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90_HB1662
225 ILCS 410/1-4 from Ch. 111, par. 1701-4
225 ILCS 410/2-2 from Ch. 111, par. 1702-2
225 ILCS 410/2-3 from Ch. 111, par. 1702-3
225 ILCS 410/2-7 from Ch. 111, par. 1702-7
225 ILCS 410/2-9 new
225 ILCS 410/2-10 new
225 ILCS 410/2-11 new
225 ILCS 410/3-2 from Ch. 111, par. 1703-2
225 ILCS 410/3-2A new
225 ILCS 410/3-6 from Ch. 111, par. 1703-6
225 ILCS 410/3-9 new
225 ILCS 410/3-10 new
225 ILCS 410/3A-5 from Ch. 111, par. 1703A-5
225 ILCS 410/3A-8 new
225 ILCS 410/3A-9 new
225 ILCS 410/3A-10 new
225 ILCS 410/3C-7 from Ch. 111, par. 1703C-7
225 ILCS 410/3C-10 new
225 ILCS 410/3C-11 new
225 ILCS 410/3C-12 new
225 ILCS 410/4-4 from Ch. 111, par. 1704-4
225 ILCS 410/4-7 from Ch. 111, par. 1704-7
225 ILCS 410/4-20 from Ch. 111, par. 1704-20
Amends the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985. Authorizes the Department of
Professional Regulation to establish apprenticeship programs
for barbers, cosmetologists, estheticians, and nail
technologists. Establishes qualifications, registration,
expiration of registration, fees, and violations.
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LRB9004088DPcc
1 AN ACT to amend the Barber, Cosmetology, Esthetics, and
2 Nail Technology Act of 1985 by changing Sections 1-4, 2-2,
3 2-3, 2-7, 3-2, 3-6, 3A-5, 3C-7, 4-4, 4-7, and 4-20 and by
4 adding Sections 2-9, 2-10, 2-11, 3-2A, 3-9, 3-10, 3A-8, 3A-9,
5 3A-10, 3C-10, 3C-11, and 3C-12.
6 Be it enacted by the People of the State of
7 Illinois, represented in the General Assembly:
8 Section 5. The Barber, Cosmetology, Esthetics, and Nail
9 Technology Act of 1985 is amended by changing Sections 1-4,
10 2-2, 2-3, 2-7, 3-2, 3-6, 3A-5, 3C-7, 4-4, 4-7, and 4-20 and
11 by adding Sections 2-9, 2-10, 2-11, 3-2A, 3-9, 3-10, 3A-8,
12 3A-9, 3A-10, 3C-10, 3C-11, and 3C-12 as follows:
13 (225 ILCS 410/1-4) (from Ch. 111, par. 1701-4)
14 Sec. 1-4. Definitions. In this Act the following words
15 shall have the following meanings:
16 (1) "Department" means the Department of Professional
17 Regulation.
18 (2) "Director" means the Director of Professional
19 Regulation.
20 (3) "Committee" means the Barber, Cosmetology,
21 Esthetics, and Nail Technology Committee.
22 (4) "Licensed Barber" means an individual licensed by
23 the Department to practice barbering and esthetics as defined
24 in this Act and whose license is in good standing.
25 (5) "Licensed Cosmetologist" means an individual
26 licensed by the Department to practice cosmetology, nail
27 technology, and esthetics as defined in this Act and whose
28 license is in good standing.
29 (6) "Licensed Esthetician" means an individual licensed
30 by the Department to practice esthetics as defined in this
31 Act and whose license is in good standing.
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1 (7) "Licensed Nail Technician" means any individual
2 licensed by the Department to practice nail technology as
3 defined in this Act and whose license is in good standing.
4 (8) "Licensed Barber Teacher" means an individual
5 licensed by the Department to practice barbering and
6 esthetics as defined in this Act and to provide instruction
7 in the theory and practice of barbering and esthetics to
8 students in an approved barber school or esthetics school.
9 (9) "Licensed Cosmetology Teacher" means an individual
10 licensed by the Department to practice cosmetology,
11 esthetics, and nail technology as defined in this Act and to
12 provide instruction in the theory and practice of
13 cosmetology, esthetics, and nail technology to students in an
14 approved cosmetology, esthetics, or nail technology school.
15 (10) "Licensed Esthetics Teacher" means an individual
16 licensed by the Department to practice esthetics as defined
17 in this Act and to provide instruction in the theory and
18 practice of esthetics to students in an approved cosmetology
19 or esthetics school.
20 (11) "Licensed Nail Technology Teacher" means an
21 individual licensed by the Department to practice nail
22 technology and to provide instruction in the theory and
23 practice of nail technology to students in an approved nail
24 technology school or cosmetology school.
25 (12) "Enrollment" is the date upon which the student
26 signs an enrollment agreement or student contract.
27 (13) "Enrollment agreement" or "student contract" is any
28 agreement, instrument, or contract however named, which
29 creates or evidences an obligation binding a student to
30 purchase a course of instruction from a school.
31 (14) "Enrollment time" means the maximum number of hours
32 a student could have attended class, whether or not the
33 student did in fact attend all those hours.
