Full Text of HB4790 98th General Assembly
HB4790 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4790 Introduced , by Rep. Robert Rita SYNOPSIS AS INTRODUCED: |
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Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Changes the definitions of "Board", "licensed cosmetologist", "licensed cosmetology teacher", "licensed cosmetology clinic teacher", and "licensed hair braiding teacher" to include hair braiding. Also changes the definitions of "cosmetology" and "esthetics" to include the coloring of hair on the body. Removes references to barber clinic teachers, esthetics clinic teachers, hair braiding clinic teachers, and nail technology clinic teachers throughout the Act. Provides that a person licensed as a hair braiding teacher may practice hair braiding and may hold himself or herself out as a hair braider without being licensed as a hair braider. Removes certain requirements that must be met by a person seeking licensure as a barber teacher or an esthetics teacher. Additionally removes certain provisions concerning barber schools. Replaces the term "Committee" with "Board" throughout the Act. Adds a provision allowing the Secretary of Financial and Professional Regulation to waive any requirements under the Act pertaining to the operation of a barber, cosmetology, esthetics, hair braiding, or nail technology school owned or operated by the Department of Corrections and located in a correctional facility. Provides that the Department of Financial and Professional Regulation shall not disclose certain information collected during the course of an examination or investigation under the Act. Makes other changes.
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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 1-2, 1-4, 1-7, 2-4, 2-9, 3-1, 3-7, 3-8, 3A-1, | 7 | | 3A-3, 3A-5, 3A-6, 3A-7, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15, 3C-1, | 8 | | 3C-3, 3C-7, 3C-8, 3C-9, 4-1, 4-4, 4-5.1, 4-7, 4-8, 4-9, 4-10, | 9 | | 4-11, 4-12, 4-14, 4-15, 4-16, 4-17, 4-19, 4-20, and 4-22 and | 10 | | the heading of Article IIIB and by adding Sections 3B-16 and | 11 | | 4-24 as follows:
| 12 | | (225 ILCS 410/1-2) (from Ch. 111, par. 1701-2)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 1-2. Public Policy. The practices of barbering , and | 15 | | cosmetology , esthetics, hair braiding, and nail technology
in | 16 | | the State of Illinois are hereby declared to affect the public | 17 | | health,
safety and welfare and to be subject to regulation and | 18 | | control in the public
interest. It is further declared to be a | 19 | | matter of public interest
and concern that the professions | 20 | | merit and receive the confidence of
the public and that only | 21 | | qualified persons be permitted to practice
said professions in | 22 | | the State of Illinois. This Act shall be liberally
construed to | 23 | | carry out these objects and purposes.
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| 1 | | (Source: P.A. 84-657 .)
| 2 | | (225 ILCS 410/1-4)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 1-4. Definitions. In this Act the following words | 5 | | shall have the
following meanings:
| 6 | | "Board" means the Barber, Cosmetology, Esthetics, Hair | 7 | | Braiding, and Nail Technology Board.
| 8 | | "Department" means the Department of Financial and | 9 | | Professional Regulation.
| 10 | | "Licensed barber" means an individual licensed by the | 11 | | Department
to practice barbering as defined in this Act and | 12 | | whose
license is in good standing.
| 13 | | "Licensed barber clinic teacher" means an individual | 14 | | licensed by the Department to practice barbering, as defined in | 15 | | this Act, and to provide clinical instruction in the practice | 16 | | of barbering in an approved school of barbering.
| 17 | | "Licensed cosmetologist" means an individual licensed by | 18 | | the
Department to practice cosmetology, nail technology, hair | 19 | | braiding, and esthetics as
defined in this Act and whose | 20 | | license is in good standing.
| 21 | | "Licensed esthetician" means an individual
licensed by the
| 22 | | Department to practice esthetics as defined in this Act and | 23 | | whose
license is in good standing.
| 24 | | "Licensed nail technician" means any individual
licensed | 25 | | by
the Department to practice nail technology as defined in |
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| 1 | | this Act and whose
license is in good standing.
| 2 | | "Licensed barber teacher" means an individual
licensed
by | 3 | | the Department to practice barbering as defined in this Act
and | 4 | | to provide instruction in the theory and practice of barbering | 5 | | to students in an approved barber school.
| 6 | | "Licensed cosmetology teacher" means an individual
| 7 | | licensed by the Department to practice cosmetology,
esthetics, | 8 | | hair braiding, and nail technology as defined in this Act
and | 9 | | to provide instruction in the theory and
practice of | 10 | | cosmetology, esthetics, and nail technology to
students in an | 11 | | approved cosmetology, esthetics, or nail technology school.
| 12 | | "Licensed cosmetology clinic teacher" means an individual | 13 | | licensed by the
Department to practice cosmetology, esthetics, | 14 | | and nail technology as defined
in this Act and to provide | 15 | | clinical instruction in the practice of cosmetology,
| 16 | | esthetics, hair braiding, and nail technology in an approved | 17 | | school of cosmetology, esthetics,
or nail technology.
| 18 | | "Licensed esthetics teacher" means an individual
licensed | 19 | | by
the Department to practice esthetics as defined in this Act | 20 | | and to provide
instruction in the theory and practice of | 21 | | esthetics
to students in an approved cosmetology or esthetics | 22 | | school.
| 23 | | "Licensed esthetics clinic teacher" means an individual | 24 | | licensed by the
Department to practice esthetics as defined in | 25 | | this Act and to provide clinical
instruction in the practice of | 26 | | esthetics in an approved school of cosmetology
or an approved |
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| 1 | | school of esthetics.
| 2 | | "Licensed hair braider" means any individual licensed by | 3 | | the Department to practice hair braiding as defined in Section | 4 | | 3E-1 and whose license is in good standing. | 5 | | "Licensed hair braiding teacher" means an individual | 6 | | licensed by the Department to practice hair braiding and to | 7 | | provide instruction in the theory and practice of hair braiding | 8 | | to students in an approved cosmetology or hair braiding school. | 9 | | "Licensed nail technology teacher" means an individual
| 10 | | licensed by the Department to practice nail technology and
to | 11 | | provide instruction in the theory and
practice of nail | 12 | | technology to students in an approved nail technology school
or | 13 | | cosmetology school.
| 14 | | "Licensed nail technology clinic teacher" means an | 15 | | individual licensed by
the Department to practice nail | 16 | | technology as defined in this Act and to
provide clinical | 17 | | instruction in the practice of nail technology in an approved
| 18 | | school of cosmetology or an approved school of nail technology.
| 19 | | "Enrollment" is the date upon which the student signs an
| 20 | | enrollment agreement or student contract.
| 21 | | "Enrollment agreement" or "student contract" is any | 22 | | agreement,
instrument, or contract however named, which | 23 | | creates or evidences an
obligation binding a student to | 24 | | purchase a course of instruction from a school.
| 25 | | "Enrollment time" means the maximum number of hours a | 26 | | student
could have attended class, whether or not the student |
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| 1 | | did in fact attend
all those hours.
| 2 | | "Elapsed enrollment time" means the enrollment time | 3 | | elapsed between
the actual starting date and the date of the | 4 | | student's last day of physical
attendance in the school.
| 5 | | "Secretary" means the Secretary of the Department of | 6 | | Financial and Professional Regulation. | 7 | | "Threading" means any technique that results in the removal | 8 | | of superfluous hair from the body by twisting thread around | 9 | | unwanted hair and then pulling it from the skin; and may also | 10 | | include the incidental trimming of eyebrow hair. | 11 | | (Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12; | 12 | | 98-238, eff. 1-1-14.)
| 13 | | (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
| 14 | | (Section scheduled to be repealed on January 1, 2016)
| 15 | | Sec. 1-7. Licensure required; renewal.
| 16 | | (a) It is unlawful for any person to practice, or to hold | 17 | | himself or
herself out to be a cosmetologist, esthetician, nail | 18 | | technician, hair braider, or
barber without a license as a | 19 | | cosmetologist,
esthetician, nail technician, hair braider or | 20 | | barber issued by the Department of Financial and
Professional | 21 | | Regulation pursuant to the provisions of this Act and of the
| 22 | | Civil Administrative Code of Illinois. It is also unlawful for | 23 | | any person,
firm, partnership, or corporation to own, operate, | 24 | | or conduct a
cosmetology, esthetics, nail technology, hair | 25 | | braiding salon, or barber school
without a license
issued by |
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| 1 | | the Department or to own or operate a cosmetology, esthetics, | 2 | | nail
technology, or hair braiding salon or barber shop without | 3 | | a certificate of registration issued
by the Department. It is | 4 | | further unlawful for any person to teach in any
cosmetology, | 5 | | esthetics, nail technology, hair braiding, or barber college or | 6 | | school
approved by the Department or hold himself or herself | 7 | | out as a cosmetology,
esthetics, hair braiding, nail | 8 | | technology, or barber teacher without a license as a teacher,
| 9 | | issued by the Department
or as a barber clinic teacher or | 10 | | cosmetology , esthetics,
hair braiding, or nail technology | 11 | | clinic teacher without a license as a clinic teacher issued
by | 12 | | the
Department.
| 13 | | (b) Notwithstanding any other provision of this Act, a | 14 | | person licensed as a
cosmetologist may hold himself or herself | 15 | | out as
an esthetician and may engage in the practice of | 16 | | esthetics, as defined in this
Act, without being licensed as an | 17 | | esthetician. A person
licensed as a cosmetology teacher may
| 18 | | teach esthetics or hold himself or herself out as an esthetics | 19 | | teacher without
being licensed as an esthetics teacher. A | 20 | | person
licensed as a cosmetologist may hold himself or herself | 21 | | out
as a nail technician and may engage in the practice of nail | 22 | | technology, as
defined in this Act, without being licensed as a | 23 | | nail
technician. A person licensed as a cosmetology teacher may
| 24 | | teach nail technology and hold himself or herself out as a nail | 25 | | technology
teacher without being licensed as a nail
technology | 26 | | teacher. A person licensed as a cosmetologist may hold himself |
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| 1 | | or herself out as a hair braider and may engage in the practice | 2 | | of hair braiding, as defined in this Act, without being | 3 | | licensed as a hair braider. A person licensed as a cosmetology | 4 | | teacher may teach hair braiding and hold himself or herself out | 5 | | as a hair braiding teacher without being licensed as a hair | 6 | | braiding teacher.
| 7 | | (c) A person licensed as a barber teacher may hold himself | 8 | | or herself out
as a barber and may practice barbering without a | 9 | | license as a barber. A person
licensed as a cosmetology teacher | 10 | | may hold himself or herself out as a
cosmetologist, | 11 | | esthetician, hair braider, and nail technologist and may | 12 | | practice cosmetology,
esthetics, hair braiding, and nail | 13 | | technology without a license as a cosmetologist,
esthetician, | 14 | | hair braider, or nail technologist. A person licensed as an | 15 | | esthetics teacher
may hold himself or herself out as an | 16 | | esthetician without being licensed as an
esthetician and may | 17 | | practice esthetics. A person licensed as a nail technician
| 18 | | teacher may practice nail technology and may hold himself or | 19 | | herself out as a
nail technologist without being licensed as a | 20 | | nail technologist. A person licensed as a hair braiding teacher | 21 | | may practice hair braiding and may hold himself or herself out | 22 | | as a hair braider without being licensed as a hair braider.
| 23 | | (d) The holder of a license issued under this Act may renew | 24 | | that license during the month preceding the expiration date of | 25 | | the license by paying the required fee.
| 26 | | (Source: P.A. 96-1246, eff. 1-1-11.)
