Full Text of HB2210 98th General Assembly
HB2210eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Barber, Cosmetology, Esthetics, Hair | 5 | | Braiding, and Nail
Technology Act of 1985 is amended by | 6 | | changing Sections 1-4, 2A-7, and 3B-10 as follows:
| 7 | | (225 ILCS 410/1-4)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 1-4. Definitions. In this Act the following words | 10 | | shall have the
following meanings:
| 11 | | "Board" means the Barber, Cosmetology, Esthetics, and Nail | 12 | | Technology Board.
| 13 | | "Department" means the Department of Financial and | 14 | | Professional Regulation.
| 15 | | "Licensed barber" means an individual licensed by the | 16 | | Department
to practice barbering as defined in this Act and | 17 | | whose
license is in good standing.
| 18 | | "Licensed barber clinic teacher" means an individual | 19 | | licensed by the Department to practice barbering, as defined in | 20 | | this Act, and to provide clinical instruction in the practice | 21 | | of barbering in an approved school of barbering.
| 22 | | "Licensed cosmetologist" means an individual licensed by | 23 | | the
Department to practice cosmetology, nail technology, and |
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| 1 | | esthetics as
defined in this Act and whose license is in good | 2 | | standing.
| 3 | | "Licensed esthetician" means an individual
licensed by the
| 4 | | Department to practice esthetics as defined in this Act and | 5 | | whose
license is in good standing.
| 6 | | "Licensed nail technician" means any individual
licensed | 7 | | by
the Department to practice nail technology as defined in | 8 | | this Act and whose
license is in good standing.
| 9 | | "Licensed barber teacher" means an individual
licensed
by | 10 | | the Department to practice barbering as defined in this Act
and | 11 | | to provide instruction in the theory and practice of barbering | 12 | | to students in an approved barber school.
| 13 | | "Licensed cosmetology teacher" means an individual
| 14 | | licensed by the Department to practice cosmetology,
esthetics, | 15 | | and nail technology as defined in this Act
and to provide | 16 | | instruction in the theory and
practice of cosmetology, | 17 | | esthetics, and nail technology to
students in an approved | 18 | | cosmetology, esthetics, or nail technology school.
| 19 | | "Licensed cosmetology clinic teacher" means an individual | 20 | | licensed by the
Department to practice cosmetology, esthetics, | 21 | | and nail technology as defined
in this Act and to provide | 22 | | clinical instruction in the practice of cosmetology,
| 23 | | esthetics, and nail technology in an approved school of | 24 | | cosmetology, esthetics,
or nail technology.
| 25 | | "Licensed esthetics teacher" means an individual
licensed | 26 | | by
the Department to practice esthetics as defined in this Act |
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| 1 | | and to provide
instruction in the theory and practice of | 2 | | esthetics
to students in an approved cosmetology or esthetics | 3 | | school.
| 4 | | "Licensed esthetics clinic teacher" means an individual | 5 | | licensed by the
Department to practice esthetics as defined in | 6 | | this Act and to provide clinical
instruction in the practice of | 7 | | esthetics in an approved school of cosmetology
or an approved | 8 | | school of esthetics.
| 9 | | "Licensed hair braider" means any individual licensed by | 10 | | the Department to practice hair braiding as defined in Section | 11 | | 3E-1 and whose license is in good standing. | 12 | | "Licensed hair braiding teacher" means an individual | 13 | | licensed by the Department to practice hair braiding and to | 14 | | provide instruction in the theory and practice of hair braiding | 15 | | to students in an approved cosmetology school. | 16 | | "Licensed nail technology teacher" means an individual
| 17 | | licensed by the Department to practice nail technology and
to | 18 | | provide instruction in the theory and
practice of nail | 19 | | technology to students in an approved nail technology school
or | 20 | | cosmetology school.
| 21 | | "Licensed nail technology clinic teacher" means an | 22 | | individual licensed by
the Department to practice nail | 23 | | technology as defined in this Act and to
provide clinical | 24 | | instruction in the practice of nail technology in an approved
| 25 | | school of cosmetology or an approved school of nail technology.