34 (15) "Elapsed enrollment time" means the enrollment time
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1 elapsed between the actual starting date and the date of the
2 student's last day of physical attendance in the school.
3 (16) "Apprentice cosmetologist" means any person who is
4 engaged in learning and acquiring a knowledge of the practice
5 of cosmetology under the direction and supervision of a
6 person registered under this Act to practice cosmetology in
7 accordance with the rules relating to apprentices.
8 (17) "Apprentice nail technician" means any person who
9 is engaged in learning and acquiring a knowledge of the
10 practice of nail technology under the direction and
11 supervision of a person registered under this Act to practice
12 cosmetology or nail technology in accordance with the rules
13 relating to apprentices.
14 (18) "Apprentice esthetician" means any person who is
15 engaged in learning and acquiring a knowledge of the practice
16 of esthetics under the direction and supervision of a person
17 registered under this Act to practice cosmetology or
18 esthetics in accordance with the rules relating to
19 apprentices.
20 (19) "Apprentice barber" means any person who is engaged
21 in learning and acquiring a knowledge of the practice of
22 barbering under direction and supervision of a person
23 registered under this Act to practice barbering in accordance
24 with the rules relating to apprentices.
25 (Source: P.A. 89-387, eff. 1-1-96.)
26 (225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)
27 Sec. 2-2. Licensure as a barber; qualifications. A
28 person is qualified to receive a license as a barber if that
29 person has applied in writing on forms prescribed by the
30 Department, has paid the required fees, and:
31 a. Is at least 16 years of age; and
32 b. Has a certificate of graduation from a school
33 providing secondary education, or the recognized equivalent
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1 of such a certificate, or persons who are beyond the age of
2 compulsory school attendance; and
3 c. (1) Has graduated from a school of barbering approved
4 by the Department, having completed a total of 1500 hours in
5 the study of barbering extending over a period of not less
6 than 9 months nor more than 3 years, or (2) has been an
7 apprentice in a barber shop for a period of not less than
8 3,000 hours over a minimum period of 2 years continuous
9 training, not to exceed 8 hours in any one day, or (3) has
10 completed a combination of the study of barbering and an
11 apprenticeship program totaling a proportionate number of
12 hours as determined by the Department.
13 A school of barbering may, at its discretion, consistent
14 with the rules of the Department, accept up to 500 hours of
15 cosmetology school training at a recognized cosmetology
16 school toward the 1500 hour course requirement of barbering.
17 Time spent in such study under the laws of another state or
18 territory of the United States or of a foreign country or
19 province shall be credited toward the period of study
20 required by the provisions of this paragraph; and
21 d. Has passed an examination caused to be conducted by
22 the Department or its designated testing service to determine
23 fitness to receive a license as a barber; and
24 e. Has met all other requirements of this Act.
25 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
26 (225 ILCS 410/2-3) (from Ch. 111, par. 1702-3)
27 Sec. 2-3. Licensure as a barber by a cosmetology school
28 graduate. A person is qualified to receive a license as a
29 barber if that person has applied in writing on forms
30 provided by the Department, paid the required fees, and:
31 a. Is at least 16 years of age; and
32 b. Has a certificate of graduation from a school
33 providing secondary education, or the recognized equivalent
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1 of such a certificate, or persons who are beyond the age of
2 compulsory school attendance; and
3 c. Has graduated from a cosmetology school approved by
4 the Department having completed a minimum of 1500 hours in
5 the study of cosmetology; and
6 d. Has graduated from a school of barbering approved by
7 the Department having completed a minimum of 1000 additional
8 hours in the study of barbering extending over a period of no
9 less than 6 months nor more than 2 years, or has completed
10 3,000 hours as an apprentice barber over a minimum period of
11 2 years of continuous training not to exceed 8 hours in any
12 one day, or has completed a combination of the study of
13 barbering and an apprenticeship program totaling a
14 proportionate number of hours as determined by the
15 Department. Time spent in such study under the laws of
16 another state or territory of the United States or of a
17 foreign country or province shall be credited toward the
18 period of study required by the provisions of this paragraph;
19 and
20 e. Has passed an examination caused to be conducted by
21 the Department, or its designated testing service, to
22 determine fitness to receive a license as a barber; and
23 f. Has met any other requirements set forth in this Act.
24 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
25 (225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)
26 Sec. 2-7. Examination of applicants. The Department
27 shall hold examinations of applicants for licensure as
28 barbers, apprentice barbers, and teachers of barbering at
29 such times and places as it may determine. Upon request, the
30 examinations shall be administered in Spanish.
31 Each applicant shall be given a written examination
32 testing both theoretical and practical knowledge of the
33 following subjects insofar as they are related and applicable
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1 to the practice of barber science and art: (1) anatomy, (2)
2 physiology, (3) skin diseases, (4) hygiene and sanitation,
3 (5) barber history, (6) barber law, (7) hair cutting and
4 styling, (8) shaving, shampooing, and permanent waving, (9)
5 massaging, (10) bleaching, tinting, and coloring, and (11)
6 implements.
7 The examination of applicants for registration as a
8 barber teacher shall include: (a) practice of barbering and
9 styling, (b) theory of barbering, (c) methods of teaching,
10 and (d) school management.
