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Full Text of HB4264  99th General Assembly

HB4264 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4264

 

Introduced , by Rep. Frances Ann Hurley

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 410/2-2  from Ch. 111, par. 1702-2
225 ILCS 410/2-3  from Ch. 111, par. 1702-3
225 ILCS 410/3-2  from Ch. 111, par. 1703-2
225 ILCS 410/3-3  from Ch. 111, par. 1703-3
225 ILCS 410/3-7  from Ch. 111, par. 1703-7
225 ILCS 410/3A-2  from Ch. 111, par. 1703A-2
225 ILCS 410/3A-6  from Ch. 111, par. 1703A-6
225 ILCS 410/3C-2  from Ch. 111, par. 1703C-2
225 ILCS 410/3C-8  from Ch. 111, par. 1703C-8
225 ILCS 410/3E-2
225 ILCS 410/3E-5

    Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that the program of study a person seeking licensure as a barber, cosmetologist, esthetician, hair braider, or nail technician must graduate from must include both domestic violence and sexual assault education as determined by rule of the Department of Financial and Professional Regulation. Requires that the continuing education needed to renew a license as a cosmetologist, esthetician, hair braider, or nail technician must include both domestic violence and sexual assault education as determined by rule of the Department.


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A BILL FOR

 

HB4264LRB099 13320 MLM 37237 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by
6changing Sections 2-2, 2-3, 3-2, 3-3, 3-7, 3A-2, 3A-6, 3C-2,
73C-8, 3E-2, and 3E-5 as follows:
 
8    (225 ILCS 410/2-2)  (from Ch. 111, par. 1702-2)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 2-2. Licensure as a barber; qualifications. A person
11is qualified to receive a license as a barber if that person
12has applied in writing on forms prescribed by the Department,
13has paid the required fees, and:
14        a. Is at least 16 years of age; and
15        b. Has a certificate of graduation from a school
16    providing secondary education, or the recognized
17    equivalent of such a certificate, or persons who are beyond
18    the age of compulsory school attendance; and
19        c. Has graduated from a school of barbering or school
20    of cosmetology approved by the Department, having
21    completed a total of 1500 hours in the study of barbering
22    extending over a period of not less than 9 months nor more
23    than 3 years, which must include both domestic violence and

 

 

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1    sexual assault education as determined by rule of the
2    Department. A school of barbering may, at its discretion,
3    consistent with the rules of the Department, accept up to
4    500 hours of cosmetology school training at a recognized
5    cosmetology school toward the 1500 hour course requirement
6    of barbering. Time spent in such study under the laws of
7    another state or territory of the United States or of a
8    foreign country or province shall be credited toward the
9    period of study required by the provisions of this
10    paragraph; and
11        d. Has passed an examination caused to be conducted by
12    the Department or its designated testing service to
13    determine fitness to receive a license as a barber; and
14        e. Has met all other requirements of this Act.
15(Source: P.A. 97-777, eff. 7-13-12.)
 
16    (225 ILCS 410/2-3)  (from Ch. 111, par. 1702-3)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 2-3. Licensure as a barber by a cosmetology school
19graduate. A person is qualified to receive a license as a
20barber if that person has applied in writing on forms provided
21by the Department, paid the required fees, and:
22    a. Is at least 16 years of age; and
23    b. Has a certificate of graduation from a school providing
24secondary education, or the recognized equivalent of such a
25certificate, or persons who are beyond the age of compulsory

 

 

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1school attendance; and
2    c. Has graduated from a cosmetology school approved by the
3Department having completed a minimum of 1500 hours in the
4study of cosmetology; and
5    d. Has graduated from a school of barbering approved by the
6Department having completed a minimum of 1000 additional hours
7in the study of barbering extending over a period of no less
8than 6 months nor more than 2 years, which must include both
9domestic violence and sexual assault education as determined by
10rule of the Department. Time spent in such study under the laws
11of another state or territory of the United States or of a
12foreign country or province shall be credited toward the period
13of study required by the provisions of this paragraph; and
14    e. Has passed an examination caused to be conducted by the
15Department, or its designated testing service, to determine
16fitness to receive a license as a barber; and
17    f. Has met any other requirements set forth in this Act.
18(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
 
