Illinois General Assembly - Full Text of HB6313
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Full Text of HB6313  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/11/2016, by Rep. Jehan A. Gordon-Booth


225 ILCS 410/4-7  from Ch. 111, par. 1704-7

    Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Allows the Department of Financial and Professional Regulation to refuse to issue or renew, suspend, revoke, place on probation, reprimand, or take any other disciplinary or non-disciplinary action as the Department may deem proper to any license under the Act for conviction of (i) first degree murder, a Class X or Class 1 felony, or any similar offense or offenses in any jurisdiction (rather than any felony), (ii) a misdemeanor or felony (rather than just a misdemeanor), an essential element of which is dishonesty, or (iii) a crime which is related to the practice of the profession. Effective immediately.

LRB099 18212 SMS 42580 b






HB6313LRB099 18212 SMS 42580 b

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 Section 4-7 as follows:
7    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 4-7. Refusal, suspension and revocation of licenses;
10causes; disciplinary action.
11    (1) The Department may refuse to issue or renew, and may
12suspend, revoke, place on probation, reprimand or take any
13other disciplinary or non-disciplinary action as the
14Department may deem proper, including civil penalties not to
15exceed $500 for each violation, with regard to any license for
16any one, or any combination, of the following causes:
17        a. Conviction of any crime under the laws of the United
18    States or any state or territory thereof that is (i) first
19    degree murder, a Class X or Class 1 felony, or any other
20    similar offense or offenses in any court of competent
21    jurisdiction in this or any other state, district, or
22    territory of the United States or of a foreign country,
23    (ii) a misdemeanor or a felony, an essential element of



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



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



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1    esthetician, hair braider, or barber or cosmetology, nail
2    technology, esthetics, hair braiding, or barber teacher or
3    salon or shop or cosmetology clinic teacher.
4        s. Being named as a perpetrator in an indicated report
5    by the Department of Children and Family Services under the
6    Abused and Neglected Child Reporting Act and upon proof by
7    clear and convincing evidence that the licensee has caused
8    a child to be an abused child or neglected child as defined
9    in the Abused and Neglected Child Reporting Act.
10        t. Operating a salon or shop without a valid
11    registration.
12        u. Failure to complete required continuing education
13    hours.
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 may reissue the license or registration
3upon certification by the Board that the disciplined licensee
4or registrant has complied with all of the terms and conditions
5set forth in the final order or has been sufficiently
6rehabilitated to warrant the public trust.
7    (4) The Department shall refuse to issue or renew or
8suspend 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
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. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.