11 This Act does not prohibit the practice as a barber, an
12 apprentice barber, or barber teacher by one who has applied
13 in writing to the Department, in form and substance
14 satisfactory to the Department, for a license and has
15 complied with all the provisions of this Act in order to
16 qualify for a license except the passing of an examination,
17 until: (a) the expiration of 6 months after the filing of
18 such written application, or (b) the decision of the
19 Department that the applicant has failed to pass an
20 examination within 6 months or failed without an approved
21 excuse to take an examination conducted within 6 months by
22 the Department, or (c) the withdrawal of the application.
23 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
24 (225 ILCS 410/2-9 new)
25 Sec. 2-9. Qualifications; apprentice registration;
26 authorized services for general public.
27 (a) The Department may register as an apprentice barber
28 a person who has made application to the Department upon the
29 proper form, has paid the required fee, and who is qualified
30 as follows:
31 (1) Is over 16 years of age.
32 (2) Has completed the 10th grade in the public
33 schools of this State or its equivalent.
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1 (3) Is of good moral character.
2 (4) Has submitted acceptable evidence that the
3 apprentice's training will be conducted in a barber shop
4 under the supervision of a registered barber approved by
5 the Department.
6 (5) Has submitted the name and place of business of
7 his or her employer and the date of commencement of the
8 apprenticeship. An apprentice who changes his or her
9 place of employment shall promptly notify the Department
10 of the name and place of business of the new employer and
11 the date of the change.
12 (6) Has completed the minimum preapprentice
13 training established by the Department in an approved
14 facility before serving the general public.
15 (7) Has successfully completed an examination for
16 apprentices that has been designated or administered by
17 the Department.
18 (b) An apprentice may take courses or instruction in a
19 barber school without having to register as a student.
20 (c) Apprentices may perform for the general public only
21 those services for which they have received technical
22 training.
23 (d) Apprentices shall be required to complete at least
24 the minimum number of hours of technical instruction and
25 learn the minimum number of practical operations for each
26 subject that are specified by rule for courses taught in
27 schools approved by the Department.
28 (225 ILCS 410/2-10 new)
29 Sec. 2-10. Apprentice registration required. An
30 individual must be registered by the Department before he or
31 she may serve as an apprentice in a barber shop in this
32 State. The term "apprentice" shall appear in conspicuous
33 print upon the certificate of registration.
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1 The apprentice barber may not independently practice
2 barbering but may, as an apprentice, do any or all acts
3 constituting the practice of barbering under the immediate
4 personal supervision of a registered barber. Only one
5 apprentice shall be employed in any barber shop.
6 (225 ILCS 410/2-11 new)
7 Sec. 2-11. Expiration; apprentice barber certificate.
8 The registration of an apprentice barber shall expire 2
9 years from the date the certificate of registration was
10 issued, or on the date the apprentice is issued a certificate
11 of registration as a barber following examination, or if the
12 apprentice fails the examination twice, on the date the
13 results of the second examination are issued, whichever
14 occurs first.
15 A person registered as an apprentice barber shall not
16 work more than 3 months after completing the required
17 training without applying for and taking the examination for
18 a certificate of registration as a barber.
19 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
20 Sec. 3-2. Licensure; qualifications. A person is
21 qualified to receive a license as a cosmetologist who has
22 filed an application on forms provided by the Department,
23 pays the required fees, and:
24 a. Is at least l6 years of age; and
25 b. Has graduated from an eighth grade elementary school,
26 or its equivalent; and
27 c. (1) Has graduated from a school of cosmetology
28 approved by the Department, having completed a total of l500
29 hours in the study of cosmetology extending over a period of
30 not less than 8 months nor more than 7 consecutive years, or
31 (2) has completed 3,000 hours as an apprentice cosmetologist
32 over a minimum period of 2 years of continuous training not
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1 to exceed 8 hours in any one day, or (iii) has completed a
2 combination of the study of cosmetology and an apprentice
3 program totaling a proportionate number of hours as
4 determined by the Department. A school of cosmetology may, at
5 its discretion, consistent with the rules of the Department,
6 accept up to 500 hours of barber school training at a
7 recognized barber school toward the l500 hour course
8 requirement of cosmetology. Time spent in such study under
9 the laws of another state or territory of the United States
10 or of a foreign country or province shall be credited toward
11 the period of study required by the provisions of this
12 paragraph; and
13 d. Has passed an examination authorized by the
14 Department to determine fitness to receive a license as a
15 cosmetologist. The requirements for remedial training set
16 forth in Section 3-6 of this Act may be waived in whole or in
17 part by the Department upon proof to the Department that the
18 applicant has demonstrated competence to again sit for the
19 examination. The Department shall promulgate rules
20 establishing the standards by which such determination shall
21 be made; and
22 e. Has met any other requirements of this Act.
23 (Source: P.A. 89-387, eff. 1-1-96.)
24 (225 ILCS 410/3-2A new)
25 Sec. 3-2A. Qualifications; apprentice registration;
26 authorized services for general public.
27 (a) The Department may register as an apprentice in
28 cosmetology a person who has made application to the
29 Department upon the proper form, has paid the required fee,
30 and who is qualified as follows:
31 (1) Is over 16 years of age.