19    (225 ILCS 410/3-2)  (from Ch. 111, par. 1703-2)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 3-2. Licensure; qualifications.
22    (1) A person is qualified to receive a license as a
23cosmetologist who has filed an application on forms provided by
24the Department, pays the required fees, and:
25        a. Is at least l6 years of age; and

 

 

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1        b. Is beyond the age of compulsory school attendance or
2    has received a certificate of graduation from a school
3    providing secondary education, or the recognized
4    equivalent of that certificate; and
5        c. Has graduated from a school of cosmetology approved
6    by the Department, having completed a program of l500 hours
7    in the study of cosmetology extending over a period of not
8    less than 8 months nor more than 7 consecutive years, which
9    must include both domestic violence and sexual assault
10    education as determined by rule of the Department. A school
11    of cosmetology may, at its discretion, consistent with the
12    rules of the Department, accept up to 500 hours of barber
13    school training at a recognized barber school toward the
14    l500 hour program requirement of cosmetology. Time spent in
15    such study under the laws of another state or territory of
16    the United States or of a foreign country or province shall
17    be credited toward the period of study required by the
18    provisions of this paragraph; and
19        d. Has passed an examination authorized by the
20    Department to determine eligibility to receive a license as
21    a cosmetologist; and
22        e. Has met any other requirements of this Act.
23    (2) (Blank).
24(Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)
 
25    (225 ILCS 410/3-3)  (from Ch. 111, par. 1703-3)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 3-3. Licensure as a cosmetologist by a barber school
3graduate. A person is qualified to receive a license as a
4cosmetologist if that person has filed an application on forms
5provided by the Department, has paid the required fees, and:
6    a. Is at least 16 years of age; and
7    b. Has a certificate of graduation from a school providing
8secondary education, or the recognized equivalent of such a
9certificate, or is beyond the age of compulsory school
10attendance; and
11    c. Has graduated from a school of barbering approved by the
12Department having completed 1500 hours in the study of
13barbering, and a minimum of 1000 additional hours in the study
14of cosmetology extending over a period of no less than 6 months
15nor more than 2 years, which must include both domestic
16violence and sexual assault education as determined by rule of
17the Department. Time spent in such study under the laws of
18another state or territory of the United States or of a foreign
19country or province shall be credited toward the period of
20study required by the provisions of this paragraph; and
21    d. Has passed an examination authorized by the Department
22to determine fitness to receive a license as a cosmetologist;
23and
24    e. Has met any other requirements of this Act.
25(Source: P.A. 89-387, eff. 1-1-96.)
 

 

 

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1    (225 ILCS 410/3-7)  (from Ch. 111, par. 1703-7)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 3-7. Licensure; renewal; continuing education;
4military service. The holder of a license issued under this
5Article III may renew that license during the month preceding
6the expiration date thereof by paying the required fee, giving
7such evidence as the Department may prescribe of completing not
8less than 14 hours of continuing education for a cosmetologist,
9and 24 hours of continuing education for a cosmetology teacher
10or cosmetology clinic teacher, within the 2 years prior to
11renewal. The training shall be in subjects approved by the
12Department as prescribed by rule upon recommendation of the
13Board and must include both domestic violence and sexual
14assault education for cosmetologists as determined by rule of
15the Department.
16    A license that has been expired for more than 5 years may
17be restored by payment of the restoration fee and submitting
18evidence satisfactory to the Department of the current
19qualifications and fitness of the licensee, which shall include
20completion of continuing education hours for the period
21subsequent to expiration.
22    The Department shall establish by rule a means for the
23verification of completion of the continuing education
24required by this Section. This verification may be accomplished
25through audits of records maintained by registrants, by
26requiring the filing of continuing education certificates with

 

 

