Illinois General Assembly - Full Text of HB4790
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Full Text of HB4790  98th General Assembly

HB4790enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
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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
6changing Sections 1-2, 1-4, 1-7, 2-4, 2-9, 3-1, 3-7, 3-8, 3A-1,
73A-3, 3A-5, 3A-6, 3A-7, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15, 3C-1,
83C-3, 3C-7, 3C-8, 3C-9, 4-1, 4-4, 4-5.1, 4-7, 4-8, 4-9, 4-10,
94-11, 4-12, 4-14, 4-15, 4-16, 4-17, 4-19, 4-20, and 4-22 and
10the heading of Article IIIB and by adding Sections 3B-16 and
114-24 as follows:
 
12    (225 ILCS 410/1-2)  (from Ch. 111, par. 1701-2)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 1-2. Public Policy. The practices of barbering, and
15cosmetology, esthetics, hair braiding, and nail technology in
16the State of Illinois are hereby declared to affect the public
17health, safety and welfare and to be subject to regulation and
18control in the public interest. It is further declared to be a
19matter of public interest and concern that the professions
20merit and receive the confidence of the public and that only
21qualified persons be permitted to practice said professions in
22the State of Illinois. This Act shall be liberally construed to
23carry out these objects and purposes.

 

 

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1(Source: P.A. 84-657.)
 
2    (225 ILCS 410/1-4)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 1-4. Definitions. In this Act the following words
5shall have the following meanings:
6    "Board" means the Barber, Cosmetology, Esthetics, Hair
7Braiding, and Nail Technology Board.
8    "Department" means the Department of Financial and
9Professional Regulation.
10    "Licensed barber" means an individual licensed by the
11Department to practice barbering as defined in this Act and
12whose license is in good standing.
13    "Licensed barber clinic teacher" means an individual
14licensed by the Department to practice barbering, as defined in
15this Act, and to provide clinical instruction in the practice
16of barbering in an approved school of barbering.
17    "Licensed cosmetologist" means an individual licensed by
18the Department to practice cosmetology, nail technology, hair
19braiding, and esthetics as defined in this Act and whose
20license is in good standing.
21    "Licensed esthetician" means an individual licensed by the
22Department to practice esthetics as defined in this Act and
23whose license is in good standing.
24    "Licensed nail technician" means any individual licensed
25by the Department to practice nail technology as defined in

 

 

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1this Act and whose license is in good standing.
2    "Licensed barber teacher" means an individual licensed by
3the Department to practice barbering as defined in this Act and
4to provide instruction in the theory and practice of barbering
5to students in an approved barber school.
6    "Licensed cosmetology teacher" means an individual
7licensed by the Department to practice cosmetology, esthetics,
8hair braiding, and nail technology as defined in this Act and
9to provide instruction in the theory and practice of
10cosmetology, esthetics, and nail technology to students in an
11approved cosmetology, esthetics, or nail technology school.
12    "Licensed cosmetology clinic teacher" means an individual
13licensed by the Department to practice cosmetology, esthetics,
14and nail technology as defined in this Act and to provide
15clinical instruction in the practice of cosmetology,
16esthetics, hair braiding, and nail technology in an approved
17school of cosmetology, esthetics, or nail technology.
18    "Licensed esthetics teacher" means an individual licensed
19by the Department to practice esthetics as defined in this Act
20and to provide instruction in the theory and practice of
21esthetics to students in an approved cosmetology or esthetics
22school.
23    "Licensed esthetics clinic teacher" means an individual
24licensed by the Department to practice esthetics as defined in
25this Act and to provide clinical instruction in the practice of
26esthetics in an approved school of cosmetology or an approved

 

 

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1school of esthetics.
2    "Licensed hair braider" means any individual licensed by
3the Department to practice hair braiding as defined in Section
43E-1 and whose license is in good standing.
5    "Licensed hair braiding teacher" means an individual
6licensed by the Department to practice hair braiding and to
7provide instruction in the theory and practice of hair braiding
8to students in an approved cosmetology or hair braiding school.
9    "Licensed nail technology teacher" means an individual
10licensed by the Department to practice nail technology and to
11provide instruction in the theory and practice of nail
12technology to students in an approved nail technology school or
13cosmetology school.
14    "Licensed nail technology clinic teacher" means an
15individual licensed by the Department to practice nail
16technology as defined in this Act and to provide clinical
17instruction in the practice of nail technology in an approved
18school of cosmetology or an approved school of nail technology.
19    "Enrollment" is the date upon which the student signs an
20enrollment agreement or student contract.
21    "Enrollment agreement" or "student contract" is any
22agreement, instrument, or contract however named, which
23creates or evidences an obligation binding a student to
24purchase a course of instruction from a school.
25    "Enrollment time" means the maximum number of hours a
26student could have attended class, whether or not the student

 

 

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1did in fact attend all those hours.
2    "Elapsed enrollment time" means the enrollment time
3elapsed between the actual starting date and the date of the
4student's last day of physical attendance in the school.
5    "Secretary" means the Secretary of the Department of
6Financial and Professional Regulation.
7    "Threading" means any technique that results in the removal
8of superfluous hair from the body by twisting thread around
9unwanted hair and then pulling it from the skin; and may also
10include the incidental trimming of eyebrow hair.
11(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;
1298-238, eff. 1-1-14.)
 
13    (225 ILCS 410/1-7)  (from Ch. 111, par. 1701-7)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 1-7. Licensure required; renewal.
16    (a) It is unlawful for any person to practice, or to hold
17himself or herself out to be a cosmetologist, esthetician, nail
18technician, hair braider, or barber without a license as a
19cosmetologist, esthetician, nail technician, hair braider or
20barber issued by the Department of Financial and Professional
21Regulation pursuant to the provisions of this Act and of the
22Civil Administrative Code of Illinois. It is also unlawful for
23any person, firm, partnership, or corporation to own, operate,
24or conduct a cosmetology, esthetics, nail technology, hair
25braiding salon, or barber school without a license issued by

 

 

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1the Department or to own or operate a cosmetology, esthetics,
2nail technology, or hair braiding salon or barber shop without
3a certificate of registration issued by the Department. It is
4further unlawful for any person to teach in any cosmetology,
5esthetics, nail technology, hair braiding, or barber college or
6school approved by the Department or hold himself or herself
7out as a cosmetology, esthetics, hair braiding, nail
8technology, or barber teacher without a license as a teacher,
9issued by the Department or as a barber clinic teacher or
10cosmetology, esthetics, hair braiding, or nail technology
11clinic teacher without a license as a clinic teacher issued by
12the Department.
13    (b) Notwithstanding any other provision of this Act, a
14person licensed as a cosmetologist may hold himself or herself
15out as an esthetician and may engage in the practice of
16esthetics, as defined in this Act, without being licensed as an
17esthetician. A person licensed as a cosmetology teacher may
18teach esthetics or hold himself or herself out as an esthetics
19teacher without being licensed as an esthetics teacher. A
20person licensed as a cosmetologist may hold himself or herself
21out as a nail technician and may engage in the practice of nail
22technology, as defined in this Act, without being licensed as a
23nail technician. A person licensed as a cosmetology teacher may
24teach nail technology and hold himself or herself out as a nail
25technology teacher without being licensed as a nail technology
26teacher. A person licensed as a cosmetologist may hold himself

 

 

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1or herself out as a hair braider and may engage in the practice
2of hair braiding, as defined in this Act, without being
3licensed as a hair braider. A person licensed as a cosmetology
4teacher may teach hair braiding and hold himself or herself out
5as a hair braiding teacher without being licensed as a hair
6braiding teacher.
7    (c) A person licensed as a barber teacher may hold himself
8or herself out as a barber and may practice barbering without a
9license as a barber. A person licensed as a cosmetology teacher
10may hold himself or herself out as a cosmetologist,
11esthetician, hair braider, and nail technologist and may
12practice cosmetology, esthetics, hair braiding, and nail
13technology without a license as a cosmetologist, esthetician,
14hair braider, or nail technologist. A person licensed as an
15esthetics teacher may hold himself or herself out as an
16esthetician without being licensed as an esthetician and may
17practice esthetics. A person licensed as a nail technician
18teacher may practice nail technology and may hold himself or
19herself out as a nail technologist without being licensed as a
20nail technologist. A person licensed as a hair braiding teacher
21may practice hair braiding and may hold himself or herself out
22as a hair braider without being licensed as a hair braider.
23    (d) The holder of a license issued under this Act may renew
24that license during the month preceding the expiration date of
25the license by paying the required fee.
26(Source: P.A. 96-1246, eff. 1-1-11.)
 

 

 

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1    (225 ILCS 410/2-4)  (from Ch. 111, par. 1702-4)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 2-4. Licensure as a barber teacher; qualifications.
4(1) A person is qualified to receive a license as a barber
5teacher if that person files an application on forms provided
6by the Department, pays the required fee, and:
7        a. Is at least 18 years of age;
8        b. Has graduated from high school or its equivalent;
9        c. Has a current license as a barber or cosmetologist;
10        d. Has graduated from a barber school or school of
11    cosmetology approved by the Department having:
12            (1) completed a total of 500 hours in barber
13        teacher training extending over a period of not less
14        than 3 months nor more than 2 years and has had 3 years
15        of practical experience as a licensed barber;
16            (2) completed a total of 1,000 hours of barber
17        teacher training extending over a period of not less
18        than 6 months nor more than 2 years; or
19            (3) completed the cosmetology teacher training as
20        specified in paragraph (4) of subsection (a) of Section
21        3-4 of this Act and completed a supplemental barbering
22        course as established by rule; and
23        e. Has passed an examination authorized by the
24    Department to determine fitness to receive a license as a
25    barber teacher or a cosmetology teacher; and

 

 

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1        f. Has met any other requirements set forth in this
2    Act.
3    An applicant who is issued a license as a Barber Teacher is
4not required to maintain a barber license in order to practice
5barbering as defined in this Act.
6    (2) A person is qualified to receive a license as a barber
7clinic teacher if he or she has applied in writing on forms
8provided by the Department, has paid the required fees, and:
9        (A) is at least 18 years of age;
10        (B) has graduated from high school or its equivalent;
11        (C) has a current license as a barber;
12        (D) has (i) completed a program of 250 hours of clinic
13    teacher training in a licensed school of barbering or (ii)
14    within 5 years preceding the required examination, has
15    obtained a minimum of 2 years of practical experience
16    working at least 30 full-time hours per week as a licensed
17    barber and has completed an instructor's institute of 20
18    hours, as prescribed by the Department, prior to submitting
19    an application for examination;
20        (E) has passed an examination authorized by the
21    Department to determine eligibility to receive a license as
22    a barber teacher; and
23        (F) has met any other requirements of this Act.
24    The Department shall not issue any new barber clinic
25teacher licenses after January 1, 2009. Any person issued a
26license as a barber clinic teacher before January 1, 2009, may

 

 

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1renew the license after that date under this Act and that
2person may continue to renew the license or have the license
3restored during his or her lifetime, subject only to the
4renewal or restoration requirements for the license under this
5Act; however, such licensee and license shall remain subject to
6the provisions of this Act, including, but not limited to,
7provisions concerning renewal, restoration, fees, continuing
8education, discipline, administration, and enforcement.
9(Source: P.A. 97-777, eff. 7-13-12.)
 
