HB1424 Engrossed LRB099 06559 HAF 26632 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Regulatory Sunset Act is amended by changing
5		Sections 4.26 and 4.36 as follows:
6		(5 ILCS 80/4.26)
7		Sec. 4.26. Acts repealed on January 1, 2016. The following
8		Acts are repealed on January 1, 2016:
9		The Illinois Athletic Trainers Practice Act.
10		The Illinois Roofing Industry Licensing Act.
11		The Illinois Dental Practice Act.
12		The Collection Agency Act.
13		The Barber, Cosmetology, Esthetics, Hair Braiding, and
14		Nail Technology Act of 1985.
15		The Respiratory Care Practice Act.
16		The Hearing Instrument Consumer Protection Act.
17		The Illinois Physical Therapy Act.
18		The Professional Geologist Licensing Act.
19		(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
20		96-1246, eff. 1-1-11.)
21		(5 ILCS 80/4.36 new)
22		Sec. 4.36. Act repealed on January 1, 2026. The following

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1		Act is repealed on January 1, 2026:
2		The Barber, Cosmetology, Esthetics, Hair Braiding, and
3		Nail Technology Act of 1985.
4		Section 10. The Barber, Cosmetology, Esthetics, Hair
5		Braiding, and Nail Technology Act of 1985 is amended by
6		changing Sections 1-4, 1-6, 1-7, 1-10, 1-11, 2-2, 2-3, 2-4,
7		2-7, 2-9, 3-2, 3-3, 3-4, 3-6, 3-7, 3A-6, 3B-2, 3B-10, 3B-11,
8		3B-12, 3B-13, 3C-8, 3D-5, 3E-5, 4-2, 4-5, 4-7, 4-9, 4-10, 4-13,
9		4-14, 4-15, 4-16, and 4-17 and by adding Sections 1-6.5, 1-12,
10		2-10, 2-11, 3-9, 3-10, 3A-8, 3B-17, 3B-18, 3C-10, 3E-7, 4-18.5,
11		and 4-25 as follows:
12		(225 ILCS 410/1-4)
13		(Section scheduled to be repealed on January 1, 2016)
14		Sec. 1-4. Definitions. In this Act the following words
15		shall have the following meanings:
16		"Address of record" means the designated address recorded
17		by the Department in the applicant's application file or the
18		licensee's license file, as maintained by the Department's
19		licensure maintenance unit.
20		"Board" means the Barber, Cosmetology, Esthetics, Hair
21		Braiding, and Nail Technology Board.
22		"Department" means the Department of Financial and
23		Professional Regulation.
24		"Licensed barber" means an individual licensed by the

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1		Department to practice barbering as defined in this Act and
2		whose license is in good standing.
3		"Licensed cosmetologist" means an individual licensed by
4		the Department to practice cosmetology, nail technology, hair
5		braiding, and esthetics as defined in this Act and whose
6		license is in good standing.
7		"Licensed esthetician" means an individual licensed by the
8		Department to practice esthetics as defined in this Act and
9		whose license is in good standing.
10		"Licensed nail technician" means an any individual
11		licensed by the Department to practice nail technology as
12		defined in this Act and whose license is in good standing.
13		"Licensed barber teacher" means an individual licensed by
14		the Department to practice barbering as defined in this Act and
15		to provide instruction in the theory and practice of barbering
16		to students in an approved barber school.
17		"Licensed cosmetology teacher" means an individual
18		licensed by the Department to practice cosmetology, esthetics,
19		hair braiding, and nail technology as defined in this Act and
20		to provide instruction in the theory and practice of
21		cosmetology, esthetics, hair braiding, and nail technology to
22		students in an approved cosmetology, esthetics, hair braiding,
23		or nail technology school.
24		"Licensed cosmetology clinic teacher" means an individual
25		licensed by the Department to practice cosmetology, esthetics,
26		hair braiding, and nail technology as defined in this Act and

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1		to provide clinical instruction in the practice of cosmetology,
2		esthetics, hair braiding, and nail technology in an approved
3		school of cosmetology, esthetics, hair braiding, or nail
4		technology.
5		"Licensed esthetics teacher" means an individual licensed
6		by the Department to practice esthetics as defined in this Act
7		and to provide instruction in the theory and practice of
8		esthetics to students in an approved cosmetology or esthetics
9		school.
10		"Licensed hair braider" means an any individual licensed by
11		the Department to practice hair braiding as defined in this Act
12		Section 3E-1 and whose license is in good standing.
13		"Licensed hair braiding teacher" means an individual
14		licensed by the Department to practice hair braiding and to
15		provide instruction in the theory and practice of hair braiding
16		to students in an approved cosmetology or hair braiding school.
17		"Licensed nail technology teacher" means an individual
18		licensed by the Department to practice nail technology and to
19		provide instruction in the theory and practice of nail
20		technology to students in an approved nail technology school or
21		cosmetology school.
22		"Enrollment" is the date upon which the student signs an
23		enrollment agreement or student contract.
24		"Enrollment agreement" or "student contract" is any
25		agreement, instrument, or contract however named, which
26		creates or evidences an obligation binding a student to

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1		purchase a course of instruction from a school.
2		"Enrollment time" means the maximum number of hours a
3		student could have attended class, whether or not the student
4		did in fact attend all those hours.
5		"Elapsed enrollment time" means the enrollment time
6		elapsed between the actual starting date and the date of the
7		student's last day of physical attendance in the school.
8		"Mobile shop or salon" means a self-contained facility that
9		may be moved, towed, or transported from one location to
10		another and in which barbering, cosmetology, esthetics, hair
11		braiding, or nail technology is practiced.
12		"Secretary" means the Secretary of the Department of
13		Financial and Professional Regulation.
14		"Threading" means any technique that results in the removal
15		of superfluous hair from the body by twisting thread around
16		unwanted hair and then pulling it from the skin; and may also
17		include the incidental trimming of eyebrow hair.
18		(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;
19		98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
20		(225 ILCS 410/1-6) (from Ch. 111, par. 1701-6)
21		(Section scheduled to be repealed on January 1, 2016)
22		Sec. 1-6. Administrative Procedure Act. The Illinois
23		Administrative Procedure Act is hereby expressly adopted and
24		incorporated herein as if all of the provisions of that Act
25		were included in this Act, except that the provision of

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1		subsection (d) of Section 10-65 of the Illinois Administrative
2		Procedure Act that provides that at hearings the licensee has
3		the right to show compliance with all lawful requirements for
4		retention, continuation or renewal of the license is
5		specifically excluded. For the purpose of this Act the notice
6		required under Section 10-25 of the Administrative Procedure
7		Act is deemed sufficient when mailed to the address of record,
8		or, if not an applicant or licensee, to the last known address
9		of a party.
10		(Source: P.A. 88-45.)
11		(225 ILCS 410/1-6.5 new)
12		Sec. 1-6.5. Address of record. It is the duty of the
13		applicant or licensee to inform the Department of any change of
14		address within 14 days after such change either through the
15		Department's website or by contacting the Department's
16		licensure maintenance unit.
17		(225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
18		(Section scheduled to be repealed on January 1, 2016)
19		Sec. 1-7. Licensure required; renewal; restoration.
20		(a) It is unlawful for any person to practice, or to hold
21		himself or herself out to be a cosmetologist, esthetician, nail
22		technician, hair braider, or barber without a license as a
23		cosmetologist, esthetician, nail technician, hair braider or
24		barber issued by the Department of Financial and Professional

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1		Regulation pursuant to the provisions of this Act and of the
2		Civil Administrative Code of Illinois. It is also unlawful for
3		any person, firm, partnership, limited liability company, or
4		corporation to own, operate, or conduct a cosmetology,
5		esthetics, nail technology, hair braiding salon, or barber
6		school without a license issued by the Department or to own or
7		operate a cosmetology, esthetics, nail technology, or hair
8		braiding salon, or barber shop, or other business subject to
9		the registration requirements of this Act without a certificate
10		of registration issued by the Department. It is further
11		unlawful for any person to teach in any cosmetology, esthetics,
12		nail technology, hair braiding, or barber college or school
13		approved by the Department or hold himself or herself out as a
14		cosmetology, esthetics, hair braiding, nail technology, or
15		barber teacher without a license as a teacher, issued by the
16		Department or as a cosmetology clinic teacher without a license
17		as a cosmetology clinic teacher issued by the Department.
18		(b) Notwithstanding any other provision of this Act, a
19		person licensed as a cosmetologist may hold himself or herself
20		out as an esthetician and may engage in the practice of
21		esthetics, as defined in this Act, without being licensed as an
22		esthetician. A person licensed as a cosmetology teacher may
23		teach esthetics or hold himself or herself out as an esthetics
24		teacher without being licensed as an esthetics teacher. A
25		person licensed as a cosmetologist may hold himself or herself
26		out as a nail technician and may engage in the practice of nail

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1		technology, as defined in this Act, without being licensed as a
2		nail technician. A person licensed as a cosmetology teacher may
3		teach nail technology and hold himself or herself out as a nail
4		technology teacher without being licensed as a nail technology
5		teacher. A person licensed as a cosmetologist may hold himself
6		or herself out as a hair braider and may engage in the practice
7		of hair braiding, as defined in this Act, without being
8		licensed as a hair braider. A person licensed as a cosmetology
9		teacher may teach hair braiding and hold himself or herself out
10		as a hair braiding teacher without being licensed as a hair
11		braiding teacher.
12		(c) A person licensed as a barber teacher may hold himself
13		or herself out as a barber and may practice barbering without a
14		license as a barber. A person licensed as a cosmetology teacher
15		may hold himself or herself out as a cosmetologist,
16		esthetician, hair braider, and nail technologist and may
17		practice cosmetology, esthetics, hair braiding, and nail
18		technology without a license as a cosmetologist, esthetician,
19		hair braider, or nail technologist. A person licensed as an
20		esthetics teacher may hold himself or herself out as an
21		esthetician without being licensed as an esthetician and may
22		practice esthetics. A person licensed as a nail technician
23		teacher may practice nail technology and may hold himself or
24		herself out as a nail technologist without being licensed as a
25		nail technologist. A person licensed as a hair braiding teacher
26		may practice hair braiding and may hold himself or herself out

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1		as a hair braider without being licensed as a hair braider.
2		(d) The holder of a license issued under this Act may renew
3		that license during the month preceding the expiration date of
4		the license by paying the required fee.
5		(e) The expiration date, renewal period, and conditions for
6		renewal and restoration of each license shall be established by
7		rule.
8		(f) A license issued under the provisions of this Act as a
9		barber, barber teacher, cosmetologist, cosmetology teacher,
10		cosmetology clinic teacher, esthetician, esthetics teacher,
11		nail technician, nail technician teacher, hair braider, or hair
12		braiding teacher that has expired while the holder of the
13		license was engaged (1) in federal service on active duty with
14		the Army, Navy, Marine Corps, Air Force, or Coast Guard of the
15		United States of America, or any Women's Auxiliary thereof, or
16		the State Militia called into the service or training of the
17		United States of America or (2) in training or education under
18		the supervision of the United States preliminary to induction
19		into the military service, may be reinstated or restored
20		without payment of any lapsed renewal fees, reinstatement fee,
21		or restoration fee if within 2 years after the termination of
22		such service, training, or education other than by dishonorable
23		discharge, the holder furnishes the Department with an
24		affidavit to the effect that he or she has been so engaged and
25		that his or her service, training, or education has been so
26		terminated.

