(225 ILCS 410/1-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-4. Definitions. In this Act the following words shall have the
following meanings: "Address of record" means the designated address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.
"Board" means the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board.
"Department" means the Department of Financial and Professional Regulation.
"Licensed barber" means an individual licensed by the Department
to practice barbering as defined in this Act and whose
license is in good standing.
"Licensed cosmetologist" means an individual licensed by the
Department to practice cosmetology, nail technology, hair braiding, and esthetics as
defined in this Act and whose license is in good standing.
"Licensed esthetician" means an individual
licensed by the
Department to practice esthetics as defined in this Act and whose
license is in good standing.
"Licensed nail technician" means an individual
licensed by
the Department to practice nail technology as defined in this Act and whose
license is in good standing.
"Licensed barber teacher" means an individual
licensed
by the Department to practice barbering as defined in this Act
and to provide instruction in the theory and practice of barbering to students in an approved barber school.
"Licensed cosmetology teacher" means an individual
licensed by the Department to practice cosmetology,
esthetics, hair braiding, and nail technology as defined in this Act
and to provide instruction in the theory and
practice of cosmetology, esthetics, hair braiding, and nail technology to
students in an approved cosmetology, esthetics, hair braiding, or nail technology school.
"Licensed cosmetology clinic teacher" means an individual licensed by the
Department to practice cosmetology, esthetics, hair braiding, and nail technology as defined
in this Act and to provide clinical instruction in the practice of cosmetology,
esthetics, hair braiding, and nail technology in an approved school of cosmetology, esthetics, hair braiding,
or nail technology.
"Licensed esthetics teacher" means an individual
licensed by
the Department to practice esthetics as defined in this Act and to provide
instruction in the theory and practice of esthetics
to students in an approved cosmetology or esthetics school.
"Licensed hair braider" means an individual licensed by the Department to practice hair braiding as defined in this Act and whose license is in good standing. "Licensed hair braiding teacher" means an individual licensed by the Department to practice hair braiding and to provide instruction in the theory and practice of hair braiding to students in an approved cosmetology or hair braiding school. "Licensed nail technology teacher" means an individual
licensed by the Department to practice nail technology and
to provide instruction in the theory and
practice of nail technology to students in an approved nail technology
or cosmetology school.
"Enrollment" is the date upon which the student signs an
enrollment agreement or student contract.
"Enrollment agreement" or "student contract" is any agreement,
instrument, or contract however named, which creates or evidences an
obligation binding a student to purchase a course of instruction from a school.
"Enrollment time" means the maximum number of hours a student
could have attended class, whether or not the student did in fact attend
all those hours.
"Elapsed enrollment time" means the enrollment time elapsed between
the actual starting date and the date of the student's last day of physical
attendance in the school.
"Mobile shop or salon" means a self-contained facility that may be moved, towed, or transported from one location to another and in which barbering, cosmetology, esthetics, hair braiding, or nail technology is practiced. "Secretary" means the Secretary of the Department of Financial and Professional Regulation. "Threading" means any technique that results in the removal of superfluous hair from the body by twisting thread around unwanted hair and then pulling it from the skin; and may also include the incidental trimming of eyebrow hair. (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
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(225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-7. Licensure required; renewal; restoration.
(a) It is unlawful for any person to practice, or to hold himself or
herself out to be a cosmetologist, esthetician, nail technician, hair braider, or
barber without a license as a cosmetologist,
esthetician, nail technician, hair braider or barber issued by the Department pursuant to the provisions of this Act and of the
Civil Administrative Code of Illinois. It is also unlawful for any person,
firm, partnership, limited liability company, or corporation to own, operate, or conduct a
cosmetology, esthetics, nail technology, hair braiding, or barber school
without a license
issued by the Department or to own or operate a cosmetology, esthetics, nail
technology, or hair braiding salon, barber shop, or other business subject to the registration requirements of this Act without a certificate of registration issued
by the Department. It is further unlawful for any person to teach in any
cosmetology, esthetics, nail technology, hair braiding, or barber college or school
approved by the Department or hold himself or herself out as a cosmetology,
esthetics, hair braiding, nail technology, or barber teacher without a license as a teacher,
issued by the Department
or as a cosmetology clinic teacher without a license as a cosmetology clinic teacher issued
by the
Department.
(b) Notwithstanding any other provision of this Act, a person licensed as a
cosmetologist may hold himself or herself out as
an esthetician and may engage in the practice of esthetics, as defined in this
Act, without being licensed as an esthetician. A person
licensed as a cosmetology teacher may
teach esthetics or hold himself or herself out as an esthetics teacher without
being licensed as an esthetics teacher. A person
licensed as a cosmetologist may hold himself or herself out
as a nail technician and may engage in the practice of nail technology, as
defined in this Act, without being licensed as a nail
technician. A person licensed as a cosmetology teacher may
teach nail technology and hold himself or herself out as a nail technology
teacher without being licensed as a nail
technology teacher. A person licensed as a cosmetologist may hold himself or herself out as a hair braider and may engage in the practice of hair braiding, as defined in this Act, without being licensed as a hair braider. A person licensed as a cosmetology teacher may teach hair braiding and hold himself or herself out as a hair braiding teacher without being licensed as a hair braiding teacher.
(c) A person licensed as a barber teacher may hold himself or herself out
as a barber and may practice barbering without a license as a barber. A person
licensed as a cosmetology teacher may hold himself or herself out as a
cosmetologist, esthetician, hair braider, and nail technologist and may practice cosmetology,
esthetics, hair braiding, and nail technology without a license as a cosmetologist,
esthetician, hair braider, or nail technologist. A person licensed as an esthetics teacher
may hold himself or herself out as an esthetician without being licensed as an
esthetician and may practice esthetics. A person licensed as a nail technician
teacher may practice nail technology and may hold himself or herself out as a
nail technologist without being licensed as a nail technologist. 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.
(d) The holder of a license issued under this Act may renew that license during the month preceding the expiration date of the license by paying the required fee.
