Full Text of HB5783 96th General Assembly
HB5783 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5783
Introduced 2/9/2010, by Rep. William D. Burns SYNOPSIS AS INTRODUCED: |
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Amends the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985. Changes the short title to the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
Technology Act of 1985. Provides for the licensure of hair braiders and hair braiding teachers. Defines "hair braiding". Provides that a person licensed as a cosmetologist may engage in the practice of hair braiding without being licensed as a hair braider. Provides that a person licensed as a cosmetology teacher may teach hair braiding without being licensed as a hair braiding teacher. Sets out provisions concerning qualifications for licensure and renewal, including continuing education requirements. Provides that hair braiding schools may establish an internship program. Provides that the Department shall take no action against any unlicensed hair braider for acts that occurred prior to the effective date of the amendatory Act. Replaces all references to "Director" in the Act with "Secretary". Defines "Secretary", "licensed hair braider", and "licensed hair braiding teacher". Makes other changes. Updates cross-references to the new short title in the Regulatory Sunset Act and the Unified Code of Corrections.
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A BILL FOR
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HB5783 |
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LRB096 16775 ASK 32075 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Barber, Cosmetology, Esthetics, and Nail
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| Technology Act of 1985 is amended by changing the heading of | 6 |
| Articles IIIB and IIID and Sections 1-1, 1-4, 1-7, 1-7.5, 1-10, | 7 |
| 1-11, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15, 3D-5, 4-1, 4-2, 4-4, | 8 |
| 4-6, 4-7, 4-8, 4-9, 4-10, 4-12, 4-14, 4-15, 4-16, 4-19, and | 9 |
| 4-20 and by adding Article IIIE as follows:
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| (225 ILCS 410/1-1) (from Ch. 111, par. 1701-1)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 1-1. Title of Act. This Act may be cited as the | 13 |
| Barber, Cosmetology, Esthetics, Hair Braiding, and Nail | 14 |
| Technology Act of 1985.
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| (Source: P.A. 86-1475; 87-786 .)
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| (225 ILCS 410/1-4) (from Ch. 111, par. 1701-4)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 1-4. Definitions. In this Act the following words | 19 |
| shall have the
following meanings:
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| "Board" means the Barber, Cosmetology, Esthetics, and Nail | 21 |
| Technology Board.
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| "Department" means the Department of Financial and |
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| Professional Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Licensed barber" means an individual licensed by the | 4 |
| Department
to practice barbering as defined in this Act and | 5 |
| whose
license is in good standing.
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| "Licensed barber clinic teacher" means an individual | 7 |
| licensed by the Department to practice barbering, as defined in | 8 |
| this Act, and to provide clinical instruction in the practice | 9 |
| of barbering in an approved school of barbering.
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| "Licensed cosmetologist" means an individual licensed by | 11 |
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Department to practice cosmetology, nail technology, and | 12 |
| esthetics as
defined in this Act and whose license is in good | 13 |
| standing.
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| "Licensed esthetician" means an individual
licensed by the
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| Department to practice esthetics as defined in this Act and | 16 |
| whose
license is in good standing.
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| "Licensed nail technician" means any individual
licensed | 18 |
| by
the Department to practice nail technology as defined in | 19 |
| this Act and whose
license is in good standing.
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| "Licensed barber teacher" means an individual
licensed
by | 21 |
| the Department to practice barbering as defined in this Act
and | 22 |
| to provide instruction in the theory and practice of barbering | 23 |
| to students in an approved barber school.
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| "Licensed cosmetology teacher" means an individual
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| licensed by the Department to practice cosmetology,
esthetics, | 26 |
| and nail technology as defined in this Act
and to provide |
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| instruction in the theory and
practice of cosmetology, | 2 |
| esthetics, and nail technology to
students in an approved | 3 |
| cosmetology, esthetics, or nail technology school.
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| "Licensed cosmetology clinic teacher" means an individual | 5 |
| licensed by the
Department to practice cosmetology, esthetics, | 6 |
| and nail technology as defined
in this Act and to provide | 7 |
| clinical instruction in the practice of cosmetology,
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| esthetics, and nail technology in an approved school of | 9 |
| cosmetology, esthetics,
or nail technology.
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| "Licensed esthetics teacher" means an individual
licensed | 11 |
| by
the Department to practice esthetics as defined in this Act | 12 |
| and to provide
instruction in the theory and practice of | 13 |
| esthetics
to students in an approved cosmetology or esthetics | 14 |
| school.
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| "Licensed esthetics clinic teacher" means an individual | 16 |
| licensed by the
Department to practice esthetics as defined in | 17 |
| this Act and to provide clinical
instruction in the practice of | 18 |
| esthetics in an approved school of cosmetology
or an approved | 19 |
| school of esthetics.
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| "Licensed hair braider" means any individual licensed by | 21 |
| the Department to practice hair braiding as defined in Section | 22 |
| 3E-1 and whose license is in good standing. | 23 |
| "Licensed hair braiding teacher" means an individual | 24 |
| licensed by the Department to practice hair braiding and to | 25 |
| provide instruction in the theory and practice of hair braiding | 26 |
| to students in an approved cosmetology school. |
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| "Licensed nail technology teacher" means an individual
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| licensed by the Department to practice nail technology and
to | 3 |
| provide instruction in the theory and
practice of nail | 4 |
| technology to students in an approved nail technology school
or | 5 |
| cosmetology school.
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| "Licensed nail technology clinic teacher" means an | 7 |
| individual licensed by
the Department to practice nail | 8 |
| technology as defined in this Act and to
provide clinical | 9 |
| instruction in the practice of nail technology in an approved
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| school of cosmetology or an approved school of nail technology.
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| "Enrollment" is the date upon which the student signs an
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| enrollment agreement or student contract.
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| "Enrollment agreement" or "student contract" is any | 14 |
| agreement,
instrument, or contract however named, which | 15 |
| creates or evidences an
obligation binding a student to | 16 |
| purchase a course of instruction from a school.
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| "Enrollment time" means the maximum number of hours a | 18 |
| student
could have attended class, whether or not the student | 19 |
| did in fact attend
all those hours.
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| "Elapsed enrollment time" means the enrollment time | 21 |
| elapsed between
the actual starting date and the date of the | 22 |
| student's last day of physical
attendance in the school.
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| "Secretary" means the Secretary of the Department of | 24 |
| Financial and Professional Regulation. | 25 |
| (Source: P.A. 94-451, eff. 12-31-05; 94-871, eff. 6-16-06.)
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| (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 1-7. Licensure required; renewal.
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| (a) It is unlawful for any person to practice, or to hold | 5 |
| himself or
herself out to be a cosmetologist, esthetician, nail | 6 |
| technician, hair braider, or
barber without a license as a | 7 |
| cosmetologist,
esthetician, nail technician, hair braider or | 8 |
| barber issued by the Department of Financial and
Professional | 9 |
| Regulation pursuant to the provisions of this Act and of the
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| Civil Administrative Code of Illinois. It is also unlawful for | 11 |
| any person,
firm, partnership, or corporation to own, operate, | 12 |
| or conduct a
cosmetology, esthetics, nail technology, hair | 13 |
| braiding salon, or barber school
without a license
issued by | 14 |
| the Department or to own or operate a cosmetology, esthetics, | 15 |
| or nail
technology , or hair braiding salon or barber shop | 16 |
| without a certificate of registration issued
by the Department. | 17 |
| It is further unlawful for any person to teach in any
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| cosmetology, esthetics, nail technology, hair braiding, or | 19 |
| barber college or school
approved by the Department or hold | 20 |
| himself or herself out as a cosmetology,
esthetics, hair | 21 |
| braiding, nail technology, or barber teacher without a license | 22 |
| as a teacher,
issued by the Department
or as a barber clinic | 23 |
| teacher or cosmetology, esthetics,
hair braiding, or nail | 24 |
| technology clinic teacher without a license as a clinic teacher | 25 |
| issued
by the
Department.
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| (b) Notwithstanding any other provision of this Act, a |
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| person licensed as a
cosmetologist may hold himself or herself | 2 |
| out as
an esthetician and may engage in the practice of | 3 |
| esthetics, as defined in this
Act, without being licensed as an | 4 |
| esthetician. A person
licensed as a cosmetology teacher may
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| teach esthetics or hold himself or herself out as an esthetics | 6 |
| teacher without
being licensed as an esthetics teacher. A | 7 |
| person
licensed as a cosmetologist may hold himself or herself | 8 |
| out
as a nail technician and may engage in the practice of nail | 9 |
| technology, as
defined in this Act, without being licensed as a | 10 |
| nail
technician. A person licensed as a cosmetology teacher may
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| teach nail technology and hold himself or herself out as a nail | 12 |
| technology
teacher without being licensed as a nail
technology | 13 |
| teacher. A person licensed as a cosmetologist may hold himself | 14 |
| or herself out as a hair braider and may engage in the practice | 15 |
| of hair braiding, as defined in this Act, without being | 16 |
| licensed as a hair braider. A person licensed as a cosmetology | 17 |
| teacher may teach hair braiding and hold himself or herself out | 18 |
| as a hair braiding teacher without being licensed as a hair | 19 |
| braiding teacher.
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| (c) A person licensed as a barber teacher may hold himself | 21 |
| or herself out
as a barber and may practice barbering without a | 22 |
| license as a barber. A person
licensed as a cosmetology teacher | 23 |
| may hold himself or herself out as a
cosmetologist, | 24 |
| esthetician, hair braider, and nail technologist and may | 25 |
| practice cosmetology,
esthetics, hair braiding, and nail | 26 |
| technology without a license as a cosmetologist,
esthetician, |
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| hair braider, or nail technologist. A person licensed as an | 2 |
| esthetics teacher
may hold himself or herself out as an | 3 |
| esthetician without being licensed as an
esthetician and may | 4 |
| practice esthetics. A person licensed as a nail technician
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| teacher may practice nail technology and may hold himself or | 6 |
| herself out as a
nail technologist without being licensed as a | 7 |
| nail technologist.
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| (d) The holder of a license issued under this Act may renew | 9 |
| that license during the month preceding the expiration date of | 10 |
| the license by paying the required fee.
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| (Source: P.A. 94-451, eff. 12-31-05; 94-871, eff. 6-16-06.)
