Full Text of HB3655 99th General Assembly
HB3655ham001 99TH GENERAL ASSEMBLY | Rep. Daniel J. Burke Filed: 3/17/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3655
| 2 | | AMENDMENT NO. ______. Amend House Bill 3655 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.26 as follows: | 6 | | (5 ILCS 80/4.26)
| 7 | | Sec. 4.26. Acts repealed on January 1, 2016. The following | 8 | | Acts are repealed on January 1, 2016: | 9 | | The Illinois Athletic Trainers Practice Act.
| 10 | | The Illinois Roofing Industry Licensing Act.
| 11 | | The Illinois Dental Practice Act.
| 12 | | The Collection Agency Act.
| 13 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and | 14 | | Nail Technology , and Eyelash Extension Application Act of 1985.
| 15 | | The Respiratory Care Practice Act.
| 16 | | The Hearing Instrument Consumer Protection Act.
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| 1 | | The Illinois Physical Therapy Act.
| 2 | | The Professional Geologist Licensing Act. | 3 | | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | 4 | | 96-1246, eff. 1-1-11.) | 5 | | Section 10. The Massage Licensing Act is amended by | 6 | | changing Section 30 as follows:
| 7 | | (225 ILCS 57/30)
| 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 30. Title protection.
| 10 | | (a) Persons regulated by this Act are designated as massage | 11 | | therapists
and
therefore
are exclusively entitled to utilize | 12 | | the terms "massage", "massage therapy", and
"massage | 13 | | therapist" when advertising or printing
promotional material.
| 14 | | (b) Anyone who knowingly aids and abets one or more persons | 15 | | not authorized
to
use a
professional title regulated by this | 16 | | Act or knowingly employs persons not
authorized to use the
| 17 | | regulated professional title in the course of their employment, | 18 | | commits a
violation of this Act.
| 19 | | (c) Anyone not authorized, under the definitions of this | 20 | | Act, to utilize the
term
"massage", "massage therapy", or | 21 | | "massage therapist" and who knowingly utilizes
these terms when | 22 | | advertising
commits a violation
of this Act.
| 23 | | (d) Nothing in this Act shall prohibit the use of the terms | 24 | | "massage", "massage therapy", or "massage therapist" by a salon |
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| 1 | | registered under the Barber, Cosmetology, Esthetics, Hair | 2 | | Braiding, and Nail Technology , and Eyelash Extension | 3 | | Application Act of 1985, provided that the salon offers massage | 4 | | therapy services in accordance with this Act. | 5 | | (Source: P.A. 97-514, eff. 8-23-11.)
| 6 | | Section 15. The Barber, Cosmetology, Esthetics, Hair | 7 | | Braiding, and Nail
Technology Act of 1985 is amended by | 8 | | changing Sections 1-1, 1-2, 1-4, 1-7, 1-7.5, 1-10, 1-11, the | 9 | | heading of Article IIIB, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15, | 10 | | 3B-16, the heading of Article IIID, 3D-5, and 3E-2 and Sections | 11 | | 4-1, 4-2, 4-4, 4-7, 4-9, 4-19, and 4-20 and by adding the | 12 | | heading of Article IIIF and Sections 3F-1, 3F-2, 3F-3, 3F-4, | 13 | | 3F-5, and 3F-6 as follows:
| 14 | | (225 ILCS 410/1-1) (from Ch. 111, par. 1701-1)
| 15 | | (Section scheduled to be repealed on January 1, 2016)
| 16 | | Sec. 1-1. Title of Act. This Act may be cited as the | 17 | | Barber, Cosmetology, Esthetics, Hair Braiding, and Nail | 18 | | Technology , and Eyelash Extension Application Act of 1985.
| 19 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 20 | | (225 ILCS 410/1-2) (from Ch. 111, par. 1701-2)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 1-2. Public policy. The practices of barbering, | 23 | | cosmetology, esthetics, hair braiding, and nail technology , |
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| 1 | | and eyelash extension application
in the State of Illinois are | 2 | | hereby declared to affect the public health,
safety and welfare | 3 | | and to be subject to regulation and control in the public
| 4 | | interest. It is further declared to be a matter of public | 5 | | interest
and concern that the professions merit and receive the | 6 | | confidence of
the public and that only qualified persons be | 7 | | permitted to practice
said professions in the State of | 8 | | Illinois. This Act shall be liberally
construed to carry out | 9 | | these objects and purposes.
| 10 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 11 | | (225 ILCS 410/1-4)
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 1-4. Definitions. In this Act the following words | 14 | | shall have the
following meanings:
| 15 | | "Board" means the Barber, Cosmetology, Esthetics, Hair | 16 | | Braiding, and Nail Technology , and Eyelash Extension | 17 | | Application Board.
| 18 | | "Department" means the Department of Financial and | 19 | | Professional Regulation.