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1		(Source: P.A. 98-911, eff. 1-1-15.)
2		(225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 1-10. Display. Every holder of a license shall display
5		it in a place in the holder's principal office, place of
6		business or place of employment. Whenever a licensed
7		cosmetologist, esthetician, nail technician, hair braider, or
8		barber practices cosmetology, esthetics, nail technology, hair
9		braiding, or barbering outside of or away from the
10		cosmetologist's, esthetician's, nail technician's, hair
11		braider's, or barber's principal office, place of business, or
12		place of employment, the cosmetologist, esthetician, nail
13		technician, hair braider, or barber shall provide any person so
14		requesting proof that he or she has a valid license issued
15		deliver to each person served a certificate of identification
16		in a form specified by the Department.
17		Every registered shop shall display its certificate of
18		registration at the location of the shop. Each shop where
19		barber, cosmetology, esthetics, hair braiding, or nail
20		technology services are provided shall have a certificate of
21		registration.
22		(Source: P.A. 96-1246, eff. 1-1-11.)
23		(225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
24		(Section scheduled to be repealed on January 1, 2016)

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1		Sec. 1-11. Exceptions to Act.
2		(a) Nothing in this Act shall be construed to apply to the
3		educational activities conducted in connection with any
4		monthly, annual or other special educational program of any
5		bona fide association of licensed cosmetologists,
6		estheticians, nail technicians, hair braiders, or barbers, or
7		licensed cosmetology, esthetics, nail technology, hair
8		braiding, or barber schools from which the general public is
9		excluded.
10		(b) Nothing in this Act shall be construed to apply to the
11		activities and services of registered nurses or licensed
12		practical nurses, as defined in the Nurse Practice Act, or to
13		personal care or health care services provided by individuals
14		in the performance of their duties as employed or authorized by
15		facilities or programs licensed or certified by State agencies.
16		As used in this subsection (b), "personal care" means
17		assistance with meals, dressing, movement, bathing, or other
18		personal needs or maintenance or general supervision and
19		oversight of the physical and mental well-being of an
20		individual who is incapable of maintaining a private,
21		independent residence or who is incapable of managing his or
22		her person whether or not a guardian has been appointed for
23		that individual. The definition of "personal care" as used in
24		this subsection (b) shall not otherwise be construed to negate
25		the requirements of this Act or its rules.
26		(c) Nothing in this Act shall be deemed to require

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1		licensure of individuals employed by the motion picture, film,
2		television, stage play or related industry for the purpose of
3		providing cosmetology or esthetics services to actors of that
4		industry while engaged in the practice of cosmetology or
5		esthetics as a part of that person's employment.
6		(d) Nothing in this Act shall be deemed to require
7		licensure of an inmate of the Department of Corrections who
8		performs barbering or cosmetology with the approval of the
9		Department of Corrections during the person's incarceration.
10		(Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
11		(225 ILCS 410/1-12 new)
12		Sec. 1-12. Licensure by endorsement. The Department may,
13		without examination, grant a license under this Act to an
14		applicant who is licensed or registered for or authorized to
15		practice the same profession under the laws of another state or
16		jurisdiction of the United States or of a foreign country upon
17		filing of an application on forms provided by the Department,
18		paying the required fee, and meeting such requirements as are
19		established by rule. The Department may prescribe rules
20		governing recognition of education and legal practice in
21		another jurisdiction, requiring additional education, and
22		determining when an examination may be required.
23		(225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)
24		(Section scheduled to be repealed on January 1, 2016)

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1		Sec. 2-2. Licensure as a barber; qualifications. A person
2		is qualified to receive a license as a barber if that person
3		has applied in writing on forms prescribed by the Department,
4		has paid the required fees, and:
5		a. Is at least 16 years of age; and
6		b. Has a certificate of graduation from a school
7		providing secondary education, or the recognized
8		equivalent of such a certificate, or persons who are beyond
9		the age of compulsory school attendance; and
10		c. Has graduated from a school of barbering or school
11		of cosmetology approved by the Department, having
12		completed a total of 1500 hours in the study of barbering
13		extending over a period of not less than 9 months nor more
14		than 3 years. A school of barbering may, at its discretion,
15		consistent with the rules of the Department, accept up to
16		1,000 500 hours of cosmetology school training at a
17		recognized cosmetology school toward the 1500 hour course
18		requirement of barbering. Time spent in such study under
19		the laws of another state or territory of the United States
20		or of a foreign country or province shall be credited
21		toward the period of study required by the provisions of
22		this paragraph; and
23		d. Has passed an examination caused to be conducted by
24		the Department or its designated testing service to
25		determine fitness to receive a license as a barber; and
26		e. Has met all other requirements of this Act.

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1		(Source: P.A. 97-777, eff. 7-13-12.)
2		(225 ILCS 410/2-3) (from Ch. 111, par. 1702-3)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 2-3. Licensure as a barber by a cosmetology school
5		graduate. A person is qualified to receive a license as a
6		barber if that person has applied in writing on forms provided
7		by the Department, paid the required fees, and:
8		a. Is at least 16 years of age; and
9		b. Has a certificate of graduation from a school providing
10		secondary education, or the recognized equivalent of such a
11		certificate, or persons who are beyond the age of compulsory
12		school attendance; and
13		c. Has graduated from a cosmetology school approved by the
14		Department having completed a minimum of 1500 hours in the
15		study of cosmetology; and
16		d. Has graduated from a school of barbering or cosmetology
17		approved by the Department having completed a minimum of 100
18		1000 additional hours in the study of barbering extending over
19		a period of no less than 6 months nor more than 2 years. Time
20		spent in such study under the laws of another state or
21		territory of the United States or of a foreign country or
22		province shall be credited toward the period of study required
23		by the provisions of this paragraph; and
24		e. Has passed an examination caused to be conducted by the
25		Department, or its designated testing service, to determine

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1		fitness to receive a license as a barber; and
2		f. Has met any other requirements set forth in this Act.
3		(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
4		(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
5		(Section scheduled to be repealed on January 1, 2016)
6		Sec. 2-4. Licensure as a barber teacher; qualifications. A
7		person is qualified to receive a license as a barber teacher if
8		that person files an application on forms provided by the
9		Department, pays the required fee, and:
10		a. Is at least 18 years of age;
11		b. Has graduated from high school or its equivalent;
12		c. Has a current license as a barber or cosmetologist;
13		d. Has graduated from a barber school or school of
14		cosmetology approved by the Department having:
15		(1) completed a total of 500 hours in barber
16		teacher training extending over a period of not less
17		than 3 months nor more than 2 years and has had 3 years
18		of practical experience as a licensed barber;
19		(2) completed a total of 1,000 hours of barber
20		teacher training extending over a period of not less
21		than 6 months nor more than 2 years; or
22		(3) completed the cosmetology teacher training as
23		specified in paragraph (4) of subsection (a) of Section
24		3-4 of this Act and completed a supplemental barbering
25		course as established by rule; and

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1		e. Has passed an examination authorized by the
2		Department to determine fitness to receive a license as a
3		barber teacher or a cosmetology teacher; and
4		f. Has met any other requirements set forth in this
5		Act.
6		An applicant who is issued a license as a barber teacher
7		Barber Teacher is not required to maintain a barber license in
8		order to practice barbering as defined in this Act.
9		(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15;
10		revised 11-25-14.)
11		(225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)
12		(Section scheduled to be repealed on January 1, 2016)
13		Sec. 2-7. Examination of applicants. The Department shall
14		hold examinations of applicants for licensure as barbers and
15		teachers of barbering at such times and places as it may
16		determine. Upon request, the examinations shall be
17		administered in Spanish.
18		Each applicant shall be given a written examination testing
19		both theoretical and practical knowledge of the following
20		subjects insofar as they are related and applicable to the
21		practice of barber science and art: (1) anatomy, (2)
22		physiology, (3) skin diseases, (4) hygiene and sanitation, (5)
23		barber history, (6) this Act and the rules for the
24		administration of this Act barber law, (7) hair cutting and
25		styling, (8) shaving, shampooing, and permanent waving, (9)

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1		massaging, (10) bleaching, tinting, and coloring, and (11)
2		implements.
3		The examination of applicants for licensure as a barber
4		teacher shall include: (a) practice of barbering and styling,
5		(b) theory of barbering, (c) methods of teaching, and (d)
6		school management.
7		If an applicant for licensure as a barber fails to pass 3
8		examinations conducted by the Department, the applicant shall,
9		before taking a subsequent examination, furnish evidence of not
10		less than 250 hours of additional study of barbering in an
11		approved school of barbering or cosmetology since the applicant
12		last took the examination. If an applicant for licensure as a
13		barber teacher fails to pass 3 examinations conducted by the
14		Department, the applicant shall, before taking a subsequent
15		examination, furnish evidence of not less than 80 hours of
16		additional study in teaching methodology and educational
17		psychology in an approved school of barbering or cosmetology
18		since the applicant last took the examination. An applicant who
19		fails to pass the fourth examination shall not again be
20		admitted to an examination unless: (i) in the case of an
21		applicant for licensure as a barber, the applicant again takes
22		and completes a program of 1,500 hours in the study of
23		barbering in an approved school of barbering or cosmetology
24		extending over a period that commences after the applicant
25		fails to pass the fourth examination and that is not less than
26		8 months nor more than 7 consecutive years in duration; or (ii)

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1		in the case of an applicant for licensure as a barber teacher,
2		the applicant again takes and completes a program of 1,000
3		hours of teacher training in an approved school of barbering or
4		cosmetology, except that if the applicant had 2 years of
5		practical experience as a licensed barber within the 5 years
6		preceding the initial examination taken by the applicant, the
7		applicant must again take and complete a program of 500 hours
8		of teacher training in an approved school of barbering or
9		cosmetology. The requirements for remedial training set forth
10		in this Section may be waived in whole or in part by the
11		Department upon proof to the Department that the applicant has
12		demonstrated competence to again sit for the examination. The
13		Department shall adopt rules establishing standards by which
14		this determination shall be made.
15		This Act does not prohibit the practice as a barber or
16		barber teacher by one who has applied in writing to the
17		Department, in form and substance satisfactory to the
18		Department, for a license and has complied with all the
19		provisions of this Act in order to qualify for a license except
20		the passing of an examination, until: (a) the expiration of 6
21		months after the filing of such written application, or (b) the
22		decision of the Department that the applicant has failed to
23		pass an examination within 6 months or failed without an
24		approved excuse to take an examination conducted within 6
25		months by the Department, or (c) the withdrawal of the
26		application.