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| (225 ILCS 410/1-7.5)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 1-7.5. Unlicensed practice; violation; civil penalty.
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| (a) Any person who practices, offers to practice, attempts | 16 |
| to practice, or
holds himself or herself out to practice | 17 |
| barbering, cosmetology, esthetics, hair braiding, or
nail | 18 |
| technology without being licensed under this Act shall, in
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| addition to any other penalty provided by law, pay a civil | 20 |
| penalty to the
Department in an amount not to exceed $5,000 for | 21 |
| each offense as determined by
the Department. The civil penalty | 22 |
| shall be assessed by the Department after a
hearing is held in | 23 |
| accordance with the provisions set forth in this Act
regarding | 24 |
| disciplining a licensee.
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| (b) The Department has the authority and power to |
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| investigate any and all
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after | 3 |
| the effective date
of the order imposing the civil penalty. The | 4 |
| order shall constitute a judgment
and may be filed and | 5 |
| execution had thereon in the same manner as any judgment
from | 6 |
| any court of record.
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| (Source: P.A. 89-387, eff. 1-1-96 .)
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| (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 1-10. Display. Every holder of a
license shall display | 11 |
| it in a place in the
holder's principal office, place of | 12 |
| business or place of employment.
Whenever a licensed | 13 |
| cosmetologist, esthetician, nail
technician, hair braider, or | 14 |
| barber practices cosmetology, esthetics, nail technology, hair | 15 |
| braiding, or
barbering outside of or away from the | 16 |
| cosmetologist's, esthetician's, nail
technician's, hair | 17 |
| braider's, or barber's principal office, place of business, or | 18 |
| place of
employment, the cosmetologist, esthetician, nail | 19 |
| technician, hair braider, or barber shall
deliver to each | 20 |
| person served a certificate of identification in a form
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| specified by the Department.
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| Every registered shop shall display its certificate of | 23 |
| registration at the
location of the shop. Each shop where | 24 |
| barber, cosmetology, esthetics, hair braiding, or nail
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| technology services are provided shall have a certificate of |
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| registration.
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| (Source: P.A. 89-387, eff. 1-1-96 .)
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| (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 1-11. Exceptions to Act.
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| (a) Nothing in this Act shall be construed to apply to the | 7 |
| educational
activities conducted in connection with any | 8 |
| monthly, annual or other
special educational program of any | 9 |
| bona fide association of licensed
cosmetologists, | 10 |
| estheticians, nail technicians, hair braiders, or barbers, or
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| licensed cosmetology, esthetics, nail technology, hair | 12 |
| braiding, or barber
schools from which the general public is | 13 |
| excluded.
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| (b) Nothing in this Act shall be construed to apply to the | 15 |
| activities
and services of registered nurses or licensed | 16 |
| practical nurses, as defined in
the Nurse Practice Act, or to | 17 |
| personal care or health
care services
provided by individuals | 18 |
| in the performance of their duties as employed or
authorized by | 19 |
| facilities or programs licensed or certified by State agencies.
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| As used in this subsection (b), "personal care" means | 21 |
| assistance with meals,
dressing, movement, bathing, or other | 22 |
| personal needs or maintenance or general
supervision and | 23 |
| oversight of the physical and mental well-being of an
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| individual who is incapable of maintaining a private,
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| independent residence or who is incapable of managing his or |
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| her person whether
or not a guardian has been appointed for | 2 |
| that individual.
The definition of "personal care" as used in | 3 |
| this subsection (b) shall not
otherwise be construed to negate | 4 |
| the requirements of this Act or its rules.
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| (c) Nothing in this Act shall be deemed to require | 6 |
| licensure of
individuals employed by the motion picture, film, | 7 |
| television, stage play or
related industry for the purpose of | 8 |
| providing cosmetology or esthetics
services to actors of that | 9 |
| industry while engaged in the practice of
cosmetology or | 10 |
| esthetics as a part of that person's employment.
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| (Source: P.A. 95-639, eff. 10-5-07.)
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| (225 ILCS 410/Art. IIIB heading) | 13 |
| ARTICLE IIIB. COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
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| AND NAIL TECHNOLOGY SCHOOLS
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| (225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 3B-1. Application. The provisions of this Article are | 18 |
| applicable
only to cosmetology, esthetics, hair braiding, and | 19 |
| nail technology schools
regulated under this Act.
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| (Source: P.A. 89-387, eff. 1-1-96 .)
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| (225 ILCS 410/3B-10)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 3B-10. Requisites for ownership or operation of |
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| school. No person,
firm, or corporation may own, operate, or | 2 |
| conduct a school of cosmetology,
esthetics, hair braiding, or | 3 |
| nail technology for the purpose of teaching cosmetology,
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| esthetics, hair braiding, or nail technology for compensation | 5 |
| without applying on forms
provided by the Department, paying | 6 |
| the required fees, and complying with the
following | 7 |
| requirements:
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| 1. The applicant must submit to the Department for | 9 |
| approval:
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| a. A floor plan, drawn to a scale specified on the | 11 |
| floor plan,
showing every detail of the proposed | 12 |
| school; and
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| b. A lease commitment or proof of ownership for the | 14 |
| location of the
proposed school; a lease commitment | 15 |
| must provide for execution of the lease
upon the | 16 |
| Department's approval of the school's application and | 17 |
| the lease must
be for a period of at least one year.
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| c. (Blank).
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| 2. An application to own or operate a school shall | 20 |
| include the following:
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| a. If the owner is a corporation, a copy of the | 22 |
| Articles of
Incorporation;
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| b. If the owner is a partnership, a listing of all | 24 |
| partners and their
current addresses;
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| c. If the applicant is an owner, a completed | 26 |
| financial statement showing
the owner's ability to |
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| operate the school for at least 3 months;
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| d. A copy of the official enrollment agreement or | 3 |
| student contract to be
used by the school, which shall | 4 |
| be consistent with the requirements of
this Act;
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| e. A listing of all teachers who will be in the | 6 |
| school's employ,
including their teacher license | 7 |
| numbers;
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| f. A copy of the curricula that will be followed;
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| g. The names, addresses, and current status of all | 10 |
| schools in which the
applicant has previously owned any | 11 |
| interest, and a declaration as to whether
any of these | 12 |
| schools were ever denied accreditation or licensing or | 13 |
| lost
accreditation or licensing from any governmental | 14 |
| body or accrediting agency;
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| h. Each application for a certificate of approval | 16 |
| shall be signed and
certified under oath by the | 17 |
| school's chief managing employee and also by
its | 18 |
| individual owner or owners; if the applicant is a | 19 |
| partnership or a
corporation, then the application | 20 |
| shall be signed and certified under oath by
the | 21 |
| school's chief managing employee and also by each | 22 |
| member of the partnership
or each officer of the | 23 |
| corporation, as the case may be;
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| i. A copy of the school's official transcript; and
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| j. The required fee.
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| 3. Each application for a license to operate a
school |
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| shall also contain the following commitments:
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| a. To conduct the school in accordance with this | 3 |
| Act and the standards,
and rules from time to time | 4 |
| adopted under this Act and to meet standards and
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| requirements at least as stringent as those required by | 6 |
| Part H of the Federal
Higher Education Act of 1965.
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| b. To permit the Department to inspect the school | 8 |
| or classes thereof
from time to time with or without | 9 |
| notice; and to make available to the
Department, at any | 10 |
| time when required to do so, information including
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| financial information pertaining to the activities of | 12 |
| the school required
for the administration of this Act | 13 |
| and the standards and rules adopted under
this Act;
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| c. To utilize only advertising and solicitation | 15 |
| which is free from
misrepresentation, deception, | 16 |
| fraud, or other misleading or unfair trade
practices;
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| d. To screen applicants to the school prior to | 18 |
| enrollment pursuant to
the requirements of the | 19 |
| school's regional or national accrediting agency,
if | 20 |
| any, and to maintain any and all records of such | 21 |
| screening. If the
course of instruction is offered in a | 22 |
| language other than English, the
screening shall also | 23 |
| be performed in that language;
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| e. To post in a conspicuous place a statement, | 25 |
| developed by the
Department, of student's rights | 26 |
| provided under this Act.
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| 4. The applicant shall establish to the satisfaction of | 2 |
| the Department
that the owner possesses sufficient liquid | 3 |
| assets to meet the prospective
expenses of the school for a | 4 |
| period of 3 months. In the discretion of
the Department, | 5 |
| additional proof of financial ability may be required.
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| 5. The applicant shall comply with all rules of the | 7 |
| Department determining
the necessary curriculum and | 8 |
| equipment required for the conduct of the school.
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| 6. The applicant must demonstrate employment of a | 10 |
| sufficient number of
qualified teachers who are holders of | 11 |
| a current license issued by the
Department.
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| 7.
A final inspection of the cosmetology, esthetics, | 13 |
| hair braiding, or nail technology school shall be
made by | 14 |
| the Department before the school may commence classes.
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| 8. A written inspection report must be made by the | 16 |
| State Fire Marshal or a local fire authority approving the | 17 |
| use of the proposed premises as a cosmetology, esthetics, | 18 |
| hair braiding, or nail technology school.
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| (Source: P.A. 94-451, eff. 12-31-05.)
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| (225 ILCS 410/3B-11)
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| (Section scheduled to be repealed on January 1, 2016)
| 22 |
| Sec. 3B-11. Periodic review of cosmetology, esthetics , | 23 |
| hair braiding, and nail technology
schools. The Department | 24 |
| shall review at least biennially all approved schools
and | 25 |
| courses of instruction. The biennial review shall include |
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| consideration of
a comparison between the graduation or | 2 |
| completion rate for the school and the
graduation or completion | 3 |
| rate for the schools within that classification of
schools. | 4 |
| Consideration shall be given to complaints and information | 5 |
| forwarded
to the Department by the Federal Trade Commission, | 6 |
| Better Business Bureaus, the
Illinois Attorney General's | 7 |
| Office, a State's Attorney's Office,
other State or official | 8 |
| approval agencies, local school officials, and
interested | 9 |
| persons. The Department shall investigate all complaints
filed | 10 |
| with the Department about a school or its sales | 11 |
| representatives.