10    (225 ILCS 410/2-9)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 2-9. Degree in barbering at a cosmetology school. A
13school of cosmetology may offer a degree in barbering, as
14defined by this Act, provided that the school of cosmetology
15complies with subsections (c), (d), and (e) of Section 2-2 of
16this Act; utilizes barber teachers properly licensed under
17paragraph (1) of Section 2-4 of this Act; and complies with
18Sections 2A-7 and 3B-10 of this Act.
19(Source: P.A. 97-777, eff. 7-13-12.)
 
20    (225 ILCS 410/3-1)  (from Ch. 111, par. 1703-1)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 3-1. Cosmetology defined. Any one or any combination
23of the following practices constitutes the practice of
24cosmetology when done for cosmetic or beautifying purposes and

 

 

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1not for the treatment of disease or of muscular or nervous
2disorder: arranging, braiding, dressing, cutting, trimming,
3curling, waving, chemical restructuring, shaping, singeing,
4bleaching, coloring or similar work, upon the hair of the head
5or any cranial prosthesis; cutting or trimming facial hair of
6any person; any practice of manicuring, pedicuring, decorating
7nails, applying sculptured nails or otherwise artificial nails
8by hand or with mechanical or electrical apparatus or
9appliances, or in any way caring for the nails or the skin of
10the hands or feet including massaging the hands, arms, elbows,
11feet, lower legs, and knees of another person for other than
12the treatment of medical disorders; any practice of epilation
13or depilation of any person; any practice for the purpose of
14cleansing, massaging or toning the skin of the scalp;
15beautifying, massaging, cleansing, exfoliating, or stimulating
16the stratum corneum of the epidermis by the use of cosmetic
17preparations, body treatments, body wraps, the use of
18hydrotherapy, or any device, electrical, mechanical, or
19otherwise; applying make-up or eyelashes to any person or
20lightening or coloring hair on the body and removing
21superfluous hair from the body of any person by the use of
22depilatories, waxing, threading, or tweezers. The term
23"cosmetology" does not include the services provided by an
24electrologist. Nail technology is the practice and the study of
25cosmetology only to the extent of manicuring, pedicuring,
26decorating, and applying sculptured or otherwise artificial

 

 

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1nails, or in any way caring for the nail or the skin of the
2hands or feet including massaging the hands, arms, elbows,
3feet, lower legs, and knees. Cosmetologists are prohibited from
4using any technique, product, or practice intended to affect
5the living layers of the skin. The term cosmetology includes
6rendering advice on what is cosmetically appealing, but no
7person licensed under this Act shall render advice on what is
8appropriate medical treatment for diseases of the skin.
9Purveyors of cosmetics may demonstrate such cosmetic products
10in conjunction with any sales promotion and shall not be
11required to hold a license under this Act. Nothing in this Act
12shall be construed to prohibit the shampooing of hair by
13persons employed for that purpose and who perform that task
14under the direct supervision of a licensed cosmetologist or
15licensed cosmetology teacher.
16(Source: P.A. 96-1076, eff. 7-16-10.)
 
17    (225 ILCS 410/3-7)  (from Ch. 111, par. 1703-7)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 3-7. Licensure; renewal; continuing education;
20military service. The holder of a license issued under this
21Article III may renew that license during the month preceding
22the expiration date thereof by paying the required fee, giving
23such evidence as the Department may prescribe of completing not
24less than 14 hours of continuing education for a cosmetologist,
25and 24 hours of continuing education for a cosmetology teacher

 

 

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1or cosmetology clinic teacher, within the 2 years prior to
2renewal. The training shall be in subjects approved by the
3Department as prescribed by rule upon recommendation of the
4Board Committee.
5    A license that has been expired for more than 5 years may
6be restored by payment of the restoration fee and submitting
7evidence satisfactory to the Department of the current
8qualifications and fitness of the licensee, which shall include
9completion of continuing education hours for the period
10subsequent to expiration.
11    The Department shall establish by rule a means for the
12verification of completion of the continuing education
13required by this Section. This verification may be accomplished
14through audits of records maintained by registrants, by
15requiring the filing of continuing education certificates with
16the Department, or by other means established by the
17Department.
18    A license issued under the provisions of this Act that has
19expired while the holder of the license was engaged (1) in
20federal service on active duty with the Army of the United
21States, the United States Navy, the Marine Corps, the Air
22Force, the Coast Guard, or any Women's Auxiliary thereof, or
23the State Militia called into the service or training of the
24United States of America, or (2) in training or education under
25the supervision of the United States preliminary to induction
26into the military service, may be reinstated or restored

 

 

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1without the payment of any lapsed renewal fees, reinstatement
2fee, or restoration fee if within 2 years after the termination
3of such service, training, or education other than by
4dishonorable discharge, the holder furnishes the Department
5with an affidavit to the effect that he or she has been so
6engaged and that his or her service, training, or education has
7been so terminated.
8    The Department, in its discretion, may waive enforcement of
9the continuing education requirement in this Section and shall
10adopt rules defining the standards and criteria for that waiver
11under the following circumstances:
12        (a) the licensee resides in a locality where it is
13    demonstrated that the absence of opportunities for such
14    education would interfere with the ability of the licensee
15    to provide service to the public;
16        (b) that to comply with the continuing education
17    requirements would cause a substantial financial hardship
18    on the licensee;
19        (c) that the licensee is serving in the United States
20    Armed Forces; or
21        (d) that the licensee is incapacitated due to illness.
22    The continuing education requirements of this Section do
23not apply to a licensee who (i) is at least 62 years of age or
24(ii) has been licensed as a cosmetologist, cosmetology teacher,
25or cosmetology clinic teacher for at least 25 years.
26(Source: P.A. 94-451, eff. 12-31-05.)
 

 

 

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1    (225 ILCS 410/3-8)  (from Ch. 111, par. 1703-8)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 3-8. Cosmetologists or , cosmetology teachers, and
4cosmetology clinic teachers registered or licensed elsewhere.
5    (a) Except as otherwise provided in this Act, upon payment
6of the required fee, an applicant who is a cosmetologist or ,
7cosmetology teacher, or cosmetology clinic teacher registered
8or licensed under the laws of a foreign country or province may
9be granted a license as a licensed cosmetologist or ,
10cosmetology teacher, or cosmetology clinic teacher by the
11Department in its discretion upon the following conditions:
12        (1) The cosmetologist applicant is at least 16 years of
13    age and the cosmetology teacher or cosmetology clinic
14    teacher applicant is at least 18 years of age; and
15        (2) The requirements for the registration or licensing
16    of cosmetologists or , cosmetology teachers, or cosmetology
17    clinic teachers in the particular country or province were,
18    at the date of the license, substantially equivalent to the
19    requirements then in force for cosmetologists or ,
20    cosmetology teachers, or cosmetology clinic teachers in
21    this State; or the applicant has established proof of legal
22    practice as a cosmetologist or , cosmetology teacher, or
23    cosmetology clinic teacher in another jurisdiction for at
24    least 3 years; and
25        (3) If the Department, in its discretion and in

 

 

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1    accordance with the rules, deems it necessary, then the
2    applicant has passed an examination as required by this
3    Act; and
4        (4) The applicant has met any other requirements of
5    this Act.
6    The Department shall prescribe reasonable rules governing
7the recognition of and the credit to be given to the study of
8cosmetology under a cosmetologist registered or licensed under
9the laws of a foreign country or province by an applicant for a
10license as a cosmetologist, and for the recognition of legal
11practice in another jurisdiction towards the education
12required under this Act.
13    (b) Except as otherwise provided in this Act, upon payment
14of the required fee, an applicant who is a cosmetologist or ,
15cosmetology teacher, or cosmetology clinic teacher registered
16or licensed under the laws of another state or territory of the
17United States shall, without examination, be granted a license
18as a licensed cosmetologist or , cosmetology teacher, or
19cosmetology clinic teacher, whichever is applicable, by the
20Department upon the following conditions:
21        (1) The cosmetologist applicant is at least 16 years of
22    age and the cosmetology teacher or cosmetology clinic
23    teacher applicant is at least 18 years of age; and
24        (2) The applicant submits to the Department
25    satisfactory evidence that the applicant is registered or
26    licensed in another state or territory as a cosmetologist

 

 

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1    or , cosmetology teacher, or cosmetology clinic teacher;
2    and
3        (3) The applicant has met any other requirements of
4    this Act.
5(Source: P.A. 96-1246, eff. 1-1-11.)
 