32 (2) Has completed the 10th grade in the public
33 schools of this State or its equivalent.
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1 (3) Is of good moral character.
2 (4) Has submitted acceptable evidence that the
3 apprentice's training will be conducted in an
4 establishment under the supervision of a registered
5 cosmetologist approved by the Department.
6 (5) Has submitted the name and place of business of
7 his or her employer and the date of commencement of the
8 apprenticeship. An apprentice cosmetologist who changes
9 his or her place of employment shall promptly notify the
10 Department of the name and place of business of the new
11 employer and the date of the change.
12 (6) Has completed the minimum preapprentice
13 training established by the Department in an approved
14 facility before serving the general public.
15 (7) Has successfully completed an examination for
16 apprentices that has been designated or administered by
17 the Department.
18 (b) An apprentice may take courses or instruction in a
19 school of cosmetology without having to register as a
20 student.
21 (c) Apprentices may perform for the general public only
22 those services for which they have received technical
23 training.
24 (d) Apprentices shall be required to complete at least
25 the minimum number of hours of technical instruction and
26 learn the minimum number of practical operations for each
27 subject that are specified by rule for courses taught in
28 schools approved by the Department.
29 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
30 Sec. 3-6. Examination. The Department shall authorize
31 examinations of applicants for licensure as cosmetologists,
32 apprentice cosmetologists, and teachers of cosmetology at the
33 times and places it may determine. The Department shall
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1 authorize not less than 2 examinations for certificates of
2 registration for apprentice cosmetologists a calendar year.
3 If an applicant for licensure as a cosmetologist fails to
4 pass 3 examinations conducted by the Department, the
5 applicant shall, before taking a subsequent examination,
6 furnish evidence of not less than 250 hours of additional
7 study of cosmetology in an approved school of cosmetology
8 since the applicant last took the examination. If an
9 applicant for licensure as a cosmetology teacher fails to
10 pass 3 examinations conducted by the Department, the
11 applicant shall, before taking a subsequent examination,
12 furnish evidence of not less than 80 hours of additional
13 study in teaching methodology and educational psychology in
14 an approved school of cosmetology since the applicant last
15 took the examination. An applicant who fails to pass the
16 fourth examination shall not again be admitted to an
17 examination unless: (i) in the case of an applicant for
18 licensure as a cosmetologist, the applicant again takes and
19 completes a total of 1500 hours in the study of cosmetology
20 in an approved school of cosmetology extending over a period
21 that commences after the applicant fails to pass the fourth
22 examination and that is not less than 8 months nor more than
23 7 consecutive years in duration; or (ii) in the case of an
24 applicant for licensure as a cosmetology teacher, the
25 applicant again takes and completes a total of 1000 hours of
26 teacher training in an approved school of cosmetology, except
27 that if the applicant had 2 years of practical experience as
28 a licensed cosmetologist within the 5 years preceding the
29 initial examination taken by the applicant, the applicant
30 must again take and complete 500 hours of teacher training in
31 an approved school of cosmetology, esthetics, or nail
32 technology. Each cosmetology applicant shall be given a
33 written examination testing both theoretical and practical
34 knowledge, which shall include, but not be limited to,
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1 questions that determine the applicant's knowledge of product
2 chemistry, sanitary rules and regulations, sanitary
3 procedures, chemical service procedures, hazardous chemicals
4 and exposure minimization, knowledge of the anatomy of the
5 skin, scalp and hair as they relate to applicable services
6 under this Act and labor and compensation laws.
7 The examination of applicants for licensure as a
8 cosmetology, esthetics, or nail technology teacher may
9 include all of the elements of the exam for licensure as a
10 cosmetologist, esthetician, or nail technician and also
11 include teaching methodology, classroom management, record
12 keeping, and any other related subjects that the Department
13 in its discretion may deem necessary to insure competent
14 performance.
15 This Act does not prohibit the practice of cosmetology by
16 one who has applied in writing to the Department, in form and
17 substance satisfactory to the Department, for a license as a
18 cosmetologist, or the teaching of cosmetology by one who has
19 applied in writing to the Department, in form and substance
20 satisfactory to the Department, for a license as a
21 cosmetology teacher, if the person has complied with all the
22 provisions of this Act in order to qualify for a license,
23 except the passing of an examination to be eligible to
24 receive a license, until: (a) the expiration of 6 months
25 after the filing of the written application, (b) the decision
26 of the Department that the applicant has failed to pass an
27 examination within 6 months or failed without an approved
28 excuse to take an examination conducted within 6 months by
29 the Department, or (c) the withdrawal of the application.
30 (Source: P.A. 89-387, eff. 1-1-96.)
31 (225 ILCS 410/3-9 new)
32 Sec. 3-9. Apprentice registration required. An
33 individual must be registered by the Department before he or
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1 she may serve as an apprentice cosmetologist in a beauty
2 salon in this State. The term "apprentice" shall appear in
3 conspicuous print upon the certificate of registration.
4 The apprentice cosmetologist may not independently
5 practice cosmetology but may, as an apprentice, do any or all
6 acts constituting the practice of cosmetology under the
7 immediate personal supervision of a registered cosmetologist.
