership,  or corporation that is to own or operate
19    the salon or shop; and, if the salon or shop is to  be  owned
20    or  operated by an entity other than an individual, the name,
21    address, and telephone number of the managing partner or  the
22    chief  executive  officer  of the corporation or other entity
23    that owns or operates the salon or shop.
24        (c)  The Department shall be notified  by  the  owner  or
25    operator  of a salon or shop that is moved to a new location.
26    If there is a change in the ownership or operation of a salon
27    or shop, the new owner or operator shall report  that  change
28    to  the  Department  along  with completion of any additional
29    requirements set forth by rule.
30        (d)  If a person, firm,  partnership,  limited  liability
31    company,  or  corporation owns or operates more than one shop
32    or salon, a separate  certificate  of  registration  must  be
33    obtained for each salon or shop.
 
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 1        (e)  A  certificate  of  registration  granted under this
 2    Section may be revoked in accordance with the  provisions  of
 3    Article IV and the holder of the certificate may be otherwise
 4    disciplined  by  the  Department  in  accordance  with  rules
 5    adopted under this Act.
 6        (f)  The  Department  may  promulgate  rules to establish
 7    additional requirements for owning or operating  a  salon  or
 8    shop.
 9    (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)

10        (225 ILCS 410/Art. IIIE heading new)
11                ARTICLE IIIE.  AFRICAN HAIR BRAIDERS

12        (225 ILCS 410/3E-5 new)
13        (Section scheduled to be repealed on January 1, 2006)
14        Sec.  3E-5.  African  hair  braiding defined.  Any one or
15    any combination of the following  practices  constitutes  the
16    practice  of  African hair braiding:  To braid, weave, twist,
17    style, trim, arrange, dress, curl, wave,  straighten,  singe,
18    chemically  restructure,  bleach,  tint,  color, or similarly
19    work upon the  hair  of  any  person  with  African  cultural
20    emphasis.  Nothing in this Act shall be construed to prohibit
21    the  shampooing  of hair by persons employed for that purpose
22    and who perform the shampooing under the  direct  supervision
23    of a licensed African hair braider.

24        (225 ILCS 410/3E-10 new)
25        (Section scheduled to be repealed on January 1, 2006)
26        Sec.  3E-10.  Qualifications  for licensure as an African
27    hair braider.  A person is qualified to receive a license  as
28    an African hair braider if that person has applied in writing
29    on  forms prescribed by the Department, has paid the required
30    fees, and meets all of the following qualifications:
31             (1)  Is at least 16 years of age.
 
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 1             (2)  Has a certificate of graduation from  a  school
 2        providing   secondary   education   or   the   recognized
 3        equivalent  of such a certificate or is beyond the age of
 4        compulsory school attendance.
 5             (3)  Has graduated from a  school  of  African  hair
 6        braiding  approved  by  the Department after consultation
 7        with  the  African  Hair  Braiders  Association,   having
 8        completed  a  total of 1500 hours in the study of African
 9        hair braiding extending over a period of not less than  9
10        months  nor  more than 3 years.  A school of African hair
11        braiding authorized by this Section may, consistent  with
12        the  rules  of  the Department, accept up to 500 hours of
13        cosmetology school training at a  recognized  cosmetology
14        school toward the 1500 hours required under this Section.
15        Time  spent in such study under the laws of another state
16        or territory of the United States or of a foreign country
17        or province shall be credited toward the period of  study
18        required under this Section.
19             (4)  Has  passed  an  examination  conducted  by the
20        Department or its designated testing service to determine
21        fitness to receive a license as a African hair braider.
22             (5)  Has met all of the other requirements  of  this
23        Act.

24        (225 ILCS 410/3E-15 new)
25        (Section scheduled to be repealed on January 1, 2006)
26        Sec.   3E-15.  Grandfathering.    If   an  applicant  for
27    licensure as an African hair braider  applies  on  or  before
28    October  1,  2003,  the Department shall accept a verified 10
29    years of African hair braiding experience, which may  include
30    cosmetology  experience,  before  July 1, 2003 in lieu of the
31    requirements in items (3) and (4) of Section  3E-10  of  this
32    Act.
 
                            -10-     LRB093 03776 AMC 03811 b
 1        (225 ILCS 410/3E-20 new)
 2        (Section scheduled to be repealed on January 1, 2006)
 3        Sec.  3E-20.  Application  of Article.  This Article does
 4    not prohibit a person licensed under  any  other  Article  of
 5    this Act from engaging in the practice for which he or she is
 6    licensed.