(e) The expiration date, renewal period, and conditions for renewal and restoration of each license shall be established by rule. (f) A license issued under the provisions of this Act as a barber, barber teacher, cosmetologist, cosmetology teacher, cosmetology clinic teacher, esthetician, esthetics teacher, nail technician, nail technician teacher, hair braider, or hair braiding teacher that has expired while the holder of the license was engaged (1) in federal service on active duty with the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United States of America, or any Women's Auxiliary thereof, or the State Militia called into the service or training of the United States of America or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may be reinstated or restored without payment of any lapsed renewal fees, reinstatement fee, or restoration fee if within 2 years after the termination of such service, training, or education other than by dishonorable discharge, the holder furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated. (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
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(225 ILCS 410/2-3) (from Ch. 111, par. 1702-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2-3. Licensure as a barber by a
cosmetology school graduate. A person is qualified to receive a license as a
barber if that person has applied in
writing on forms provided by the Department, paid the 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
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c. Has graduated from a cosmetology school approved
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| by the Department having completed a minimum of 1500 hours in the study of cosmetology; and
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d. Has graduated from a school of barbering or
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| cosmetology approved by the Department having completed a minimum of 500 additional hours in the study of barbering extending over a period of no less than 3 months nor more than one year. 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
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e. Has passed an examination caused to be conducted
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| by the Department, or its designated testing service, to determine fitness to receive a license as a barber; and
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f. Has met any other requirements set forth in this
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(Source: P.A. 99-427, eff. 8-21-15.)
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(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2-4. Licensure as a barber
teacher; qualifications. A person is qualified to receive a license as a barber teacher if that person files an
application on forms provided by the Department, pays the required fee, and: a. Is at least 18 years of age;
b. Has graduated from high school or its equivalent;
c. Has a current license as a barber or cosmetologist;
d. Has graduated from a barber school or school of |
| cosmetology approved by the Department having:
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(1) completed a total of 500 hours in barber
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| teacher training extending over a period of not less than 3 months nor more than 2 years and has had 3 years of practical experience as a licensed barber;
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(2) completed a total of 1,000 hours of barber
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| teacher training extending over a period of not less than 6 months nor more than 2 years; or
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(3) completed the cosmetology teacher training as
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| specified in paragraph (4) of subsection (a) of Section 3-4 of this Act and completed a supplemental barbering course as established by rule;
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e. Has passed an examination authorized by the
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| Department to determine fitness to receive a license as a barber teacher or a cosmetology teacher; and
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f. Has met any other requirements set forth in this
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An applicant who is issued a license as a barber teacher is not required
to maintain a barber license in order to practice barbering as defined in this
Act.
(Source: P.A. 98-911, eff. 1-1-15; 99-78, eff. 7-20-15; 99-427, eff. 8-21-15; 99-642, eff. 7-28-16.)
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(225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2-7. Examination of applicants. The Department shall hold examinations
of applicants for licensure as barbers and teachers of barbering at such times
and places as it
may determine. Upon request, the examinations shall be administered in
Spanish.
Each applicant shall be given a written examination testing both
theoretical and practical knowledge of the following subjects insofar as
they are related and applicable to the practice of barber science and
art: (1) anatomy, (2) physiology, (3) skin diseases, (4) hygiene and
sanitation, (5) barber history, (6) this Act and the rules for the administration of this Act, (7) hair cutting and
styling, (8) shaving, shampooing, and permanent waving, (9) massaging, (10)
bleaching, tinting, and coloring, and
(11) implements.
The examination of applicants for licensure
as a barber
teacher shall include: (a) practice of barbering and styling, (b)
theory of barbering, (c) methods of teaching, and (d) school management.
An applicant for licensure as a barber who has completed 1,200 hours in the study of barbering may take the examination. If an applicant for licensure as a barber fails to pass 3 examinations conducted by the Department, the applicant shall, before taking a subsequent examination, furnish evidence of not less than 250 hours of additional study of barbering in an approved school of barbering or cosmetology since the applicant last took the examination. If an applicant for licensure as a barber teacher fails to pass 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 an approved school of barbering or cosmetology since the applicant last took the examination. An applicant who fails to pass the fourth examination shall not again be admitted to an examination unless: (i) in the case of an applicant for licensure as a barber, the applicant again takes and completes a program of 1,500 hours in the study of barbering in an approved school of barbering or cosmetology extending over a period that commences after the applicant fails to pass the fourth examination and that is not less than 8 months nor more than 7 consecutive years in duration; or (ii) in the case of an applicant for licensure as a barber teacher, the applicant again takes and completes a program of 1,000 hours of teacher training in an approved school of barbering or cosmetology, except that if the applicant had 2 years of practical experience as a licensed barber within the 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 an approved school of barbering or cosmetology. The requirements for remedial training set forth in this Section may be waived in whole or in part by the Department upon proof to the Department that the applicant has demonstrated competence to again sit for the examination. The Department shall adopt rules establishing standards by which this determination shall be made. This Act does not prohibit the practice as a barber or barber teacher by
one who has applied in writing to the Department, in form and substance
satisfactory to the Department, for a license and has complied with all the
provisions of this Act in order to
qualify for a license except the passing
of an examination, until: (a)
the expiration of 6 months after the filing of such written application, or (b)
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 (c) the withdrawal
of the application.
(Source: P.A. 99-427, eff. 8-21-15; 100-642, eff. 1-1-19; 100-934, eff. 1-1-19 .)
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(225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-1. Cosmetology defined. Any one or any combination of the
following practices constitutes the practice of cosmetology when done for
cosmetic or beautifying purposes and not for the treatment of disease or of
muscular or nervous disorder: arranging, braiding, dressing, cutting,
trimming,
curling, waving, chemical restructuring, shaping, singeing, bleaching,
coloring or similar work, upon the hair of the head or any cranial prosthesis; cutting or trimming
facial hair of any person; any practice of
manicuring, pedicuring, decorating nails, applying sculptured nails or
otherwise artificial nails by hand or with mechanical or electrical
apparatus or appliances, or in any way caring for the nails or the skin of
the hands or feet including massaging the hands, arms, elbows, feet, lower
legs, and knees of another
person for other than the treatment of medical disorders; any practice of epilation or
depilation of any person; any practice for the purpose of cleansing,
massaging or toning the skin of the scalp; beautifying, massaging,
cleansing, exfoliating, or stimulating
the stratum corneum of the epidermis by the use of cosmetic
preparations, body treatments, body wraps, the use of
hydrotherapy, or any device,
electrical, mechanical, or otherwise; applying make-up or
eyelashes to any person or lightening or coloring hair
on the body and removing superfluous hair from the body of any person by
the use of depilatories, waxing, threading, or tweezers. The term "cosmetology" does
not include the services provided by an electrologist. Nail technology is
the practice and the study of cosmetology only to the
extent of manicuring, pedicuring, decorating, and applying sculptured or
otherwise artificial nails, or in any way caring for the nail or the skin of
the hands or feet including massaging the hands, arms, elbows, feet, lower
legs,
and knees.