8 Only one apprentice shall be employed in a beauty shop.
9 (225 ILCS 410/3-10 new)
10 Sec. 3-10. Expiration; apprentice cosmetologist
11 certificate.
12 The registration of an apprentice cosmetologist shall
13 expire 2 years from the date the certificate of registration
14 was issued, or on the date the apprentice is issued a
15 certificate of registration as a cosmetologist following
16 examination, or if the apprentice fails the examination
17 twice, on the date the results of the second examination are
18 issued, whichever occurs first.
19 A person registered as an apprentice cosmetologist shall
20 not work more than 3 months after completing the required
21 training without applying for and taking the examination for
22 a certificate of registration as a cosmetologist.
23 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
24 Sec. 3A-5. Examination. The Department shall authorize
25 examinations of applicants for licenses as estheticians,
26 apprentice estheticians, and teachers of esthetics at such
27 times and places as it may determine. The Department shall
28 authorize not less than 4 examinations for license as
29 estheticians and esthetics teachers in a calendar year and
30 not less than 2 examinations for certificates of registration
31 for apprentice estheticians in a calendar year.
32 If an applicant neglects, fails without an approved
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1 excuse or refuses to take the next available examination
2 offered for licensure under this Act, the fee paid by the
3 applicant shall be forfeited to the Department and the
4 application denied. If an applicant fails to pass an
5 examination for licensure under this Act within 3 years after
6 filing his or her application, the application shall be
7 denied. However, such applicant may thereafter make a new
8 application for examination, accompanied by the required fee,
9 if he or she meets the requirements in effect at the time of
10 reapplication. If an applicant for licensure as an
11 esthetician is unsuccessful at 3 examinations conducted by
12 the Department, the applicant shall, before taking a
13 subsequent examination, furnish evidence of not less than 125
14 hours of additional study of esthetics in an approved school
15 of cosmetology or esthetics since the applicant last took the
16 examination. If an applicant for licensure as an esthetics
17 teacher is unsuccessful at 3 examinations conducted by the
18 Department, the applicant shall, before taking a subsequent
19 examination, furnish evidence of not less than 80 hours of
20 additional study in teaching methodology and educational
21 psychology in a licensed school of cosmetology or esthetics
22 since the applicant last took the examination. An applicant
23 who fails to pass a fourth examination shall not again be
24 admitted to an examination unless (i) in the case of an
25 applicant for licensure as an esthetician, the applicant
26 shall again take and complete a total of 750 hours in the
27 study of esthetics in a licensed school of cosmetology
28 approved to teach esthetics or esthetics extending over a
29 period that commences after the applicant fails to pass the
30 fourth examination and that is not less than 18 weeks nor
31 more than 4 consecutive years in duration; or (ii) in the
32 case of an applicant for a license as an esthetics teacher,
33 the applicant shall again take and complete a total of 750
34 hours of teacher training in a school of cosmetology approved
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1 to teach esthetics or esthetics, except that if the applicant
2 had 2 years of practical experience as a licensed
3 cosmetologist or esthetician within 5 years preceding the
4 initial examination taken by the applicant, the applicant
5 must again take and complete 500 hours of teacher training in
6 licensed cosmetology or a licensed esthetics school.
7 Each applicant shall be given a written examination
8 testing both theoretical and practical knowledge which shall
9 include, but not be limited to, questions that determine the
10 applicant's knowledge of:
11 a. Product chemistry;
12 b. Sanitary rules and regulations;
13 c. Sanitary procedures;
14 d. Chemical service procedures;
15 e. Knowledge of the anatomy of the skin, as it
16 relates to applicable services under this Act;
17 f. The provisions and requirements of this Act; and
18 g. Labor and compensation laws.
19 The examination of applicants for licensure as an
20 esthetics teacher shall include all of the above and also
21 include:
22 1. Teaching methodology;
23 2. Classroom management; and
24 3. Record keeping and any other subjects that the
25 Department may deem necessary to insure competent
26 performance.
27 This Act does not prohibit the practice of esthetics by
28 one who has applied in writing to the Department, in form and
29 substance satisfactory to the Department, for a license as an
30 esthetician or an esthetics teacher and has complied with all
31 the provisions of this Act in order to qualify for a license,
32 except the passing of an examination to be eligible to
33 receive such license certificate, until: (a) the expiration
34 of 6 months after the filing of such written application, or
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1 (b) the decision of the Department that the applicant has
2 failed to pass an examination within 6 months or failed
3 without an approved excuse to take an examination conducted
4 within 6 months by the Department, or (c) the withdrawal of
5 the application.
6 (Source: P.A. 89-387, eff. 1-1-96.)
7 (225 ILCS 410/3A-8 new)
8 Sec. 3A-8. Qualifications; apprentice registration;
9 authorized services for general public.
10 (a) The Department may register as an apprentice
11 esthetician any person who has made an application to the
12 Department upon the proper form, has paid the required fee,
13 and who is qualified as follows:
14 (1) Is over 16 years of age.
15 (2) Has completed the 10th grade in the public
16 schools of this State or its equivalent.