6    (225 ILCS 410/3A-1)  (from Ch. 111, par. 1703A-1)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 3A-1. Esthetics defined.
9    (A) Any one or combination of the following practices, when
10done for cosmetic or beautifying purposes and not for the
11treatment of disease or of a muscular or nervous disorder,
12constitutes the practice of esthetics:
13        1. Beautifying, massaging, cleansing, exfoliating, or
14    stimulating the stratum corneum of the epidermis by the use
15    of cosmetic preparations, body treatments, body wraps,
16    hydrotherapy, or any device, electrical, mechanical, or
17    otherwise, for the care of the skin;
18        2. Applying make-up or eyelashes to any person or
19    lightening or coloring hair on the body except the scalp;
20    and
21        3. Removing superfluous hair from the body of any
22    person.
23    However, esthetics does not include the services provided
24by a cosmetologist or electrologist. Estheticians are
25prohibited from using techniques, products, and practices

 

 

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1intended to affect the living layers of the skin. The term
2esthetics includes rendering advice on what is cosmetically
3appealing, but no person licensed under this Act shall render
4advice on what is appropriate medical treatment for diseases of
5the skin.
6    (B) "Esthetician" means any person who, with hands or
7mechanical or electrical apparatus or appliances, engages only
8in the use of cosmetic preparations, body treatments, body
9wraps, hydrotherapy, makeups, antiseptics, tonics, lotions,
10creams or other preparations or in the practice of massaging,
11cleansing, exfoliating the stratum corneum of the epidermis,
12stimulating, manipulating, beautifying, grooming, threading,
13or similar work on the face, neck, arms and hands or body in a
14superficial mode, and not for the treatment of medical
15disorders.
16(Source: P.A. 96-1076, eff. 7-16-10.)
 
17    (225 ILCS 410/3A-3)  (from Ch. 111, par. 1703A-3)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 3A-3. Licensure as an esthetics teacher;
20qualifications.
21    (a) A person is qualified to receive a license as an
22esthetics teacher if that person has applied in writing on
23forms supplied by the Department, paid the required fees, and:
24        (1) is at least 18 years of age;
25        (2) has graduated from high school or its equivalent;

 

 

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1        (3) has a current license as a licensed cosmetologist
2    or esthetician;
3        (4) has either: (i) completed a program of 500 hours of
4    teacher training in a licensed school of cosmetology or a
5    licensed esthetics school and had 2 years of practical
6    experience as a licensed cosmetologist or esthetician
7    within 5 years preceding the examination; or (ii) completed
8    a program of 750 hours of teacher training in a licensed
9    school of cosmetology approved by the Department to teach
10    esthetics or a licensed esthetics school;
11        (5) has passed an examination authorized by the
12    Department to determine eligibility to receive a license as
13    a licensed cosmetology or esthetics teacher;
14        (6) (blank); and
15        (7) has met any other requirements as required by this
16    Act.
17    (b) (Blank). A person is qualified to receive a license as
18an esthetics clinic teacher if that person has applied in
19writing on forms supplied by the Department, paid the required
20fees, and:
21        (1) is at least 18 years of age;
22        (2) has graduated from high school or its equivalent;
23        (3) has a current license as a licensed cosmetologist
24    or esthetician;
25        (4) has (i) completed a program of 250 hours of clinic
26    teacher training in a licensed school of cosmetology

 

 

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1    approved by the Department to teach esthetics or a licensed
2    esthetics school or (ii) within 5 years preceding the
3    examination, has obtained a minimum of 2 years of practical
4    experience working at least 30 full-time hours per week as
5    a licensed cosmetologist or esthetician and has completed
6    an instructor's institute of 20 hours, as prescribed by the
7    Department, prior to submitting an application for
8    examination;
9        (5) has passed an examination authorized by the
10    Department to determine eligibility to receive a license as
11    a licensed cosmetology teacher or licensed esthetics
12    teacher;
13        (6) (blank); and
14        (7) has met any other requirements required by this
15    Act.
16    The Department shall not issue any new esthetics clinic
17teacher licenses after January 1, 2009. Any person issued a
18license as an esthetics clinic teacher before January 1, 2009,
19may renew the license after that date under this Act and that
20person may continue to renew the license or have the license
21restored during his or her lifetime, subject only to the
22renewal or restoration requirements for the license under this
23Act; however, such licensee and license shall remain subject to
24the provisions of this Act, including, but not limited to,
25provisions concerning renewal, restoration, fees, continuing
26education, discipline, administration, and enforcement.

 

 

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1    (c) An applicant who is issued a license as an esthetics
2teacher or esthetics clinic teacher is not required to maintain
3an esthetics license in order to practice as an esthetician as
4defined in this Act.
5(Source: P.A. 94-451, eff. 12-31-05.)
 
6    (225 ILCS 410/3A-5)  (from Ch. 111, par. 1703A-5)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 3A-5. Examination.
9    (a) The Department shall authorize examinations of
10applicants for a license as an esthetician or teacher of
11esthetics at such times and places as it may determine. The
12Department shall authorize no fewer than 4 examinations for a
13license as an esthetician or a teacher of esthetics in a
14calendar year.
15    If an applicant neglects, fails without an approved excuse,
16or refuses to take the next available examination offered for
17licensure under this Act, the fee paid by the applicant shall
18be forfeited to the Department and the application denied. If
19an applicant fails to pass an examination for licensure under
20this Act within 3 years after filing his or her application,
21the application shall be denied. However, such applicant may
22thereafter make a new application for examination, accompanied
23by the required fee, if he or she meets the requirements in
24effect at the time of reapplication. If an applicant for
25licensure as an esthetician is unsuccessful at 3 examinations

 

 

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1conducted by the Department, the applicant shall, before taking
2a subsequent examination, furnish evidence of not less than 125
3hours of additional study of esthetics in an approved school of
4cosmetology or esthetics since the applicant last took the
5examination. If an applicant for licensure as an esthetics
6teacher or esthetics clinic teacher is unsuccessful at 3
7examinations conducted by the Department, the applicant shall,
8before taking a subsequent examination, furnish evidence of not
9less than 80 hours of additional study in teaching methodology
10and educational psychology in a licensed school of cosmetology
11or esthetics since the applicant last took the examination. An
12applicant who fails to pass a fourth examination shall not
13again be admitted to an examination unless (i) in the case of
14an applicant for licensure as an esthetician, the applicant
15shall again take and complete a program of 750 hours in the
16study of esthetics in a licensed school of cosmetology approved
17to teach esthetics or a school of esthetics, extending over a
18period that commences after the applicant fails to pass the
19fourth examination and that is not less than 18 weeks nor more
20than 4 consecutive years in duration; or (ii) in the case of an
21applicant for a license as an esthetics teacher, the applicant
22shall again take and complete a program of 750 hours of teacher
23training in a school of cosmetology approved to teach esthetics
24or a school of esthetics, except that if the applicant had 2
25years of practical experience as a licensed cosmetologist or
26esthetician within 5 years preceding the initial examination

 

 

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1taken by the applicant, the applicant must again take and
2complete a program of 500 hours of teacher training in licensed
3cosmetology or a licensed esthetics school; or (iii) in the
4case of an applicant for a license as an esthetics clinic
5teacher, the applicant shall again take and complete a program
6of 250 hours of clinic teacher training in a licensed school of
7cosmetology or a licensed school of esthetics.
8    (b) Each applicant shall be given a written examination
9testing both theoretical and practical knowledge which shall
10include, but not be limited to, questions that determine the
11applicant's knowledge, as provided by rule.
12    (c) The examination of applicants for licensure as an
13esthetics teacher may include:
14        (1) teaching methodology;
15        (2) classroom management; and
16        (3) record keeping and any other subjects that the
17    Department may deem necessary to insure competent
18    performance.
19    (d) This Act does not prohibit the practice of esthetics by
20one who has applied in writing to the Department, in form and
21substance satisfactory to the Department, for a license as an
22esthetician or , an esthetics teacher, or an esthetics clinic
23teacher and has complied with all the provisions of this Act in
24order to qualify for a license, except the passing of an
25examination to be eligible to receive such license certificate,
26until: (i) the expiration of 6 months after the filing of such

 

 

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1written application, or (ii) the decision of the Department
2that the applicant has failed to pass an examination within 6
3months or failed without an approved excuse to take an
4examination conducted within 6 months by the Department, or
5(iii) the withdrawal of the application.
6(Source: P.A. 94-451, eff. 12-31-05.)
 
7    (225 ILCS 410/3A-6)  (from Ch. 111, par. 1703A-6)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 3A-6. Licensure; renewal; continuing education;
10examination; military service. The holder of a license issued
11under this Article may renew such license during the month
12preceding the expiration date thereof by paying the required
13fee, giving evidence the Department may prescribe of completing
14not less than 10 hours for estheticians, and not less than 20
15hours of continuing education for esthetics teachers or
16esthetics clinic teachers, within the 2 years prior to renewal.
17The training shall be in subjects, approved by the Department
18as prescribed by rule upon recommendation of the Board
19Committee.
20    A license that has expired or been placed on inactive
21status may be restored only by payment of the restoration fee
22and submitting evidence satisfactory to the Department of the
23current qualifications and fitness of the licensee including
24the completion of continuing education hours for the period
25following expiration.

 

 

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1    A license issued under the provisions of this Act that has
2expired while the holder of the license was engaged (1) in
3federal service on active duty with the Army of the United
4States, the United States Navy, the Marine Corps, the Air
5Force, the Coast Guard, or any Women's Auxiliary thereof, or
6the State Militia called into the service or training of the
7United States of America, or (2) in training or education under
8the supervision of the United States preliminary to induction
9into the military service, may be reinstated or restored
10without the payment of any lapsed renewal fees, reinstatement
11fee, or restoration fee if within 2 years after the termination
12of such service, training, or education other than by
13dishonorable discharge, the holder furnishes the Department
14with an affidavit to the effect that he or she has been so
15engaged and that his or her service, training, or education has
16been so terminated.
17    The Department, in its discretion, may waive enforcement of
18the continuing education requirement in this Section, and shall
19adopt rules defining the standards and criteria for such
20waiver, under the following circumstances:
21    (1) the licensee resides in a locality where it is
22demonstrated that the absence of opportunities for such
23education would interfere with the ability of the licensee to
24provide service to the public;
25    (2) the licensee's compliance with the continuing
26education requirements would cause a substantial financial

 

 

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1hardship on the licensee;
2    (3) the licensee is serving in the United States Armed
3Forces; or
4    (4) the licensee is incapacitated due to illness.
5(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
 
6    (225 ILCS 410/3A-7)  (from Ch. 111, par. 1703A-7)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 3A-7. Estheticians licensed elsewhere. Upon payment
9of the required fee, an applicant who is an esthetician
10registered or licensed under the laws of another state or
11territory of the United States or of a foreign country or
12province may, without examination, be granted a license as a
13licensed esthetician by the Department in its discretion upon
14the following conditions:
15    (a) In the case of an esthetician registered or licensed
16elsewhere,
17        (1) The applicant is at least 16 years of age; and
18        (2) The requirements for the registration or licensing
19    of estheticians in the particular state, territory,
20    country, or province were at the date of the license
21    substantially equivalent to the requirements then in force
22    in this State.
23    (b) In the case of an esthetics teacher or esthetics clinic
24teacher registered or licensed elsewhere,
25        (1) The applicant is at least 18 years of age; and

 

 

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1        (2) The requirements for the registration or licensing
2    of esthetics teachers or esthetics clinic teachers in the
3    particular state, territory, country, or province were at
4    the date of the license substantially equivalent to the
5    requirements then in force in this State; or the applicant
6    has established proof of legal practice as an esthetics
7    teacher in another jurisdiction for at least 3 years.
8    If the Department, in its discretion and in accordance with
9the rules, deems it necessary, an applicant registered or
10licensed under the laws of a foreign country or province may be
11required to pass an examination as required by this Act.
12    An applicant who has been licensed to practice esthetics in
13another state may receive credit of at least 300 hours for each
14year of experience toward the education required under this
15Act.
16(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
 
17    (225 ILCS 410/Art. IIIB heading)
18
ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
19
AND NAIL TECHNOLOGY SCHOOLS
20(Source: P.A. 96-1246, eff. 1-1-11.)
 
