Bill Status of HB 866   94th General Assembly

Short Description:  BARBER-COSMETOLOGY-REGULATION

House Sponsors
Rep. Michael P. McAuliffe-Angelo Saviano and Terry R. Parke

Senate Sponsors
(Sen. Dan Cronin-M. Maggie Crotty-Kathleen L. Wojcik)


Last Action  View All Actions

DateChamber Action
  8/4/2005HousePublic Act . . . . . . . . . 94-0451

Statutes Amended In Order of Appearance
225 ILCS 410/1-4from Ch. 111, par. 1701-4
225 ILCS 410/1-7from Ch. 111, par. 1701-7
225 ILCS 410/2-1from Ch. 111, par. 1702-1
225 ILCS 410/2-4b new
225 ILCS 410/2-7from Ch. 111, par. 1702-7
225 ILCS 410/2A-7
225 ILCS 410/3-1from Ch. 111, par. 1703-1
225 ILCS 410/3-2from Ch. 111, par. 1703-2
225 ILCS 410/3-4from Ch. 111, par. 1703-4
225 ILCS 410/3-6from Ch. 111, par. 1703-6
225 ILCS 410/3-7from Ch. 111, par. 1703-7
225 ILCS 410/3A-1from Ch. 111, par. 1703A-1
225 ILCS 410/3A-3from Ch. 111, par. 1703A-3
225 ILCS 410/3A-5from Ch. 111, par. 1703A-5
225 ILCS 410/3B-10
225 ILCS 410/3B-11
225 ILCS 410/3B-13
225 ILCS 410/3B-15
225 ILCS 410/3C-1from Ch. 111, par. 1703C-1
225 ILCS 410/3C-2from Ch. 111, par. 1703C-2
225 ILCS 410/3C-3from Ch. 111, par. 1703C-3
225 ILCS 410/3D-5
225 ILCS 410/4-1from Ch. 111, par. 1704-1
225 ILCS 410/4-1.5
225 ILCS 410/4-2from Ch. 111, par. 1704-2
225 ILCS 410/3C-4 rep.
225 ILCS 410/3C-5 rep.

Synopsis As Introduced
Amends the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985. Changes all references to the Barber, Cosmetology, Esthetics, and Nail Technology Committee to the Barber, Cosmetology, Esthetics, and Nail Technology Board. Removes licensed barbers and barber teachers from those persons allowed to hold themselves out as estheticians or esthetics teachers and engage in the practice of esthetics without being licensed as estheticians or esthetics teachers. Adds performing certain services upon the cranial prosthesis or cranial prosthetic attachment of any person to the definition of barbering and cosmetology. Sets forth qualifications for the licensure of barber clinic teachers. Prohibits cosmetologists, estheticians, and nail technicians from using any technique, product, or practice intended to affect the living layers of the skin (now, prohibits them from performing any procedure that may puncture or abrade the skin below the stratum corneum of the epidermis or remove closed milia which may draw blood or serous body fluid). Provides that in order for a person to be qualified to receive a license as a cosmetologist or nail technician, that person must be beyond the age of compulsory school attendance or have a certificate of graduation from a school providing secondary education or the recognized equivalent of that certificate (now, he or she must have graduated from an eighth grade elementary school). Provides that in order for a person to be qualified to receive a license as a cosmetology clinic teacher, esthetics clinic teacher, or nail technology clinic teacher that person must have (i) completed a clinic teacher program of a certain number of hours or (ii) within 5 years preceding the required examination, have a minimum of 2 years of practical experience working at least 30 full-time hours per week as a licensed member of the profession (now, requires the person to do both). Raises continuing education program sponsor application fees. Repeals Sections concerning pre-existing nail technology and nail technology teacher practitioners. Makes other changes.

Senate Committee Amendment No. 2
Deletes reference to:
225 ILCS 410/2-4b new
225 ILCS 410/4-1.5
Adds reference to:
5 ILCS 80/4.16
5 ILCS 80/4.26 new
225 ILCS 410/3C-9from Ch. 111, par. 1703C-9
225 ILCS 410/4-1.5 rep.

