Illinois General Assembly - Full Text of SB1110
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Full Text of SB1110  93rd General Assembly

SB1110sam001 93rd General Assembly


093_SB1110sam001

 










                                     LRB093 03744 AMC 14044 a

 1                    AMENDMENT TO SENATE BILL 1110

 2        AMENDMENT NO.     .  Amend Senate Bill 1110 by  replacing
 3    the title with the following:
 4        "AN ACT concerning professional regulation."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

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

10        (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
11        (Section scheduled to be repealed on January 1, 2006)
12        Sec.  3-1.  Cosmetology  defined.    Any   one   or   any
13    combination   of  the  following  practices  constitutes  the
14    practice of cosmetology when done for cosmetic or beautifying
15    purposes and not for the treatment of disease or of  muscular
16    or  nervous disorder: arranging, braiding (except as provided
17    under Article IIIE), dressing,  cutting,  trimming,  curling,
18    waving, chemical restructuring, shaping, singeing, bleaching,
19    coloring  or similar work, upon the hair of the head; cutting
20    or trimming facial  hair  of  any  person;  any  practice  of
21    manicuring, pedicuring, decorating nails, applying sculptured
 
                            -2-      LRB093 03744 AMC 14044 a
 1    nails   or   otherwise  artificial  nails  by  hand  or  with
 2    mechanical or electrical apparatus or appliances, or  in  any
 3    way  caring  for  the  nails or the skin of the hands or feet
 4    including massaging the  hands,  arms,  elbows,  feet,  lower
 5    legs,  and  knees  of  another  person  for  other  than  the
 6    treatment  of medical disorders; any practice of epilation or
 7    depilation of any person; any practice  for  the  purpose  of
 8    cleansing,  massaging  or  toning  the  skin  of  the  scalp;
 9    beautifying,  massaging,  cleansing,  exfoliating the stratum
10    corneum of the epidermis, or  stimulating  the  skin  of  the
11    human  body by the use of cosmetic preparations, antiseptics,
12    body treatments, body wraps, the use of hydrotherapy, tonics,
13    lotions or creams or any device, electrical or otherwise, for
14    the care of the skin; applying make-up or  eyelashes  to  any
15    person, tinting eyelashes and eyebrows and lightening hair on
16    the  body  and removing superfluous hair from the body of any
17    person by the use of depilatories, waxing or  tweezers.   The
18    term  "cosmetology" does not include the services provided by
19    an electrologist.  Nail technology is the  practice  and  the
20    study  of  cosmetology  only  to  the  extent  of manicuring,
21    pedicuring, decorating, and applying sculptured or  otherwise
22    artificial  nails,  or  in any way caring for the nail or the
23    skin of the hands or  feet  including  massaging  the  hands,
24    arms,  elbows,  feet,  lower legs, and knees.  Cosmetologists
25    are  prohibited  from  performing  any  procedure  that   may
26    puncture  or abrade the skin below the stratum corneum of the
27    epidermis or remove closed milia (whiteheads) which may  draw
28    blood  or  serous  body fluid.  The term cosmetology includes
29    rendering advice on what is cosmetically  appealing,  but  no
30    person licensed under this Act shall render advice on what is
31    appropriate  medical  treatment  for  diseases  of  the skin.
32    Purveyors of cosmetics may demonstrate such cosmetic products
33    in conjunction with any sales  promotion  and  shall  not  be
34    required  to  hold a license under this Act.  Nothing in this
 
                            -3-      LRB093 03744 AMC 14044 a
 1    Act shall be construed to prohibit the shampooing of hair  by
 2    persons  employed  for that purpose and who perform that task
 3    under the direct supervision of a licensed  cosmetologist  or
 4    licensed cosmetology teacher.
 5    (Source: P.A. 91-863, eff. 7-1-00.)

