Full Text of SB2799 96th General Assembly
SB2799eng 96TH GENERAL ASSEMBLY
|
|
|
SB2799 Engrossed |
|
LRB096 16272 ASK 31529 b |
|
| 1 |
| AN ACT concerning professional regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Barber, Cosmetology, Esthetics, and Nail
| 5 |
| Technology Act of 1985 is amended by changing Sections 1-4, | 6 |
| 3-1, 3A-1, and 4-1 as follows:
| 7 |
| (225 ILCS 410/1-4) (from Ch. 111, par. 1701-4)
| 8 |
| (Section scheduled to be repealed on January 1, 2016)
| 9 |
| Sec. 1-4. Definitions. In this Act the following words | 10 |
| shall have the
following meanings:
| 11 |
| "Board" means the Barber, Cosmetology, Esthetics, and Nail | 12 |
| Technology Board.
| 13 |
| "Department" means the Department of Professional | 14 |
| Regulation.
| 15 |
| "Director" means the Director of Professional Regulation.
| 16 |
| "Licensed barber" means an individual licensed by the | 17 |
| Department
to practice barbering as defined in this Act and | 18 |
| whose
license is in good standing.
| 19 |
| "Licensed barber clinic teacher" means an individual | 20 |
| licensed by the Department to practice barbering, as defined in | 21 |
| this Act, and to provide clinical instruction in the practice | 22 |
| of barbering in an approved school of barbering.
| 23 |
| "Licensed cosmetologist" means an individual licensed by |
|
|
|
SB2799 Engrossed |
- 2 - |
LRB096 16272 ASK 31529 b |
|
| 1 |
| the
Department to practice cosmetology, nail technology, and | 2 |
| esthetics as
defined in this Act and whose license is in good | 3 |
| standing.
| 4 |
| "Licensed esthetician" means an individual
licensed by the
| 5 |
| Department to practice esthetics as defined in this Act and | 6 |
| whose
license is in good standing.
| 7 |
| "Licensed nail technician" means any individual
licensed | 8 |
| by
the Department to practice nail technology as defined in | 9 |
| this Act and whose
license is in good standing.
| 10 |
| "Licensed barber teacher" means an individual
licensed
by | 11 |
| the Department to practice barbering as defined in this Act
and | 12 |
| to provide instruction in the theory and practice of barbering | 13 |
| to students in an approved barber school.
| 14 |
| "Licensed cosmetology teacher" means an individual
| 15 |
| licensed by the Department to practice cosmetology,
esthetics, | 16 |
| and nail technology as defined in this Act
and to provide | 17 |
| instruction in the theory and
practice of cosmetology, | 18 |
| esthetics, and nail technology to
students in an approved | 19 |
| cosmetology, esthetics, or nail technology school.
| 20 |
| "Licensed cosmetology clinic teacher" means an individual | 21 |
| licensed by the
Department to practice cosmetology, esthetics, | 22 |
| and nail technology as defined
in this Act and to provide | 23 |
| clinical instruction in the practice of cosmetology,
| 24 |
| esthetics, and nail technology in an approved school of | 25 |
| cosmetology, esthetics,
or nail technology.
| 26 |
| "Licensed esthetics teacher" means an individual
licensed |
|
|
|
SB2799 Engrossed |
- 3 - |
LRB096 16272 ASK 31529 b |
|
| 1 |
| by
the Department to practice esthetics as defined in this Act | 2 |
| and to provide
instruction in the theory and practice of | 3 |
| esthetics
to students in an approved cosmetology or esthetics | 4 |
| school.
| 5 |
| "Licensed esthetics clinic teacher" means an individual | 6 |
| licensed by the
Department to practice esthetics as defined in | 7 |
| this Act and to provide clinical
instruction in the practice of | 8 |
| esthetics in an approved school of cosmetology
or an approved | 9 |
| school of esthetics.
| 10 |
| "Licensed nail technology teacher" means an individual
| 11 |
| licensed by the Department to practice nail technology and
to | 12 |
| provide instruction in the theory and
practice of nail | 13 |
| technology to students in an approved nail technology school
or | 14 |
| cosmetology school.
| 15 |
| "Licensed nail technology clinic teacher" means an | 16 |
| individual licensed by
the Department to practice nail | 17 |
| technology as defined in this Act and to
provide clinical | 18 |
| instruction in the practice of nail technology in an approved
| 19 |
| school of cosmetology or an approved school of nail technology.
| 20 |
| "Enrollment" is the date upon which the student signs an
| 21 |
| enrollment agreement or student contract.
| 22 |
| "Enrollment agreement" or "student contract" is any | 23 |
| agreement,
instrument, or contract however named, which | 24 |
| creates or evidences an
obligation binding a student to | 25 |
| purchase a course of instruction from a school.