Deletes everything after the enacting clause. Reinserts the contents of the bill with the following changes. Amends the Regulatory Sunset Act to extend the repeal of the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 to January 1, 2016. Further amends the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985. Removes references to esthetics from the definition of "licensed barber" and "licensed barber teacher". Removes the provision concerning licensure as a barber clinic teacher. Makes changes to the requirements for licensure as a barber school. Changes references from "fitness" to "eligibility" as the term relates to Department of Financial and Professional Regulation-authorized examinations. Restores the provision that provides that an individual who receives a license as a cosmetology teacher shall not be required to maintain an active cosmetology license in order to practice cosmetology. Provides that the Department shall not issue any new cosmetology, esthetics, or nail technology clinic teacher licenses after January 1, 2009, but that any person issued a license as a cosmetology, esthetics, or nail technology clinic teacher before January 1, 2009, may renew the license after that date and may continue to renew the license or have the license restored during his or her lifetime, subject only to the renewal or restoration requirements for the license under the Act. Removes the provision allowing the Department to select a qualified organization that has no direct business relationship with a licensee, licensed entity, or a subsidiary of a licensed entity under the Act to maintain and verify records relating to continuing education. Provides that the continuing education requirements concerning cosmetology licensure 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 (now, the requirements do not apply to a licensee who (i) is at least 62 years of age before January 1, 1999 or (ii) has been licensed as a cosmetologist, cosmetology teacher, or cosmetology clinic teacher for at least 25 years and does not regularly work as a cosmetologist, cosmetology teacher, or cosmetology clinic teacher for more than 14 hours per week). Restores the definition of "esthetician". Removes specific question subject areas of the written esthetician license exam. In the Section concerning requisites for ownership or operation of a cosmetology, esthetics, or nail technology school, removes the requirement that the application to own or operate a school include a copy of the school's official policies and procedures, including the school's written internal complaint procedure. Provides that the Department may impose fines (now, civil penalties) not to exceed $5,000 (now $1,000) for a violation of the Act. Restores the provision that provides that the conduct of business or instructional services other than at locations approved by the Department is a ground for discipline under the Act. Provides that 2 members of the Barber, Cosmetology, Esthetics, and Nail Technology Board shall be representatives of either a franchiser or an owner operating salons in 2 or more locations within the State. Repeals the Section concerning continuing education. Makes other changes. Effective December 31, 2005.

Actions 
DateChamber Action
  2/2/2005HouseFiled with the Clerk by Rep. Angelo Saviano
  2/2/2005HouseFirst Reading
  2/2/2005HouseReferred to Rules Committee
  2/8/2005HouseAssigned to Registration and Regulation Committee
  3/9/2005HouseDo Pass / Short Debate Registration and Regulation Committee; 024-000-000
  3/10/2005HousePlaced on Calendar 2nd Reading - Short Debate
  4/8/2005HouseSecond Reading - Short Debate
  4/8/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  4/14/2005HouseChief Sponsor Changed to Rep. Jim Watson
  4/14/2005HouseAdded Chief Co-Sponsor Rep. Angelo Saviano
  4/14/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/14/2005HouseChief Sponsor Changed to Rep. Michael P. McAuliffe
  4/15/2005HouseConsideration Postponed
  4/15/2005HousePlaced on Calendar - Consideration Postponed
  4/15/2005HouseThird Reading - Short Debate - Passed 063-043-001
  4/19/2005SenateArrive in Senate
  4/19/2005SenatePlaced on Calendar Order of First Reading April 20, 2005
  4/19/2005SenateChief Senate Sponsor Sen. Dan Cronin
  4/19/2005SenateFirst Reading
  4/19/2005SenateReferred to Rules
  4/21/2005SenateAssigned to Licensed Activities
  5/3/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Dan Cronin
  5/3/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  5/4/2005SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Dan Cronin
  5/4/2005SenateSenate Committee Amendment No. 2 Referred to Rules
  5/4/2005SenateSenate Committee Amendment No. 2 Rules Refers to Licensed Activities
  5/4/2005SenateSenate Committee Amendment No. 2 Adopted
  5/5/2005SenateDo Pass as Amended Licensed Activities; 007-000-000
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  5/10/2005SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  5/10/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Kathleen L. Wojcik
  5/11/2005SenateSecond Reading
  5/11/2005SenatePlaced on Calendar Order of 3rd Reading May 12, 2005
  5/18/2005HouseAdded Co-Sponsor Rep. Terry R. Parke
  5/18/2005SenateThird Reading - Passed; 057-000-000
  5/18/2005SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/18/2005HouseArrived in House
  5/18/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/19/2005HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Michael P. McAuliffe
  5/19/2005HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/24/2005HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Registration and Regulation Committee
  5/24/2005HouseSenate Committee Amendment No. 2 Motion to Concur Recommends be Adopted Registration and Regulation Committee; 015-002-000
  5/27/2005HouseSenate Committee Amendment No. 2 House Concurs 077-039-000
  5/27/2005HousePassed Both Houses
  6/24/2005HouseSent to the Governor
  8/4/2005HouseGovernor Approved
  8/4/2005HouseEffective Date December 31, 2005
  8/4/2005HousePublic Act . . . . . . . . . 94-0451

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