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1the Department, or by other means established by the
2Department.
3    A license issued under the provisions of this Act that has
4expired while the holder of the license was engaged (1) in
5federal service on active duty with the Army of the United
6States, the United States Navy, the Marine Corps, the Air
7Force, the Coast Guard, or any Women's Auxiliary thereof, or
8the State Militia called into the service or training of the
9United States of America, or (2) in training or education under
10the supervision of the United States preliminary to induction
11into the military service, may be reinstated or restored
12without the payment of any lapsed renewal fees, reinstatement
13fee, or restoration fee if within 2 years after the termination
14of such service, training, or education other than by
15dishonorable discharge, the holder furnishes the Department
16with an affidavit to the effect that he or she has been so
17engaged and that his or her service, training, or education has
18been so terminated.
19    The Department, in its discretion, may waive enforcement of
20the continuing education requirement in this Section and shall
21adopt rules defining the standards and criteria for that waiver
22under the following circumstances:
23        (a) the licensee resides in a locality where it is
24    demonstrated that the absence of opportunities for such
25    education would interfere with the ability of the licensee
26    to provide service to the public;

 

 

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1        (b) that to comply with the continuing education
2    requirements would cause a substantial financial hardship
3    on the licensee;
4        (c) that the licensee is serving in the United States
5    Armed Forces; or
6        (d) that the licensee is incapacitated due to illness.
7    The continuing education requirements of this Section do
8not apply to a licensee who (i) is at least 62 years of age or
9(ii) has been licensed as a cosmetologist, cosmetology teacher,
10or cosmetology clinic teacher for at least 25 years.
11(Source: P.A. 98-911, eff. 1-1-15.)
 
12    (225 ILCS 410/3A-2)  (from Ch. 111, par. 1703A-2)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 3A-2. Licensure as an esthetician; qualifications. A
15person is qualified to receive a license as a licensed
16esthetician if that person has applied in writing on forms
17provided by the Department, paid any required fees, and:
18    a. Is at least 16 years of age; and
19    b. Has a certificate of graduation from a school providing
20secondary education, or the recognized equivalent of such a
21certificate, or persons who are beyond the age of compulsory
22school attendance; and
23    c. Has graduated from a school of cosmetology or esthetics
24approved by the Department, having completed a program of 750
25hours in the study of esthetics extending over a period of not

 

 

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1less than 18 weeks nor more than 4 consecutive years, which
2must include both domestic violence and sexual assault
3education as determined by rule of the Department. Time spent
4in such study under the laws of another state or territory of
5the United States or of a foreign country or province shall be
6credited toward the period of study required by the provisions
7of this paragraph; and
8    d. Has passed an examination authorized by the Department
9to determine fitness to receive a license as a licensed
10esthetician; and
11    e. Has met any other requirements of this Act and rules.
12(Source: P.A. 91-863, eff. 7-1-00.)
 
13    (225 ILCS 410/3A-6)  (from Ch. 111, par. 1703A-6)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 3A-6. Licensure; renewal; continuing education;
16examination; military service. The holder of a license issued
17under this Article may renew such license during the month
18preceding the expiration date thereof by paying the required
19fee, giving evidence the Department may prescribe of completing
20not less than 10 hours for estheticians, and not less than 20
21hours of continuing education for esthetics teachers, within
22the 2 years prior to renewal. The training shall be in
23subjects, approved by the Department as prescribed by rule upon
24recommendation of the Board and must include both domestic
25violence and sexual assault education for estheticians as

 

 

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1determined by rule of the Department.
2    A license that has expired or been placed on inactive
3status may be restored only by payment of the restoration fee
4and submitting evidence satisfactory to the Department of the
5current qualifications and fitness of the licensee including
6the completion of continuing education hours for the period
7following expiration.
8    A license issued under the provisions of this Act that has
9expired while the holder of the license was engaged (1) in
10federal service on active duty with the Army of the United
11States, the United States Navy, the Marine Corps, the Air
12Force, the Coast Guard, or any Women's Auxiliary thereof, or
13the State Militia called into the service or training of the
14United States of America, or (2) in training or education under
15the supervision of the United States preliminary to induction
16into the military service, may be reinstated or restored
17without the payment of any lapsed renewal fees, reinstatement
18fee, or restoration fee if within 2 years after the termination
19of such service, training, or education other than by
20dishonorable discharge, the holder furnishes the Department
21with an affidavit to the effect that he or she has been so
22engaged and that his or her service, training, or education has
23been so terminated.
24    The Department, in its discretion, may waive enforcement of
25the continuing education requirement in this Section, and shall
26adopt rules defining the standards and criteria for such

 

 

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1waiver, under the following circumstances:
2        (1) the licensee resides in a locality where it is
3    demonstrated that the absence of opportunities for such
4    education would interfere with the ability of the licensee
5    to provide service to the public;
6        (2) the licensee's compliance with the continuing
7    education requirements would cause a substantial financial
8    hardship on the licensee;
9        (3) the licensee is serving in the United States Armed
10    Forces; or
11        (4) the licensee is incapacitated due to illness.
12(Source: P.A. 98-911, eff. 1-1-15.)
 