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| 1 | | (225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 2-4. Licensure as a barber
teacher; qualifications. | 4 | | (1) A person is qualified to receive a license as a barber | 5 | | teacher if that person files an
application on forms provided | 6 | | by the Department, pays the required fee, and: | 7 | | a. Is at least 18 years of age;
| 8 | | b. Has graduated from high school or its equivalent;
| 9 | | c. Has a current license as a barber or cosmetologist;
| 10 | | d. Has graduated from a barber school or school of | 11 | | cosmetology approved by the Department
having:
| 12 | | (1) completed a total of 500 hours in barber | 13 | | teacher training extending
over a period of not less | 14 | | than 3 months nor more than 2 years and has had 3
years | 15 | | of practical experience as a licensed barber;
| 16 | | (2) completed a total of 1,000 hours of barber | 17 | | teacher training extending
over a period of not less | 18 | | than 6 months nor more than 2 years; or
| 19 | | (3) completed the cosmetology teacher training as | 20 | | specified in paragraph (4) of subsection (a) of Section | 21 | | 3-4 of this Act and completed a supplemental barbering | 22 | | course as established by rule ; and | 23 | | e. Has passed an examination authorized by the | 24 | | Department
to determine fitness to receive a license
as a | 25 | | barber teacher or a cosmetology teacher; and
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| 1 | | f. Has met any other requirements set forth in this | 2 | | Act.
| 3 | | An applicant who is issued a license as a Barber Teacher is | 4 | | not required
to maintain a barber license in order to practice | 5 | | barbering as defined in this
Act.
| 6 | | (2) A person is qualified to receive a license as a barber | 7 | | clinic
teacher if he or she has applied in writing on forms | 8 | | provided by the
Department, has paid the required fees, and: | 9 | | (A) is at least 18 years of age;
| 10 | | (B) has graduated from high school or its equivalent;
| 11 | | (C) has a current license as a barber;
| 12 | | (D) has (i) completed a program of 250 hours of clinic | 13 | | teacher training in a licensed school of barbering or (ii) | 14 | | within 5 years preceding the required examination, has | 15 | | obtained a minimum of 2 years of practical experience | 16 | | working at least 30 full-time hours per week as a licensed | 17 | | barber and has completed an instructor's institute of 20 | 18 | | hours, as prescribed by the Department, prior to submitting | 19 | | an application for examination;
| 20 | | (E) has passed an examination authorized by the | 21 | | Department to determine eligibility to receive a license as | 22 | | a barber teacher; and
| 23 | | (F) has met any other requirements of this Act.
| 24 | | The Department shall not issue any new barber clinic | 25 | | teacher licenses after January 1, 2009. Any person issued a | 26 | | license as a barber clinic teacher before January 1, 2009, may |
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| 1 | | renew the license after that date under this Act and that | 2 | | person may continue to renew the license or have the license | 3 | | restored during his or her lifetime, subject only to the | 4 | | renewal or restoration requirements for the license under this | 5 | | Act; however, such licensee and license shall remain subject to | 6 | | the provisions of this Act, including, but not limited to, | 7 | | provisions concerning renewal, restoration, fees, continuing | 8 | | education, discipline, administration, and enforcement.
| 9 | | (Source: P.A. 97-777, eff. 7-13-12.)
| 10 | | (225 ILCS 410/2-9) | 11 | | (Section scheduled to be repealed on January 1, 2016) | 12 | | Sec. 2-9. Degree in barbering at a cosmetology school. A | 13 | | school of cosmetology may offer a degree in barbering, as | 14 | | defined by this Act, provided that the school of cosmetology | 15 | | complies with subsections (c), (d), and (e) of Section 2-2 of | 16 | | this Act; utilizes barber teachers properly licensed under | 17 | | paragraph (1) of Section 2-4 of this Act; and complies with | 18 | | Sections 2A-7 and 3B-10 of this Act.
| 19 | | (Source: P.A. 97-777, eff. 7-13-12.)
| 20 | | (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 3-1. Cosmetology defined. Any one or any combination | 23 | | of the
following practices constitutes the practice of | 24 | | cosmetology when done for
cosmetic or beautifying purposes and |
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| 1 | | not for the treatment of disease or of
muscular or nervous | 2 | | disorder: arranging, braiding, dressing, cutting,
trimming,
| 3 | | curling, waving, chemical restructuring, shaping, singeing, | 4 | | bleaching,
coloring or similar work, upon the hair of the head | 5 | | or any cranial prosthesis; cutting or trimming
facial hair of | 6 | | any person; any practice of
manicuring, pedicuring, decorating | 7 | | nails, applying sculptured nails or
otherwise artificial nails | 8 | | by hand or with mechanical or electrical
apparatus or | 9 | | appliances, or in any way caring for the nails or the skin of
| 10 | | the hands or feet including massaging the hands, arms, elbows, | 11 | | feet, lower
legs, and knees of another
person for other than | 12 | | the treatment of medical disorders; any practice of epilation | 13 | | or
depilation of any person; any practice for the purpose of | 14 | | cleansing,
massaging or toning the skin of the scalp; | 15 | | beautifying, massaging,
cleansing, exfoliating, or stimulating
| 16 | | the stratum corneum of the epidermis by the use of cosmetic
| 17 | | preparations, body treatments, body wraps, the use of
| 18 | | hydrotherapy, or any device,
electrical, mechanical, or | 19 | | otherwise; applying make-up or
eyelashes to any person or | 20 | | lightening or coloring hair
on the body and removing | 21 | | superfluous hair from the body of any person by
the use of | 22 | | depilatories, waxing, threading, or tweezers. The term | 23 | | "cosmetology" does
not include the services provided by an | 24 | | electrologist. Nail technology is
the practice and the study of | 25 | | cosmetology only to the
extent of manicuring, pedicuring, | 26 | | decorating, and applying sculptured or
otherwise artificial |
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| 1 | | nails, or in any way caring for the nail or the skin of
the | 2 | | hands or feet including massaging the hands, arms, elbows, | 3 | | feet, lower
legs,
and knees.
Cosmetologists are prohibited from | 4 | | using any technique, product, or practice intended to affect | 5 | | the living layers of the skin. The term cosmetology includes
| 6 | | rendering advice on what is cosmetically appealing, but no | 7 | | person licensed
under this Act shall render advice on what is | 8 | | appropriate medical treatment
for diseases of the skin. | 9 | | Purveyors of cosmetics may demonstrate such cosmetic
products | 10 | | in conjunction with any sales promotion and shall not be
| 11 | | required to hold a license under this Act.
Nothing in this Act | 12 | | shall be construed to prohibit the shampooing of hair
by | 13 | | persons employed for that purpose and who perform that task
| 14 | | under the direct supervision of a licensed cosmetologist or | 15 | | licensed
cosmetology teacher.
| 16 | | (Source: P.A. 96-1076, eff. 7-16-10.)
| 17 | | (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
| 18 | | (Section scheduled to be repealed on January 1, 2016)
| 19 | | Sec. 3-7. Licensure; renewal; continuing education; | 20 | | military service. The
holder of a license issued under this | 21 | | Article III may renew that license during
the month preceding | 22 | | the expiration date thereof by paying the required fee,
giving | 23 | | such evidence as the Department may prescribe of completing not | 24 | | less
than 14 hours of continuing education for a cosmetologist, | 25 | | and 24 hours of
continuing education for a cosmetology teacher |
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| 1 | | or cosmetology clinic teacher,
within the 2 years prior to | 2 | | renewal. The training shall be in subjects
approved by the | 3 | | Department as prescribed by rule upon recommendation of the | 4 | | Board
Committee .
| 5 | | A license that has been expired for more than 5 years may | 6 | | be restored by
payment of the restoration fee and submitting | 7 | | evidence satisfactory to the
Department of the current | 8 | | qualifications and fitness of the licensee, which
shall include | 9 | | completion of continuing education hours for the period
| 10 | | subsequent to expiration.
| 11 | | The Department shall establish by rule a means for the | 12 | | verification of
completion of the continuing education | 13 | | required by this Section. This
verification may be accomplished | 14 | | through audits of records maintained by
registrants, by | 15 | | requiring the filing of continuing education certificates with
| 16 | | the Department, or by other means established by the | 17 | | Department.
| 18 | | A license issued under the provisions of this Act that has | 19 | | expired
while the holder of the license was engaged (1) in | 20 | | federal service on
active duty with the Army of the United | 21 | | States, the United States Navy,
the Marine Corps, the Air | 22 | | Force, the Coast Guard, or any Women's
Auxiliary thereof, or | 23 | | the State Militia called into the service or
training of the | 24 | | United States of America, or (2) in training or
education under | 25 | | the supervision of the United States preliminary to
induction | 26 | | into the military service, may be reinstated or restored
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| 1 | | without the payment of any lapsed renewal fees, reinstatement | 2 | | fee, or
restoration fee if within 2 years after the termination | 3 | | of such
service, training, or education other than by | 4 | | dishonorable discharge,
the holder furnishes the Department | 5 | | with an affidavit to the effect
that he or she has been so | 6 | | engaged and that his or her service,
training, or education has | 7 | | been so terminated.
| 8 | | The Department, in its discretion, may waive
enforcement of | 9 | | the continuing education requirement in this Section and
shall | 10 | | adopt rules defining the standards and criteria for
that waiver | 11 | | under the following circumstances:
| 12 | | (a) the licensee resides in a locality where it is | 13 | | demonstrated that the
absence of opportunities for such | 14 | | education would interfere with the
ability of the licensee | 15 | | to provide service to the public;
| 16 | | (b) that to comply with the continuing education | 17 | | requirements would
cause a substantial financial hardship | 18 | | on the licensee;
| 19 | | (c) that the licensee is serving in the United States | 20 | | Armed Forces; or
| 21 | | (d) that the licensee is incapacitated due to illness.
| 22 | | The continuing education requirements of this Section do | 23 | | not apply to a
licensee who (i) is at least 62 years of age or | 24 | | (ii) has
been licensed as a cosmetologist, cosmetology teacher, | 25 | | or cosmetology clinic
teacher for at least 25 years.
| 26 | | (Source: P.A. 94-451, eff. 12-31-05.)
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| 1 | | (225 ILCS 410/3-8) (from Ch. 111, par. 1703-8)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 3-8. Cosmetologists or , cosmetology teachers , and | 4 | | cosmetology
clinic teachers registered or licensed
elsewhere. | 5 | | (a) Except as otherwise provided in this Act, upon payment | 6 | | of the
required fee, an applicant who is a cosmetologist or , | 7 | | cosmetology
teacher , or cosmetology clinic teacher
registered | 8 | | or licensed under the laws of a foreign country or province may | 9 | | be
granted a license as a licensed cosmetologist or , | 10 | | cosmetology
teacher , or cosmetology clinic teacher by the
| 11 | | Department in
its discretion upon the following conditions:
| 12 | | (1) The cosmetologist applicant is at least 16 years of
| 13 | | age and the cosmetology teacher or cosmetology clinic | 14 | | teacher applicant is
at least 18 years of age; and
| 15 | | (2) The requirements for the registration or licensing | 16 | | of
cosmetologists or , cosmetology teachers , or cosmetology | 17 | | clinic
teachers in the particular
country or province were, | 18 | | at the date of the license, substantially
equivalent to the | 19 | | requirements then in force for cosmetologists or ,
| 20 | | cosmetology teachers , or cosmetology clinic teachers in | 21 | | this State; or the
applicant has
established proof of legal | 22 | | practice as a cosmetologist or , cosmetology
teacher , or | 23 | | cosmetology clinic teacher in another jurisdiction for at | 24 | | least
3 years; and
| 25 | | (3) If the Department, in its discretion and in |
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| 1 | | accordance with the rules, deems it necessary, then the | 2 | | applicant has passed an examination as required by this | 3 | | Act; and | 4 | | (4) The applicant has met any other requirements of | 5 | | this Act.
| 6 | | The Department shall prescribe
reasonable rules governing | 7 | | the recognition of and
the credit to be given to the study of | 8 | | cosmetology under a
cosmetologist registered or licensed under | 9 | | the laws of a foreign country or province by an applicant
for a | 10 | | license as a
cosmetologist, and for the recognition of legal | 11 | | practice in another
jurisdiction towards the education | 12 | | required under this Act.
| 13 | | (b) Except as otherwise provided in this Act, upon payment | 14 | | of the
required fee, an applicant who is a cosmetologist or , | 15 | | cosmetology
teacher , or cosmetology clinic teacher
registered | 16 | | or licensed under the laws of another state or territory of the | 17 | | United States shall, without examination, be granted a license | 18 | | as a licensed cosmetologist or , cosmetology
teacher , or | 19 | | cosmetology clinic teacher , whichever is applicable, by the
| 20 | | Department upon the following conditions: | 21 | | (1) The cosmetologist applicant is at least 16 years of
| 22 | | age and the cosmetology teacher or cosmetology clinic | 23 | | teacher applicant is
at least 18 years of age; and | 24 | | (2) The applicant submits to the Department | 25 | | satisfactory evidence that the applicant is registered or | 26 | | licensed in another state or territory as a cosmetologist |
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| 1 | | or , cosmetology
teacher , or cosmetology clinic teacher ; | 2 | | and | 3 | | (3) The applicant has met any other requirements of | 4 | | this Act. | 5 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 6 | | (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 3A-1. Esthetics defined.
