Bill Amendment: IL HB4264 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COSMETOLOGY-DOMESTIC VIOLENCE

Status: 2016-08-12 - Public Act . . . . . . . . . 99-0766 [HB4264 Detail]

Download: Illinois-2015-HB4264-House_Amendment_002.html

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Rep. Frances Ann Hurley

Filed: 10/15/2015

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AMENDMENT TO HOUSE BILL 4264
AMENDMENT NO. ______. Amend House Bill 4264 by replacing
everything after the enacting clause with the following:
"Section 5. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by adding
Section 1-13 and by changing Sections 3-7, 3A-6, 3C-8, and 3E-5
as follows:
(225 ILCS 410/1-13 new)
Sec. 1-13. Liability; domestic violence and sexual
assault. A person licensed under this Act who is required to
undergo domestic violence and sexual assault awareness
education as a part of his or her continuing education shall
not be civilly or criminally liable for acting in good faith or
failing to act on information obtained during the course of
employment concerning potential domestic violence or sexual
assault.

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(225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-7. Licensure; renewal; continuing education. The
holder of a license issued under this Article III may renew
that license during the month preceding the expiration date
thereof by paying the required fee, giving such evidence as the
Department may prescribe of completing not less than 14 hours
of continuing education for a cosmetologist, and 24 hours of
continuing education for a cosmetology teacher or cosmetology
clinic teacher, within the 2 years prior to renewal. The
training shall be in subjects approved by the Department as
prescribed by rule upon recommendation of the Board and may
include online instruction. For the initial renewal of a
cosmetologist's license which requires continuing education,
as prescribed by rule, one hour of the continuing education
shall include domestic violence and sexual assault awareness
education as prescribed by rule of the Department, effective as
of the date of this amendatory Act of the 99th General
Assembly. For every subsequent renewal of a cosmetologist's
license, one hour of the continuing education may include
domestic violence and sexual assault awareness education.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be accomplished
through audits of records maintained by registrants, by

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requiring the filing of continuing education certificates with
the Department, or by other means established by the
Department.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section,
including the domestic violence and sexual assault awareness
education requirement, and shall adopt rules defining the
standards and criteria for that waiver under the following
circumstances:
(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee
to provide service to the public;
(b) that to comply with the continuing education
requirements would cause a substantial financial hardship
on the licensee;
(c) that the licensee is serving in the United States
Armed Forces; or
(d) that the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-6. Licensure; renewal; continuing education;
examination; military service. The holder of a license issued
under this Article may renew such license during the month

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preceding the expiration date thereof by paying the required
fee, giving evidence the Department may prescribe of completing
not less than 10 hours for estheticians, and not less than 20
hours of continuing education for esthetics teachers, within
the 2 years prior to renewal. The training shall be in
subjects, approved by the Department as prescribed by rule upon
recommendation of the Board. For the initial renewal of an
esthetician's license which requires continuing education, as
prescribed by rule, one hour of the continuing education shall
include domestic violence and sexual assault awareness
education as prescribed by rule of the Department, effective as
of the date of this amendatory Act of the 99th General
Assembly. For every subsequent renewal of an esthetician's
license, one hour of the continuing education may include
domestic violence and sexual assault awareness education.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section,
including the domestic violence and sexual assault awareness
education requirement, and shall adopt rules defining the
standards and criteria for such waiver, under the following
circumstances:
(1) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee
to provide service to the public;
(2) the licensee's compliance with the continuing

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education requirements would cause a substantial financial
hardship on the licensee;
(3) the licensee is serving in the United States Armed
Forces; or
(4) the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3C-8. License renewal; expiration; continuing
education; persons in military service. The holder of a license
issued under this Article may renew that license during the
month preceding the expiration date of the license by paying
the required fee and giving evidence, as the Department may
prescribe, of completing not less than 10 hours of continuing
education for a nail technician and 20 hours of continuing
education for a nail technology teacher, within the 2 years
prior to renewal. The continuing education shall be in subjects
approved by the Department upon recommendation of the Barber,
Cosmetology, Esthetics, Hair Braiding, and Nail Technology
Board relating to the practice of nail technology, including,
but not limited to, review of sanitary procedures, review of
chemical service procedures, review of this Act, and review of
the Workers' Compensation Act. However, at least 10 of the
hours of continuing education required for a nail technology
teacher shall be in subjects relating to teaching methodology,

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educational psychology, and classroom management or in other
subjects related to teaching. For the initial renewal of a nail
technician's license which requires continuing education, as
prescribed by rule, one hour of the continuing education shall
include domestic violence and sexual assault awareness
education as prescribed by rule of the Department, effective as
of the date of this amendatory Act of the 99th General
Assembly. For every subsequent renewal of a nail technician's
license, one hour of the continuing education may include
domestic violence and sexual assault awareness education.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section,
including the domestic violence and sexual assault awareness
education requirement, and shall adopt rules defining the
standards and criteria for such waiver, under the following
circumstances:
(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee
to provide service to the public;
(b) the licensee's compliance with the continuing
education requirements would cause a substantial financial
hardship on the licensee;
(c) the licensee is serving in the United States Armed
Forces; or
(d) the licensee is incapacitated due to illness.

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(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
(225 ILCS 410/3E-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3E-5. License renewal. To renew a license issued under
this Article, an individual must produce proof of successful
completion of 10 hours of continuing education for a hair
braider license and 20 hours of continuing education for a hair
braiding teacher license. For the initial renewal of a hair
braider's license which requires continuing education, as
prescribed by rule, one hour of the continuing education shall
include domestic violence and sexual assault awareness
education as prescribed by rule of the Department, effective as
of the date of this amendatory Act of the 99th General
Assembly. For every subsequent renewal of a hair braider's
license, one hour of the continuing education may include
domestic violence and sexual assault awareness education.
(Source: P.A. 99-427, eff. 8-21-15.)".