| 20 | | "Licensed barber" means an individual licensed by the | 21 | | Department
to practice barbering as defined in this Act and | 22 | | whose
license is in good standing.
| 23 | | "Licensed cosmetologist" means an individual licensed by | 24 | | the
Department to practice cosmetology, nail technology, hair | 25 | | braiding, and esthetics as
defined in this Act and whose |
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| 1 | | license is in good standing.
| 2 | | "Licensed esthetician" means an individual
licensed by the
| 3 | | Department to practice esthetics as defined in this Act and | 4 | | whose
license is in good standing.
| 5 | | "Licensed eyelash extension application technician" means | 6 | | an individual licensed by the Department to practice eyelash | 7 | | extension application as defined in this Act and whose license | 8 | | is in good standing. | 9 | | "Licensed nail technician" means any individual
licensed | 10 | | by
the Department to practice nail technology as defined in | 11 | | this Act and whose
license is in good standing.
| 12 | | "Licensed barber teacher" means an individual
licensed
by | 13 | | the Department to practice barbering as defined in this Act
and | 14 | | to provide instruction in the theory and practice of barbering | 15 | | to students in an approved barber school.
| 16 | | "Licensed cosmetology teacher" means an individual
| 17 | | licensed by the Department to practice cosmetology,
esthetics, | 18 | | hair braiding, and nail technology as defined in this Act
and | 19 | | to provide instruction in the theory and
practice of | 20 | | cosmetology, esthetics, and nail technology to
students in an | 21 | | approved cosmetology, esthetics, or nail technology school.
| 22 | | "Licensed cosmetology clinic teacher" means an individual | 23 | | licensed by the
Department to practice cosmetology, esthetics, | 24 | | and nail technology as defined
in this Act and to provide | 25 | | clinical instruction in the practice of cosmetology,
| 26 | | esthetics, hair braiding, and nail technology in an approved |
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| 1 | | school of cosmetology, esthetics,
or nail technology.
| 2 | | "Licensed esthetics teacher" means an individual
licensed | 3 | | by
the Department to practice esthetics as defined in this Act | 4 | | and to provide
instruction in the theory and practice of | 5 | | esthetics
to students in an approved cosmetology or esthetics | 6 | | school.
| 7 | | "Licensed eyelash extension application teacher" means an | 8 | | individual licensed by the Department to practice eyelash | 9 | | extension application as defined in this Act and to provide | 10 | | instruction in the theory and practice of eyelash extension | 11 | | application to students in an approved eyelash extension | 12 | | application school. | 13 | | "Licensed hair braider" means any individual licensed by | 14 | | the Department to practice hair braiding as defined in Section | 15 | | 3E-1 and whose license is in good standing. | 16 | | "Licensed hair braiding teacher" means an individual | 17 | | licensed by the Department to practice hair braiding and to | 18 | | provide instruction in the theory and practice of hair braiding | 19 | | to students in an approved cosmetology or hair braiding school. | 20 | | "Licensed nail technology teacher" means an individual
| 21 | | licensed by the Department to practice nail technology and
to | 22 | | provide instruction in the theory and
practice of nail | 23 | | technology to students in an approved nail technology school
or | 24 | | cosmetology school.
| 25 | | "Enrollment" is the date upon which the student signs an
| 26 | | enrollment agreement or student contract.
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| 1 | | "Enrollment agreement" or "student contract" is any | 2 | | agreement,
instrument, or contract however named, which | 3 | | creates or evidences an
obligation binding a student to | 4 | | purchase a course of instruction from a school.
| 5 | | "Enrollment time" means the maximum number of hours a | 6 | | student
could have attended class, whether or not the student | 7 | | did in fact attend
all those hours.
| 8 | | "Elapsed enrollment time" means the enrollment time | 9 | | elapsed between
the actual starting date and the date of the | 10 | | student's last day of physical
attendance in the school.
| 11 | | "Eyelash extension application" means any technique in | 12 | | which semi-permanent, thread-like extensions are bonded to a | 13 | | person's eyelashes. | 14 | | "Secretary" means the Secretary of the Department of | 15 | | Financial and Professional Regulation. | 16 | | "Threading" means any technique that results in the removal | 17 | | of superfluous hair from the body by twisting thread around | 18 | | unwanted hair and then pulling it from the skin; and may also | 19 | | include the incidental trimming of eyebrow hair. | 20 | | (Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12; | 21 | | 98-238, eff. 1-1-14; 98-911, eff. 1-1-15 .)
| 22 | | (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
| 23 | | (Section scheduled to be repealed on January 1, 2016)
| 24 | | Sec. 1-7. Licensure required; renewal.
