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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that the program of study a person seeking licensure as a barber, cosmetologist, esthetician, hair braider, or nail technician must graduate from must include both domestic violence and sexual assault education as determined by rule of the Department of Financial and Professional Regulation. Requires that the continuing education needed to renew a license as a cosmetologist, esthetician, hair braider, or nail technician must include both domestic violence and sexual assault education as determined by rule of the Department.

Spectrum: Moderate Partisan Bill (Democrat 30-6)

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

Download: Illinois-2015-HB4264-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4264 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
225 ILCS 410/2-2 from Ch. 111, par. 1702-2
225 ILCS 410/2-3 from Ch. 111, par. 1702-3
225 ILCS 410/3-2 from Ch. 111, par. 1703-2
225 ILCS 410/3-3 from Ch. 111, par. 1703-3
225 ILCS 410/3-7 from Ch. 111, par. 1703-7
225 ILCS 410/3A-2 from Ch. 111, par. 1703A-2
225 ILCS 410/3A-6 from Ch. 111, par. 1703A-6
225 ILCS 410/3C-2 from Ch. 111, par. 1703C-2
225 ILCS 410/3C-8 from Ch. 111, par. 1703C-8
225 ILCS 410/3E-2
225 ILCS 410/3E-5
Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that the program of study a person seeking licensure as a barber, cosmetologist, esthetician, hair braider, or nail technician must graduate from must include both domestic violence and sexual assault education as determined by rule of the Department of Financial and Professional Regulation. Requires that the continuing education needed to renew a license as a cosmetologist, esthetician, hair braider, or nail technician must include both domestic violence and sexual assault education as determined by rule of the Department.
LRB099 13320 MLM 37237 b
A BILL FOR
HB4264 LRB099 13320 MLM 37237 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing Sections 2-2, 2-3, 3-2, 3-3, 3-7, 3A-2, 3A-6, 3C-2,
3C-8, 3E-2, and 3E-5 as follows:
(225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2-2. Licensure as a barber; qualifications. A person
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:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school
providing secondary education, or the recognized
equivalent of such a certificate, or persons who are beyond
the age of compulsory school attendance; and
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, which must include both domestic violence and

HB4264 - 2 - LRB099 13320 MLM 37237 b
sexual assault education as determined by rule of the
Department. A school of barbering may, at its discretion,
consistent with the 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
d. Has passed an examination caused to be conducted by
the Department or its designated testing service to
determine fitness to receive a license as a barber; and
e. Has met all other requirements of this Act.
(Source: P.A. 97-777, eff. 7-13-12.)
(225 ILCS 410/2-3) (from Ch. 111, par. 1702-3)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2-3. Licensure as a barber by a cosmetology school
graduate. A person is qualified to receive a license as a
barber if that person has applied in writing on forms provided
by the Department, paid the required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a
certificate, or persons who are beyond the age of compulsory

HB4264 - 3 - LRB099 13320 MLM 37237 b
school attendance; and
c. Has graduated from a cosmetology school approved by the
Department having completed a minimum of 1500 hours in the
study of cosmetology; and
d. Has graduated from a school of barbering approved by the
Department having completed a minimum of 1000 additional hours
in the study of barbering extending over a period of no less
than 6 months nor more than 2 years, which must include both
domestic violence and sexual assault education as determined by
rule of the Department. 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
e. Has passed an examination caused to be conducted by the
Department, or its designated testing service, to determine
fitness to receive a license as a barber; and
f. Has met any other requirements set forth in this Act.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
(225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-2. Licensure; qualifications.
(1) A person is qualified to receive a license as a
cosmetologist who has filed an application on forms provided by
the Department, pays the required fees, and:
a. Is at least l6 years of age; and