Cosmetologists are prohibited from using any technique, product, or practice intended to affect the living layers of the skin. The term cosmetology includes
rendering advice on what is cosmetically appealing, but no person licensed
under this Act shall render advice on what is appropriate medical treatment
for diseases of the skin. Purveyors of cosmetics may demonstrate such cosmetic
products in conjunction with any sales promotion and shall not be
required to hold a license under this Act.
Nothing in this Act shall be construed to prohibit the shampooing of hair
by persons employed for that purpose and who perform that task
under the direct supervision of a licensed cosmetologist or licensed
cosmetology teacher.
(Source: P.A. 98-911, eff. 1-1-15 .)
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(225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-4. Licensure as cosmetology
teacher or cosmetology clinic teacher; qualifications.
(a) A person is qualified to receive license as a cosmetology teacher
if that person has
applied in writing on forms provided by the Department, has 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 cosmetologist;
(4) has either: (i) completed a program of 500 hours |
| of teacher training in a licensed school of cosmetology and had 2 years of practical experience as a licensed cosmetologist within 5 years preceding the examination; (ii) completed a program of 1,000 hours of teacher training in a licensed school of cosmetology; or (iii) completed the barber teacher training as specified in subsection (d) of Section 2-4 of this Act and completed a supplemental cosmetology course as established by rule;
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(5) has passed an examination authorized by the
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| Department to determine eligibility to receive a license as a cosmetology teacher or barber teacher; and
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(6) has met any other requirements of this Act.
An individual who receives a license as a cosmetology teacher shall not be
required to maintain an active cosmetology license in order to practice
cosmetology as defined in this Act.
(b) A person is qualified to receive a license as a cosmetology clinic
teacher if he or she has applied in writing on forms provided by the
Department, has 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 cosmetologist;
(4) has (i) completed a program of 250 hours of
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| clinic teacher training in a licensed school of cosmetology or (ii) within 5 years preceding the examination, has obtained a minimum of 2 years of practical experience working at least 30 full-time hours per week as a licensed cosmetologist and has completed an instructor's institute of 20 hours, as prescribed by the Department, prior to submitting an application for examination;
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(5) has passed an examination authorized by the
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| Department to determine eligibility to receive a license as a cosmetology teacher; and
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(6)
has met any other requirements of this Act.
The Department shall not issue any new cosmetology clinic teacher licenses after January 1, 2009. Any person issued a license as a cosmetology clinic teacher before January 1, 2009, may renew the license after that date under this Act and that person may continue to renew the license or have the license restored during his or her lifetime, subject only to the renewal or restoration requirements for the license under this Act; however, such licensee and license shall remain subject to the provisions of this Act, including, but not limited to, provisions concerning renewal, restoration, fees, continuing education, discipline, administration, and enforcement.
(Source: P.A. 99-427, eff. 8-21-15.)
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(225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-6. Examination. The Department shall authorize
examinations of applicants for licensure
as cosmetologists and teachers of cosmetology
at the times and
places it may determine. The Department may provide by rule for the administration of the examination prior to the completion of the applicant's program of training as required in Section 3-2, 3-3, or 3-4. Notwithstanding Section 3-2, 3-3, or 3-4, an applicant for licensure as a cosmetologist who has completed 1,200 hours in the study of cosmetology may take the examination. If an applicant for licensure as a cosmetologist
fails to pass 3
examinations conducted by the
Department, the applicant shall, before taking a subsequent examination,
furnish evidence of not less than 250 hours of additional study of
cosmetology in an approved school of cosmetology since the applicant last
took the examination. If an applicant for licensure as a cosmetology teacher
fails to pass 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 an approved school of cosmetology since the applicant last took the
examination. An applicant who fails to pass the fourth
examination shall not again be admitted to an examination unless: (i) in the
case of an applicant for licensure as a cosmetologist, the applicant again
takes and completes a program of 1500 hours in the study of
cosmetology in an
approved school of cosmetology extending over a period that commences after the
applicant fails to pass the fourth examination and that is not less than 8
months nor more than 7 consecutive years in duration; (ii) in the case
of an
applicant for licensure as a cosmetology teacher, the applicant again takes and
completes a program of 1000 hours of teacher training in an
approved school of
cosmetology, except that if the applicant had 2 years of practical experience
as a licensed cosmetologist within the 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 an approved school of
cosmetology, esthetics,
or nail technology; or (iii) in the case of an applicant for licensure as a
cosmetology clinic teacher, the applicant again takes and completes a
program of
250 hours of clinic teacher training in a licensed
school of cosmetology or an instructor's institute of 20 hours. The requirements for remedial training set forth in this Section may be waived in whole or in part by the Department upon proof to the Department that the applicant has demonstrated competence to again sit for the examination. The Department shall adopt rules establishing the standards by which this determination shall be made. Each cosmetology 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 of
product chemistry, sanitary rules, sanitary procedures,
chemical service procedures, hazardous chemicals and exposure minimization,
knowledge of the anatomy of the skin, scalp, hair, and nails as they relate to
applicable services under this Act and labor and compensation laws.
The examination of applicants for licensure as a
cosmetology, esthetics, or nail technology teacher may include
all of the elements of the exam for licensure as a
cosmetologist, esthetician, or nail technician and also include teaching
methodology, classroom management,
record keeping, and any other related subjects that the Department in its
discretion may deem
necessary to insure competent performance.
This Act does not prohibit the practice of cosmetology by one who has
applied in writing to the Department, in form and substance satisfactory to
the Department, for a license as a cosmetologist, or the
teaching of
cosmetology by one who has applied in writing to the Department, in form
and substance satisfactory to the Department, for a license
as a cosmetology teacher or cosmetology clinic teacher, if the person 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 a license, until: (a) the expiration of 6 months
after the
filing of the written application, (b) 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 (c) the withdrawal of the application.
(Source: P.A. 99-427, eff. 8-21-15; 100-642, eff. 1-1-19; 100-934, eff. 1-1-19 .)
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(225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-1. Esthetics defined.
(A) Any one or combination of the
following practices, when done for cosmetic or beautifying purposes and not for the treatment of disease or of a muscular or nervous disorder,
constitutes the practice of esthetics:
1. Beautifying, massaging, cleansing, exfoliating, or |
| stimulating the stratum corneum of the epidermis by the use of cosmetic preparations, body treatments, body wraps, hydrotherapy, or any device, electrical, mechanical, or otherwise, for the care of the skin;
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2. Applying make-up or eyelashes to any person or
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| lightening or coloring hair on the body except the scalp; and
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3. Removing superfluous hair from the body of any
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However, esthetics does not include the services
provided by a cosmetologist or electrologist. Estheticians are prohibited
from using techniques, products, and practices intended to affect the living layers of the skin. The term esthetics includes rendering advice on what is
cosmetically appealing, but no person licensed under this Act shall render
advice on what is appropriate medical treatment for diseases of the skin.