| 25 | | (a) It is unlawful for any person to practice, or to hold |
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| 1 | | himself or
herself out to be a cosmetologist, esthetician, nail | 2 | | technician, hair braider, or
barber , or licensed eyelash | 3 | | extension application technician without a license as a | 4 | | cosmetologist,
esthetician, nail technician, hair braider , or | 5 | | barber , or eyelash extension application technician issued by | 6 | | the Department of Financial and
Professional Regulation | 7 | | pursuant to the provisions of this Act and of the
Civil | 8 | | Administrative Code of Illinois. It is also unlawful for any | 9 | | person,
firm, partnership, or corporation to own, operate, or | 10 | | conduct a
cosmetology, esthetics, nail technology, hair | 11 | | braiding , or eyelash extension application salon , or barber | 12 | | school
without a license
issued by the Department or to own or | 13 | | operate a cosmetology, esthetics, nail
technology, or hair | 14 | | braiding , or eyelash extension application salon or barber shop | 15 | | without a certificate of registration issued
by the Department. | 16 | | It is further unlawful for any person to teach in any
| 17 | | cosmetology, esthetics, nail technology, hair braiding, | 18 | | eyelash extension application, or barber college or school
| 19 | | approved by the Department or hold himself or herself out as a | 20 | | cosmetology,
esthetics, hair braiding, nail technology, | 21 | | eyelash extension application, or barber teacher without a | 22 | | license as a teacher,
issued by the Department
or as a | 23 | | cosmetology clinic teacher without a license as a clinic | 24 | | teacher issued
by the
Department.
| 25 | | (b) Notwithstanding any other provision of this Act, a | 26 | | person licensed as a
cosmetologist may hold himself or herself |
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| 1 | | out as
an esthetician and may engage in the practice of | 2 | | esthetics, as defined in this
Act, without being licensed as an | 3 | | esthetician. A person
licensed as a cosmetology teacher may
| 4 | | teach esthetics or hold himself or herself out as an esthetics | 5 | | teacher without
being licensed as an esthetics teacher. A | 6 | | person
licensed as a cosmetologist may hold himself or herself | 7 | | out
as a nail technician and may engage in the practice of nail | 8 | | technology, as
defined in this Act, without being licensed as a | 9 | | nail
technician. A person licensed as a cosmetology teacher may
| 10 | | teach nail technology and hold himself or herself out as a nail | 11 | | technology
teacher without being licensed as a nail
technology | 12 | | teacher. A person licensed as a cosmetologist may hold himself | 13 | | or herself out as a hair braider and may engage in the practice | 14 | | of hair braiding, as defined in this Act, without being | 15 | | licensed as a hair braider. A person licensed as a cosmetology | 16 | | teacher may teach hair braiding and hold himself or herself out | 17 | | as a hair braiding teacher without being licensed as a hair | 18 | | braiding teacher.
| 19 | | (c) A person licensed as a barber teacher may hold himself | 20 | | or herself out
as a barber and may practice barbering without a | 21 | | license as a barber. A person
licensed as a cosmetology teacher | 22 | | may hold himself or herself out as a
cosmetologist, | 23 | | esthetician, hair braider, and nail technologist and may | 24 | | practice cosmetology,
esthetics, hair braiding, and nail | 25 | | technology without a license as a cosmetologist,
esthetician, | 26 | | hair braider, or nail technologist. A person licensed as an |
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| 1 | | esthetics teacher
may hold himself or herself out as an | 2 | | esthetician without being licensed as an
esthetician and may | 3 | | practice esthetics. A person licensed as a nail technician
| 4 | | teacher may practice nail technology and may hold himself or | 5 | | herself out as a
nail technologist without being licensed as a | 6 | | nail technologist. A person licensed as a hair braiding teacher | 7 | | may practice hair braiding and may hold himself or herself out | 8 | | as a hair braider without being licensed as a hair braider.
| 9 | | (d) The holder of a license issued under this Act may renew | 10 | | that license during the month preceding the expiration date of | 11 | | the license by paying the required fee.
| 12 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 13 | | (225 ILCS 410/1-7.5)
| 14 | | (Section scheduled to be repealed on January 1, 2016)
| 15 | | Sec. 1-7.5. Unlicensed practice; violation; civil penalty.
| 16 | | (a) Any person who practices, offers to practice, attempts | 17 | | to practice, or
holds himself or herself out to practice | 18 | | barbering, cosmetology, esthetics, hair braiding, eyelash | 19 | | extension application, or
nail technology without being | 20 | | licensed under this Act shall, in
addition to any other penalty | 21 | | provided by law, pay a civil penalty to the
Department in an | 22 | | amount not to exceed $5,000 for each offense as determined by
| 23 | | the Department. The civil penalty shall be assessed by the | 24 | | Department after a
hearing is held in accordance with the | 25 | | provisions set forth in this Act
regarding disciplining a |
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| 1 | | licensee.
| 2 | | (b) The Department has the authority and power to | 3 | | investigate any and all
unlicensed activity.
| 4 | | (c) The civil penalty shall be paid within 60 days after | 5 | | the effective date
of the order imposing the civil penalty. The | 6 | | order shall constitute a judgment
and may be filed and | 7 | | execution had thereon in the same manner as any judgment
from | 8 | | any court of record.
| 9 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 10 | | (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 1-10. Display. Every holder of a
license shall display | 13 | | it in a place in the
holder's principal office, place of | 14 | | business or place of employment.