| 26 | | "Enrollment" is the date upon which the student signs an
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| 1 | | enrollment agreement or student contract.
| 2 | | "Enrollment agreement" or "student contract" is any | 3 | | agreement,
instrument, or contract however named, which | 4 | | creates or evidences an
obligation binding a student to | 5 | | purchase a course of instruction from a school.
| 6 | | "Enrollment time" means the maximum number of hours a | 7 | | student
could have attended class, whether or not the student | 8 | | did in fact attend
all those hours.
| 9 | | "Elapsed enrollment time" means the enrollment time | 10 | | elapsed between
the actual starting date and the date of the | 11 | | student's last day of physical
attendance in the school.
| 12 | | "School" means an institution of higher education that | 13 | | meets the requirements of 34 CFR 600.9. | 14 | | "Secretary" means the Secretary of the Department of | 15 | | Financial and Professional Regulation. | 16 | | "Threading" means any technique that results in the removal | 17 | | of superfluous hair from the body by twisting thread around | 18 | | unwanted hair and then pulling it from the skin; and may also | 19 | | include the incidental trimming of eyebrow hair. | 20 | | (Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11; | 21 | | 97-333, eff. 8-12-11; 97-777, eff. 7-13-12.)
| 22 | | (225 ILCS 410/2A-7)
| 23 | | (Section scheduled to be repealed on January 1, 2016)
| 24 | | Sec. 2A-7. Requirements for licensure as barber school. No | 25 | | person, firm, or
corporation may own, operate , or conduct a |
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| 1 | | school or college of barbering
for the purpose of teaching | 2 | | barbering for compensation unless licensed by the Department. A | 3 | | licensed school is a postsecondary educational institution | 4 | | authorized by the Department to provide a postsecondary | 5 | | education program in compliance with the requirements of this | 6 | | Act. An applicant shall apply to without filing an
application | 7 | | with the Department on forms provided by the Department, pay | 8 | | paying the
required fees, and comply complying with the | 9 | | following requirements:
| 10 | | 1. The applicant must submit to the Department for | 11 | | approval:
| 12 | | a. A floor plan, drawn to a scale specified on the | 13 | | floor plan,
showing every detail of the proposed | 14 | | school; and
| 15 | | b. A lease commitment or proof of ownership for the | 16 | | location of the
proposed school; a lease commitment | 17 | | must provide for execution of the lease
upon the | 18 | | Department's approval of the school's application and | 19 | | the lease must
be for a period of at least one year.
| 20 | | c. (Blank).
| 21 | | 2. An application to own or operate a school shall | 22 | | include the following: | 23 | | a. If the owner is a corporation, a copy of the | 24 | | Articles of
Incorporation; | 25 | | b. If the owner is a partnership, a listing of all | 26 | | partners and their
current addresses; |
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| 1 | | c. If the applicant is an owner, a completed | 2 | | financial statement showing
the owner's ability to | 3 | | operate the school for at least 3 months; | 4 | | d. A copy of the official enrollment agreement or | 5 | | student contract to be
used by the school, which shall | 6 | | be consistent with the requirements of
this Act; | 7 | | e. A listing of all teachers who will be in the | 8 | | school's employ,
including their teacher license | 9 | | numbers; | 10 | | f. A copy of the curricula that will be followed; | 11 | | g. The names, addresses, and current status of all | 12 | | schools in which the
applicant has previously owned any | 13 | | interest, and a declaration as to whether
any of these | 14 | | schools were ever denied accreditation or licensing or | 15 | | lost
accreditation or licensing from any governmental | 16 | | body or accrediting agency; | 17 | | h. Each application for a certificate of approval | 18 | | shall be signed and
certified under oath by the | 19 | | school's chief managing employee and also by
its | 20 | | individual owner or owners; if the applicant is a | 21 | | partnership or a
corporation, then the application | 22 | | shall be signed and certified under oath by
the | 23 | | school's chief managing employee and also by each | 24 | | member of the partnership
or each officer of the | 25 | | corporation, as the case may be; | 26 | | i. A copy of the school's official transcript; and |
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| 1 | | j. The required fee.