| 26 |
| "Enrollment time" means the maximum number of hours a |
|
|
|
SB2799 Engrossed |
- 4 - |
LRB096 16272 ASK 31529 b |
|
| 1 |
| student
could have attended class, whether or not the student | 2 |
| did in fact attend
all those hours.
| 3 |
| "Elapsed enrollment time" means the enrollment time | 4 |
| elapsed between
the actual starting date and the date of the | 5 |
| student's last day of physical
attendance in the school.
| 6 |
| "Threading" means any technique that results in the removal | 7 |
| of superfluous hair from the body by twisting thread around | 8 |
| unwanted hair and then pulling it from the skin; and may also | 9 |
| include the incidental trimming of eyebrow hair. | 10 |
| (Source: P.A. 94-451, eff. 12-31-05; 94-871, eff. 6-16-06.)
| 11 |
| (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
| 12 |
| (Section scheduled to be repealed on January 1, 2016)
| 13 |
| Sec. 3-1. Cosmetology defined. Any one or any combination | 14 |
| of the
following practices constitutes the practice of | 15 |
| cosmetology when done for
cosmetic or beautifying purposes and | 16 |
| not for the treatment of disease or of
muscular or nervous | 17 |
| disorder: arranging, braiding, dressing, cutting,
trimming,
| 18 |
| curling, waving, chemical restructuring, shaping, singeing, | 19 |
| bleaching,
coloring or similar work, upon the hair of the head | 20 |
| or any cranial prosthesis; cutting or trimming
facial hair of | 21 |
| any person; any practice of
manicuring, pedicuring, decorating | 22 |
| nails, applying sculptured nails or
otherwise artificial nails | 23 |
| by hand or with mechanical or electrical
apparatus or | 24 |
| appliances, or in any way caring for the nails or the skin of
| 25 |
| the hands or feet including massaging the hands, arms, elbows, |
|
|
|
SB2799 Engrossed |
- 5 - |
LRB096 16272 ASK 31529 b |
|
| 1 |
| feet, lower
legs, and knees of another
person for other than | 2 |
| the treatment of medical disorders; any practice of epilation | 3 |
| or
depilation of any person; any practice for the purpose of | 4 |
| cleansing,
massaging or toning the skin of the scalp; | 5 |
| beautifying, massaging,
cleansing, exfoliating, or stimulating
| 6 |
| the stratum corneum of the epidermis by the use of cosmetic
| 7 |
| preparations, body treatments, body wraps, the use of
| 8 |
| hydrotherapy, or any device,
electrical, mechanical, or | 9 |
| otherwise; applying make-up or
eyelashes to any person or | 10 |
| lightening hair
on the body and removing superfluous hair from | 11 |
| the body of any person by
the use of depilatories, waxing , | 12 |
| threading, or tweezers. The term "cosmetology" does
not include | 13 |
| the services provided by an electrologist. Nail technology is
| 14 |
| the practice and the study of cosmetology only to the
extent of | 15 |
| manicuring, pedicuring, decorating, and applying sculptured or
| 16 |
| otherwise artificial nails, or in any way caring for the nail | 17 |
| or the skin of
the hands or feet including massaging the hands, | 18 |
| arms, elbows, feet, lower
legs,
and knees.
Cosmetologists are | 19 |
| prohibited from using any technique, product, or practice | 20 |
| intended to affect the living layers of the skin. The term | 21 |
| cosmetology includes
rendering advice on what is cosmetically | 22 |
| appealing, but no person licensed
under this Act shall render | 23 |
| advice on what is appropriate medical treatment
for diseases of | 24 |
| the skin. Purveyors of cosmetics may demonstrate such cosmetic
| 25 |
| products in conjunction with any sales promotion and shall not | 26 |
| be
required to hold a license under this Act.
Nothing in this |
|
|
|
SB2799 Engrossed |
- 6 - |
LRB096 16272 ASK 31529 b |
|
| 1 |
| Act shall be construed to prohibit the shampooing of hair
by | 2 |
| persons employed for that purpose and who perform that task
| 3 |
| under the direct supervision of a licensed cosmetologist or | 4 |
| licensed
cosmetology teacher.
| 5 |
| (Source: P.A. 94-451, eff. 12-31-05.)
| 6 |
| (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
| 7 |
| (Section scheduled to be repealed on January 1, 2016)
| 8 |
| Sec. 3A-1. Esthetics defined.
| 9 |
| (A) Any one or combination of the
following practices, when | 10 |
| done for cosmetic or beautifying purposes and not for the | 11 |
| treatment of disease or of a muscular or nervous disorder,
| 12 |
| constitutes the practice of esthetics:
| 13 |
| 1. Beautifying, massaging, cleansing, exfoliating, or | 14 |
| stimulating the stratum corneum of
the epidermis
by the use | 15 |
| of cosmetic preparations, body
treatments, body wraps, | 16 |
| hydrotherapy,
or any device, electrical, mechanical, or
| 17 |
| otherwise, for the care of the skin;
| 18 |
| 2. Applying make-up or eyelashes to any person or | 19 |
| lightening hair on the body except the scalp; and
| 20 |
| 3. Removing superfluous hair from the body of any | 21 |
| person.
