Full Text of HB5783 96th General Assembly
HB5783eng 96TH GENERAL ASSEMBLY
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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, 3-8, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15, 3D-5, 4-1, 4-2, | 8 |
| 4-4, 4-6, 4-7, 4-8, 4-9, 4-10, 4-12, 4-14, 4-15, 4-16, 4-19, | 9 |
| and 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| (Section scheduled to be repealed on January 1, 2016)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| (Section scheduled to be repealed on January 1, 2016)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 410/3-8) (from Ch. 111, par. 1703-8)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 3-8. Cosmetologists, cosmetology teachers, and | 15 |
| cosmetology
clinic teachers registered or licensed
elsewhere. | 16 |
| (a) Except as otherwise provided in this Act, upon payment | 17 |
| of the
required fee, an applicant who is a cosmetologist, | 18 |
| cosmetology
teacher, or cosmetology clinic teacher
registered | 19 |
| or licensed under the laws of another state or territory of the
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| United States or of a foreign country or province may , without | 21 |
| examination, be
granted a license as a licensed cosmetologist, | 22 |
| cosmetology
teacher, or cosmetology clinic teacher by the
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| Department in
its discretion upon the following conditions:
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| (1) (a) The cosmetologist applicant is at least 16 | 25 |
| years of
age and the cosmetology teacher or cosmetology |
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| clinic teacher applicant is
at least 18 years of age; and
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| (2) (b) The requirements for the registration or | 3 |
| licensing of
cosmetologists, cosmetology teachers, or | 4 |
| cosmetology clinic
teachers in the particular state, | 5 |
| territory,
country , or province were, at the date of the | 6 |
| license, substantially
equivalent to the requirements then | 7 |
| in force for cosmetologists,
cosmetology teachers, or | 8 |
| cosmetology clinic teachers in this State; or the
applicant | 9 |
| has
established proof of legal practice as a cosmetologist, | 10 |
| cosmetology
teacher, or cosmetology clinic teacher in | 11 |
| another jurisdiction for at least
3 years; and
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| (3) If the Department, in its discretion and in | 13 |
| accordance with the rules, deems it necessary, then the | 14 |
| applicant has passed an examination as required by this | 15 |
| Act; and | 16 |
| (4) (c) The applicant has Has met any other | 17 |
| requirements of this Act.
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| The Department shall prescribe
reasonable rules governing | 19 |
| the recognition of and
the credit to be given to the study of | 20 |
| cosmetology under a
cosmetologist registered or licensed under | 21 |
| the laws of another state or
territory of the United States or | 22 |
| a foreign country or province by an applicant
for a license as | 23 |
| a
cosmetologist, and for the recognition of legal practice in | 24 |
| another
jurisdiction towards the education required under this | 25 |
| Act.
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| (b) Except as otherwise provided in this Act, upon payment |
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| of the
required fee, an applicant who is a cosmetologist, | 2 |
| cosmetology
teacher, or cosmetology clinic teacher
registered | 3 |
| or licensed under the laws of another state or territory of the | 4 |
| United States shall, without examination, be granted a license | 5 |
| as a licensed cosmetologist, cosmetology
teacher, or | 6 |
| cosmetology clinic teacher, whichever is applicable, by the
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| Department upon the following conditions: | 8 |
| (1) The cosmetologist applicant is at least 16 years of
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| age and the cosmetology teacher or cosmetology clinic | 10 |
| teacher applicant is
at least 18 years of age; and | 11 |
| (2) The applicant submits to the Department | 12 |
| satisfactory evidence that the applicant is registered or | 13 |
| licensed in another state or territory as a cosmetologist, | 14 |
| cosmetology
teacher, or cosmetology clinic teacher; and | 15 |
| (3) The applicant has met any other requirements of | 16 |
| this Act. | 17 |
| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97 .)