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1		(Source: P.A. 94-451, eff. 12-31-05.)
2		(225 ILCS 410/2-9)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 2-9. Certification Degree in barbering at a
5		cosmetology school. A school of cosmetology may offer a
6		certificate degree in barbering, as defined by this Act,
7		provided that the school of cosmetology complies with
8		subsections (c), (d), and (e) of Section 2-2 of this Act;
9		utilizes barber teachers properly licensed under Section 2-4 of
10		this Act; and complies with Sections 2A-7 and 3B-10 of this
11		Act.
12		(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15.)
13		(225 ILCS 410/2-10 new)
14		Sec. 2-10. Licensed cosmetologist seeking license as a
15		barber. A licensed cosmetologist who submits to the Department
16		an application for licensure as a barber must meet all
17		requirements of this Act for licensure as a barber, except that
18		such applicant shall be given credit for hours of instruction
19		completed for his or her cosmetologist license in subjects that
20		are common to both barbering and cosmetology and shall complete
21		an additional 100 hours of instruction in subjects not within
22		the scope of practice of a cosmetologist. The Department shall
23		provide for the implementation of this provision by rule.

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1		(225 ILCS 410/2-11 new)
2		Sec. 2-11. Inactive status. Any barber or barber teacher
3		who notifies the Department in writing on forms prescribed by
4		the Department may elect to place his or her license on
5		inactive status and shall, subject to rules of the Department,
6		be excused from payment of renewal fees until he or she
7		notifies the Department in writing of his or her desire to
8		resume active status. Any barber or barber teacher requesting
9		restoration from inactive status shall be required to pay the
10		current renewal fee and to qualify for the restoration of his
11		or her license, subject to rules of the Department. Any barber
12		or barber teacher whose license is in inactive status shall not
13		practice in the State of Illinois.
14		(225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
15		(Section scheduled to be repealed on January 1, 2016)
16		Sec. 3-2. Licensure; qualifications.
17		(1) A person is qualified to receive a license as a
18		cosmetologist who has filed an application on forms provided by
19		the Department, pays the required fees, and:
20		a. Is at least l6 years of age; and
21		b. Is beyond the age of compulsory school attendance or
22		has received a certificate of graduation from a school
23		providing secondary education, or the recognized
24		equivalent of that certificate; and
25		c. Has graduated from a school of cosmetology approved

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1		by the Department, having completed a program of 1,500 l500
2		hours in the study of cosmetology extending over a period
3		of not less than 8 months nor more than 7 consecutive
4		years. A school of cosmetology may, at its discretion,
5		consistent with the rules of the Department, accept up to
6		1,000 500 hours of barber school training at a recognized
7		barber school toward the 1,500 l500 hour program
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
11		toward the period of study required by the provisions of
12		this paragraph; and
13		d. Has passed an examination authorized by the
14		Department to determine eligibility to receive a license as
15		a cosmetologist; and
16		e. Has met any other requirements of this Act.
17		(2) (Blank).
18		(Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)
19		(225 ILCS 410/3-3) (from Ch. 111, par. 1703-3)
20		(Section scheduled to be repealed on January 1, 2016)
21		Sec. 3-3. Licensure as a cosmetologist by a barber school
22		graduate. A person is qualified to receive a license as a
23		cosmetologist if that person has filed an application on forms
24		provided by the Department, has paid the required fees, and:
25		a. Is at least 16 years of age; and

HB1424 Engrossed - 22 - LRB099 06559 HAF 26632 b
1		b. Has a certificate of graduation from a school providing
2		secondary education, or the recognized equivalent of such a
3		certificate, or is beyond the age of compulsory school
4		attendance; and
5		c. Has graduated from a school of barbering approved by the
6		Department having completed 1500 hours in the study of
7		barbering, and a minimum of 500 1000 additional hours in the
8		study of cosmetology extending over a period of no less than 6
9		months nor more than 2 years. Time spent in such study under
10		the laws of another state or territory of the United States or
11		of a foreign country or province shall be credited toward the
12		period of study required by the provisions of this paragraph;
13		and
14		d. Has passed an examination authorized by the Department
15		to determine fitness to receive a license as a cosmetologist;
16		and
17		e. Has met any other requirements of this Act.
18		(Source: P.A. 89-387, eff. 1-1-96.)
19		(225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
20		(Section scheduled to be repealed on January 1, 2016)
21		Sec. 3-4. Licensure as cosmetology teacher or cosmetology
22		clinic teacher; qualifications.
23		(a) A person is qualified to receive license as a
24		cosmetology teacher if that person has applied in writing on
25		forms provided by the Department, has paid the required fees,

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1		and:
2		(1) is at least 18 years of age;
3		(2) has graduated from high school or its equivalent;
4		(3) has a current license as a cosmetologist;
5		(4) has either: (i) completed a program of 500 hours of
6		teacher training in a licensed school of cosmetology and
7		had 2 years of practical experience as a licensed
8		cosmetologist within 5 years preceding the examination; or
9		(ii) completed a program of 1,000 hours of teacher training
10		in a licensed school of cosmetology; or (iii) completed the
11		barber teacher training as specified in subsection (d) of
12		Section 2-4 of this Act and completed a supplemental
13		cosmetology course as established by rule;
14		(5) has passed an examination authorized by the
15		Department to determine eligibility to receive a license as
16		a cosmetology teacher or barber teacher; and
17		(6) has met any other requirements of this Act.
18		An individual who receives a license as a cosmetology
19		teacher shall not be required to maintain an active cosmetology
20		license in order to practice cosmetology as defined in this
21		Act.
22		(b) A person is qualified to receive a license as a
23		cosmetology clinic teacher if he or she has applied in writing
24		on forms provided by the Department, has paid the required
25		fees, and:
26		(1) is at least 18 years of age;

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1		(2) has graduated from high school or its equivalent;
2		(3) has a current license as a cosmetologist;
3		(4) has (i) completed a program of 250 hours of clinic
4		teacher training in a licensed school of cosmetology or
5		(ii) within 5 years preceding the examination, has obtained
6		a minimum of 2 years of practical experience working at
7		least 30 full-time hours per week as a licensed
8		cosmetologist and has completed an instructor's institute
9		of 20 hours, as prescribed by the Department, prior to
10		submitting an application for examination;
11		(5) has passed an examination authorized by the
12		Department to determine eligibility to receive a license as
13		a cosmetology teacher; and
14		(6) has met any other requirements of this Act.
15		The Department shall not issue any new cosmetology clinic
16		teacher licenses after January 1, 2009. Any person issued a
17		license as a cosmetology clinic teacher before January 1, 2009,
18		may renew the license after that date under this Act and that
19		person may continue to renew the license or have the license
20		restored during his or her lifetime, subject only to the
21		renewal or restoration requirements for the license under this
22		Act; however, such licensee and license shall remain subject to
23		the provisions of this Act, including, but not limited to,
24		provisions concerning renewal, restoration, fees, continuing
25		education, discipline, administration, and enforcement.
26		(Source: P.A. 94-451, eff. 12-31-05.)

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1		(225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 3-6. Examination. The Department shall authorize
4		examinations of applicants for licensure as cosmetologists and
5		teachers of cosmetology at the times and places it may
6		determine. The Department may provide by rule for the
7		administration of the examination prior to the completion of
8		the applicant's program of training as required in Section 3-2,
9		3-3, or 3-4. If an applicant for licensure as a cosmetologist
10		fails to pass 3 examinations conducted by the Department, the
11		applicant shall, before taking a subsequent examination,
12		furnish evidence of not less than 250 hours of additional study
13		of cosmetology in an approved school of cosmetology since the
14		applicant last took the examination. If an applicant for
15		licensure as a cosmetology teacher fails to pass 3 examinations
16		conducted by the Department, the applicant shall, before taking
17		a subsequent examination, furnish evidence of not less than 80
18		hours of additional study in teaching methodology and
19		educational psychology in an approved school of cosmetology
20		since the applicant last took the examination. An applicant who
21		fails to pass the fourth examination shall not again be
22		admitted to an examination unless: (i) in the case of an
23		applicant for licensure as a cosmetologist, the applicant again
24		takes and completes a program of 1500 hours in the study of
25		cosmetology in an approved school of cosmetology extending over

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1		a period that commences after the applicant fails to pass the
2		fourth examination and that is not less than 8 months nor more
3		than 7 consecutive years in duration; (ii) in the case of an
4		applicant for licensure as a cosmetology teacher, the applicant
5		again takes and completes a program of 1000 hours of teacher
6		training in an approved school of cosmetology, except that if
7		the applicant had 2 years of practical experience as a licensed
8		cosmetologist within the 5 years preceding the initial
9		examination taken by the applicant, the applicant must again
10		take and complete a program of 500 hours of teacher training in
11		an approved school of cosmetology, esthetics, or nail
12		technology; or (iii) in the case of an applicant for licensure
13		as a cosmetology clinic teacher, the applicant again takes and
14		completes a program of 250 hours of clinic teacher training in
15		a licensed school of cosmetology or an instructor's institute
16		of 20 hours. The requirements for remedial training set forth
17		in this Section may be waived in whole or in part by the
18		Department upon proof to the Department that the applicant has
19		demonstrated competence to again sit for the examination. The
20		Department shall adopt rules establishing the standards by
21		which this determination shall be made. Each cosmetology
22		applicant shall be given a written examination testing both
23		theoretical and practical knowledge, which shall include, but
24		not be limited to, questions that determine the applicant's
25		knowledge of product chemistry, sanitary rules, sanitary
26		procedures, chemical service procedures, hazardous chemicals

