(225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-2.
Licensure as an esthetician;
qualifications. A person is qualified to receive a license as a licensed
esthetician if that person
has applied in writing on forms provided by the Department, paid any required
fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school providing secondary
education, or the recognized equivalent of such a certificate, or persons
who are beyond the age of compulsory school attendance; and
c. Has graduated from a school of
cosmetology or esthetics approved by the Department, having completed a
program of 750 hours in the study of esthetics extending over a
period of not
less than 18 weeks nor more than 4 consecutive
years. Time spent in such study
under the laws of another state or territory of the United States or of a
foreign country or province shall be credited toward the period of study
required by the provisions of this paragraph; and
d. Has passed an examination authorized by the Department to
determine fitness to receive a license as a
licensed esthetician; and
e. Has met any other requirements of this Act and rules.
(Source: P.A. 91-863, eff. 7-1-00 .)
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(225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-3. Licensure as an esthetics teacher; qualifications.
(a) A person is qualified to receive a license as an esthetics teacher
if
that person has applied in writing on forms supplied by the Department, paid
the required fees,
and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a licensed cosmetologist | ||
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(4) has either: (i) completed a program of 500 hours | ||
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(5) has passed an examination authorized by the | ||
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(6) (blank); and
(7) has met any other requirements as required by | ||
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(b) (Blank).
(c) An applicant who is issued a license as an esthetics teacher is not required to maintain an esthetics license in
order to practice as an esthetician as defined in this Act.
(Source: P.A. 98-911, eff. 1-1-15 .)
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(225 ILCS 410/3A-4) (from Ch. 111, par. 1703A-4)
Sec. 3A-4.
(Repealed).
(Source: P.A. 85-1302. Repealed by P.A. 89-387, eff. 1-1-96.)
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(225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-5. Examination.
(a) The Department shall authorize examinations of applicants for a
license as an esthetician or teacher of esthetics at such times and places as
it may determine. The
Department shall authorize no fewer than 4 examinations for
a license as an esthetician or a teacher of esthetics in a calendar year. An applicant for licensure as an esthetician who has completed 600 hours in the study of esthetics may take the examination.
If an applicant neglects, fails without an approved excuse, or refuses to
take the next available examination offered for licensure under this Act,
the fee paid by the applicant shall be forfeited to the Department and the
application denied. If an applicant fails to pass an examination for licensure
under this Act within 3 years after filing his or her application, the
application shall be denied. However, such applicant may thereafter make a
new application for examination, accompanied by the required fee, if he or she
meets the requirements in effect at the time of reapplication. If an applicant
for licensure as an esthetician is unsuccessful at 3 examinations conducted by
the Department, the applicant shall, before taking a subsequent examination,
furnish evidence of not less than 125 hours of additional study of esthetics in
an approved school of cosmetology or esthetics since the applicant last took
the examination. If an applicant for licensure as an esthetics teacher is unsuccessful at 3 examinations conducted by the
Department, the applicant shall, before taking a subsequent examination,
furnish evidence of not less than 80 hours of additional study in teaching
methodology and educational psychology in a licensed school of cosmetology or
esthetics since the applicant last took the examination. An applicant who
fails to pass a fourth examination shall not again be admitted to an
examination unless (i) in the case of an applicant for licensure as an
esthetician, the applicant shall again take and complete a program of 750 hours
in the study of esthetics in a licensed school of cosmetology approved to teach
esthetics or a school of esthetics, extending over a period that
commences after the applicant fails to pass the fourth examination and that is
not less than 18 weeks nor more than 4 consecutive years in duration; or (ii) in
the case of an applicant for a license as an esthetics teacher, the applicant
shall again take and complete a program of 750 hours of teacher
training in a
school of cosmetology approved to teach esthetics or a school of esthetics,
except that if the applicant had 2 years of practical experience as a licensed
cosmetologist or esthetician within 5 years preceding the initial examination
taken by the applicant, the applicant must again take and complete a program
of 500 hours of
teacher training in licensed cosmetology or a licensed esthetics school.
(b) Each applicant shall be given a written examination testing both
theoretical and practical knowledge which shall include, but not be limited to,
questions that determine the applicant's knowledge, as provided by rule.