Whenever a licensed | 15 | | cosmetologist, esthetician, nail
technician, hair braider, | 16 | | eyelash extension application technician, or barber practices | 17 | | cosmetology, esthetics, nail technology, hair braiding, | 18 | | eyelash extension application, or
barbering outside of or away | 19 | | from the cosmetologist's, esthetician's, nail
technician's, | 20 | | hair braider's, eyelash extension application technician's, or | 21 | | barber's principal office, place of business, or place of
| 22 | | employment, the cosmetologist, esthetician, nail technician, | 23 | | hair braider, eyelash extension application technician, or | 24 | | barber shall
deliver to each person served a certificate of | 25 | | identification in a form
specified by the Department.
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| 1 | | Every registered shop shall display its certificate of | 2 | | registration at the
location of the shop. Each shop where | 3 | | barber, cosmetology, esthetics, hair braiding, eyelash | 4 | | extension application, or nail
technology services are | 5 | | provided shall have a certificate of registration.
| 6 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 7 | | (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 1-11. Exceptions to Act.
| 10 | | (a) Nothing in this Act shall be construed to apply to the | 11 | | educational
activities conducted in connection with any | 12 | | monthly, annual or other
special educational program of any | 13 | | bona fide association of licensed
cosmetologists, | 14 | | estheticians, nail technicians, hair braiders, eyelash | 15 | | extension application technicians, or barbers, or
licensed | 16 | | cosmetology, esthetics, nail technology, hair braiding, or | 17 | | barber
schools from which the general public is excluded.
| 18 | | (b) Nothing in this Act shall be construed to apply to the | 19 | | activities
and services of registered nurses or licensed | 20 | | practical nurses, as defined in
the Nurse Practice Act, or to | 21 | | personal care or health
care services
provided by individuals | 22 | | in the performance of their duties as employed or
authorized by | 23 | | facilities or programs licensed or certified by State agencies.
| 24 | | As used in this subsection (b), "personal care" means | 25 | | assistance with meals,
dressing, movement, bathing, or other |
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| 1 | | personal needs or maintenance or general
supervision and | 2 | | oversight of the physical and mental well-being of an
| 3 | | individual who is incapable of maintaining a private,
| 4 | | independent residence or who is incapable of managing his or | 5 | | her person whether
or not a guardian has been appointed for | 6 | | that individual.
The definition of "personal care" as used in | 7 | | this subsection (b) shall not
otherwise be construed to negate | 8 | | the requirements of this Act or its rules.
| 9 | | (c) Nothing in this Act shall be deemed to require | 10 | | licensure of
individuals employed by the motion picture, film, | 11 | | television, stage play or
related industry for the purpose of | 12 | | providing cosmetology , temporary eyelash enhancement, or | 13 | | esthetics
services to actors of that industry while engaged in | 14 | | the practice of
cosmetology or esthetics as a part of that | 15 | | person's employment.
| 16 | | (Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
| 17 | | (225 ILCS 410/Art. IIIB heading) | 18 | | ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
| 19 | | EYELASH EXTENSION APPLICATION, AND NAIL TECHNOLOGY SCHOOLS
| 20 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 21 | | (225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 3B-1. Application. The provisions of this Article are | 24 | | applicable
only to barber, cosmetology, esthetics, hair |
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| 1 | | braiding, eyelash extension application, and nail technology | 2 | | schools
regulated under this Act.
| 3 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 4 | | (225 ILCS 410/3B-10)
| 5 | | (Section scheduled to be repealed on January 1, 2016)
| 6 | | Sec. 3B-10. Requisites for ownership or operation of | 7 | | school. No person,
firm, or corporation may own, operate, or | 8 | | conduct a school of barbering, cosmetology,
esthetics, hair | 9 | | braiding, eyelash extension application, or nail technology | 10 | | for the purpose of teaching barbering, cosmetology,
esthetics, | 11 | | hair braiding, eyelash extension application, or nail | 12 | | technology for compensation unless licensed by the Department. | 13 | | A licensed school is a postsecondary educational institution | 14 | | authorized by the Department to provide a postsecondary | 15 | | education program in compliance with the requirements of this | 16 | | Act. An applicant shall apply to the Department on forms
| 17 | | provided by the Department, pay the required fees, and comply | 18 | | with the
following requirements:
| 19 | | 1. The applicant must submit to the Department for | 20 | | approval:
| 21 | | a. A floor plan, drawn to a scale specified on the | 22 | | floor plan,
showing every detail of the proposed | 23 | | school; and
| 24 | | b. A lease commitment or proof of ownership for the | 25 | | location of the
proposed school; a lease commitment |
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| 1 | | must provide for execution of the lease
upon the | 2 | | Department's approval of the school's application and | 3 | | the lease must
be for a period of at least one year.
