101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1164

 

Introduced 2/5/2019, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 410/3-6  from Ch. 111, par. 1703-6

    Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that the Department of Financial and Professional Regulation shall, upon the request of an applicant, provide for the administration of any written examination in the Chinese, Korean, Spanish, or Vietnamese languages. Further provides that the Department shall adopt rules to ensure that the examinations are properly translated and that the examinations are consistent in terms of knowledge tested and difficulty. Provides that the Department is not required to administer a written examination in Chinese, Korean, Spanish, or Vietnamese if it determines that knowledge of the English language is a necessary qualification for the license that the applicant is seeking.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1164LRB101 09276 JRG 54370 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by
6changing Section 3-6 as follows:
 
7    (225 ILCS 410/3-6)  (from Ch. 111, par. 1703-6)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 3-6. Examination. The Department shall authorize
10examinations of applicants for licensure as cosmetologists and
11teachers of cosmetology at the times and places it may
12determine. The Department may provide by rule for the
13administration of the examination prior to the completion of
14the applicant's program of training as required in Section 3-2,
153-3, or 3-4. Notwithstanding Section 3-2, 3-3, or 3-4, an
16applicant for licensure as a cosmetologist who has completed
171,200 hours in the study of cosmetology may take the
18examination. If an applicant for licensure as a cosmetologist
19fails to pass 3 examinations conducted by the Department, the
20applicant shall, before taking a subsequent examination,
21furnish evidence of not less than 250 hours of additional study
22of cosmetology in an approved school of cosmetology since the
23applicant last took the examination. If an applicant for

 

 

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1licensure as a cosmetology teacher fails to pass 3 examinations
2conducted by the Department, the applicant shall, before taking
3a subsequent examination, furnish evidence of not less than 80
4hours of additional study in teaching methodology and
5educational psychology in an approved school of cosmetology
6since the applicant last took the examination. An applicant who
7fails to pass the fourth examination shall not again be
8admitted to an examination unless: (i) in the case of an
9applicant for licensure as a cosmetologist, the applicant again
10takes and completes a program of 1500 hours in the study of
11cosmetology in an approved school of cosmetology extending over
12a period that commences after the applicant fails to pass the
13fourth examination and that is not less than 8 months nor more
14than 7 consecutive years in duration; (ii) in the case of an
15applicant for licensure as a cosmetology teacher, the applicant
16again takes and completes a program of 1000 hours of teacher
17training in an approved school of cosmetology, except that if
18the applicant had 2 years of practical experience as a licensed
19cosmetologist within the 5 years preceding the initial
20examination taken by the applicant, the applicant must again
21take and complete a program of 500 hours of teacher training in
22an approved school of cosmetology, esthetics, or nail
23technology; or (iii) in the case of an applicant for licensure
24as a cosmetology clinic teacher, the applicant again takes and
25completes a program of 250 hours of clinic teacher training in
26a licensed school of cosmetology or an instructor's institute

 

 

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1of 20 hours. The requirements for remedial training set forth
2in this Section may be waived in whole or in part by the
3Department upon proof to the Department that the applicant has
4demonstrated competence to again sit for the examination. The
5Department shall adopt rules establishing the standards by
6which this determination shall be made. Each cosmetology
7applicant shall be given a written examination testing both
8theoretical and practical knowledge, which shall include, but
9not be limited to, questions that determine the applicant's
10knowledge of product chemistry, sanitary rules, sanitary
11procedures, chemical service procedures, hazardous chemicals
12and exposure minimization, knowledge of the anatomy of the
13skin, scalp, hair, and nails as they relate to applicable
14services under this Act and labor and compensation laws.
15    The examination of applicants for licensure as a
16cosmetology, esthetics, or nail technology teacher may include
17all of the elements of the exam for licensure as a
18cosmetologist, esthetician, or nail technician and also
19include teaching methodology, classroom management, record
20keeping, and any other related subjects that the Department in
21its discretion may deem necessary to insure competent
22performance. The Department shall, upon the request of an
23applicant, provide for the administration of any written
24examination in the Chinese, Korean, Spanish, or Vietnamese
25languages. Prior to making written examinations in Chinese,
26Korean, Spanish, and Vietnamese available to applicants, the

 

 

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1Department shall adopt rules to ensure that the examinations
2are properly translated and that the examinations are
3consistent in terms of knowledge tested and difficulty. The
4Department is not required to administer a written examination
5in Chinese, Korean, Spanish, or Vietnamese if it determines
6that knowledge of the English language is a necessary
7qualification for the license that the applicant is seeking.
8    This Act does not prohibit the practice of cosmetology by
9one who has applied in writing to the Department, in form and
10substance satisfactory to the Department, for a license as a
11cosmetologist, or the teaching of cosmetology by one who has
12applied in writing to the Department, in form and substance
13satisfactory to the Department, for a license as a cosmetology
14teacher or cosmetology clinic teacher, if the person has
15complied with all the provisions of this Act in order to
16qualify for a license, except the passing of an examination to
17be eligible to receive a license, until: (a) the expiration of
186 months after the filing of the written application, (b) the
19decision of the Department that the applicant has failed to
20pass an examination within 6 months or failed without an
21approved excuse to take an examination conducted within 6
22months by the Department, or (c) the withdrawal of the
23application.
24(Source: P.A. 99-427, eff. 8-21-15; 100-642, eff. 1-1-19;
25100-934, eff. 1-1-19.)