093_HB0350
LRB093 03776 AMC 03811 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 Regulatory Sunset Act is amended by
5 changing Section 4.16 as follows:
6 (5 ILCS 80/4.16)
7 Sec. 4.16. Acts repealed January 1, 2006. The following
8 Acts are repealed January 1, 2006:
9 The Respiratory Care Practice Act.
10 The Hearing Instrument Consumer Protection Act.
11 The Illinois Dental Practice Act.
12 The Professional Geologist Licensing Act.
13 The Illinois Athletic Trainers Practice Act.
14 The Barber, Cosmetology, Esthetics, and Nail Technology,
15 and African Hair Braiding Act of 1985.
16 The Collection Agency Act.
17 The Illinois Roofing Industry Licensing Act.
18 The Illinois Physical Therapy Act.
19 (Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95;
20 89-80, eff. 6-30-95; 89-116, eff. 7-7-95; 89-366, eff.
21 7-1-96; 89-387, eff. 8-20-95; 89-626, eff. 8-9-96.)
22 Section 10. The Barber, Cosmetology, Esthetics, and Nail
23 Technology Act of 1985 is amended by changing Sections 1-1,
24 1-7, 1-7.5, 1-10, 3D-5, 4-1, 4-2, 4-4, 4-9, 4-19, and 4-20
25 and the Article IIID heading and adding Article IIIE as
26 follows:
27 (225 ILCS 410/1-1) (from Ch. 111, par. 1701-1)
28 (Section scheduled to be repealed on January 1, 2006)
29 Sec. 1-1. Short title Title of Act. This Act may be cited
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1 as the Barber, Cosmetology, Esthetics, and Nail Technology,
2 and African Hair Braiding Act of 1985.
3 (Source: P.A. 86-1475; 87-786.)
4 (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
5 (Section scheduled to be repealed on January 1, 2006)
6 Sec. 1-7. Licensure required.
7 (a) It is unlawful for any person to practice, or to
8 hold himself or herself out to be a cosmetologist,
9 esthetician, nail technician, African hair braider, or barber
10 without a license as a cosmetologist, esthetician, nail
11 technician, African hair braider, or barber issued by the
12 Department of Professional Regulation pursuant to the
13 provisions of this Act and of the Civil Administrative Code
14 of Illinois. It is also unlawful for any person, firm,
15 partnership, or corporation to own, operate, or conduct a
16 cosmetology, esthetics, nail technology, African hair
17 braider, or barber school without a license issued by the
18 Department or to own or operate a cosmetology, esthetics, or
19 nail technology salon, African hair braiding shop, or barber
20 shop without a certificate of registration issued by the
21 Department. It is further unlawful for any person to teach
22 in any cosmetology, esthetics, nail technology, or barber
23 college or school approved by the Department or hold himself
24 or herself out as a cosmetology, esthetics, nail technology,
25 or barber teacher without a license as a teacher, issued by
26 the Department or as a cosmetology, esthetics, or nail
27 technology clinic teacher without a license as a clinic
28 teacher issued by the Department.
29 (b) Notwithstanding any other provision of this Act, a
30 person licensed as a cosmetologist or barber may hold himself
31 or herself out as an esthetician and may engage in the
32 practice of esthetics, as defined in this Act, without being
33 licensed as an esthetician. A person licensed as a
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1 cosmetology teacher or barber teacher may teach esthetics or
2 hold himself or herself out as an esthetics teacher without
3 being licensed as an esthetics teacher. A person licensed as
4 a cosmetologist may hold himself or herself out as a nail
5 technician and may engage in the practice of nail technology,
6 as defined in this Act, without being licensed as a nail
7 technician. A person licensed as a cosmetology teacher may
8 teach nail technology and hold himself or herself out as a
9 nail technology teacher without being licensed as a nail
10 technology teacher.