| 4 | | c. (Blank).
| 5 | | 2. An application to own or operate a school shall | 6 | | include the following:
| 7 | | a. If the owner is a corporation, a copy of the | 8 | | Articles of
Incorporation;
| 9 | | b. If the owner is a partnership, a listing of all | 10 | | partners and their
current addresses;
| 11 | | c. If the applicant is an owner, a completed | 12 | | financial statement showing
the owner's ability to | 13 | | operate the school for at least 3 months;
| 14 | | d. A copy of the official enrollment agreement or | 15 | | student contract to be
used by the school, which shall | 16 | | be consistent with the requirements of
this Act and | 17 | | rules;
| 18 | | e. A listing of all teachers who will be in the | 19 | | school's employ,
including their teacher license | 20 | | numbers;
| 21 | | f. A copy of the curricula that will be followed;
| 22 | | g. The names, addresses, and current status of all | 23 | | schools in which the
applicant has previously owned any | 24 | | interest, and a declaration as to whether
any of these | 25 | | schools were ever denied accreditation or licensing or | 26 | | lost
accreditation or licensing from any governmental |
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| 1 | | body or accrediting agency;
| 2 | | h. Each application for a certificate of approval | 3 | | shall be signed and
certified under oath by the | 4 | | school's chief managing employee and also by
its | 5 | | individual owner or owners; if the applicant is a | 6 | | partnership or a
corporation, then the application | 7 | | shall be signed and certified under oath by
the | 8 | | school's chief managing employee and also by each | 9 | | member of the partnership
or each officer of the | 10 | | corporation, as the case may be;
| 11 | | i. A copy of the school's official transcript; and
| 12 | | j. The required fee.
| 13 | | 3. Each application for a license to operate a
school | 14 | | shall also contain the following commitments:
| 15 | | a. To conduct the school in accordance with this | 16 | | Act and the standards,
and rules from time to time | 17 | | adopted under this Act and to meet standards and
| 18 | | requirements at least as stringent as those required by | 19 | | Part H of the Federal
Higher Education Act of 1965.
| 20 | | b. To permit the Department to inspect the school | 21 | | or classes thereof
from time to time with or without | 22 | | notice; and to make available to the
Department, at any | 23 | | time when required to do so, information including
| 24 | | financial information pertaining to the activities of | 25 | | the school required
for the administration of this Act | 26 | | and the standards and rules adopted under
this Act;
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| 1 | | c. To utilize only advertising and solicitation | 2 | | which is free from
misrepresentation, deception, | 3 | | fraud, or other misleading or unfair trade
practices;
| 4 | | d. To screen applicants to the school prior to | 5 | | enrollment pursuant to
the requirements of the | 6 | | school's regional or national accrediting agency,
if | 7 | | any, and to maintain any and all records of such | 8 | | screening. If the
course of instruction is offered in a | 9 | | language other than English, the
screening shall also | 10 | | be performed in that language;
| 11 | | e. To post in a conspicuous place a statement, | 12 | | developed by the
Department, of student's rights | 13 | | provided under this Act.
| 14 | | 4. The applicant shall establish to the satisfaction of | 15 | | the Department
that the owner possesses sufficient liquid | 16 | | assets to meet the prospective
expenses of the school for a | 17 | | period of 3 months. In the discretion of
the Department, | 18 | | additional proof of financial ability may be required.
| 19 | | 5. The applicant shall comply with all rules of the | 20 | | Department determining
the necessary curriculum and | 21 | | equipment required for the conduct of the school.
| 22 | | 6. The applicant must demonstrate employment of a | 23 | | sufficient number of
qualified teachers who are holders of | 24 | | a current license issued by the
Department.
| 25 | | 7.
A final inspection of the barber, cosmetology, | 26 | | esthetics, hair braiding, eyelash extension application, |
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| 1 | | or nail technology school shall be
made by the Department | 2 | | before the school may commence classes.
| 3 | | 8. A written inspection report must be made by the | 4 | | State Fire Marshal or a local fire authority approving the | 5 | | use of the proposed premises as a barber, cosmetology, | 6 | | esthetics, hair braiding, eyelash extension application, | 7 | | or nail technology school.
| 8 | | (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15 .)
| 9 | | (225 ILCS 410/3B-11)
| 10 | | (Section scheduled to be repealed on January 1, 2016)
| 11 | | Sec. 3B-11. Periodic review of barber, cosmetology, | 12 | | esthetics, hair braiding, eyelash extension application, and | 13 | | nail technology
schools. The Department shall review at least | 14 | | biennially all approved schools
and courses of instruction. The | 15 | | biennial review shall include consideration of
a comparison | 16 | | between the graduation or completion rate for the school and | 17 | | the
graduation or completion rate for the schools within that | 18 | | classification of
schools. Consideration shall be given to | 19 | | complaints and information forwarded
to the Department by the | 20 | | Federal Trade Commission, Better Business Bureaus, the
| 21 | | Illinois Attorney General's Office, a State's Attorney's | 22 | | Office,
other State or official approval agencies, local school | 23 | | officials, and
interested persons. The Department shall | 24 | | investigate all complaints
filed with the Department about a | 25 | | school or its sales representatives.