13    (225 ILCS 410/3C-2)  (from Ch. 111, par. 1703C-2)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 3C-2. License; qualifications. A person is qualified
16to receive a license as a nail technician if that person
17applies in writing on forms provided by the Department, pays
18the required fee, and:
19        (a) Is at least 16 years of age;
20        (b) Is beyond the age of compulsory school attendance
21    or has a certificate of graduation from a school providing
22    secondary education or the recognized equivalent of that
23    certificate;
24        (c) Has graduated from a school of cosmetology or
25    school of nail technology approved by the Department,

 

 

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1    having completed a program of 350 hours in the study of
2    nail technology extending over a period of not less than 8
3    weeks nor more than 2 consecutive years, which must include
4    both domestic violence and sexual assault education as
5    determined by rule of the Department;
6        (d) Has passed an examination authorized by the
7    Department to determine eligibility to receive a license as
8    a nail technician; and
9        (e) Has met any other requirements of this Act.
10    Time spent in the study of nail technology under the laws
11of another state or territory of the United States, or of a
12foreign country or province, shall be credited toward the
13period of study required by the provisions of subsection (c).
14(Source: P.A. 94-451, eff. 12-31-05.)
 
15    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 3C-8. License renewal; expiration; continuing
18education; persons in military service. The holder of a license
19issued under this Article may renew that license during the
20month preceding the expiration date of the license by paying
21the required fee and giving evidence, as the Department may
22prescribe, of completing not less than 10 hours of continuing
23education for a nail technician and 20 hours of continuing
24education for a nail technology teacher, within the 2 years
25prior to renewal. The continuing education shall be in subjects

 

 

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1approved by the Department upon recommendation of the Barber,
2Cosmetology, Esthetics, Hair Braiding, and Nail Technology
3Board relating to the practice of nail technology, including,
4but not limited to, review of sanitary procedures, review of
5chemical service procedures, review of this Act, and review of
6the Workers' Compensation Act and must include domestic
7violence and sexual assault education for nail technicians as
8determined by rule of the Department. However, at least 10 of
9the hours of continuing education required for a nail
10technology teacher shall be in subjects relating to teaching
11methodology, educational psychology, and classroom management
12or in other subjects related to teaching.
13    A license that has been expired or placed on inactive
14status may be restored only by payment of the restoration fee
15and submitting evidence satisfactory to the Department of the
16meeting of current qualifications and fitness of the licensee,
17including the completion of continuing education hours for the
18period subsequent to expiration.
19    A license issued under this Article that has expired while
20the holder of the license was engaged (1) in federal service on
21active duty with the Army of the United States, the United
22States Navy, the Marine Corps, the Air Force, the Coast Guard,
23or any Women's Auxiliary thereof, or the State Militia called
24into the service or training of the United States of America,
25or (2) in training or education under the supervision of the
26United States preliminary to induction into the military

 

 

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1service, may be reinstated or restored without the payment of
2any lapsed renewal fees, reinstatement fee or restoration fee
3if, within 2 years after the termination of the service,
4training, or education other than by dishonorable discharge,
5the holder furnishes the Department with an affidavit to the
6effect that the certificate holder has been so engaged and that
7the service, training, or education has been so terminated.
8    The Department, in its discretion, may waive enforcement of
9the continuing education requirement in this Section, and shall
10adopt rules defining the standards and criteria for such
11waiver, under the following circumstances:
12    (a) the licensee resides in a locality where it is
13demonstrated that the absence of opportunities for such
14education would interfere with the ability of the licensee to
15provide service to the public;
16    (b) the licensee's compliance with the continuing
17education requirements would cause a substantial financial
18hardship on the licensee;
19    (c) the licensee is serving in the United States Armed
20Forces; or
21    (d) the licensee is incapacitated due to illness.
22(Source: P.A. 98-911, eff. 1-1-15.)
 
