093_HB2231eng HB2231 Engrossed 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 Section 3-1 and 6 adding Article IIIE as follows: 7 (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1) 8 (Section scheduled to be repealed on January 1, 2006) 9 Sec. 3-1. Cosmetology defined. Any one or any 10 combination of the following practices constitutes the 11 practice of cosmetology when done for cosmetic or beautifying 12 purposes and not for the treatment of disease or of muscular 13 or nervous disorder: arranging, braiding (except as provided 14 under Article IIIE), dressing, cutting, trimming, curling, 15 waving, chemical restructuring, shaping, singeing, bleaching, 16 coloring or similar work, upon the hair of the head; cutting 17 or trimming facial hair of any person; any practice of 18 manicuring, pedicuring, decorating nails, applying sculptured 19 nails or otherwise artificial nails by hand or with 20 mechanical or electrical apparatus or appliances, or in any 21 way caring for the nails or the skin of the hands or feet 22 including massaging the hands, arms, elbows, feet, lower 23 legs, and knees of another person for other than the 24 treatment of medical disorders; any practice of epilation or 25 depilation of any person; any practice for the purpose of 26 cleansing, massaging or toning the skin of the scalp; 27 beautifying, massaging, cleansing, exfoliating the stratum 28 corneum of the epidermis, or stimulating the skin of the 29 human body by the use of cosmetic preparations, antiseptics, 30 body treatments, body wraps, the use of hydrotherapy, tonics, 31 lotions or creams or any device, electrical or otherwise, for HB2231 Engrossed -2- LRB093 08339 AMC 08558 b 1 the care of the skin; applying make-up or eyelashes to any 2 person, tinting eyelashes and eyebrows and lightening hair on 3 the body and removing superfluous hair from the body of any 4 person by the use of depilatories, waxing or tweezers. The 5 term "cosmetology" does not include the services provided by 6 an electrologist. Nail technology is the practice and the 7 study of cosmetology only to the extent of manicuring, 8 pedicuring, decorating, and applying sculptured or otherwise 9 artificial nails, or in any way caring for the nail or the 10 skin of the hands or feet including massaging the hands, 11 arms, elbows, feet, lower legs, and knees. Cosmetologists 12 are prohibited from performing any procedure that may 13 puncture or abrade the skin below the stratum corneum of the 14 epidermis or remove closed milia (whiteheads) which may draw 15 blood or serous body fluid. The term cosmetology includes 16 rendering advice on what is cosmetically appealing, but no 17 person licensed under this Act shall render advice on what is 18 appropriate medical treatment for diseases of the skin. 19 Purveyors of cosmetics may demonstrate such cosmetic products 20 in conjunction with any sales promotion and shall not be 21 required to hold a license under this Act. Nothing in this 22 Act shall be construed to prohibit the shampooing of hair by 23 persons employed for that purpose and who perform that task 24 under the direct supervision of a licensed cosmetologist or 25 licensed cosmetology teacher. 26 (Source: P.A. 91-863, eff. 7-1-00.) 27 (225 ILCS 410/Art. IIIE heading new) 28 ARTICLE IIIE. HAIR BRAIDING SHOPS 29 (225 ILCS 410/3E-5 new) 30 (Section scheduled to be repealed on January 1, 2006) 31 Sec. 3E-5. Requisites for ownership or operation of hair 32 braiding shops. HB2231 Engrossed -3- LRB093 08339 AMC 08558 b 1 (a) No person, firm, partnership, limited liability 2 company, or corporation shall own or operate a hair braiding 3 shop without first applying on forms provided by the 4 Department for a certificate of registration. All hair 5 braiding shops in operation on the effective date of this 6 amendatory Act of the 93rd General Assembly shall register 7 with the Department within 30 days after the effective date 8 of this amendatory Act of the 93rd General Assembly. 9 (b) The application for a certificate of registration 10 under this Section shall set forth the name, address, and 11 telephone number of the hair braiding shop; the name, 12 address, and telephone number of the person, firm, 13 partnership, or corporation that is to own or operate the 14 shop; and, if the shop is to be owned or operated by an 15 entity other than an individual, the name, address, and 16 telephone number of the managing partner or the chief 17 executive officer of the corporation or other entity that 18 owns or operates the shop. 19 (c) The Department shall be notified by the owner or 20 operator of a shop that is moved to a new location. If there 21 is a change in the ownership or operation of a shop, the new 22 owner or operator shall report that change to the Department 23 along with completion of any additional requirements set 24 forth by rule. 25 (d) If a person, firm, partnership, limited liability 26 company, or corporation owns or operates more than one shop, 27 a separate certificate of registration must be obtained for 28 each shop. 29 (e) A certificate of registration granted under this 30 Section may be revoked in accordance with the provisions of 31 Article IV and the holder of the certificate may be otherwise 32 disciplined by the Department in accordance with rules 33 adopted under this Act. 34 (f) The owner or operator of a hair braiding shop must HB2231 Engrossed -4- LRB093 08339 AMC 08558 b 1 be a licensed cosmetologist who works on the premises of the 2 hair braiding shop, except as provided in subsection (h). 3 (g) Each person employed as a hair braider at a hair 4 braiding shop must (i) have completed 500 hours of 5 cosmetology instruction in the areas of health, safety, and 6 hygiene and (ii) have passed an examination as determined by 7 the Department, except as provided in subsection (h). 8 (h) Notwithstanding the other provisions of this Act, a 9 person who is not a licensed cosmetologist but, on the 10 effective date of this Section, owned or operated or was 11 employed as a hair braider at a shop that registers under 12 this Section within 30 days after that effective date may 13 braid hair at that shop under the following conditions: 14 (1) for a period of up to 8 months after the 15 effective date of this Section, while the person is 16 engaged in completing 500 hours of cosmetology 17 instruction in the areas of health, safety, and hygiene, 18 provided that the act of braiding is performed under the 19 direct supervision of a licensed cosmetologist who is on 20 the shop premises at all times to perform the application 21 of any chemicals, dyes, or colorings, the cutting of 22 hair, and hygiene-related services; and 23 (2) in the case of an owner or operator who 24 completes the 500 hours of cosmetology instruction in the 25 areas of health, safety, and hygiene within the initial 26 8-month period in a manner satisfactory to the 27 Department, then for an additional period of up to 16 28 months while the owner or operator continues to pursue 29 the cosmetology instruction required for licensure, 30 provided that the act of braiding is performed under the 31 direct supervision of a licensed cosmetologist who is 32 either on the shop premises or available on call to 33 perform the application of any chemicals, dyes, or 34 colorings, the cutting of hair, and hygiene-related HB2231 Engrossed -5- LRB093 08339 AMC 08558 b 1 services. 2 To become eligible to provide hair braiding services 3 under this subsection (h), a person must register with the 4 Department within the 30 days after the effective date of 5 this Section. To remain eligible, a person must provide from 6 time to time such documentation as the Department may 7 require. 8 (i) The Department may promulgate rules for the 9 administration of this Section and may establish additional 10 requirements for owning or operating a hair braiding shop. 11 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.