093_HB2231

 
                                     LRB093 08339 AMC 08558 b

 1        AN ACT concerning African hair braiding.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Barber, Cosmetology, Esthetics, and Nail
 5    Technology Act of 1985 is amended by changing  Sections  1-11
 6    and 3-1 as follows:

 7        (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
 8        (Section scheduled to be repealed on January 1, 2006)
 9        Sec. 1-11.  Exceptions to Act.
10        (a)  Nothing  in  this Act shall be construed to apply to
11    the educational activities conducted in connection  with  any
12    monthly,  annual  or other special educational program of any
13    bona   fide   association   of    licensed    cosmetologists,
14    estheticians,  nail  technicians,  or  barbers,  or  licensed
15    cosmetology,  esthetics,  nail  technology, or barber schools
16    from which the general public is excluded.
17        (b)  Nothing in this Act shall be construed to  apply  to
18    the  activities and services of registered nurses or licensed
19    practical nurses, as defined  in  the  Nursing  and  Advanced
20    Practice  Nursing  Act,  or  to  personal care or health care
21    services provided by individuals in the performance of  their
22    duties  as  employed  or authorized by facilities or programs
23    licensed or certified by State  agencies.  As  used  in  this
24    subsection  (b), "personal care" means assistance with meals,
25    dressing, movement,  bathing,  or  other  personal  needs  or
26    maintenance  or  general  supervision  and  oversight  of the
27    physical and  mental  well-being  of  an  individual  who  is
28    incapable  of maintaining a private, independent residence or
29    who is incapable of managing his or her person whether or not
30    a guardian  has  been  appointed  for  that  individual.  The
31    definition  of "personal care" as used in this subsection (b)
 
                            -2-      LRB093 08339 AMC 08558 b
 1    shall not otherwise be construed to negate  the  requirements
 2    of this Act or its rules.
 3        (c)  Nothing  in  this  Act  shall  be  deemed to require
 4    licensure of individuals  employed  by  the  motion  picture,
 5    film,  television,  stage  play  or  related industry for the
 6    purpose of providing cosmetology  or  esthetics  services  to
 7    actors  of  that  industry  while  engaged in the practice of
 8    cosmetology  or  esthetics  as  a  part  of   that   person's
 9    employment.
10        (d)  Nothing  in  this Act shall be construed to apply to
11    persons braiding  hair  using  techniques  and  methods  that
12    originated in Africa.
13    (Source:  P.A.  90-580,  eff.  5-21-98; 90-742, eff. 8-13-98;
14    91-357, eff. 7-29-99.)

15        (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
16        (Section scheduled to be repealed on January 1, 2006)
17        Sec.  3-1.  Cosmetology  defined.    Any   one   or   any
18    combination   of  the  following  practices  constitutes  the
19    practice of cosmetology when done for cosmetic or beautifying
20    purposes and not for the treatment of disease or of  muscular
21    or  nervous  disorder:  arranging,  (not braiding), dressing,
22    cutting, trimming, curling, waving,  chemical  restructuring,
23    shaping,  singeing, bleaching, coloring or similar work, upon
24    the hair of the head; cutting or trimming facial hair of  any
25    person;  any  practice  of manicuring, pedicuring, decorating
26    nails, applying  sculptured  nails  or  otherwise  artificial
27    nails  by  hand or with mechanical or electrical apparatus or
28    appliances, or in any way caring for the nails or the skin of
29    the hands  or  feet  including  massaging  the  hands,  arms,
30    elbows,  feet,  lower  legs,  and knees of another person for
31    other than the treatment of medical disorders;  any  practice
32    of  epilation  or  depilation of any person; any practice for
33    the purpose of cleansing, massaging or toning the skin of the
 
                            -3-      LRB093 08339 AMC 08558 b
 1    scalp; beautifying,  massaging,  cleansing,  exfoliating  the
 2    stratum  corneum of the epidermis, or stimulating the skin of
 3    the  human  body  by  the  use  of   cosmetic   preparations,
 4    antiseptics,   body   treatments,  body  wraps,  the  use  of
 5    hydrotherapy,  tonics,  lotions  or  creams  or  any  device,
 6    electrical or otherwise, for the care of the  skin;  applying
 7    make-up  or  eyelashes  to  any person, tinting eyelashes and
 8    eyebrows  and  lightening  hair  on  the  body  and  removing
 9    superfluous hair from the body of any person by  the  use  of
10    depilatories,  waxing  or  tweezers.   The term "cosmetology"
11    does not include the services provided by  an  electrologist.
12    Nail  technology is the practice and the study of cosmetology
13    only to the extent of manicuring, pedicuring, decorating, and
14    applying sculptured or otherwise artificial nails, or in  any
15    way  caring  for  the  nail  or the skin of the hands or feet
16    including massaging the  hands,  arms,  elbows,  feet,  lower
17    legs,   and   knees.    Cosmetologists  are  prohibited  from
18    performing any procedure that may puncture or abrade the skin
19    below the stratum corneum of the epidermis or  remove  closed
20    milia (whiteheads) which may draw blood or serous body fluid.
21    The  term  cosmetology  includes  rendering advice on what is
22    cosmetically appealing, but no person licensed under this Act
23    shall render advice on what is appropriate medical  treatment
24    for  diseases  of  the  skin.   Purveyors  of  cosmetics  may
25    demonstrate  such  cosmetic  products in conjunction with any
26    sales promotion and shall not be required to hold  a  license
27    under  this  Act.   Nothing in this Act shall be construed to
28    prohibit the shampooing of hair by persons employed for  that
29    purpose   and   who   perform  that  task  under  the  direct
30    supervision  of  a   licensed   cosmetologist   or   licensed
31    cosmetology teacher.
32    (Source: P.A. 91-863, eff. 7-1-00.)

33        Section  99.  Effective date.  This Act takes effect upon
 
                            -4-      LRB093 08339 AMC 08558 b
 1    becoming law.