State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ]

90_SB1251eng

      225 ILCS 410/3-7          from Ch. 111, par. 1703-7
          Amends  the  Barber,  Cosmetology,  Esthetics,  and  Nail
      Technology Act of 1985  to  make  a  technical  change  to  a
      Section concerning cosmetology licensure, renewal, continuing
      education, and military service.
                                                    LRB9008499NTsbA
SB1251 Engrossed                              LRB9008499NTsbA
 1        AN  ACT  to amend the Barber, Cosmetology, Esthetics, and
 2    Nail Technology Act of 1985 by changing Section 3-7.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Barber, Cosmetology, Esthetics, and Nail
 6    Technology Act of 1985 is amended by changing Section 3-7  as
 7    follows:
 8        (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
 9        Sec.   3-7.  Licensure;  renewal;  continuing  education;
10    military service.  The holder of a license issued under  this
11    Article III may renew that license during the month preceding
12    the  expiration  date  thereof  by  paying  the required fee,
13    giving such evidence  as  the  Department  may  prescribe  of
14    completing not less than 14 hours of continuing education for
15    a  cosmetologist,  and 24 hours of continuing education for a
16    cosmetology teacher or cosmetology clinic teacher, within the
17    2 years prior to renewal.  The training shall be in  subjects
18    approved  by  the  Department  as  prescribed  by  rule  upon
19    recommendation of the Committee.
20        A license that has been expired for more than 5 years may
21    be  restored by payment of the restoration fee and submitting
22    evidence  satisfactory  to  the  Department  of  the  current
23    qualifications and  fitness  of  the  licensee,  which  shall
24    include  completion  of  continuing  education  hours for the
25    period subsequent to expiration.
26        The Department shall establish by rule a  means  for  the
27    verification   of  completion  of  the  continuing  education
28    required  by  this  Section.   This   verification   may   be
29    accomplished   through   audits   of  records  maintained  by
30    registrants, by requiring the filing of continuing  education
31    certificates   with   the   Department,  or  by  other  means
SB1251 Engrossed            -2-               LRB9008499NTsbA
 1    established by the Department.  The Department may  select  a
 2    qualified   organization   that   has   no   direct  business
 3    relationship with a licensee, licensed entity or a subsidiary
 4    of a licensed entity under this Act to  maintain  and  verify
 5    records relating to continuing education.
 6        A  license  issued  under the provisions of this Act that
 7    has expired while the holder of the license was  engaged  (1)
 8    in federal service on active duty with the Army of the United
 9    States,  the  United  States  Navy, the Marine Corps, the Air
10    Force, the Coast Guard, or any Women's Auxiliary thereof,  or
11    the  State Militia called into the service or training of the
12    United States of America, or (2)  in  training  or  education
13    under  the  supervision  of  the United States preliminary to
14    induction into the military service,  may  be  reinstated  or
15    restored  without  the  payment  of  any lapsed renewal fees,
16    reinstatement fee, or restoration fee if within 2 years after
17    the termination of this such service, training, or  education
18    other  than  by  dishonorable discharge, the holder furnishes
19    the Department with an affidavit to the effect that he or she
20    has been so engaged and that his or her service, training, or
21    education has been so terminated.
22        The Department, in its discretion, may waive  enforcement
23    of  the  continuing education requirement in this Section and
24    shall adopt rules defining the  standards  and  criteria  for
25    that waiver under the following circumstances:
26             (a)  the  licensee resides in a locality where it is
27        demonstrated that the absence of opportunities  for  such
28        education   would  interfere  with  the  ability  of  the
29        licensee to provide service to the public;
30             (b)  that to comply with  the  continuing  education
31        requirements would cause a substantial financial hardship
32        on the licensee;
33             (c)  that  the  licensee  is  serving  in the United
34        States Armed Forces; or
SB1251 Engrossed            -3-               LRB9008499NTsbA
 1             (d)  that  the  licensee  is  incapacitated  due  to
 2        illness.
 3        The continuing education requirements of this Section  do
 4    not  apply  to a licensee who (i) is at least 62 years of age
 5    or (ii) has been licensed  as  a  cosmetologist,  cosmetology
 6    teacher,  or cosmetology clinic teacher for at least 30 years
 7    and does not regularly work as a  cosmetologist,  cosmetology
 8    teacher, or cosmetology clinic teacher for more than 16 hours
 9    per week.
10    (Source:  P.A.  89-387,  eff.  1-1-96;  89-706, eff. 1-31-97;
11    90-302, eff. 8-1-97.)

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