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| 1 | | A school shall retain
the records, as defined by rule, of a | 2 | | student
who withdraws from or drops out of the school, by | 3 | | written notice of
cancellation or otherwise, for any period | 4 | | longer than 7 years from the
student's first day of attendance. | 5 | | However, a school shall retain indefinitely
the transcript of | 6 | | each student who completes the program and
graduates from the | 7 | | school.
| 8 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 9 | | (225 ILCS 410/3B-12)
| 10 | | (Section scheduled to be repealed on January 1, 2016)
| 11 | | Sec. 3B-12. Enrollment agreements.
| 12 | | (a) Enrollment agreements shall be used by barber, | 13 | | cosmetology, esthetics, hair braiding, eyelash extension | 14 | | application, and nail
technology schools licensed to operate by | 15 | | the Department and shall include the
following written | 16 | | disclosures:
| 17 | | (1) The name and address of the school and the | 18 | | addresses where instruction
will be given;
| 19 | | (2) The name and description of the course of | 20 | | instruction, including the
number
of clock hours in each | 21 | | course and an approximate number of weeks or months
| 22 | | required for completion;
| 23 | | (3) The scheduled starting date and calculated | 24 | | completion date;
| 25 | | (4) The total cost of the course of instruction |
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| 1 | | including any charges made
by the school for tuition, | 2 | | books, materials, supplies, and other expenses;
| 3 | | (5) A clear and conspicuous statement that the contract | 4 | | is a legally
binding instrument when signed by the student | 5 | | and accepted by the school;
| 6 | | (6) A clear and conspicuous caption, "BUYER'S RIGHT TO | 7 | | CANCEL" under which
it is explained that the student has | 8 | | the right to cancel the initial enrollment
agreement until | 9 | | midnight of the fifth business day after the student has | 10 | | been
enrolled; and if notice of the right to cancel is not | 11 | | given to any prospective
student at the time the enrollment | 12 | | agreement is signed, then the student has
the right to | 13 | | cancel the agreement at any time and receive a refund of | 14 | | all
monies paid to date within 10 days of cancellation;
| 15 | | (7) A notice to the students that the cancellation must | 16 | | be in writing and
given to the registered agent, if any, or | 17 | | managing employee of the school;
| 18 | | (8) The school's refund policy for unearned tuition, | 19 | | fees, and other
charges;
| 20 | | (9) The date of the student's signature and the date of | 21 | | the student's
admission;
| 22 | | (10) The name of the school employee or agent | 23 | | responsible for procuring,
soliciting, or enrolling the | 24 | | student;
| 25 | | (11) A clear statement that the institution does not | 26 | | guarantee employment
and a statement describing the |
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| 1 | | school's placement assistance procedures;
| 2 | | (12) The graduation requirements of the school;
| 3 | | (13) The contents of the following notice, in at least | 4 | | 10 point bold type:
| 5 | | "NOTICE TO THE STUDENT"
| 6 | | "Do not sign this contract before you read it or if it | 7 | | contains
any blank space.
You are entitled to an exact copy | 8 | | of the contract you sign."
| 9 | | (14) A statement either in the enrollment agreement or | 10 | | separately provided
and
acknowledged by the student | 11 | | indicating the number of students who did not
complete the | 12 | | course of instruction for which they enrolled for the past
| 13 | | calendar year as compared to the number of students who | 14 | | enrolled in school
during the school's past calendar year;
| 15 | | (15) The following clear and conspicuous caption: | 16 | | "COMPLAINTS AGAINST
THIS SCHOOL MAY BE REGISTERED WITH THE | 17 | | DEPARTMENT OF FINANCIAL AND PROFESSIONAL
REGULATION", set | 18 | | forth with the address and telephone number of the
| 19 | | Department's Chicago and Springfield offices.
| 20 | | (b) If the enrollment is negotiated orally in a language | 21 | | other than English,
then copies
of the above disclosures shall | 22 | | be tendered in the language in which the
contract was | 23 | | negotiated prior to executing the enrollment agreement.
| 24 | | (c) The school shall comply with all applicable | 25 | | requirements of the Retail
Installment Sales Act in its | 26 | | enrollment agreement or student contracts.
