Illinois General Assembly - Full Text of HB2231
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Full Text of HB2231  93rd General Assembly

HB2231ham004 93rd General Assembly


093_HB2231ham004











                                     LRB093 08339 AMC 14481 a

 1                    AMENDMENT TO HOUSE BILL 2231

 2        AMENDMENT NO.     .  Amend House Bill 2231,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Barber, Cosmetology, Esthetics, and Nail
 6    Technology Act of 1985 is amended by changing Section 3-1 and
 7    adding Article IIIE as follows:

 8        (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
 9        (Section scheduled to be repealed on January 1, 2006)
10        Sec.  3-1.  Cosmetology  defined.    Any   one   or   any
11    combination   of  the  following  practices  constitutes  the
12    practice of cosmetology when done for cosmetic or beautifying
13    purposes and not for the treatment of disease or of  muscular
14    or  nervous disorder: arranging, braiding (except as provided
15    under Article IIIE), dressing,  cutting,  trimming,  curling,
16    waving, chemical restructuring, shaping, singeing, bleaching,
17    coloring  or similar work, upon the hair of the head; cutting
18    or trimming facial  hair  of  any  person;  any  practice  of
19    manicuring, pedicuring, decorating nails, applying sculptured
20    nails   or   otherwise  artificial  nails  by  hand  or  with
21    mechanical or electrical apparatus or appliances, or  in  any
22    way  caring  for  the  nails or the skin of the hands or feet
 
                            -2-      LRB093 08339 AMC 14481 a
 1    including massaging the  hands,  arms,  elbows,  feet,  lower
 2    legs,  and  knees  of  another  person  for  other  than  the
 3    treatment  of medical disorders; any practice of epilation or
 4    depilation of any person; any practice  for  the  purpose  of
 5    cleansing,  massaging  or  toning  the  skin  of  the  scalp;
 6    beautifying,  massaging,  cleansing,  exfoliating the stratum
 7    corneum of the epidermis, or  stimulating  the  skin  of  the
 8    human  body by the use of cosmetic preparations, antiseptics,
 9    body treatments, body wraps, the use of hydrotherapy, tonics,
10    lotions or creams or any device, electrical or otherwise, for
11    the care of the skin; applying make-up or  eyelashes  to  any
12    person, tinting eyelashes and eyebrows and lightening hair on
13    the  body  and removing superfluous hair from the body of any
14    person by the use of depilatories, waxing or  tweezers.   The
15    term  "cosmetology" does not include the services provided by
16    an electrologist.  Nail technology is the  practice  and  the
17    study  of  cosmetology  only  to  the  extent  of manicuring,
18    pedicuring, decorating, and applying sculptured or  otherwise
19    artificial  nails,  or  in any way caring for the nail or the
20    skin of the hands or  feet  including  massaging  the  hands,
21    arms,  elbows,  feet,  lower legs, and knees.  Cosmetologists
22    are  prohibited  from  performing  any  procedure  that   may
23    puncture  or abrade the skin below the stratum corneum of the
24    epidermis or remove closed milia (whiteheads) which may  draw
25    blood  or  serous  body fluid.  The term cosmetology includes
26    rendering advice on what is cosmetically  appealing,  but  no
27    person licensed under this Act shall render advice on what is
28    appropriate  medical  treatment  for  diseases  of  the skin.
29    Purveyors of cosmetics may demonstrate such cosmetic products
30    in conjunction with any sales  promotion  and  shall  not  be
31    required  to  hold a license under this Act.  Nothing in this
32    Act shall be construed to prohibit the shampooing of hair  by
33    persons  employed  for that purpose and who perform that task
34    under the direct supervision of a licensed  cosmetologist  or
 
                            -3-      LRB093 08339 AMC 14481 a
 1    licensed cosmetology teacher.
 2    (Source: P.A. 91-863, eff. 7-1-00.)