 7        (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
 8        (Section scheduled to be repealed on January 1, 2006)
 9        Sec.   4-1.   Powers   and  duties  of  Department.   The
10    Department shall exercise, subject to the provisions of  this
11    Act, the following functions, powers and duties:
12        (1)  To  cause  to be conducted examinations to ascertain
13    the qualifications and fitness of applicants for licensure as
14    cosmetologists, estheticians, nail technicians, African  hair
15    braiders,  or  barbers  and  as  cosmetology, esthetics, nail
16    technology, or barbering teachers.
17        (2)  To  establish  qualifications  for  licensure  as  a
18    cosmetologist, esthetician,  nail  technician,  African  hair
19    braider,   or   barber   or   cosmetology,   esthetics,  nail
20    technology, or barber teacher or cosmetology,  esthetics,  or
21    nail   technology   clinic  teachers  for  persons  currently
22    licensed as cosmetologists, estheticians,  nail  technicians,
23    or  barbers  or  cosmetology,  esthetics, nail technology, or
24    barber teachers or cosmetology, esthetics, or nail technology
25    clinic  teachers  outside  the  State  of  Illinois  or   the
26    continental U.S.
27        (3)  To prescribe rules for:
28             (i)  The  method  of  examination  of candidates for
29        licensure   as   a   cosmetologist,   esthetician,   nail
30        technician,  African   hair   braider,   or   barber   or
31        cosmetology,  esthetics,  nail  technology,  or barbering
32        teacher.
33             (ii)  Minimum standards as to  what  constitutes  an
 
                            -11-     LRB093 03776 AMC 03811 b
 1        approved   school   of   cosmetology,   esthetics,   nail
 2        technology, African hair braiding, or barbering.
 3        (4)  To conduct investigations or hearings on proceedings
 4    to determine disciplinary action.
 5        (5)  To prescribe reasonable rules governing the sanitary
 6    regulation  and  inspection  of  cosmetology, esthetics, nail
 7    technology, or barbering schools.
 8        (6)  To prescribe, subject to  and  consistent  with  the
 9    provisions  of Section 4-1.5, reasonable rules for the method
10    of renewal for each license as a cosmetologist,  esthetician,
11    nail   technician,   African   hair  braider,  or  barber  or
12    cosmetology, esthetics, nail technology, or barbering teacher
13    or cosmetology, esthetics, or nail technology clinic teacher.
14        (7)  To prescribe reasonable  rules  for  the  method  of
15    registration, the issuance, fees, renewal and discipline of a
16    certificate of registration for the ownership or operation of
17    cosmetology,  esthetics,  and nail technology salons, African
18    hair braiding shops, and barber shops.
19    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

20        (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
21        (Section scheduled to be repealed on January 1, 2006)
22        Sec. 4-2. The Barber, Cosmetology,  Esthetics,  and  Nail
23    Technology,  and  African  Hair Braiding Committee.  There is
24    established within the Department  the  Barber,  Cosmetology,
25    Esthetics,  and  Nail  Technology,  and African Hair Braiding
26    Committee, composed of 13 11 persons designated from time  to
27    time  by  the  Director to advise the Director in all matters
28    related to the practice of barbering, cosmetology, esthetics,
29    and nail technology, and African hair braiding.
30        The 13 11 members of the Committee shall be appointed  as
31    follows:  6  licensed  cosmetologists,  all  of  whom  hold a
32    current license as a  cosmetologist  or  cosmetology  teacher
33    and,  for  appointments made after the effective date of this
 
                            -12-     LRB093 03776 AMC 03811 b
 1    amendatory Act of 1996, at least 2 of whom shall be an  owner
 2    of  or a major stockholder in a school of cosmetology, one of
 3    whom shall be a representative of a franchiser with 5 or more
 4    locations  within  the  State,  one  of  whom  shall   be   a
 5    representative  of  an  owner  operating  salons in 5 or more
 6    locations  within  the  State,  one  of  whom  shall  be   an
 7    independent  salon  owner,  and  no  one of the cosmetologist
 8    members shall be a manufacturer, jobber, or stockholder in  a
 9    factory of cosmetology articles or an immediate family member
10    of  any  of  the  above;  2  members of whom shall be barbers
11    holding a  current  license;  2  members  shall  be  licensed
12    African  hair  braiders;  one  member who shall be a licensed
13    esthetician or esthetics teacher; one member who shall  be  a
14    licensed  nail technician or nail technology teacher; and one
15    public member who holds no licenses issued by the Department.
16    The Director shall give due consideration for  membership  to
17    recommendations  by  members  of the professions and by their
18    professional organizations.  Members shall serve 4 year terms
19    and until their successors are appointed and  qualified.   No
20    member  shall be reappointed to the Committee for more than 2
21    terms.  Appointments to fill vacancies shall be made  in  the
22    same  manner  as  original  appointments  for  the  unexpired
23    portion  of  the  vacated term.   Members of the Committee in
24    office on the effective date of this amendatory Act  of  1996
25    shall  continue  to  serve  for  the duration of the terms to
26    which  they  have  been  appointed,  but  beginning  on  that
27    effective date all appointments  of  licensed  cosmetologists
28    and  barbers  to  serve  as members of the Committee shall be
29    made in a manner that will effect at  the  earliest  possible
30    date  the  changes made by this amendatory Act of 1996 in the
31    representative composition of the Committee.
32        Whenever  the  Director  is  satisfied  that  substantial
33    justice has not been done in an examination, the Director may
34    order a reexamination by the same or other examiners.
 
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 1    (Source: P.A. 89-387,  eff.  1-1-96;  89-706,  eff.  1-31-97;
 2    90-580, eff. 5-21-98.)

