093_SB1110sam002











                                     LRB093 03744 AMC 14482 a

 1                    AMENDMENT TO SENATE BILL 1110

 2        AMENDMENT NO.     .  Amend Senate Bill 1110 by  replacing
 3    everything after the enacting clause with the following:

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

 7        (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
 8        (Section scheduled to be repealed on January 1, 2006)
 9        Sec.   3-1.   Cosmetology   defined.    Any  one  or  any
10    combination  of  the  following  practices  constitutes   the
11    practice of cosmetology when done for cosmetic or beautifying
12    purposes  and not for the treatment of disease or of muscular
13    or nervous disorder: arranging, braiding (except as  provided
14    under  Article  IIIE),  dressing, cutting, trimming, curling,
15    waving, chemical restructuring, shaping, singeing, bleaching,
16    coloring or similar work, upon the hair of the head;  cutting
17    or  trimming  facial  hair  of  any  person;  any practice of
18    manicuring, pedicuring, decorating nails, applying sculptured
19    nails  or  otherwise  artificial  nails  by  hand   or   with
20    mechanical  or  electrical apparatus or appliances, or in any
21    way caring for the nails or the skin of  the  hands  or  feet
22    including  massaging  the  hands,  arms,  elbows, feet, lower
 
                            -2-      LRB093 03744 AMC 14482 a
 1    legs,  and  knees  of  another  person  for  other  than  the
 2    treatment of medical disorders; any practice of epilation  or
 3    depilation  of  any  person;  any practice for the purpose of
 4    cleansing,  massaging  or  toning  the  skin  of  the  scalp;
 5    beautifying, massaging, cleansing,  exfoliating  the  stratum
 6    corneum  of  the  epidermis,  or  stimulating the skin of the
 7    human body by the use of cosmetic preparations,  antiseptics,
 8    body treatments, body wraps, the use of hydrotherapy, tonics,
 9    lotions or creams or any device, electrical or otherwise, for
10    the  care  of  the skin; applying make-up or eyelashes to any
11    person, tinting eyelashes and eyebrows and lightening hair on
12    the body and removing superfluous hair from the body  of  any
13    person  by  the use of depilatories, waxing or tweezers.  The
14    term "cosmetology" does not include the services provided  by
15    an  electrologist.   Nail  technology is the practice and the
16    study of  cosmetology  only  to  the  extent  of  manicuring,
17    pedicuring,  decorating, and applying sculptured or otherwise
18    artificial nails, or in any way caring for the  nail  or  the
19    skin  of  the  hands  or  feet including massaging the hands,
20    arms, elbows, feet, lower legs, and  knees.    Cosmetologists
21    are   prohibited  from  performing  any  procedure  that  may
22    puncture or abrade the skin below the stratum corneum of  the
23    epidermis  or remove closed milia (whiteheads) which may draw
24    blood or serous body fluid.  The  term  cosmetology  includes
25    rendering  advice  on  what is cosmetically appealing, but no
26    person licensed under this Act shall render advice on what is
27    appropriate medical  treatment  for  diseases  of  the  skin.
28    Purveyors of cosmetics may demonstrate such cosmetic products
29    in  conjunction  with  any  sales  promotion and shall not be
30    required to hold a license under this Act.  Nothing  in  this
31    Act  shall be construed to prohibit the shampooing of hair by
32    persons employed for that purpose and who perform  that  task
33    under  the  direct supervision of a licensed cosmetologist or
34    licensed cosmetology teacher.
 
                            -3-      LRB093 03744 AMC 14482 a
 1    (Source: P.A. 91-863, eff. 7-1-00.)