(B)
"Esthetician" means any person who, with hands or mechanical or
electrical apparatus or appliances, engages only in the use of cosmetic
preparations, body treatments, body wraps, hydrotherapy, makeups,
antiseptics, tonics, lotions, creams or
other preparations or in the practice of massaging, cleansing, exfoliating
the stratum corneum of the epidermis,
stimulating,
manipulating, beautifying, grooming, threading, or similar work on the
face, neck, arms and hands or body in a superficial mode, and not for
the treatment of medical disorders.
(Source: P.A. 98-911, eff. 1-1-15 .)
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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 |
| Department may deem necessary to insure competent performance.
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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 .)
|
(225 ILCS 410/3B-10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-10. Requisites for ownership or operation of school. No person,
firm, or corporation may own, operate, or conduct a school of barbering, cosmetology,
esthetics, hair braiding, or nail technology for the purpose of teaching barbering, cosmetology,
esthetics, hair braiding, or nail technology for compensation unless licensed by the Department. A licensed school is a postsecondary educational institution authorized by the Department to provide a postsecondary education program in compliance with the requirements of this Act. An applicant shall apply to the Department on forms
provided by the Department, pay the required fees, and comply with the
following requirements:
1. The applicant must submit to the Department for |
|
a. A floor plan, drawn to a scale specified on
|
| the floor plan, showing every detail of the proposed school; and
|
|
b. A lease commitment or proof of ownership for
|
| the location of the proposed school; a lease commitment must provide for execution of the lease upon the Department's approval of the school's application and the lease must be for a period of at least one year.
|
|
c. (Blank).
2. An application to own or operate a school shall
|
|
a. If the owner is a corporation, a copy of the
|
| Articles of Incorporation or, if the owner is a limited liability company, a copy of the articles of organization;
|
|
b. If the owner is a partnership, a listing of
|
| all partners and their current addresses;
|
|
c. If the applicant is an owner, a completed
|
| financial statement showing the owner's ability to operate the school for at least 3 months;
|
|
d. A copy of the official enrollment agreement or
|
| student contract to be used by the school, which shall be consistent with the requirements of this Act and rules;
|
|
e. A listing of all teachers who will be in the
|
| school's employ, including their teacher license numbers;
|
|
f. A copy of the curricula that will be followed;
g. The names, addresses, and current status of
|
| all schools in which the applicant has previously owned any interest, and a declaration as to whether any of these schools were ever denied accreditation or licensing or lost accreditation or licensing from any governmental body or accrediting agency;
|
|
h. Each application for a certificate of approval
|
| shall be signed and certified under oath by the school's chief managing employee and also by its individual owner or owners; if the applicant is a partnership or a corporation, then the application shall be signed and certified under oath by the school's chief managing employee and also by each member of the partnership or each officer of the corporation, as the case may be;
|
|
i. A copy of the school's official transcript; and
j. The required fee.
3. Each application for a license to operate a school
|
| shall also contain the following commitments:
|
|
a. To conduct the school in accordance with this
|
| Act and the standards, and rules from time to time adopted under this Act and to meet standards and requirements at least as stringent as those required by Part H of the Federal Higher Education Act of 1965.
|
|
b. To permit the Department to inspect the school
|
| or classes thereof from time to time with or without notice; and to make available to the Department, at any time when required to do so, information including financial information pertaining to the activities of the school required for the administration of this Act and the standards and rules adopted under this Act;
|
|
c. To utilize only advertising and solicitation
|
| which is free from misrepresentation, deception, fraud, or other misleading or unfair trade practices;
|
|
d. To screen applicants to the school prior to
|
| enrollment pursuant to the requirements of the school's regional or national accrediting agency, if any, and to maintain any and all records of such screening. If the course of instruction is offered in a language other than English, the screening shall also be performed in that language;
|
|
e. To post in a conspicuous place a statement,
|
| developed by the Department, of student's rights provided under this Act.
|
|
4. The applicant shall establish to the satisfaction
|
| of the Department that the owner possesses sufficient liquid assets to meet the prospective expenses of the school for a period of 3 months. In the discretion of the Department, additional proof of financial ability may be required.
|
|
5. The applicant shall comply with all rules of the
|
| Department determining the necessary curriculum and equipment required for the conduct of the school.
|
|
6. The applicant must demonstrate employment of a
|
| sufficient number of qualified teachers who are holders of a current license issued by the Department.
|
|
7. A final inspection of the barber, cosmetology,
|
| esthetics, hair braiding, or nail technology school shall be made by the Department before the school may commence classes.
|
|
8. A written inspection report must be made by the
|
| State Fire Marshal or a local fire authority approving the use of the proposed premises as a barber, cosmetology, esthetics, hair braiding, or nail technology school.
|
|
(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3B-12)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-12. Enrollment agreements.
(a) Enrollment agreements shall be used by barber, cosmetology, esthetics, hair braiding, and nail
technology schools licensed to operate by the Department and shall include the
following written disclosures:
(1) The name and address of the school and the |
| addresses where instruction will be given;
|
|
(2) The name and description of the course of
|
| instruction, including the number of clock hours in each course and an approximate number of weeks or months required for completion;
|
|
(3) The scheduled starting date and calculated
|
|
(4) The total cost of the course of instruction
|
| including any charges made by the school for tuition, books, materials, supplies, and other expenses;
|
|
(5) A clear and conspicuous statement that the
|
| contract is a legally binding instrument when signed by the student and accepted by the school;
|
|
(6) A clear and conspicuous caption, "BUYER'S RIGHT
|
| TO CANCEL" under which it is explained that the student has the right to cancel the initial enrollment agreement until midnight of the fifth business day after the student has been enrolled; and if notice of the right to cancel is not given to any prospective student at the time the enrollment agreement is signed, then the student has the right to cancel the agreement at any time and receive a refund of all monies paid to date within 10 days of cancellation;
|
|
(7) A notice to the students that the cancellation
|
| must be in writing and given to the registered agent, if any, or managing employee of the school;
|
|
(8) The school's refund policy for unearned tuition,
|
|
(9) The date of the student's signature and the date
|
| of the student's admission;
|
|
(10) The name of the school employee or agent
|
| responsible for procuring, soliciting, or enrolling the student;
|
|
(11) A clear statement that the institution does not
|
| guarantee employment and a statement describing the school's placement assistance procedures;
|
|
(12) The graduation requirements of the school;
(13) The contents of the following notice, in at
|
| least 10 point bold type:
|
|
"NOTICE TO THE STUDENT"
"Do not sign this contract before you read it or if it |
| contains any blank space. You are entitled to an exact copy of the contract you sign."
|
|
(14) A statement either in the enrollment agreement
|
| or separately provided and acknowledged by the student indicating the number of students who did not complete the course of instruction for which they enrolled for the past calendar year as compared to the number of students who enrolled in school during the school's past calendar year;
|
|
(15) The following clear and conspicuous caption:
|
| "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set forth with the address and telephone number of the Department's Complaint Intake Unit.
|
|
(b) If the enrollment is negotiated orally in a language other than English,
then copies
of the above disclosures shall be tendered in the language in which the
contract was negotiated prior to executing the enrollment agreement.