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| (225 ILCS 410/Art. IIIB heading) | 19 |
| 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 | 24 |
| applicable
only to cosmetology, esthetics, hair braiding, and |
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| 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 | 6 |
| school. No person,
firm, or corporation may own, operate, or | 7 |
| conduct a school of cosmetology,
esthetics, hair braiding, or | 8 |
| nail technology for the purpose of teaching cosmetology,
| 9 |
| esthetics, hair braiding, or nail technology for compensation | 10 |
| without applying on forms
provided by the Department, paying | 11 |
| the required fees, and complying with the
following | 12 |
| requirements:
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| 1. The applicant must submit to the Department for | 14 |
| approval:
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| a. A floor plan, drawn to a scale specified on the | 16 |
| floor plan,
showing every detail of the proposed | 17 |
| school; and
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| b. A lease commitment or proof of ownership for the | 19 |
| location of the
proposed school; a lease commitment | 20 |
| must provide for execution of the lease
upon the | 21 |
| Department's approval of the school's application and | 22 |
| 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 | 25 |
| include the following:
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| a. If the owner is a corporation, a copy of the | 2 |
| Articles of
Incorporation;
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| b. If the owner is a partnership, a listing of all | 4 |
| partners and their
current addresses;
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| c. If the applicant is an owner, a completed | 6 |
| financial statement showing
the owner's ability to | 7 |
| operate the school for at least 3 months;
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| d. A copy of the official enrollment agreement or | 9 |
| student contract to be
used by the school, which shall | 10 |
| be consistent with the requirements of
this Act;
| 11 |
| e. A listing of all teachers who will be in the | 12 |
| school's employ,
including their teacher license | 13 |
| 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 | 16 |
| schools in which the
applicant has previously owned any | 17 |
| interest, and a declaration as to whether
any of these | 18 |
| schools were ever denied accreditation or licensing or | 19 |
| lost
accreditation or licensing from any governmental | 20 |
| body or accrediting agency;
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| h. Each application for a certificate of approval | 22 |
| shall be signed and
certified under oath by the | 23 |
| school's chief managing employee and also by
its | 24 |
| individual owner or owners; if the applicant is a | 25 |
| partnership or a
corporation, then the application | 26 |
| shall be signed and certified under oath by
the |
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| school's chief managing employee and also by each | 2 |
| member of the partnership
or each officer of the | 3 |
| 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 | 7 |
| shall also contain the following commitments:
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| a. To conduct the school in accordance with this | 9 |
| Act and the standards,
and rules from time to time | 10 |
| adopted under this Act and to meet standards and
| 11 |
| requirements at least as stringent as those required by | 12 |
| Part H of the Federal
Higher Education Act of 1965.
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| b. To permit the Department to inspect the school | 14 |
| or classes thereof
from time to time with or without | 15 |
| notice; and to make available to the
Department, at any | 16 |
| time when required to do so, information including
| 17 |
| financial information pertaining to the activities of | 18 |
| the school required
for the administration of this Act | 19 |
| and the standards and rules adopted under
this Act;
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| c. To utilize only advertising and solicitation | 21 |
| which is free from
misrepresentation, deception, | 22 |
| fraud, or other misleading or unfair trade
practices;
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| d. To screen applicants to the school prior to | 24 |
| enrollment pursuant to
the requirements of the | 25 |
| school's regional or national accrediting agency,
if | 26 |
| any, and to maintain any and all records of such |
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| screening. If the
course of instruction is offered in a | 2 |
| language other than English, the
screening shall also | 3 |
| be performed in that language;
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| e. To post in a conspicuous place a statement, | 5 |
| developed by the
Department, of student's rights | 6 |
| provided under this Act.
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| 4. The applicant shall establish to the satisfaction of | 8 |
| the Department
that the owner possesses sufficient liquid | 9 |
| assets to meet the prospective
expenses of the school for a | 10 |
| period of 3 months. In the discretion of
the Department, | 11 |
| additional proof of financial ability may be required.
| 12 |
| 5. The applicant shall comply with all rules of the | 13 |
| Department determining
the necessary curriculum and | 14 |
| equipment required for the conduct of the school.
| 15 |
| 6. The applicant must demonstrate employment of a | 16 |
| sufficient number of
qualified teachers who are holders of | 17 |
| a current license issued by the
Department.
| 18 |
| 7.
A final inspection of the cosmetology, esthetics, | 19 |
| hair braiding, or nail technology school shall be
made by | 20 |
| the Department before the school may commence classes.
| 21 |
| 8. A written inspection report must be made by the | 22 |
| State Fire Marshal or a local fire authority approving the | 23 |
| use of the proposed premises as a cosmetology, esthetics, | 24 |
| hair braiding, or nail technology school.
| 25 |
| (Source: P.A. 94-451, eff. 12-31-05.)
|
|
|
|
HB5783 Engrossed |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| (225 ILCS 410/3B-11)
| 2 |
| (Section scheduled to be repealed on January 1, 2016)
| 3 |
| Sec. 3B-11. Periodic review of cosmetology, esthetics , | 4 |
| hair braiding, and nail technology
schools. The Department | 5 |
| shall review at least biennially all approved schools
and | 6 |
| courses of instruction. The biennial review shall include | 7 |
| consideration of
a comparison between the graduation or | 8 |
| completion rate for the school and the
graduation or completion | 9 |
| rate for the schools within that classification of
schools. | 10 |
| Consideration shall be given to complaints and information | 11 |
| forwarded
to the Department by the Federal Trade Commission, | 12 |
| Better Business Bureaus, the
Illinois Attorney General's | 13 |
| Office, a State's Attorney's Office,
other State or official | 14 |
| approval agencies, local school officials, and
interested | 15 |
| persons. The Department shall investigate all complaints
filed | 16 |
| with the Department about a school or its sales | 17 |
| representatives.
| 18 |
| A school shall retain
the records, as defined by rule, of a | 19 |
| student
who withdraws from or drops out of the school, by | 20 |
| written notice of
cancellation or otherwise, for any period | 21 |
| longer than 7 years from the
student's first day of attendance. | 22 |
| However, a school shall retain indefinitely
the transcript of | 23 |
| each student who completes the program and
graduates from the | 24 |
| school.
| 25 |
| (Source: P.A. 94-451, eff. 12-31-05.)
|
|
|
|
HB5783 Engrossed |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| (225 ILCS 410/3B-12)
| 2 |
| (Section scheduled to be repealed on January 1, 2016)
| 3 |
| Sec. 3B-12. Enrollment agreements.