 6        (225 ILCS 410/Art. IIIE heading new)
 7                 ARTICLE IIIE.  HAIR BRAIDING SHOPS

 8        (225 ILCS 410/3E-5 new)
 9        (Section scheduled to be repealed on January 1, 2006)
10        Sec. 3E-5.  Requisites for ownership or operation of hair
11    braiding shops.
12        (a)  No  person,  firm,  partnership,  limited  liability
13    company,  or corporation shall own or operate a hair braiding
14    shop  without  first  applying  on  forms  provided  by   the
15    Department  for  a  certificate  of  registration.   All hair
16    braiding shops in operation on the  effective  date  of  this
17    amendatory  Act  of  the 93rd General Assembly shall register
18    with the Department within 30 days after the  effective  date
19    of this amendatory Act of the 93rd General Assembly.
20        (b)  The  application  for  a certificate of registration
21    under this Section shall set forth  the  name,  address,  and
22    telephone  number  of  the  hair  braiding  shop;  the  name,
23    address,   and   telephone   number   of  the  person,  firm,
24    partnership, or corporation that is to  own  or  operate  the
25    shop;  and,  if  the  shop  is  to be owned or operated by an
26    entity other than  an  individual,  the  name,  address,  and
27    telephone  number  of  the  managing  partner  or  the  chief
28    executive  officer  of  the  corporation or other entity that
29    owns or operates the shop.
30        (c)  The Department shall be notified  by  the  owner  or
31    operator of a shop that is moved to a new location.  If there
32    is  a change in the ownership or operation of a shop, the new
 
                            -4-      LRB093 03744 AMC 14044 a
 1    owner or operator shall report that change to the  Department
 2    along  with  completion  of  any  additional requirements set
 3    forth by rule.
 4        (d)  If a person, firm,  partnership,  limited  liability
 5    company,  or corporation owns or operates more than one shop,
 6    a separate certificate of registration must be  obtained  for
 7    each shop.
 8        (e)  A  certificate  of  registration  granted under this
 9    Section may be revoked in accordance with the  provisions  of
10    Article IV and the holder of the certificate may be otherwise
11    disciplined  by  the  Department  in  accordance  with  rules
12    adopted under this Act.
13        (f)  The  owner  or operator of a hair braiding shop must
14    be a licensed cosmetologist, except as provided in subsection
15    (h).
16        (g)  Each person employed as a hair  braider  at  a  hair
17    braiding  shop  must  have completed 500 hours of cosmetology
18    instruction in the areas  of  health,  safety,  and  hygiene,
19    except as provided in subsection (h).
20        (h)  Notwithstanding  the other provisions of this Act, a
21    person who is  not  a  licensed  cosmetologist  but,  on  the
22    effective  date  of  this  Section,  owned or operated or was
23    employed as a hair braider at a  shop  that  registers  under
24    this  Section  within  30  days after that effective date may
25    provide  hair  braiding  services  at  that  shop  under  the
26    following conditions:
27             (1)  for a period  of  up  to  7  months  after  the
28        effective  date  of  this  Section,  while  the person is
29        engaged  in   completing   500   hours   of   cosmetology
30        instruction  in the areas of health, safety, and hygiene,
31        provided that the hair  braiding  services  are  provided
32        under  the direct supervision of a licensed cosmetologist
33        who is on the shop premises at all times  and  supervises
34        the application of any chemicals, dyes, or colorings, the
 
                            -5-      LRB093 03744 AMC 14044 a
 1        cutting of hair, and hygiene matters; and
 2             (2)  in  the  case  of  an  owner  or  operator  who
 3        completes the 500 hours of cosmetology instruction in the
 4        areas  of  health, safety, and hygiene within the initial
 5        7-month  period  in  a   manner   satisfactory   to   the
 6        Department,  then  for  an  additional period of up to 12
 7        months while the owner or operator  continues  to  pursue
 8        the   cosmetology  instruction  required  for  licensure,
 9        provided that the hair  braiding  services  are  provided
10        under  the  direct  or indirect supervision of a licensed
11        cosmetologist who is  either  on  the  shop  premises  or
12        available   on  call  to  answer  questions  and  address
13        problems.
14        To become eligible  to  provide  hair  braiding  services
15    under  this  subsection  (h), a person must register with the
16    Department within the 30 days after  the  effective  date  of
17    this Section.  To remain eligible, a person must provide from
18    time  to  time  such  documentation  as  the  Department  may
19    require.
20        (i)  The   Department   may   promulgate  rules  for  the
21    administration of this Section and may  establish  additional
22    requirements for owning or operating a hair braiding shop.
23    (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.".