| 22 |
| However, esthetics does not include the services
provided | 23 |
| by a cosmetologist or electrologist. Estheticians are | 24 |
| prohibited
from using techniques, products, and practices | 25 |
| intended to affect the living layers of the skin. The term |
|
|
|
SB2799 Engrossed |
- 7 - |
LRB096 16272 ASK 31529 b |
|
| 1 |
| esthetics includes rendering advice on what is
cosmetically | 2 |
| appealing, but no person licensed under this Act shall render
| 3 |
| advice on what is appropriate medical treatment for diseases of | 4 |
| the skin.
| 5 |
| (B)
"Esthetician" means any person who, with hands or | 6 |
| mechanical or
electrical apparatus or appliances, engages only | 7 |
| in the use of cosmetic
preparations, body treatments, body | 8 |
| wraps, hydrotherapy, makeups,
antiseptics, tonics, lotions, | 9 |
| creams or
other preparations or in the practice of massaging, | 10 |
| cleansing, exfoliating
the stratum corneum of the epidermis,
| 11 |
| stimulating,
manipulating, beautifying, grooming , threading, | 12 |
| or similar work on the
face, neck, arms and hands or body in a | 13 |
| superficial mode, and not for
the treatment of medical | 14 |
| disorders.
| 15 |
| (Source: P.A. 94-451, eff. 12-31-05.)
| 16 |
| (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
| 17 |
| (Section scheduled to be repealed on January 1, 2016)
| 18 |
| Sec. 4-1. Powers and duties of Department. The Department | 19 |
| shall
exercise, subject to the provisions of this Act, the | 20 |
| following functions,
powers and duties:
| 21 |
| (1) To cause to be conducted examinations to ascertain | 22 |
| the
qualifications and fitness of applicants for licensure | 23 |
| as
cosmetologists, estheticians, nail technicians, or | 24 |
| barbers and as
cosmetology, esthetics, nail technology, or | 25 |
| barbering teachers.
|
|
|
|
SB2799 Engrossed |
- 8 - |
LRB096 16272 ASK 31529 b |
|
| 1 |
| (2) To determine the qualifications for licensure as a
| 2 |
| cosmetologist,
esthetician, nail technician, or barber or | 3 |
| cosmetology, esthetics, nail
technology, or barber teacher | 4 |
| or cosmetology, esthetics, or nail technology
clinic | 5 |
| teachers for persons currently licensed as
cosmetologists, | 6 |
| estheticians, nail technicians, or barbers or cosmetology,
| 7 |
| esthetics, nail technology, or barber teachers or | 8 |
| cosmetology, esthetics, or
nail technology clinic teachers
| 9 |
| outside the State of
Illinois or the continental U.S.
| 10 |
| (3) To prescribe rules for:
| 11 |
| (i) The method of examination of candidates for | 12 |
| licensure as a
cosmetologist, esthetician, nail | 13 |
| technician, or barber or cosmetology,
esthetics, nail | 14 |
| technology, or barbering teacher.
| 15 |
| (ii) Minimum standards as to what constitutes an | 16 |
| approved
school of cosmetology, esthetics, nail | 17 |
| technology, or barbering.
| 18 |
| (4) To conduct investigations or hearings on | 19 |
| proceedings to
determine
disciplinary action.
| 20 |
| (5) To prescribe reasonable rules governing the | 21 |
| sanitary
regulation
and inspection of cosmetology, | 22 |
| esthetics, nail technology, or barbering
schools, salons, | 23 |
| or shops.
| 24 |
| (6) To prescribe reasonable rules for the method of | 25 |
| renewal for each license
as a cosmetologist, esthetician, | 26 |
| nail technician,
or barber or cosmetology, esthetics, nail |
|
|
|
SB2799 Engrossed |
- 9 - |
LRB096 16272 ASK 31529 b |
|
| 1 |
| technology, or
barbering teacher or cosmetology, | 2 |
| esthetics, or nail technology clinic
teacher.
| 3 |
| (7) To prescribe reasonable rules for the method of
| 4 |
| registration, the
issuance, fees, renewal and discipline | 5 |
| of a certificate of registration for the
ownership or | 6 |
| operation of cosmetology, esthetics, and nail technology | 7 |
| salons
and barber shops.
| 8 |
| (8) To adopt rules concerning sanitation requirements, | 9 |
| requirements for education on sanitation, and any other | 10 |
| health concerns associated with threading. | 11 |
| (Source: P.A. 94-451, eff. 12-31-05.)
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
|
|