| 2 | | 3. Each application for a license to operate a
school | 3 | | shall also contain the following commitments: | 4 | | a. To conduct the school in accordance with this | 5 | | Act and the standards
and rules from time to time | 6 | | adopted under this Act and to meet standards and
| 7 | | requirements at least as stringent as those required by | 8 | | Part H of the federal
Higher Education Act of 1965. | 9 | | b. To permit the Department to inspect the school | 10 | | or classes thereof
from time to time with or without | 11 | | notice; and to make available to the
Department, at any | 12 | | time when required to do so, information including
| 13 | | financial information pertaining to the activities of | 14 | | the school required
for the administration of this Act | 15 | | and the standards and rules adopted under
this Act; | 16 | | c. To utilize only advertising and solicitation | 17 | | that is free from
misrepresentation, deception, fraud, | 18 | | or other misleading or unfair trade
practices; | 19 | | d. To screen applicants to the school prior to | 20 | | enrollment pursuant to
the requirements of the | 21 | | school's regional or national accrediting agency,
if | 22 | | any, and to maintain any and all records of such | 23 | | screening; if the
course of instruction is offered in a | 24 | | language other than English, the
screening shall also | 25 | | be performed in that language; | 26 | | e. To post in a conspicuous place a statement, |
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| 1 | | developed by the
Department, of student's rights | 2 | | provided under this Act.
| 3 | | 4. The applicant shall establish to the satisfaction of | 4 | | the Department
that the owner possesses sufficient liquid | 5 | | assets to meet the prospective
expenses of the school for a | 6 | | period of 3 months. In the discretion of
the Department, | 7 | | additional proof of financial ability may be required.
| 8 | | 5. The applicant shall comply with all rules of the | 9 | | Department determining
the necessary curriculum and | 10 | | equipment required for the conduct of the school.
| 11 | | 6. The applicant must demonstrate employment of a | 12 | | sufficient number of
qualified teachers who are holders of | 13 | | a current license issued by the
Department.
| 14 | | 7. A final inspection of the barber school shall be | 15 | | made by the Department before the school may commence | 16 | | classes.
| 17 | | 8. A written inspection report must be made by a local | 18 | | fire authority or the State Fire Marshal approving the use | 19 | | of the proposed premises as a barber school.
| 20 | | (Source: P.A. 94-451, eff. 12-31-05.)
| 21 | | (225 ILCS 410/3B-10)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 3B-10. Requisites for ownership or operation of | 24 | | school. No person,
firm, or corporation may own, operate, or | 25 | | conduct a school of cosmetology,
esthetics, hair braiding, or |
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| 1 | | nail technology for the purpose of teaching cosmetology,
| 2 | | esthetics, hair braiding, or nail technology for compensation | 3 | | unless licensed by the Department. A licensed school is a | 4 | | postsecondary educational institution authorized by the | 5 | | Department to provide a postsecondary education program in | 6 | | compliance with the requirements of this Act. An applicant | 7 | | shall apply to the Department without applying on forms
| 8 | | provided by the Department, pay paying the required fees, and | 9 | | comply complying with the
following requirements:
| 10 | | 1. The applicant must submit to the Department for | 11 | | approval:
| 12 | | a. A floor plan, drawn to a scale specified on the | 13 | | floor plan,
showing every detail of the proposed | 14 | | school; and
| 15 | | b. A lease commitment or proof of ownership for the | 16 | | location of the
proposed school; a lease commitment | 17 | | must provide for execution of the lease
upon the | 18 | | Department's approval of the school's application and | 19 | | the lease must
be for a period of at least one year.
| 20 | | c. (Blank).
