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| Public Act 097-0777
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| HB4076 Enrolled | LRB097 14435 CEL 59274 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Barber, Cosmetology, Esthetics, Hair |
Braiding, and Nail
Technology Act of 1985 is amended by |
changing Sections 1-4, 2-2, 2-4, and 2A-1 and by adding Section |
2-9 as follows:
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(225 ILCS 410/1-4)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 1-4. Definitions. In this Act the following words |
shall have the
following meanings:
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"Board" means the Barber, Cosmetology, Esthetics, and Nail |
Technology Board.
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"Department" means the Department of Financial and |
Professional Regulation.
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"Licensed barber" means an individual licensed by the |
Department
to practice barbering as defined in this Act and |
whose
license is in good standing.
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"Licensed barber clinic teacher" means an individual |
licensed by the Department to practice barbering, as defined in |
this Act, and to provide clinical instruction in the practice |
of barbering in an approved school of barbering.
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"Licensed cosmetologist" means an individual licensed by |
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the
Department to practice cosmetology, nail technology, and |
esthetics as
defined in this Act and whose license is in good |
standing.
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"Licensed esthetician" means an individual
licensed by the
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Department to practice esthetics as defined in this Act and |
whose
license is in good standing.
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"Licensed nail technician" means any individual
licensed |
by
the Department to practice nail technology as defined in |
this Act and whose
license is in good standing.
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"Licensed barber teacher" means an individual
licensed
by |
the Department to practice barbering as defined in this Act
and |
to provide instruction in the theory and practice of barbering |
to students in an approved barber school.
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"Licensed cosmetology teacher" means an individual
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licensed by the Department to practice cosmetology,
esthetics, |
and nail technology as defined in this Act
and to provide |
instruction in the theory and
practice of cosmetology, |
esthetics, and nail technology to
students in an approved |
cosmetology, esthetics, or nail technology school.
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"Licensed cosmetology clinic teacher" means an individual |
licensed by the
Department to practice cosmetology, esthetics, |
and nail technology as defined
in this Act and to provide |
clinical instruction in the practice of cosmetology,
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esthetics, and nail technology in an approved school of |
cosmetology, esthetics,
or nail technology.
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"Licensed esthetics teacher" means an individual
licensed |
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by
the Department to practice esthetics as defined in this Act |
and to provide
instruction in the theory and practice of |
esthetics
to students in an approved cosmetology or esthetics |
school.
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"Licensed esthetics clinic teacher" means an individual |
licensed by the
Department to practice esthetics as defined in |
this Act and to provide clinical
instruction in the practice of |
esthetics in an approved school of cosmetology
or an approved |
school of esthetics.
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"Licensed hair braider" means any individual licensed by |
the Department to practice hair braiding as defined in Section |
3E-1 and whose license is in good standing. |
"Licensed hair braiding teacher" means an individual |
licensed by the Department to practice hair braiding and to |
provide instruction in the theory and practice of hair braiding |
to students in an approved cosmetology school. |
"Licensed nail technology teacher" means an individual
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licensed by the Department to practice nail technology and
to |
provide instruction in the theory and
practice of nail |
technology to students in an approved nail technology school
or |
cosmetology school.
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"Licensed nail technology clinic teacher" means an |
individual licensed by
the Department to practice nail |
technology as defined in this Act and to
provide clinical |
instruction in the practice of nail technology in an approved
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school of cosmetology or an approved school of nail technology.
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"Enrollment" is the date upon which the student signs an
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enrollment agreement or student contract.
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"Enrollment agreement" or "student contract" is any |
agreement,
instrument, or contract however named, which |
creates or evidences an
obligation binding a student to |
purchase a course of instruction from a school.
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"Enrollment time" means the maximum number of hours a |
student
could have attended class, whether or not the student |
did in fact attend
all those hours.
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"Elapsed enrollment time" means the enrollment time |
elapsed between
the actual starting date and the date of the |
student's last day of physical
attendance in the school.
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"School" means an institution of higher education that |
meets the requirements of 34 CFR 600.9. |
"Secretary" means the Secretary of the Department of |
Financial and Professional Regulation. |
"Threading" means any technique that results in the removal |
of superfluous hair from the body by twisting thread around |
unwanted hair and then pulling it from the skin; and may also |
include the incidental trimming of eyebrow hair. |
(Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11; |
97-333, eff. 8-12-11.)