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| 1 | | (d) No enrollment agreement or student contract shall | 2 | | contain a wage
assignment provision or a confession of judgment | 3 | | clause.
| 4 | | (e) Any provision in an enrollment agreement or student | 5 | | contract that
purports
to waive the student's right to assert | 6 | | against the school, or any assignee, any
claim or defense he or | 7 | | she may have against the school arising under the
contract | 8 | | shall be void.
| 9 | | (f) Two copies of the enrollment agreement shall be signed | 10 | | by the
student. One copy shall be given to the student and the | 11 | | school shall retain
the other copy as part of the student's | 12 | | permanent record.
| 13 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 14 | | (225 ILCS 410/3B-15)
| 15 | | (Section scheduled to be repealed on January 1, 2016)
| 16 | | Sec. 3B-15. Grounds for disciplinary action. In addition to | 17 | | any
other cause herein set forth the Department may refuse to | 18 | | issue or renew and
may suspend, place on probation, or revoke | 19 | | any license to operate a school, or
take any other disciplinary | 20 | | or non-disciplinary action that the Department may deem proper, | 21 | | including the
imposition of fines not to exceed $5,000 for each | 22 | | violation, for any
one or any combination of the following | 23 | | causes:
| 24 | | (1) Repeated violation of any provision of this Act or | 25 | | any standard or rule
established under this Act.
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| 1 | | (2) Knowingly furnishing false, misleading, or | 2 | | incomplete information to the
Department or failure to | 3 | | furnish information requested by the Department.
| 4 | | (3) Violation of any commitment made in an application | 5 | | for a license,
including failure to maintain standards that | 6 | | are the same as, or substantially
equivalent to, those | 7 | | represented in the school's applications
and
advertising.
| 8 | | (4) Presenting to prospective students information | 9 | | relating to the school,
or to employment opportunities or | 10 | | opportunities for enrollment in institutions
of higher | 11 | | learning after entering into or completing courses offered | 12 | | by the
school, that is false, misleading, or
fraudulent.
| 13 | | (5) Failure to provide premises or equipment or to | 14 | | maintain them in a safe
and sanitary condition as required | 15 | | by law.
| 16 | | (6) Failure to maintain financial resources adequate | 17 | | for the satisfactory
conduct of the courses of instruction | 18 | | offered or to retain a sufficient and
qualified | 19 | | instructional and administrative staff.
| 20 | | (7) Refusal to admit applicants on account of race, | 21 | | color, creed, sex,
physical or mental handicap unrelated to | 22 | | ability, religion, or national
origin.
| 23 | | (8) Paying a commission or valuable consideration to | 24 | | any person for acts or
services performed in violation of | 25 | | this Act.
| 26 | | (9) Attempting to confer a fraudulent degree, diploma, |
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| 1 | | or certificate upon a
student.
| 2 | | (10) Failure to correct any deficiency or act of | 3 | | noncompliance under this
Act or the standards and rules | 4 | | established under this Act within reasonable
time limits | 5 | | set by the Department.
| 6 | | (11)
Conduct of business or instructional services | 7 | | other than at locations
approved by the Department.
| 8 | | (12) Failure to make all of the disclosures or making | 9 | | inaccurate disclosures
to the Department or in the | 10 | | enrollment agreement as required under this Act.
| 11 | | (13) Failure to make appropriate refunds as required by | 12 | | this Act.
| 13 | | (14) Denial, loss, or withdrawal of accreditation by | 14 | | any
accrediting agency.
| 15 | | (15) During any
calendar year, having a failure rate of | 16 | | 25% or greater for
those of its students who for the first | 17 | | time take the
examination authorized by
the Department to | 18 | | determine fitness to receive a license as a barber, barber | 19 | | teacher, cosmetologist,
cosmetology teacher, esthetician, | 20 | | esthetician
teacher, eyelash extension application | 21 | | technician, eyelash extension application teacher, hair | 22 | | braider, hair braiding teacher, nail technician, or nail
| 23 | | technology teacher, provided that a
student who transfers | 24 | | into the school having completed 50% or more of the | 25 | | required program and who
takes the examination during that | 26 | | calendar year shall not be counted for
purposes of |
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| 1 | | determining the school's failure rate on an
examination, | 2 | | without
regard to whether that transfer student passes or | 3 | | fails the examination.
| 4 | | (16) Failure to maintain a written record indicating | 5 | | the funds
received per student and funds paid out per | 6 | | student. Such records shall be
maintained for a minimum of | 7 | | 7 years and shall be made available to the
Department upon | 8 | | request. Such records shall identify the funding source and
| 9 | | amount for any student who has enrolled as well as any | 10 | | other item set forth by
rule.
| 11 | | (17) Failure to maintain a copy of the student record | 12 | | as defined by rule.
| 13 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 14 | | (225 ILCS 410/3B-16) | 15 | | (Section scheduled to be repealed on January 1, 2016) | 16 | | Sec. 3B-16. Department of Corrections.