(c) The school shall comply with all applicable requirements of the Retail
Installment Sales Act in its enrollment agreement or student contracts.
(d) No enrollment agreement or student contract shall contain a wage
assignment provision or a confession of judgment clause.
(e) Any provision in an enrollment agreement or student contract that
purports
to waive the student's right to assert against the school, or any assignee, any
claim or defense he or she may have against the school arising under the
contract shall be void.
(f) Two copies of the enrollment agreement shall be signed by the
student. One copy shall be given to the student and the school shall retain
the other copy as part of the student's permanent record.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3B-13)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-13. Rules; refunds. Schools regulated under this Section shall
issue refunds based on the following schedule. The refund policy shall provide
that:
(1) Schools shall, when a student gives written |
| notice of cancellation, provide a refund in the amount of at least the following:
|
|
(a) When notice of cancellation is given within 5
|
| days after the date of enrollment, all application and registration fees, tuition, and any other charges shall be refunded to the student.
|
|
(b) When notice of cancellation is given after
|
| the fifth day following enrollment but before the completion of the student's first day of class attendance, the school may retain no more than the application and registration fee, plus the cost of any books or materials which have been provided by the school and retained by the student.
|
|
(c) When notice of cancellation is given after
|
| the student's completion of the first day of class attendance but prior to the student's completion of 5% of the course of instruction, the school may retain the application and registration fee and an amount not to exceed 10% of the tuition and other instructional charges or $300, whichever is less, plus the cost of any books or materials which have been provided by the school.
|
|
(d) When a student has completed 5% or more of
|
| the course of instruction, the school may retain the application and registration fee and the cost of any books or materials which have been provided by the school but shall refund a part of the tuition and other instructional charges in accordance with the requirements of the school's regional or national accrediting agency, if any, or rules that the Department shall promulgate for purposes of this Section.
|
|
(2) Applicants not accepted by the school shall
|
| receive a refund of all tuition and fees paid.
|
|
(3) Application and registration fees shall be
|
| chargeable at initial enrollment and shall not exceed $100. All fees must be disclosed in the student contract.
|
|
(4) Deposits or down payments shall become part of
|
|
(5) The school shall mail a written acknowledgement
|
| of a student's cancellation or written withdrawal to the student within 15 calendar days of the date of notification. Written acknowledgement is not necessary if a refund has been mailed to the student within the 15 calendar days.
|
|
(6) If the school cancels or discontinues a course,
|
| the student shall be entitled to receive from the school such refund or partial refund of the tuition, fees, and other charges paid by the student or on behalf of the student as is provided under rules promulgated by the Department.
|
|
(7) Except as otherwise provided by this Act, all
|
| student refunds shall be made by the school within 45 calendar days after the date of notice of the student's cancellation or the date that the school determines that the student has officially or unofficially withdrawn.
|
|
(8) A student shall give notice of cancellation to
|
| the school in writing. The unexplained absence of a student from a school for more than 30 consecutive calendar days shall constitute constructive notice of cancellation to the school. For purposes of cancellation, the cancellation date shall be the last day of attendance.
|
|
(9) A school may make refunds which exceed those
|
| required by this Section.
|
|
(10) Each student and former student shall be
|
| entitled to receive from the school that the student attends or attended an official transcript of all hours completed by the student at that school for which the applicable tuition, fees, and other charges have been paid, together with the grades earned by the student for those hours, provided that a student who withdraws from or drops out of a school, by written notice of cancellation or otherwise, shall not be entitled to any transcript of completed hours following the expiration of the 7-year period that began on the student's first day of attendance at the school. A reasonable fee, not exceeding $2, may be charged by the school for each transcript after the first free transcript that the school is required to provide to a student or former student under this Section.
|
|
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3B-15)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-15. Grounds for disciplinary action. In addition to any
other cause herein set forth the Department may refuse to issue or renew and
may suspend, place on probation, or revoke any license to operate a school, or
take any other disciplinary or non-disciplinary action that the Department may deem proper, including the
imposition of fines not to exceed $5,000 for each violation, for any
one or any combination of the following causes:
(1) Repeated violation of any provision of this Act |
| or any standard or rule established under this Act.
|
|
(2) Knowingly furnishing false, misleading, or
|
| incomplete information to the Department or failure to furnish information requested by the Department.
|
|
(3) Violation of any commitment made in an
|
| application for a license, including failure to maintain standards that are the same as, or substantially equivalent to, those represented in the school's applications and advertising.
|
|
(4) Presenting to prospective students information
|
| relating to the school, or to employment opportunities or opportunities for enrollment in institutions of higher learning after entering into or completing courses offered by the school, that is false, misleading, or fraudulent.
|
|
(5) Failure to provide premises or equipment or to
|
| maintain them in a safe and sanitary condition as required by law.
|
|
(6) Failure to maintain financial resources adequate
|
| for the satisfactory conduct of the courses of instruction offered or to retain a sufficient and qualified instructional and administrative staff.
|
|
(7) Refusal to admit applicants on account of race,
|
| color, creed, sex, physical or mental disability unrelated to ability, religion, or national origin.
|
|
(8) Paying a commission or valuable consideration to
|
| any person for acts or services performed in violation of this Act.
|
|
(9) Attempting to confer a fraudulent degree,
|
| diploma, or certificate upon a student.
|
|
(10) Failure to correct any deficiency or act of
|
| noncompliance under this Act or the standards and rules established under this Act within reasonable time limits set by the Department.
|
|
(11) Conduct of business or instructional services
|
| other than at locations approved by the Department.
|
|
(12) Failure to make all of the disclosures or making
|
| inaccurate disclosures to the Department or in the enrollment agreement as required under this Act.
