94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5784

 

Introduced 04/25/06, by Rep. Rich Brauer

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 410/3-1   from Ch. 111, par. 1703-1
225 ILCS 410/3A-1   from Ch. 111, par. 1703A-1

    Amends the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985. Provides that cosmetology and esthetics include the practice of tinting eyelashes and eyebrows.


LRB094 20169 RAS 57964 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5784 LRB094 20169 RAS 57964 b

1     AN ACT concerning regulation.
 
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 Sections 3-1 and
6 3A-1 as follows:
 
7     (225 ILCS 410/3-1)  (from Ch. 111, par. 1703-1)
8     (Section scheduled to be repealed on January 1, 2016)
9     Sec. 3-1. Cosmetology defined. Any one or any combination
10 of the following practices constitutes the practice of
11 cosmetology when done for cosmetic or beautifying purposes and
12 not for the treatment of disease or of muscular or nervous
13 disorder: arranging, braiding, dressing, cutting, trimming,
14 curling, waving, chemical restructuring, shaping, singeing,
15 bleaching, coloring or similar work, upon the hair of the head
16 or any cranial prosthesis; cutting or trimming facial hair of
17 any person; any practice of manicuring, pedicuring, decorating
18 nails, applying sculptured nails or otherwise artificial nails
19 by hand or with mechanical or electrical apparatus or
20 appliances, or in any way caring for the nails or the skin of
21 the hands or feet including massaging the hands, arms, elbows,
22 feet, lower legs, and knees of another person for other than
23 the treatment of medical disorders; any practice of epilation
24 or depilation of any person; any practice for the purpose of
25 cleansing, massaging or toning the skin of the scalp;
26 beautifying, massaging, cleansing, exfoliating, or stimulating
27 the stratum corneum of the epidermis by the use of cosmetic
28 preparations, body treatments, body wraps, the use of
29 hydrotherapy, or any device, electrical, mechanical, or
30 otherwise; or applying make-up or eyelashes to any person,
31 tinting eyelashes and eyebrows, or lightening hair on the body,
32 or and removing superfluous hair from the body of any person by

 

 

HB5784 - 2 - LRB094 20169 RAS 57964 b

1 the use of depilatories, waxing or tweezers. The term
2 "cosmetology" does not include the services provided by an
3 electrologist. Nail technology is the practice and the study of
4 cosmetology only to the extent of manicuring, pedicuring,
5 decorating, and applying sculptured or otherwise artificial
6 nails, or in any way caring for the nail or the skin of the
7 hands or feet including massaging the hands, arms, elbows,
8 feet, lower legs, and knees. Cosmetologists are prohibited from
9 using any technique, product, or practice intended to affect
10 the living layers of the skin. The term cosmetology includes
11 rendering advice on what is cosmetically appealing, but no
12 person licensed under this Act shall render advice on what is
13 appropriate medical treatment for diseases of the skin.
14 Purveyors of cosmetics may demonstrate such cosmetic products
15 in conjunction with any sales promotion and shall not be
16 required to hold a license under this Act. Nothing in this Act
17 shall be construed to prohibit the shampooing of hair by
18 persons employed for that purpose and who perform that task
19 under the direct supervision of a licensed cosmetologist or
20 licensed cosmetology teacher.
21 (Source: P.A. 94-451, eff. 12-31-05.)
 
22     (225 ILCS 410/3A-1)  (from Ch. 111, par. 1703A-1)
23     (Section scheduled to be repealed on January 1, 2016)
24     Sec. 3A-1. Esthetics defined.
25     (A) Any one or combination of the following practices, when
26 done for cosmetic or beautifying purposes and not for the
27 treatment of disease or of a muscular or nervous disorder,
28 constitutes the practice of esthetics:
29         1. Beautifying, massaging, cleansing, exfoliating, or
30     stimulating the stratum corneum of the epidermis by the use
31     of cosmetic preparations, body treatments, body wraps,
32     hydrotherapy, or any device, electrical, mechanical, or
33     otherwise, for the care of the skin;
34         2. Applying make-up or eyelashes to any person, tinting
35     eyelashes and eyebrows, or lightening hair on the body

 

 

HB5784 - 3 - LRB094 20169 RAS 57964 b

1     except the scalp; and
2         3. Removing superfluous hair from the body of any
3     person.
4     However, esthetics does not include the services provided
5 by a cosmetologist or electrologist. Estheticians are
6 prohibited from using techniques, products, and practices
7 intended to affect the living layers of the skin. The term
8 esthetics includes rendering advice on what is cosmetically
9 appealing, but no person licensed under this Act shall render
10 advice on what is appropriate medical treatment for diseases of
11 the skin.
12     (B) "Esthetician" means any person who, with hands or
13 mechanical or electrical apparatus or appliances, engages only
14 in the use of cosmetic preparations, body treatments, body
15 wraps, hydrotherapy, makeups, antiseptics, tonics, lotions,
16 creams or other preparations or in the practice of massaging,
17 cleansing, exfoliating the stratum corneum of the epidermis,
18 stimulating, manipulating, beautifying, grooming or similar
19 work on the face, neck, arms and hands or body in a superficial
20 mode, and not for the treatment of medical disorders.
21 (Source: P.A. 94-451, eff. 12-31-05.)