(c) The examination of applicants for licensure as an esthetics teacher may
include:
(1) teaching methodology;
(2) classroom management; and
(3) record keeping and any other subjects that the | ||
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(d) This Act does not prohibit the practice of esthetics by one who has
applied in writing to the Department, in form and substance satisfactory to
the Department, for a license as an esthetician or an esthetics teacher and has complied with all the provisions of this Act
in order to qualify for a license, except the passing of an examination to be
eligible to receive such license certificate, until: (i) the expiration of 6
months after the filing of such written application, or (ii) the decision
of the Department that the applicant has failed to pass an examination within
6 months or failed without an approved excuse to take an examination conducted
within 6 months by the Department, or (iii) the withdrawal of the application.
(Source: P.A. 100-642, eff. 1-1-19; 100-934, eff. 1-1-19 .)
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(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-6. Licensure; renewal;
continuing education; examination; military service. The holder of a license
issued under this Article may renew such license during the
month preceding the expiration date thereof by paying the required fee, giving evidence the Department may
prescribe of completing not less than 10 hours for estheticians,
and not less than 20 hours of continuing education for esthetics
teachers,
within the 2 years prior to renewal. The training shall be in subjects,
approved by the Department as prescribed by rule upon recommendation of
the Board. For the initial renewal of an esthetician's license which requires continuing education, as prescribed by rule, one hour of the continuing education shall include domestic violence and sexual assault awareness education as prescribed by rule of the Department. For every subsequent renewal of an esthetician's license, one hour of the continuing education may include domestic violence and sexual assault awareness education as prescribed by rule of the Department. The one-hour domestic violence and sexual assault awareness continuing education course shall be provided by a continuing education provider approved by the Department, except that completion from March 12, 2016 to March 15, 2016 of a one-hour domestic violence and sexual assault awareness course from a domestic violence and sexual assault awareness organization shall satisfy this requirement.
The Department may prescribe rules regarding the requirements for domestic violence and sexual assault awareness continuing education courses and teachers. The Department, in its discretion, may waive enforcement of the continuing
education requirement in this Section, including the domestic violence and sexual assault awareness education requirement, and shall adopt rules defining the
standards and criteria for such waiver, under the following circumstances:
(1) the licensee resides in a locality where it is | ||
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(2) the licensee's compliance with the continuing | ||
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(3) the licensee is serving in the United States | ||
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(4) the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15; 99-766, eff. 1-1-17 .)
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(225 ILCS 410/3A-7)
Sec. 3A-7. (Repealed).
(Source: P.A. 98-911, eff. 1-1-15. Repealed by P.A. 99-427, eff. 8-21-15.)
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(225 ILCS 410/3A-8) (Section scheduled to be repealed on January 1, 2026) Sec. 3A-8. Inactive status. Any esthetician or esthetician teacher who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status. Any esthetician or esthetician teacher requesting restoration from inactive status shall be required to pay the current renewal fee and to qualify for the restoration of his or her license, subject to rules of the Department. A license shall not be restored from inactive status unless the esthetician or esthetician teacher requesting the restoration completes the number of hours of continuing education required for renewal of a license under Section 3A-6. Any esthetician or esthetician teacher whose license is in inactive status shall not practice in the State of Illinois.
(Source: P.A. 99-427, eff. 8-21-15.) |
(225 ILCS 410/Art. IIIB heading) ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
AND NAIL TECHNOLOGY SCHOOLS
(Source: P.A. 98-911, eff. 1-1-15 .) |
(225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-1. Application. The provisions of this Article are applicable
only to barber, cosmetology, esthetics, hair braiding, and nail technology schools
regulated under this Act.
(Source: P.A. 98-911, eff. 1-1-15 .)
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(225 ILCS 410/3B-2) (from Ch. 111, par. 1703B-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-2. Investigations by Department upon its own motion or upon
complaint; opportunity for corrections. The Department may upon
its own motion and shall upon the complaint in writing of any
person setting forth facts which if proved would constitute grounds for
refusal or revocation under this Act, investigate the actions of any
applicant or any person or persons holding or claiming
to hold a license.