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(225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 2-2. Licensure as a barber;
qualifications. A person |
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is qualified to
receive a license as a
barber if that person |
has applied in writing on forms prescribed by the
Department, |
has paid the required fees, and:
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a. Is at least 16 years of age; and
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b. Has a certificate of graduation from a school providing
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secondary education, or the recognized equivalent of such a |
certificate,
or persons who are beyond the age of compulsory |
school attendance; and
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c. Has graduated from a school
of barbering or school of |
cosmetology approved by the Department,
having completed a |
total of 1500 hours in the study of barbering
extending over a |
period of not less than 9 months nor more than 3 years.
A |
school of barbering may, at its discretion, consistent with the
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rules of the Department, accept up to 500 hours of cosmetology |
school
training at a recognized cosmetology school toward the |
1500 hour course
requirement of barbering. Time spent in such |
study under the laws of
another state or territory of the |
United States or of a foreign country or
province shall be |
credited toward the period of study required by the
provisions |
of this paragraph; and
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d. Has passed an examination caused to be conducted by
the
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Department or its designated testing service to determine |
fitness to
receive a license as
a barber; and
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e. Has met all other requirements of this Act.
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(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
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(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 2-4. Licensure as a barber
teacher; qualifications. |
(1) A person is qualified to receive a license as a barber |
teacher if that person files an
application on forms provided |
by the Department, pays the required fee, and:
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a. Is at least 18 years of age;
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b. Has graduated from high school or its equivalent;
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c. Has a current license as a barber or cosmetologist;
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d. Has graduated from a barber school or school of |
cosmetology approved by the Department
having either:
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(1) completed a total of 500 hours in barber |
teacher training extending
over a period of not less |
than 3 months nor more than 2 years and has had 3
years |
of practical experience as a licensed barber; or
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(2) completed a total of 1,000 hours of barber |
teacher training extending
over a period of not less |
than 6 months nor more than 2 years; or and
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(3) completed the cosmetology teacher training as |
specified in paragraph (4) of subsection (a) of Section |
3-4 of this Act; and |
e. Has passed an examination authorized by the |
Department
to determine fitness to receive a license
as a |
barber teacher or a cosmetology teacher; and
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f. Has met any other requirements set forth in this |
Act.
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An applicant who is issued a license as a Barber Teacher is |
not required
to maintain a barber license in order to practice |
barbering as defined in this
Act.
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(2) A person is qualified to receive a license as a barber |
clinic
teacher if he or she has applied in writing on forms |
provided by the
Department, has paid the required fees, and:
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(A) is at least 18 years of age;
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(B) has graduated from high school or its equivalent;
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(C) has a current license as a barber;
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(D) has (i) completed a program of 250 hours of clinic |
teacher training in a licensed school of barbering or (ii) |
within 5 years preceding the required examination, has |
obtained a minimum of 2 years of practical experience |
working at least 30 full-time hours per week as a licensed |
barber and has completed an instructor's institute of 20 |
hours, as prescribed by the Department, prior to submitting |
an application for examination;
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(E) has passed an examination authorized by the |
Department to determine eligibility to receive a license as |
a barber teacher; and
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(F) has met any other requirements of this Act.
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The Department shall not issue any new barber clinic |
teacher licenses after January 1, 2009. Any person issued a |
license as a barber clinic teacher before January 1, 2009, may |
renew the license after that date under this Act and that |
person may continue to renew the license or have the license |
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restored during his or her lifetime, subject only to the |
renewal or restoration requirements for the license under this |
Act; however, such licensee and license shall remain subject to |
the provisions of this Act, including, but not limited to, |
provisions concerning renewal, restoration, fees, continuing |
education, discipline, administration, and enforcement.
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(Source: P.A. 94-871, eff. 6-16-06.)
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(225 ILCS 410/2-9 new) |
Sec. 2-9. Degree in barbering at a cosmetology school. A |
school of cosmetology may offer a degree in barbering, as |
defined by this Act, provided that the school of cosmetology |
complies with subsections (c), (d), and (e) of Section 2-2 of |
this Act; utilizes barber teachers properly licensed under |
paragraph (1) of Section 2-4 of this Act; and complies with |
Sections 2A-7 and 3B-10 of this Act.
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(225 ILCS 410/2A-1)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 2A-1. Application. The provisions of this Article IIA |
are applicable
only to barber or cosmetology schools regulated |
under this Act.
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(Source: P.A. 89-387, eff. 1-1-96.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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