HB1424 Engrossed - 27 - LRB099 06559 HAF 26632 b
1		and exposure minimization, knowledge of the anatomy of the
2		skin, scalp, hair, and nails as they relate to applicable
3		services under this Act and labor and compensation laws.
4		The examination of applicants for licensure as a
5		cosmetology, esthetics, or nail technology teacher may include
6		all of the elements of the exam for licensure as a
7		cosmetologist, esthetician, or nail technician and also
8		include teaching methodology, classroom management, record
9		keeping, and any other related subjects that the Department in
10		its discretion may deem necessary to insure competent
11		performance.
12		This Act does not prohibit the practice of cosmetology by
13		one who has applied in writing to the Department, in form and
14		substance satisfactory to the Department, for a license as a
15		cosmetologist, or the teaching of cosmetology by one who has
16		applied in writing to the Department, in form and substance
17		satisfactory to the Department, for a license as a cosmetology
18		teacher or cosmetology clinic teacher, if the person has
19		complied with all the provisions of this Act in order to
20		qualify for a license, except the passing of an examination to
21		be eligible to receive a license, until: (a) the expiration of
22		6 months after the filing of the written application, (b) the
23		decision of the Department that the applicant has failed to
24		pass an examination within 6 months or failed without an
25		approved excuse to take an examination conducted within 6
26		months by the Department, or (c) the withdrawal of the

HB1424 Engrossed - 28 - LRB099 06559 HAF 26632 b
1		application.
2		(Source: P.A. 94-451, eff. 12-31-05.)
3		(225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
4		(Section scheduled to be repealed on January 1, 2016)
5		Sec. 3-7. Licensure; renewal; continuing education;
6		military service. The holder of a license issued under this
7		Article III may renew that license during the month preceding
8		the expiration date thereof by paying the required fee, giving
9		such evidence as the Department may prescribe of completing not
10		less than 14 hours of continuing education for a cosmetologist,
11		and 24 hours of continuing education for a cosmetology teacher
12		or cosmetology clinic teacher, within the 2 years prior to
13		renewal. The training shall be in subjects approved by the
14		Department as prescribed by rule upon recommendation of the
15		Board and may include online instruction.
16		A license that has been expired for more than 5 years may
17		be restored by payment of the restoration fee and submitting
18		evidence satisfactory to the Department of the current
19		qualifications and fitness of the licensee, which shall include
20		completion of continuing education hours for the period
21		subsequent to expiration.
22		The Department shall establish by rule a means for the
23		verification of completion of the continuing education
24		required by this Section. This verification may be accomplished
25		through audits of records maintained by registrants, by

HB1424 Engrossed - 29 - LRB099 06559 HAF 26632 b
1		requiring the filing of continuing education certificates with
2		the Department, or by other means established by the
3		Department.
4		A license issued under the provisions of this Act that has
5		expired while the holder of the license was engaged (1) in
6		federal service on active duty with the Army of the United
7		States, the United States Navy, the Marine Corps, the Air
8		Force, the Coast Guard, or any Women's Auxiliary thereof, or
9		the State Militia called into the service or training of the
10		United States of America, or (2) in training or education under
11		the supervision of the United States preliminary to induction
12		into the military service, may be reinstated or restored
13		without the payment of any lapsed renewal fees, reinstatement
14		fee, or restoration fee if within 2 years after the termination
15		of such service, training, or education other than by
16		dishonorable discharge, the holder furnishes the Department
17		with an affidavit to the effect that he or she has been so
18		engaged and that his or her service, training, or education has
19		been so terminated.
20		The Department, in its discretion, may waive enforcement of
21		the continuing education requirement in this Section and shall
22		adopt rules defining the standards and criteria for that waiver
23		under the following circumstances:
24		(a) the licensee resides in a locality where it is
25		demonstrated that the absence of opportunities for such
26		education would interfere with the ability of the licensee

HB1424 Engrossed - 30 - LRB099 06559 HAF 26632 b
1		to provide service to the public;
2		(b) that to comply with the continuing education
3		requirements would cause a substantial financial hardship
4		on the licensee;
5		(c) that the licensee is serving in the United States
6		Armed Forces; or
7		(d) that the licensee is incapacitated due to illness.
8		The continuing education requirements of this Section do
9		not apply to a licensee who (i) is at least 62 years of age or
10		(ii) has been licensed as a cosmetologist, cosmetology teacher,
11		or cosmetology clinic teacher for at least 25 years.
12		(Source: P.A. 98-911, eff. 1-1-15.)
13		(225 ILCS 410/3-9 new)
14		Sec. 3-9. Licensed barber seeking license as
15		cosmetologist. A licensed barber who submits to the Department
16		an application for licensure as a cosmetologist must meet all
17		requirements of this Act for licensure as a cosmetologist,
18		except that such applicant shall be given credit for hours of
19		instruction completed for his or her barber license in subjects
20		that are common to both barbering and cosmetology and shall
21		complete an additional 500 hours of instruction in subjects not
22		within the scope of practice of a barber. The Department shall
23		provide for the implementation of this provision by rule.
24		(225 ILCS 410/3-10 new)

HB1424 Engrossed - 31 - LRB099 06559 HAF 26632 b
1		Sec. 3-10. Licensed esthetician or licensed nail
2		technician seeking license as a cosmetologist. A licensed
3		esthetician or licensed nail technician who submits to the
4		Department an application for licensure as a cosmetologist must
5		meet all requirements of this Act for licensure as a
6		cosmetologist except that such applicant shall be given credit
7		for hours of instruction completed for his or her esthetician
8		or nail technician license in subjects that are common to both
9		esthetics or nail technology and cosmetology. The Department
10		shall provide for the implementation of this provision by rule.
11		(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
12		(Section scheduled to be repealed on January 1, 2016)
13		Sec. 3A-6. Licensure; renewal; continuing education;
14		examination; military service. The holder of a license issued
15		under this Article may renew such license during the month
16		preceding the expiration date thereof by paying the required
17		fee, giving evidence the Department may prescribe of completing
18		not less than 10 hours for estheticians, and not less than 20
19		hours of continuing education for esthetics teachers, within
20		the 2 years prior to renewal. The training shall be in
21		subjects, approved by the Department as prescribed by rule upon
22		recommendation of the Board.
23		A license that has expired or been placed on inactive
24		status may be restored only by payment of the restoration fee
25		and submitting evidence satisfactory to the Department of the

HB1424 Engrossed - 32 - LRB099 06559 HAF 26632 b
1		current qualifications and fitness of the licensee including
2		the completion of continuing education hours for the period
3		following expiration.
4		A license issued under the provisions of this Act that has
5		expired while the holder of the license was engaged (1) in
6		federal service on active duty with the Army of the United
7		States, the United States Navy, the Marine Corps, the Air
8		Force, the Coast Guard, or any Women's Auxiliary thereof, or
9		the State Militia called into the service or training of the
10		United States of America, or (2) in training or education under
11		the supervision of the United States preliminary to induction
12		into the military service, may be reinstated or restored
13		without the payment of any lapsed renewal fees, reinstatement
14		fee, or restoration fee if within 2 years after the termination
15		of such service, training, or education other than by
16		dishonorable discharge, the holder furnishes the Department
17		with an affidavit to the effect that he or she has been so
18		engaged and that his or her service, training, or education has
19		been so terminated.
20		The Department, in its discretion, may waive enforcement of
21		the continuing education requirement in this Section, and shall
22		adopt rules defining the standards and criteria for such
23		waiver, under the following circumstances:
24		(1) the licensee resides in a locality where it is
25		demonstrated that the absence of opportunities for such
26		education would interfere with the ability of the licensee

HB1424 Engrossed - 33 - LRB099 06559 HAF 26632 b
1		to provide service to the public;
2		(2) the licensee's compliance with the continuing
3		education requirements would cause a substantial financial
4		hardship on the licensee;
5		(3) the licensee is serving in the United States Armed
6		Forces; or
7		(4) the licensee is incapacitated due to illness.
8		(Source: P.A. 98-911, eff. 1-1-15.)
9		(225 ILCS 410/3A-8 new)
10		Sec. 3A-8. Inactive status. Any esthetician or esthetician
11		teacher who notifies the Department in writing on forms
12		prescribed by the Department may elect to place his or her
13		license on inactive status and shall, subject to rules of the
14		Department, be excused from payment of renewal fees until he or
15		she notifies the Department in writing of his or her desire to
16		resume active status.
17		Any esthetician or esthetician teacher requesting
18		restoration from inactive status shall be required to pay the
19		current renewal fee and to qualify for the restoration of his
20		or her license, subject to rules of the Department. A license
21		shall not be restored from inactive status unless the
22		esthetician or esthetician teacher requesting the restoration
23		completes the number of hours of continuing education required
24		for renewal of a license under Section 3A-6.
25		Any esthetician or esthetician teacher whose license is in

HB1424 Engrossed - 34 - LRB099 06559 HAF 26632 b
1		inactive status shall not practice in the State of Illinois.
2		(225 ILCS 410/3B-2) (from Ch. 111, par. 1703B-2)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 3B-2. Investigations by Department upon its own motion
5		or upon verified complaint; opportunity for corrections. The
6		Department may upon its own motion and shall upon the verified
7		complaint in writing of any person setting forth facts which if
8		proved would constitute grounds for refusal or revocation under
9		this Act, investigate the actions of any applicant or any
10		person or persons holding or claiming to hold a license.
11		Any student or employee of a school approved by this Act
12		who believes he has been aggrieved by a violation of this Act
13		shall have the right to file a written complaint within one
14		year of the alleged violation. The Department shall acknowledge
15		receipt of such written complaint, commence an investigation of
16		the alleged violation, and forward to the Attorney General and
17		any appropriate State's Attorney's office copies of complaints
18		as required by Section 3B-3. The Department shall inform
19		forward a copy of the formal complaint and order to the person
20		who filed the complaint and to the chief operating officer of
21		the school cited in the complaint of the nature or substance of
22		the complaint and afford the school an opportunity to either
23		resolve the complaint to the satisfaction of the complainant or
24		submit a written response to the Department.
25		However, before proceeding to a hearing on the question of

HB1424 Engrossed - 35 - LRB099 06559 HAF 26632 b
1		whether a license shall be refused or revoked, the Department
2		may issue a letter granting the school in question 30 days to
3		correct the deficiency or deficiencies. The letter shall
4		enumerate the deficiencies and state the action on the part of
5		the school that will remediate the deficiency or deficiencies.
6		During the time designated to remedy deficiencies the
7		Department may order the school to cease and desist from all
8		marketing and student enrollment activities.
9		(Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96.)
10		(225 ILCS 410/3B-10)
11		(Section scheduled to be repealed on January 1, 2016)
12		Sec. 3B-10. Requisites for ownership or operation of
13		school. No person, firm, or corporation may own, operate, or
14		conduct a school of barbering, cosmetology, esthetics, hair
15		braiding, or nail technology for the purpose of teaching
16		barbering, cosmetology, esthetics, hair braiding, or nail
17		technology for compensation unless licensed by the Department.
18		A licensed school is a postsecondary educational institution
19		authorized by the Department to provide a postsecondary
20		education program in compliance with the requirements of this
21		Act. An applicant shall apply to the Department on forms
22		provided by the Department, pay the required fees, and comply
23		with the following requirements:
24		1. The applicant must submit to the Department for
25		approval:

HB1424 Engrossed - 36 - LRB099 06559 HAF 26632 b
1		a. A floor plan, drawn to a scale specified on the
2		floor plan, showing every detail of the proposed
3		school; and
4		b. A lease commitment or proof of ownership for the
5		location of the proposed school; a lease commitment
6		must provide for execution of the lease upon the
7		Department's approval of the school's application and
8		the lease must be for a period of at least one year.
9		c. (Blank).
10		2. An application to own or operate a school shall
11		include the following:
12		a. If the owner is a corporation, a copy of the
13		Articles of Incorporation or, if the owner is a limited
14		liability company, a copy of the articles of
15		organization;
16		b. If the owner is a partnership, a listing of all
17		partners and their current addresses;
18		c. If the applicant is an owner, a completed
19		financial statement showing the owner's ability to
20		operate the school for at least 3 months;
21		d. A copy of the official enrollment agreement or
22		student contract to be used by the school, which shall
23		be consistent with the requirements of this Act and
24		rules;
25		e. A listing of all teachers who will be in the
26		school's employ, including their teacher license

HB1424 Engrossed - 37 - LRB099 06559 HAF 26632 b
1		numbers;
2		f. A copy of the curricula that will be followed;
3		g. The names, addresses, and current status of all
4		schools in which the applicant has previously owned any
5		interest, and a declaration as to whether any of these
6		schools were ever denied accreditation or licensing or
7		lost accreditation or licensing from any governmental
8		body or accrediting agency;
9		h. Each application for a certificate of approval
10		shall be signed and certified under oath by the
11		school's chief managing employee and also by its
12		individual owner or owners; if the applicant is a
13		partnership or a corporation, then the application
14		shall be signed and certified under oath by the
15		school's chief managing employee and also by each
16		member of the partnership or each officer of the
17		corporation, as the case may be;
18		i. A copy of the school's official transcript; and
19		j. The required fee.
20		3. Each application for a license to operate a school
21		shall also contain the following commitments:
22		a. To conduct the school in accordance with this
23		Act and the standards, and rules from time to time
24		adopted under this Act and to meet standards and
25		requirements at least as stringent as those required by
26		Part H of the Federal Higher Education Act of 1965.

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1		b. To permit the Department to inspect the school
2		or classes thereof from time to time with or without
3		notice; and to make available to the Department, at any
4		time when required to do so, information including
5		financial information pertaining to the activities of
6		the school required for the administration of this Act
7		and the standards and rules adopted under this Act;
8		c. To utilize only advertising and solicitation
9		which is free from misrepresentation, deception,
10		fraud, or other misleading or unfair trade practices;
11		d. To screen applicants to the school prior to
12		enrollment pursuant to the requirements of the
13		school's regional or national accrediting agency, if
14		any, and to maintain any and all records of such
15		screening. If the course of instruction is offered in a
16		language other than English, the screening shall also
17		be performed in that language;
18		e. To post in a conspicuous place a statement,
19		developed by the Department, of student's rights
20		provided under this Act.
21		4. The applicant shall establish to the satisfaction of
22		the Department that the owner possesses sufficient liquid
23		assets to meet the prospective expenses of the school for a
24		period of 3 months. In the discretion of the Department,
25		additional proof of financial ability may be required.
26		5. The applicant shall comply with all rules of the

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1		Department determining the necessary curriculum and
2		equipment required for the conduct of the school.
3		6. The applicant must demonstrate employment of a
4		sufficient number of qualified teachers who are holders of
5		a current license issued by the Department.
6		7. A final inspection of the barber, cosmetology,
7		esthetics, hair braiding, or nail technology school shall
8		be made by the Department before the school may commence
9		classes.
10		8. A written inspection report must be made by the
11		State Fire Marshal or a local fire authority approving the
12		use of the proposed premises as a barber, cosmetology,
13		esthetics, hair braiding, or nail technology school.
14		(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
15		(225 ILCS 410/3B-11)
16		(Section scheduled to be repealed on January 1, 2016)
17		Sec. 3B-11. Periodic review of barber, cosmetology,
18		esthetics, hair braiding, and nail technology schools. The
19		Department shall review at least biennially all All approved
20		schools and courses of instruction are subject to review by the
21		Department. The biennial review shall include consideration of
22		a comparison between the graduation or completion rate for the
23		school and the graduation or completion rate for the schools
24		within that classification of schools. Consideration shall be
25		given to complaints and information forwarded to the Department

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1		by the Federal Trade Commission, Better Business Bureaus, the
2		Illinois Attorney General's Office, a State's Attorney's
3		Office, other State or official approval agencies, local school
4		officials, and interested persons. The Department shall
5		investigate all complaints filed with the Department about a
6		school or its sales representatives.
7		A school shall retain the records, as defined by rule, of a
8		student who withdraws from or drops out of the school, by
9		written notice of cancellation or otherwise, for any period
10		longer than 7 years from the student's first day of attendance.
11		However, a school shall retain indefinitely the transcript of
12		each student who completes the program and graduates from the
13		school.
14		(Source: P.A. 98-911, eff. 1-1-15.)
15		(225 ILCS 410/3B-12)
16		(Section scheduled to be repealed on January 1, 2016)
17		Sec. 3B-12. Enrollment agreements.
18		(a) Enrollment agreements shall be used by barber,
19		cosmetology, esthetics, hair braiding, and nail technology
20		schools licensed to operate by the Department and shall include
21		the following written disclosures:
22		(1) The name and address of the school and the
23		addresses where instruction will be given;
24		(2) The name and description of the course of
25		instruction, including the number of clock hours in each

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1		course and an approximate number of weeks or months
2		required for completion;
3		(3) The scheduled starting date and calculated
4		completion date;
5		(4) The total cost of the course of instruction
6		including any charges made by the school for tuition,
7		books, materials, supplies, and other expenses;
8		(5) A clear and conspicuous statement that the contract
9		is a legally binding instrument when signed by the student
10		and accepted by the school;
11		(6) A clear and conspicuous caption, "BUYER'S RIGHT TO
12		CANCEL" under which it is explained that the student has
13		the right to cancel the initial enrollment agreement until
14		midnight of the fifth business day after the student has
15		been enrolled; and if notice of the right to cancel is not
16		given to any prospective student at the time the enrollment
17		agreement is signed, then the student has the right to
18		cancel the agreement at any time and receive a refund of
19		all monies paid to date within 10 days of cancellation;
20		(7) A notice to the students that the cancellation must
21		be in writing and given to the registered agent, if any, or
22		managing employee of the school;
23		(8) The school's refund policy for unearned tuition,
24		fees, and other charges;
25		(9) The date of the student's signature and the date of
26		the student's admission;

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1		(10) The name of the school employee or agent
2		responsible for procuring, soliciting, or enrolling the
3		student;
4		(11) A clear statement that the institution does not
5		guarantee employment and a statement describing the
6		school's placement assistance procedures;
7		(12) The graduation requirements of the school;
8		(13) The contents of the following notice, in at least
9		10 point bold type:
10		"NOTICE TO THE STUDENT"
11		"Do not sign this contract before you read it or if it
12		contains any blank space. You are entitled to an exact copy
13		of the contract you sign."
14		(14) A statement either in the enrollment agreement or
15		separately provided and acknowledged by the student
16		indicating the number of students who did not complete the
17		course of instruction for which they enrolled for the past
18		calendar year as compared to the number of students who
19		enrolled in school during the school's past calendar year;
20		(15) The following clear and conspicuous caption:
21		"COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
22		DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
23		forth with the address and telephone number of the
24		Department's Complaint Intake Unit Chicago and Springfield
25		offices.
26		(b) If the enrollment is negotiated orally in a language

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1		other than English, then copies of the above disclosures shall
2		be tendered in the language in which the contract was
3		negotiated prior to executing the enrollment agreement.
4		(c) The school shall comply with all applicable
5		requirements of the Retail Installment Sales Act in its
6		enrollment agreement or student contracts.
7		(d) No enrollment agreement or student contract shall
8		contain a wage assignment provision or a confession of judgment
9		clause.
10		(e) Any provision in an enrollment agreement or student
11		contract that purports to waive the student's right to assert
12		against the school, or any assignee, any claim or defense he or
13		she may have against the school arising under the contract
14		shall be void.
15		(f) Two copies of the enrollment agreement shall be signed
16		by the student. One copy shall be given to the student and the
17		school shall retain the other copy as part of the student's
18		permanent record.
19		(Source: P.A. 98-911, eff. 1-1-15.)
20		(225 ILCS 410/3B-13)
21		(Section scheduled to be repealed on January 1, 2016)
22		Sec. 3B-13. Rules; refunds. Schools regulated under this
23		Section shall issue refunds based on the following schedule.
24		The refund policy shall provide that:
25		(1) Schools shall, when a student gives written notice

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1		of cancellation, provide a refund in the amount of at least
2		the following:
3		(a) When notice of cancellation is given within 5
4		days after the date of enrollment, all application and
5		registration fees, tuition, and any other charges
6		shall be refunded to the student.
7		(b) When notice of cancellation is given after the
8		fifth day following enrollment but before the
9		completion of the student's first day of class
10		attendance, the school may retain no more than the
11		application and registration fee, plus the cost of any
12		books or materials which have been provided by the
13		school and retained by the student.
14		(c) When notice of cancellation is given after the
15		student's completion of the first day of class
16		attendance but prior to the student's completion of 5%
17		of the course of instruction, the school may retain the
18		application and registration fee and an amount not to
19		exceed 10% of the tuition and other instructional
20		charges or $300, whichever is less, plus the cost of
21		any books or materials which have been provided by the
22		school.
23		(d) When a student has completed 5% or more of the
24		course of instruction, the school may retain the
25		application and registration fee and the cost of any
26		books or materials which have been provided by the