21    (225 ILCS 410/3B-1)  (from Ch. 111, par. 1703B-1)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 3B-1. Application. The provisions of this Article are
24applicable only to barber, cosmetology, esthetics, hair

 

 

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1braiding, and nail technology schools regulated under this Act.
2(Source: P.A. 96-1246, eff. 1-1-11.)
 
3    (225 ILCS 410/3B-10)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 3B-10. Requisites for ownership or operation of
6school. No person, firm, or corporation may own, operate, or
7conduct a school of barbering, cosmetology, esthetics, hair
8braiding, or nail technology for the purpose of teaching
9barbering, cosmetology, esthetics, hair braiding, or nail
10technology for compensation unless licensed by the Department.
11A licensed school is a postsecondary educational institution
12authorized by the Department to provide a postsecondary
13education program in compliance with the requirements of this
14Act. An applicant shall apply to the Department on forms
15provided by the Department, pay the required fees, and comply
16with the following requirements:
17        1. The applicant must submit to the Department for
18    approval:
19            a. A floor plan, drawn to a scale specified on the
20        floor plan, showing every detail of the proposed
21        school; and
22            b. A lease commitment or proof of ownership for the
23        location of the proposed school; a lease commitment
24        must provide for execution of the lease upon the
25        Department's approval of the school's application and

 

 

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1        the lease must be for a period of at least one year.
2            c. (Blank).
3        2. An application to own or operate a school shall
4    include the following:
5            a. If the owner is a corporation, a copy of the
6        Articles of Incorporation;
7            b. If the owner is a partnership, a listing of all
8        partners and their current addresses;
9            c. If the applicant is an owner, a completed
10        financial statement showing the owner's ability to
11        operate the school for at least 3 months;
12            d. A copy of the official enrollment agreement or
13        student contract to be used by the school, which shall
14        be consistent with the requirements of this Act and
15        rules;
16            e. A listing of all teachers who will be in the
17        school's employ, including their teacher license
18        numbers;
19            f. A copy of the curricula that will be followed;
20            g. The names, addresses, and current status of all
21        schools in which the applicant has previously owned any
22        interest, and a declaration as to whether any of these
23        schools were ever denied accreditation or licensing or
24        lost accreditation or licensing from any governmental
25        body or accrediting agency;
26            h. Each application for a certificate of approval

 

 

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1        shall be signed and certified under oath by the
2        school's chief managing employee and also by its
3        individual owner or owners; if the applicant is a
4        partnership or a corporation, then the application
5        shall be signed and certified under oath by the
6        school's chief managing employee and also by each
7        member of the partnership or each officer of the
8        corporation, as the case may be;
9            i. A copy of the school's official transcript; and
10            j. The required fee.
11        3. Each application for a license to operate a school
12    shall also contain the following commitments:
13            a. To conduct the school in accordance with this
14        Act and the standards, and rules from time to time
15        adopted under this Act and to meet standards and
16        requirements at least as stringent as those required by
17        Part H of the Federal Higher Education Act of 1965.
18            b. To permit the Department to inspect the school
19        or classes thereof from time to time with or without
20        notice; and to make available to the Department, at any
21        time when required to do so, information including
22        financial information pertaining to the activities of
23        the school required for the administration of this Act
24        and the standards and rules adopted under this Act;
25            c. To utilize only advertising and solicitation
26        which is free from misrepresentation, deception,

 

 

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1        fraud, or other misleading or unfair trade practices;
2            d. To screen applicants to the school prior to
3        enrollment pursuant to the requirements of the
4        school's regional or national accrediting agency, if
5        any, and to maintain any and all records of such
6        screening. If the course of instruction is offered in a
7        language other than English, the screening shall also
8        be performed in that language;
9            e. To post in a conspicuous place a statement,
10        developed by the Department, of student's rights
11        provided under this Act.
12        4. The applicant shall establish to the satisfaction of
13    the Department that the owner possesses sufficient liquid
14    assets to meet the prospective expenses of the school for a
15    period of 3 months. In the discretion of the Department,
16    additional proof of financial ability may be required.
17        5. The applicant shall comply with all rules of the
18    Department determining the necessary curriculum and
19    equipment required for the conduct of the school.
20        6. The applicant must demonstrate employment of a
21    sufficient number of qualified teachers who are holders of
22    a current license issued by the Department.
23        7. A final inspection of the barber, cosmetology,
24    esthetics, hair braiding, or nail technology school shall
25    be made by the Department before the school may commence
26    classes.

 

 

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1        8. A written inspection report must be made by the
2    State Fire Marshal or a local fire authority approving the
3    use of the proposed premises as a barber, cosmetology,
4    esthetics, hair braiding, or nail technology school.
5(Source: P.A. 98-238, eff. 1-1-14.)
 
6    (225 ILCS 410/3B-11)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 3B-11. Periodic review of barber, cosmetology,
9esthetics, hair braiding, and nail technology schools. The
10Department shall review at least biennially all approved
11schools and courses of instruction. The biennial review shall
12include consideration of a comparison between the graduation or
13completion rate for the school and the graduation or completion
14rate for the schools within that classification of schools.
15Consideration shall be given to complaints and information
16forwarded to the Department by the Federal Trade Commission,
17Better Business Bureaus, the Illinois Attorney General's
18Office, a State's Attorney's Office, other State or official
19approval agencies, local school officials, and interested
20persons. The Department shall investigate all complaints filed
21with the Department about a school or its sales
22representatives.
23    A school shall retain the records, as defined by rule, of a
24student who withdraws from or drops out of the school, by
25written notice of cancellation or otherwise, for any period

 

 

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1longer than 7 years from the student's first day of attendance.
2However, a school shall retain indefinitely the transcript of
3each student who completes the program and graduates from the
4school.
5(Source: P.A. 96-1246, eff. 1-1-11.)
 
6    (225 ILCS 410/3B-12)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 3B-12. Enrollment agreements.
9    (a) Enrollment agreements shall be used by barber,
10cosmetology, esthetics, hair braiding, and nail technology
11schools licensed to operate by the Department and shall include
12the following written disclosures:
13        (1) The name and address of the school and the
14    addresses where instruction will be given;
15        (2) The name and description of the course of
16    instruction, including the number of clock hours in each
17    course and an approximate number of weeks or months
18    required for completion;
19        (3) The scheduled starting date and calculated
20    completion date;
21        (4) The total cost of the course of instruction
22    including any charges made by the school for tuition,
23    books, materials, supplies, and other expenses;
24        (5) A clear and conspicuous statement that the contract
25    is a legally binding instrument when signed by the student

 

 

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1    and accepted by the school;
2        (6) A clear and conspicuous caption, "BUYER'S RIGHT TO
3    CANCEL" under which it is explained that the student has
4    the right to cancel the initial enrollment agreement until
5    midnight of the fifth business day after the student has
6    been enrolled; and if notice of the right to cancel is not
7    given to any prospective student at the time the enrollment
8    agreement is signed, then the student has the right to
9    cancel the agreement at any time and receive a refund of
10    all monies paid to date within 10 days of cancellation;
11        (7) A notice to the students that the cancellation must
12    be in writing and given to the registered agent, if any, or
13    managing employee of the school;
14        (8) The school's refund policy for unearned tuition,
15    fees, and other charges;
16        (9) The date of the student's signature and the date of
17    the student's admission;
18        (10) The name of the school employee or agent
19    responsible for procuring, soliciting, or enrolling the
20    student;
21        (11) A clear statement that the institution does not
22    guarantee employment and a statement describing the
23    school's placement assistance procedures;
24        (12) The graduation requirements of the school;
25        (13) The contents of the following notice, in at least
26    10 point bold type:

 

 

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1
"NOTICE TO THE STUDENT"
2    "Do not sign this contract before you read it or if it
3    contains any blank space. You are entitled to an exact copy
4    of the contract you sign."
5        (14) A statement either in the enrollment agreement or
6    separately provided and acknowledged by the student
7    indicating the number of students who did not complete the
8    course of instruction for which they enrolled for the past
9    calendar year as compared to the number of students who
10    enrolled in school during the school's past calendar year;
11        (15) The following clear and conspicuous caption:
12    "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
13    DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
14    forth with the address and telephone number of the
15    Department's Chicago and Springfield offices.
16    (b) If the enrollment is negotiated orally in a language
17other than English, then copies of the above disclosures shall
18be tendered in the language in which the contract was
19negotiated prior to executing the enrollment agreement.
20    (c) The school shall comply with all applicable
21requirements of the Retail Installment Sales Act in its
22enrollment agreement or student contracts.
23    (d) No enrollment agreement or student contract shall
24contain a wage assignment provision or a confession of judgment
25clause.
26    (e) Any provision in an enrollment agreement or student

 

 

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1contract that purports to waive the student's right to assert
2against the school, or any assignee, any claim or defense he or
3she may have against the school arising under the contract
4shall be void.
5    (f) Two copies of the enrollment agreement shall be signed
6by the student. One copy shall be given to the student and the
7school shall retain the other copy as part of the student's
8permanent record.
9(Source: P.A. 96-1246, eff. 1-1-11.)
 