| 9 | | (A) Any one or combination of the
following practices, when | 10 | | done for cosmetic or beautifying purposes and not for the | 11 | | treatment of disease or of a muscular or nervous disorder,
| 12 | | constitutes the practice of esthetics:
| 13 | | 1. Beautifying, massaging, cleansing, exfoliating, or | 14 | | stimulating the stratum corneum of
the epidermis
by the use | 15 | | of cosmetic preparations, body
treatments, body wraps, | 16 | | hydrotherapy,
or any device, electrical, mechanical, or
| 17 | | otherwise, for the care of the skin;
| 18 | | 2. Applying make-up or eyelashes to any person or | 19 | | lightening or coloring hair on the body except the scalp; | 20 | | and
| 21 | | 3. Removing superfluous hair from the body of any | 22 | | person.
| 23 | | However, esthetics does not include the services
provided | 24 | | by a cosmetologist or electrologist. Estheticians are | 25 | | prohibited
from using techniques, products, and practices |
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| 1 | | intended to affect the living layers of the skin. The term | 2 | | esthetics includes rendering advice on what is
cosmetically | 3 | | appealing, but no person licensed under this Act shall render
| 4 | | advice on what is appropriate medical treatment for diseases of | 5 | | the skin.
| 6 | | (B)
"Esthetician" means any person who, with hands or | 7 | | mechanical or
electrical apparatus or appliances, engages only | 8 | | in the use of cosmetic
preparations, body treatments, body | 9 | | wraps, hydrotherapy, makeups,
antiseptics, tonics, lotions, | 10 | | creams or
other preparations or in the practice of massaging, | 11 | | cleansing, exfoliating
the stratum corneum of the epidermis,
| 12 | | stimulating,
manipulating, beautifying, grooming, threading, | 13 | | or similar work on the
face, neck, arms and hands or body in a | 14 | | superficial mode, and not for
the treatment of medical | 15 | | disorders.
| 16 | | (Source: P.A. 96-1076, eff. 7-16-10.)
| 17 | | (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
| 18 | | (Section scheduled to be repealed on January 1, 2016)
| 19 | | Sec. 3A-3. Licensure as an esthetics teacher; | 20 | | qualifications.
| 21 | | (a) A person is qualified to receive a license as an | 22 | | esthetics teacher
if
that person has applied in writing on | 23 | | forms supplied by the Department, paid
the required fees,
and:
| 24 | | (1) is at least 18 years of age;
| 25 | | (2) has graduated from high school or its equivalent;
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| 1 | | (3) has a current license as a
licensed cosmetologist | 2 | | or esthetician;
| 3 | | (4) has either: (i) completed a program of 500 hours of
| 4 | | teacher training in a
licensed school of cosmetology or a | 5 | | licensed esthetics
school and had 2 years of practical | 6 | | experience as a licensed cosmetologist or
esthetician | 7 | | within 5 years preceding the
examination; or (ii) completed | 8 | | a program of 750 hours of teacher training
in a
licensed | 9 | | school of cosmetology approved by the Department to teach
| 10 | | esthetics or a licensed esthetics school;
| 11 | | (5) has passed an examination authorized by the | 12 | | Department to
determine eligibility to receive a license as | 13 | | a
licensed cosmetology or esthetics teacher;
| 14 | | (6) (blank); and
| 15 | | (7) has met any other requirements as required by this | 16 | | Act.
| 17 | | (b) (Blank). A person is qualified to receive a license as | 18 | | an esthetics clinic
teacher if that person has applied in | 19 | | writing on forms supplied by the
Department, paid the required | 20 | | fees, and:
| 21 | | (1) is at least 18 years of age;
| 22 | | (2) has graduated from high school or its equivalent;
| 23 | | (3) has a current license as a licensed cosmetologist | 24 | | or esthetician;
| 25 | | (4) has (i) completed a program of 250 hours of clinic | 26 | | teacher training in
a licensed
school of cosmetology |
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| 1 | | approved by the Department to teach esthetics or a
licensed
| 2 | | esthetics school or (ii) within 5 years preceding the | 3 | | examination, has obtained a minimum of 2 years of practical | 4 | | experience working at least 30 full-time hours per week as | 5 | | a licensed
cosmetologist or esthetician and has completed | 6 | | an instructor's institute of 20 hours, as prescribed by the | 7 | | Department, prior to submitting an application for | 8 | | examination;
| 9 | | (5) has passed an examination authorized by the | 10 | | Department to determine
eligibility to receive a license as | 11 | | a licensed cosmetology teacher or
licensed
esthetics | 12 | | teacher;
| 13 | | (6)
(blank); and
| 14 | | (7) has met any other requirements required by this | 15 | | Act.
| 16 | | The Department shall not issue any new esthetics clinic | 17 | | teacher licenses after January 1, 2009. Any person issued a | 18 | | license as an esthetics clinic teacher before January 1, 2009, | 19 | | may renew the license after that date under this Act and that | 20 | | person may continue to renew the license or have the license | 21 | | restored during his or her lifetime, subject only to the | 22 | | renewal or restoration requirements for the license under this | 23 | | Act; however, such licensee and license shall remain subject to | 24 | | the provisions of this Act, including, but not limited to, | 25 | | provisions concerning renewal, restoration, fees, continuing | 26 | | education, discipline, administration, and enforcement.
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| 1 | | (c) An applicant who is issued a license as an esthetics | 2 | | teacher or
esthetics clinic teacher is not required to maintain | 3 | | an esthetics license in
order to practice as an esthetician as | 4 | | defined in this Act.
| 5 | | (Source: P.A. 94-451, eff. 12-31-05.)
| 6 | | (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 3A-5. Examination.
| 9 | | (a) The Department shall authorize examinations of | 10 | | applicants for a
license as an esthetician or teacher of | 11 | | esthetics at such times and places as
it may determine. The
| 12 | | Department shall authorize no fewer than 4 examinations for
a | 13 | | license as an esthetician or a teacher of esthetics in a | 14 | | calendar year.
| 15 | | If an applicant neglects, fails without an approved excuse, | 16 | | or refuses to
take the next available examination offered for | 17 | | licensure under this Act,
the fee paid by the applicant shall | 18 | | be forfeited to the Department and the
application denied. If | 19 | | an applicant fails to pass an examination for licensure
under | 20 | | this Act within 3 years after filing his or her application, | 21 | | the
application shall be denied. However, such applicant may | 22 | | thereafter make a
new application for examination, accompanied | 23 | | by the required fee, if he or she
meets the requirements in | 24 | | effect at the time of reapplication. If an applicant
for | 25 | | licensure as an esthetician is unsuccessful at 3 examinations |
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| 1 | | conducted by
the Department, the applicant shall, before taking | 2 | | a subsequent examination,
furnish evidence of not less than 125 | 3 | | hours of additional study of esthetics in
an approved school of | 4 | | cosmetology or esthetics since the applicant last took
the | 5 | | examination. If an applicant for licensure as an esthetics | 6 | | teacher or
esthetics clinic teacher is unsuccessful at 3 | 7 | | examinations conducted by the
Department, the applicant shall, | 8 | | before taking a subsequent examination,
furnish evidence of not | 9 | | less than 80 hours of additional study in teaching
methodology | 10 | | and educational psychology in a licensed school of cosmetology | 11 | | or
esthetics since the applicant last took the examination. An | 12 | | applicant who
fails to pass a fourth examination shall not | 13 | | again be admitted to an
examination unless (i) in the case of | 14 | | an applicant for licensure as an
esthetician, the applicant | 15 | | shall again take and complete a program of 750 hours
in the | 16 | | study of esthetics in a licensed school of cosmetology approved | 17 | | to teach
esthetics or a school of esthetics, extending over a | 18 | | period that
commences after the applicant fails to pass the | 19 | | fourth examination and that is
not less than 18 weeks nor more | 20 | | than 4 consecutive years in duration; or (ii) in
the case of an | 21 | | applicant for a license as an esthetics teacher, the applicant
| 22 | | shall again take and complete a program of 750 hours of teacher
| 23 | | training in a
school of cosmetology approved to teach esthetics | 24 | | or a school of esthetics,
except that if the applicant had 2 | 25 | | years of practical experience as a licensed
cosmetologist or | 26 | | esthetician within 5 years preceding the initial examination
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| 1 | | taken by the applicant, the applicant must again take and | 2 | | complete a program
of 500 hours of
teacher training in licensed | 3 | | cosmetology or a licensed esthetics school ; or
(iii) in the | 4 | | case of an applicant for a license as an esthetics clinic | 5 | | teacher,
the applicant shall again take and complete a program | 6 | | of 250
hours of clinic
teacher training in a licensed school of | 7 | | cosmetology or a licensed school of
esthetics .
| 8 | | (b) Each applicant shall be given a written examination | 9 | | testing both
theoretical and practical knowledge which shall | 10 | | include, but not be limited to,
questions that determine the | 11 | | applicant's knowledge, as provided by rule.
| 12 | | (c) The examination of applicants for licensure as an | 13 | | esthetics teacher may
include:
| 14 | | (1) teaching methodology;
| 15 | | (2) classroom management; and
| 16 | | (3) record keeping and any other subjects that the | 17 | | Department may deem
necessary to insure competent | 18 | | performance.
| 19 | | (d) This Act does not prohibit the practice of esthetics by | 20 | | one who has
applied in writing to the Department, in form and | 21 | | substance satisfactory to
the Department, for a license as an | 22 | | esthetician or , an esthetics teacher , or an
esthetics clinic | 23 | | teacher and has complied with all the provisions of this Act
in | 24 | | order to qualify for a license, except the passing of an | 25 | | examination to be
eligible to receive such license certificate, | 26 | | until: (i) the expiration of 6
months after the filing of such |
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| 1 | | written application, or (ii) the decision
of the Department | 2 | | that the applicant has failed to pass an examination within
6 | 3 | | months or failed without an approved excuse to take an | 4 | | examination conducted
within 6 months by the Department, or | 5 | | (iii) the withdrawal of the application.
| 6 | | (Source: P.A. 94-451, eff. 12-31-05.)
| 7 | | (225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 3A-6. Licensure; renewal;
continuing education; | 10 | | examination; military service. The holder of a license
issued | 11 | | under this Article may renew such license during the
month | 12 | | preceding the expiration date thereof by paying the required | 13 | | fee, giving evidence the Department may
prescribe of completing | 14 | | not less than 10 hours for estheticians,
and not less than 20 | 15 | | hours of continuing education for esthetics
teachers or | 16 | | esthetics clinic teachers ,
within the 2 years prior to renewal. | 17 | | The training shall be in subjects,
approved by the Department | 18 | | as prescribed by rule upon recommendation of
the Board | 19 | | Committee .
| 20 | | A license that has expired or been
placed on inactive | 21 | | status may
be restored only by payment of the restoration fee | 22 | | and submitting evidence
satisfactory to the Department of the | 23 | | current qualifications and fitness of
the licensee including | 24 | | the completion of continuing
education hours for the period | 25 | | following expiration.
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| 1 | | A license issued under the provisions of
this Act
that has | 2 | | expired while the holder of the license was
engaged (1) in | 3 | | federal service on active duty with the Army of the United
| 4 | | States, the United States Navy, the Marine Corps, the Air | 5 | | Force, the Coast
Guard, or any Women's Auxiliary thereof, or | 6 | | the State Militia called into
the service or training of the | 7 | | United States of America, or (2) in training
or education under | 8 | | the supervision of the United States preliminary to
induction | 9 | | into the military service, may be reinstated or restored | 10 | | without
the payment of any lapsed renewal fees, reinstatement | 11 | | fee, or restoration
fee if within 2 years after the termination | 12 | | of such service, training, or
education other than by | 13 | | dishonorable discharge, the holder furnishes the
Department | 14 | | with an affidavit to the effect that he or she has been so
| 15 | | engaged and
that his or her service, training, or education has | 16 | | been so terminated.
| 17 | | The Department, in its discretion, may waive enforcement of | 18 | | the continuing
education requirement in this Section, and shall | 19 | | adopt rules defining the
standards and criteria for such | 20 | | waiver, under the following circumstances:
| 21 | | (1) the licensee resides in a locality where it is | 22 | | demonstrated
that the
absence of opportunities for such | 23 | | education would interfere with the ability of
the licensee to | 24 | | provide service to the public;
| 25 | | (2) the licensee's compliance with the continuing | 26 | | education
requirements
would cause a substantial financial |
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| 1 | | hardship on the licensee;
| 2 | | (3) the licensee is serving in the United States Armed | 3 | | Forces;
or
| 4 | | (4) the licensee is incapacitated due to illness.
| 5 | | (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97 .)
| 6 | | (225 ILCS 410/3A-7) (from Ch. 111, par. 1703A-7)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 3A-7. Estheticians licensed elsewhere.