 3        (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
 4        (Section scheduled to be repealed on January 1, 2006)
 5        Sec.  4-4.  Issuance of license.  Whenever the provisions
 6    of this Act have been complied  with,  the  Department  shall
 7    issue   a  license  as  a  cosmetologist,  esthetician,  nail
 8    technician, African hair braider, or barber, a license  as  a
 9    cosmetology,   esthetics,   nail   technology,  or  barbering
10    teacher, or a license as a cosmetology,  esthetics,  or  nail
11    technology clinic teacher as the case may be.
12    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

13        (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
14        (Section scheduled to be repealed on January 1, 2006)
15        Sec.  4-9. Practice without a license or after suspension
16    or revocation thereof.
17        (a)  If any person violates the provisions of  this  Act,
18    the  Director  may, in the name of the People of the State of
19    Illinois, through  the  Attorney  General  of  the  State  of
20    Illinois,  petition, for an order enjoining such violation or
21    for an order enforcing compliance with this  Act.   Upon  the
22    filing  of  a  verified petition in such court, the court may
23    issue a temporary restraining order, without notice or  bond,
24    and  may preliminarily and permanently enjoin such violation,
25    and if it is established that such person has violated or  is
26    violating  the  injunction, the Court may punish the offender
27    for contempt of court.  Proceedings under this Section  shall
28    be in addition to, and not in lieu of, all other remedies and
29    penalties provided by this Act.
30        (b)  If   any   person   shall   practice  as  a  barber,
31    cosmetologist, nail  technician,  African  hair  braider,  or
32    esthetician, or teacher thereof or cosmetology, esthetics, or
 
                            -14-     LRB093 03776 AMC 03811 b
 1    nail  technology  clinic  teacher or hold himself out as such
 2    without being licensed under the provisions of this Act,  any
 3    licensee, any interested party, or any person injured thereby
 4    may,  in  addition  to  the  Director, petition for relief as
 5    provided in subsection (a) of this Section.
 6        (c)  Whenever in the opinion of the Department any person
 7    violates any provision of this Act, the Department may  issue
 8    a  rule to show cause why an order to cease and desist should
 9    not be entered against him.  The rule shall clearly set forth
10    the grounds relied upon by the Department and shall provide a
11    period of 7 days from the date of the rule to file an  answer
12    to  the  satisfaction of the Department. Failure to answer to
13    the satisfaction of the Department shall cause  an  order  to
14    cease and desist to be issued immediately.
15    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

16        (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
17        (Section scheduled to be repealed on January 1, 2006)
18        Sec.   4-19.  Emergency  suspension.   The  Director  may
19    temporarily suspend the license of a  barber,  cosmetologist,
20    nail technician, African hair braider, esthetician or teacher
21    thereof  or  of  a cosmetology, esthetics, or nail technology
22    clinic teacher without a  hearing,  simultaneously  with  the
23    institution  of  proceedings  for  a  hearing provided for in
24    Section 4-10 of this Act, if the Director finds that evidence
25    in his possession indicates that the licensee's  continuation
26    in  practice  would  constitute  an  imminent  danger  to the
27    public.   In  the   event   that   the   Director   suspends,
28    temporarily,  this  license without a hearing, a hearing must
29    be held within 30 days after such suspension has occurred.
30    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

31        (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
32        (Section scheduled to be repealed on January 1, 2006)
 
                            -15-     LRB093 03776 AMC 03811 b
 1        Sec. 4-20. Violations; penalties.  Whoever  violates  any
 2    of the following shall, for the first offense, be guilty of a
 3    Class  B misdemeanor; for the second offense, shall be guilty
 4    of a Class A misdemeanor; and for  all  subsequent  offenses,
 5    shall  be  guilty  of  a Class 4 felony and be fined not less
 6    than $1,000 or more than $5,000.
 7        (1)  The  practice  of  cosmetology,   nail   technology,
 8    esthetics,  African hair braiding, or barbering or an attempt
 9    to practice cosmetology, nail technology, esthetics,  African
10    hair   braiding,   or   barbering  without  a  license  as  a
11    cosmetologist, nail  technician,  esthetician,  African  hair
12    braider,   or  barber  or  a  cosmetology,  nail  technology,
13    esthetics, or  barbering  teacher  without  a  license  as  a
14    cosmetology,  nail technology, esthetics or barbering teacher
15    or as a cosmetology, esthetics,  or  nail  technology  clinic
16    teacher without a proper license.
17        (2)  The  obtaining  of or an attempt to obtain a license
18    or  money  or  any  other  thing  of  value   by   fraudulent
19    misrepresentation.
20        (3)  Practice    in    the   barber,   nail   technology,
21    cosmetology, African hair braiding, or  esthetic  profession,
22    or  an attempt to practice in those professions by fraudulent
23    misrepresentation.
24        (4)  Wilfully  making  any  false  oath  or   affirmation
25    whenever an oath or affirmation is required by this Act.
26        (5)  The violation of any of the provisions of this Act.
27    (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.