|
|
(13) Failure to make appropriate refunds as required
|
|
(14) Denial, loss, or withdrawal of accreditation by
|
|
(15) During any calendar year, having a failure rate
|
| of 25% or greater for those of its students who for the first time take the examination authorized by the Department to determine fitness to receive a license as a barber, barber teacher, cosmetologist, cosmetology teacher, esthetician, esthetician teacher, hair braider, hair braiding teacher, nail technician, or nail technology teacher, provided that a student who transfers into the school having completed 50% or more of the required program and who takes the examination during that calendar year shall not be counted for purposes of determining the school's failure rate on an examination, without regard to whether that transfer student passes or fails the examination.
|
|
(16) Failure to maintain a written record indicating
|
| the funds received per student and funds paid out per student. Such records shall be maintained for a minimum of 7 years and shall be made available to the Department upon request. Such records shall identify the funding source and amount for any student who has enrolled as well as any other item set forth by rule.
|
|
(17) Failure to maintain a copy of the student record
|
|
(Source: P.A. 98-911, eff. 1-1-15; 99-143, eff. 7-27-15 .)
|
(225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3C-7. Examinations; failure or refusal to take examination. The
Department shall authorize examinations of applicants for licenses as nail
technicians and teachers of nail
technology at the times and places as it may determine. An applicant for licensure as a nail technician who has completed 280 hours in the study of nail technology may take the examination.
The Department shall authorize not less than 4 examinations for
licenses as nail
technicians, and nail technology teachers in a calendar
year.
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 an
application,
the application shall be denied. Nevertheless, the 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 a nail
technician or nail technology teacher is
unsuccessful at 3 examinations conducted by the Department, the
applicant
shall, before taking a subsequent examination, furnish evidence of
successfully completing (i) for a nail technician, not less than 60 hours
of additional study of nail
technology in a licensed school of cosmetology approved
to
teach nail technology or nail
technology and (ii) for a nail technology teacher, not less than 80 hours of
additional study in teaching methodology and educational psychology in an
approved school of cosmetology or nail technology since
the applicant last took the examination.
An applicant who fails the fourth examination shall not
again be admitted to an examination unless: (i) in the case of an
applicant for a license as a nail technician, the applicant again takes
and completes a total of 350 hours in the study of nail technology in an
approved school of cosmetology or nail technology extending over a
period that commences after the applicant fails to pass the fourth examination
and that is not less than 8 weeks nor more than 2 consecutive years in
duration; or (ii) in the case of an applicant for licensure as a nail
technology teacher, the applicant again takes and completes a program of 625
hours of teacher training in a licensed school of cosmetology, or nail
technology, except that if the applicant had 2 years of practical experience as
a licensed nail technician 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 a licensed school of cosmetology approved to teach
nail technology, or a licensed school of nail technology.
Each applicant for licensure as a nail technician 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 of
product chemistry, sanitary rules, sanitary procedures,
hazardous chemicals and exposure minimization, this
Act, and labor and compensation laws.
The examination for licensure as a nail technology teacher may
include knowledge of the subject matter, teaching methodology, classroom
management, record keeping, and any other subjects that the Department in its
discretion may deem necessary to insure competent performance.
This Act does not prohibit the practice of nail technology by a person
who has applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a nail
technician, or the teaching of nail technology by one who has applied in
writing to the Department, in form and substance satisfactory to the
Department, for a license as a nail technology teacher, if the person 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 a license, until: (a)
the expiration of 6 months after the filing of the written application, or (b)
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 (c) the
withdrawal of the application.
(Source: P.A. 100-642, eff. 1-1-19; 100-934, eff. 1-1-19 .)
|
(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3C-8. License renewal; expiration; continuing education;
persons in military service. The holder of a license
issued under this Article may renew that license during the
month preceding the expiration date of the license by
paying the required fee and giving evidence, as the Department may prescribe,
of completing not
less than 10 hours of continuing education for a nail technician
and 20 hours of continuing education for a nail technology teacher, within
the 2 years prior
to renewal. The continuing education shall be in subjects approved by the
Department upon recommendation of the Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Board relating to the practice of nail technology,
including, but not limited to, review of sanitary procedures, review of
chemical service procedures, review of this Act, and review of the Workers'
Compensation Act. However, at least 10 of the hours of continuing education
required for a nail technology teacher
shall be in subjects relating to
teaching methodology, educational psychology, and classroom management or in
other subjects related to teaching. For the initial renewal of a nail technician'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 a nail technician'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:
(a) the licensee resides in a locality where it is |
| demonstrated that the absence of opportunities for such education would interfere with the ability of the licensee to provide service to the public;
|
|
(b) the licensee's compliance with the continuing
|
| education requirements would cause a substantial financial hardship on the licensee;
|
|
(c) the licensee is serving in the United States
|
|
(d) 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 .)
|
(225 ILCS 410/3D-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3D-5. Requisites for ownership or operation of cosmetology,
esthetics, hair braiding, and nail technology salons and barber shops. (a) No person, firm, partnership, limited liability company, or corporation
shall own or operate a cosmetology, esthetics, hair braiding, or nail technology salon or
barber shop or employ, rent space to, or independently contract with any licensee under this Act without applying on forms provided by the Department for a
certificate of registration.
(b) The application for a certificate of registration under this Section
shall
set forth the name, address, and telephone number of the proposed cosmetology,
esthetics, hair braiding, or nail technology salon or barber shop; the name, address, and
telephone number of the person, firm, partnership, or corporation that is to
own or operate the salon or shop; and, if the salon or shop is to be owned or
operated by an entity other than an individual, the name, address, and
telephone number of the managing partner or the chief executive officer of the
corporation or other entity that owns or operates the salon or shop.
(c) The Department shall be notified by the owner or operator of a salon or
shop that is moved to a new location. If there is a change in the ownership or
operation of a salon or shop, the new owner or operator shall report that
change to the Department along with completion of any additional requirements
set forth by rule.
(d) If a person, firm, partnership, limited liability company, or
corporation owns or operates more than one shop or salon, a separate
certificate of registration must be obtained for each salon or shop.
(e) A certificate of registration granted under this Section may be revoked
in accordance with the provisions of Article IV and the holder of the
certificate may be otherwise disciplined by the Department in accordance with
rules adopted under this Act.