Upon payment | 9 | | of the required fee, an applicant who is an esthetician
| 10 | | registered or licensed under the laws of another state or | 11 | | territory of the
United States or of a foreign country or | 12 | | province may, without examination,
be granted a license as a | 13 | | licensed esthetician by the Department in its
discretion upon | 14 | | the
following conditions:
| 15 | | (a) In the case of an esthetician registered or licensed | 16 | | elsewhere,
| 17 | | (1) The applicant is at least 16 years of age; and
| 18 | | (2) The requirements for the registration or licensing | 19 | | of
estheticians in the particular state, territory, | 20 | | country, or province were
at the date of the license | 21 | | substantially equivalent to the requirements
then in force | 22 | | in this State.
| 23 | | (b) In the case of an esthetics teacher or esthetics clinic | 24 | | teacher
registered or licensed elsewhere,
| 25 | | (1) The applicant is at least 18 years of age; and
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| 1 | | (2) The requirements for the registration or licensing | 2 | | of esthetics
teachers or esthetics clinic teachers in the | 3 | | particular state,
territory, country, or province were at | 4 | | the
date of the license substantially equivalent to the | 5 | | requirements then in force
in this State; or the applicant | 6 | | has established proof of legal practice as an
esthetics | 7 | | teacher in another jurisdiction for at least 3 years.
| 8 | | If the Department, in its discretion and in accordance with | 9 | | the rules, deems it necessary, an applicant registered or | 10 | | licensed under the laws of a foreign country or province may be | 11 | | required to pass an examination as required by this Act. | 12 | | An applicant who
has been licensed to practice esthetics in | 13 | | another state may
receive credit of at least 300 hours for each | 14 | | year of
experience toward the education required under this | 15 | | Act.
| 16 | | (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97 .)
| 17 | | (225 ILCS 410/Art. IIIB heading) | 18 | | ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
| 19 | | AND NAIL TECHNOLOGY SCHOOLS
| 20 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 21 | | (225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 3B-1. Application. The provisions of this Article are | 24 | | applicable
only to barber, cosmetology, esthetics, hair |
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| 1 | | braiding, and nail technology schools
regulated under this Act.
| 2 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 3 | | (225 ILCS 410/3B-10)
| 4 | | (Section scheduled to be repealed on January 1, 2016)
| 5 | | Sec. 3B-10. Requisites for ownership or operation of | 6 | | school. No person,
firm, or corporation may own, operate, or | 7 | | conduct a school of barbering, cosmetology,
esthetics, hair | 8 | | braiding, or nail technology for the purpose of teaching | 9 | | barbering, cosmetology,
esthetics, hair braiding, or nail | 10 | | technology for compensation unless licensed by the Department. | 11 | | A licensed school is a postsecondary educational institution | 12 | | authorized by the Department to provide a postsecondary | 13 | | education program in compliance with the requirements of this | 14 | | Act. An applicant shall apply to the Department on forms
| 15 | | provided by the Department, pay the required fees, and comply | 16 | | with the
following requirements:
| 17 | | 1. The applicant must submit to the Department for | 18 | | approval:
| 19 | | a. A floor plan, drawn to a scale specified on the | 20 | | floor plan,
showing every detail of the proposed | 21 | | school; and
| 22 | | b. A lease commitment or proof of ownership for the | 23 | | location of the
proposed school; a lease commitment | 24 | | must provide for execution of the lease
upon the | 25 | | Department's approval of the school's application and |
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| 1 | | the lease must
be for a period of at least one year.
| 2 | | c. (Blank).
| 3 | | 2. An application to own or operate a school shall | 4 | | include the following:
| 5 | | a. If the owner is a corporation, a copy of the | 6 | | Articles of
Incorporation;
| 7 | | b. If the owner is a partnership, a listing of all | 8 | | partners and their
current addresses;
| 9 | | c. If the applicant is an owner, a completed | 10 | | financial statement showing
the owner's ability to | 11 | | operate the school for at least 3 months;
| 12 | | d. A copy of the official enrollment agreement or | 13 | | student contract to be
used by the school, which shall | 14 | | be consistent with the requirements of
this Act and | 15 | | rules ;
| 16 | | e. A listing of all teachers who will be in the | 17 | | school's employ,
including their teacher license | 18 | | numbers;
| 19 | | f. A copy of the curricula that will be followed;
| 20 | | g. The names, addresses, and current status of all | 21 | | schools in which the
applicant has previously owned any | 22 | | interest, and a declaration as to whether
any of these | 23 | | schools were ever denied accreditation or licensing or | 24 | | lost
accreditation or licensing from any governmental | 25 | | body or accrediting agency;
| 26 | | h. Each application for a certificate of approval |
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| 1 | | shall be signed and
certified under oath by the | 2 | | school's chief managing employee and also by
its | 3 | | individual owner or owners; if the applicant is a | 4 | | partnership or a
corporation, then the application | 5 | | shall be signed and certified under oath by
the | 6 | | school's chief managing employee and also by each | 7 | | member of the partnership
or each officer of the | 8 | | corporation, as the case may be;
| 9 | | i. A copy of the school's official transcript; and
| 10 | | j. The required fee.
| 11 | | 3. Each application for a license to operate a
school | 12 | | shall also contain the following commitments:
| 13 | | a. To conduct the school in accordance with this | 14 | | Act and the standards,
and rules from time to time | 15 | | adopted under this Act and to meet standards and
| 16 | | requirements at least as stringent as those required by | 17 | | Part H of the Federal
Higher Education Act of 1965.
| 18 | | b. To permit the Department to inspect the school | 19 | | or classes thereof
from time to time with or without | 20 | | notice; and to make available to the
Department, at any | 21 | | time when required to do so, information including
| 22 | | financial information pertaining to the activities of | 23 | | the school required
for the administration of this Act | 24 | | and the standards and rules adopted under
this Act;
| 25 | | c. To utilize only advertising and solicitation | 26 | | which is free from
misrepresentation, deception, |
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| 1 | | fraud, or other misleading or unfair trade
practices;
| 2 | | d. To screen applicants to the school prior to | 3 | | enrollment pursuant to
the requirements of the | 4 | | school's regional or national accrediting agency,
if | 5 | | any, and to maintain any and all records of such | 6 | | screening. If the
course of instruction is offered in a | 7 | | language other than English, the
screening shall also | 8 | | be performed in that language;
| 9 | | e. To post in a conspicuous place a statement, | 10 | | developed by the
Department, of student's rights | 11 | | provided under this Act.
| 12 | | 4. The applicant shall establish to the satisfaction of | 13 | | the Department
that the owner possesses sufficient liquid | 14 | | assets to meet the prospective
expenses of the school for a | 15 | | period of 3 months. In the discretion of
the Department, | 16 | | additional proof of financial ability may be required.
| 17 | | 5. The applicant shall comply with all rules of the | 18 | | Department determining
the necessary curriculum and | 19 | | equipment required for the conduct of the school.
| 20 | | 6. The applicant must demonstrate employment of a | 21 | | sufficient number of
qualified teachers who are holders of | 22 | | a current license issued by the
Department.
| 23 | | 7.
A final inspection of the barber, cosmetology, | 24 | | esthetics, hair braiding, or nail technology school shall | 25 | | be
made by the Department before the school may commence | 26 | | classes.
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| 1 | | 8. A written inspection report must be made by the | 2 | | State Fire Marshal or a local fire authority approving the | 3 | | use of the proposed premises as a barber, cosmetology, | 4 | | esthetics, hair braiding, or nail technology school.
| 5 | | (Source: P.A. 98-238, eff. 1-1-14.)
| 6 | | (225 ILCS 410/3B-11)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 3B-11. Periodic review of barber, cosmetology, | 9 | | esthetics, hair braiding, and nail technology
schools. The | 10 | | Department shall review at least biennially all approved | 11 | | schools
and courses of instruction. The biennial review shall | 12 | | include consideration of
a comparison between the graduation or | 13 | | completion rate for the school and the
graduation or completion | 14 | | rate for the schools within that classification of
schools. | 15 | | Consideration shall be given to complaints and information | 16 | | forwarded
to the Department by the Federal Trade Commission, | 17 | | Better Business Bureaus, the
Illinois Attorney General's | 18 | | Office, a State's Attorney's Office,
other State or official | 19 | | approval agencies, local school officials, and
interested | 20 | | persons. The Department shall investigate all complaints
filed | 21 | | with the Department about a school or its sales | 22 | | representatives.
| 23 | | A school shall retain
the records, as defined by rule, of a | 24 | | student
who withdraws from or drops out of the school, by | 25 | | written notice of
cancellation or otherwise, for any period |
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| 1 | | longer than 7 years from the
student's first day of attendance. | 2 | | However, a school shall retain indefinitely
the transcript of | 3 | | each student who completes the program and
graduates from the | 4 | | school.
| 5 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 6 | | (225 ILCS 410/3B-12)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 3B-12. Enrollment agreements.
| 9 | | (a) Enrollment agreements shall be used by barber, | 10 | | cosmetology, esthetics, hair braiding, and nail
technology | 11 | | schools licensed to operate by the Department and shall include | 12 | | the
following written disclosures:
| 13 | | (1) The name and address of the school and the | 14 | | addresses where instruction
will be given;
| 15 | | (2) The name and description of the course of | 16 | | instruction, including the
number
of clock hours in each | 17 | | course and an approximate number of weeks or months
| 18 | | required for completion;
| 19 | | (3) The scheduled starting date and calculated | 20 | | completion date;
| 21 | | (4) The total cost of the course of instruction | 22 | | including any charges made
by the school for tuition, | 23 | | books, materials, supplies, and other expenses;
| 24 | | (5) A clear and conspicuous statement that the contract | 25 | | is a legally
binding instrument when signed by the student |
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| 1 | | and accepted by the school;
| 2 | | (6) A clear and conspicuous caption, "BUYER'S RIGHT TO | 3 | | CANCEL" under which
it is explained that the student has | 4 | | the right to cancel the initial enrollment
agreement until | 5 | | midnight of the fifth business day after the student has | 6 | | been
enrolled; and if notice of the right to cancel is not | 7 | | given to any prospective
student at the time the enrollment | 8 | | agreement is signed, then the student has
the right to | 9 | | cancel the agreement at any time and receive a refund of | 10 | | all
monies paid to date within 10 days of cancellation;
| 11 | | (7) A notice to the students that the cancellation must | 12 | | be in writing and
given to the registered agent, if any, or | 13 | | managing employee of the school;
| 14 | | (8) The school's refund policy for unearned tuition, | 15 | | fees, and other
charges;
| 16 | | (9) The date of the student's signature and the date of | 17 | | the student's
admission;
| 18 | | (10) The name of the school employee or agent | 19 | | responsible for procuring,
soliciting, or enrolling the | 20 | | student;
| 21 | | (11) A clear statement that the institution does not | 22 | | guarantee employment
and a statement describing the | 23 | | school's placement assistance procedures;
| 24 | | (12) The graduation requirements of the school;
| 25 | | (13) The contents of the following notice, in at least | 26 | | 10 point bold type:
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| 1 | | "NOTICE TO THE STUDENT"
| 2 | | "Do not sign this contract before you read it or if it | 3 | | contains
any blank space.
