Rep. Frances Ann Hurley
Filed: 9/1/2015
 
 


 




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1
AMENDMENT TO HOUSE BILL 4264




2 AMENDMENT NO. ______. Amend House Bill 4264 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Barber, Cosmetology, Esthetics, Hair 
5Braiding, and Nail
Technology Act of 1985 is amended by adding 
6Section 1-13 and by changing Sections 3-7, 3A-6, 3C-8, and 3E-5 
7as follows:

8 (225 ILCS 410/1-13 new)
9 Sec. 1-13. Liability; domestic violence and sexual 
10assault. A person licensed under this Act who is required to 
11undergo domestic violence and sexual assault awareness 
12education as a part of his or her continuing education shall 
13not be civilly or criminally liable for acting or failing to 
14act on information obtained during the course of employment 
15concerning potential domestic violence or sexual assault.



 
 
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1 (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)



2 (Section scheduled to be repealed on January 1, 2026)

3 Sec. 3-7. Licensure; renewal; continuing education. The

4holder of a license issued under this Article III may renew 
5that license during
the month preceding the expiration date 
6thereof by paying the required fee,
giving such evidence as the 
7Department may prescribe of completing not less
than 14 hours 
8of continuing education for a cosmetologist, and 24 hours of

9continuing education for a cosmetology teacher or cosmetology 
10clinic teacher,
within the 2 years prior to renewal. The 
11training shall be in subjects
approved by the Department as 
12prescribed by rule upon recommendation of the Board and may 
13include online instruction. The continuing education for the 
14first renewal of a cosmetologist's license after the effective 
15date of this amendatory Act of the 99th General Assembly shall 
16include both domestic violence and sexual assault awareness 
17education as determined by rule of the Department. For every 
18subsequent renewal of a cosmetologist's license, the domestic 
19violence and sexual assault awareness education shall be an 
20optional course to help fulfill the continuing education 
21requirements.

22 The Department shall establish by rule a means for the 
23verification of
completion of the continuing education 
24required by this Section. This
verification may be accomplished 
25through audits of records maintained by
registrants, by 
26requiring the filing of continuing education certificates with

 
 
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1the Department, or by other means established by the 
2Department.

3 The Department, in its discretion, may waive
enforcement of 
4the continuing education requirement in this Section, 
5including the domestic violence and sexual assault awareness 
6education requirement, and
shall adopt rules defining the 
7standards and criteria for
that waiver under the following 
8circumstances:

9  (a) the licensee resides in a locality where it is 
10 demonstrated that the
absence of opportunities for such 
11 education would interfere with the
ability of the licensee 
12 to provide service to the public;

13  (b) that to comply with the continuing education 
14 requirements would
cause a substantial financial hardship 
15 on the licensee;

16  (c) that the licensee is serving in the United States 
17 Armed Forces; or

18  (d) that the licensee is incapacitated due to illness.

19(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)




20 (225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)



21 (Section scheduled to be repealed on January 1, 2026)

22 Sec. 3A-6. Licensure; renewal;
continuing education; 
23examination; military service. The holder of a license
issued 
24under this Article may renew such license during the
month 
25preceding the expiration date thereof by paying the required 
 
 
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1fee, giving evidence the Department may
prescribe of completing 
2not less than 10 hours for estheticians,
and not less than 20 
3hours of continuing education for esthetics
teachers,
within 
4the 2 years prior to renewal. The training shall be in 
5subjects,
approved by the Department as prescribed by rule upon 
6recommendation of
the Board. The continuing education for the 
7first renewal of an esthetician's license after the effective 
8date of this amendatory Act of the 99th General Assembly shall 
9include both domestic violence and sexual assault awareness 
10education as determined by rule of the Department. For every 
11subsequent renewal of an esthetician's license, the domestic 
12violence and sexual assault awareness education shall be an 
13optional course to help fulfill the continuing education 
14requirements.

15 The Department, in its discretion, may waive enforcement of 
16the continuing
education requirement in this Section, 
17including the domestic violence and sexual assault awareness 
18education requirement, and shall adopt rules defining the

19standards and criteria for such waiver, under the following 
20circumstances:

21  (1) the licensee resides in a locality where it is 
22 demonstrated
that the
absence of opportunities for such 
23 education would interfere with the ability of
the licensee 
24 to provide service to the public;

25  (2) the licensee's compliance with the continuing 
26 education
requirements
would cause a substantial financial 
 
 
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1 hardship on the licensee;

2  (3) the licensee is serving in the United States Armed 
3 Forces;
or

4  (4) the licensee is incapacitated due to illness.

5(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)




6 (225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)



7 (Section scheduled to be repealed on January 1, 2026)

8 Sec. 3C-8. License renewal; expiration; continuing 
9education;
persons in military service. The holder of a license

10issued under this Article may renew that license during the

11month preceding the expiration date of the license by
paying 
12the required fee and giving evidence, as the Department may 
13prescribe,
of completing not
less than 10 hours of continuing 
14education for a nail technician
and 20 hours of continuing 
15education for a nail technology teacher, within
the 2 years 
16prior
to renewal. The continuing education shall be in subjects 
17approved by the
Department upon recommendation of the Barber, 
18Cosmetology, Esthetics, Hair Braiding, and
Nail Technology 
19Board relating to the practice of nail technology,
including, 
20but not limited to, review of sanitary procedures, review of

21chemical service procedures, review of this Act, and review of 
22the Workers'
Compensation Act. However, at least 10 of the 
23hours of continuing education
required for a nail technology 
24teacher
shall be in subjects relating to
teaching methodology, 
25educational psychology, and classroom management or in
other 
 
 
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1subjects related to teaching. The continuing education for the 
2first renewal of a nail technician's license after the 
3effective date of this amendatory Act of the 99th General 
4Assembly shall include both domestic violence and sexual 
5assault awareness education as determined by rule of the 
6Department. For every subsequent renewal of a nail technician's 
7license, the domestic violence and sexual assault awareness 
8education shall be an optional course to help fulfill the 
9continuing education requirements.

10 The Department, in its discretion, may waive enforcement of 
11the continuing
education requirement in this Section, 
12including the domestic violence and sexual assault awareness 
13education requirement, and shall adopt rules defining the

14standards and criteria for such waiver, under the following 
15circumstances:

16  (a) the licensee resides in a locality where it is 
17 demonstrated that the
absence of opportunities for such 
18 education would interfere with the ability of
the licensee 
19 to provide service to the public;

20  (b) the licensee's compliance with the continuing 
21 education requirements
would cause a substantial financial 
22 hardship on the licensee;

23  (c) the licensee is serving in the United States Armed 
24 Forces; or

25  (d) the licensee is incapacitated due to illness.

26(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)


 
 
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1 (225 ILCS 410/3E-5)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 3E-5. License renewal. To renew a license issued under 
4this Article, an individual must produce proof of successful 
5completion of 10 hours of continuing education for a hair 
6braider license and 20 hours of continuing education for a hair 
7braiding teacher license. The continuing education for the 
8first renewal of a hair braider's license after the effective 
9date of this amendatory Act of the 99th General Assembly shall 
10include both domestic violence and sexual assault awareness 
11education as determined by rule of the Department. For every 
12subsequent renewal of a hair braider's license, the domestic 
13violence and sexual assault awareness education shall be an 
14optional course to help fulfill the continuing education 
15requirements.

16(Source: P.A. 99-427, eff. 8-21-15.)".