17 (3) Is of good moral character.
18 (4) Has submitted acceptable evidence that the
19 apprentice's training will be conducted in an
20 establishment and under the supervision of a registered
21 esthetician approved by the Department.
22 (5) Has submitted the name and place of business of
23 his or her employer and the date of commencement of the
24 apprenticeship. An apprentice who changes his or her
25 place of employment shall promptly notify the Board of
26 the name and place of business of the new employer and
27 the date of the change.
28 (6) Has completed the minimum preapprentice
29 training established by the Department in an approved
30 facility before serving the general public.
31 (7) Has successfully completed an examination for
32 apprentices that has been designated or administered by
33 the Department.
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1 (b) An apprentice may take courses or instruction in a
2 school of cosmetology without having to register as a
3 student.
4 (c) Apprentices may perform for the general public only
5 those services for which they have received technical
6 training.
7 (d) Apprentices shall be required to complete at least
8 the minimum number of hours of technical instruction and
9 learn the minimum number of practical operations for each
10 subject that are specified by rule for courses taught in
11 schools approved by the Department.
12 (225 ILCS 410/3A-9 new)
13 Sec. 3A-9. Apprentice registration required. An
14 individual must be registered by the Department before the
15 individual may serve as an apprentice esthetician in a beauty
16 shop in this State. The term "apprentice" shall appear in
17 conspicuous print upon the certificate of registration.
18 The apprentice esthetician may not independently practice
19 esthetics but may, as an apprentice, do any or all acts
20 constituting the practice of esthetics under the immediate
21 personal supervision of a registered esthetician. Only one
22 apprentice shall be employed in any beauty shop.
23 (225 ILCS 410/3A-10 new)
24 Sec. 3A-10. Expiration; apprentice certificate.
25 The registration of an apprentice esthetician shall
26 expire 2 years from the date the certificate of registration
27 was issued, or on the date the apprentice is issued a
28 certificate of registration as an esthetician following
29 examination, or if the apprentice esthetician fails the
30 examination twice, on the date the results of the second
31 examination are issued, whichever occurs first.
32 A person registered as an apprentice shall not work more
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1 than 3 months after completing the required training without
2 applying for and taking the examination for a certificate of
3 registration as an esthetician.
4 (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
5 Sec. 3C-7. Examinations; failure or refusal to take
6 examination. The Department shall authorize examinations of
7 applicants for licenses as nail technicians, apprentice nail
8 technicians, and teachers of nail technology at the times and
9 places as it may determine.
10 The Department shall authorize not less than 4
11 examinations for licenses as nail technologists and nail
12 technology teachers in a calendar year and not less than 2
13 examinations for certificates of registration for apprentice
14 nail technologists in a calendar year.
15 If an applicant neglects, fails without an approved
16 excuse, or refuses to take the next available examination
17 offered for licensure under this Act, the fee paid by the
18 applicant shall be forfeited to the Department and the
19 application denied. If an applicant fails to pass an
20 examination for licensure under this Act within 3 years after
21 filing an application, the application shall be denied.
22 Nevertheless, the applicant may thereafter make a new
23 application for examination, accompanied by the required fee,
24 if he or she meets the requirements in effect at the time of
25 reapplication. If an applicant for licensure as a nail
26 technician or as a nail technology teacher is unsuccessful at
27 3 examinations conducted by the Department, the applicant
28 shall, before taking a subsequent examination, furnish
29 evidence of successfully completing (i) for a nail
30 technician, not less than 60 hours of additional study of
31 nail technology in a licensed school of cosmetology approved
32 to teach nail technology or nail technology and (ii) for a
33 nail technology teacher, not less than 80 hours of additional
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1 study in teaching methodology and educational psychology in
2 an approved school of cosmetology or nail technology since
3 the applicant last took the examination.
4 An applicant who fails the fourth examination shall not
5 again be admitted to an examination unless: (i) in the case
6 of an applicant for a license as a nail technician, the
7 applicant again takes and completes a total of 350 hours in
8 the study of nail technology in an approved school of
9 cosmetology or nail technology extending over a period that
10 commences after the applicant fails to pass the fourth
11 examination and that is not less than 8 weeks nor more than 2
12 consecutive years in duration; or (ii) in the case of an
13 applicant for licensure as a nail technology teacher, the
14 applicant again takes and completes a total of 625 hours of
15 teacher training in an approved school of cosmetology, or
16 nail technology, except that if the applicant had 2 years of
17 practical experience as a licensed nail technician within 5
18 years preceding the initial examination taken by the
19 applicant, the applicant must again take and complete 500
20 hours of teacher training in a licensed school of cosmetology
21 approved to teach nail technology, or nail technology.
22 Each applicant for licensure as a nail technician or
23 apprentice nail technician shall be given a written
24 examination testing both theoretical and practical knowledge
25 which shall include, but not be limited to, questions that
26 determine the applicant's knowledge of product chemistry,
27 sanitary rules and regulations, sanitary procedures,
28 hazardous chemicals and exposure minimization, this Act, and
29 labor and compensation laws.