You are entitled to an exact copy | 4 | | of the contract you sign."
| 5 | | (14) A statement either in the enrollment agreement or | 6 | | separately provided
and
acknowledged by the student | 7 | | indicating the number of students who did not
complete the | 8 | | course of instruction for which they enrolled for the past
| 9 | | calendar year as compared to the number of students who | 10 | | enrolled in school
during the school's past calendar year;
| 11 | | (15) The following clear and conspicuous caption: | 12 | | "COMPLAINTS AGAINST
THIS SCHOOL MAY BE REGISTERED WITH THE | 13 | | DEPARTMENT OF FINANCIAL AND PROFESSIONAL
REGULATION", set | 14 | | forth with the address and telephone number of the
| 15 | | Department's Chicago and Springfield offices.
| 16 | | (b) If the enrollment is negotiated orally in a language | 17 | | other than English,
then copies
of the above disclosures shall | 18 | | be tendered in the language in which the
contract was | 19 | | negotiated prior to executing the enrollment agreement.
| 20 | | (c) The school shall comply with all applicable | 21 | | requirements of the Retail
Installment Sales Act in its | 22 | | enrollment agreement or student contracts.
| 23 | | (d) No enrollment agreement or student contract shall | 24 | | contain a wage
assignment provision or a confession of judgment | 25 | | clause.
| 26 | | (e) Any provision in an enrollment agreement or student |
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| 1 | | contract that
purports
to waive the student's right to assert | 2 | | against the school, or any assignee, any
claim or defense he or | 3 | | she may have against the school arising under the
contract | 4 | | shall be void.
| 5 | | (f) Two copies of the enrollment agreement shall be signed | 6 | | by the
student. One copy shall be given to the student and the | 7 | | school shall retain
the other copy as part of the student's | 8 | | permanent record.
| 9 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 10 | | (225 ILCS 410/3B-15)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 3B-15. Grounds for disciplinary action. In addition to | 13 | | any
other cause herein set forth the Department may refuse to | 14 | | issue or renew and
may suspend, place on probation, or revoke | 15 | | any license to operate a school, or
take any other disciplinary | 16 | | or non-disciplinary action that the Department may deem proper, | 17 | | including the
imposition of fines not to exceed $5,000 for each | 18 | | violation, for any
one or any combination of the following | 19 | | causes:
| 20 | | (1) Repeated violation of any provision of this Act or | 21 | | any standard or rule
established under this Act.
| 22 | | (2) Knowingly furnishing false, misleading, or | 23 | | incomplete information to the
Department or failure to | 24 | | furnish information requested by the Department.
| 25 | | (3) Violation of any commitment made in an application |
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| 1 | | for a license,
including failure to maintain standards that | 2 | | are the same as, or substantially
equivalent to, those | 3 | | represented in the school's applications
and
advertising.
| 4 | | (4) Presenting to prospective students information | 5 | | relating to the school,
or to employment opportunities or | 6 | | opportunities for enrollment in institutions
of higher | 7 | | learning after entering into or completing courses offered | 8 | | by the
school, that is false, misleading, or
fraudulent.
| 9 | | (5) Failure to provide premises or equipment or to | 10 | | maintain them in a safe
and sanitary condition as required | 11 | | by law.
| 12 | | (6) Failure to maintain financial resources adequate | 13 | | for the satisfactory
conduct of the courses of instruction | 14 | | offered or to retain a sufficient and
qualified | 15 | | instructional and administrative staff.
| 16 | | (7) Refusal to admit applicants on account of race, | 17 | | color, creed, sex,
physical or mental handicap unrelated to | 18 | | ability, religion, or national
origin.
| 19 | | (8) Paying a commission or valuable consideration to | 20 | | any person for acts or
services performed in violation of | 21 | | this Act.
| 22 | | (9) Attempting to confer a fraudulent degree, diploma, | 23 | | or certificate upon a
student.
| 24 | | (10) Failure to correct any deficiency or act of | 25 | | noncompliance under this
Act or the standards and rules | 26 | | established under this Act within reasonable
time limits |
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| 1 | | set by the Department.
| 2 | | (11)
Conduct of business or instructional services | 3 | | other than at locations
approved by the Department.
| 4 | | (12) Failure to make all of the disclosures or making | 5 | | inaccurate disclosures
to the Department or in the | 6 | | enrollment agreement as required under this Act.
| 7 | | (13) Failure to make appropriate refunds as required by | 8 | | this Act.
| 9 | | (14) Denial, loss, or withdrawal of accreditation by | 10 | | any
accrediting agency.
| 11 | | (15) During any
calendar year, having a failure rate of | 12 | | 25% or greater for
those of its students who for the first | 13 | | time take the
examination authorized by
the Department to | 14 | | determine fitness to receive a license as a barber, barber | 15 | | teacher, cosmetologist,
cosmetology teacher, esthetician, | 16 | | esthetician
teacher, hair braider, hair braiding teacher, | 17 | | nail technician, or nail
technology teacher, provided that | 18 | | a
student who transfers into the school having completed | 19 | | 50% or more of the required program and who
takes the | 20 | | examination during that calendar year shall not be counted | 21 | | for
purposes of determining the school's failure rate on an
| 22 | | examination, without
regard to whether that transfer | 23 | | student passes or fails the examination.
| 24 | | (16) Failure to maintain a written record indicating | 25 | | the funds
received per student and funds paid out per | 26 | | student. Such records shall be
maintained for a minimum of |
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| 1 | | 7 years and shall be made available to the
Department upon | 2 | | request. Such records shall identify the funding source and
| 3 | | amount for any student who has enrolled as well as any | 4 | | other item set forth by
rule.
| 5 | | (17) Failure to maintain a copy of the student record | 6 | | as defined by rule.
| 7 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 8 | | (225 ILCS 410/3B-16 new) | 9 | | Sec. 3B-16. Department of Corrections.
The Secretary may | 10 | | waive any requirement of this Act or of the rules enacted by | 11 | | the Department pursuant to this Act pertaining to the operation | 12 | | of a barber, cosmetology, esthetics, hair braiding, or nail | 13 | | technology school owned or operated by the Department of | 14 | | Corrections and located in a correctional facility to educate | 15 | | inmates that is inconsistent with the mission or operations of | 16 | | the Department of Corrections or is detrimental to the safety | 17 | | and security of any correctional facility. Nothing in this | 18 | | Section 3B-16 exempts the Department of Corrections from the | 19 | | necessity of licensure.
| 20 | | (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 3C-1. Definitions. "Nail technician" means any person | 23 | | who for
compensation manicures, pedicures, or decorates nails, | 24 | | applies artificial applications
by hand or with mechanical or |
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| 1 | | electrical
apparatus or appliances, or in any way beautifies | 2 | | the nails or the skin of the
hands or feet including massaging | 3 | | the hands, arms, elbows, feet, lower legs,
and
knees of another
| 4 | | person for other than the treatment of medical disorders.
| 5 | | However, nail technicians are prohibited from using | 6 | | techniques, products, and practices intended to affect the | 7 | | living layers of the skin. The
term nail technician includes | 8 | | rendering advice on what is cosmetically
appealing, but no | 9 | | person licensed under this Act shall render advice on what is
| 10 | | appropriate medical treatment for diseases of the nails or | 11 | | skin.
| 12 | | "Nail technician teacher" means an individual licensed by
| 13 | | the Department to provide instruction in the theory and | 14 | | practice of nail
technology to students in an approved nail | 15 | | technology school.
| 16 | | "Licensed nail technology clinic teacher" means an | 17 | | individual licensed by
the
Department to practice nail | 18 | | technology as defined in this Act and to provide
clinical
| 19 | | instruction in the practice of nail technology in an approved | 20 | | school of
cosmetology
or an approved school of nail technology.
| 21 | | (Source: P.A. 94-451, eff. 12-31-05.)
| 22 | | (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
| 23 | | (Section scheduled to be repealed on January 1, 2016)
| 24 | | Sec. 3C-3. Licensure as a nail technology teacher or nail | 25 | | technology
clinic teacher ; qualifications.
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| 1 | | (a) A person
is qualified to receive a license as a nail | 2 | | technology teacher if that person
has filed an application on | 3 | | forms provided by the Department, paid the required
fee, and:
| 4 | | (1) is at least 18 years of age;
| 5 | | (2) has graduated from high school or its equivalent;
| 6 | | (3) has a current license as a cosmetologist or nail
| 7 | | technician;
| 8 | | (4) has either: (1) completed a program of 500 hours of | 9 | | teacher
training
in a
licensed school of nail technology or | 10 | | cosmetology, and had 2 years of practical
experience as a | 11 | | nail
technician; or (2) has completed a program of 625 | 12 | | hours of teacher training
in
a licensed school of | 13 | | cosmetology approved to teach nail
technology or school of | 14 | | nail technology; and
| 15 | | (5) who has passed an examination authorized by the
| 16 | | Department
to determine eligibility to receive a license as | 17 | | a cosmetology or nail technology
teacher.
| 18 | | (b) A person is qualified to receive a license as a nail | 19 | | technology clinic
teacher if that person has applied in writing | 20 | | on forms supplied by the
Department, paid the required fees, | 21 | | and:
| 22 | | (1) is at least 18 years of age;
| 23 | | (2) has graduated from high school or its equivalent;
| 24 | | (3) has a current license as a licensed cosmetologist | 25 | | or nail technician;
| 26 | | (4) has (i) completed a program of 250 hours of clinic |
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| 1 | | teacher training in
a licensed
school of cosmetology or a | 2 | | licensed nail technology school or (ii) within 5 years | 3 | | preceding the examination, has obtained a minimum of 2 | 4 | | years of
practical experience working at least 30 full-time | 5 | | hours per week as a licensed
cosmetologist or nail | 6 | | technician and has completed an instructor's institute of | 7 | | 20 hours, as prescribed by the Department, prior to | 8 | | submitting an application for examination;
| 9 | | (5) has passed an examination authorized by the | 10 | | Department to determine
eligibility to receive a license as | 11 | | a licensed cosmetology teacher or
licensed
nail technology | 12 | | teacher;
| 13 | | (6) demonstrates, to the satisfaction of the | 14 | | Department, current skills in
the use of machines used in | 15 | | the practice of nail technology; and
| 16 | | (7)
has met any other requirements required by this | 17 | | Act.
| 18 | | The Department shall not issue any new nail technology | 19 | | clinic teacher licenses after January 1, 2009. Any person | 20 | | issued a license as a nail technology clinic teacher before | 21 | | January 1, 2009, may renew the license after that date under | 22 | | this Act and that person may continue to renew the license or | 23 | | have the license restored during his or her lifetime, subject | 24 | | only to the renewal or restoration requirements for the license | 25 | | under this Act; however, such licensee and license shall remain | 26 | | subject to the provisions of this Act, including, but not |
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| 1 | | limited to, provisions concerning renewal, restoration, fees, | 2 | | continuing education, discipline, administration, and | 3 | | enforcement.
| 4 | | (b) (c) An applicant who receives a license as a nail | 5 | | technology teacher
or nail technology clinic teacher shall not | 6 | | be required to maintain a
license as a nail technician.
| 7 | | (Source: P.A. 94-451, eff. 12-31-05.)
| 8 | | (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
| 9 | | (Section scheduled to be repealed on January 1, 2016)
| 10 | | Sec. 3C-7. Examinations; failure or refusal to take | 11 | | examination. The
Department shall authorize examinations of | 12 | | applicants for licenses as nail
technicians and teachers of | 13 | | nail
technology at the times and places as it may determine.
| 14 | | The Department shall authorize not less than 4 examinations | 15 | | for
licenses as nail
technicians, and nail technology teachers | 16 | | in a calendar
year.
| 17 | | If an applicant neglects, fails without an approved excuse, | 18 | | or refuses to
take the next available examination offered for | 19 | | licensure
under this Act,
the fee paid by the applicant shall | 20 | | be forfeited to the Department and the
application denied. If | 21 | | an applicant fails to pass an examination for
licensure under | 22 | | this Act within 3 years after filing an
application,
the | 23 | | application shall be denied. Nevertheless, the applicant may | 24 | | thereafter
make a new application for examination, accompanied | 25 | | by the required fee,
if he or she meets the requirements in |
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| 1 | | effect at the time of reapplication.