10    (225 ILCS 410/3B-15)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 3B-15. Grounds for disciplinary action. In addition to
13any other cause herein set forth the Department may refuse to
14issue or renew and may suspend, place on probation, or revoke
15any license to operate a school, or take any other disciplinary
16or non-disciplinary action that the Department may deem proper,
17including the imposition of fines not to exceed $5,000 for each
18violation, for any one or any combination of the following
19causes:
20        (1) Repeated violation of any provision of this Act or
21    any standard or rule established under this Act.
22        (2) Knowingly furnishing false, misleading, or
23    incomplete information to the Department or failure to
24    furnish information requested by the Department.
25        (3) Violation of any commitment made in an application

 

 

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1    for a license, including failure to maintain standards that
2    are the same as, or substantially equivalent to, those
3    represented in the school's applications and advertising.
4        (4) Presenting to prospective students information
5    relating to the school, or to employment opportunities or
6    opportunities for enrollment in institutions of higher
7    learning after entering into or completing courses offered
8    by the school, that is false, misleading, or fraudulent.
9        (5) Failure to provide premises or equipment or to
10    maintain them in a safe and sanitary condition as required
11    by law.
12        (6) Failure to maintain financial resources adequate
13    for the satisfactory conduct of the courses of instruction
14    offered or to retain a sufficient and qualified
15    instructional and administrative staff.
16        (7) Refusal to admit applicants on account of race,
17    color, creed, sex, physical or mental handicap unrelated to
18    ability, religion, or national origin.
19        (8) Paying a commission or valuable consideration to
20    any person for acts or services performed in violation of
21    this Act.
22        (9) Attempting to confer a fraudulent degree, diploma,
23    or certificate upon a student.
24        (10) Failure to correct any deficiency or act of
25    noncompliance under this Act or the standards and rules
26    established under this Act within reasonable time limits

 

 

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1    set by the Department.
2        (11) Conduct of business or instructional services
3    other than at locations approved by the Department.
4        (12) Failure to make all of the disclosures or making
5    inaccurate disclosures to the Department or in the
6    enrollment agreement as required under this Act.
7        (13) Failure to make appropriate refunds as required by
8    this Act.
9        (14) Denial, loss, or withdrawal of accreditation by
10    any accrediting agency.
11        (15) During any calendar year, having a failure rate of
12    25% or greater for those of its students who for the first
13    time take the examination authorized by the Department to
14    determine fitness to receive a license as a barber, barber
15    teacher, cosmetologist, cosmetology teacher, esthetician,
16    esthetician teacher, hair braider, hair braiding teacher,
17    nail technician, or nail technology teacher, provided that
18    a student who transfers into the school having completed
19    50% or more of the required program and who takes the
20    examination during that calendar year shall not be counted
21    for purposes of determining the school's failure rate on an
22    examination, without regard to whether that transfer
23    student passes or fails the examination.
24        (16) Failure to maintain a written record indicating
25    the funds received per student and funds paid out per
26    student. Such records shall be maintained for a minimum of

 

 

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1    7 years and shall be made available to the Department upon
2    request. Such records shall identify the funding source and
3    amount for any student who has enrolled as well as any
4    other item set forth by rule.
5        (17) Failure to maintain a copy of the student record
6    as defined by rule.
7(Source: P.A. 96-1246, eff. 1-1-11.)
 
8    (225 ILCS 410/3B-16 new)
9    Sec. 3B-16. Department of Corrections. The Secretary may
10waive any requirement of this Act or of the rules enacted by
11the Department pursuant to this Act pertaining to the operation
12of a barber, cosmetology, esthetics, hair braiding, or nail
13technology school owned or operated by the Department of
14Corrections and located in a correctional facility to educate
15inmates that is inconsistent with the mission or operations of
16the Department of Corrections or is detrimental to the safety
17and security of any correctional facility. Nothing in this
18Section 3B-16 exempts the Department of Corrections from the
19necessity of licensure.
 
20    (225 ILCS 410/3C-1)  (from Ch. 111, par. 1703C-1)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 3C-1. Definitions. "Nail technician" means any person
23who for compensation manicures, pedicures, or decorates nails,
24applies artificial applications by hand or with mechanical or

 

 

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1electrical apparatus or appliances, or in any way beautifies
2the nails or the skin of the hands or feet including massaging
3the hands, arms, elbows, feet, lower legs, and knees of another
4person for other than the treatment of medical disorders.
5    However, nail technicians are prohibited from using
6techniques, products, and practices intended to affect the
7living layers of the skin. The term nail technician includes
8rendering advice on what is cosmetically appealing, but no
9person licensed under this Act shall render advice on what is
10appropriate medical treatment for diseases of the nails or
11skin.
12    "Nail technician teacher" means an individual licensed by
13the Department to provide instruction in the theory and
14practice of nail technology to students in an approved nail
15technology school.
16    "Licensed nail technology clinic teacher" means an
17individual licensed by the Department to practice nail
18technology as defined in this Act and to provide clinical
19instruction in the practice of nail technology in an approved
20school of cosmetology or an approved school of nail technology.
21(Source: P.A. 94-451, eff. 12-31-05.)
 
22    (225 ILCS 410/3C-3)  (from Ch. 111, par. 1703C-3)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 3C-3. Licensure as a nail technology teacher or nail
25technology clinic teacher; qualifications.

 

 

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1    (a) A person is qualified to receive a license as a nail
2technology teacher if that person has filed an application on
3forms provided by the Department, paid the required fee, and:
4        (1) is at least 18 years of age;
5        (2) has graduated from high school or its equivalent;
6        (3) has a current license as a cosmetologist or nail
7    technician;
8        (4) has either: (1) completed a program of 500 hours of
9    teacher training in a licensed school of nail technology or
10    cosmetology, and had 2 years of practical experience as a
11    nail technician; or (2) has completed a program of 625
12    hours of teacher training in a licensed school of
13    cosmetology approved to teach nail technology or school of
14    nail technology; and
15        (5) who has passed an examination authorized by the
16    Department to determine eligibility to receive a license as
17    a cosmetology or nail technology teacher.
18    (b) A person is qualified to receive a license as a nail
19technology clinic teacher if that person has applied in writing
20on forms supplied by the Department, paid the required fees,
21and:
22        (1) is at least 18 years of age;
23        (2) has graduated from high school or its equivalent;
24        (3) has a current license as a licensed cosmetologist
25    or nail technician;
26        (4) has (i) completed a program of 250 hours of clinic

 

 

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1    teacher training in a licensed school of cosmetology or a
2    licensed nail technology school or (ii) within 5 years
3    preceding the examination, has obtained a minimum of 2
4    years of practical experience working at least 30 full-time
5    hours per week as a licensed cosmetologist or nail
6    technician and has completed an instructor's institute of
7    20 hours, as prescribed by the Department, prior to
8    submitting an application for examination;
9        (5) has passed an examination authorized by the
10    Department to determine eligibility to receive a license as
11    a licensed cosmetology teacher or licensed nail technology
12    teacher;
13        (6) demonstrates, to the satisfaction of the
14    Department, current skills in the use of machines used in
15    the practice of nail technology; and
16        (7) has met any other requirements required by this
17    Act.
18    The Department shall not issue any new nail technology
19clinic teacher licenses after January 1, 2009. Any person
20issued a license as a nail technology clinic teacher before
21January 1, 2009, may renew the license after that date under
22this Act and that person may continue to renew the license or
23have the license restored during his or her lifetime, subject
24only to the renewal or restoration requirements for the license
25under this Act; however, such licensee and license shall remain
26subject to the provisions of this Act, including, but not

 

 

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1limited to, provisions concerning renewal, restoration, fees,
2continuing education, discipline, administration, and
3enforcement.
4    (b) (c) An applicant who receives a license as a nail
5technology teacher or nail technology clinic teacher shall not
6be required to maintain a license as a nail technician.
7(Source: P.A. 94-451, eff. 12-31-05.)
 
8    (225 ILCS 410/3C-7)  (from Ch. 111, par. 1703C-7)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 3C-7. Examinations; failure or refusal to take
11examination. The Department shall authorize examinations of
12applicants for licenses as nail technicians and teachers of
13nail technology at the times and places as it may determine.
14    The Department shall authorize not less than 4 examinations
15for licenses as nail technicians, and nail technology teachers
16in a calendar year.
17    If an applicant neglects, fails without an approved excuse,
18or refuses to take the next available examination offered for
19licensure under this Act, the fee paid by the applicant shall
20be forfeited to the Department and the application denied. If
21an applicant fails to pass an examination for licensure under
22this Act within 3 years after filing an application, the
23application shall be denied. Nevertheless, the applicant may
24thereafter make a new application for examination, accompanied
25by the required fee, if he or she meets the requirements in

 

 

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1effect at the time of reapplication. If an applicant for
2licensure as a nail technician or , nail technology teacher, or
3nail technology clinic teacher is unsuccessful at 3
4examinations conducted by the Department, the applicant shall,
5before taking a subsequent examination, furnish evidence of
6successfully completing (i) for a nail technician, not less
7than 60 hours of additional study of nail technology in a
8licensed school of cosmetology approved to teach nail
9technology or nail technology and (ii) for a nail technology
10teacher or nail technology clinic teacher, not less than 80
11hours of additional study in teaching methodology and
12educational psychology in an approved school of cosmetology or
13nail technology since the applicant last took the examination.
14    An applicant who fails the fourth examination shall not
15again be admitted to an examination unless: (i) in the case of
16an applicant for a license as a nail technician, the applicant
17again takes and completes a total of 350 hours in the study of
18nail technology in an approved school of cosmetology or nail
19technology extending over a period that commences after the
20applicant fails to pass the fourth examination and that is not
21less than 8 weeks nor more than 2 consecutive years in
22duration; or (ii) in the case of an applicant for licensure as
23a nail technology teacher, the applicant again takes and
24completes a program of 625 hours of teacher training in a
25licensed an approved school of cosmetology, or nail technology,
26except that if the applicant had 2 years of practical

 

 