11 (c) A person licensed as a barber teacher may hold
12 himself or herself out as a barber and may practice barbering
13 without a license as a barber. A person licensed as a
14 cosmetology teacher may hold himself or herself out as a
15 cosmetologist, esthetician, and nail technologist and may
16 practice cosmetology, esthetics, and nail technology without
17 a license as a cosmetologist, esthetician, or nail
18 technologist. A person licensed as an esthetics teacher may
19 hold himself or herself out as an esthetician without being
20 licensed as an esthetician and may practice esthetics. A
21 person licensed as a nail technician teacher may practice
22 nail technology and may hold himself or herself out as a nail
23 technologist without being licensed as a nail technologist.
24 (d) The changes to this Section made by this amendatory
25 Act of the 93rd General Assembly apply on and after October
26 1, 2003.
27 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
28 (225 ILCS 410/1-7.5)
29 (Section scheduled to be repealed on January 1, 2006)
30 Sec. 1-7.5. Unlicensed practice; violation; civil
31 penalty.
32 (a) Any person who practices, offers to practice,
33 attempts to practice, or holds himself or herself out to
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1 practice barbering, cosmetology, esthetics, or nail
2 technology, or African hair braiding without being licensed
3 under this Act shall, in addition to any other penalty
4 provided by law, pay a civil penalty to the Department in an
5 amount not to exceed $5,000 for each offense as determined by
6 the Department. The civil penalty shall be assessed by the
7 Department after a hearing is held in accordance with the
8 provisions set forth in this Act regarding disciplining a
9 licensee.
10 (b) The Department has the authority and power to
11 investigate any and all unlicensed activity.
12 (c) The civil penalty shall be paid within 60 days after
13 the effective date of the order imposing the civil penalty.
14 The order shall constitute a judgment and may be filed and
15 execution had thereon in the same manner as any judgment from
16 any court of record.
17 (d) The changes to this Section made by this amendatory
18 Act of the 93rd General Assembly apply on and after October
19 1, 2003.
20 (Source: P.A. 89-387, eff. 1-1-96.)
21 (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
22 (Section scheduled to be repealed on January 1, 2006)
23 Sec. 1-10. Display. Every holder of a license shall
24 display it in a place in the holder's principal office, place
25 of business or place of employment. Whenever a licensed
26 cosmetologist, esthetician, nail technician, African hair
27 braider, or barber practices cosmetology, esthetics, nail
28 technology, African hair braiding, or barbering outside of or
29 away from the cosmetologist's, esthetician's, nail
30 technician's, African hair braider's, or barber's principal
31 office, place of business, or place of employment, the
32 cosmetologist, esthetician, nail technician, African hair
33 braider, or barber shall deliver to each person served a
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1 certificate of identification in a form specified by the
2 Department.
3 Every registered shop shall display its certificate of
4 registration at the location of the shop. Each shop where
5 barber, cosmetology, esthetics, or nail technology, or
6 African hair braiding services are provided shall have a
7 certificate of registration.
8 The changes to this Section made by this amendatory Act
9 of the 93rd General Assembly apply on and after October 1,
10 2003.
11 (Source: P.A. 89-387, eff. 1-1-96.)
12 (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
13 (Section scheduled to be repealed on January 1, 2006)
14 Sec. 3-1. Cosmetology defined. Any one or any
15 combination of the following practices constitutes the
16 practice of cosmetology when done for cosmetic or beautifying
17 purposes and not for the treatment of disease or of muscular
18 or nervous disorder: arranging, braiding, dressing, cutting,
19 trimming, curling, waving, chemical restructuring, shaping,
20 singeing, bleaching, coloring or similar work, upon the hair
21 of the head; cutting or trimming facial hair of any person;
22 any practice of manicuring, pedicuring, decorating nails,
23 applying sculptured nails or otherwise artificial nails by
24 hand or with mechanical or electrical apparatus or
25 appliances, or in any way caring for the nails or the skin of
26 the hands or feet including massaging the hands, arms,
27 elbows, feet, lower legs, and knees of another person for
28 other than the treatment of medical disorders; any practice
29 of epilation or depilation of any person; any practice for
30 the purpose of cleansing, massaging or toning the skin of the
31 scalp; beautifying, massaging, cleansing, exfoliating the
32 stratum corneum of the epidermis, or stimulating the skin of
33 the human body by the use of cosmetic preparations,
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1 antiseptics, body treatments, body wraps, the use of
2 hydrotherapy, tonics, lotions or creams or any device,
3 electrical or otherwise, for the care of the skin; applying
4 make-up or eyelashes to any person, tinting eyelashes and
5 eyebrows and lightening hair on the body and removing
6 superfluous hair from the body of any person by the use of
7 depilatories, waxing or tweezers. The term "cosmetology"
8 does not include the services provided by an electrologist.
