Illinois General Assembly - Full Text of Public Act 100-0642
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Public Act 100-0642


 

Public Act 0642 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0642
 
HB4883 EnrolledLRB100 17767 XWW 32945 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing Sections 2-7, 3-6, 3A-5, and 3C-7 as follows:
 
    (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    (Section scheduled to be repealed on January 1, 2026)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.)
 
    (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.)
 
    (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.
    (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. 98-911, eff. 1-1-15.)
 
    (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. 98-911, eff. 1-1-15.)

Effective Date: 1/1/2019