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| A school shall retain
the records, as defined by rule, of a | 13 |
| student
who withdraws from or drops out of the school, by | 14 |
| written notice of
cancellation or otherwise, for any period | 15 |
| longer than 7 years from the
student's first day of attendance. | 16 |
| However, a school shall retain indefinitely
the transcript of | 17 |
| each student who completes the program and
graduates from the | 18 |
| school.
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| (Source: P.A. 94-451, eff. 12-31-05.)
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| (225 ILCS 410/3B-12)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 3B-12. Enrollment agreements.
| 23 |
| (a) Enrollment agreements shall be used by cosmetology, | 24 |
| esthetics, hair braiding, and nail
technology schools licensed | 25 |
| to operate by the Department and shall include the
following |
|
|
|
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|
| 1 |
| written disclosures:
| 2 |
| (1) The name and address of the school and the | 3 |
| addresses where instruction
will be given;
| 4 |
| (2) The name and description of the course of | 5 |
| instruction, including the
number
of clock hours in each | 6 |
| course and an approximate number of weeks or months
| 7 |
| required for completion;
| 8 |
| (3) The scheduled starting date and calculated | 9 |
| completion date;
| 10 |
| (4) The total cost of the course of instruction | 11 |
| including any charges made
by the school for tuition, | 12 |
| books, materials, supplies, and other expenses;
| 13 |
| (5) A clear and conspicuous statement that the contract | 14 |
| is a legally
binding instrument when signed by the student | 15 |
| and accepted by the school;
| 16 |
| (6) A clear and conspicuous caption, "BUYER'S RIGHT TO | 17 |
| CANCEL" under which
it is explained that the student has | 18 |
| the right to cancel the initial enrollment
agreement until | 19 |
| midnight of the fifth business day after the student has | 20 |
| been
enrolled; and if notice of the right to cancel is not | 21 |
| given to any prospective
student at the time the enrollment | 22 |
| agreement is signed, then the student has
the right to | 23 |
| cancel the agreement at any time and receive a refund of | 24 |
| all
monies paid to date within 10 days of cancellation;
| 25 |
| (7) A notice to the students that the cancellation must | 26 |
| be in writing and
given to the registered agent, if any, or |
|
|
|
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LRB096 16775 ASK 32075 b |
|
| 1 |
| managing employee of the school;
| 2 |
| (8) The school's refund policy for unearned tuition, | 3 |
| fees, and other
charges;
| 4 |
| (9) The date of the student's signature and the date of | 5 |
| the student's
admission;
| 6 |
| (10) The name of the school employee or agent | 7 |
| responsible for procuring,
soliciting, or enrolling the | 8 |
| student;
| 9 |
| (11) A clear statement that the institution does not | 10 |
| guarantee employment
and a statement describing the | 11 |
| school's placement assistance procedures;
| 12 |
| (12) The graduation requirements of the school;
| 13 |
| (13) The contents of the following notice, in at least | 14 |
| 10 point bold type:
| 15 |
| "NOTICE TO THE STUDENT"
| 16 |
| "Do not sign this contract before you read it or if it | 17 |
| contains
any blank space.
You are entitled to an exact copy | 18 |
| of the contract you sign."
| 19 |
| (14) A statement either in the enrollment agreement or | 20 |
| separately provided
and
acknowledged by the student | 21 |
| indicating the number of students who did not
complete the | 22 |
| course of instruction for which they enrolled for the past
| 23 |
| calendar year as compared to the number of students who | 24 |
| enrolled in school
during the school's past calendar year;
| 25 |
| (15) The following clear and conspicuous caption: | 26 |
| "COMPLAINTS AGAINST
THIS SCHOOL MAY BE REGISTERED WITH THE |
|
|
|
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LRB096 16775 ASK 32075 b |
|
| 1 |
| DEPARTMENT OF PROFESSIONAL
REGULATION", set forth with the | 2 |
| address and telephone number of the
Department's Chicago | 3 |
| and Springfield offices.
| 4 |
| (b) If the enrollment is negotiated orally in a language | 5 |
| other than English,
then copies
of the above disclosures shall | 6 |
| be tendered in the language in which the
contract was | 7 |
| negotiated prior to executing the enrollment agreement.
| 8 |
| (c) The school shall comply with all applicable | 9 |
| requirements of the Retail
Installment Sales Act in its | 10 |
| enrollment agreement or student contracts.
| 11 |
| (d) No enrollment agreement or student contract shall | 12 |
| contain a wage
assignment provision or a confession of judgment | 13 |
| clause.
| 14 |
| (e) Any provision in an enrollment agreement or student | 15 |
| contract that
purports
to waive the student's right to assert | 16 |
| against the school, or any assignee, any
claim or defense he or | 17 |
| she may have against the school arising under the
contract | 18 |
| shall be void.
| 19 |
| (f) Two copies of the enrollment agreement shall be signed | 20 |
| by the
student. One copy shall be given to the student and the | 21 |
| school shall retain
the other copy as part of the student's | 22 |
| permanent record.
| 23 |
| (Source: P.A. 89-387, eff. 1-1-96 .)
| 24 |
| (225 ILCS 410/3B-15)
| 25 |
| (Section scheduled to be repealed on January 1, 2016)
|
|
|
|
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LRB096 16775 ASK 32075 b |
|
| 1 |
| Sec. 3B-15. Grounds for disciplinary action. In addition to | 2 |
| any
other cause herein set forth the Department may refuse to | 3 |
| issue or renew and
may suspend, place on probation, or revoke | 4 |
| any license to operate a school, or
take any other action that | 5 |
| the Department may deem proper, including the
imposition of | 6 |
| fines not to exceed $5,000 for each violation, for any
one or | 7 |
| any combination of the following causes:
| 8 |
| (1) Repeated violation of any provision of this Act or | 9 |
| any standard or rule
established under this Act.
| 10 |
| (2) Knowingly furnishing false, misleading, or | 11 |
| incomplete information to the
Department or failure to | 12 |
| furnish information requested by the Department.
| 13 |
| (3) Violation of any commitment made in an application | 14 |
| for a license,
including failure to maintain standards that | 15 |
| are the same as, or substantially
equivalent to, those | 16 |
| represented in the school's applications
and
advertising.
| 17 |
| (4) Presenting to prospective students information | 18 |
| relating to the school,
or to employment opportunities or | 19 |
| opportunities for enrollment in institutions
of higher | 20 |
| learning after entering into or completing courses offered | 21 |
| by the
school, that is false, misleading, or
fraudulent.
| 22 |
| (5) Failure to provide premises or equipment or to | 23 |
| maintain them in a safe
and sanitary condition as required | 24 |
| by law.
| 25 |
| (6) Failure to maintain financial resources adequate | 26 |
| for the satisfactory
conduct of the courses of instruction |
|
|
|
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LRB096 16775 ASK 32075 b |
|
| 1 |
| offered or to retain a sufficient and
qualified | 2 |
| instructional and administrative staff.
| 3 |
| (7) Refusal to admit applicants on account of race, | 4 |
| color, creed, sex,
physical or mental handicap unrelated to | 5 |
| ability, religion, or national
origin.
| 6 |
| (8) Paying a commission or valuable consideration to | 7 |
| any person for acts or
services performed in violation of | 8 |
| this Act.
| 9 |
| (9) Attempting to confer a fraudulent degree, diploma, | 10 |
| or certificate upon a
student.
| 11 |
| (10) Failure to correct any deficiency or act of | 12 |
| noncompliance under this
Act or the standards and rules | 13 |
| established under this Act within reasonable
time limits | 14 |
| set by the Department.
| 15 |
| (11)
Conduct of business or instructional services | 16 |
| other than at locations
approved by the Department.
| 17 |
| (12) Failure to make all of the disclosures or making | 18 |
| inaccurate disclosures
to the Department or in the | 19 |
| enrollment agreement as required under this Act.
| 20 |
| (13) Failure to make appropriate refunds as required by | 21 |
| this Act.
| 22 |
| (14) Denial, loss, or withdrawal of accreditation by | 23 |
| any
accrediting agency.
| 24 |
| (15) During any
calendar year, having a failure rate of | 25 |
| 25% or greater for
those of its students who for the first | 26 |
| time take the
examination authorized by
the Department to |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| determine fitness to receive a license as a cosmetologist,
| 2 |
| cosmetology teacher, esthetician, esthetician
teacher, | 3 |
| hair braider, hair braiding teacher, nail technician, or | 4 |
| nail
technology teacher, provided that a
student who | 5 |
| transfers into the school having completed 50% or more of | 6 |
| the required program and who
takes the examination during | 7 |
| that calendar year shall not be counted for
purposes of | 8 |
| determining the school's failure rate on an
examination, | 9 |
| without
regard to whether that transfer student passes or | 10 |
| fails the examination.
| 11 |
| (16) Failure to maintain a written record indicating | 12 |
| the funds
received per student and funds paid out per | 13 |
| student. Such records shall be
maintained for a minimum of | 14 |
| 7 years and shall be made available to the
Department upon | 15 |
| request. Such records shall identify the funding source and
| 16 |
| amount for any student who has enrolled as well as any | 17 |
| other item set forth by
rule.
| 18 |
| (17) Failure to maintain a copy of the student record | 19 |
| as defined by rule.
| 20 |
| (Source: P.A. 94-451, eff. 12-31-05.)
| 21 |
| (225 ILCS 410/Art. IIID heading) | 22 |
| ARTICLE IIID. COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
| 23 |
| AND NAIL TECHNOLOGY SALONS AND BARBER SHOPS
| 24 |
| (225 ILCS 410/3D-5)
|
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2016)
| 2 |
| Sec. 3D-5. Requisites for ownership or operation of | 3 |
| cosmetology,
esthetics, hair braiding, and nail technology | 4 |
| salons and barber shops. | 5 |
| (a) No person, firm, partnership, limited liability | 6 |
| company, or corporation
shall own or operate a cosmetology, | 7 |
| esthetics, hair braiding, or nail technology salon or
barber | 8 |
| shop or employ, rent space to, or independently contract with | 9 |
| any licensee under this Act without applying on forms provided | 10 |
| by the Department for a
certificate of registration.