| 4 |
| (a) Enrollment agreements shall be used by cosmetology, | 5 |
| esthetics, hair braiding, and nail
technology schools licensed | 6 |
| to operate by the Department and shall include the
following | 7 |
| written disclosures:
| 8 |
| (1) The name and address of the school and the | 9 |
| addresses where instruction
will be given;
| 10 |
| (2) The name and description of the course of | 11 |
| instruction, including the
number
of clock hours in each | 12 |
| course and an approximate number of weeks or months
| 13 |
| required for completion;
| 14 |
| (3) The scheduled starting date and calculated | 15 |
| completion date;
| 16 |
| (4) The total cost of the course of instruction | 17 |
| including any charges made
by the school for tuition, | 18 |
| books, materials, supplies, and other expenses;
| 19 |
| (5) A clear and conspicuous statement that the contract | 20 |
| is a legally
binding instrument when signed by the student | 21 |
| and accepted by the school;
| 22 |
| (6) A clear and conspicuous caption, "BUYER'S RIGHT TO | 23 |
| CANCEL" under which
it is explained that the student has | 24 |
| the right to cancel the initial enrollment
agreement until | 25 |
| midnight of the fifth business day after the student has | 26 |
| been
enrolled; and if notice of the right to cancel is not |
|
|
|
HB5783 Engrossed |
- 19 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| given to any prospective
student at the time the enrollment | 2 |
| agreement is signed, then the student has
the right to | 3 |
| cancel the agreement at any time and receive a refund of | 4 |
| all
monies paid to date within 10 days of cancellation;
| 5 |
| (7) A notice to the students that the cancellation must | 6 |
| be in writing and
given to the registered agent, if any, or | 7 |
| managing employee of the school;
| 8 |
| (8) The school's refund policy for unearned tuition, | 9 |
| fees, and other
charges;
| 10 |
| (9) The date of the student's signature and the date of | 11 |
| the student's
admission;
| 12 |
| (10) The name of the school employee or agent | 13 |
| responsible for procuring,
soliciting, or enrolling the | 14 |
| student;
| 15 |
| (11) A clear statement that the institution does not | 16 |
| guarantee employment
and a statement describing the | 17 |
| school's placement assistance procedures;
| 18 |
| (12) The graduation requirements of the school;
| 19 |
| (13) The contents of the following notice, in at least | 20 |
| 10 point bold type:
| 21 |
| "NOTICE TO THE STUDENT"
| 22 |
| "Do not sign this contract before you read it or if it | 23 |
| contains
any blank space.
You are entitled to an exact copy | 24 |
| of the contract you sign."
| 25 |
| (14) A statement either in the enrollment agreement or | 26 |
| separately provided
and
acknowledged by the student |
|
|
|
HB5783 Engrossed |
- 20 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| indicating the number of students who did not
complete the | 2 |
| course of instruction for which they enrolled for the past
| 3 |
| calendar year as compared to the number of students who | 4 |
| enrolled in school
during the school's past calendar year;
| 5 |
| (15) The following clear and conspicuous caption: | 6 |
| "COMPLAINTS AGAINST
THIS SCHOOL MAY BE REGISTERED WITH THE | 7 |
| DEPARTMENT OF PROFESSIONAL
REGULATION", set forth with the | 8 |
| address and telephone number of the
Department's Chicago | 9 |
| and Springfield offices.
| 10 |
| (b) If the enrollment is negotiated orally in a language | 11 |
| other than English,
then copies
of the above disclosures shall | 12 |
| be tendered in the language in which the
contract was | 13 |
| negotiated prior to executing the enrollment agreement.
| 14 |
| (c) The school shall comply with all applicable | 15 |
| requirements of the Retail
Installment Sales Act in its | 16 |
| enrollment agreement or student contracts.
| 17 |
| (d) No enrollment agreement or student contract shall | 18 |
| contain a wage
assignment provision or a confession of judgment | 19 |
| clause.
| 20 |
| (e) Any provision in an enrollment agreement or student | 21 |
| contract that
purports
to waive the student's right to assert | 22 |
| against the school, or any assignee, any
claim or defense he or | 23 |
| she may have against the school arising under the
contract | 24 |
| shall be void.
| 25 |
| (f) Two copies of the enrollment agreement shall be signed | 26 |
| by the
student. One copy shall be given to the student and the |
|
|
|
HB5783 Engrossed |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| school shall retain
the other copy as part of the student's | 2 |
| permanent record.
| 3 |
| (Source: P.A. 89-387, eff. 1-1-96 .)
| 4 |
| (225 ILCS 410/3B-15)
| 5 |
| (Section scheduled to be repealed on January 1, 2016)
| 6 |
| Sec. 3B-15. Grounds for disciplinary action. In addition to | 7 |
| any
other cause herein set forth the Department may refuse to | 8 |
| issue or renew and
may suspend, place on probation, or revoke | 9 |
| any license to operate a school, or
take any other action that | 10 |
| the Department may deem proper, including the
imposition of | 11 |
| fines not to exceed $5,000 for each violation, for any
one or | 12 |
| any combination of the following causes:
| 13 |
| (1) Repeated violation of any provision of this Act or | 14 |
| any standard or rule
established under this Act.