9 Nail technology is the practice and the study of cosmetology
10 only to the extent of manicuring, pedicuring, decorating, and
11 applying sculptured or otherwise artificial nails, or in any
12 way caring for the nail or the skin of the hands or feet
13 including massaging the hands, arms, elbows, feet, lower
14 legs, and knees. Cosmetologists are prohibited from
15 performing any procedure that may puncture or abrade the skin
16 below the stratum corneum of the epidermis or remove closed
17 milia (whiteheads) which may draw blood or serous body fluid.
18 The term cosmetology includes rendering advice on what is
19 cosmetically appealing, but no person licensed under this Act
20 shall render advice on what is appropriate medical treatment
21 for diseases of the skin. Purveyors of cosmetics may
22 demonstrate such cosmetic products in conjunction with any
23 sales promotion and shall not be required to hold a license
24 under this Act. Nothing in this Act shall be construed to
25 prohibit the shampooing of hair by persons employed for that
26 purpose and who perform that task under the direct
27 supervision of a licensed cosmetologist or licensed
28 cosmetology teacher. The practice of cosmetology does not
29 include the practice of African hair braiding as defined in
30 Article IIIE of this Act.
31 (Source: P.A. 91-863, eff. 7-1-00.)
32 (225 ILCS 410/Art. IIID heading)
33 ARTICLE IIID. COSMETOLOGY, ESTHETICS, NAIL TECHNOLOGY
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1 SALONS, AFRICAN HAIR BRAIDING SHOPS,
2 AND BARBER SHOPS
3 (225 ILCS 410/3D-5)
4 (Section scheduled to be repealed on January 1, 2006)
5 Sec. 3D-5. Requisites for ownership or operation of
6 cosmetology, esthetics, and nail technology salons, African
7 hair braiding shops, and barber shops.
8 (a) No person, firm, partnership, limited liability
9 company, or corporation shall own or operate a cosmetology,
10 esthetics, or nail technology salon, African hair braiding
11 shop, or barber shop without first applying on forms provided
12 by the Department for a certificate of registration.
13 (b) The application for a certificate of registration
14 under this Section shall set forth the name, address, and
15 telephone number of the proposed cosmetology, esthetics, or
16 nail technology salon, African hair braiding shop, or barber
17 shop; the name, address, and telephone number of the person,
18 firm, partnership, or corporation that is to own or operate
19 the salon or shop; and, if the salon or shop is to be owned
20 or operated by an entity other than an individual, the name,
21 address, and telephone number of the managing partner or the
22 chief executive officer of the corporation or other entity
23 that owns or operates the salon or shop.
24 (c) The Department shall be notified by the owner or
25 operator of a salon or shop that is moved to a new location.
26 If there is a change in the ownership or operation of a salon
27 or shop, the new owner or operator shall report that change
28 to the Department along with completion of any additional
29 requirements set forth by rule.
30 (d) If a person, firm, partnership, limited liability
31 company, or corporation owns or operates more than one shop
32 or salon, a separate certificate of registration must be
33 obtained for each salon or shop.
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1 (e) A certificate of registration granted under this
2 Section may be revoked in accordance with the provisions of
3 Article IV and the holder of the certificate may be otherwise
4 disciplined by the Department in accordance with rules
5 adopted under this Act.
6 (f) The Department may promulgate rules to establish
7 additional requirements for owning or operating a salon or
8 shop.