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1experience as a licensed nail technician within 5 years
2preceding the initial examination taken by the applicant, the
3applicant must again take and complete a program of 500 hours
4of teacher training in a licensed school of cosmetology
5approved to teach nail technology, or a licensed school of nail
6technology or a program of 250 hours of clinic teacher training
7in a licensed school of cosmetology.
8    Each applicant for licensure as a nail technician shall be
9given a written examination testing both theoretical and
10practical knowledge, which shall include, but not be limited
11to, questions that determine the applicant's knowledge of
12product chemistry, sanitary rules, sanitary procedures,
13hazardous chemicals and exposure minimization, this Act, and
14labor and compensation laws.
15    The examination for licensure as a nail technology teacher
16or nail technology clinic teacher may include knowledge of the
17subject matter, teaching methodology, classroom management,
18record keeping, and any other subjects that the Department in
19its discretion may deem necessary to insure competent
20performance.
21    This Act does not prohibit the practice of nail technology
22by a person who has applied in writing to the Department, in
23form and substance satisfactory to the Department, for a
24license as a nail technician, or the teaching of nail
25technology by one who has applied in writing to the Department,
26in form and substance satisfactory to the Department, for a

 

 

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1license as a nail technology teacher or nail technology clinic
2teacher, if the person has complied with all the provisions of
3this Act in order to qualify for a license, except the passing
4of an examination to be eligible to receive a license, until:
5(a) the expiration of 6 months after the filing of the written
6application, or (b) the decision of the Department that the
7applicant has failed to pass an examination within 6 months or
8failed without an approved excuse to take an examination
9conducted within 6 months by the Department, or (c) the
10withdrawal of the application.
11(Source: P.A. 90-302, eff. 8-1-97; 91-863, eff. 7-1-00.)
 
12    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 3C-8. License renewal; expiration; continuing
15education; persons in military service. The holder of a license
16issued under this Article may renew that license during the
17month preceding the expiration date of the license by paying
18the required fee and giving evidence, as the Department may
19prescribe, of completing not less than 10 hours of continuing
20education for a nail technician and 20 hours of continuing
21education for a nail technology teacher or nail technology
22clinic teacher, within the 2 years prior to renewal. The
23continuing education shall be in subjects approved by the
24Department upon recommendation of the Barber, Cosmetology,
25Esthetics, Hair Braiding, and Nail Technology Board Committee

 

 

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1relating to the practice of nail technology, including, but not
2limited to, review of sanitary procedures, review of chemical
3service procedures, review of this Act, and review of the
4Workers' Compensation Act. However, at least 10 of the hours of
5continuing education required for a nail technology teacher or
6nail technology clinic teacher shall be in subjects relating to
7teaching methodology, educational psychology, and classroom
8management or in other subjects related to teaching.
9    A license that has been expired or placed on inactive
10status may be restored only by payment of the restoration fee
11and submitting evidence satisfactory to the Department of the
12meeting of current qualifications and fitness of the licensee,
13including the completion of continuing education hours for the
14period subsequent to expiration.
15    A license issued under this Article that has expired while
16the holder of the license was engaged (1) in federal service on
17active duty with the Army of the United States, the United
18States Navy, the Marine Corps, the Air Force, the Coast Guard,
19or any Women's Auxiliary thereof, or the State Militia called
20into the service or training of the United States of America,
21or (2) in training or education under the supervision of the
22United States preliminary to induction into the military
23service, may be reinstated or restored without the payment of
24any lapsed renewal fees, reinstatement fee or restoration fee
25if, within 2 years after the termination of the service,
26training, or education other than by dishonorable discharge,

 

 

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1the holder furnishes the Department with an affidavit to the
2effect that the certificate holder has been so engaged and that
3the service, training, or education has been so terminated.
4    The Department, in its discretion, may waive enforcement of
5the continuing education requirement in this Section, and shall
6adopt rules defining the standards and criteria for such
7waiver, under the following circumstances:
8    (a) the licensee resides in a locality where it is
9demonstrated that the absence of opportunities for such
10education would interfere with the ability of the licensee to
11provide service to the public;
12    (b) the licensee's compliance with the continuing
13education requirements would cause a substantial financial
14hardship on the licensee;
15    (c) the licensee is serving in the United States Armed
16Forces; or
17    (d) the licensee is incapacitated due to illness.
18(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
1990-302, eff. 8-1-97.)
 
20    (225 ILCS 410/3C-9)  (from Ch. 111, par. 1703C-9)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 3C-9. Nail technicians or nail technology teachers
23licensed elsewhere Endorsement. Upon payment of the required
24fee, an applicant who is a nail technician or , nail technology
25teacher, or nail technology clinic teacher registered or

 

 

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1licensed under the laws of another state or territory of the
2United States or of a foreign country or province may be
3granted a license as a nail technician or , nail technician
4teacher, or nail technology clinic teacher by the Department in
5its discretion upon the following conditions:
6    (a) For a nail technologist registered or licensed
7elsewhere:
8        (1) the applicant is at least 16 years of age;
9        (1.5) the applicant has passed an examination
10    authorized by the Department to determine eligibility to
11    receive a license as a nail technician; and
12        (2) the requirements for the registration or licensing
13    of nail technicians in the particular state, territory,
14    country or province were, at the date of licensure,
15    substantially equivalent to the requirements then in force
16    in this State. The Department shall prescribe reasonable
17    rules and regulations governing the recognition of and the
18    credit to be given to the study of nail technology under a
19    cosmetologist or nail technician registered or licensed
20    under the laws of another state or territory of the United
21    States or a foreign country or province by an applicant for
22    a license as a nail technician.
23    (b) For a nail technology teacher or nail technology clinic
24teacher licensed or registered elsewhere:
25        (1) the applicant is at least 18 years of age;
26        (1.5) the applicant has passed an examination

 

 

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1    authorized by the Department to determine eligibility to
2    receive a license as a nail technology teacher; and
3        (2) the requirements for the licensing of nail
4    technology teachers or nail technology clinic teachers in
5    the other jurisdiction were, at the date of licensure,
6    substantially equivalent to the requirements then in force
7    in this State; or the applicant has established proof of
8    legal practice as a nail technology teacher or nail
9    technology clinic teacher in another jurisdiction for at
10    least 3 years.
11    The Department shall allow applicants who have been
12licensed to practice nail technology in other states a credit
13of at least 75 hours for each year of experience toward the
14education required under this Act.
15(Source: P.A. 94-451, eff. 12-31-05.)
 
16    (225 ILCS 410/4-1)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 4-1. Powers and duties of Department. The Department
19shall exercise, subject to the provisions of this Act, the
20following functions, powers and duties:
21        (1) To cause to be conducted examinations to ascertain
22    the qualifications and fitness of applicants for licensure
23    as cosmetologists, estheticians, nail technicians, hair
24    braiders, or barbers and as cosmetology, esthetics, nail
25    technology, hair braiding, or barber teachers.

 

 

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1        (2) To determine the qualifications for licensure as
2    (i) a cosmetologist, esthetician, nail technician, hair
3    braider, or barber, or (ii) a cosmetology, esthetics, nail
4    technology, hair braiding, or barber teacher, or (iii) a
5    cosmetology, esthetics, hair braiding, or nail technology
6    clinic teacher for persons currently holding similar
7    licenses outside the State of Illinois or the continental
8    U.S.
9        (3) To prescribe rules for:
10            (i) The method of examination of candidates for
11        licensure as a cosmetologist, esthetician, nail
12        technician, hair braider, or barber or cosmetology,
13        esthetics, nail technology, hair braiding, or barber
14        teacher.
15            (ii) Minimum standards as to what constitutes an
16        approved cosmetology, esthetics, nail technology, hair
17        braiding, or barber school.
18        (4) To conduct investigations or hearings on
19    proceedings to determine disciplinary action.
20        (5) To prescribe reasonable rules governing the
21    sanitary regulation and inspection of cosmetology,
22    esthetics, nail technology, hair braiding, or barber
23    schools, salons, or shops.
24        (6) To prescribe reasonable rules for the method of
25    renewal for each license as a cosmetologist, esthetician,
26    nail technician, hair braider, or barber or cosmetology,

 

 

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1    esthetics, nail technology, hair braiding, or barber
2    teacher or cosmetology, esthetics, hair braiding, or nail
3    technology clinic teacher.
4        (7) To prescribe reasonable rules for the method of
5    registration, the issuance, fees, renewal and discipline
6    of a certificate of registration for the ownership or
7    operation of cosmetology, esthetics, hair braiding, and
8    nail technology salons and barber shops.
9        (8) To adopt rules concerning sanitation requirements,
10    requirements for education on sanitation, and any other
11    health concerns associated with threading.
12(Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11;
1397-333, eff. 8-12-11.)
 
14    (225 ILCS 410/4-4)  (from Ch. 111, par. 1704-4)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 4-4. Issuance of license. Whenever the provisions of
17this Act have been complied with, the Department shall issue a
18license as a cosmetologist, esthetician, nail technician, hair
19braider, or barber, a license as a cosmetology, esthetics, nail
20technology, hair braiding, or barber teacher, or a license as a
21cosmetology, esthetics, hair braiding, or nail technology
22clinic teacher as the case may be.
23(Source: P.A. 96-1246, eff. 1-1-11.)
 
24    (225 ILCS 410/4-5.1)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 4-5.1. Deposit of fees and fines. Beginning July 1,
31995, all of the fees and fines collected under this Act shall
4be deposited into the General Professions Dedicated Fund.
5    The funds deposited under this Act into the General
6Professions Dedicated Fund, may be used by the Department to
7publish and distribute a newsletter to all persons licensed
8under this Act; such a newsletter should contain information
9about any changes in the Act or administrative rules concerning
10licensees cosmetologists, cosmetology teachers, or cosmetology
11clinic teachers. If appropriate funding is available, the
12Department may also distribute to all persons licensed under
13this Act copies of this Act and the appropriate administrative
14rules that apply, during the renewal process.
15(Source: P.A. 90-602, eff. 1-1-99.)
 