30 The examination for licensure as a nail technology
31 teacher shall include knowledge of the subject matter,
32 teaching methodology, classroom management, record keeping,
33 and any other subjects that the Department in its discretion
34 may deem necessary to insure competent performance.
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1 This Act does not prohibit the practice of nail
2 technology by a person who has applied in writing to the
3 Department, in form and substance satisfactory to the
4 Department, for a license as a nail technician or an
5 apprentice nail technician, or the teaching of nail
6 technology by one who has applied in writing to the
7 Department, in form and substance satisfactory to the
8 Department, for a license as a nail technology teacher, if
9 the person has complied with all the provisions of this Act
10 in order to qualify for a license, except the passing of an
11 examination to be eligible to receive a license, until: (a)
12 the expiration of 6 months after the filing of the written
13 application, or (b) the decision of the Department that the
14 applicant has failed to pass an examination within 6 months
15 or failed without an approved excuse to take an examination
16 conducted within 6 months by the Department, or (c) the
17 withdrawal of the application.
18 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
19 (225 ILCS 410/3C-10 new)
20 Sec. 3C-10. Qualifications; apprentice registration;
21 authorized services for general public.
22 (a) The Department may register as an apprentice nail
23 technician any person who has made an application to the
24 Department upon the proper form, has paid the required fee,
25 and who is qualified as follows:
26 (1) Is over 16 years of age.
27 (2) Has completed the 10th grade in the public
28 schools of this State or its equivalent.
29 (3) Is of good moral character.
30 (4) Has submitted acceptable evidence that the
31 apprentice's training will be conducted in an
32 establishment and under the supervision of a registered
33 nail technician approved by the Department.
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1 (5) Has submitted the name and place of business of
2 his or her employer and the date of commencement of the
3 apprenticeship. An apprentice who changes his or her
4 place of employment shall promptly notify the Board of
5 the name and place of business of the new employer and
6 the date of the change.
7 (6) Has completed the minimum preapprentice
8 training established by the Department in an approved
9 facility before serving the general public.
10 (7) Has successfully completed an examination for
11 apprentices that has been designated or administrated by
12 the Department.
13 (b) An apprentice may take courses or instruction in a
14 school of cosmetology without having to register as a
15 student.
16 (c) Apprentices may perform for the general public only
17 those services for which they have received technical
18 training.
19 (d) Apprentices shall be required to complete at least
20 the minimum number of hours of technical instruction and
21 learn the minimum number of practical operations for each
22 subject that are specified by rule for courses taught in
23 schools approved by the Department.
24 (225 ILCS 410/3C-11 new)
25 Sec. 3C-11. Apprentice registration required. An
26 individual must be registered by the Department before he or
27 she may serve as an apprentice nail technician in a beauty
28 shop in this State. The term "apprentice" shall appear in
29 conspicuous print upon the certificate of registration.
30 The apprentice nail technician may not independently
31 practice nail technology but may, as an apprentice, do any or
32 all acts constituting the practice of nail technology under
33 the immediate personal supervision of a registered nail
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1 technician. Only one apprentice shall be employed in any
2 licensed beauty shop.
3 (225 ILCS 410/3C-12 new)
4 Sec. 3C-12. Expiration; apprentice certificate.
5 The registration of an apprentice nail technician shall
6 expire 3 years from the date the certificate of registration
7 was issued, or on the date the apprentice nail technician is
8 issued a certificate of registration as a nail technologist
9 following examination, or if the apprentice fails the
10 examination twice, on the date the results of the second
11 examination are issued, whichever occurs first.
12 A person registered as an apprentice nail technician
13 shall not work more than 3 months after completing the
14 required training without applying for and taking the
15 examination for a certificate of registration as a nail
16 technologist.
17 (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
18 Sec. 4-4. Issuance of license. Whenever the provisions
19 of this Act have been complied with, the Department shall
20 issue a license as a cosmetologist, apprentice cosmetologist,
21 esthetician, nail technician, apprentice nail technician, or
22 barber, or apprentice barber or a license as a cosmetology,
23 esthetics, nail technology, or barbering teacher, as the case
24 may be.
25 (Source: P.A. 89-387, eff. 1-1-96.)
26 (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
27 Sec. 4-7. Refusal, suspension and revocation of
28 licenses; causes; disciplinary action.
29 (1) The Department may refuse to issue or renew, and may
30 suspend, revoke, place on probation, reprimand or take any
31 other disciplinary action as the Department may deem proper,
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1 including civil penalties not to exceed $500 for each
2 violation, with regard to any license for any one, or any
3 combination, of the following causes:
4 a. Conviction of any crime under the laws of the
5 United States or any state or territory thereof that is
6 (i) a felony, (ii) a misdemeanor, an essential element of
7 which is dishonesty, or (iii) a crime which is related to
8 the practice of the profession.
9 b. Conviction of any of the violations listed in
10 Section 4-20.
11 c. Material misstatement in furnishing information
12 to the Department.
13 d. Making any misrepresentation for the purpose of
14 obtaining a license or violating any provision of this
15 Act or its rules.
16 e. Aiding or assisting another person in violating
17 any provision of this Act or its rules.
18 f. Failing, within 60 days, to provide information
19 in response to a written request made by the Department.