(f) The Department may promulgate rules to establish additional
requirements for owning or operating a salon or shop. (g) The requirement of a certificate of registration as set forth in this Section shall also apply to any person, firm, partnership, limited liability company, or corporation providing barbering, cosmetology, esthetics, hair braiding, or nail technology services at any location not owned or rented by such person, firm, partnership, limited liability company, or corporation for these purposes or from a mobile shop or salon. Notwithstanding any provision of this Section, applicants for a certificate of registration under this subsection (g) shall report in its application the address and telephone number of its office and shall not be required to report the location where services are or will be rendered. Nothing in this subsection (g) shall apply to a sole proprietor who has no employees or contractors and is not operating a mobile shop or salon.
(Source: P.A. 99-427, eff. 8-21-15.)
|
(225 ILCS 410/3E-2) (Section scheduled to be repealed on January 1, 2026) Sec. 3E-2. Hair braider licensure; qualifications. (a) A person is qualified to receive a license as a hair braider if he or she has filed an application on forms provided by the Department, paid the required fees, and meets the following qualifications: (1) Is at least 16 years of age; (2) Is beyond the age of compulsory school attendance |
| or has received a certificate of graduation from a school providing secondary education, or the recognized equivalent of that certificate; and
|
|
(3) Has completed a program consisting of a minimum
|
| of 300 clock hours or a 10 credit hour equivalency of instruction, as defined by rule, in a licensed cosmetology school teaching a hair braiding curriculum or in a licensed hair braiding school as follows:
|
|
(A) Basic training consisting of 35 hours of
|
| classroom instruction in general theory, practical application, and technical application in the following subject areas: history of hair braiding, personal hygiene and public health, professional ethics, disinfection and sanitation, bacteriology, disorders and diseases of the hair and scalp, OSHA standards relating to material safety data sheets (MSDS) on chemicals, hair analysis and scalp care, and technical procedures;
|
|
(B) Related concepts consisting of 35 hours of
|
| classroom instruction in the following subject areas: Braid removal and scalp care; basic styling knowledge; tools and equipment; growth patterns, styles and sectioning; client consultation and face shapes; and client education, pre-care, post-care, home care and follow-up services;
|
|
(C) Practices and procedures consisting of 200
|
| hours of instruction, which shall be a combination of classroom instruction and clinical practical application, in the following subject areas: single braids with and without extensions; cornrows with and without extensions; twists and knots; multiple strands; hair locking; weaving/sewn-in; other procedures as they relate to hair-braiding; and product knowledge as it relates to hair braiding; and
|
|
(D) Business practices consisting of 30 hours of
|
| classroom instruction in the following subject areas: Illinois Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 and Rules; salon management; human relations and salesmanship; and Workers' Compensation Act.
|
|
(b) The expiration date and renewal period for each license issued under this Act shall be set by rule.
(c) Within 2 years after the effective date of this amendatory Act of the 96th General Assembly, the Department may issue a hair braider license to any applicant who does not meet the requirements of items (2) and (3) of subsection (a) of this Section if the applicant: (1) files an application in accordance with subsection (a), (2) pays the required fee, (3) has not committed an offense that would be grounds for discipline under this Act, and (4) is able to demonstrate to the Department through tax records or affidavits that he or she has practiced hair braiding for at least 2 consecutive years immediately prior to the date of his or her application.
A hair braider who obtains his or her license under this subsection (c) may renew his or her license if he or she applies to the Department for renewal and has completed at least 65 hours of relevant training in health, safety, hygiene, and business management in accordance with the requirements of this Section or any rule adopted pursuant to this Section. A hair braider who renews his or her license under this subsection (c) may thereafter only renew his or her license if he or she meets the requirements of Section 3E-5 of this Act.
(Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11 .)
|
(225 ILCS 410/4-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-1. Powers and duties of Department. The Department shall
exercise, subject to the provisions of this Act, the following functions,
powers and duties:
(1) To cause to be conducted examinations to |
| ascertain the qualifications and fitness of applicants for licensure as cosmetologists, estheticians, nail technicians, hair braiders, or barbers and as cosmetology, esthetics, nail technology, hair braiding, or barber teachers.
|
|
(2) To determine the qualifications for licensure as
|
| (i) a cosmetologist, esthetician, nail technician, hair braider, or barber, or (ii) a cosmetology, esthetics, nail technology, hair braiding, or barber teacher, or (iii) a cosmetology clinic teacher for persons currently holding similar licenses outside the State of Illinois or the continental U.S.
|
|
(3) To prescribe rules for:
(i) The method of examination of candidates for
|
| licensure as a cosmetologist, esthetician, nail technician, hair braider, or barber or cosmetology, esthetics, nail technology, hair braiding, or barber teacher.
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|
(ii) Minimum standards as to what constitutes an
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| approved cosmetology, esthetics, nail technology, hair braiding, or barber school.
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(4) To conduct investigations or hearings on
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| proceedings to determine disciplinary action.
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(5) To prescribe reasonable rules governing the
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| sanitary regulation and inspection of cosmetology, esthetics, nail technology, hair braiding, or barber schools, salons, or shops.
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(6) To prescribe reasonable rules for the method of
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| renewal for each license as a cosmetologist, esthetician, nail technician, hair braider, or barber or cosmetology, esthetics, nail technology, hair braiding, or barber teacher or cosmetology clinic teacher.
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(7) To prescribe reasonable rules for the method of
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| registration, the issuance, fees, renewal and discipline of a certificate of registration for the ownership or operation of cosmetology, esthetics, hair braiding, and nail technology salons and barber shops.
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(8) To adopt rules concerning sanitation
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| requirements, requirements for education on sanitation, and any other health concerns associated with threading.
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(Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15 .)
