HB4264eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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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 adding
6Section 1-13 and by changing Sections 3-7, 3A-6, 3C-8, and 3E-5
7as follows:
 
8    (225 ILCS 410/1-13 new)
9    Sec. 1-13. Liability; domestic violence and sexual
10assault. A person licensed under this Act who is required to
11undergo domestic violence and sexual assault awareness
12education as a part of his or her continuing education, or his
13or her employer, shall not be civilly or criminally liable for
14acting in good faith or failing to act on information obtained
15during the course of employment concerning potential domestic
16violence or sexual assault.
 
17    (225 ILCS 410/3-7)  (from Ch. 111, par. 1703-7)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 3-7. Licensure; renewal; continuing education. The
20holder of a license issued under this Article III may renew
21that license during the month preceding the expiration date
22thereof by paying the required fee, giving such evidence as the

 

 

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1Department may prescribe of completing not less than 14 hours
2of continuing education for a cosmetologist, and 24 hours of
3continuing education for a cosmetology teacher or cosmetology
4clinic teacher, within the 2 years prior to renewal. The
5training shall be in subjects approved by the Department as
6prescribed by rule upon recommendation of the Board and may
7include online instruction. For the initial renewal of a
8cosmetologist's license which requires continuing education,
9as prescribed by rule, one hour of the continuing education
10shall include domestic violence and sexual assault awareness
11education as prescribed by rule of the Department, effective as
12of the date of this amendatory Act of the 99th General
13Assembly. For every subsequent renewal of a cosmetologist's
14license, one hour of the continuing education may include
15domestic violence and sexual assault awareness education.
16    The Department shall establish by rule a means for the
17verification of completion of the continuing education
18required by this Section. This verification may be accomplished
19through audits of records maintained by registrants, by
20requiring the filing of continuing education certificates with
21the Department, or by other means established by the
22Department.
23    The Department, in its discretion, may waive enforcement of
24the continuing education requirement in this Section,
25including the domestic violence and sexual assault awareness
26education requirement, and shall adopt rules defining the

 

 

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1standards and criteria for that waiver under the following
2circumstances:
3        (a) the licensee resides in a locality where it is
4    demonstrated that the absence of opportunities for such
5    education would interfere with the ability of the licensee
6    to provide service to the public;
7        (b) that to comply with the continuing education
8    requirements would cause a substantial financial hardship
9    on the licensee;
10        (c) that the licensee is serving in the United States
11    Armed Forces; or
12        (d) that the licensee is incapacitated due to illness.
13(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
14    (225 ILCS 410/3A-6)  (from Ch. 111, par. 1703A-6)
15    (Section scheduled to be repealed on January 1, 2026)
16    Sec. 3A-6. Licensure; renewal; continuing education;
17examination; military service. The holder of a license issued
18under this Article may renew such license during the month
19preceding the expiration date thereof by paying the required
20fee, giving evidence the Department may prescribe of completing
21not less than 10 hours for estheticians, and not less than 20
22hours of continuing education for esthetics teachers, within
23the 2 years prior to renewal. The training shall be in
24subjects, approved by the Department as prescribed by rule upon
25recommendation of the Board. For the initial renewal of an

 

 

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1esthetician's license which requires continuing education, as
2prescribed by rule, one hour of the continuing education shall
3include domestic violence and sexual assault awareness
4education as prescribed by rule of the Department, effective as
5of the date of this amendatory Act of the 99th General
6Assembly. For every subsequent renewal of an esthetician's
7license, one hour of the continuing education may include
8domestic violence and sexual assault awareness education.
9    The Department, in its discretion, may waive enforcement of
10the continuing education requirement in this Section,
11including the domestic violence and sexual assault awareness
12education requirement, and shall adopt rules defining the
13standards and criteria for such waiver, under the following
14circumstances:
15        (1) the licensee resides in a locality where it is
16    demonstrated that the absence of opportunities for such
17    education would interfere with the ability of the licensee
18    to provide service to the public;
19        (2) the licensee's compliance with the continuing
20    education requirements would cause a substantial financial
21    hardship on the licensee;
22        (3) the licensee is serving in the United States Armed
23    Forces; or
24        (4) the licensee is incapacitated due to illness.
25(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 

 

 

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1    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 3C-8. License renewal; expiration; continuing
4education; persons in military service. The holder of a license
5issued under this Article may renew that license during the
6month preceding the expiration date of the license by paying
7the required fee and giving evidence, as the Department may
8prescribe, of completing not less than 10 hours of continuing
9education for a nail technician and 20 hours of continuing
10education for a nail technology teacher, within the 2 years
11prior to renewal. The continuing education shall be in subjects
12approved by the Department upon recommendation of the Barber,
13Cosmetology, Esthetics, Hair Braiding, and Nail Technology
14Board relating to the practice of nail technology, including,
15but not limited to, review of sanitary procedures, review of
16chemical service procedures, review of this Act, and review of
17the Workers' Compensation Act. However, at least 10 of the
18hours of continuing education required for a nail technology
19teacher shall be in subjects relating to teaching methodology,
20educational psychology, and classroom management or in other
21subjects related to teaching. For the initial renewal of a nail
22technician's license which requires continuing education, as
23prescribed by rule, one hour of the continuing education shall
24include domestic violence and sexual assault awareness
25education as prescribed by rule of the Department, effective as
26of the date of this amendatory Act of the 99th General

 

 

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1Assembly. For every subsequent renewal of a nail technician's
2license, one hour of the continuing education may include
3domestic violence and sexual assault awareness education.
4    The Department, in its discretion, may waive enforcement of
5the continuing education requirement in this Section,
6including the domestic violence and sexual assault awareness
7education requirement, and shall adopt rules defining the
8standards and criteria for such waiver, under the following
9circumstances:
10        (a) the licensee resides in a locality where it is
11    demonstrated that the absence of opportunities for such
12    education would interfere with the ability of the licensee
13    to provide service to the public;
14        (b) the licensee's compliance with the continuing
15    education requirements would cause a substantial financial
16    hardship on the licensee;
17        (c) the licensee is serving in the United States Armed
18    Forces; or
19        (d) the licensee is incapacitated due to illness.
20(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
21    (225 ILCS 410/3E-5)
22    (Section scheduled to be repealed on January 1, 2026)
23    Sec. 3E-5. License renewal. To renew a license issued under
24this Article, an individual must produce proof of successful
25completion of 10 hours of continuing education for a hair

 

 

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1braider license and 20 hours of continuing education for a hair
2braiding teacher license. For the initial renewal of a hair
3braider's license which requires continuing education, as
4prescribed by rule, one hour of the continuing education shall
5include domestic violence and sexual assault awareness
6education as prescribed by rule of the Department, effective as
7of the date of this amendatory Act of the 99th General
8Assembly. For every subsequent renewal of a hair braider's
9license, one hour of the continuing education may include
10domestic violence and sexual assault awareness education.
11(Source: P.A. 99-427, eff. 8-21-15.)