16    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 4-7. Refusal, suspension and revocation of licenses;
19causes; disciplinary action.
20    (1) The Department may refuse to issue or renew, and may
21suspend, revoke, place on probation, reprimand or take any
22other disciplinary or non-disciplinary action as the
23Department may deem proper, including civil penalties not to
24exceed $500 for each violation, with regard to any license for
25any one, or any combination, of the following causes:

 

 

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1        a. Conviction of any crime under the laws of the United
2    States or any state or territory thereof that is (i) a
3    felony, (ii) a misdemeanor, an essential element of which
4    is dishonesty, or (iii) a crime which is related to the
5    practice of the profession.
6        b. Conviction of any of the violations listed in
7    Section 4-20.
8        c. Material misstatement in furnishing information to
9    the Department.
10        d. Making any misrepresentation for the purpose of
11    obtaining a license or violating any provision of this Act
12    or its rules.
13        e. Aiding or assisting another person in violating any
14    provision of this Act or its rules.
15        f. Failing, within 60 days, to provide information in
16    response to a written request made by the Department.
17        g. Discipline by another state, territory, or country
18    if at least one of the grounds for the discipline is the
19    same as or substantially equivalent to those set forth in
20    this Act.
21        h. Practice in the barber, nail technology, esthetics,
22    hair braiding, or cosmetology profession, or an attempt to
23    practice in those professions, by fraudulent
24    misrepresentation.
25        i. Gross malpractice or gross incompetency.
26        j. Continued practice by a person knowingly having an

 

 

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1    infectious or contagious disease.
2        k. Solicitation of professional services by using
3    false or misleading advertising.
4        l. A finding by the Department that the licensee, after
5    having his or her license placed on probationary status,
6    has violated the terms of probation.
7        m. Directly or indirectly giving to or receiving from
8    any person, firm, corporation, partnership or association
9    any fee, commission, rebate, or other form of compensation
10    for any professional services not actually or personally
11    rendered.
12        n. Violating any of the provisions of this Act or rules
13    adopted pursuant to this Act.
14        o. Willfully making or filing false records or reports
15    relating to a licensee's practice, including but not
16    limited to, false records filed with State agencies or
17    departments.
18        p. Habitual or excessive use addiction to alcohol,
19    narcotics, stimulants, or any other chemical agent or drug
20    that results in the inability to practice with reasonable
21    judgment, skill or safety.
22        q. Engaging in dishonorable, unethical or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public as may be defined by rules of
25    the Department, or violating the rules of professional
26    conduct which may be adopted by the Department.

 

 

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1        r. Permitting any person to use for any unlawful or
2    fraudulent purpose one's diploma or license or certificate
3    of registration as a cosmetologist, nail technician,
4    esthetician, hair braider, or barber or cosmetology, nail
5    technology, esthetics, hair braiding, or barber teacher or
6    salon or shop or cosmetology, esthetics, hair braiding, or
7    nail technology clinic teacher.
8        s. Being named as a perpetrator in an indicated report
9    by the Department of Children and Family Services under the
10    Abused and Neglected Child Reporting Act and upon proof by
11    clear and convincing evidence that the licensee has caused
12    a child to be an abused child or neglected child as defined
13    in the Abused and Neglected Child Reporting Act.
14    (2) In rendering an order, the Secretary shall take into
15consideration the facts and circumstances involving the type of
16acts or omissions in paragraph (1) of this Section including,
17but not limited to:
18        (a) the extent to which public confidence in the
19    cosmetology, nail technology, esthetics, hair braiding, or
20    barbering profession was, might have been, or may be,
21    injured;
22        (b) the degree of trust and dependence among the
23    involved parties;
24        (c) the character and degree of harm which did result
25    or might have resulted;
26        (d) the intent or mental state of the licensee at the

 

 

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1    time of the acts or omissions.
2    (3) The Department shall reissue the license or
3registration upon certification by the Board Committee that the
4disciplined licensee or registrant has complied with all of the
5terms and conditions set forth in the final order or has been
6sufficiently rehabilitated to warrant the public trust.
7    (4) The Department shall may refuse to issue or renew or
8may suspend without hearing the license or certificate of
9registration of any person who fails to file a return, or to
10pay the tax, penalty or interest shown in a filed return, or to
11pay any final assessment of tax, penalty or interest, as
12required by any tax Act administered by the Illinois Department
13of Revenue, until such time as the requirements of any such tax
14Act are satisfied as determined by the Department of Revenue.
15    (5) The Department shall deny without hearing any
16application for a license or renewal of a license under this
17Act by a person who has defaulted on an educational loan
18guaranteed by the Illinois Student Assistance Commission;
19however, the Department may issue or renew a license if the
20person in default has established a satisfactory repayment
21record as determined by the Illinois Student Assistance
22Commission.
23    (6) All fines imposed under this Section shall be paid
24within 60 days after the effective date of the order imposing
25the fine or in accordance with the terms set forth in the order
26imposing the fine.

 

 

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1(Source: P.A. 96-1246, eff. 1-1-11.)
 
2    (225 ILCS 410/4-8)  (from Ch. 111, par. 1704-8)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 4-8. Persons in need of mental treatment. The
5determination by a circuit court that a licensee is subject to
6involuntary admission or judicial admission as provided in the
7Mental Health and Developmental Disabilities Code operates as
8an automatic suspension. Such suspension shall end only upon a
9finding by a court that the patient is no longer subject to
10involuntary admission or judicial admission and issues an order
11so finding and discharging the patient; and upon the
12recommendation of the Board Committee to the Secretary that the
13licensee be allowed to resume his practice.
14(Source: P.A. 96-1246, eff. 1-1-11.)
 
15    (225 ILCS 410/4-9)  (from Ch. 111, par. 1704-9)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 4-9. Practice without a license or after suspension or
18revocation thereof.
19    (a) If any person violates the provisions of this Act, the
20Secretary may, in the name of the People of the State of
21Illinois, through the Attorney General of the State of
22Illinois, petition, for an order enjoining such violation or
23for an order enforcing compliance with this Act. Upon the
24filing of a verified petition in such court, the court may

 

 

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1issue a temporary restraining order, without notice or bond,
2and may preliminarily and permanently enjoin such violation,
3and if it is established that such person has violated or is
4violating the injunction, the Court may punish the offender for
5contempt of court. Proceedings under this Section shall be in
6addition to, and not in lieu of, all other remedies and
7penalties provided by this Act.
8    (b) If any person shall practice as a barber,
9cosmetologist, nail technician, hair braider, or esthetician,
10or teacher thereof or cosmetology, esthetics, hair braiding, or
11nail technology clinic teacher or hold himself or herself out
12as such without being licensed under the provisions of this
13Act, any licensee, any interested party, or any person injured
14thereby may, in addition to the Secretary, petition for relief
15as provided in subsection (a) of this Section.
16    (c) Whenever in the opinion of the Department any person
17violates any provision of this Act, the Department may issue a
18rule to show cause why an order to cease and desist should not
19be entered against him. The rule shall clearly set forth the
20grounds relied upon by the Department and shall provide a
21period of 7 days from the date of the rule to file an answer to
22the satisfaction of the Department. Failure to answer to the
23satisfaction of the Department shall cause an order to cease
24and desist to be issued immediately.
25(Source: P.A. 96-1246, eff. 1-1-11.)
 

 

 

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1    (225 ILCS 410/4-10)  (from Ch. 111, par. 1704-10)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 4-10. Refusal, suspension and revocation of licenses;
4investigations and hearing. The Department may upon its own
5motion and shall, upon the verified complaint in writing of any
6person setting forth the facts which if proven would constitute
7grounds for disciplinary action as set forth in Section 4-7,
8investigate the actions of any person holding or claiming to
9hold a license. The Department shall, at least 30 days prior to
10the date set for the hearing, notify in writing the applicant
11or the holder of that license of any charges made and shall
12afford the accused person an opportunity to be heard in person
13or by counsel in reference thereto. The Department shall direct
14the applicant or licensee to file a written answer to the Board
15under oath within 20 days after the service of the notice and
16inform the applicant or licensee that failure to file an answer
17will result in default being taken against the applicant or
18licensee and that the license may be suspended, revoked, placed
19on probationary status, or other disciplinary action may be
20taken, including limiting the scope, nature or extent of
21practice, as the Secretary may deem proper. The written notice
22may be served by the delivery of the notice personally to the
23accused person, or by mailing the notice by registered or
24certified mail to the place of business last specified by the
25accused person in his last notification to the Department. In
26case the person fails to file an answer after receiving notice,

 

 

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1his or her license or certificate may, in the discretion of the
2Department be suspended, revoked, or placed on probationary
3status, or the Department, may take whatever disciplinary
4action deemed proper, including limiting the scope, nature, or
5extent of the person's practice or the imposition of a fine,
6without a hearing, if the act or acts charged constitute
7sufficient grounds for such action under this Act. At the time
8and place fixed in the notice, the Board Committee designated
9by the Secretary, as provided in this Act, shall proceed to
10hearing of the charges and both the accused person and the
11complainant shall be accorded ample opportunity to present in
12person or by counsel, any statements, testimony, evidence and
13arguments as may be pertinent to the charges or their defense.
14The Board Committee may continue a hearing from time to time.
15If the Committee is not sitting at the time and place fixed in
16the notice or at the time and place to which hearing has been
17continued, the Department shall continue the hearing for not
18more than 30 days.
19(Source: P.A. 96-1246, eff. 1-1-11.)
 
20    (225 ILCS 410/4-11)  (from Ch. 111, par. 1704-11)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 4-11. Record of proceedings. The Department, at its
23expense, shall provide a stenographer to take down the
24testimony and preserve a record of all proceedings at the
25hearing of any case wherein a license is revoked or suspended.

 

 

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1The notice of hearing, complaint and all other documents in the
2nature of pleadings and written motions filed in the
3proceedings, the transcript of testimony, the report of the
4Board Committee and the orders of the Department shall be the
5record of such proceedings.
6(Source: P.A. 89-387, eff. 1-1-96.)
 
7    (225 ILCS 410/4-12)  (from Ch. 111, par. 1704-12)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 4-12. Department may take testimony - oaths. The
10Department shall have power to subpoena and bring before it any
11person in this State and to take testimony either orally or by
12deposition, or both, with the same fees and mileage and in the
13same manner as prescribed by law in judicial procedure in civil
14cases in courts of this State.
15    The Secretary, any hearing officer appointed by the
16Secretary, and any member of the Board Committee shall each
17have power to administer oaths to witnesses at any hearing
18which the Department is authorized by law to conduct, and any
19other oaths required or authorized in any Act administered by
20the Department.
21(Source: P.A. 96-1246, eff. 1-1-11.)
 