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(225 ILCS 410/4-6.1) Sec. 4-6.1. Applicant convictions. (a) When reviewing a conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant, the Department may only deny a license based upon consideration of mitigating factors provided in subsection (c) of this Section for a felony directly related to the practice of cosmetology, esthetics, hair braiding, nail technology, and barbering. (b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of cosmetology, esthetics, hair braiding, nail technology, and barbering: (1) first degree murder; (2) second degree murder; (3) drug induced homicide; (4) unlawful restraint; (5) aggravated unlawful restraint; (6) forcible detention; (7) involuntary servitude; (8) involuntary sexual servitude of a minor; (9) predatory criminal sexual assault of a child; (10) aggravated criminal sexual assault; (11) criminal sexual assault; (12) criminal sexual abuse; (13) aggravated kidnaping; (14) aggravated robbery; (15) armed robbery; (16) kidnapping; (17) aggravated battery; (18) aggravated vehicular hijacking; (19) terrorism; (20) causing a catastrophe; (21) possession of a deadly substance; (22) making a terrorist threat; (23) material support for terrorism; (24) hindering prosecution of terrorism; (25) armed violence; (26) any felony based on consumer fraud or deceptive |
| business practices under the Consumer Fraud and Deceptive Business Practices Act;
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(27) any felony requiring registration as a sex
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| offender under the Sex Offender Registration Act;
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(28) attempt of any the offenses set forth in
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| paragraphs (1) through (27) of this subsection (b); and
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(29) convictions set forth in Section 4-20 of this
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(c) The Department shall consider any mitigating factors contained in the record, when determining the appropriate disciplinary sanction, if any, to be imposed. In addition to those set forth in Section 2105-130 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, mitigating factors shall include the following:
(1) the bearing, if any, the criminal offense or
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| offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;
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(2) the time that has elapsed since the criminal
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(3) the age of the person at the time of the criminal
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(d) The Department shall issue an annual report by January 31, 2018 and by January 31 each year thereafter, indicating the following:
(1) the number of initial applicants for a license
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| under this Act within the preceding calendar year;
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(2) the number of initial applicants for a license
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| under this Act within the previous calendar year who had a conviction;
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(3) the number of applicants with a conviction who
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| were granted a license under this Act within the previous year;
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(4) the number of applicants denied a license under
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| this Act within the preceding calendar year; and
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(5) the number of applicants denied a license under
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| this Act solely on the basis of a conviction within the preceding calendar year.
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(e) Nothing in this Section shall prevent the Department taking disciplinary or non-disciplinary action against a license as set forth in paragraph (2) of subsection (1) of Section 4-7 of this Act.
(Source: P.A. 99-876, eff. 1-1-17 .)
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(225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-7. Refusal, suspension and revocation of licenses; causes;
disciplinary action. (1) The Department may refuse to issue or renew, and
may suspend, revoke, place on probation, reprimand or take any other
disciplinary or non-disciplinary action as the Department may deem proper, including civil
penalties not to exceed $500 for each violation, with regard to any
license for any one, or any combination, of
the
following causes:
a. For licensees, conviction of any crime under the |
| laws of the United States or any state or territory thereof that is (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) a crime which is related to the practice of the profession and, for initial applicants, convictions set forth in Section 4-6.1 of this Act.
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b. Conviction of any of the violations listed in
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c. Material misstatement in furnishing information to
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d. Making any misrepresentation for the purpose of
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| obtaining a license or violating any provision of this Act or its rules.
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e. Aiding or assisting another person in violating
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| any provision of this Act or its rules.
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f. Failing, within 60 days, to provide information in
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| response to a written request made by the Department.
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g. Discipline by another state, territory, or country
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| if at least one of the grounds for the discipline is the same as or substantially equivalent to those set forth in this Act.
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h. Practice in the barber, nail technology,
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| esthetics, hair braiding, or cosmetology profession, or an attempt to practice in those professions, by fraudulent misrepresentation.
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i. Gross malpractice or gross incompetency.
j. Continued practice by a person knowingly having an
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| infectious or contagious disease.
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k. Solicitation of professional services by using
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| false or misleading advertising.
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l. A finding by the Department that the licensee,
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| after having his or her license placed on probationary status, has violated the terms of probation.
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m. Directly or indirectly giving to or receiving from
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| any person, firm, corporation, partnership or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered.
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n. Violating any of the provisions of this Act or
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| rules adopted pursuant to this Act.
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o. Willfully making or filing false records or
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| reports relating to a licensee's practice, including but not limited to, false records filed with State agencies or departments.
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p. Habitual or excessive use or addiction to alcohol,
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| narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill or safety.
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q. Engaging in dishonorable, unethical or
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| unprofessional conduct of a character likely to deceive, defraud, or harm the public as may be defined by rules of the Department, or violating the rules of professional conduct which may be adopted by the Department.
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r. Permitting any person to use for any unlawful or
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| fraudulent purpose one's diploma or license or certificate of registration as a cosmetologist, nail technician, esthetician, hair braider, or barber or cosmetology, nail technology, esthetics, hair braiding, or barber teacher or salon or shop or cosmetology clinic teacher.
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s. Being named as a perpetrator in an indicated
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| report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
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t. Operating a salon or shop without a valid
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u. Failure to complete required continuing education
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(2) In rendering an order, the Secretary shall take into
consideration the facts and circumstances involving the type of acts
or omissions in paragraph (1) of this Section including, but not limited to:
(a) the extent to which public confidence in the
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| cosmetology, nail technology, esthetics, hair braiding, or barbering profession was, might have been, or may be, injured;
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|
(b) the degree of trust and dependence among the
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(c) the character and degree of harm which did result
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(d) the intent or mental state of the licensee at the
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| time of the acts or omissions.
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(3) The Department may reissue the license or registration upon
certification by the Board that the disciplined licensee or registrant
has complied with all of the terms and conditions set forth in the final
order or has been sufficiently rehabilitated to warrant the public trust.
(4) The Department shall refuse to issue or renew or suspend without hearing the license or
certificate of registration
of any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied as determined by the Department of Revenue.
(5) (Blank).
(6) All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
(Source: P.A. 99-427, eff. 8-21-15; 99-876, eff. 1-1-17; 100-872, eff. 8-14-18.)
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(225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-20. Violations; penalties. Whoever violates any of the following
shall, for the first offense, be guilty of a Class B misdemeanor; for the
second offense, shall be guilty of a Class A misdemeanor; and for all
subsequent offenses, shall be guilty of a Class 4 felony and be fined not
less than $1,000 or more than $5,000.
(1) The practice of cosmetology, nail technology, esthetics, hair braiding, or
barbering
or an attempt to practice cosmetology, nail technology, esthetics, hair braiding, or
barbering without a license as a
cosmetologist, nail technician, esthetician, hair braider, or barber; or the practice or attempt to practice as a
cosmetology, nail technology, esthetics, hair braiding, or barber teacher without a
license as a cosmetology, nail technology,
esthetics, hair braiding, or barber teacher; or the practice or attempt to practice as a cosmetology clinic teacher without a proper license.
(2) The obtaining of or an attempt to obtain a
license
or money or any other thing of value by fraudulent misrepresentation.
(3) Practice in the barber, nail technology, cosmetology, hair braiding, or
esthetic
profession, or an attempt to practice in those professions, by fraudulent
misrepresentation.
(4) Wilfully making any false oath or affirmation whenever an
oath
or affirmation is required by this Act.
(5) The violation of any of the provisions of this Act.
(Source: P.A. 98-911, eff. 1-1-15 .)
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