 2        (225 ILCS 410/Art. IIIE heading new)
 3                 ARTICLE IIIE.  HAIR BRAIDING SHOPS

 4        (225 ILCS 410/3E-5 new)
 5        (Section scheduled to be repealed on January 1, 2006)
 6        Sec. 3E-5.  Requisites for ownership or operation of hair
 7    braiding shops.
 8        (a)  No  person,  firm,  partnership,  limited  liability
 9    company, or corporation shall own or operate a hair  braiding
10    shop   without  first  applying  on  forms  provided  by  the
11    Department for  a  certificate  of  registration.   All  hair
12    braiding  shops  in  operation  on the effective date of this
13    amendatory Act of the 93rd General  Assembly  shall  register
14    with  the  Department within 30 days after the effective date
15    of this amendatory Act of the 93rd General Assembly.
16        (b)  The application for a  certificate  of  registration
17    under  this  Section  shall  set forth the name, address, and
18    telephone  number  of  the  hair  braiding  shop;  the  name,
19    address,  and  telephone  number   of   the   person,   firm,
20    partnership,  or  corporation  that  is to own or operate the
21    shop; and, if the shop is to  be  owned  or  operated  by  an
22    entity  other  than  an  individual,  the  name, address, and
23    telephone  number  of  the  managing  partner  or  the  chief
24    executive officer of the corporation  or  other  entity  that
25    owns or operates the shop.
26        (c)  The  Department  shall  be  notified by the owner or
27    operator of a shop that is moved to a new location.  If there
28    is a change in the ownership or operation of a shop, the  new
29    owner  or operator shall report that change to the Department
30    along with completion  of  any  additional  requirements  set
31    forth by rule.
32        (d)  If  a  person,  firm, partnership, limited liability
 
                            -4-      LRB093 03744 AMC 14482 a
 1    company, or corporation owns or operates more than one  shop,
 2    a  separate  certificate of registration must be obtained for
 3    each shop.
 4        (e)  A certificate of  registration  granted  under  this
 5    Section  may  be revoked in accordance with the provisions of
 6    Article IV and the holder of the certificate may be otherwise
 7    disciplined  by  the  Department  in  accordance  with  rules
 8    adopted under this Act.
 9        (f)  The owner or operator of a hair braiding  shop  must
10    be  a licensed cosmetologist who works on the premises of the
11    hair braiding shop, except as provided in subsection (h).
12        (g)  Each person employed as a hair  braider  at  a  hair
13    braiding   shop   must   (i)  have  completed  500  hours  of
14    cosmetology instruction in the areas of health,  safety,  and
15    hygiene  and (ii) have passed an examination as determined by
16    the Department, except as provided in subsection (h).
17        (h)  Notwithstanding the other provisions of this Act,  a
18    person  who  is  not  a  licensed  cosmetologist  but, on the
19    effective date of this Section,  owned  or  operated  or  was
20    employed  as  a  hair  braider at a shop that registers under
21    this Section within 30 days after  that  effective  date  may
22    braid hair at that shop under the following conditions:
23             (1)  for  a  period  of  up  to  8  months after the
24        effective date of  this  Section,  while  the  person  is
25        engaged   in   completing   500   hours   of  cosmetology
26        instruction in the areas of health, safety, and  hygiene,
27        provided  that the act of braiding is performed under the
28        direct supervision of a licensed cosmetologist who is  on
29        the shop premises at all times to perform the application
30        of  any  chemicals,  dyes,  or  colorings, the cutting of
31        hair, and hygiene-related services; and
32             (2)  in  the  case  of  an  owner  or  operator  who
33        completes the 500 hours of cosmetology instruction in the
34        areas of health, safety, and hygiene within  the  initial
 
                            -5-      LRB093 03744 AMC 14482 a
 1        8-month   period   in   a   manner  satisfactory  to  the
 2        Department, then for an additional period  of  up  to  16
 3        months  while  the  owner or operator continues to pursue
 4        the  cosmetology  instruction  required  for   licensure,
 5        provided  that the act of braiding is performed under the
 6        direct supervision of a  licensed  cosmetologist  who  is
 7        either  on  the  shop  premises  or  available on call to
 8        perform  the  application  of  any  chemicals,  dyes,  or
 9        colorings,  the  cutting  of  hair,  and  hygiene-related
10        services.
11        To become eligible  to  provide  hair  braiding  services
12    under  this  subsection  (h), a person must register with the
13    Department within the 30 days after  the  effective  date  of
14    this Section.  To remain eligible, a person must provide from
15    time  to  time  such  documentation  as  the  Department  may
16    require.
17        (i)  The   Department   may   promulgate  rules  for  the
18    administration of this Section and may  establish  additional
19    requirements for owning or operating a hair braiding shop.
20    (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)

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