HB4264sam001 99TH GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 5/10/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4264

2    AMENDMENT NO. ______. Amend House Bill 4264 by replacing
3everything after the enacting clause with the following:
 
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 shall
13not be civilly or criminally liable for acting in good faith or
14failing to act on information obtained during the course of
15employment concerning potential domestic violence or sexual
16assault.
 

 

 

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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2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 3-7. Licensure; renewal; continuing education. The
4holder of a license issued under this Article III may renew
5that license during the month preceding the expiration date
6thereof by paying the required fee, giving such evidence as the
7Department may prescribe of completing not less than 14 hours
8of continuing education for a cosmetologist, and 24 hours of
9continuing education for a cosmetology teacher or cosmetology
10clinic teacher, within the 2 years prior to renewal. The
11training shall be in subjects approved by the Department as
12prescribed by rule upon recommendation of the Board and may
13include online instruction.
14    For the initial renewal of a cosmetologist's license which
15requires continuing education, as prescribed by rule, one hour
16of the continuing education shall include domestic violence and
17sexual assault awareness education as prescribed by rule of the
18Department, effective as of the date of this amendatory Act of
19the 99th General Assembly. For every subsequent renewal of a
20cosmetologist's license, one hour of the continuing education
21may include domestic violence and sexual assault awareness
22education. The continuing education requirement of a one-hour
23awareness and training class in domestic violence and sexual
24assault for salon professionals is satisfied if, on or after
25March 1, 2016, the licensee completes the certified class

 

 

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1offered by Chicago Says No More.
2    Trainers of continuing education courses on domestic
3violence and sexual assault awareness education shall provide
4the Department with:
5        (a) proof of his or her current Illinois Certified
6    Domestic Violence Professional certificate; or
7        (b) proof of completion of a 40-hour sexual assault
8    training program consistent with Section 8-802.1 of the
9    Code of Civil Procedure concerning confidentiality.
10    The Department shall establish by rule a means for the
11verification of completion of the continuing education
12required by this Section. This verification may be accomplished
13through audits of records maintained by registrants, by
14requiring the filing of continuing education certificates with
15the Department, or by other means established by the
16Department.
17    The Department, in its discretion, may waive enforcement of
18the continuing education requirement in this Section,
19including the domestic violence and sexual assault awareness
20education requirement, and shall adopt rules defining the
21standards and criteria for that waiver under the following
22circumstances:
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(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
8    (225 ILCS 410/3A-6)  (from Ch. 111, par. 1703A-6)
9    (Section scheduled to be repealed on January 1, 2026)
10    Sec. 3A-6. Licensure; renewal; continuing education;
11examination; military service. The holder of a license issued
12under this Article may renew such license during the month
13preceding the expiration date thereof by paying the required
14fee, giving evidence the Department may prescribe of completing
15not less than 10 hours for estheticians, and not less than 20
16hours of continuing education for esthetics teachers, within
17the 2 years prior to renewal. The training shall be in
18subjects, approved by the Department as prescribed by rule upon
19recommendation of the Board.
20    For the initial renewal of an esthetician's license which
21requires continuing education, as prescribed by rule, one hour
22of the continuing education shall include domestic violence and
23sexual assault awareness education as prescribed by rule of the
24Department, effective as of the date of this amendatory Act of
25the 99th General Assembly. For every subsequent renewal of an

 

 

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1esthetician's license, one hour of the continuing education may
2include domestic violence and sexual assault awareness
3education. The continuing education requirement of a one-hour
4awareness and training class in domestic violence and sexual
5assault for salon professionals is satisfied if, on or after
6March 1, 2016, the licensee completes the certified class
7offered by Chicago Says No More.
8    Trainers of continuing education courses on domestic
9violence and sexual assault awareness education shall provide
10the Department with:
11        (a) proof of his or her current Illinois Certified
12    Domestic Violence Professional certificate; or
13        (b) proof of completion of a 40-hour sexual assault
14    training program consistent with Section 8-802.1 of the
15    Code of Civil Procedure concerning confidentiality.
16    The Department, in its discretion, may waive enforcement of
17the continuing education requirement in this Section,
18including the domestic violence and sexual assault awareness
19education requirement, and shall adopt rules defining the
20standards and criteria for such waiver, under the following
21circumstances:
22        (1) the licensee resides in a locality where it is
23    demonstrated that the absence of opportunities for such
24    education would interfere with the ability of the licensee
25    to provide service to the public;
26        (2) the licensee's compliance with the continuing

 

 

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1    education requirements would cause a substantial financial
2    hardship on the licensee;
3        (3) the licensee is serving in the United States Armed
4    Forces; or
5        (4) the licensee is incapacitated due to illness.
6(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
7    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 3C-8. License renewal; expiration; continuing
10education; persons in military service. The holder of a license
11issued under this Article may renew that license during the
12month preceding the expiration date of the license by paying
13the required fee and giving evidence, as the Department may
14prescribe, of completing not less than 10 hours of continuing
15education for a nail technician and 20 hours of continuing
16education for a nail technology teacher, within the 2 years
17prior to renewal. The continuing education shall be in subjects
18approved by the Department upon recommendation of the Barber,
19Cosmetology, Esthetics, Hair Braiding, and Nail Technology
20Board relating to the practice of nail technology, including,
21but not limited to, review of sanitary procedures, review of
22chemical service procedures, review of this Act, and review of
23the Workers' Compensation Act. However, at least 10 of the
24hours of continuing education required for a nail technology
25teacher shall be in subjects relating to teaching methodology,

 

 

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1educational psychology, and classroom management or in other
2subjects related to teaching.
3    For the initial renewal of a nail technician's license
4which requires continuing education, as prescribed by rule, one
5hour of the continuing education shall include domestic
6violence and sexual assault awareness education as prescribed
7by rule of the Department, effective as of the date of this
8amendatory Act of the 99th General Assembly. For every
9subsequent renewal of a nail technician's license, one hour of
10the continuing education may include domestic violence and
11sexual assault awareness education. The continuing education
12requirement of a one-hour awareness and training class in
13domestic violence and sexual assault for salon professionals is
14satisfied if, on or after March 1, 2016, the licensee completes
15the certified class offered by Chicago Says No More.
16    Trainers of continuing education courses on domestic
17violence and sexual assault awareness education shall provide
18the Department with:
19        (a) proof of his or her current Illinois Certified
20    Domestic Violence Professional certificate; or
21        (b) proof of completion of a 40-hour sexual assault
22    training program consistent with Section 8-802.1 of the
23    Code of Civil Procedure concerning confidentiality.
24    The Department, in its discretion, may waive enforcement of
25the continuing education requirement in this Section,
26including the domestic violence and sexual assault awareness

 

 

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

 

 

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1Department, effective as of the date of this amendatory Act of
2the 99th General Assembly. For every subsequent renewal of a
3hair braider's license, one hour of the continuing education
4may include domestic violence and sexual assault awareness
5education. The continuing education requirement of a one-hour
6awareness and training class in domestic violence and sexual
7assault for salon professionals is satisfied if, on or after
8March 1, 2016, the licensee completes the certified class
9offered by Chicago Says No More.
10    Trainers of continuing education courses on domestic
11violence and sexual assault awareness education shall provide
12the Department with:
13        (a) proof of his or her current Illinois Certified
14    Domestic Violence Professional certificate; or
15        (b) proof of completion of a 40-hour sexual assault
16    training program consistent with Section 8-802.1 of the
17    Code of Civil Procedure concerning confidentiality.
18(Source: P.A. 99-427, eff. 8-21-15.)".