9 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
10 (225 ILCS 410/Art. IIIE heading new)
11 ARTICLE IIIE. AFRICAN HAIR BRAIDERS
12 (225 ILCS 410/3E-5 new)
13 (Section scheduled to be repealed on January 1, 2006)
14 Sec. 3E-5. African hair braiding defined. Any one or
15 any combination of the following practices constitutes the
16 practice of African hair braiding: To braid, weave, twist,
17 style, trim, arrange, dress, curl, wave, straighten, singe,
18 chemically restructure, bleach, tint, color, or similarly
19 work upon the hair of any person with African cultural
20 emphasis. Nothing in this Act shall be construed to prohibit
21 the shampooing of hair by persons employed for that purpose
22 and who perform the shampooing under the direct supervision
23 of a licensed African hair braider.
24 (225 ILCS 410/3E-10 new)
25 (Section scheduled to be repealed on January 1, 2006)
26 Sec. 3E-10. Qualifications for licensure as an African
27 hair braider. A person is qualified to receive a license as
28 an African hair braider if that person has applied in writing
29 on forms prescribed by the Department, has paid the required
30 fees, and meets all of the following qualifications:
31 (1) Is at least 16 years of age.
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1 (2) Has a certificate of graduation from a school
2 providing secondary education or the recognized
3 equivalent of such a certificate or is beyond the age of
4 compulsory school attendance.
5 (3) Has graduated from a school of African hair
6 braiding approved by the Department after consultation
7 with the African Hair Braiders Association, having
8 completed a total of 1500 hours in the study of African
9 hair braiding extending over a period of not less than 9
10 months nor more than 3 years. A school of African hair
11 braiding authorized by this Section may, consistent with
12 the rules of the Department, accept up to 500 hours of
13 cosmetology school training at a recognized cosmetology
14 school toward the 1500 hours required under this Section.
15 Time spent in such study under the laws of another state
16 or territory of the United States or of a foreign country
17 or province shall be credited toward the period of study
18 required under this Section.
19 (4) Has passed an examination conducted by the
20 Department or its designated testing service to determine
21 fitness to receive a license as a African hair braider.
22 (5) Has met all of the other requirements of this
23 Act.
24 (225 ILCS 410/3E-15 new)
25 (Section scheduled to be repealed on January 1, 2006)
26 Sec. 3E-15. Grandfathering. If an applicant for
27 licensure as an African hair braider applies on or before
28 October 1, 2003, the Department shall accept a verified 10
29 years of African hair braiding experience, which may include
30 cosmetology experience, before July 1, 2003 in lieu of the
31 requirements in items (3) and (4) of Section 3E-10 of this
32 Act.
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1 (225 ILCS 410/3E-20 new)
2 (Section scheduled to be repealed on January 1, 2006)
3 Sec. 3E-20. Application of Article. This Article does
4 not prohibit a person licensed under any other Article of
5 this Act from engaging in the practice for which he or she is
6 licensed.
7 (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
8 (Section scheduled to be repealed on January 1, 2006)
9 Sec. 4-1. Powers and duties of Department. The
10 Department shall exercise, subject to the provisions of this
11 Act, the following functions, powers and duties:
12 (1) To cause to be conducted examinations to ascertain
13 the qualifications and fitness of applicants for licensure as
14 cosmetologists, estheticians, nail technicians, African hair
15 braiders, or barbers and as cosmetology, esthetics, nail
16 technology, or barbering teachers.
17 (2) To establish qualifications for licensure as a
18 cosmetologist, esthetician, nail technician, African hair
19 braider, or barber or cosmetology, esthetics, nail
20 technology, or barber teacher or cosmetology, esthetics, or
21 nail technology clinic teachers for persons currently
22 licensed as cosmetologists, estheticians, nail technicians,
23 or barbers or cosmetology, esthetics, nail technology, or
24 barber teachers or cosmetology, esthetics, or nail technology
25 clinic teachers outside the State of Illinois or the
26 continental U.S.