If an applicant for | 2 | | licensure as a nail
technician or , nail technology teacher , or | 3 | | nail technology
clinic teacher is
unsuccessful at 3 | 4 | | examinations conducted by the Department, the
applicant
shall, | 5 | | before taking a subsequent examination, furnish evidence of
| 6 | | successfully completing (i) for a nail technician, not less | 7 | | than 60 hours
of additional study of nail
technology in a | 8 | | licensed school of cosmetology approved
to
teach nail | 9 | | technology or nail
technology and (ii) for a nail technology | 10 | | teacher or nail technology clinic
teacher , not less than 80 | 11 | | hours of
additional study in teaching methodology and | 12 | | educational psychology in an
approved school of cosmetology or | 13 | | nail technology since
the applicant last took the examination.
| 14 | | An applicant who fails the fourth examination shall not
| 15 | | again be admitted to an examination unless: (i) in the case of | 16 | | an
applicant for a license as a nail technician, the applicant | 17 | | again takes
and completes a total of 350 hours in the study of | 18 | | nail technology in an
approved school of cosmetology or nail | 19 | | technology extending over a
period that commences after the | 20 | | applicant fails to pass the fourth examination
and that is not | 21 | | less than 8 weeks nor more than 2 consecutive years in
| 22 | | duration; or (ii) in the case of an applicant for licensure as | 23 | | a nail
technology teacher, the applicant again takes and | 24 | | completes a program of 625
hours of teacher training in a | 25 | | licensed an approved school of cosmetology, or nail
technology, | 26 | | except that if the applicant had 2 years of practical |
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| 1 | | experience as
a licensed nail technician within 5 years | 2 | | preceding the initial examination
taken by the applicant, the | 3 | | applicant must again take and complete a program
of 500
hours | 4 | | of teacher training in a licensed school of cosmetology | 5 | | approved to teach
nail technology, or a licensed school of nail | 6 | | technology or a program of
250 hours of
clinic teacher training | 7 | | in a licensed school of cosmetology .
| 8 | | Each applicant for licensure as a nail technician shall
be | 9 | | given a written examination
testing both theoretical and | 10 | | practical knowledge, which shall include, but
not be limited | 11 | | to, questions that determine the applicant's knowledge of
| 12 | | product chemistry, sanitary rules, sanitary procedures,
| 13 | | hazardous chemicals and exposure minimization, this
Act, and | 14 | | labor and compensation laws.
| 15 | | The examination for licensure as a nail technology teacher | 16 | | or nail
technology clinic teacher may
include knowledge of the | 17 | | subject matter, teaching methodology, classroom
management, | 18 | | record keeping, and any other subjects that the Department in | 19 | | its
discretion may deem necessary to insure competent | 20 | | performance.
| 21 | | This Act does not prohibit the practice of nail technology | 22 | | by a person
who has applied in writing to the Department, in | 23 | | form and substance
satisfactory to the Department, for a | 24 | | license as a nail
technician, or the teaching of nail | 25 | | technology by one who has applied in
writing to the Department, | 26 | | in form and substance satisfactory to the
Department, for a |
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| 1 | | license as a nail technology teacher or nail technology
clinic | 2 | | teacher , if the person has
complied with all the provisions of | 3 | | this Act in order
to qualify for a license, except the passing | 4 | | of an
examination to be eligible to receive a license, until: | 5 | | (a)
the expiration of 6 months after the filing of the written | 6 | | application, or (b)
the decision of the Department that the | 7 | | applicant has failed to pass an
examination within 6 months or | 8 | | failed without an approved excuse to take an
examination | 9 | | conducted within 6 months by the Department, or (c) the
| 10 | | withdrawal of the application.
| 11 | | (Source: P.A. 90-302, eff. 8-1-97; 91-863, eff. 7-1-00 .)
| 12 | | (225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 3C-8. License renewal; expiration; continuing | 15 | | education;
persons in military service. The holder of a license
| 16 | | issued under this Article may renew that license during the
| 17 | | month preceding the expiration date of the license by
paying | 18 | | the required fee and giving evidence, as the Department may | 19 | | prescribe,
of completing not
less than 10 hours of continuing | 20 | | education for a nail technician
and 20 hours of continuing | 21 | | education for a nail technology teacher or nail
technology | 22 | | clinic teacher , within
the 2 years prior
to renewal. The | 23 | | continuing education shall be in subjects approved by the
| 24 | | Department upon recommendation of the Barber, Cosmetology, | 25 | | Esthetics, Hair Braiding, and
Nail Technology Board Committee |
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| 1 | | relating to the practice of nail technology,
including, but not | 2 | | limited to, review of sanitary procedures, review of
chemical | 3 | | service procedures, review of this Act, and review of the | 4 | | Workers'
Compensation Act. However, at least 10 of the hours of | 5 | | continuing education
required for a nail technology teacher or | 6 | | nail technology clinic teacher
shall be in subjects relating to
| 7 | | teaching methodology, educational psychology, and classroom | 8 | | management or in
other subjects related to teaching.
| 9 | | A license that has been expired or placed on inactive | 10 | | status may
be restored only by payment of the restoration fee | 11 | | and submitting evidence
satisfactory to the Department of the | 12 | | meeting of current qualifications and
fitness of the licensee, | 13 | | including the completion of
continuing education hours for the | 14 | | period subsequent to
expiration.
| 15 | | A license issued under this Article that
has expired while | 16 | | the holder of the license
was engaged (1) in federal service on | 17 | | active duty with the Army of the United
States, the United | 18 | | States Navy, the Marine Corps, the Air Force, the Coast
Guard, | 19 | | or any Women's Auxiliary thereof, or the State Militia called | 20 | | into
the service or training of the United States of America, | 21 | | or (2) in training
or education under the supervision of the | 22 | | United States preliminary to
induction into the military | 23 | | service, may be reinstated or restored without
the payment of | 24 | | any lapsed renewal fees, reinstatement fee or restoration
fee | 25 | | if, within 2 years after the termination of the service, | 26 | | training, or
education other than by dishonorable discharge, |
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| 1 | | the holder furnishes the
Department with an affidavit to the | 2 | | effect that the certificate holder has
been so engaged and that | 3 | | the service, training, or education has been so
terminated.
| 4 | | The Department, in its discretion, may waive enforcement of | 5 | | the continuing
education requirement in this Section, and shall | 6 | | adopt rules defining the
standards and criteria for such | 7 | | waiver, under the following circumstances:
| 8 | | (a) the licensee resides in a locality where it is | 9 | | demonstrated that the
absence of opportunities for such | 10 | | education would interfere with the ability of
the licensee to | 11 | | provide service to the public;
| 12 | | (b) the licensee's compliance with the continuing | 13 | | education requirements
would cause a substantial financial | 14 | | hardship on the licensee;
| 15 | | (c) the licensee is serving in the United States Armed | 16 | | Forces; or
| 17 | | (d) the licensee is incapacitated due to illness.
| 18 | | (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97; | 19 | | 90-302, eff.
8-1-97 .)
| 20 | | (225 ILCS 410/3C-9) (from Ch. 111, par. 1703C-9)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 3C-9. Nail technicians or nail technology teachers | 23 | | licensed elsewhere Endorsement . Upon payment of the required | 24 | | fee, an applicant
who is a nail technician or , nail technology | 25 | | teacher , or nail
technology clinic teacher registered or |
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| 1 | | licensed under the laws of another
state or territory of the | 2 | | United States or of a foreign country or province
may be | 3 | | granted a license as a nail technician or ,
nail technician | 4 | | teacher , or nail technology clinic teacher
by the Department in | 5 | | its discretion upon the following conditions:
| 6 | | (a) For a nail technologist registered or licensed | 7 | | elsewhere:
| 8 | | (1) the applicant is at least 16 years of age;
| 9 | | (1.5) the applicant has passed an examination | 10 | | authorized by the
Department to determine eligibility to | 11 | | receive a license as a nail technician;
and
| 12 | | (2) the requirements for the registration or licensing | 13 | | of nail
technicians in the particular state, territory, | 14 | | country or province were,
at the date of licensure, | 15 | | substantially equivalent to the requirements then
in force | 16 | | in this State. The Department shall prescribe reasonable | 17 | | rules and
regulations governing the recognition of and the | 18 | | credit to be given to the
study of nail technology under a | 19 | | cosmetologist or nail technician
registered or licensed | 20 | | under the laws of another state or territory of the
United | 21 | | States or a foreign country or province by an applicant for | 22 | | a
license as a nail
technician.
| 23 | | (b) For a nail technology teacher or nail technology clinic | 24 | | teacher
licensed or registered elsewhere:
| 25 | | (1) the applicant is at least 18 years of age;
| 26 | | (1.5) the applicant has passed an examination |
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| 1 | | authorized by the
Department to determine eligibility to | 2 | | receive a license as a nail technology
teacher; and
| 3 | | (2) the requirements for the licensing of nail | 4 | | technology teachers or
nail technology clinic teachers in | 5 | | the other jurisdiction were, at the date
of licensure, | 6 | | substantially equivalent to the requirements then in force | 7 | | in
this State; or the applicant has established proof of | 8 | | legal practice as a nail
technology teacher or nail | 9 | | technology clinic teacher in another
jurisdiction for
at | 10 | | least 3 years.
| 11 | | The Department shall allow applicants who have been | 12 | | licensed to practice
nail technology in other states a credit | 13 | | of at least 75 hours for each
year of experience toward the | 14 | | education required under this Act.
| 15 | | (Source: P.A. 94-451, eff. 12-31-05.)
| 16 | | (225 ILCS 410/4-1)
| 17 | | (Section scheduled to be repealed on January 1, 2016)
| 18 | | Sec. 4-1. Powers and duties of Department. The Department | 19 | | shall
exercise, subject to the provisions of this Act, the | 20 | | following functions,
powers and duties:
| 21 | | (1) To cause to be conducted examinations to ascertain | 22 | | the
qualifications and fitness of applicants for licensure | 23 | | as
cosmetologists, estheticians, nail technicians, hair | 24 | | braiders, or barbers and as
cosmetology, esthetics, nail | 25 | | technology, hair braiding, or barber teachers.
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| 1 | | (2) To determine the qualifications for licensure as | 2 | | (i) a
cosmetologist,
esthetician, nail technician, hair | 3 | | braider, or barber, or (ii) a cosmetology, esthetics, nail
| 4 | | technology, hair braiding, or barber teacher, or (iii) a | 5 | | cosmetology , esthetics, hair braiding, or nail technology
| 6 | | clinic teacher for persons currently holding similar | 7 | | licenses
outside the State of
Illinois or the continental | 8 | | U.S.
| 9 | | (3) To prescribe rules for:
| 10 | | (i) The method of examination of candidates for | 11 | | licensure as a
cosmetologist, esthetician, nail | 12 | | technician, hair braider, or barber or cosmetology,
| 13 | | esthetics, nail technology, hair braiding, or barber | 14 | | teacher.
| 15 | | (ii) Minimum standards as to what constitutes an | 16 | | approved
cosmetology, esthetics, nail technology, hair | 17 | | braiding, or barber school.
| 18 | | (4) To conduct investigations or hearings on | 19 | | proceedings to
determine
disciplinary action.
| 20 | | (5) To prescribe reasonable rules governing the | 21 | | sanitary
regulation
and inspection of cosmetology, | 22 | | esthetics, nail technology, hair braiding, or barber
| 23 | | schools, salons, or shops.
| 24 | | (6) To prescribe reasonable rules for the method of | 25 | | renewal for each license
as a cosmetologist, esthetician, | 26 | | nail technician, hair braider,
or barber or cosmetology, |
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| 1 | | esthetics, nail technology, hair braiding, or
barber | 2 | | teacher or cosmetology , esthetics, hair braiding, or nail | 3 | | technology clinic
teacher.
| 4 | | (7) To prescribe reasonable rules for the method of
| 5 | | registration, the
issuance, fees, renewal and discipline | 6 | | of a certificate of registration for the
ownership or | 7 | | operation of cosmetology, esthetics, hair braiding, and | 8 | | nail technology salons
and barber shops.
| 9 | | (8) To adopt rules concerning sanitation requirements, | 10 | | requirements for education on sanitation, and any other | 11 | | health concerns associated with threading. | 12 | | (Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11; | 13 | | 97-333, eff. 8-12-11.)
| 14 | | (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
| 15 | | (Section scheduled to be repealed on January 1, 2016)
| 16 | | Sec. 4-4. Issuance of license. Whenever the provisions
of | 17 | | this Act have been complied with, the Department shall issue a | 18 | | license as a
cosmetologist, esthetician,
nail technician, hair | 19 | | braider, or barber, a license as
a cosmetology, esthetics, nail | 20 | | technology, hair braiding, or barber teacher,
or a license as a | 21 | | cosmetology , esthetics, hair braiding, or nail technology | 22 | | clinic teacher
as the case may be.
| 23 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 24 | | (225 ILCS 410/4-5.1)
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| 1 | | (Section scheduled to be repealed on January 1, 2016)
| 2 | | Sec. 4-5.1. Deposit of fees and fines. Beginning July 1, | 3 | | 1995, all of the
fees and fines collected under this Act shall | 4 | | be deposited into the General
Professions Dedicated Fund.