HB4264 - 4 - LRB099 13320 MLM 37237 b
b. Is beyond the age of compulsory school attendance or
has received a certificate of graduation from a school
providing secondary education, or the recognized
equivalent of that certificate; and
c. Has graduated from a school of cosmetology approved
by the Department, having completed a program of l500 hours
in the study of cosmetology extending over a period of not
less than 8 months nor more than 7 consecutive years, which
must include both domestic violence and sexual assault
education as determined by rule of the Department. A school
of cosmetology may, at its discretion, consistent with the
rules of the Department, accept up to 500 hours of barber
school training at a recognized barber school toward the
l500 hour program requirement of cosmetology. 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
d. Has passed an examination authorized by the
Department to determine eligibility to receive a license as
a cosmetologist; and
e. Has met any other requirements of this Act.
(2) (Blank).
(Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)
(225 ILCS 410/3-3) (from Ch. 111, par. 1703-3)

HB4264 - 5 - LRB099 13320 MLM 37237 b
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-3. Licensure as a cosmetologist by a barber school
graduate. A person is qualified to receive a license as a
cosmetologist if that person has filed an application on forms
provided by the Department, has paid the required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a
certificate, or is beyond the age of compulsory school
attendance; and
c. Has graduated from a school of barbering approved by the
Department having completed 1500 hours in the study of
barbering, and a minimum of 1000 additional hours in the study
of cosmetology extending over a period of no less than 6 months
nor more than 2 years, which must include both domestic
violence and sexual assault education as determined by rule of
the Department. 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
d. Has passed an examination authorized by the Department
to determine fitness to receive a license as a cosmetologist;
and
e. Has met any other requirements of this Act.
(Source: P.A. 89-387, eff. 1-1-96.)

HB4264 - 6 - LRB099 13320 MLM 37237 b
(225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-7. Licensure; renewal; continuing education;
military service. 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 must include both domestic violence and sexual
assault education for cosmetologists as determined by rule of
the Department.
A license that has been expired for more than 5 years may
be restored by payment of the restoration fee and submitting
evidence satisfactory to the Department of the current
qualifications and fitness of the licensee, which shall include
completion of continuing education hours for the period
subsequent to expiration.
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
requiring the filing of continuing education certificates with

HB4264 - 7 - LRB099 13320 MLM 37237 b
the Department, or by other means established by the
Department.
A license issued under the provisions of this Act that has
expired while the holder of the license was engaged (1) in
federal service on active duty with the Army of the United
States, the United States Navy, the Marine Corps, the Air
Force, the Coast Guard, or any Women's Auxiliary thereof, or
the State Militia called into the service or training of the
United States of America, or (2) in training or education under
the supervision of the United States preliminary to induction
into the military service, may be reinstated or restored
without the payment of any lapsed renewal fees, reinstatement
fee, or restoration fee if within 2 years after the termination
of such service, training, or education other than by
dishonorable discharge, the holder furnishes the Department
with an affidavit to the effect that he or she has been so
engaged and that his or her service, training, or education has
been so terminated.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section 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;

HB4264 - 8 - LRB099 13320 MLM 37237 b
(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.
The continuing education requirements of this Section do
not apply to a licensee who (i) is at least 62 years of age or
(ii) has been licensed as a cosmetologist, cosmetology teacher,
or cosmetology clinic teacher for at least 25 years.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3A-2. Licensure as an esthetician; qualifications. A
person is qualified to receive a license as a licensed
esthetician if that person has applied in writing on forms
provided by the Department, paid any required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a
certificate, or persons who are beyond the age of compulsory
school attendance; and
c. Has graduated from a school of cosmetology or esthetics
approved by the Department, having completed a program of 750
hours in the study of esthetics extending over a period of not

HB4264 - 9 - LRB099 13320 MLM 37237 b
less than 18 weeks nor more than 4 consecutive years, which
must include both domestic violence and sexual assault
education as determined by rule of the Department. 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
d. Has passed an examination authorized by the Department
to determine fitness to receive a license as a licensed
esthetician; and
e. Has met any other requirements of this Act and rules.
(Source: P.A. 91-863, eff. 7-1-00.)
(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
(Section scheduled to be repealed on January 1, 2016)
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
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 and must include both domestic
violence and sexual assault education for estheticians as