| 11 |
| (b) The application for a certificate of registration under | 12 |
| this Section
shall
set forth the name, address, and telephone | 13 |
| number of the proposed cosmetology,
esthetics, hair braiding, | 14 |
| or nail technology salon or barber shop; the name, address, and
| 15 |
| telephone number of the person, firm, partnership, or | 16 |
| corporation that is to
own or operate the salon or shop; and, | 17 |
| if the salon or shop is to be owned or
operated by an entity | 18 |
| other than an individual, the name, address, and
telephone | 19 |
| number of the managing partner or the chief executive officer | 20 |
| of the
corporation or other entity that owns or operates the | 21 |
| salon or shop.
| 22 |
| (c) The Department shall be notified by the owner or | 23 |
| operator of a salon or
shop that is moved to a new location. If | 24 |
| there is a change in the ownership or
operation of a salon or | 25 |
| shop, the new owner or operator shall report that
change to the | 26 |
| Department along with completion of any additional |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| requirements
set forth by rule.
| 2 |
| (d) If a person, firm, partnership, limited liability | 3 |
| company, or
corporation owns or operates more than one shop or | 4 |
| salon, a separate
certificate of registration must be obtained | 5 |
| for each salon or shop.
| 6 |
| (e) A certificate of registration granted under this | 7 |
| Section may be revoked
in accordance with the provisions of | 8 |
| Article IV and the holder of the
certificate may be otherwise | 9 |
| disciplined by the Department in accordance with
rules adopted | 10 |
| under this Act.
| 11 |
| (f) The Department may promulgate rules to establish | 12 |
| additional
requirements for owning or operating a salon or | 13 |
| shop.
| 14 |
| (Source: P.A. 94-451, eff. 12-31-05.)
| 15 |
| (225 ILCS 410/Art. IIIE heading new) | 16 |
| ARTICLE IIIE. HAIR BRAIDING AND HAIR BRAIDING TEACHERS | 17 |
| (225 ILCS 410/3E-1 new) | 18 |
| Sec. 3E-1. Hair braiding defined. "Hair braiding" means a | 19 |
| natural form of hair manipulation by braiding, cornrowing, | 20 |
| extending, lacing, locking, sewing, twisting, weaving, or | 21 |
| wrapping human hair, natural fibers, synthetic fibers, and hair | 22 |
| extensions. Such practice can be performed by hand or by using | 23 |
| simple braiding devices including clips, combs, hairpins, | 24 |
| scissors, needles and thread. Hair braiding includes what is |
|
|
|
HB5783 |
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|
| 1 |
| commonly known as "African-style hair braiding" or "natural | 2 |
| hair care", but is not limited to any particular cultural, | 3 |
| ethnic, racial, or religious form of hair style. Hair braiding | 4 |
| includes the making of customized wigs from natural hair, | 5 |
| natural fibers, synthetic fibers, and hair extensions. Hair | 6 |
| braiding does not involve the use of penetrating chemical hair | 7 |
| treatments, chemical hair coloring agents, chemical hair | 8 |
| straightening agents, chemical hair joining agents, permanent | 9 |
| wave styles, or chemical hair bleaching agents applied to | 10 |
| growing human hair. Hair braiding does not include the cutting | 11 |
| or growing of human hair, but may include the trimming of hair | 12 |
| extensions or sewn weave-in extensions only as applicable to | 13 |
| the braiding process. | 14 |
| (225 ILCS 410/3E-2 new) | 15 |
| Sec. 3E-2. Hair braider licensure; qualifications. | 16 |
| (a) A person is qualified to receive a license as a hair | 17 |
| braider if he or she has filed an application on forms provided | 18 |
| by the Department, paid the required fees, and meets the | 19 |
| following qualifications: | 20 |
| (1) Is at least 16 years of age; | 21 |
| (2) Is beyond the age of compulsory school attendance | 22 |
| or has received a certificate of graduation from a school | 23 |
| providing secondary education, or the recognized | 24 |
| equivalent of that certificate; and | 25 |
| (3) Has completed a program consisting of a minimum of |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| 300 clock hours or a 10 credit hour equivalency of | 2 |
| instruction in a licensed cosmetology school teaching a | 3 |
| hair braiding curriculum or in a licensed hair braiding | 4 |
| school as follows: | 5 |
| (A) Basic training consisting of 35 hours of | 6 |
| classroom instruction in general theory, practical | 7 |
| application, and technical application in the | 8 |
| following subject areas: history of hair braiding, | 9 |
| personal hygiene and public health, professional | 10 |
| ethics, disinfection and sanitation, bacteriology, | 11 |
| disorders and diseases of the hair and scalp, OSHA | 12 |
| standards relating to material safety data sheets | 13 |
| (MSDS) on chemicals, hair analysis and scalp care, and | 14 |
| technical procedures; | 15 |
| (B) Related concepts consisting of 35 hours of | 16 |
| classroom instruction in the following subject areas: | 17 |
| Braid removal and scalp care; basic styling knowledge; | 18 |
| tools and equipment; growth patterns, styles and | 19 |
| sectioning; client consultation and face shapes; and | 20 |
| client education, pre-care, post-care, home care and | 21 |
| follow-up services; | 22 |
| (C) Practices and procedures consisting of 200 | 23 |
| hours of instruction, which shall be a combination of | 24 |
| classroom instruction and clinical practical | 25 |
| application, in the following subject areas: single | 26 |
| braids with and without extensions; cornrows with and |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| without extensions; twists and knots; multiple | 2 |
| strands; hair locking; weaving/sewn-in; other | 3 |
| procedures as they relate to hair-braiding; and | 4 |
| product knowledge as it relates to hair braiding; and | 5 |
| (D) Business practices consisting of 30 hours of | 6 |
| classroom instruction in the following subject areas: | 7 |
| Illinois Barber, Cosmetology, Esthetics, Hair Braiding | 8 |
| and Nail Technology Act and Rules; salon management; | 9 |
| human relations and salesmanship; and Workers’ | 10 |
| Compensation Act. | 11 |
| (b) A hair braiding license shall be valid for 2 years. | 12 |
| (c) Within 2 years after the effective date of this | 13 |
| amendatory Act of the 96th General Assembly, the Department | 14 |
| shall issue a hair braider license to any applicant who does | 15 |
| not meet the requirements of items (2) and (3) of subsection | 16 |
| (a) of this Section, but is able to demonstrate to the | 17 |
| Department through tax records or affidavits that he or she has | 18 |
| practiced hair braiding for at least 2 consecutive years | 19 |
| immediately prior to the date of his or her application. | 20 |
| A hair braider who obtains his or her license under this | 21 |
| subsection (c) may renew his or her license if he or she | 22 |
| applies to the Department for renewal and has completed at | 23 |
| least 65 hours of relevant training in health, safety, hygiene, | 24 |
| and business management in accordance with the requirements of | 25 |
| this Section or any rule adopted pursuant to this Section. A | 26 |
| hair braider who renews his or her license under this |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| subsection (c) may thereafter only renew his or her license if | 2 |
| he or she meets the requirements of Section 3E-5 of this Act. | 3 |
| (225 ILCS 410/3E-3 new) | 4 |
| Sec. 3E-3. Hair braiding teacher licensure. A hair braiding | 5 |
| teacher license shall be made available by the Department. The | 6 |
| qualifications for a hair braiding teacher license shall be | 7 |
| provided by rule, and shall include at least 600 clock hours or | 8 |
| a 20 credit hour equivalency in relevant teaching methods and | 9 |
| curriculum content, or at least 500 clock hours of hair | 10 |
| braiding teacher training for an individual who is able to | 11 |
| establish that he or she has had at least 2 years of practical | 12 |
| experience. | 13 |
| (225 ILCS 410/3E-4 new) | 14 |
| Sec. 3E-4. Internship program. | 15 |
| (a) An internship program may be part of the curriculum for | 16 |
| hair braiding and shall be an organized, pre-planned training | 17 |
| program designed to allow a student to learn hair braiding | 18 |
| under the direct supervision of a licensed cosmetologist or | 19 |
| licensed hair braider in a registered salon. A licensed | 20 |
| cosmetology or hair braiding school may establish an internship | 21 |
| program as part of its curriculum subject to the following | 22 |
| conditions: | 23 |
| (1) Students may only participate in the internship | 24 |
| program after completing 150 hours of training and must |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| maintain a minimum average grade of 80 out of 100. A school | 2 |
| may set the minimum grade average higher and establish | 3 |
| additional standards for participation in an internship | 4 |
| program. | 5 |
| (2) Students may not spend more than 30 hours in the | 6 |
| internship program. | 7 |
| (3) Students may not be paid for participating in the | 8 |
| internship program that is part of the hair braiding | 9 |
| curriculum of the school. | 10 |
| (4) Students may not work more than 8 hours per day in | 11 |
| the internship program and must spend at least one day per | 12 |
| week at the school. | 13 |
| (5) Students shall be under the direct supervision of | 14 |
| an on-site licensed cosmetologist or licensed hair | 15 |
| braider, and the supervising cosmetologist or hair braider | 16 |
| may only supervise one hair braiding student at a time. | 17 |
| (6) The hair braiding school shall state clearly in its | 18 |
| student contract that the school offers an internship | 19 |
| program as part of its hair braiding curriculum. | 20 |
| (7) The hair braiding school shall enter into a written | 21 |
| internship contract with the student, the registered | 22 |
| salon, and the licensed cosmetologist or licensed hair | 23 |
| braider that contains all of the provisions set forth in | 24 |
| this Section and Section 3E-2. The contract shall be signed | 25 |
| by the student, an authorized representative of the school, | 26 |
| and the licensed cosmetologist or licensed hair braider who |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| will supervise the student. The internship contract may be | 2 |
| terminated by any of the parties at any time. | 3 |
| (b) If an internship program meets the requirements of | 4 |
| subsection (a) of this Section, a maximum of 30 hours spent | 5 |
| under the internship program may be credited toward meeting the | 6 |
| 300 hours of instruction required by Section 3E-2. | 7 |
| (c) A hair braiding student shall not be permitted to | 8 |
| practice on the public until he or she has successfully | 9 |
| completed the 35 hours of general theory, practical | 10 |
| application, and technical application instruction as | 11 |
| specified in Section 3E-2. | 12 |
| (225 ILCS 410/3E-5 new) | 13 |
| Sec. 3E-5. License renewal. To renew a license issued under | 14 |
| this Article, an individual must produce proof of successful | 15 |
| completion of 10 hours of continuing education for a hair | 16 |
| braider license and 20 hours of continuing education for a hair | 17 |
| braiding teacher license. | 18 |
| (225 ILCS 410/3E-6 new) | 19 |
| Sec. 3E-6. Immunity from prosecution. The Department shall | 20 |
| take no action against any person for unlicensed practice as a | 21 |
| hair braider that occurred prior to the effective date of this | 22 |
| amendatory Act of the 96th General Assembly. The Department | 23 |
| shall not use any information provided in an application for a | 24 |
| license pursuant to subsection (c) of Section 3E-2 as evidence |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| of unlicensed practice under Article III prior to the date of | 2 |
| application.