| 5 | | The funds deposited under this Act into the General | 6 | | Professions Dedicated
Fund, may be used by the Department to | 7 | | publish and distribute a newsletter to
all persons licensed | 8 | | under this Act; such a newsletter should contain
information | 9 | | about any changes in the Act or administrative rules concerning | 10 | | licensees
cosmetologists, cosmetology teachers, or cosmetology | 11 | | clinic teachers . If
appropriate funding is available, the | 12 | | Department may also distribute to all
persons licensed under | 13 | | this Act copies of this Act and the appropriate
administrative | 14 | | rules that apply, during the renewal process.
| 15 | | (Source: P.A. 90-602, eff. 1-1-99 .)
| 16 | | (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
| 17 | | (Section scheduled to be repealed on January 1, 2016)
| 18 | | Sec. 4-7. Refusal, suspension and revocation of licenses; | 19 | | causes;
disciplinary action. | 20 | | (1) The Department may refuse to issue or renew, and
may | 21 | | suspend, revoke, place on probation, reprimand or take any | 22 | | other
disciplinary or non-disciplinary action as the | 23 | | Department may deem proper, including civil
penalties not to | 24 | | exceed $500 for each violation, with regard to any
license for | 25 | | any one, or any combination, of
the
following causes:
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| 1 | | a. Conviction of any crime
under the laws of the United | 2 | | States or any state or territory thereof that
is (i) a | 3 | | felony, (ii) a misdemeanor, an essential element
of which | 4 | | is dishonesty, or (iii) a crime which is related to the | 5 | | practice of
the profession.
| 6 | | b. Conviction of any of the violations listed in
| 7 | | Section 4-20.
| 8 | | c. Material misstatement in furnishing information to | 9 | | the Department.
| 10 | | d. Making any misrepresentation for the purpose of | 11 | | obtaining
a license or violating any provision of this Act | 12 | | or its rules.
| 13 | | e. Aiding or assisting another person in violating any | 14 | | provision of this
Act or its rules.
| 15 | | f. Failing, within 60 days, to provide information in | 16 | | response to a
written request made by the Department.
| 17 | | g. Discipline by another state, territory, or country | 18 | | if at least one of
the grounds for the discipline is the | 19 | | same as or substantially equivalent to
those set forth in | 20 | | this Act.
| 21 | | h. Practice in the barber, nail technology, esthetics, | 22 | | hair braiding, or
cosmetology profession, or an attempt to | 23 | | practice in those professions, by
fraudulent | 24 | | misrepresentation.
| 25 | | i. Gross malpractice or gross incompetency.
| 26 | | j. Continued practice by a person knowingly having an
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| 1 | | infectious
or contagious disease.
| 2 | | k. Solicitation of professional services by using | 3 | | false or
misleading advertising.
| 4 | | l. A finding by the Department that the licensee, after | 5 | | having his or
her license placed on probationary status, | 6 | | has violated the terms of
probation.
| 7 | | m. Directly or indirectly giving to or receiving from | 8 | | any person, firm,
corporation, partnership or association | 9 | | any fee, commission, rebate, or other
form of compensation | 10 | | for any professional services not actually or personally
| 11 | | rendered.
| 12 | | n. Violating any of the provisions of this Act or rules | 13 | | adopted
pursuant to this Act.
| 14 | | o. Willfully making or filing false records or reports | 15 | | relating to a
licensee's practice, including but not | 16 | | limited to, false records filed with
State agencies or | 17 | | departments.
| 18 | | p. Habitual or excessive use
addiction to alcohol, | 19 | | narcotics, stimulants, or any other chemical agent or
drug | 20 | | that results in the inability to practice with reasonable | 21 | | judgment, skill
or safety.
| 22 | | q. Engaging in dishonorable, unethical or | 23 | | unprofessional conduct of a character likely to deceive,
| 24 | | defraud, or harm the public as may be defined by rules of | 25 | | the Department, or
violating
the rules of professional | 26 | | conduct which may be adopted by the Department.
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| 1 | | r. Permitting any person to use for any unlawful or | 2 | | fraudulent
purpose one's diploma or license or certificate | 3 | | of registration as a
cosmetologist, nail technician, | 4 | | esthetician, hair braider, or barber or cosmetology,
nail | 5 | | technology, esthetics, hair braiding, or barber teacher or | 6 | | salon or shop or
cosmetology , esthetics, hair braiding, or | 7 | | nail technology clinic teacher.
| 8 | | s. Being named as a perpetrator in an indicated report | 9 | | by the Department
of Children and Family Services under the | 10 | | Abused and Neglected Child Reporting
Act and upon proof by | 11 | | clear and convincing evidence that the licensee has
caused | 12 | | a child to be an abused child or neglected child as defined | 13 | | in the
Abused and Neglected Child Reporting Act.
| 14 | | (2) In rendering an order, the Secretary shall take into
| 15 | | consideration the facts and circumstances involving the type of | 16 | | acts
or omissions in paragraph (1) of this Section including, | 17 | | but 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 shall reissue the license or | 3 | | registration upon
certification by the Board Committee that the | 4 | | disciplined licensee or registrant
has complied with all of the | 5 | | terms and conditions set forth in the final
order or has been | 6 | | sufficiently rehabilitated to warrant the public trust.
| 7 | | (4) The Department shall may refuse to issue or renew or | 8 | | may suspend without hearing the license or
certificate of | 9 | | registration
of any person who fails to file a return, or to | 10 | | pay the tax, penalty or
interest shown in a filed return, or to | 11 | | pay any final assessment of tax,
penalty or interest, as | 12 | | required by any tax Act administered by the
Illinois Department | 13 | | of Revenue, until such time as the requirements of any
such tax | 14 | | Act are satisfied as determined by the Department of Revenue .
| 15 | | (5) The Department shall deny without hearing any | 16 | | application for a
license or renewal of a license under this | 17 | | Act by a person who has defaulted on
an educational loan | 18 | | guaranteed by the Illinois Student Assistance Commission;
| 19 | | however, the Department may issue or renew a license if the | 20 | | person in default
has established a satisfactory repayment | 21 | | record as determined by the Illinois
Student Assistance | 22 | | Commission.
| 23 | | (6) All fines imposed under this Section shall be paid | 24 | | within 60 days after the effective date of the order imposing | 25 | | the fine or in accordance with the terms set forth in the order | 26 | | imposing the fine. |
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| 1 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 2 | | (225 ILCS 410/4-8) (from Ch. 111, par. 1704-8)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 4-8. Persons in need of
mental treatment. The | 5 | | determination by a circuit
court that a licensee is
subject to | 6 | | involuntary admission or judicial admission as provided
in the | 7 | | Mental Health and Developmental Disabilities Code operates as | 8 | | an
automatic suspension. Such suspension shall end only upon a | 9 | | finding
by a court that the patient is no longer subject to | 10 | | involuntary
admission or judicial admission and issues an order | 11 | | so finding and
discharging the patient; and upon the | 12 | | recommendation of the Board
Committee to the Secretary that the | 13 | | licensee be allowed to
resume his practice.
| 14 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 15 | | (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 4-9. Practice without a license or after suspension or | 18 | | revocation
thereof. | 19 | | (a) If any person violates the provisions of this Act, the | 20 | | Secretary
may, in the name of the People of the State of | 21 | | Illinois, through the
Attorney General of the State of | 22 | | Illinois, petition, for an order
enjoining such violation or | 23 | | for an order enforcing compliance with
this Act. Upon the | 24 | | filing of a verified petition in such court, the
court may |
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| 1 | | issue a temporary restraining order, without notice or
bond, | 2 | | and may preliminarily and permanently enjoin such violation,
| 3 | | and if it is established that such person has violated or is
| 4 | | violating the injunction, the Court may punish the offender for
| 5 | | contempt of court. Proceedings under this Section shall be in
| 6 | | addition to, and not in lieu of, all other remedies and | 7 | | penalties
provided by this Act.
| 8 | | (b) If any person shall practice as a barber, | 9 | | cosmetologist, nail
technician, hair braider, or esthetician, | 10 | | or teacher thereof or cosmetology , esthetics, hair braiding, or
| 11 | | nail technology clinic teacher or hold himself or herself out | 12 | | as such
without being licensed under the provisions of this | 13 | | Act, any
licensee, any interested party, or any person injured | 14 | | thereby
may, in addition to the Secretary, petition for relief | 15 | | as provided in subsection
(a) of this Section.
| 16 | | (c) Whenever in the opinion of the Department any person | 17 | | violates
any provision of this Act, the Department may issue a | 18 | | rule to show
cause why an order to cease and desist should not | 19 | | be entered against
him. The rule shall clearly set forth the | 20 | | grounds relied upon by
the Department and shall provide a | 21 | | period of 7 days from the date of
the rule to file an answer to | 22 | | the satisfaction of the Department.
Failure to answer to the | 23 | | satisfaction of the Department shall cause
an order to cease | 24 | | and desist to be issued immediately.
| 25 | | (Source: P.A. 96-1246, eff. 1-1-11.)
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| 1 | | (225 ILCS 410/4-10) (from Ch. 111, par. 1704-10)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 4-10. Refusal, suspension and revocation of
licenses; | 4 | | investigations and hearing.
The Department may upon its own | 5 | | motion and shall, upon the
verified complaint in writing of any | 6 | | person setting forth the facts
which if proven would constitute | 7 | | grounds for disciplinary action as
set forth in Section 4-7, | 8 | | investigate the actions of any person
holding or claiming to | 9 | | hold a license.
The Department shall, at least 30 days prior to | 10 | | the date set for
the hearing, notify in writing the applicant | 11 | | or the holder of that license of any charges made and shall | 12 | | afford the accused person
an opportunity to be heard in person | 13 | | or by counsel in reference
thereto. The Department shall
direct | 14 | | the applicant or licensee to file a written answer to the Board | 15 | | under
oath within 20 days after the service of the notice and | 16 | | inform the applicant
or licensee that failure to file an answer | 17 | | will result in default being
taken against the applicant or | 18 | | licensee and that the license
may be
suspended, revoked, placed | 19 | | on probationary status, or other disciplinary
action may be | 20 | | taken, including limiting the scope, nature or extent of
| 21 | | practice, as the Secretary may deem proper.
The written notice | 22 | | may be served by the delivery of the
notice personally to the | 23 | | accused person, or by mailing the notice by
registered or | 24 | | certified mail to the place of business last specified by the
| 25 | | accused person in his last notification
to the Department.
In | 26 | | case the person fails to file an answer after receiving notice, |
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| 1 | | his or
her license or certificate may, in the discretion of the | 2 | | Department be
suspended, revoked, or placed on probationary | 3 | | status, or the Department, may
take whatever disciplinary | 4 | | action deemed proper, including limiting the
scope, nature, or | 5 | | extent of the person's practice or the imposition of a
fine, | 6 | | without a hearing, if the act or acts charged constitute | 7 | | sufficient
grounds for such action under this Act.
At the time | 8 | | and place fixed in the notice, the Board
Committee designated | 9 | | by the Secretary,
as provided in this Act, shall proceed to | 10 | | hearing of the
charges and both the accused person and the | 11 | | complainant shall be
accorded ample opportunity to present in | 12 | | person or by counsel, any
statements, testimony, evidence and | 13 | | arguments as may be pertinent to
the charges or their defense. | 14 | | The Board Committee may continue a
hearing from time to time. | 15 | | If the Committee is not sitting at the
time and place fixed in | 16 | | the notice or at the time and place to which
hearing has been | 17 | | continued, the Department shall continue the
hearing for not | 18 | | more than 30 days.
| 19 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 20 | | (225 ILCS 410/4-11) (from Ch. 111, par. 1704-11)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 4-11. Record of proceedings.
The Department, at its | 23 | | expense, shall provide a stenographer to
take down the | 24 | | testimony and preserve a record of all proceedings at
the | 25 | | hearing of any case wherein a license is revoked or
suspended. |
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| 1 | | The notice of hearing, complaint and all other documents
in the | 2 | | nature of pleadings and written motions filed in the
| 3 | | proceedings, the transcript of testimony, the report of the | 4 | | Board
Committee and the orders of the Department shall be the | 5 | | record of
such proceedings.
| 6 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 7 | | (225 ILCS 410/4-12) (from Ch. 111, par. 1704-12)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 4-12. Department may take testimony - oaths. The | 10 | | Department shall have power to subpoena and bring before it
any | 11 | | person in this State and to take testimony either orally or by
| 12 | | deposition, or both, with the same fees and mileage and in the | 13 | | same
manner as prescribed by law in judicial procedure in civil | 14 | | cases in
courts of this State.
| 15 | | The Secretary , any hearing officer appointed by the | 16 | | Secretary, and any member of the Board Committee shall
each | 17 | | have power to administer oaths to witnesses at any hearing
| 18 | | which the Department is authorized by law to conduct, and any | 19 | | other
oaths required or authorized in any Act administered by | 20 | | the Department.
| 21 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 22 | | (225 ILCS 410/4-14) (from Ch. 111, par. 1704-14)
| 23 | | (Section scheduled to be repealed on January 1, 2016)
| 24 | | Sec. 4-14. Report of Board committee ; rehearing.