27 (3) To prescribe rules for:
28 (i) The method of examination of candidates for
29 licensure as a cosmetologist, esthetician, nail
30 technician, African hair braider, or barber or
31 cosmetology, esthetics, nail technology, or barbering
32 teacher.
33 (ii) Minimum standards as to what constitutes an
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1 approved school of cosmetology, esthetics, nail
2 technology, African hair braiding, or barbering.
3 (4) To conduct investigations or hearings on proceedings
4 to determine disciplinary action.
5 (5) To prescribe reasonable rules governing the sanitary
6 regulation and inspection of cosmetology, esthetics, nail
7 technology, or barbering schools.
8 (6) To prescribe, subject to and consistent with the
9 provisions of Section 4-1.5, reasonable rules for the method
10 of renewal for each license as a cosmetologist, esthetician,
11 nail technician, African hair braider, or barber or
12 cosmetology, esthetics, nail technology, or barbering teacher
13 or cosmetology, esthetics, or nail technology clinic teacher.
14 (7) To prescribe reasonable rules for the method of
15 registration, the issuance, fees, renewal and discipline of a
16 certificate of registration for the ownership or operation of
17 cosmetology, esthetics, and nail technology salons, African
18 hair braiding shops, and barber shops.
19 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
20 (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
21 (Section scheduled to be repealed on January 1, 2006)
22 Sec. 4-2. The Barber, Cosmetology, Esthetics, and Nail
23 Technology, and African Hair Braiding Committee. There is
24 established within the Department the Barber, Cosmetology,
25 Esthetics, and Nail Technology, and African Hair Braiding
26 Committee, composed of 13 11 persons designated from time to
27 time by the Director to advise the Director in all matters
28 related to the practice of barbering, cosmetology, esthetics,
29 and nail technology, and African hair braiding.
30 The 13 11 members of the Committee shall be appointed as
31 follows: 6 licensed cosmetologists, all of whom hold a
32 current license as a cosmetologist or cosmetology teacher
33 and, for appointments made after the effective date of this
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1 amendatory Act of 1996, at least 2 of whom shall be an owner
2 of or a major stockholder in a school of cosmetology, one of
3 whom shall be a representative of a franchiser with 5 or more
4 locations within the State, one of whom shall be a
5 representative of an owner operating salons in 5 or more
6 locations within the State, one of whom shall be an
7 independent salon owner, and no one of the cosmetologist
8 members shall be a manufacturer, jobber, or stockholder in a
9 factory of cosmetology articles or an immediate family member
10 of any of the above; 2 members of whom shall be barbers
11 holding a current license; 2 members shall be licensed
12 African hair braiders; one member who shall be a licensed
13 esthetician or esthetics teacher; one member who shall be a
14 licensed nail technician or nail technology teacher; and one
15 public member who holds no licenses issued by the Department.
16 The Director shall give due consideration for membership to
17 recommendations by members of the professions and by their
18 professional organizations. Members shall serve 4 year terms
19 and until their successors are appointed and qualified. No
20 member shall be reappointed to the Committee for more than 2
21 terms. Appointments to fill vacancies shall be made in the
22 same manner as original appointments for the unexpired
23 portion of the vacated term. Members of the Committee in
24 office on the effective date of this amendatory Act of 1996
25 shall continue to serve for the duration of the terms to
26 which they have been appointed, but beginning on that
27 effective date all appointments of licensed cosmetologists
28 and barbers to serve as members of the Committee shall be
29 made in a manner that will effect at the earliest possible
30 date the changes made by this amendatory Act of 1996 in the
31 representative composition of the Committee.
32 Whenever the Director is satisfied that substantial
33 justice has not been done in an examination, the Director may
34 order a reexamination by the same or other examiners.
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1 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
2 90-580, eff. 5-21-98.)
3 (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
4 (Section scheduled to be repealed on January 1, 2006)
5 Sec. 4-4. Issuance of license. Whenever the provisions
6 of this Act have been complied with, the Department shall
7 issue a license as a cosmetologist, esthetician, nail
8 technician, African hair braider, or barber, a license as a
9 cosmetology, esthetics, nail technology, or barbering
10 teacher, or a license as a cosmetology, esthetics, or nail
11 technology clinic teacher as the case may be.