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1		school but shall refund a part of the tuition and other
2		instructional charges in accordance with the
3		requirements of the school's regional or national
4		accrediting agency, if any, or rules that the
5		Department shall promulgate for purposes of this
6		Section.
7		(2) Applicants not accepted by the school shall receive
8		a refund of all tuition and fees paid.
9		(3) Application and registration fees shall be
10		chargeable at initial enrollment and shall not exceed $100.
11		All fees must be disclosed in the student contract.
12		(4) Deposits or down payments shall become part of the
13		tuition.
14		(5) The school shall mail a written acknowledgement of
15		a student's cancellation or written withdrawal to the
16		student within 15 calendar days of the date of
17		notification. Written acknowledgement is not necessary if
18		a refund has been mailed to the student within the 15
19		calendar days.
20		(6) If the school cancels or discontinues a course, the
21		student shall be entitled to receive from the school such
22		refund or partial refund of the tuition, fees, and other
23		charges paid by the student or on behalf of the student as
24		is provided under rules promulgated by the Department.
25		(7) Except as otherwise provided by this Act, all
26		student refunds shall be made by the school within 45

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1		calendar days after the date of notice of the student's
2		cancellation or the date that the school determines that
3		the student has officially or unofficially withdrawn.
4		(8) A student shall give notice of cancellation to the
5		school in writing. The unexplained absence of a student
6		from a school for more than 30 consecutive calendar days
7		shall constitute constructive notice of cancellation to
8		the school. For purposes of cancellation, the cancellation
9		date shall be the last day of attendance.
10		(9) A school may make refunds which exceed those
11		required by this Section.
12		(10) Each student and former student shall be entitled
13		to receive from the school that the student attends or
14		attended an official transcript of all hours completed by
15		the student at that school for which the applicable
16		tuition, fees, and other charges have been paid, together
17		with the grades earned by the student for those hours,
18		provided that a student who withdraws from or drops out of
19		a school, by written notice of cancellation or otherwise,
20		shall not be entitled to any transcript of completed hours
21		following the expiration of the 7-year period that began on
22		the student's first day of attendance at the school. A
23		reasonable fee, not exceeding $2, may be charged by the
24		school for each transcript after the first free transcript
25		that the school is required to provide to a student or
26		former student under this Section.

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1		(Source: P.A. 95-343, eff. 1-1-08; 96-506, eff. 8-14-09.)
2		(225 ILCS 410/3B-17 new)
3		Sec. 3B-17. Sale of school. Any school licensed under this
4		Act that is subsequently sold to another party shall notify the
5		Department in writing of the sale at least 30 days in advance
6		of the effective date of the transfer of ownership. Upon filing
7		of this notice with the Department, the new owner may continue
8		to operate the school under the previously issued license
9		provided that the new owner submits an application for
10		licensure to the Department in accordance with the requirements
11		of this Act within 30 days after the effective date of the
12		transfer of ownership. The new owner may continue to operate
13		the school under the previous license after submitting such
14		application until the Department issues a new license or denies
15		issuance of a license, whichever occurs first. The Department
16		shall provide for administration of this Section by rule.
17		(225 ILCS 410/3B-18 new)
18		Sec. 3B-18. Internship. A school may offer an internship
19		program as part of its curriculum subject to the rules of the
20		Department.
21		(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
22		(Section scheduled to be repealed on January 1, 2016)
23		Sec. 3C-8. License renewal; expiration; continuing

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1		education; persons in military service. The holder of a license
2		issued under this Article may renew that license during the
3		month preceding the expiration date of the license by paying
4		the required fee and giving evidence, as the Department may
5		prescribe, of completing not less than 10 hours of continuing
6		education for a nail technician and 20 hours of continuing
7		education for a nail technology teacher, within the 2 years
8		prior to renewal. The continuing education shall be in subjects
9		approved by the Department upon recommendation of the Barber,
10		Cosmetology, Esthetics, Hair Braiding, and Nail Technology
11		Board relating to the practice of nail technology, including,
12		but not limited to, review of sanitary procedures, review of
13		chemical service procedures, review of this Act, and review of
14		the Workers' Compensation Act. However, at least 10 of the
15		hours of continuing education required for a nail technology
16		teacher shall be in subjects relating to teaching methodology,
17		educational psychology, and classroom management or in other
18		subjects related to teaching.
19		A license that has been expired or placed on inactive
20		status may be restored only by payment of the restoration fee
21		and submitting evidence satisfactory to the Department of the
22		meeting of current qualifications and fitness of the licensee,
23		including the completion of continuing education hours for the
24		period subsequent to expiration.
25		A license issued under this Article that has expired while
26		the holder of the license was engaged (1) in federal service on

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1		active duty with the Army of the United States, the United
2		States Navy, the Marine Corps, the Air Force, the Coast Guard,
3		or any Women's Auxiliary thereof, or the State Militia called
4		into the service or training of the United States of America,
5		or (2) in training or education under the supervision of the
6		United States preliminary to induction into the military
7		service, may be reinstated or restored without the payment of
8		any lapsed renewal fees, reinstatement fee or restoration fee
9		if, within 2 years after the termination of the service,
10		training, or education other than by dishonorable discharge,
11		the holder furnishes the Department with an affidavit to the
12		effect that the certificate holder has been so engaged and that
13		the service, training, or education has been so terminated.
14		The Department, in its discretion, may waive enforcement of
15		the continuing education requirement in this Section, and shall
16		adopt rules defining the standards and criteria for such
17		waiver, under the following circumstances:
18		(a) the licensee resides in a locality where it is
19		demonstrated that the absence of opportunities for such
20		education would interfere with the ability of the licensee to
21		provide service to the public;
22		(b) the licensee's compliance with the continuing
23		education requirements would cause a substantial financial
24		hardship on the licensee;
25		(c) the licensee is serving in the United States Armed
26		Forces; or

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1		(d) the licensee is incapacitated due to illness.
2		(Source: P.A. 98-911, eff. 1-1-15.)
3		(225 ILCS 410/3C-10 new)
4		Sec. 3C-10. Inactive status. Any nail technician or nail
5		technology teacher who notifies the Department in writing on
6		forms prescribed by the Department may elect to place his or
7		her license on inactive status and shall, subject to rules of
8		the Department, be excused from payment of renewal fees until
9		he or she notifies the Department in writing of his or her
10		desire to resume active status.
11		Any nail technician or nail technology teacher requesting
12		restoration from inactive status shall be required to pay the
13		current renewal fee and to qualify for the restoration of his
14		or her license, subject to rules of the Department. A license
15		shall not be restored from inactive status unless the nail
16		technician or nail technology teacher requesting the
17		restoration completes the number of hours of continuing
18		education required for renewal of a license under Section 3C-8.
19		Any nail technician or nail technology teacher whose
20		license is in inactive status shall not practice in the State
21		of Illinois.
22		(225 ILCS 410/3D-5)
23		(Section scheduled to be repealed on January 1, 2016)
24		Sec. 3D-5. Requisites for ownership or operation of

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1		cosmetology, esthetics, hair braiding, and nail technology
2		salons and barber shops.
3		(a) No person, firm, partnership, limited liability
4		company, or corporation shall own or operate a cosmetology,
5		esthetics, hair braiding, or nail technology salon or barber
6		shop or employ, rent space to, or independently contract with
7		any licensee under this Act without applying on forms provided
8		by the Department for a certificate of registration.
9		(b) The application for a certificate of registration under
10		this Section shall set forth the name, address, and telephone
11		number of the proposed cosmetology, esthetics, hair braiding,
12		or nail technology salon or barber shop; the name, address, and
13		telephone number of the person, firm, partnership, or
14		corporation that is to own or operate the salon or shop; and,
15		if the salon or shop is to be owned or operated by an entity
16		other than an individual, the name, address, and telephone
17		number of the managing partner or the chief executive officer
18		of the corporation or other entity that owns or operates the
19		salon or shop.
20		(c) The Department shall be notified by the owner or
21		operator of a salon or shop that is moved to a new location. If
22		there is a change in the ownership or operation of a salon or
23		shop, the new owner or operator shall report that change to the
24		Department along with completion of any additional
25		requirements set forth by rule.
26		(d) If a person, firm, partnership, limited liability

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1		company, or corporation owns or operates more than one shop or
2		salon, a separate certificate of registration must be obtained
3		for each salon or shop.
4		(e) A certificate of registration granted under this
5		Section may be revoked in accordance with the provisions of
6		Article IV and the holder of the certificate may be otherwise
7		disciplined by the Department in accordance with rules adopted
8		under this Act.
9		(f) The Department may promulgate rules to establish
10		additional requirements for owning or operating a salon or
11		shop.
12		(g) The requirement of a certificate of registration as set
13		forth in this Section shall also apply to any person, firm,
14		partnership, limited liability company, or corporation
15		providing barbering, cosmetology, esthetics, hair braiding, or
16		nail technology services at any location not owned or rented by
17		such person, firm, partnership, limited liability company, or
18		corporation for these purposes or from a mobile shop or salon.
19		Notwithstanding any provision of this Section, applicants for a
20		certificate of registration under this subsection (g) shall
21		report in its application the address and telephone number of
22		its office and shall not be required to report the location
23		where services are or will be rendered. Nothing in this
24		subsection (g) shall apply to a sole proprietor who has no
25		employees or contractors and is not operating a mobile shop or
26		salon.

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1		(Source: P.A. 96-1246, eff. 1-1-11.)
2		(225 ILCS 410/3E-5)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 3E-5. License renewal. To renew a license issued under
5		this Article, an individual must produce proof of successful
6		completion of 10 hours of continuing education for a hair
7		braider license and 20 hours of continuing education for a hair
8		braiding teacher license.
9		A license that has been expired for more than 5 years may
10		be restored by payment of the restoration fee and submitting
11		evidence satisfactory to the Department of the current
12		qualifications and fitness of the licensee, which shall include
13		completion of continuing education hours for the period
14		subsequent to expiration. The Department may establish
15		additional rules for the administration of this Section and
16		other requirements for the renewal of a hair braider or hair
17		braiding teacher license issued under this Act.
18		(Source: P.A. 96-1246, eff. 1-1-11.)
19		(225 ILCS 410/3E-7 new)
20		Sec. 3E-7. Inactive status. Any hair braider or hair
21		braiding teacher who notifies the Department in writing on
22		forms prescribed by the Department may elect to place his or
23		her license on inactive status and shall, subject to rules of
24		the Department, be excused from payment of renewal fees until