| 3 |
| (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
| 4 |
| (Section scheduled to be repealed on January 1, 2016)
| 5 |
| Sec. 4-1. Powers and duties of Department. The Department | 6 |
| shall
exercise, subject to the provisions of this Act, the | 7 |
| following functions,
powers and duties:
| 8 |
| (1) To cause to be conducted examinations to ascertain | 9 |
| the
qualifications and fitness of applicants for licensure | 10 |
| as
cosmetologists, estheticians, nail technicians, hair | 11 |
| braiders, or barbers and as
cosmetology, esthetics, nail | 12 |
| technology, hair braiding, or barber barbering teachers.
| 13 |
| (2) To determine the qualifications for licensure as | 14 |
| (i) a
cosmetologist,
esthetician, nail technician, hair | 15 |
| braider, or barber , or (ii) a cosmetology, esthetics, nail
| 16 |
| technology, hair braiding, or barber teacher , or (iii) a | 17 |
| cosmetology, esthetics, hair braiding, or nail technology
| 18 |
| clinic teacher teachers for persons currently holding | 19 |
| similar licenses licensed as
cosmetologists, estheticians, | 20 |
| nail technicians, or barbers or cosmetology,
esthetics, | 21 |
| nail technology, or barber teachers or cosmetology, | 22 |
| esthetics, or
nail technology clinic teachers
outside the | 23 |
| State of
Illinois or the continental U.S.
| 24 |
| (3) To prescribe rules for:
| 25 |
| (i) The method of examination of candidates for |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| licensure as a
cosmetologist, esthetician, nail | 2 |
| technician, hair braider, or barber or cosmetology,
| 3 |
| esthetics, nail technology, hair braiding, or barber | 4 |
| barbering teacher.
| 5 |
| (ii) Minimum standards as to what constitutes an | 6 |
| approved
school of cosmetology, esthetics, nail | 7 |
| technology, hair braiding, or barber school barbering .
| 8 |
| (4) To conduct investigations or hearings on | 9 |
| proceedings to
determine
disciplinary action.
| 10 |
| (5) To prescribe reasonable rules governing the | 11 |
| sanitary
regulation
and inspection of cosmetology, | 12 |
| esthetics, nail technology, hair braiding, or barber | 13 |
| barbering
schools, salons, or shops.
| 14 |
| (6) To prescribe reasonable rules for the method of | 15 |
| renewal for each license
as a cosmetologist, esthetician, | 16 |
| nail technician, hair braider,
or barber or cosmetology, | 17 |
| esthetics, nail technology, hair braiding, or
barber | 18 |
| barbering teacher or cosmetology, esthetics, hair | 19 |
| braiding, or nail technology clinic
teacher.
| 20 |
| (7) To prescribe reasonable rules for the method of
| 21 |
| registration, the
issuance, fees, renewal and discipline | 22 |
| of a certificate of registration for the
ownership or | 23 |
| operation of cosmetology, esthetics, hair braiding, and | 24 |
| nail technology salons
and barber shops.
| 25 |
| (Source: P.A. 94-451, eff. 12-31-05.)
|
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
| 2 |
| (Section scheduled to be repealed on January 1, 2016)
| 3 |
| Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair | 4 |
| Braiding, and Nail Technology
Board. There is established | 5 |
| within the Department the Barber,
Cosmetology, Esthetics, Hair | 6 |
| Braiding, and Nail Technology Board, composed of 12 11
persons, | 7 |
| which shall serve in an advisory capacity to the Secretary | 8 |
| Director
in all matters related to the practice of barbering, | 9 |
| cosmetology,
esthetics, hair braiding, and nail technology.
| 10 |
| The 12 11 members of the Board shall be appointed as | 11 |
| follows: 6 licensed
cosmetologists, all of whom hold a
current | 12 |
| license as a cosmetologist or cosmetology teacher and, for | 13 |
| appointments
made
after the effective date of this amendatory | 14 |
| Act of 1996, at least
2 of whom shall be an owner of or a major | 15 |
| stockholder in a school
of cosmetology,
2 of whom shall be | 16 |
| representatives of either a franchiser or an owner operating | 17 |
| salons in 2 or more locations within the State, one of whom | 18 |
| shall be
an independent salon owner,
and no one of the
| 19 |
| cosmetologist members shall be a manufacturer, jobber, or | 20 |
| stockholder in a
factory of
cosmetology articles or an | 21 |
| immediate family member of any of the above; 2 of
whom shall be | 22 |
| barbers holding a current license; one member who shall be a
| 23 |
| licensed esthetician or esthetics teacher; one member who shall | 24 |
| be a licensed
nail technician or nail technology teacher; one | 25 |
| member who shall be a licensed hair braider or hair braiding | 26 |
| teacher; and one public member who holds no
licenses issued by |
|
|
|
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|
| 1 |
| the Department. The Secretary Director shall give due | 2 |
| consideration for membership to
recommendations by members of | 3 |
| the professions and by their professional
organizations. | 4 |
| Members shall serve 4 year terms and until their successors
are | 5 |
| appointed and qualified. No member shall be reappointed to the | 6 |
| Board for more than 2
terms. Appointments to fill vacancies | 7 |
| shall be made in the same manner as
original appointments for | 8 |
| the unexpired portion of the vacated term. Members
of
the Board | 9 |
| in office on the effective date of this amendatory Act of
1996
| 10 |
| shall continue to serve for the duration of the terms to which | 11 |
| they have been
appointed, but beginning on that effective date | 12 |
| all appointments of licensed
cosmetologists and barbers to | 13 |
| serve as members of the Board shall be made
in a manner that | 14 |
| will effect at the earliest possible date the changes made by
| 15 |
| this amendatory Act of 1996 in the representative composition | 16 |
| of
the
Board.
| 17 |
| A majority of Board members then appointed constitutes a | 18 |
| quorum. A
majority of the quorum is required for a Board | 19 |
| decision.
| 20 |
| Whenever the Secretary Director is satisfied that | 21 |
| substantial justice has
not been done in an examination, the | 22 |
| Secretary Director may order a reexamination by the
same or | 23 |
| other examiners.
| 24 |
| (Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)
| 25 |
| (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
|
|
|
|
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|
| 1 |
| (Section scheduled to be repealed on January 1, 2016)
| 2 |
| Sec. 4-4. Issuance of license. Whenever the provisions
of | 3 |
| this Act have been complied with, the Department shall issue a | 4 |
| license as a
cosmetologist, esthetician,
nail technician, hair | 5 |
| braider, or barber, a license as
a cosmetology, esthetics, nail | 6 |
| technology, hair braiding, or barber barbering teacher,
or a | 7 |
| license as a cosmetology, esthetics, hair braiding, or nail | 8 |
| technology clinic teacher
as the case may be.
| 9 |
| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97 .)
| 10 |
| (225 ILCS 410/4-6) (from Ch. 111, par. 1704-6)
| 11 |
| (Section scheduled to be repealed on January 1, 2016)
| 12 |
| Sec. 4-6. Payments; penalty for insufficient funds. Any | 13 |
| person who delivers a check or other payment to the Department | 14 |
| that
is returned to the Department unpaid by the financial | 15 |
| institution upon
which it is drawn shall pay to the Department, | 16 |
| in addition to the amount
already owed to the Department, a | 17 |
| fine of $50. The fines imposed by this
Section are in addition
| 18 |
| to any other discipline provided under this Act for unlicensed
| 19 |
| practice or practice on a nonrenewed license. The Department | 20 |
| shall notify
the person that payment of fees and fines shall be | 21 |
| paid to the Department
by certified check or money order within | 22 |
| 30 calendar days of the
notification. If, after the expiration | 23 |
| of 30 days from the date of the
notification, the person has | 24 |
| failed to submit the necessary remittance, the
Department shall | 25 |
| automatically terminate the license or certificate or deny
the |
|
|
|
HB5783 |
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|
| 1 |
| application, without hearing. If, after termination or denial, | 2 |
| the
person seeks a license or certificate, he or she shall | 3 |
| apply to the
Department for restoration or issuance of the | 4 |
| license or certificate and
pay all fees and fines due to the | 5 |
| Department. The Department may establish
a fee for the | 6 |
| processing of an application for restoration of a license or
| 7 |
| certificate to pay all expenses of processing this application. | 8 |
| The Secretary Director
may waive the fines due under this | 9 |
| Section in individual cases where the
Secretary Director finds | 10 |
| that the fines would be unreasonable or unnecessarily
| 11 |
| burdensome.
| 12 |
| (Source: P.A. 92-146, eff. 1-1-02 .)
| 13 |
| (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
| 14 |
| (Section scheduled to be repealed on January 1, 2016)
| 15 |
| Sec. 4-7. Refusal, suspension and revocation of licenses; | 16 |
| causes;
disciplinary action. | 17 |
| (1) The Department may refuse to issue or renew, and
may | 18 |
| suspend, revoke, place on probation, reprimand or take any | 19 |
| other
disciplinary action as the Department may deem proper, | 20 |
| including civil
penalties not to exceed $500 for each | 21 |
| violation, with regard to any
license for any one, or any | 22 |
| combination, of
the
following causes:
| 23 |
| a. Conviction of any crime
under the laws of the United | 24 |
| States or any state or territory thereof that
is (i) a | 25 |
| felony, (ii) a misdemeanor, an essential element
of which |
|
|
|
HB5783 |
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|
| 1 |
| is dishonesty, or (iii) a crime which is related to the | 2 |
| practice of
the profession.