| 21 | | 2. An application to own or operate a school shall | 22 | | include the following:
| 23 | | a. If the owner is a corporation, a copy of the | 24 | | Articles of
Incorporation;
| 25 | | b. If the owner is a partnership, a listing of all | 26 | | partners and their
current addresses;
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| 1 | | c. If the applicant is an owner, a completed | 2 | | financial statement showing
the owner's ability to | 3 | | operate the school for at least 3 months;
| 4 | | d. A copy of the official enrollment agreement or | 5 | | student contract to be
used by the school, which shall | 6 | | be consistent with the requirements of
this Act;
| 7 | | e. A listing of all teachers who will be in the | 8 | | school's employ,
including their teacher license | 9 | | numbers;
| 10 | | f. A copy of the curricula that will be followed;
| 11 | | g. The names, addresses, and current status of all | 12 | | schools in which the
applicant has previously owned any | 13 | | interest, and a declaration as to whether
any of these | 14 | | schools were ever denied accreditation or licensing or | 15 | | lost
accreditation or licensing from any governmental | 16 | | body or accrediting agency;
| 17 | | h. Each application for a certificate of approval | 18 | | shall be signed and
certified under oath by the | 19 | | school's chief managing employee and also by
its | 20 | | individual owner or owners; if the applicant is a | 21 | | partnership or a
corporation, then the application | 22 | | shall be signed and certified under oath by
the | 23 | | school's chief managing employee and also by each | 24 | | member of the partnership
or each officer of the | 25 | | corporation, as the case may be;
| 26 | | i. A copy of the school's official transcript; and
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| 1 | | j. The required fee.
| 2 | | 3. Each application for a license to operate a
school | 3 | | shall also contain the following commitments:
| 4 | | a. To conduct the school in accordance with this | 5 | | Act and the standards,
and rules from time to time | 6 | | adopted under this Act and to meet standards and
| 7 | | requirements at least as stringent as those required by | 8 | | Part H of the Federal
Higher Education Act of 1965.
| 9 | | b. To permit the Department to inspect the school | 10 | | or classes thereof
from time to time with or without | 11 | | notice; and to make available to the
Department, at any | 12 | | time when required to do so, information including
| 13 | | financial information pertaining to the activities of | 14 | | the school required
for the administration of this Act | 15 | | and the standards and rules adopted under
this Act;
| 16 | | c. To utilize only advertising and solicitation | 17 | | which is free from
misrepresentation, deception, | 18 | | fraud, or other misleading or unfair trade
practices;
| 19 | | d. To screen applicants to the school prior to | 20 | | enrollment pursuant to
the requirements of the | 21 | | school's regional or national accrediting agency,
if | 22 | | any, and to maintain any and all records of such | 23 | | screening. If the
course of instruction is offered in a | 24 | | language other than English, the
screening shall also | 25 | | be performed in that language;
| 26 | | e. To post in a conspicuous place a statement, |
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| 1 | | developed by the
Department, of student's rights | 2 | | provided under this Act.
| 3 | | 4. The applicant shall establish to the satisfaction of | 4 | | the Department
that the owner possesses sufficient liquid | 5 | | assets to meet the prospective
expenses of the school for a | 6 | | period of 3 months. In the discretion of
the Department, | 7 | | additional proof of financial ability may be required.
| 8 | | 5. The applicant shall comply with all rules of the | 9 | | Department determining
the necessary curriculum and | 10 | | equipment required for the conduct of the school.
| 11 | | 6. The applicant must demonstrate employment of a | 12 | | sufficient number of
qualified teachers who are holders of | 13 | | a current license issued by the
Department.
| 14 | | 7.
A final inspection of the cosmetology, esthetics, | 15 | | hair braiding, or nail technology school shall be
made by | 16 | | the Department before the school may commence classes.
| 17 | | 8. A written inspection report must be made by the | 18 | | State Fire Marshal or a local fire authority approving the | 19 | | use of the proposed premises as a cosmetology, esthetics, | 20 | | hair braiding, or nail technology school.
| 21 | | (Source: P.A. 96-1246, eff. 1-1-11.)
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