HB4264 - 10 - LRB099 13320 MLM 37237 b
determined by rule of the Department.
A license that has expired or been placed on inactive
status may be restored only by payment of the restoration fee
and submitting evidence satisfactory to the Department of the
current qualifications and fitness of the licensee including
the completion of continuing education hours for the period
following expiration.
A license issued under the provisions of this Act that has
expired while the holder of the license was engaged (1) in
federal service on active duty with the Army of the United
States, the United States Navy, the Marine Corps, the Air
Force, the Coast Guard, or any Women's Auxiliary thereof, or
the State Militia called into the service or training of the
United States of America, or (2) in training or education under
the supervision of the United States preliminary to induction
into the military service, may be reinstated or restored
without the payment of any lapsed renewal fees, reinstatement
fee, or restoration fee if within 2 years after the termination
of such service, training, or education other than by
dishonorable discharge, the holder furnishes the Department
with an affidavit to the effect that he or she has been so
engaged and that his or her service, training, or education has
been so terminated.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section, and shall
adopt rules defining the standards and criteria for such

HB4264 - 11 - LRB099 13320 MLM 37237 b
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
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.)
(225 ILCS 410/3C-2) (from Ch. 111, par. 1703C-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-2. License; qualifications. A person is qualified
to receive a license as a nail technician if that person
applies in writing on forms provided by the Department, pays
the required fee, and:
(a) Is at least 16 years of age;
(b) Is beyond the age of compulsory school attendance
or has a certificate of graduation from a school providing
secondary education or the recognized equivalent of that
certificate;
(c) Has graduated from a school of cosmetology or
school of nail technology approved by the Department,

HB4264 - 12 - LRB099 13320 MLM 37237 b
having completed a program of 350 hours in the study of
nail technology extending over a period of not less than 8
weeks nor more than 2 consecutive years, which must include
both domestic violence and sexual assault education as
determined by rule of the Department;
(d) Has passed an examination authorized by the
Department to determine eligibility to receive a license as
a nail technician; and
(e) Has met any other requirements of this Act.
Time spent in the study of nail technology 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 subsection (c).
(Source: P.A. 94-451, eff. 12-31-05.)
(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
(Section scheduled to be repealed on January 1, 2016)
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

HB4264 - 13 - LRB099 13320 MLM 37237 b
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 and must include domestic
violence and sexual assault education for nail technicians as
determined by rule of the Department. However, at least 10 of
the hours of continuing education required for a nail
technology teacher shall be in subjects relating to teaching
methodology, educational psychology, and classroom management
or in other subjects related to teaching.
A license that has been expired or placed on inactive
status may be restored only by payment of the restoration fee
and submitting evidence satisfactory to the Department of the
meeting of current qualifications and fitness of the licensee,
including the completion of continuing education hours for the
period subsequent to expiration.
A license issued under this Article that has expired while
the holder of the license was engaged (1) in federal service on
active duty with the Army of the United States, the United
States Navy, the Marine Corps, the Air Force, the Coast Guard,
or any Women's Auxiliary thereof, or the State Militia called
into the service or training of the United States of America,
or (2) in training or education under the supervision of the
United States preliminary to induction into the military

HB4264 - 14 - LRB099 13320 MLM 37237 b
service, may be reinstated or restored without the payment of
any lapsed renewal fees, reinstatement fee or restoration fee
if, within 2 years after the termination of the service,
training, or education other than by dishonorable discharge,
the holder furnishes the Department with an affidavit to the
effect that the certificate holder has been so engaged and that
the service, training, or education has been so terminated.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section, 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.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/3E-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3E-2. Hair braider licensure; qualifications.