The Board |
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| 1 | | Committee shall present to the Secretary its written report
of | 2 | | its findings and recommendations. A copy of such report shall | 3 | | be
served upon the accused person, either personally or by | 4 | | registered mail as
provided in this Section for the service of | 5 | | the citation.
Within 20 days after such service, said accused | 6 | | person may
present to the Department his or her motion in | 7 | | writing for rehearing, which
written motion shall specify the | 8 | | particular grounds therefor. If
said accused person shall order | 9 | | and pay for a transcript of the
record as provided in this | 10 | | Section, the time elapsing thereafter and
before such | 11 | | transcript is ready for delivery to him or her shall not be
| 12 | | counted as part of such 20 days.
Whenever the Secretary is | 13 | | satisfied that substantial justice has
not been done, he or she | 14 | | may order a re-hearing by the same or a
special committee. At | 15 | | the expiration of the time specified for
filing a motion or a | 16 | | rehearing the Secretary shall have the right to
take the action | 17 | | recommended by the Board Committee . Upon the suspension
or | 18 | | revocation of his or her license a
licensee shall be required | 19 | | to surrender his or her
license to the Department, and upon his | 20 | | or
her failure or refusal so to do, the Department shall have | 21 | | the right to seize
the same.
| 22 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 23 | | (225 ILCS 410/4-15) (from Ch. 111, par. 1704-15)
| 24 | | (Section scheduled to be repealed on January 1, 2016)
| 25 | | Sec. 4-15. Hearing officer.
Notwithstanding the |
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| 1 | | provisions of Section 4-10, the Secretary shall
have the | 2 | | authority to appoint any attorney duly licensed to practice
law | 3 | | in the State of Illinois to serve as the hearing officer in any
| 4 | | action for refusal to issue or renew, or discipline of a
| 5 | | license. The hearing officer shall have full
authority to | 6 | | conduct the hearing. The hearing officer shall report
his or | 7 | | her findings and recommendations to the Board Committee and the | 8 | | Secretary.
The Board Committee shall have 60 days from receipt | 9 | | of the report to
review the report of the hearing officer and | 10 | | present their findings
of fact, conclusions of law, and | 11 | | recommendations to the Secretary. If
the Board Committee fails | 12 | | to present its report within the 60 day period,
then the | 13 | | Secretary shall issue an order based on the report of the | 14 | | hearing
officer. If the Secretary determines that the Board's | 15 | | Committee's report is
contrary to the manifest weight of the | 16 | | evidence, then he or she may issue an
order in contravention of | 17 | | the Board's Committee's report.
| 18 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 19 | | (225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 4-16. Order or certified copy; prima facie proof.
An | 22 | | order of revocation or suspension or a certified copy thereof, | 23 | | over the seal
of the Department and purporting to be signed by | 24 | | the Secretary, shall be
prima facie proof that:
| 25 | | 1. the signature is the genuine signature of the |
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| 1 | | Secretary;
| 2 | | 2. the Secretary is duly appointed and qualified;
and
| 3 | | 3. the Board Committee and the members thereof are | 4 | | qualified to act.
| 5 | | Such proof may be rebutted.
| 6 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 7 | | (225 ILCS 410/4-17) (from Ch. 111, par. 1704-17)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 4-17. Restoration of license. At any time after the | 10 | | successful completion of a term of suspension or
revocation of | 11 | | a license any certificate , the Department may restore it to the | 12 | | licensee accused
person without examination , upon the written | 13 | | recommendation of the Board Committee .
| 14 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 15 | | (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 4-19. Emergency suspension. The Secretary may | 18 | | temporarily suspend
the license of a barber, cosmetologist, | 19 | | nail technician, hair braider, esthetician or
teacher thereof | 20 | | or of a cosmetology , esthetics, hair braiding, or nail | 21 | | technology clinic
teacher without a hearing, simultaneously | 22 | | with the institution of
proceedings for a hearing provided for | 23 | | in Section 4-10 of this Act, if the Secretary
finds that | 24 | | evidence in his possession indicates that the
licensee's |
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| 1 | | continuation in practice would constitute an
imminent danger
to | 2 | | the public. In the event that the Secretary suspends, | 3 | | temporarily, this
license without a hearing, a hearing must be | 4 | | commenced held within 30 days after
such suspension has | 5 | | occurred.
| 6 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 7 | | (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 4-20. Violations; penalties. Whoever violates any of | 10 | | the following
shall, for the first offense, be guilty of a | 11 | | Class B misdemeanor; for the
second offense, shall be guilty of | 12 | | a Class A misdemeanor; and for all
subsequent offenses, shall | 13 | | be guilty of a Class 4 felony and be fined not
less than $1,000 | 14 | | or more than $5,000.
| 15 | | (1) The practice of cosmetology, nail technology, | 16 | | esthetics, hair braiding, or
barbering
or an attempt to | 17 | | practice cosmetology, nail technology, esthetics, hair | 18 | | braiding, or
barbering without a license as a
cosmetologist, | 19 | | nail technician, esthetician, hair braider, or barber; or the | 20 | | practice or attempt to practice as a
cosmetology, nail | 21 | | technology, esthetics, hair braiding, or barber teacher | 22 | | without a
license as a cosmetology, nail technology,
esthetics, | 23 | | hair braiding, or barber teacher; or the practice or attempt to | 24 | | practice as a cosmetology , esthetics, hair braiding, or nail
| 25 | | technology clinic teacher without a proper license.
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| 1 | | (2) The obtaining of or an attempt to obtain a
license
or | 2 | | money or any other thing of value by fraudulent | 3 | | misrepresentation.
| 4 | | (3) Practice in the barber, nail technology, cosmetology, | 5 | | hair braiding, or
esthetic
profession, or an attempt to | 6 | | practice in those professions, by fraudulent
| 7 | | misrepresentation.
| 8 | | (4) Wilfully making any false oath or affirmation whenever | 9 | | an
oath
or affirmation is required by this Act.
| 10 | | (5) The violation of any of the provisions of this Act.
| 11 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 12 | | (225 ILCS 410/4-22) (from Ch. 111, par. 1704-22)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 4-22. Certifications of record; costs. The Department | 15 | | shall not be required to certify any record to the Court
or | 16 | | file any answer in court or otherwise appear in any Court
in a | 17 | | judicial review proceeding, unless and until the Department has | 18 | | received from the plaintiff there is filed in the Court, with
| 19 | | the complaint, a receipt from the Department acknowledging | 20 | | payment of the
costs of furnishing and certifying
the record , | 21 | | which costs shall be determined by the Department. Exhibits | 22 | | shall be certified without cost . Failure on the part of the | 23 | | plaintiff to file a receipt in Court
shall be grounds for | 24 | | dismissal of the action.
| 25 | | (Source: P.A. 87-1031 .)
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| 1 | | (225 ILCS 410/4-24 new) | 2 | | Sec. 4-24. Confidentiality. All information collected by | 3 | | the Department in the course of an examination or investigation | 4 | | of a licensee or applicant, including, but not limited to, any | 5 | | complaint against a licensee filed with the Department and | 6 | | information collected to investigate any such complaint, shall | 7 | | be maintained for the confidential use of the Department and | 8 | | shall not be disclosed. The Department may not disclose the | 9 | | information to anyone other than law enforcement officials, | 10 | | other regulatory agencies that have an appropriate regulatory | 11 | | interest as determined by the Secretary, or a party presenting | 12 | | a lawful subpoena to the Department. Information and documents | 13 | | disclosed to a federal, State, county, or local law enforcement | 14 | | agency shall not be disclosed by the agency for any purpose to | 15 | | any other agency or person. A formal complaint filed against a | 16 | | licensee by the Department or any order issued by the | 17 | | Department against a licensee or applicant shall be a public | 18 | | record, except as otherwise prohibited by law. | 19 | | (225 ILCS 410/Art. IIA rep.) | 20 | | Section 10. The Barber, Cosmetology, Esthetics, Hair | 21 | | Braiding, and Nail
Technology Act of 1985 is amended by | 22 | | repealing Article IIA.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 225 ILCS 410/1-2 | from Ch. 111, par. 1701-2 | | 4 | | 225 ILCS 410/1-4 | | | 5 | | 225 ILCS 410/1-7 | from Ch. 111, par. 1701-7 | | 6 | | 225 ILCS 410/2-4 | from Ch. 111, par. 1702-4 | | 7 | | 225 ILCS 410/2-9 | | | 8 | | 225 ILCS 410/3-1 | from Ch. 111, par. 1703-1 | | 9 | | 225 ILCS 410/3-7 | from Ch. 111, par. 1703-7 | | 10 | | 225 ILCS 410/3-8 | from Ch. 111, par. 1703-8 | | 11 | | 225 ILCS 410/3A-1 | from Ch. 111, par. 1703A-1 | | 12 | | 225 ILCS 410/3A-3 | from Ch. 111, par. 1703A-3 | | 13 | | 225 ILCS 410/3A-5 | from Ch. 111, par. 1703A-5 | | 14 | | 225 ILCS 410/3A-6 | from Ch. 111, par. 1703A-6 | | 15 | | 225 ILCS 410/3A-7 | from Ch. 111, par. 1703A-7 | | 16 | | 225 ILCS 410/Art. IIIB | 17 | | heading | | | 18 | | 225 ILCS 410/3B-1 | from Ch. 111, par. 1703B-1 | | 19 | | 225 ILCS 410/3B-10 | | | 20 | | 225 ILCS 410/3B-11 | | | 21 | | 225 ILCS 410/3B-12 | | | 22 | | 225 ILCS 410/3B-15 | | | 23 | | 225 ILCS 410/3B-16 new | | | 24 | | 225 ILCS 410/3C-1 | from Ch. 111, par. 1703C-1 | | 25 | | 225 ILCS 410/3C-3 | from Ch. 111, par. 1703C-3 | |
| | | HB4790 | - 70 - | LRB098 16202 ZMM 51261 b |
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| 1 | | 225 ILCS 410/3C-7 | from Ch. 111, par. 1703C-7 | | 2 | | 225 ILCS 410/3C-8 | from Ch. 111, par. 1703C-8 | | 3 | | 225 ILCS 410/3C-9 | from Ch. 111, par. 1703C-9 | | 4 | | 225 ILCS 410/4-1 | | | 5 | | 225 ILCS 410/4-4 | from Ch. 111, par. 1704-4 | | 6 | | 225 ILCS 410/4-5.1 | | | 7 | | 225 ILCS 410/4-7 | from Ch. 111, par. 1704-7 | | 8 | | 225 ILCS 410/4-8 | from Ch. 111, par. 1704-8 | | 9 | | 225 ILCS 410/4-9 | from Ch. 111, par. 1704-9 | | 10 | | 225 ILCS 410/4-10 | from Ch. 111, par. 1704-10 | | 11 | | 225 ILCS 410/4-11 | from Ch. 111, par. 1704-11 | | 12 | | 225 ILCS 410/4-12 | from Ch. 111, par. 1704-12 | | 13 | | 225 ILCS 410/4-14 | from Ch. 111, par. 1704-14 | | 14 | | 225 ILCS 410/4-15 | from Ch. 111, par. 1704-15 | | 15 | | 225 ILCS 410/4-16 | from Ch. 111, par. 1704-16 | | 16 | | 225 ILCS 410/4-17 | from Ch. 111, par. 1704-17 | | 17 | | 225 ILCS 410/4-19 | from Ch. 111, par. 1704-19 | | 18 | | 225 ILCS 410/4-20 | from Ch. 111, par. 1704-20 | | 19 | | 225 ILCS 410/4-22 | from Ch. 111, par. 1704-22 | | 20 | | 225 ILCS 410/4-24 new | | | 21 | | 225 ILCS 410/Art. IIA rep. | |
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