| 3 |
| b. Conviction of any of the violations listed in
| 4 |
| Section 4-20.
| 5 |
| c. Material misstatement in furnishing information to | 6 |
| the Department.
| 7 |
| d. Making any misrepresentation for the purpose of | 8 |
| obtaining
a license or violating any provision of this Act | 9 |
| or its rules.
| 10 |
| e. Aiding or assisting another person in violating any | 11 |
| provision of this
Act or its rules.
| 12 |
| f. Failing, within 60 days, to provide information in | 13 |
| response to a
written request made by the Department.
| 14 |
| g. Discipline by another state, territory, or country | 15 |
| if at least one of
the grounds for the discipline is the | 16 |
| same as or substantially equivalent to
those set forth in | 17 |
| this Act.
| 18 |
| h. Practice in the barber, nail technology, esthetics, | 19 |
| hair braiding, or
cosmetology profession, or an attempt to | 20 |
| practice in those professions, by
fraudulent | 21 |
| misrepresentation.
| 22 |
| i. Gross malpractice or gross incompetency.
| 23 |
| j. Continued practice by a person knowingly having an
| 24 |
| infectious
or contagious disease.
| 25 |
| k. Solicitation of professional services by using | 26 |
| false or
misleading advertising.
|
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| l. A finding by the Department that the licensee, after | 2 |
| having his or
her license placed on probationary status, | 3 |
| has violated the terms of
probation.
| 4 |
| m. Directly or indirectly giving to or receiving from | 5 |
| any person, firm,
corporation, partnership or association | 6 |
| any fee, commission, rebate, or other
form of compensation | 7 |
| for any professional services not actually or personally
| 8 |
| rendered.
| 9 |
| n. Violating any of the provisions of this Act or rules | 10 |
| adopted
pursuant to this Act.
| 11 |
| o. Willfully making or filing false records or reports | 12 |
| relating to a
licensee's practice, including but not | 13 |
| limited to, false records filed with
State agencies or | 14 |
| departments.
| 15 |
| p. Habitual or excessive use
addiction to alcohol, | 16 |
| narcotics, stimulants, or any other chemical agent or
drug | 17 |
| that results in the inability to practice with reasonable | 18 |
| judgment, skill
or safety.
| 19 |
| q. Engaging in dishonorable, unethical or | 20 |
| unprofessional conduct of a character likely to deceive,
| 21 |
| defraud, or harm the public as may be defined by rules of | 22 |
| the Department, or
violating
the rules of professional | 23 |
| conduct which may be adopted by the Department.
| 24 |
| r. Permitting any person to use for any unlawful or | 25 |
| fraudulent
purpose one's diploma or license or certificate | 26 |
| of registration as a
cosmetologist, nail technician, |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| esthetician, hair braider, or barber or cosmetology,
nail | 2 |
| technology, esthetics, hair braiding, or barber barbering | 3 |
| teacher or salon or shop or
cosmetology, esthetics, hair | 4 |
| braiding, or nail technology clinic teacher.
| 5 |
| s. Being named as a perpetrator in an indicated report | 6 |
| by the Department
of Children and Family Services under the | 7 |
| Abused and Neglected Child Reporting
Act and upon proof by | 8 |
| clear and convincing evidence that the licensee has
caused | 9 |
| a child to be an abused child or neglected child as defined | 10 |
| in the
Abused and Neglected Child Reporting Act.
| 11 |
| (2) In rendering an order, the Secretary Director shall | 12 |
| take into
consideration the facts and circumstances involving | 13 |
| the type of acts
or omissions in paragraph (1) of this Section | 14 |
| including, but not limited to:
| 15 |
| (a) the extent to which public confidence in the | 16 |
| cosmetology, nail
technology, esthetics, hair braiding, or | 17 |
| barbering profession was, might have been, or may be,
| 18 |
| injured;
| 19 |
| (b) the degree of trust and dependence among the | 20 |
| involved parties;
| 21 |
| (c) the character and degree of harm which did result | 22 |
| or might
have resulted;
| 23 |
| (d) the intent or mental state of the licensee at the
| 24 |
| time of the acts or omissions.
| 25 |
| (3) The Department shall reissue the license or | 26 |
| registration upon
certification by the Committee that the |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| disciplined licensee or registrant
has complied with all of the | 2 |
| terms and conditions set forth in the final
order or has been | 3 |
| sufficiently rehabilitated to warrant the public trust.
| 4 |
| (4) The Department may refuse to issue or may suspend the | 5 |
| license or
certificate of registration
of any person who fails | 6 |
| to file a return, or to pay the tax, penalty or
interest shown | 7 |
| in a filed return, or to pay any final assessment of tax,
| 8 |
| penalty or interest, as required by any tax Act administered by | 9 |
| the
Illinois Department of Revenue, until such time as the | 10 |
| requirements of any
such tax Act are satisfied.
| 11 |
| (5) The Department shall deny without hearing any | 12 |
| application for a
license or renewal of a license under this | 13 |
| Act by a person who has defaulted on
an educational loan | 14 |
| guaranteed by the Illinois Student Assistance Commission;
| 15 |
| however, the Department may issue or renew a license if the | 16 |
| person in default
has established a satisfactory repayment | 17 |
| record as determined by the Illinois
Student Assistance | 18 |
| Commission.
| 19 |
| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97 .)
| 20 |
| (225 ILCS 410/4-8) (from Ch. 111, par. 1704-8)
| 21 |
| (Section scheduled to be repealed on January 1, 2016)
| 22 |
| Sec. 4-8. Persons in need of
mental treatment. The | 23 |
| determination by a circuit
court that a licensee is
subject to | 24 |
| involuntary admission or judicial admission as provided
in the | 25 |
| Mental Health and Developmental Disabilities Code operates as |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| an
automatic suspension. Such suspension shall end only upon a | 2 |
| finding
by a court that the patient is no longer subject to | 3 |
| involuntary
admission or judicial admission and issues an order | 4 |
| so finding and
discharging the patient; and upon the | 5 |
| recommendation of the
Committee to the Secretary Director that | 6 |
| the licensee be allowed to
resume his practice.
| 7 |
| (Source: P.A. 89-387, eff. 1-1-96 .)
| 8 |
| (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
| 9 |
| (Section scheduled to be repealed on January 1, 2016)
| 10 |
| Sec. 4-9. Practice without a license or after suspension or | 11 |
| revocation
thereof. | 12 |
| (a) If any person violates the provisions of this Act, the | 13 |
| Secretary Director
may, in the name of the People of the State | 14 |
| of Illinois, through the
Attorney General of the State of | 15 |
| Illinois, petition, for an order
enjoining such violation or | 16 |
| for an order enforcing compliance with
this Act. Upon the | 17 |
| filing of a verified petition in such court, the
court may | 18 |
| issue a temporary restraining order, without notice or
bond, | 19 |
| and may preliminarily and permanently enjoin such violation,
| 20 |
| and if it is established that such person has violated or is
| 21 |
| violating the injunction, the Court may punish the offender for
| 22 |
| contempt of court. Proceedings under this Section shall be in
| 23 |
| addition to, and not in lieu of, all other remedies and | 24 |
| penalties
provided by this Act.
| 25 |
| (b) If any person shall practice as a barber, |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| cosmetologist, nail
technician, hair braider, or esthetician, | 2 |
| or teacher thereof or cosmetology, esthetics, hair braiding, or
| 3 |
| nail technology clinic teacher or hold himself or herself out | 4 |
| as such
without being licensed under the provisions of this | 5 |
| Act, any
licensee, any interested party, or any person injured | 6 |
| thereby
may, in addition to the Secretary Director , petition | 7 |
| for relief as provided in subsection
(a) of this Section.
| 8 |
| (c) Whenever in the opinion of the Department any person | 9 |
| violates
any provision of this Act, the Department may issue a | 10 |
| rule to show
cause why an order to cease and desist should not | 11 |
| be entered against
him. The rule shall clearly set forth the | 12 |
| grounds relied upon by
the Department and shall provide a | 13 |
| period of 7 days from the date of
the rule to file an answer to | 14 |
| the satisfaction of the Department.
Failure to answer to the | 15 |
| satisfaction of the Department shall cause
an order to cease | 16 |
| and desist to be issued immediately.
| 17 |
| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97 .)
| 18 |
| (225 ILCS 410/4-10) (from Ch. 111, par. 1704-10)
| 19 |
| (Section scheduled to be repealed on January 1, 2016)
| 20 |
| Sec. 4-10. Refusal, suspension and revocation of
licenses; | 21 |
| investigations and hearing.
The Department may upon its own | 22 |
| motion and shall, upon the
verified complaint in writing of any | 23 |
| person setting forth the facts
which if proven would constitute | 24 |
| grounds for disciplinary action as
set forth in Section 4-7, | 25 |
| investigate the actions of any person
holding or claiming to |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| hold a license.
The Department shall, at least 30 days prior to | 2 |
| the date set for
the hearing, notify in writing the applicant | 3 |
| or the holder of that license of any charges made and shall | 4 |
| afford the accused person
an opportunity to be heard in person | 5 |
| or by counsel in reference
thereto. The Department shall
direct | 6 |
| the applicant or licensee to file a written answer to the Board | 7 |
| under
oath within 20 days after the service of the notice and | 8 |
| inform the applicant
or licensee that failure to file an answer | 9 |
| will result in default being
taken against the applicant or | 10 |
| licensee and that the license
may be
suspended, revoked, placed | 11 |
| on probationary status, or other disciplinary
action may be | 12 |
| taken, including limiting the scope, nature or extent of
| 13 |
| practice, as the Secretary Director may deem proper.
The | 14 |
| written notice may be served by the delivery of the
notice | 15 |
| personally to the accused person, or by mailing the notice by
| 16 |
| registered or certified mail to the place of business last | 17 |
| specified by the
accused person in his last notification
to the | 18 |
| Department.
In case the person fails to file an answer after | 19 |
| receiving notice, his or
her license or certificate may, in the | 20 |
| discretion of the Department be
suspended, revoked, or placed | 21 |
| on probationary status, or the Department, may
take whatever | 22 |
| disciplinary action deemed proper, including limiting the
| 23 |
| scope, nature, or extent of the person's practice or the | 24 |
| imposition of a
fine, without a hearing, if the act or acts | 25 |
| charged constitute sufficient
grounds for such action under | 26 |
| this Act.