22    (225 ILCS 410/4-14)  (from Ch. 111, par. 1704-14)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 4-14. Report of Board committee; rehearing. The Board

 

 

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1Committee shall present to the Secretary its written report of
2its findings and recommendations. A copy of such report shall
3be served upon the accused person, either personally or by
4registered mail as provided in this Section for the service of
5the citation. Within 20 days after such service, said accused
6person may present to the Department his or her motion in
7writing for rehearing, which written motion shall specify the
8particular grounds therefor. If said accused person shall order
9and pay for a transcript of the record as provided in this
10Section, the time elapsing thereafter and before such
11transcript is ready for delivery to him or her shall not be
12counted as part of such 20 days. Whenever the Secretary is
13satisfied that substantial justice has not been done, he or she
14may order a re-hearing by the same or a special committee. At
15the expiration of the time specified for filing a motion or a
16rehearing the Secretary shall have the right to take the action
17recommended by the Board Committee. Upon the suspension or
18revocation of his or her license a licensee shall be required
19to surrender his or her license to the Department, and upon his
20or her failure or refusal so to do, the Department shall have
21the right to seize the same.
22(Source: P.A. 96-1246, eff. 1-1-11.)
 
23    (225 ILCS 410/4-15)  (from Ch. 111, par. 1704-15)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 4-15. Hearing officer. Notwithstanding the

 

 

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1provisions of Section 4-10, the Secretary shall have the
2authority to appoint any attorney duly licensed to practice law
3in the State of Illinois to serve as the hearing officer in any
4action for refusal to issue or renew, or discipline of a
5license. The hearing officer shall have full authority to
6conduct the hearing. The hearing officer shall report his or
7her findings and recommendations to the Board Committee and the
8Secretary. The Board Committee shall have 60 days from receipt
9of the report to review the report of the hearing officer and
10present their findings of fact, conclusions of law, and
11recommendations to the Secretary. If the Board Committee fails
12to present its report within the 60 day period, then the
13Secretary shall issue an order based on the report of the
14hearing officer. If the Secretary determines that the Board's
15Committee's report is contrary to the manifest weight of the
16evidence, then he or she may issue an order in contravention of
17the Board's Committee's report.
18(Source: P.A. 96-1246, eff. 1-1-11.)
 
19    (225 ILCS 410/4-16)  (from Ch. 111, par. 1704-16)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 4-16. Order or certified copy; prima facie proof. An
22order of revocation or suspension or a certified copy thereof,
23over the seal of the Department and purporting to be signed by
24the Secretary, shall be prima facie proof that:
25        1. the signature is the genuine signature of the

 

 

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1    Secretary;
2        2. the Secretary is duly appointed and qualified; and
3        3. the Board Committee and the members thereof are
4    qualified to act.
5Such proof may be rebutted.
6(Source: P.A. 96-1246, eff. 1-1-11.)
 
7    (225 ILCS 410/4-17)  (from Ch. 111, par. 1704-17)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 4-17. Restoration of license. At any time after the
10successful completion of a term of suspension or revocation of
11a license any certificate, the Department may restore it to the
12licensee accused person without examination, upon the written
13recommendation of the Board Committee.
14(Source: P.A. 89-387, eff. 1-1-96.)
 
15    (225 ILCS 410/4-19)  (from Ch. 111, par. 1704-19)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 4-19. Emergency suspension. The Secretary may
18temporarily suspend the license of a barber, cosmetologist,
19nail technician, hair braider, esthetician or teacher thereof
20or of a cosmetology, esthetics, hair braiding, or nail
21technology clinic teacher without a hearing, simultaneously
22with the institution of proceedings for a hearing provided for
23in Section 4-10 of this Act, if the Secretary finds that
24evidence in his possession indicates that the licensee's

 

 

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1continuation in practice would constitute an imminent danger to
2the public. In the event that the Secretary suspends,
3temporarily, this license without a hearing, a hearing must be
4commenced held within 30 days after such suspension has
5occurred.
6(Source: P.A. 96-1246, eff. 1-1-11.)
 
7    (225 ILCS 410/4-20)  (from Ch. 111, par. 1704-20)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 4-20. Violations; penalties. Whoever violates any of
10the following shall, for the first offense, be guilty of a
11Class B misdemeanor; for the second offense, shall be guilty of
12a Class A misdemeanor; and for all subsequent offenses, shall
13be guilty of a Class 4 felony and be fined not less than $1,000
14or more than $5,000.
15    (1) The practice of cosmetology, nail technology,
16esthetics, hair braiding, or barbering or an attempt to
17practice cosmetology, nail technology, esthetics, hair
18braiding, or barbering without a license as a cosmetologist,
19nail technician, esthetician, hair braider, or barber; or the
20practice or attempt to practice as a cosmetology, nail
21technology, esthetics, hair braiding, or barber teacher
22without a license as a cosmetology, nail technology, esthetics,
23hair braiding, or barber teacher; or the practice or attempt to
24practice as a cosmetology, esthetics, hair braiding, or nail
25technology clinic teacher without a proper license.

 

 

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1    (2) The obtaining of or an attempt to obtain a license or
2money or any other thing of value by fraudulent
3misrepresentation.
4    (3) Practice in the barber, nail technology, cosmetology,
5hair braiding, or esthetic profession, or an attempt to
6practice in those professions, by fraudulent
7misrepresentation.
8    (4) Wilfully making any false oath or affirmation whenever
9an oath or affirmation is required by this Act.
10    (5) The violation of any of the provisions of this Act.
11(Source: P.A. 96-1246, eff. 1-1-11.)
 
12    (225 ILCS 410/4-22)  (from Ch. 111, par. 1704-22)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 4-22. Certifications of record; costs. The Department
15shall not be required to certify any record to the Court or
16file any answer in court or otherwise appear in any Court in a
17judicial review proceeding, unless and until the Department has
18received from the plaintiff there is filed in the Court, with
19the complaint, a receipt from the Department acknowledging
20payment of the costs of furnishing and certifying the record,
21which costs shall be determined by the Department. Exhibits
22shall be certified without cost. Failure on the part of the
23plaintiff to file a receipt in Court shall be grounds for
24dismissal of the action.
25(Source: P.A. 87-1031.)
 

 

 

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1    (225 ILCS 410/4-24 new)
2    Sec. 4-24. Confidentiality. All information collected by
3the Department in the course of an examination or investigation
4of a licensee or applicant, including, but not limited to, any
5complaint against a licensee filed with the Department and
6information collected to investigate any such complaint, shall
7be maintained for the confidential use of the Department and
8shall not be disclosed. The Department may not disclose the
9information to anyone other than law enforcement officials,
10other regulatory agencies that have an appropriate regulatory
11interest as determined by the Secretary, or a party presenting
12a lawful subpoena to the Department. Information and documents
13disclosed to a federal, State, county, or local law enforcement
14agency shall not be disclosed by the agency for any purpose to
15any other agency or person. A formal complaint filed against a
16licensee by the Department or any order issued by the
17Department against a licensee or applicant shall be a public
18record, except as otherwise prohibited by law.
 
19    (225 ILCS 410/Art. IIA rep.)
20    Section 10. The Barber, Cosmetology, Esthetics, Hair
21Braiding, and Nail Technology Act of 1985 is amended by
22repealing Article IIA.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 410/1-2from Ch. 111, par. 1701-2
4    225 ILCS 410/1-4
5    225 ILCS 410/1-7from Ch. 111, par. 1701-7
6    225 ILCS 410/2-4from Ch. 111, par. 1702-4
7    225 ILCS 410/2-9
8    225 ILCS 410/3-1from Ch. 111, par. 1703-1
9    225 ILCS 410/3-7from Ch. 111, par. 1703-7
10    225 ILCS 410/3-8from Ch. 111, par. 1703-8
11    225 ILCS 410/3A-1from Ch. 111, par. 1703A-1
12    225 ILCS 410/3A-3from Ch. 111, par. 1703A-3
13    225 ILCS 410/3A-5from Ch. 111, par. 1703A-5
14    225 ILCS 410/3A-6from Ch. 111, par. 1703A-6
15    225 ILCS 410/3A-7from Ch. 111, par. 1703A-7
16    225 ILCS 410/Art. IIIB
17    heading
18    225 ILCS 410/3B-1from Ch. 111, par. 1703B-1
19    225 ILCS 410/3B-10
20    225 ILCS 410/3B-11
21    225 ILCS 410/3B-12
22    225 ILCS 410/3B-15
23    225 ILCS 410/3B-16 new
24    225 ILCS 410/3C-1from Ch. 111, par. 1703C-1
25    225 ILCS 410/3C-3from Ch. 111, par. 1703C-3

 

 

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1    225 ILCS 410/3C-7from Ch. 111, par. 1703C-7
2    225 ILCS 410/3C-8from Ch. 111, par. 1703C-8
3    225 ILCS 410/3C-9from Ch. 111, par. 1703C-9
4    225 ILCS 410/4-1
5    225 ILCS 410/4-4from Ch. 111, par. 1704-4
6    225 ILCS 410/4-5.1
7    225 ILCS 410/4-7from Ch. 111, par. 1704-7
8    225 ILCS 410/4-8from Ch. 111, par. 1704-8
9    225 ILCS 410/4-9from Ch. 111, par. 1704-9
10    225 ILCS 410/4-10from Ch. 111, par. 1704-10
11    225 ILCS 410/4-11from Ch. 111, par. 1704-11
12    225 ILCS 410/4-12from Ch. 111, par. 1704-12
13    225 ILCS 410/4-14from Ch. 111, par. 1704-14
14    225 ILCS 410/4-15from Ch. 111, par. 1704-15
15    225 ILCS 410/4-16from Ch. 111, par. 1704-16
16    225 ILCS 410/4-17from Ch. 111, par. 1704-17
17    225 ILCS 410/4-19from Ch. 111, par. 1704-19
18    225 ILCS 410/4-20from Ch. 111, par. 1704-20
19    225 ILCS 410/4-22from Ch. 111, par. 1704-22
20    225 ILCS 410/4-24 new
21    225 ILCS 410/Art. IIA rep.