12 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
13 (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
14 (Section scheduled to be repealed on January 1, 2006)
15 Sec. 4-9. Practice without a license or after suspension
16 or revocation thereof.
17 (a) If any person violates the provisions of this Act,
18 the Director may, in the name of the People of the State of
19 Illinois, through the Attorney General of the State of
20 Illinois, petition, for an order enjoining such violation or
21 for an order enforcing compliance with this Act. Upon the
22 filing of a verified petition in such court, the court may
23 issue a temporary restraining order, without notice or bond,
24 and may preliminarily and permanently enjoin such violation,
25 and if it is established that such person has violated or is
26 violating the injunction, the Court may punish the offender
27 for contempt of court. Proceedings under this Section shall
28 be in addition to, and not in lieu of, all other remedies and
29 penalties provided by this Act.
30 (b) If any person shall practice as a barber,
31 cosmetologist, nail technician, African hair braider, or
32 esthetician, or teacher thereof or cosmetology, esthetics, or
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1 nail technology clinic teacher or hold himself out as such
2 without being licensed under the provisions of this Act, any
3 licensee, any interested party, or any person injured thereby
4 may, in addition to the Director, petition for relief as
5 provided in subsection (a) of this Section.
6 (c) Whenever in the opinion of the Department any person
7 violates any provision of this Act, the Department may issue
8 a rule to show cause why an order to cease and desist should
9 not be entered against him. The rule shall clearly set forth
10 the grounds relied upon by the Department and shall provide a
11 period of 7 days from the date of the rule to file an answer
12 to the satisfaction of the Department. Failure to answer to
13 the satisfaction of the Department shall cause an order to
14 cease and desist to be issued immediately.
15 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
16 (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
17 (Section scheduled to be repealed on January 1, 2006)
18 Sec. 4-19. Emergency suspension. The Director may
19 temporarily suspend the license of a barber, cosmetologist,
20 nail technician, African hair braider, esthetician or teacher
21 thereof or of a cosmetology, esthetics, or nail technology
22 clinic teacher without a hearing, simultaneously with the
23 institution of proceedings for a hearing provided for in
24 Section 4-10 of this Act, if the Director finds that evidence
25 in his possession indicates that the licensee's continuation
26 in practice would constitute an imminent danger to the
27 public. In the event that the Director suspends,
28 temporarily, this license without a hearing, a hearing must
29 be held within 30 days after such suspension has occurred.
30 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
31 (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
32 (Section scheduled to be repealed on January 1, 2006)
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1 Sec. 4-20. Violations; penalties. Whoever violates any
2 of the following shall, for the first offense, be guilty of a
3 Class B misdemeanor; for the second offense, shall be guilty
4 of a Class A misdemeanor; and for all subsequent offenses,
5 shall be guilty of a Class 4 felony and be fined not less
6 than $1,000 or more than $5,000.
7 (1) The practice of cosmetology, nail technology,
8 esthetics, African hair braiding, or barbering or an attempt
9 to practice cosmetology, nail technology, esthetics, African
10 hair braiding, or barbering without a license as a
11 cosmetologist, nail technician, esthetician, African hair
12 braider, or barber or a cosmetology, nail technology,
13 esthetics, or barbering teacher without a license as a
14 cosmetology, nail technology, esthetics or barbering teacher
15 or as a cosmetology, esthetics, or nail technology clinic
16 teacher without a proper license.
17 (2) The obtaining of or an attempt to obtain a license
18 or money or any other thing of value by fraudulent
19 misrepresentation.
20 (3) Practice in the barber, nail technology,
21 cosmetology, African hair braiding, or esthetic profession,
22 or an attempt to practice in those professions by fraudulent
23 misrepresentation.
24 (4) Wilfully making any false oath or affirmation
25 whenever an oath or affirmation is required by this Act.
26 (5) The violation of any of the provisions of this Act.
27 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.