23    (225 ILCS 410/3E-2)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 3E-2. Hair braider licensure; qualifications.

 

 

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1    (a) A person is qualified to receive a license as a hair
2braider if he or she has filed an application on forms provided
3by the Department, paid the required fees, and meets the
4following qualifications:
5        (1) Is at least 16 years of age;
6        (2) Is beyond the age of compulsory school attendance
7    or has received a certificate of graduation from a school
8    providing secondary education, or the recognized
9    equivalent of that certificate; and
10        (3) Has completed a program consisting of a minimum of
11    300 clock hours or a 10 credit hour equivalency of
12    instruction, as defined by rule, in a licensed cosmetology
13    school teaching a hair braiding curriculum or in a licensed
14    hair braiding school as follows:
15            (A) Basic training consisting of 35 hours of
16        classroom instruction in general theory, practical
17        application, and technical application in the
18        following subject areas: history of hair braiding,
19        personal hygiene and public health, professional
20        ethics, disinfection and sanitation, bacteriology,
21        disorders and diseases of the hair and scalp, OSHA
22        standards relating to material safety data sheets
23        (MSDS) on chemicals, hair analysis and scalp care, and
24        technical procedures;
25            (B) Related concepts consisting of 35 hours of
26        classroom instruction in the following subject areas:

 

 

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1        Braid removal and scalp care; basic styling knowledge;
2        tools and equipment; growth patterns, styles and
3        sectioning; client consultation and face shapes; and
4        client education, pre-care, post-care, home care and
5        follow-up services;
6            (C) Practices and procedures consisting of 200
7        hours of instruction, which shall be a combination of
8        classroom instruction and clinical practical
9        application, in the following subject areas: single
10        braids with and without extensions; cornrows with and
11        without extensions; twists and knots; multiple
12        strands; hair locking; weaving/sewn-in; other
13        procedures as they relate to hair-braiding; and
14        product knowledge as it relates to hair braiding; and
15            (D) Business practices consisting of 30 hours of
16        classroom instruction in the following subject areas:
17        Illinois Barber, Cosmetology, Esthetics, Hair
18        Braiding, and Nail Technology Act of 1985 and Rules;
19        salon management; human relations and salesmanship;
20        and Workers' Compensation Act; and .
21            (E) Both domestic violence and sexual assault
22        education as determined by rule of the Department.
23    (b) The expiration date and renewal period for each license
24issued under this Act shall be set by rule.
25    (c) Within 2 years after the effective date of this
26amendatory Act of the 96th General Assembly, the Department may

 

 

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1issue a hair braider license to any applicant who does not meet
2the requirements of items (2) and (3) of subsection (a) of this
3Section if the applicant: (1) files an application in
4accordance with subsection (a), (2) pays the required fee, (3)
5has not committed an offense that would be grounds for
6discipline under this Act, and (4) is able to demonstrate to
7the Department through tax records or affidavits that he or she
8has practiced hair braiding for at least 2 consecutive years
9immediately prior to the date of his or her application.
10    A hair braider who obtains his or her license under this
11subsection (c) may renew his or her license if he or she
12applies to the Department for renewal and has completed at
13least 65 hours of relevant training in health, safety, hygiene,
14and business management in accordance with the requirements of
15this Section or any rule adopted pursuant to this Section. A
16hair braider who renews his or her license under this
17subsection (c) may thereafter only renew his or her license if
18he or she meets the requirements of Section 3E-5 of this Act.
19(Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
20    (225 ILCS 410/3E-5)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 3E-5. License renewal. To renew a license issued under
23this Article, an individual must produce proof of successful
24completion of 10 hours of continuing education for a hair
25braider license, which must include both domestic violence and

 

 

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1sexual assault education as determined by rule of the
2Department, and 20 hours of continuing education for a hair
3braiding teacher license.
4    A license that has been expired for more than 5 years may
5be restored by payment of the restoration fee and submitting
6evidence satisfactory to the Department of the current
7qualifications and fitness of the licensee, which shall include
8completion of continuing education hours for the period
9subsequent to expiration. The Department may establish
10additional rules for the administration of this Section and
11other requirements for the renewal of a hair braider or hair
12braiding teacher license issued under this Act.
13(Source: P.A. 96-1246, eff. 1-1-11.)