| 15 |
| (2) Knowingly furnishing false, misleading, or | 16 |
| incomplete information to the
Department or failure to | 17 |
| furnish information requested by the Department.
| 18 |
| (3) Violation of any commitment made in an application | 19 |
| for a license,
including failure to maintain standards that | 20 |
| are the same as, or substantially
equivalent to, those | 21 |
| represented in the school's applications
and
advertising.
| 22 |
| (4) Presenting to prospective students information | 23 |
| relating to the school,
or to employment opportunities or | 24 |
| opportunities for enrollment in institutions
of higher | 25 |
| learning after entering into or completing courses offered |
|
|
|
HB5783 Engrossed |
- 22 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| by the
school, that is false, misleading, or
fraudulent.
| 2 |
| (5) Failure to provide premises or equipment or to | 3 |
| maintain them in a safe
and sanitary condition as required | 4 |
| by law.
| 5 |
| (6) Failure to maintain financial resources adequate | 6 |
| for the satisfactory
conduct of the courses of instruction | 7 |
| offered or to retain a sufficient and
qualified | 8 |
| instructional and administrative staff.
| 9 |
| (7) Refusal to admit applicants on account of race, | 10 |
| color, creed, sex,
physical or mental handicap unrelated to | 11 |
| ability, religion, or national
origin.
| 12 |
| (8) Paying a commission or valuable consideration to | 13 |
| any person for acts or
services performed in violation of | 14 |
| this Act.
| 15 |
| (9) Attempting to confer a fraudulent degree, diploma, | 16 |
| or certificate upon a
student.
| 17 |
| (10) Failure to correct any deficiency or act of | 18 |
| noncompliance under this
Act or the standards and rules | 19 |
| established under this Act within reasonable
time limits | 20 |
| set by the Department.
| 21 |
| (11)
Conduct of business or instructional services | 22 |
| other than at locations
approved by the Department.
| 23 |
| (12) Failure to make all of the disclosures or making | 24 |
| inaccurate disclosures
to the Department or in the | 25 |
| enrollment agreement as required under this Act.
| 26 |
| (13) Failure to make appropriate refunds as required by |
|
|
|
HB5783 Engrossed |
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LRB096 16775 ASK 32075 b |
|
| 1 |
| this Act.
| 2 |
| (14) Denial, loss, or withdrawal of accreditation by | 3 |
| any
accrediting agency.
| 4 |
| (15) During any
calendar year, having a failure rate of | 5 |
| 25% or greater for
those of its students who for the first | 6 |
| time take the
examination authorized by
the Department to | 7 |
| determine fitness to receive a license as a cosmetologist,
| 8 |
| cosmetology teacher, esthetician, esthetician
teacher, | 9 |
| hair braider, hair braiding teacher, nail technician, or | 10 |
| nail
technology teacher, provided that a
student who | 11 |
| transfers into the school having completed 50% or more of | 12 |
| the required program and who
takes the examination during | 13 |
| that calendar year shall not be counted for
purposes of | 14 |
| determining the school's failure rate on an
examination, | 15 |
| without
regard to whether that transfer student passes or | 16 |
| fails the examination.
| 17 |
| (16) Failure to maintain a written record indicating | 18 |
| the funds
received per student and funds paid out per | 19 |
| student. Such records shall be
maintained for a minimum of | 20 |
| 7 years and shall be made available to the
Department upon | 21 |
| request. Such records shall identify the funding source and
| 22 |
| amount for any student who has enrolled as well as any | 23 |
| other item set forth by
rule.
| 24 |
| (17) Failure to maintain a copy of the student record | 25 |
| as defined by rule.
| 26 |
| (Source: P.A. 94-451, eff. 12-31-05.)
|
|
|
|
HB5783 Engrossed |
- 24 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| (225 ILCS 410/Art. IIID heading) | 2 |
| ARTICLE IIID. COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
| 3 |
| AND NAIL TECHNOLOGY SALONS AND BARBER SHOPS
| 4 |
| (225 ILCS 410/3D-5)
| 5 |
| (Section scheduled to be repealed on January 1, 2016)
| 6 |
| Sec. 3D-5. Requisites for ownership or operation of | 7 |
| cosmetology,
esthetics, hair braiding, and nail technology | 8 |
| salons and barber shops. | 9 |
| (a) No person, firm, partnership, limited liability | 10 |
| company, or corporation
shall own or operate a cosmetology, | 11 |
| esthetics, hair braiding, or nail technology salon or
barber | 12 |
| shop or employ, rent space to, or independently contract with | 13 |
| any licensee under this Act without applying on forms provided | 14 |
| by the Department for a
certificate of registration.
