SB1384 95TH GENERAL ASSEMBLY

LRB095 08954 RAS 29145 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1384

Introduced 2/9/2007, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:

225 ILCS 410/3-1	from Ch. 111, par. 1703-1
225 ILCS 410/Art. IIIE heading new
225 ILCS 410/3E-1 new
225 ILCS 410/3E-5 new

Amends the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985. Removes braiding from the list of practices that constitute the practice of cosmetology. Adds an Article concerning hair braiders. Provides that beginning 9 months after the effective date of the amendatory Act, no person may operate or be employed as a hair braider in this State unless he or she possesses a valid certificate of health, safety, and hygiene instruction issued by the Department. Sets forth requirements for the issuance of the certificate. Grants rulemaking authority to the Department of Financial and Professional Regulation.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 is amended by changing Section 3-1 and by adding Article IIIE as follows:

(225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3-1. Cosmetology defined. Any one or any combination of the following practices constitutes the practice of cosmetology when done for cosmetic or beautifying purposes and not for the treatment of disease or of muscular or nervous disorder: arranging, braiding, dressing, cutting, trimming, curling, waving, chemical restructuring, shaping, singeing, bleaching, coloring or similar work, upon the hair of the head or any cranial prosthesis; cutting or trimming facial hair of any person; any practice of manicuring, pedicuring, decorating nails, applying sculptured nails or otherwise artificial nails by hand or with mechanical or electrical apparatus or appliances, or in any way caring for the nails or the skin of the hands or feet including massaging the hands, arms, elbows, feet, lower legs, and knees of another person for other than the treatment of medical disorders; any practice of epilation or depilation of any person; any practice for the purpose of cleansing, massaging or toning the skin of the scalp; beautifying, massaging, cleansing, exfoliating, or stimulating the stratum corneum of the epidermis by the use of cosmetic preparations, body treatments, body wraps, the use of hydrotherapy, or any device, electrical, mechanical, or otherwise; applying make-up or eyelashes to any person or lightening hair on the body and removing superfluous hair from the body of any person by the use of depilatories, waxing or tweezers. The term "cosmetology" does not include the services provided by an electrologist. Nail technology is the practice and the study of cosmetology only to the extent of manicuring, pedicuring, decorating, and applying sculptured or otherwise artificial nails, or in any way caring for the nail or the skin of the hands or feet including massaging the hands, arms, elbows, feet, lower legs, and knees. Cosmetologists are prohibited from using any technique, product, or practice intended to affect the living layers of the skin. The term cosmetology includes rendering advice on what is cosmetically appealing, but no person licensed under this Act shall render advice on what is appropriate medical treatment for diseases of the skin. Purveyors of cosmetics may demonstrate such cosmetic products in conjunction with any sales promotion and shall not be required to hold a license under this Act. Nothing in this Act shall be construed to prohibit the shampooing of hair by persons employed for that purpose and who perform that task under the direct supervision of a licensed cosmetologist or licensed cosmetology teacher.

(Source: P.A. 94-451, eff. 12-31-05.)

(225 ILCS 410/Art. IIIE heading new)

ARTICLE IIIE. HAIR BRAIDERS

(225 ILCS 410/3E-1 new)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3E-1. Hair braider defined. For the purposes of this Article, "hair braider" means any person who, for compensation, practices any one or any combination of the following processes: the process of interweaving an individual's natural hair; the process of interweaving together synthetic hair with human hair by hand; or similar work upon the hair of any person, which does not otherwise constitute the practice of cosmetology as defined in Section 3-1 of this Act.

(225 ILCS 410/3E-5 new)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3E-5. Certificate of health, safety, and hygiene instruction required.

(a) Beginning 9 months after the effective date of this amendatory Act of the 95th General Assembly, no person may operate or be employed as a hair braider in this State unless he or she possesses a valid certificate of health, safety, and hygiene instruction issued by the Department.

(b) The Department shall issue a certificate of health, safety, and hygiene instruction to any person who (i) has completed 100 hours of Department-approved cosmetology instruction in the areas of health, safety, and hygiene and (ii) has passed an examination given by the Department.

(c) The Department shall adopt rules necessary for the implementation and administration of this Article.