HB4264 - 15 - LRB099 13320 MLM 37237 b
(a) A person is qualified to receive a license as a hair
braider if he or she has filed an application on forms provided
by the Department, paid the required fees, and meets the
following qualifications:
(1) Is at least 16 years of age;
(2) Is beyond the age of compulsory school attendance
or has received a certificate of graduation from a school
providing secondary education, or the recognized
equivalent of that certificate; and
(3) Has completed a program consisting of a minimum of
300 clock hours or a 10 credit hour equivalency of
instruction, as defined by rule, in a licensed cosmetology
school teaching a hair braiding curriculum or in a licensed
hair braiding school as follows:
(A) Basic training consisting of 35 hours of
classroom instruction in general theory, practical
application, and technical application in the
following subject areas: history of hair braiding,
personal hygiene and public health, professional
ethics, disinfection and sanitation, bacteriology,
disorders and diseases of the hair and scalp, OSHA
standards relating to material safety data sheets
(MSDS) on chemicals, hair analysis and scalp care, and
technical procedures;
(B) Related concepts consisting of 35 hours of
classroom instruction in the following subject areas:

HB4264 - 16 - LRB099 13320 MLM 37237 b
Braid removal and scalp care; basic styling knowledge;
tools and equipment; growth patterns, styles and
sectioning; client consultation and face shapes; and
client education, pre-care, post-care, home care and
follow-up services;
(C) Practices and procedures consisting of 200
hours of instruction, which shall be a combination of
classroom instruction and clinical practical
application, in the following subject areas: single
braids with and without extensions; cornrows with and
without extensions; twists and knots; multiple
strands; hair locking; weaving/sewn-in; other
procedures as they relate to hair-braiding; and
product knowledge as it relates to hair braiding; and
(D) Business practices consisting of 30 hours of
classroom instruction in the following subject areas:
Illinois Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 and Rules;
salon management; human relations and salesmanship;
and Workers' Compensation Act; and .
(E) Both domestic violence and sexual assault
education as determined by rule of the Department.
(b) The expiration date and renewal period for each license
issued under this Act shall be set by rule.
(c) Within 2 years after the effective date of this
amendatory Act of the 96th General Assembly, the Department may

HB4264 - 17 - LRB099 13320 MLM 37237 b
issue a hair braider license to any applicant who does not meet
the requirements of items (2) and (3) of subsection (a) of this
Section if the applicant: (1) files an application in
accordance with subsection (a), (2) pays the required fee, (3)
has not committed an offense that would be grounds for
discipline under this Act, and (4) is able to demonstrate to
the Department through tax records or affidavits that he or she
has practiced hair braiding for at least 2 consecutive years
immediately prior to the date of his or her application.
A hair braider who obtains his or her license under this
subsection (c) may renew his or her license if he or she
applies to the Department for renewal and has completed at
least 65 hours of relevant training in health, safety, hygiene,
and business management in accordance with the requirements of
this Section or any rule adopted pursuant to this Section. A
hair braider who renews his or her license under this
subsection (c) may thereafter only renew his or her license if
he or she meets the requirements of Section 3E-5 of this Act.
(Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11.)
(225 ILCS 410/3E-5)
(Section scheduled to be repealed on January 1, 2016)
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, which must include both domestic violence and

HB4264 - 18 - LRB099 13320 MLM 37237 b
sexual assault education as determined by rule of the
Department, and 20 hours of continuing education for a hair
braiding teacher license.
A license that has been expired for more than 5 years may
be restored by payment of the restoration fee and submitting
evidence satisfactory to the Department of the current
qualifications and fitness of the licensee, which shall include
completion of continuing education hours for the period
subsequent to expiration. The Department may establish
additional rules for the administration of this Section and
other requirements for the renewal of a hair braider or hair
braiding teacher license issued under this Act.
(Source: P.A. 96-1246, eff. 1-1-11.)