| 15 |
| (b) The application for a certificate of registration under | 16 |
| this Section
shall
set forth the name, address, and telephone | 17 |
| number of the proposed cosmetology,
esthetics, hair braiding, | 18 |
| or nail technology salon or barber shop; the name, address, and
| 19 |
| telephone number of the person, firm, partnership, or | 20 |
| corporation that is to
own or operate the salon or shop; and, | 21 |
| if the salon or shop is to be owned or
operated by an entity | 22 |
| other than an individual, the name, address, and
telephone | 23 |
| number of the managing partner or the chief executive officer | 24 |
| of the
corporation or other entity that owns or operates the |
|
|
|
HB5783 Engrossed |
- 25 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| salon or shop.
| 2 |
| (c) The Department shall be notified by the owner or | 3 |
| operator of a salon or
shop that is moved to a new location. If | 4 |
| there is a change in the ownership or
operation of a salon or | 5 |
| shop, the new owner or operator shall report that
change to the | 6 |
| Department along with completion of any additional | 7 |
| requirements
set forth by rule.
| 8 |
| (d) If a person, firm, partnership, limited liability | 9 |
| company, or
corporation owns or operates more than one shop or | 10 |
| salon, a separate
certificate of registration must be obtained | 11 |
| for each salon or shop.
| 12 |
| (e) A certificate of registration granted under this | 13 |
| Section may be revoked
in accordance with the provisions of | 14 |
| Article IV and the holder of the
certificate may be otherwise | 15 |
| disciplined by the Department in accordance with
rules adopted | 16 |
| under this Act.
| 17 |
| (f) The Department may promulgate rules to establish | 18 |
| additional
requirements for owning or operating a salon or | 19 |
| shop.
| 20 |
| (Source: P.A. 94-451, eff. 12-31-05.)
| 21 |
| (225 ILCS 410/Art. IIIE heading new) | 22 |
| ARTICLE IIIE. HAIR BRAIDING AND HAIR BRAIDING TEACHERS | 23 |
| (225 ILCS 410/3E-1 new) | 24 |
| Sec. 3E-1. Hair braiding defined. "Hair braiding" means a |
|
|
|
HB5783 Engrossed |
- 26 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| natural form of hair manipulation by braiding, cornrowing, | 2 |
| extending, lacing, locking, sewing, twisting, weaving, or | 3 |
| wrapping human hair, natural fibers, synthetic fibers, and hair | 4 |
| extensions. Such practice can be performed by hand or by using | 5 |
| simple braiding devices including clips, combs, hairpins, | 6 |
| scissors, needles and thread. Hair braiding includes what is | 7 |
| commonly known as "African-style hair braiding" or "natural | 8 |
| hair care", but is not limited to any particular cultural, | 9 |
| ethnic, racial, or religious form of hair style. Hair braiding | 10 |
| includes the making of customized wigs from natural hair, | 11 |
| natural fibers, synthetic fibers, and hair extensions. Hair | 12 |
| braiding does not involve the use of penetrating chemical hair | 13 |
| treatments, chemical hair coloring agents, chemical hair | 14 |
| straightening agents, chemical hair joining agents, permanent | 15 |
| wave styles, or chemical hair bleaching agents applied to | 16 |
| growing human hair. Hair braiding does not include the cutting | 17 |
| or growing of human hair, but may include the trimming of hair | 18 |
| extensions or sewn weave-in extensions only as applicable to | 19 |
| the braiding process. | 20 |
| (225 ILCS 410/3E-2 new) | 21 |
| Sec. 3E-2. Hair braider licensure; qualifications. | 22 |
| (a) A person is qualified to receive a license as a hair | 23 |
| braider if he or she has filed an application on forms provided | 24 |
| by the Department, paid the required fees, and meets the | 25 |
| following qualifications: |
|
|
|
HB5783 Engrossed |
- 27 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| (1) Is at least 16 years of age; | 2 |
| (2) Is beyond the age of compulsory school attendance | 3 |
| or has received a certificate of graduation from a school | 4 |
| providing secondary education, or the recognized | 5 |
| equivalent of that certificate; and | 6 |
| (3) Has completed a program consisting of a minimum of | 7 |
| 300 clock hours or a 10 credit hour equivalency of | 8 |
| instruction, as defined by rule, in a licensed cosmetology | 9 |
| school teaching a hair braiding curriculum or in a licensed | 10 |
| hair braiding school as follows: | 11 |
| (A) Basic training consisting of 35 hours of | 12 |
| classroom instruction in general theory, practical | 13 |
| application, and technical application in the | 14 |
| following subject areas: history of hair braiding, | 15 |
| personal hygiene and public health, professional | 16 |
| ethics, disinfection and sanitation, bacteriology, | 17 |
| disorders and diseases of the hair and scalp, OSHA | 18 |
| standards relating to material safety data sheets | 19 |
| (MSDS) on chemicals, hair analysis and scalp care, and | 20 |
| technical procedures; | 21 |
| (B) Related concepts consisting of 35 hours of | 22 |
| classroom instruction in the following subject areas: | 23 |
| Braid removal and scalp care; basic styling knowledge; | 24 |
| tools and equipment; growth patterns, styles and | 25 |
| sectioning; client consultation and face shapes; and | 26 |
| client education, pre-care, post-care, home care and |