At the time and place fixed in the notice, the
|
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| Committee designated by the Secretary Director ,
as provided in | 2 |
| this Act, shall proceed to hearing of the
charges and both the | 3 |
| accused person and the complainant shall be
accorded ample | 4 |
| opportunity to present in person or by counsel, any
statements, | 5 |
| testimony, evidence and arguments as may be pertinent to
the | 6 |
| charges or their defense. The Committee may continue a
hearing | 7 |
| from time to time. If the Committee is not sitting at the
time | 8 |
| and place fixed in the notice or at the time and place to which
| 9 |
| hearing has been continued, the Department shall continue the
| 10 |
| hearing for not more than 30 days.
| 11 |
| (Source: P.A. 89-387, eff. 1-1-96 .)
| 12 |
| (225 ILCS 410/4-12) (from Ch. 111, par. 1704-12)
| 13 |
| (Section scheduled to be repealed on January 1, 2016)
| 14 |
| Sec. 4-12. Department may take testimony - oaths. The | 15 |
| Department shall have power to subpoena and bring before it
any | 16 |
| person in this State and to take testimony either orally or by
| 17 |
| deposition, or both, with the same fees and mileage and in the | 18 |
| same
manner as prescribed by law in judicial procedure in civil | 19 |
| cases in
courts of this State.
| 20 |
| The Secretary Director and any member of the Committee | 21 |
| shall
each have power to administer oaths to witnesses at any | 22 |
| hearing
which the Department is authorized by law to conduct, | 23 |
| and any other
oaths required or authorized in any Act | 24 |
| administered by the Department.
| 25 |
| (Source: P.A. 84-657 .)
|
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| (225 ILCS 410/4-14) (from Ch. 111, par. 1704-14)
| 2 |
| (Section scheduled to be repealed on January 1, 2016)
| 3 |
| Sec. 4-14. Report of committee; rehearing.
The Committee | 4 |
| shall present to the Secretary Director its written report
of | 5 |
| its findings and recommendations. A copy of such report shall | 6 |
| be
served upon the accused person, either personally or by | 7 |
| registered mail as
provided in this Section for the service of | 8 |
| the citation.
Within 20 days after such service, said accused | 9 |
| person may
present to the Department his or her motion in | 10 |
| writing for rehearing, which
written motion shall specify the | 11 |
| particular grounds therefor. If
said accused person shall order | 12 |
| and pay for a transcript of the
record as provided in this | 13 |
| Section, the time elapsing thereafter and
before such | 14 |
| transcript is ready for delivery to him or her shall not be
| 15 |
| counted as part of such 20 days.
Whenever the Secretary | 16 |
| Director is satisfied that substantial justice has
not been | 17 |
| done, he or she may order a re-hearing by the same or a
special | 18 |
| committee. At the expiration of the time specified for
filing a | 19 |
| motion or a rehearing the Secretary Director shall have the | 20 |
| right to
take the action recommended by the Committee. Upon the | 21 |
| suspension
or revocation of his or her license a
licensee shall | 22 |
| be required to surrender his or her
license to the Department, | 23 |
| and upon his or
her failure or refusal so to do, the Department | 24 |
| shall have the right to seize
the same.
| 25 |
| (Source: P.A. 89-387, eff. 1-1-96 .)
|
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| (225 ILCS 410/4-15) (from Ch. 111, par. 1704-15)
| 2 |
| (Section scheduled to be repealed on January 1, 2016)
| 3 |
| Sec. 4-15. Hearing officer.
Notwithstanding the | 4 |
| provisions of Section 4-10, the Secretary Director shall
have | 5 |
| the authority to appoint any attorney duly licensed to practice
| 6 |
| law in the State of Illinois to serve as the hearing officer in | 7 |
| any
action for refusal to issue or renew, or discipline of a
| 8 |
| license. The hearing officer shall have full
authority to | 9 |
| conduct the hearing. The hearing officer shall report
his or | 10 |
| her findings and recommendations to the Committee and the | 11 |
| Director .
The Committee shall have 60 days from receipt of the | 12 |
| report to
review the report of the hearing officer and present | 13 |
| their findings
of fact, conclusions of law , and recommendations | 14 |
| to the Secretary Director . If
the Committee fails to present | 15 |
| its report within the 60 day period,
then the Secretary | 16 |
| Director shall issue an order based on the report of the | 17 |
| hearing
officer. If the Secretary Director determines that the | 18 |
| Committee's report is
contrary to the manifest weight of the | 19 |
| evidence, then he or she may issue an
order in contravention of | 20 |
| the Committee's report.
| 21 |
| (Source: P.A. 89-387, eff. 1-1-96 .)
| 22 |
| (225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
| 23 |
| (Section scheduled to be repealed on January 1, 2016)
| 24 |
| Sec. 4-16. Order or certified copy; prima facie proof.
An |
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| order of revocation or suspension or a certified copy thereof, | 2 |
| over the seal
of the Department and purporting to be signed by | 3 |
| the Secretary Director , shall be
prima facie proof that:
| 4 |
| 1. the signature is the genuine signature of the | 5 |
| Secretary
Director ;
| 6 |
| 2. the Secretary Director is duly appointed and | 7 |
| qualified;
and
| 8 |
| 3. the Committee and the members thereof are qualified | 9 |
| to act.
| 10 |
| Such proof may be rebutted.
| 11 |
| (Source: P.A. 91-357, eff. 7-29-99 .)
| 12 |
| (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
| 13 |
| (Section scheduled to be repealed on January 1, 2016)
| 14 |
| Sec. 4-19. Emergency suspension. The Secretary Director | 15 |
| may temporarily suspend
the license of a barber, cosmetologist, | 16 |
| nail technician, hair braider, esthetician or
teacher thereof | 17 |
| or of a cosmetology, esthetics, hair braiding, or nail | 18 |
| technology clinic
teacher without a hearing, simultaneously | 19 |
| with the institution of
proceedings for a hearing provided for | 20 |
| in Section 4-10 of this Act, if the Secretary
Director finds | 21 |
| that evidence in his possession indicates that the
licensee's | 22 |
| continuation in practice would constitute an
imminent danger
to | 23 |
| the public. In the event that the Secretary Director suspends, | 24 |
| temporarily, this
license without a hearing, a hearing must be | 25 |
| held within 30 days after
such suspension has occurred.
|
|
|
|
HB5783 |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97 .)
| 2 |
| (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
| 3 |
| (Section scheduled to be repealed on January 1, 2016)
| 4 |
| Sec. 4-20. Violations; penalties. Whoever violates any of | 5 |
| the following
shall, for the first offense, be guilty of a | 6 |
| Class B misdemeanor; for the
second offense, shall be guilty of | 7 |
| a Class A misdemeanor; and for all
subsequent offenses, shall | 8 |
| be guilty of a Class 4 felony and be fined not
less than $1,000 | 9 |
| or more than $5,000.
| 10 |
| (1) The practice of cosmetology, nail technology, | 11 |
| esthetics , hair braiding, or
barbering
or an attempt to | 12 |
| practice cosmetology, nail technology, esthetics, hair | 13 |
| braiding, or
barbering without a license as a
cosmetologist, | 14 |
| nail technician, esthetician , hair braider, or barber ; or the | 15 |
| practice or attempt to practice as a
cosmetology, nail | 16 |
| technology, esthetics, hair braiding, or barber barbering | 17 |
| teacher without a
license as a cosmetology, nail technology,
| 18 |
| esthetics , hair braiding, or barber barbering teacher ; or the | 19 |
| practice or attempt to practice as a cosmetology, esthetics, | 20 |
| hair braiding, or nail
technology clinic teacher without a | 21 |
| proper license.
| 22 |
| (2) The obtaining of or an attempt to obtain a
license
or | 23 |
| money or any other thing of value by fraudulent | 24 |
| misrepresentation.
| 25 |
| (3) Practice in the barber, nail technology, cosmetology , |
|
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| hair braiding, or
esthetic
profession, or an attempt to | 2 |
| practice in those professions , by fraudulent
| 3 |
| misrepresentation.
| 4 |
| (4) Wilfully making any false oath or affirmation whenever | 5 |
| an
oath
or affirmation is required by this Act.
| 6 |
| (5) The violation of any of the provisions of this Act.
| 7 |
| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97 .)
| 8 |
| Section 10. The Regulatory Sunset Act is amended by | 9 |
| changing Section 4.26 as follows: | 10 |
| (5 ILCS 80/4.26)
| 11 |
| Sec. 4.26. Acts repealed on January 1, 2016. The following | 12 |
| Acts are repealed on January 1, 2016: | 13 |
| The Illinois Athletic Trainers Practice Act.
| 14 |
| The Illinois Roofing Industry Licensing Act.
| 15 |
| The Illinois Dental Practice Act.
| 16 |
| The Collection Agency Act.
| 17 |
| The Barber, Cosmetology, Esthetics, Hair Braiding, and | 18 |
| Nail Technology Act of 1985.
| 19 |
| The Respiratory Care Practice Act.
| 20 |
| The Hearing Instrument Consumer Protection Act.
| 21 |
| The Illinois Physical Therapy Act.
| 22 |
| The Professional Geologist Licensing Act. | 23 |
| (Source: P.A. 94-246, eff. 1-1-06; 94-254, eff. 7-19-05; | 24 |
| 94-409, eff. 12-31-05; 94-414, eff. 12-31-05; 94-451, eff. |
|
|
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| 12-31-05; 94-523, eff. 1-1-06; 94-527, eff. 12-31-05; 94-651, | 2 |
| eff. 1-1-06; 94-708, eff. 12-5-05; 94-1085, eff. 1-19-07; | 3 |
| 95-331, eff. 8-21-07; 95-876, eff. 8-21-08.) | 4 |
| Section 20. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-5-5 as follows:
| 6 |
| (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 7 |
| Sec. 5-5-5. Loss and Restoration of Rights.
| 8 |
| (a) Conviction and disposition shall not entail the loss by | 9 |
| the
defendant of any civil rights, except under this Section | 10 |
| and Sections 29-6
and 29-10 of The Election Code, as now or | 11 |
| hereafter amended.
| 12 |
| (b) A person convicted of a felony shall be ineligible to | 13 |
| hold an office
created by the Constitution of this State until | 14 |
| the completion of his sentence.
| 15 |
| (c) A person sentenced to imprisonment shall lose his right | 16 |
| to vote
until released from imprisonment.
| 17 |
| (d) On completion of sentence of imprisonment or upon | 18 |
| discharge from
probation, conditional discharge or periodic | 19 |
| imprisonment, or at any time
thereafter, all license rights and | 20 |
| privileges
granted under the authority of this State which have | 21 |
| been revoked or
suspended because of conviction of an offense | 22 |
| shall be restored unless the
authority having jurisdiction of | 23 |
| such license rights finds after
investigation and hearing that | 24 |
| restoration is not in the public interest.