 3        (225 ILCS 410/Art. IIIE heading new)
 4                 ARTICLE IIIE.  HAIR BRAIDING SHOPS

 5        (225 ILCS 410/3E-5 new)
 6        (Section scheduled to be repealed on January 1, 2006)
 7        Sec. 3E-5.  Requisites for ownership or operation of hair
 8    braiding shops.
 9        (a)  No  person,  firm,  partnership,  limited  liability
10    company,  or corporation shall own or operate a hair braiding
11    shop  without  first  applying  on  forms  provided  by   the
12    Department  for  a  certificate  of  registration.   All hair
13    braiding shops in operation on the  effective  date  of  this
14    amendatory  Act  of  the 93rd General Assembly shall register
15    with the Department within 30 days after the  effective  date
16    of this amendatory Act of the 93rd General Assembly.
17        (b)  The  application  for  a certificate of registration
18    under this Section shall set forth  the  name,  address,  and
19    telephone  number  of  the  hair  braiding  shop;  the  name,
20    address,   and   telephone   number   of  the  person,  firm,
21    partnership, or corporation that is to  own  or  operate  the
22    shop;  and,  if  the  shop  is  to be owned or operated by an
23    entity other than  an  individual,  the  name,  address,  and
24    telephone  number  of  the  managing  partner  or  the  chief
25    executive  officer  of  the  corporation or other entity that
26    owns or operates the shop.
27        (c)  The Department shall be notified  by  the  owner  or
28    operator of a shop that is moved to a new location.  If there
29    is  a change in the ownership or operation of a shop, the new
30    owner or operator shall report that change to the  Department
31    along  with  completion  of  any  additional requirements set
32    forth by rule.
 
                            -4-      LRB093 08339 AMC 14481 a
 1        (d)  If a person, firm,  partnership,  limited  liability
 2    company,  or corporation owns or operates more than one shop,
 3    a separate certificate of registration must be  obtained  for
 4    each shop.
 5        (e)  A  certificate  of  registration  granted under this
 6    Section may be revoked in accordance with the  provisions  of
 7    Article IV and the holder of the certificate may be otherwise
 8    disciplined  by  the  Department  in  accordance  with  rules
 9    adopted under this Act.
10        (f)  The  owner  or operator of a hair braiding shop must
11    be a licensed cosmetologist who works on the premises of  the
12    hair braiding shop, except as provided in subsection (h).
13        (g)  Each  person  employed  as  a hair braider at a hair
14    braiding  shop  must  (i)  have  completed   500   hours   of
15    cosmetology  instruction  in the areas of health, safety, and
16    hygiene and (ii) have passed an examination as determined  by
17    the Department, except as provided in subsection (h).
18        (h)  Notwithstanding  the other provisions of this Act, a
19    person who is  not  a  licensed  cosmetologist  but,  on  the
20    effective  date  of  this  Section,  owned or operated or was
21    employed as a hair braider at a  shop  that  registers  under
22    this  Section  within  30  days after that effective date may
23    braid hair at that shop under the following conditions:
24             (1)  for a period  of  up  to  8  months  after  the
25        effective  date  of  this  Section,  while  the person is
26        engaged  in   completing   500   hours   of   cosmetology
27        instruction  in the areas of health, safety, and hygiene,
28        provided that the act of braiding is performed under  the
29        direct  supervision of a licensed cosmetologist who is on
30        the shop premises at all times to perform the application
31        of any chemicals, dyes,  or  colorings,  the  cutting  of
32        hair, and hygiene-related services; and
33             (2)  in  the  case  of  an  owner  or  operator  who
34        completes the 500 hours of cosmetology instruction in the
 
                            -5-      LRB093 08339 AMC 14481 a
 1        areas  of  health, safety, and hygiene within the initial
 2        8-month  period  in  a   manner   satisfactory   to   the
 3        Department,  then  for  an  additional period of up to 16
 4        months while the owner or operator  continues  to  pursue
 5        the   cosmetology  instruction  required  for  licensure,
 6        provided that the act of braiding is performed under  the
 7        direct  supervision  of  a  licensed cosmetologist who is
 8        either on the shop  premises  or  available  on  call  to
 9        perform  the  application  of  any  chemicals,  dyes,  or
10        colorings,  the  cutting  of  hair,  and  hygiene-related
11        services.
12        To  become  eligible  to  provide  hair braiding services
13    under this subsection (h), a person must  register  with  the
14    Department  within  the  30  days after the effective date of
15    this Section.  To remain eligible, a person must provide from
16    time  to  time  such  documentation  as  the  Department  may
17    require.
18        (i)  The  Department  may  promulgate   rules   for   the
19    administration  of  this Section and may establish additional
20    requirements for owning or operating a hair braiding shop.
21    (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)

22        Section 99. Effective date.  This Act takes  effect  upon
23    becoming law.".