20 g. Discipline by another state, territory, or
21 country if at least one of the grounds for the discipline
22 is the same as or substantially equivalent to those set
23 forth in this Act.
24 h. Practice in the barber, nail technology,
25 esthetics, or cosmetology profession, or an attempt to
26 practice in those professions, by fraudulent
27 misrepresentation.
28 i. Gross malpractice or gross incompetency.
29 j. Continued practice by a person knowingly having
30 an infectious or contagious disease.
31 k. Solicitation of professional services by using
32 false or misleading advertising.
33 l. A finding by the Department that the licensee,
34 after having his or her license placed on probationary
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1 status, has violated the terms of probation.
2 m. Directly or indirectly giving to or receiving
3 from any person, firm, corporation, partnership or
4 association any fee, commission, rebate, or other form of
5 compensation for any professional services not actually
6 or personally rendered.
7 n. Violating any of the provisions of this Act or
8 rules adopted pursuant to this Act.
9 o. Willfully making or filing false records or
10 reports relating to a licensee's practice, including but
11 not limited to, false records filed with State agencies
12 or departments.
13 p. Habitual or excessive use addiction to alcohol,
14 narcotics, stimulants, or any other chemical agent or
15 drug that results in the inability to practice with
16 reasonable judgment, skill or safety.
17 q. Engaging in dishonorable, unethical or
18 unprofessional conduct of a character likely to deceive,
19 defraud, or harm the public as may be defined by rules of
20 the Department, or violating the rules of professional
21 conduct which may be adopted by the Department.
22 r. Permitting any person to use for any unlawful or
23 fraudulent purpose one's diploma or license or
24 certificate of registration as a cosmetologist,
25 apprentice cosmetologist, nail technician, apprentice
26 nail technician, esthetician, apprentice esthetician, or
27 barber, apprentice barber, or cosmetology, nail
28 technology, esthetics, or barbering teacher or salon or
29 shop.
30 s. Being named as a perpetrator in an indicated
31 report by the Department of Children and Family Services
32 under the Abused and Neglected Child Reporting Act and
33 upon proof by clear and convincing evidence that the
34 licensee has caused a child to be an abused child or
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1 neglected child as defined in the Abused and Neglected
2 Child Reporting Act.
3 (2) In rendering an order, the Director shall take into
4 consideration the facts and circumstances involving the type
5 of acts or omissions in paragraph (1) of this Section
6 including, but not limited to:
7 (a) the extent to which public confidence in the
8 cosmetology, nail technology, esthetics, or barbering
9 profession was, might have been, or may be, injured;
10 (b) the degree of trust and dependence among the
11 involved parties;
12 (c) the character and degree of harm which did
13 result or might have resulted;
14 (d) the intent or mental state of the licensee at
15 the time of the acts or omissions.
16 (3) The Department shall reissue the license or
17 registration upon certification by the Committee that the
18 disciplined licensee or registrant has complied with all of
19 the terms and conditions set forth in the final order or has
20 been sufficiently rehabilitated to warrant the public trust.
21 (4) The Department may refuse to issue or may suspend
22 the license or certificate of registration of any person who
23 fails to file a return, or to pay the tax, penalty or
24 interest shown in a filed return, or to pay any final
25 assessment of tax, penalty or interest, as required by any
26 tax Act administered by the Illinois Department of Revenue,
27 until such time as the requirements of any such tax Act are
28 satisfied.
29 (5) The Department shall deny without hearing any
30 application for a license or renewal of a license under this
31 Act by a person who has defaulted on an educational loan
32 guaranteed by the Illinois Student Assistance Commission;
33 however, the Department may issue or renew a license if the
34 person in default has established a satisfactory repayment
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1 record as determined by the Illinois Student Assistance
2 Commission.
3 (Source: P.A. 89-387, eff. 1-1-96.)
4 (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
5 Sec. 4-20. Violations; penalties. Whoever violates any
6 of the following shall, for the first offense, be guilty of a
7 Class B misdemeanor; for the second offense, shall be guilty
8 of a Class A misdemeanor; and for all subsequent offenses,
9 shall be guilty of a Class 4 felony and be fined not less
10 than $1,000 or more than $5,000.
11 a. The practice of cosmetology, nail technology,
12 esthetics, or barbering, or apprenticeship in any of these
13 professions, or an attempt to practice cosmetology, nail
14 technology, esthetics, or barbering without a license as a
15 cosmetologist, nail technician, esthetician, or barber, or an
16 apprentice in any of these professions, or a cosmetology,
17 nail technology, esthetics, or barbering teacher without a
18 license as a cosmetology, nail technology, esthetics or
19 barbering teacher.
20 b. The obtaining of or an attempt to obtain a license,
21 apprentice registration, or money or any other thing of value
22 by fraudulent misrepresentation.
23 c. Practice in the barber, nail technology, cosmetology
24 or esthetic profession, or an attempt to practice in those
25 professions by fraudulent misrepresentation.
26 d. Wilfully making any false oath or affirmation
27 whenever an oath or affirmation is required by this Act.
28 e. The violation of any of the provisions of this Act.
29 (Source: P.A. 89-387, eff. 1-1-96.)