|
|
|
HB5783 Engrossed |
- 28 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| follow-up services; | 2 |
| (C) Practices and procedures consisting of 200 | 3 |
| hours of instruction, which shall be a combination of | 4 |
| classroom instruction and clinical practical | 5 |
| application, in the following subject areas: single | 6 |
| braids with and without extensions; cornrows with and | 7 |
| without extensions; twists and knots; multiple | 8 |
| strands; hair locking; weaving/sewn-in; other | 9 |
| procedures as they relate to hair-braiding; and | 10 |
| product knowledge as it relates to hair braiding; and | 11 |
| (D) Business practices consisting of 30 hours of | 12 |
| classroom instruction in the following subject areas: | 13 |
| Illinois Barber, Cosmetology, Esthetics, Hair Braiding | 14 |
| and Nail Technology Act and Rules; salon management; | 15 |
| human relations and salesmanship; and Workers' | 16 |
| Compensation Act. | 17 |
| (b) The expiration date and renewal period for each license | 18 |
| issued under this Act shall be set by rule. | 19 |
| (c) Within 2 years after the effective date of this | 20 |
| amendatory Act of the 96th General Assembly, the Department may | 21 |
| issue a hair braider license to any applicant who does not meet | 22 |
| the requirements of items (2) and (3) of subsection (a) of this | 23 |
| Section if the applicant: (1) files an application in | 24 |
| accordance with subsection (a), (2) pays the required fee, (3) | 25 |
| has not committed an offense that would be grounds for | 26 |
| discipline under this Act, and (4) is able to demonstrate to |
|
|
|
HB5783 Engrossed |
- 29 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| the Department through tax records or affidavits that he or she | 2 |
| has practiced hair braiding for at least 2 consecutive years | 3 |
| immediately prior to the date of his or her application. | 4 |
| A hair braider who obtains his or her license under this | 5 |
| subsection (c) may renew his or her license if he or she | 6 |
| applies to the Department for renewal and has completed at | 7 |
| least 65 hours of relevant training in health, safety, hygiene, | 8 |
| and business management in accordance with the requirements of | 9 |
| this Section or any rule adopted pursuant to this Section. A | 10 |
| hair braider who renews his or her license under this | 11 |
| subsection (c) may thereafter only renew his or her license if | 12 |
| he or she meets the requirements of Section 3E-5 of this Act. | 13 |
| (225 ILCS 410/3E-3 new) | 14 |
| Sec. 3E-3. Hair braiding teacher licensure. A hair braiding | 15 |
| teacher license shall be made available by the Department. The | 16 |
| qualifications for a hair braiding teacher license shall be | 17 |
| provided by rule, and shall include at least 600 clock hours or | 18 |
| a 20 credit hour equivalency in relevant teaching methods and | 19 |
| curriculum content, or at least 500 clock hours of hair | 20 |
| braiding teacher training for an individual who is able to | 21 |
| establish that he or she has had at least 2 years of practical | 22 |
| experience. | 23 |
| (225 ILCS 410/3E-4 new) | 24 |
| Sec. 3E-4. Internship program. |
|
|
|
HB5783 Engrossed |
- 30 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| (a) An internship program may be part of the curriculum for | 2 |
| hair braiding and shall be an organized, pre-planned training | 3 |
| program designed to allow a student to learn hair braiding | 4 |
| under the direct supervision of a licensed cosmetologist or | 5 |
| licensed hair braider in a registered salon. A licensed | 6 |
| cosmetology or hair braiding school may establish an internship | 7 |
| program as part of its curriculum subject to the following | 8 |
| conditions: | 9 |
| (1) Students may only participate in the internship | 10 |
| program after completing 150 hours of training and must | 11 |
| maintain a minimum average grade of 80 out of 100. A school | 12 |
| may set the minimum grade average higher and establish | 13 |
| additional standards for participation in an internship | 14 |
| program. | 15 |
| (2) Students may not spend more than 30 hours in the | 16 |
| internship program. | 17 |
| (3) Students may not be paid for participating in the | 18 |
| internship program that is part of the hair braiding | 19 |
| curriculum of the school. | 20 |
| (4) Students may not work more than 8 hours per day in | 21 |
| the internship program and must spend at least one day per | 22 |
| week at the school. | 23 |
| (5) Students shall be under the direct supervision of | 24 |
| an on-site licensed cosmetologist or licensed hair | 25 |
| braider, and the supervising cosmetologist or hair braider | 26 |
| may only supervise one hair braiding student at a time. |
|
|
|
HB5783 Engrossed |
- 31 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| (6) The hair braiding school shall state clearly in its | 2 |
| student contract that the school offers an internship | 3 |
| program as part of its hair braiding curriculum. | 4 |
| (7) The hair braiding school shall enter into a written | 5 |
| internship contract with the student, the registered | 6 |
| salon, and the licensed cosmetologist or licensed hair | 7 |
| braider that contains all of the provisions set forth in | 8 |
| this Section and Section 3E-2. The contract shall be signed | 9 |