HB1424 Engrossed - 54 - LRB099 06559 HAF 26632 b
1		he or she notifies the Department in writing of his or her
2		desire to resume active status.
3		Any hair braider or hair braiding teacher requesting
4		restoration from inactive status shall be required to pay the
5		current renewal fee and to qualify for the restoration of his
6		or her license, subject to rules of the Department. A license
7		shall not be restored from inactive status unless the hair
8		braider or hair braiding teacher requesting the restoration
9		completes the number of hours of continuing education required
10		for renewal of a license under Section 3E-5.
11		Any hair braider or hair braiding teacher whose license is
12		in inactive status shall not practice in the State of Illinois.
13		(225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
14		(Section scheduled to be repealed on January 1, 2016)
15		Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair
16		Braiding, and Nail Technology Board. There is established
17		within the Department the Barber, Cosmetology, Esthetics, Hair
18		Braiding, and Nail Technology Board, composed of 11 persons,
19		which shall serve in an advisory capacity to the Secretary in
20		all matters related to the practice of barbering, cosmetology,
21		esthetics, hair braiding, and nail technology.
22		The 11 members of the Board shall be appointed as follows:
23		6 licensed cosmetologists, all of whom hold a current license
24		as a cosmetologist or cosmetology teacher and, for appointments
25		made after the effective date of this amendatory Act of 1996,

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1		at least 2 of whom shall be an owner of or a major stockholder
2		in a school of cosmetology, 2 of whom shall be representatives
3		of either a franchiser or an owner operating salons in 2 or
4		more locations within the State, one of whom shall be an
5		independent salon owner, and no one of the cosmetologist
6		members shall be a manufacturer, jobber, or stockholder in a
7		factory of cosmetology articles or an immediate family member
8		of any of the above; one of whom shall be a barber holding a
9		current license; one member who shall be a licensed esthetician
10		or esthetics teacher; one member who shall be a licensed nail
11		technician or nail technology teacher; one member who shall be
12		a licensed hair braider or hair braiding teacher; and one
13		public member who holds no licenses issued by the Department.
14		The Secretary shall give due consideration for membership to
15		recommendations by members of the professions and by their
16		professional organizations. Members shall serve 4 year terms
17		and until their successors are appointed and qualified. No
18		member shall be reappointed to the Board for more than 2 terms.
19		Appointments to fill vacancies shall be made in the same manner
20		as original appointments for the unexpired portion of the
21		vacated term. Members of the Board in office on the effective
22		date of this amendatory Act of 1996 shall continue to serve for
23		the duration of the terms to which they have been appointed,
24		but beginning on that effective date all appointments of
25		licensed cosmetologists and barbers to serve as members of the
26		Board shall be made in a manner that will effect at the

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1		earliest possible date the changes made by this amendatory Act
2		of 1996 in the representative composition of the Board.
3		For the initial appointment of a member who shall be a hair
4		braider or hair braiding teacher to the Board, such individual
5		shall not be required to possess a license at the time of
6		appointment, but shall have at least 5 years active practice in
7		the field of hair braiding and shall obtain a license as a hair
8		braider or a hair braiding teacher within 18 months after
9		appointment to the Board.
10		Six members of the Board shall constitute a quorum. A
11		majority is required for Board decisions.
12		The Board shall elect a chairperson and a vice chairperson
13		annually.
14		Board members are not liable for their acts, omissions,
15		decisions, or other conduct in connection with their duties on
16		the Board, except those determined to be willful, wanton, or
17		intentional misconduct.
18		Whenever the Secretary is satisfied that substantial
19		justice has not been done in an examination, the Secretary may
20		order a reexamination by the same or other examiners.
21		(Source: P.A. 96-1246, eff. 1-1-11.)
22		(225 ILCS 410/4-5) (from Ch. 111, par. 1704-5)
23		(Section scheduled to be repealed on January 1, 2016)
24		Sec. 4-5. Fees; time limitations.
25		(a) Except as provided in paragraph (b) below, the fees for

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1		the administration and enforcement of this Act, including but
2		not limited to fees for original licensure, renewal, and
3		restoration shall be set by the Department by rule. The fees
4		shall not be refundable.
5		(b) Applicants for examination shall be required to pay,
6		either to the Department or the designated testing service, a
7		fee covering the cost of initial screening to determine
8		eligibility and providing the examination. Failure to appear
9		for the examination on the scheduled date at the time and place
10		specified, after the applicant's application for examination
11		has been received and acknowledged by the Department or the
12		designated testing service, shall result in the forfeiture of
13		the examination fee.
14		(c) If an applicant fails to pass an examination for
15		licensure under this Act within 3 years after filing his
16		application, the application shall be denied. However, such
17		applicant may thereafter make a new application for examination
18		accompanied by the required fee.
19		(d) An individual applying on the basis of endorsement or
20		restoration of licensure has 3 years from the date of
21		application to complete the application process. If the process
22		has not been completed in 3 years, the application shall be
23		denied, the fee forfeited. The applicant may reapply, but shall
24		meet the requirements in effect at the time of reapplication.
25		(e) An applicant has one year from the date of notification
26		of successful completion of the examination to apply to the

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1		Department for a license. If an applicant fails to apply within
2		one year the applicant shall be required to take and pass the
3		examination again.
4		(Source: P.A. 89-387, eff. 1-1-96.)
5		(225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
6		(Section scheduled to be repealed on January 1, 2016)
7		Sec. 4-7. Refusal, suspension and revocation of licenses;
8		causes; disciplinary action.
9		(1) The Department may refuse to issue or renew, and may
10		suspend, revoke, place on probation, reprimand or take any
11		other disciplinary or non-disciplinary action as the
12		Department may deem proper, including civil penalties not to
13		exceed $500 for each violation, with regard to any license for
14		any one, or any combination, of the following causes:
15		a. Conviction of any crime under the laws of the United
16		States or any state or territory thereof that is (i) a
17		felony, (ii) a misdemeanor, an essential element of which
18		is dishonesty, or (iii) a crime which is related to the
19		practice of the profession.
20		b. Conviction of any of the violations listed in
21		Section 4-20.
22		c. Material misstatement in furnishing information to
23		the Department.
24		d. Making any misrepresentation for the purpose of
25		obtaining a license or violating any provision of this Act

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1		or its rules.
2		e. Aiding or assisting another person in violating any
3		provision of this Act or its rules.
4		f. Failing, within 60 days, to provide information in
5		response to a written request made by the Department.
6		g. Discipline by another state, territory, or country
7		if at least one of the grounds for the discipline is the
8		same as or substantially equivalent to those set forth in
9		this Act.
10		h. Practice in the barber, nail technology, esthetics,
11		hair braiding, or cosmetology profession, or an attempt to
12		practice in those professions, by fraudulent
13		misrepresentation.
14		i. Gross malpractice or gross incompetency.
15		j. Continued practice by a person knowingly having an
16		infectious or contagious disease.
17		k. Solicitation of professional services by using
18		false or misleading advertising.
19		l. A finding by the Department that the licensee, after
20		having his or her license placed on probationary status,
21		has violated the terms of probation.
22		m. Directly or indirectly giving to or receiving from
23		any person, firm, corporation, partnership or association
24		any fee, commission, rebate, or other form of compensation
25		for any professional services not actually or personally
26		rendered.

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1		n. Violating any of the provisions of this Act or rules
2		adopted pursuant to this Act.
3		o. Willfully making or filing false records or reports
4		relating to a licensee's practice, including but not
5		limited to, false records filed with State agencies or
6		departments.
7		p. Habitual or excessive use or addiction to alcohol,
8		narcotics, stimulants, or any other chemical agent or drug
9		that results in the inability to practice with reasonable
10		judgment, skill or safety.
11		q. Engaging in dishonorable, unethical or
12		unprofessional conduct of a character likely to deceive,
13		defraud, or harm the public as may be defined by rules of
14		the Department, or violating the rules of professional
15		conduct which may be adopted by the Department.
16		r. Permitting any person to use for any unlawful or
17		fraudulent purpose one's diploma or license or certificate
18		of registration as a cosmetologist, nail technician,
19		esthetician, hair braider, or barber or cosmetology, nail
20		technology, esthetics, hair braiding, or barber teacher or
21		salon or shop or cosmetology clinic teacher.
22		s. Being named as a perpetrator in an indicated report
23		by the Department of Children and Family Services under the
24		Abused and Neglected Child Reporting Act and upon proof by
25		clear and convincing evidence that the licensee has caused
26		a child to be an abused child or neglected child as defined

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1		in the Abused and Neglected Child Reporting Act.
2		t. Operating a salon or shop without a valid
3		registration.
4		u. Failure to complete required continuing education
5		hours.
6		(2) In rendering an order, the Secretary shall take into
7		consideration the facts and circumstances involving the type of
8		acts or omissions in paragraph (1) of this Section including,
9		but not limited to:
10		(a) the extent to which public confidence in the
11		cosmetology, nail technology, esthetics, hair braiding, or
12		barbering profession was, might have been, or may be,
13		injured;
14		(b) the degree of trust and dependence among the
15		involved parties;
16		(c) the character and degree of harm which did result
17		or might have resulted;
18		(d) the intent or mental state of the licensee at the
19		time of the acts or omissions.
20		(3) The Department may shall reissue the license or
21		registration upon certification by the Board that the
22		disciplined licensee or registrant has complied with all of the
23		terms and conditions set forth in the final order or has been
24		sufficiently rehabilitated to warrant the public trust.
25		(4) The Department shall refuse to issue or renew or
26		suspend without hearing the license or certificate of

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1		registration of any person who fails to file a return, or to
2		pay the tax, penalty or interest shown in a filed return, or to
3		pay any final assessment of tax, penalty or interest, as
4		required by any tax Act administered by the Illinois Department
5		of Revenue, until such time as the requirements of any such tax
6		Act are satisfied as determined by the Department of Revenue.
7		(5) The Department shall deny without hearing any
8		application for a license or renewal of a license under this
9		Act by a person who has defaulted on an educational loan
10		guaranteed by the Illinois Student Assistance Commission;
11		however, the Department may issue or renew a license if the
12		person in default has established a satisfactory repayment
13		record as determined by the Illinois Student Assistance
14		Commission.
15		(6) All fines imposed under this Section shall be paid
16		within 60 days after the effective date of the order imposing
17		the fine or in accordance with the terms set forth in the order
18		imposing the fine.
19		(Source: P.A. 98-911, eff. 1-1-15.)
20		(225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
21		(Section scheduled to be repealed on January 1, 2016)
22		Sec. 4-9. Practice without a license or after suspension or
23		revocation thereof.
24		(a) If any person violates the provisions of this Act, the
25		Secretary may, in the name of the People of the State of