Any student or employee of a school approved by this Act who believes he
has been aggrieved by a violation of this Act shall have the right to file
a written complaint within one year of the alleged violation. The Department
shall acknowledge receipt of such written complaint, commence an investigation
of the alleged violation, and forward to the Attorney General and any
appropriate State's Attorney's office copies of complaints as required by
Section 3B-3. The Department shall inform the chief operating officer
of the school cited in the complaint of the nature or substance of the complaint and afford the school an opportunity to either resolve the complaint to the satisfaction of the complainant or submit a written response to the Department.
However, before proceeding to a hearing on the question of whether a
license shall be refused or revoked, the Department may issue a letter
granting the school in question 30 days to correct the deficiency or
deficiencies. The letter shall enumerate the deficiencies and state the action
on the part of the school that will remediate the deficiency or
deficiencies. During the time designated to remedy deficiencies the Department
may order the school to cease and desist from all marketing and student
enrollment activities.
(Source: P.A. 99-427, eff. 8-21-15.)
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(225 ILCS 410/3B-3) (from Ch. 111, par. 1703B-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-3.
(a) The following acts or omissions by an owner, operator
or authorized agent of a school shall
constitute violations of this Act and unlawful practices pursuant to the
"Consumer Fraud and Deceptive Business Practices Act", as now or hereafter amended:
1. False or misleading statements, misrepresentations or false promises
which have the tendency or capacity to influence or induce persons to
enroll in the course of instruction offered by such school.
2. Failure or refusal of the school to make the disclosures in the
enrollment agreement required by this Act; or the making of
false or inaccurate statements in such disclosures.
3. Failure or refusal of the school to refund fees and unearned tuition,
in accordance with the refund policy prescribed by
this Act, to any student who cancels his enrollment agreement.
4. Failure or refusal of the school to employ course instructors
certified by the Department and to provide the equipment,
facilities or services necessary to implement the course of instruction.
(b) Whenever the Attorney General or a state's attorney receives a
complaint against a school which alleges
one or more of the violations enumerated in subsection (a), he may conduct
an investigation to determine the validity of such complaint and, if a
violation or violations are found, may use any or all of the remedies,
penalties or authority granted to him by the "Consumer Fraud and Deceptive
Business Practices Act" to correct such violations and enforce the
provisions of this Act. Within 10 business days of receipt, the
Department shall transmit to the Attorney General and the appropriate
state's attorney copies of complaints filed in its office
which allege one or more of the violations
enumerated in subsection (a).
(Source: P.A. 85-1382 .)
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(225 ILCS 410/3B-4) (from Ch. 111, par. 1703B-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-4.
Except for the violations enumerated below, any owner,
operator or authorized agent of a school
who knowingly violates any provision of this Act shall be guilty of a
business offense.
Any owner, operator or authorized agent of a
school who commits any of the following offenses shall be guilty
of a Class A misdemeanor for the first offense and a Class 4 felony for the
second or subsequent offense:
1. Knowingly, and for the purpose of influencing or inducing a person
to enroll in the course of instruction offered by the school, makes any
false or misleading statements, misrepresentations or
false promises to such person regarding
opportunities upon graduation from the school for (a) employment in a
business, industry or trade, (b)
admission to an institution of higher learning, or (c) admission to an
occupational licensing examination.
2. Knowingly, and with intent to defraud, retains in excess of the school's refund
policy prescribed in this Act any unearned tuition or fees paid by a student who
has cancelled his enrollment
agreement and is entitled to a refund.
3. Knowingly, and with intent to defraud, misrepresents that any student
who has cancelled his
enrollment agreement is presently enrolled in the school, has completed the
course of instruction or has graduated from the school.
4. Knowingly uses or attempts to use students in any commercial or
manufacturing activity related to the operation of the school and to the
school's advantage and profit; except to the extent that the school
provides the student with practical experience supplemental to the course
of instruction or except in the case of students who are employed by the
school and compensated for such employment.
(Source: P.A. 85-1382 .)
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(225 ILCS 410/3B-5) (from Ch. 111, par. 1703B-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-5.
Injunction.
Upon application of the Department, the Attorney
General or any State's Attorney, the Circuit Court of each county in which
a violation of this Act or the Rules and Regulations has occurred, shall
have jurisdiction to enjoin any violation thereto.
(Source: P.A. 85-1382 .)
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