| by the student, an authorized representative of the school, | 10 |
| and the licensed cosmetologist or licensed hair braider who | 11 |
| will supervise the student. The internship contract may be | 12 |
| terminated by any of the parties at any time. | 13 |
| (b) If an internship program meets the requirements of | 14 |
| subsection (a) of this Section, a maximum of 30 hours spent | 15 |
| under the internship program may be credited toward meeting the | 16 |
| 300 hours of instruction required by Section 3E-2. | 17 |
| (c) A hair braiding student shall not be permitted to | 18 |
| practice on the public until he or she has successfully | 19 |
| completed the 35 hours of general theory, practical | 20 |
| application, and technical application instruction as | 21 |
| specified in Section 3E-2. | 22 |
| (225 ILCS 410/3E-5 new) | 23 |
| Sec. 3E-5. License renewal. To renew a license issued under | 24 |
| this Article, an individual must produce proof of successful | 25 |
| completion of 10 hours of continuing education for a hair |
|
|
|
HB5783 Engrossed |
- 32 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| braider license and 20 hours of continuing education for a hair | 2 |
| braiding teacher license. | 3 |
| A license that has been expired for more than 5 years may | 4 |
| be restored by payment of the restoration fee and submitting | 5 |
| evidence satisfactory to the Department of the current | 6 |
| qualifications and fitness of the licensee, which shall include | 7 |
| completion of continuing education hours for the period | 8 |
| subsequent to expiration. The Department may establish | 9 |
| additional rules for the administration of this Section and | 10 |
| other requirements for the renewal of a hair braider or hair | 11 |
| braiding teacher license issued under this Act. | 12 |
| (225 ILCS 410/3E-6 new) | 13 |
| Sec. 3E-6. Immunity from prosecution. The Department shall | 14 |
| take no action against any person for unlicensed practice as a | 15 |
| hair braider that occurred prior to the effective date of this | 16 |
| amendatory Act of the 96th General Assembly. The Department | 17 |
| shall not use any information provided in an application for a | 18 |
| license pursuant to subsection (c) of Section 3E-2 as evidence | 19 |
| of unlicensed practice under Article III prior to the date of | 20 |
| application.
| 21 |
| (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
| 22 |
| (Section scheduled to be repealed on January 1, 2016)
| 23 |
| Sec. 4-1. Powers and duties of Department. The Department | 24 |
| shall
exercise, subject to the provisions of this Act, the |
|
|
|
HB5783 Engrossed |
- 33 - |
LRB096 16775 ASK 32075 b |
|
| 1 |
| following functions,
powers and duties:
| 2 |
| (1) To cause to be conducted examinations to ascertain | 3 |
| the
qualifications and fitness of applicants for licensure | 4 |
| as
cosmetologists, estheticians, nail technicians, hair | 5 |
| braiders, or barbers and as
cosmetology, esthetics, nail | 6 |
| technology, hair braiding, or barber barbering teachers.
| 7 |
| (2) To determine the qualifications for licensure as | 8 |
| (i) a
cosmetologist,
esthetician, nail technician, hair | 9 |
| braider, or barber , or (ii) a cosmetology, esthetics, nail
| 10 |
| technology, hair braiding, or barber teacher , or (iii) a | 11 |
| cosmetology, esthetics, hair braiding, or nail technology
| 12 |
| clinic teacher teachers for persons currently holding | 13 |
| similar licenses licensed as
cosmetologists, estheticians, | 14 |
| nail technicians, or barbers or cosmetology,
esthetics, | 15 |
| nail technology, or barber teachers or cosmetology, | 16 |
| esthetics, or
nail technology clinic teachers
outside the | 17 |
| State of
Illinois or the continental U.S.
| 18 |
| (3) To prescribe rules for:
| 19 |
| (i) The method of examination of candidates for | 20 |
| licensure as a
cosmetologist, esthetician, nail | 21 |
| technician, hair braider, or barber or cosmetology,
| 22 |
| esthetics, nail technology, hair braiding, or barber | 23 |
| barbering teacher.
| 24 |
| (ii) Minimum standards as to what constitutes an | 25 |
| approved
school of cosmetology, esthetics, nail | 26 |
| technology, hair braiding, or barber school barbering .
|
|
|
|
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| 1 |
| (4) To conduct investigations or hearings on | 2 |
| proceedings to
determine
disciplinary action.
| 3 |
| (5) To prescribe reasonable rules governing the | 4 |
| sanitary
regulation
and inspection of cosmetology, | 5 |
| esthetics, nail technology, hair braiding, or barber | 6 |
| barbering
schools, salons, or shops.
| 7 |
| (6) To prescribe reasonable rules for the method of | 8 |
| renewal for each license
as a cosmetologist, esthetician, | 9 |
| nail technician, hair braider,
or barber or cosmetology, | 10 |
| esthetics, nail technology, hair braiding, or
barber | 11 |
| barbering teacher or cosmetology, esthetics, hair | 12 |
| braiding, or nail technology clinic
teacher.
| 13 |
| (7) To prescribe reasonable rules for the method of
| 14 |
| registration, the
issuance, fees, renewal and discipline | 15 |
| of a certificate of registration for the
ownership or | 16 |
| operation of cosmetology, esthetics, hair braiding, and | 17 |
| nail technology salons
and barber shops.
| 18 |
| (Source: P.A. 94-451, eff. 12-31-05.)