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1		Illinois, through the Attorney General of the State of
2		Illinois, petition, for an order enjoining such violation or
3		for an order enforcing compliance with this Act. Upon the
4		filing of a verified petition in such court, the court may
5		issue a temporary restraining order, without notice or bond,
6		and may preliminarily and permanently enjoin such violation,
7		and if it is established that such person has violated or is
8		violating the injunction, the Court may punish the offender for
9		contempt of court. Proceedings under this Section shall be in
10		addition to, and not in lieu of, all other remedies and
11		penalties provided by this Act.
12		(b) If any person shall practice as a barber,
13		cosmetologist, nail technician, hair braider, or esthetician,
14		or teacher thereof or cosmetology clinic teacher or hold
15		himself or herself out as such without being licensed under the
16		provisions of this Act, any licensee, any interested party, or
17		any person injured thereby may, in addition to the Secretary,
18		petition for relief as provided in subsection (a) of this
19		Section.
20		(c) Whenever in the opinion of the Department any person,
21		firm, corporation, or other legal entity has violated violates
22		any provision of Sections 1-7 or 3D-5 of this Act, the
23		Department may issue a rule to show cause why an order to cease
24		and desist should not be entered against that person, firm,
25		corporation, or legal entity him. The rule shall clearly set
26		forth the grounds relied upon by the Department and shall

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1		provide a period of 7 days from the date of the rule to file an
2		answer to the satisfaction of the Department. Failure to answer
3		to the satisfaction of the Department shall cause an order to
4		cease and desist to be issued immediately.
5		(Source: P.A. 98-911, eff. 1-1-15.)
6		(225 ILCS 410/4-10) (from Ch. 111, par. 1704-10)
7		(Section scheduled to be repealed on January 1, 2016)
8		Sec. 4-10. Refusal, suspension and revocation of licenses;
9		investigations and hearing. The Department may upon its own
10		motion and shall, upon the verified complaint in writing of any
11		person setting forth the facts which if proven would constitute
12		grounds for disciplinary action as set forth in Section 4-7,
13		investigate the actions of any person holding or claiming to
14		hold a license. The Department shall, at least 30 days prior to
15		the date set for the hearing, notify in writing the applicant
16		or the holder of that license of any charges made and shall
17		afford the accused person an opportunity to be heard in person
18		or by counsel in reference thereto. The Department shall direct
19		the applicant or licensee to file a written answer to the Board
20		under oath within 20 days after the service of the notice and
21		inform the applicant or licensee that failure to file an answer
22		will result in default being taken against the applicant or
23		licensee and that the license may be suspended, revoked, placed
24		on probationary status, or other disciplinary action may be
25		taken, including limiting the scope, nature or extent of

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1		practice, as the Secretary may deem proper. The written notice
2		may be served by the delivery of the notice personally to the
3		accused person, or by mailing the notice by registered or
4		certified mail to the address of record place of business last
5		specified by the accused person in his last notification to the
6		Department. In case the person fails to file an answer after
7		receiving notice, his or her license or certificate may, in the
8		discretion of the Department be suspended, revoked, or placed
9		on probationary status, or the Department, may take whatever
10		disciplinary action deemed proper, including limiting the
11		scope, nature, or extent of the person's practice or the
12		imposition of a fine, without a hearing, if the act or acts
13		charged constitute sufficient grounds for such action under
14		this Act. At the time and place fixed in the notice, the Board
15		shall proceed to hearing of the charges and the accused person
16		shall be accorded ample opportunity to present in person or by
17		counsel, any statements, testimony, evidence and arguments as
18		may be pertinent to the charges or their defense. The Board may
19		continue a hearing from time to time.
20		(Source: P.A. 98-911, eff. 1-1-15.)
21		(225 ILCS 410/4-13) (from Ch. 111, par. 1704-13)
22		(Section scheduled to be repealed on January 1, 2016)
23		Sec. 4-13. Attendance of witnesses and production of
24		documents. Any circuit court or any judge thereof, upon the
25		application of the accused person or complainant or of the

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1		Department, may by order duly entered, require the attendance
2		of witnesses and the production of relevant books and papers
3		before the Department in any hearing relative to the
4		application for or refusal, recall, suspension or revocation of
5		license, and the court or judge may compel obedience to its or
6		his order by proceedings for contempt.
7		(Source: P.A. 89-387, eff. 1-1-96.)
8		(225 ILCS 410/4-14) (from Ch. 111, par. 1704-14)
9		(Section scheduled to be repealed on January 1, 2016)
10		Sec. 4-14. Report of Board; rehearing. The Board shall
11		present to the Secretary its written report of its findings and
12		recommendations. A copy of such report shall be served upon the
13		accused person, either personally or by registered mail as
14		provided in this Section for the service of the notice
15		citation. Within 20 days after such service, said accused
16		person may present to the Department his or her motion in
17		writing for rehearing, which written motion shall specify the
18		particular grounds therefor. If said accused person shall order
19		and pay for a transcript of the record as provided in this
20		Section, the time elapsing thereafter and before such
21		transcript is ready for delivery to him or her shall not be
22		counted as part of such 20 days. Whenever the Secretary is
23		satisfied that substantial justice has not been done, he or she
24		may order a re-hearing by the same or a special committee. At
25		the expiration of the time specified for filing a motion or a

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1		rehearing the Secretary shall have the right to take the action
2		recommended by the Board. Upon the suspension or revocation of
3		his or her license a licensee shall be required to surrender
4		his or her license to the Department, and upon his or her
5		failure or refusal so to do, the Department shall have the
6		right to seize the same.
7		(Source: P.A. 98-911, eff. 1-1-15.)
8		(225 ILCS 410/4-15) (from Ch. 111, par. 1704-15)
9		(Section scheduled to be repealed on January 1, 2016)
10		Sec. 4-15. Hearing officer. Notwithstanding the
11		provisions of Section 4-10, the Secretary shall have the
12		authority to appoint any attorney duly licensed to practice law
13		in the State of Illinois to serve as the hearing officer in any
14		action for refusal to issue or renew, or discipline of a
15		license. The hearing officer shall have full authority to
16		conduct the hearing. The hearing officer shall report his or
17		her findings and recommendations to the Board and the
18		Secretary. The Board shall have 60 days from receipt of the
19		report to review the report of the hearing officer and present
20		their findings of fact, conclusions of law, and recommendations
21		to the Secretary. If the Board fails to present its report
22		within the 60 day period, then the Secretary shall issue an
23		order based on the report of the hearing officer. If the
24		Secretary disagrees in any regard with determines that the
25		Board's report is contrary to the manifest weight of the

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1		evidence, then he or she may issue an order in contravention of
2		the Board's report.
3		(Source: P.A. 98-911, eff. 1-1-15.)
4		(225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
5		(Section scheduled to be repealed on January 1, 2016)
6		Sec. 4-16. Order or certified copy; prima facie proof. An
7		order of revocation or suspension or placing a license on
8		probationary status or other disciplinary action as the
9		Department may consider proper or a certified copy thereof,
10		over the seal of the Department and purporting to be signed by
11		the Secretary, shall be prima facie proof that:
12		1. the signature is the genuine signature of the
13		Secretary;
14		2. the Secretary is duly appointed and qualified; and
15		3. the Board and the members thereof are qualified to
16		act.
17		Such proof may be rebutted.
18		(Source: P.A. 98-911, eff. 1-1-15.)
19		(225 ILCS 410/4-17) (from Ch. 111, par. 1704-17)
20		(Section scheduled to be repealed on January 1, 2016)
21		Sec. 4-17. Restoration of license. At any time after the
22		successful completion of a term of suspension or revocation of
23		a license, the Department may restore it to the licensee, upon
24		the written recommendation of the Board, unless the Board

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1		determines after an investigation and a hearing that
2		restoration is not in the public interest.
3		(Source: P.A. 98-911, eff. 1-1-15.)
4		(225 ILCS 410/4-18.5 new)
5		Sec. 4-18.5. Citations.
6		(a) The Department shall adopt rules to permit the issuance
7		of citations for unlicensed practice, practice on an expired
8		license, failure to register a salon or shop, operating a salon
9		or shop on an expired registration, aiding and abetting
10		unlicensed practice, failure to display a license as required
11		by this Act, or any violation of sanitary rules. The citation
12		shall be issued to the licensee or other person alleged to have
13		committed one or more of the preceding violations and shall
14		contain the licensee's or other person's name and address, the
15		licensee's license number, if any, a brief factual statement,
16		the Sections of this Act or the rules allegedly violated, and
17		the penalty imposed, which shall not exceed $500. The citation
18		must clearly state that if the cited person wishes to dispute
19		the citation, he or she may request in writing, within 30 days
20		after the citation is served, a hearing before the Department.
21		If the cited person does not request a hearing within 30 days
22		after the citation is served, then the citation shall become a
23		final order and shall constitute discipline and any fine
24		imposed is due and payable. If the cited person requests a
25		hearing within 30 days after the citation is served, the

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1		Department shall afford the cited person a hearing conducted in
2		the same manner as a hearing provided in this Act for any
3		violation of this Act and shall determine whether the cited
4		person committed the violation as charged and whether the fine
5		as levied is warranted. No fine shall be increased but may be
6		reduced. If the violation is found, any fine shall be due and
7		payable within 30 days of the order of the Secretary. Failure
8		to comply with any final order may subject the licensee or
9		unlicensed person to further discipline or other action by the
10		Department or a referral to the State's Attorney.
11		(b) A citation must be issued within 6 months after the
12		reporting of a violation that is the basis for the citation.
13		(c) Service of a citation shall be made by personal service
14		or certified mail to the licensee at the licensee's address of
15		record or to an unlicensed person at his or her last known
16		address.
17		(d) Nothing in this Section shall prohibit or limit the
18		Department from taking further action pursuant to this Act and
19		rules for additional, repeated, or continuing violations.
20		(225 ILCS 410/4-25 new)
21		Sec. 4-25. Disposition by consent order. At any point in
22		any investigation or disciplinary proceeding provided for in
23		this Act, both parties may agree to a negotiated consent order.
24		The consent order shall be final upon signature of the
25		Secretary.

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1		(225 ILCS 410/1-9 rep.)
2		(225 ILCS 410/2-4a rep.)
3		(225 ILCS 410/3-8 rep.)
4		(225 ILCS 410/3A-7 rep.)
5		(225 ILCS 410/3C-9 rep.)
6		(225 ILCS 410/3E-4 rep.)
7		(225 ILCS 410/4-4a rep.)
8		(225 ILCS 410/4-18 rep.)
9		(225 ILCS 410/4-23 rep.)
10		Section 15. The Barber, Cosmetology, Esthetics, Hair
11		Braiding, and Nail Technology Act of 1985 is amended by
12		repealing Sections 1-9, 2-4a, 3-8, 3A-7, 3C-9, 3E-4, 4-4a,
13		4-18, and 4-23.
14		Section 99. Effective date. This Act takes effect upon
15		becoming law.