This paragraph (d) |
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| shall not apply to the suspension or revocation of a
license to | 2 |
| operate a motor vehicle under the Illinois Vehicle Code.
| 3 |
| (e) Upon a person's discharge from incarceration or parole, | 4 |
| or upon a
person's discharge from probation or at any time | 5 |
| thereafter, the committing
court may enter an order certifying | 6 |
| that the sentence has been
satisfactorily completed when the | 7 |
| court believes it would assist in the
rehabilitation of the | 8 |
| person and be consistent with the public welfare.
Such order | 9 |
| may be entered upon the motion of the defendant or the State or
| 10 |
| upon the court's own motion.
| 11 |
| (f) Upon entry of the order, the court shall issue to the | 12 |
| person in
whose favor the order has been entered a certificate | 13 |
| stating that his
behavior after conviction has warranted the | 14 |
| issuance of the order.
| 15 |
| (g) This Section shall not affect the right of a defendant | 16 |
| to
collaterally attack his conviction or to rely on it in bar | 17 |
| of subsequent
proceedings for the same offense.
| 18 |
| (h) No application for any license specified in subsection | 19 |
| (i) of this
Section granted under the
authority of this State | 20 |
| shall be denied by reason of an eligible offender who
has | 21 |
| obtained a certificate of relief from disabilities, as
defined | 22 |
| in Article 5.5 of this Chapter, having been previously | 23 |
| convicted of one
or more
criminal offenses, or by reason of a | 24 |
| finding of lack of "good moral
character" when the finding is | 25 |
| based upon the fact that the applicant has
previously been | 26 |
| convicted of one or more criminal offenses, unless:
|
|
|
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| (1) there is a direct relationship between one or more | 2 |
| of the previous
criminal offenses and the specific license | 3 |
| sought; or
| 4 |
| (2) the issuance of the license would
involve an | 5 |
| unreasonable risk to property or to the safety or welfare | 6 |
| of
specific individuals or the general public.
| 7 |
| In making such a determination, the licensing agency shall | 8 |
| consider the
following factors:
| 9 |
| (1) the public policy of this State, as expressed in | 10 |
| Article 5.5 of this
Chapter, to encourage the licensure and | 11 |
| employment of persons previously
convicted of one or more | 12 |
| criminal offenses;
| 13 |
| (2) the specific duties and responsibilities | 14 |
| necessarily related to the
license being sought;
| 15 |
| (3) the bearing, if any, the criminal offenses or | 16 |
| offenses for which the
person
was previously convicted will | 17 |
| have on his or her fitness or ability to perform
one or
| 18 |
| more such duties and responsibilities;
| 19 |
| (4) the time which has elapsed since the occurrence of | 20 |
| the criminal
offense or offenses;
| 21 |
| (5) the age of the person at the time of occurrence of | 22 |
| the criminal
offense or offenses;
| 23 |
| (6) the seriousness of the offense or offenses;
| 24 |
| (7) any information produced by the person or produced | 25 |
| on his or her
behalf in
regard to his or her rehabilitation | 26 |
| and good conduct, including a certificate
of relief from |
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| disabilities issued to the applicant, which certificate | 2 |
| shall
create a presumption of rehabilitation in regard to | 3 |
| the offense or offenses
specified in the certificate; and
| 4 |
| (8) the legitimate interest of the licensing agency in | 5 |
| protecting
property, and
the safety and welfare of specific | 6 |
| individuals or the general public.
| 7 |
| (i) A certificate of relief from disabilities shall be | 8 |
| issued only
for a
license or certification issued under the | 9 |
| following Acts:
| 10 |
| (1) the Animal Welfare Act; except that a certificate | 11 |
| of relief from
disabilities may not be granted
to provide | 12 |
| for
the
issuance or restoration of a license under the | 13 |
| Animal Welfare Act for any
person convicted of violating | 14 |
| Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 15 |
| Care for Animals Act or Section 26-5 of the Criminal Code | 16 |
| of
1961;
| 17 |
| (2) the Illinois Athletic Trainers Practice Act;
| 18 |
| (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 19 |
| and Nail Technology Act of 1985;
| 20 |
| (4) the Boiler and Pressure Vessel Repairer Regulation | 21 |
| Act;
| 22 |
| (5) the Professional Boxing Act;
| 23 |
| (6) the Illinois Certified Shorthand Reporters Act of | 24 |
| 1984;
| 25 |
| (7) the Illinois Farm Labor Contractor Certification | 26 |
| Act;
|
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|
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| (8) the Interior Design Title Act;
| 2 |
| (9) the Illinois Professional Land Surveyor Act of | 3 |
| 1989;
| 4 |
| (10) the Illinois Landscape Architecture Act of 1989;
| 5 |
| (11) the Marriage and Family Therapy Licensing Act;
| 6 |
| (12) the Private Employment Agency Act;
| 7 |
| (13) the Professional Counselor and Clinical | 8 |
| Professional Counselor
Licensing
Act;
| 9 |
| (14) the Real Estate License Act of 2000;
| 10 |
| (15) the Illinois Roofing Industry Licensing Act; | 11 |
| (16) the Professional Engineering Practice Act of | 12 |
| 1989; | 13 |
| (17) the Water Well and Pump Installation Contractor's | 14 |
| License Act; | 15 |
| (18) the Electrologist Licensing Act;
| 16 |
| (19) the Auction License Act; | 17 |
| (20) Illinois Architecture Practice Act of 1989; | 18 |
| (21) the Dietetic and Nutrition Services Practice Act; | 19 |
| (22) the Environmental Health Practitioner Licensing | 20 |
| Act; | 21 |
| (23) the Funeral Directors and Embalmers Licensing | 22 |
| Code; | 23 |
| (24) the Land Sales Registration Act of 1999; | 24 |
| (25) the Professional Geologist Licensing Act; | 25 |
| (26) the Illinois Public Accounting Act; and | 26 |
| (27) the Structural Engineering Practice Act of 1989.
|
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| (Source: P.A. 93-207, eff. 1-1-04; 93-914, eff. 1-1-05; | 2 |
| 94-1067, eff. 8-1-06.)
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 410/1-1 |
from Ch. 111, par. 1701-1 |
| 4 |
| 225 ILCS 410/1-4 |
from Ch. 111, par. 1701-4 |
| 5 |
| 225 ILCS 410/1-7 |
from Ch. 111, par. 1701-7 |
| 6 |
| 225 ILCS 410/1-7.5 |
|
| 7 |
| 225 ILCS 410/1-10 |
from Ch. 111, par. 1701-10 |
| 8 |
| 225 ILCS 410/1-11 |
from Ch. 111, par. 1701-11 |
| 9 |
| 225 ILCS 410/Art. IIIB | 10 |
| heading |
|
| 11 |
| 225 ILCS 410/3B-1 |
from Ch. 111, par. 1703B-1 |
| 12 |
| 225 ILCS 410/3B-10 |
|
| 13 |
| 225 ILCS 410/3B-11 |
|
| 14 |
| 225 ILCS 410/3B-12 |
|
| 15 |
| 225 ILCS 410/3B-15 |
|
| 16 |
| 225 ILCS 410/Art. IIID | 17 |
| heading |
|
| 18 |
| 225 ILCS 410/3D-5 |
|
| 19 |
| 225 ILCS 410/Art. IIIE | 20 |
| heading new |
|
| 21 |
| 225 ILCS 410/3E-1 new |
|
| 22 |
| 225 ILCS 410/3E-2 new |
|
| 23 |
| 225 ILCS 410/3E-3 new |
|
| 24 |
| 225 ILCS 410/3E-4 new |
|
| 25 |
| 225 ILCS 410/3E-5 new |
|
|
|
|
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| 225 ILCS 410/3E-6 new |
|
| 2 |
| 225 ILCS 410/4-1 |
from Ch. 111, par. 1704-1 |
| 3 |
| 225 ILCS 410/4-2 |
from Ch. 111, par. 1704-2 |
| 4 |
| 225 ILCS 410/4-4 |
from Ch. 111, par. 1704-4 |
| 5 |
| 225 ILCS 410/4-6 |
from Ch. 111, par. 1704-6 |
| 6 |
| 225 ILCS 410/4-7 |
from Ch. 111, par. 1704-7 |
| 7 |
| 225 ILCS 410/4-8 |
from Ch. 111, par. 1704-8 |
| 8 |
| 225 ILCS 410/4-9 |
from Ch. 111, par. 1704-9 |
| 9 |
| 225 ILCS 410/4-10 |
from Ch. 111, par. 1704-10 |
| 10 |
| 225 ILCS 410/4-12 |
from Ch. 111, par. 1704-12 |
| 11 |
| 225 ILCS 410/4-14 |
from Ch. 111, par. 1704-14 |
| 12 |
| 225 ILCS 410/4-15 |
from Ch. 111, par. 1704-15 |
| 13 |
| 225 ILCS 410/4-16 |
from Ch. 111, par. 1704-16 |
| 14 |
| 225 ILCS 410/4-19 |
from Ch. 111, par. 1704-19 |
| 15 |
| 225 ILCS 410/4-20 |
from Ch. 111, par. 1704-20 |
| 16 |
| 5 ILCS 80/4.26 |
|
| 17 |
| 730 ILCS 5/5-5-5 |
from Ch. 38, par. 1005-5-5 |
| |
|