| 19 |
| (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
| 20 |
| (Section scheduled to be repealed on January 1, 2016)
| 21 |
| Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair | 22 |
| Braiding, and Nail Technology
Board. There is established | 23 |
| within the Department the Barber,
Cosmetology, Esthetics, Hair | 24 |
| Braiding, and Nail Technology Board, composed of 11
persons, | 25 |
| which shall serve in an advisory capacity to the Secretary |
|
|
|
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|
| 1 |
| Director
in all matters related to the practice of barbering, | 2 |
| cosmetology,
esthetics, hair braiding, and nail technology.
| 3 |
| The 11 members of the Board shall be appointed as follows: | 4 |
| 6 licensed
cosmetologists, all of whom hold a
current license | 5 |
| as a cosmetologist or cosmetology teacher and, for appointments
| 6 |
| made
after the effective date of this amendatory Act of 1996, | 7 |
| at least
2 of whom shall be an owner of or a major stockholder | 8 |
| in a school
of cosmetology,
2 of whom shall be representatives | 9 |
| of either a franchiser or an owner operating salons in 2 or | 10 |
| more locations within the State, one of whom shall be
an | 11 |
| independent salon owner,
and no one of the
cosmetologist | 12 |
| members shall be a manufacturer, jobber, or stockholder in a
| 13 |
| factory of
cosmetology articles or an immediate family member | 14 |
| of any of the above; one 2 of
whom shall be a barber barbers | 15 |
| holding a current license; one member who shall be a
licensed | 16 |
| esthetician or esthetics teacher; one member who shall be a | 17 |
| licensed
nail technician or nail technology teacher; one member | 18 |
| who shall be a licensed hair braider or hair braiding teacher; | 19 |
| and one public member who holds no
licenses issued by the | 20 |
| Department. The Secretary Director shall give due | 21 |
| consideration for membership to
recommendations by members of | 22 |
| the professions and by their professional
organizations. | 23 |
| Members shall serve 4 year terms and until their successors
are | 24 |
| appointed and qualified. No member shall be reappointed to the | 25 |
| Board for more than 2
terms. Appointments to fill vacancies | 26 |
| shall be made in the same manner as
original appointments for |
|
|
|
HB5783 Engrossed |
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|
| 1 |
| the unexpired portion of the vacated term. Members
of
the Board | 2 |
| in office on the effective date of this amendatory Act of
1996
| 3 |
| shall continue to serve for the duration of the terms to which | 4 |
| they have been
appointed, but beginning on that effective date | 5 |
| all appointments of licensed
cosmetologists and barbers to | 6 |
| serve as members of the Board shall be made
in a manner that | 7 |
| will effect at the earliest possible date the changes made by
| 8 |
| this amendatory Act of 1996 in the representative composition | 9 |
| of
the
Board.
| 10 |
| For the initial appointment of a member who shall be a hair | 11 |
| braider or hair braiding teacher to the Board, such individual | 12 |
| shall not be required to possess a license at the time of | 13 |
| appointment, but shall have at least 5 years active practice in | 14 |
| the field of hair braiding and shall obtain a license as a hair | 15 |
| braider or a hair braiding teacher within 18 months after | 16 |
| appointment to the Board. | 17 |
| Six A majority of Board members of the Board shall | 18 |
| constitute then appointed constitutes a quorum. A
majority of | 19 |
| the quorum is required for a Board decisions 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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LRB096 16775 ASK 32075 b |
|
| 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 Engrossed |
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LRB096 16775 ASK 32075 b |
|
| 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 Engrossed |
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LRB096 16775 ASK 32075 b |
|
| 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 Engrossed |
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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 Engrossed |
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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 Engrossed |
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|
| 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 Engrossed |
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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 Engrossed |
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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 Engrossed |
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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 Engrossed |
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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 Engrossed |
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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 Engrossed |
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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 |
| Secretary Director .
The Committee shall have 60 days from | 12 |
| receipt of the report to
review the report of the hearing | 13 |
| officer and present their findings
of fact, conclusions of law , | 14 |
| and recommendations to the Secretary Director . If
the Committee | 15 |
| fails to present its report within the 60 day period,
then the | 16 |
| Secretary Director shall issue an order based on the report of | 17 |
| the hearing
officer. If the Secretary Director determines that | 18 |
| the Committee's report is
contrary to the manifest weight of | 19 |
| the evidence, then he or she may issue an
order in | 20 |
| contravention of 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 |
|
|
|
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| 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 Engrossed |
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| 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 , |
|
|
|
HB5783 Engrossed |
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| 1 |
| 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. |
|
|
|
HB5783 Engrossed |
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|
| 1 |
| 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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| 1 |
| 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:
|
|
|
|
HB5783 Engrossed |
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|
| 1 |
| (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 |
|
|
|
HB5783 Engrossed |
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|
| 1 |
| 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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|
| 1 |
| (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.
|
|
|
|
HB5783 Engrossed |
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|
| 1 |
| (Source: P.A. 93-207, eff. 1-1-04; 93-914, eff. 1-1-05; | 2 |
| 94-1067, eff. 8-1-06.)
|
|