The Secretary may | 17 | | waive any requirement of this Act or of the rules enacted by | 18 | | the Department pursuant to this Act pertaining to the operation | 19 | | of a barber, cosmetology, esthetics, hair braiding, eyelash | 20 | | extension application, or nail technology school owned or | 21 | | operated by the Department of Corrections and located in a | 22 | | correctional facility to educate inmates that is inconsistent | 23 | | with the mission or operations of the Department of Corrections | 24 | | or is detrimental to the safety and security of any | 25 | | correctional facility. Nothing in this Section 3B-16 exempts |
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| 1 | | the Department of Corrections from the necessity of licensure.
| 2 | | (Source: P.A. 98-911, eff. 1-1-15 .) | 3 | | (225 ILCS 410/Art. IIID heading) | 4 | | ARTICLE IIID. COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
| 5 | | EYELASH EXTENSION APPLICATION, AND NAIL TECHNOLOGY SALONS AND | 6 | | BARBER SHOPS
| 7 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 8 | | (225 ILCS 410/3D-5)
| 9 | | (Section scheduled to be repealed on January 1, 2016)
| 10 | | Sec. 3D-5. Requisites for ownership or operation of | 11 | | cosmetology,
esthetics, hair braiding, and nail technology | 12 | | salons and barber shops. | 13 | | (a) No person, firm, partnership, limited liability | 14 | | company, or corporation
shall own or operate a cosmetology, | 15 | | esthetics, hair braiding, eyelash extension application, or | 16 | | nail technology salon or
barber shop or employ, rent space to, | 17 | | or independently contract with any licensee under this Act | 18 | | without applying on forms provided by the Department for a
| 19 | | certificate of registration.
| 20 | | (b) The application for a certificate of registration under | 21 | | this Section
shall
set forth the name, address, and telephone | 22 | | number of the proposed cosmetology,
esthetics, hair braiding, | 23 | | eyelash extension application, or nail technology salon or | 24 | | barber shop; the name, address, and
telephone number of the |
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| 1 | | person, firm, partnership, or corporation that is to
own or | 2 | | operate the salon or shop; and, if the salon or shop is to be | 3 | | owned or
operated by an entity other than an individual, the | 4 | | name, address, and
telephone number of the managing partner or | 5 | | the chief executive officer of the
corporation or other entity | 6 | | that owns or operates the salon or shop.
| 7 | | (c) The Department shall be notified by the owner or | 8 | | operator of a salon or
shop that is moved to a new location. If | 9 | | there is a change in the ownership or
operation of a salon or | 10 | | shop, the new owner or operator shall report that
change to the | 11 | | Department along with completion of any additional | 12 | | requirements
set forth by rule.
| 13 | | (d) If a person, firm, partnership, limited liability | 14 | | company, or
corporation owns or operates more than one shop or | 15 | | salon, a separate
certificate of registration must be obtained | 16 | | for each salon or shop.
| 17 | | (e) A certificate of registration granted under this | 18 | | Section may be revoked
in accordance with the provisions of | 19 | | Article IV and the holder of the
certificate may be otherwise | 20 | | disciplined by the Department in accordance with
rules adopted | 21 | | under this Act.
| 22 | | (f) The Department may promulgate rules to establish | 23 | | additional
requirements for owning or operating a salon or | 24 | | shop.
| 25 | | (Source: P.A. 96-1246, eff. 1-1-11.)
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| 1 | | (225 ILCS 410/3E-2) | 2 | | (Section scheduled to be repealed on January 1, 2016) | 3 | | Sec. 3E-2. Hair braider licensure; qualifications. | 4 | | (a) A person is qualified to receive a license as a hair | 5 | | braider if he or she has filed an application on forms provided | 6 | | by the Department, paid the required fees, and meets the | 7 | | following qualifications: | 8 | | (1) Is at least 16 years of age; | 9 | | (2) Is beyond the age of compulsory school attendance | 10 | | or has received a certificate of graduation from a school | 11 | | providing secondary education, or the recognized | 12 | | equivalent of that certificate; and | 13 | | (3) Has completed a program consisting of a minimum of | 14 | | 300 clock hours or a 10 credit hour equivalency of | 15 | | instruction, as defined by rule, in a licensed cosmetology | 16 | | school teaching a hair braiding curriculum or in a licensed | 17 | | hair braiding school as follows: | 18 | | (A) Basic training consisting of 35 hours of | 19 | | classroom instruction in general theory, practical | 20 | | application, and technical application in the | 21 | | following subject areas: history of hair braiding, | 22 | | personal hygiene and public health, professional | 23 | | ethics, disinfection and sanitation, bacteriology, | 24 | | disorders and diseases of the hair and scalp, OSHA | 25 | | standards relating to material safety data sheets | 26 | | (MSDS) on chemicals, hair analysis and scalp care, and |
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| 1 | | technical procedures; | 2 | | (B) Related concepts consisting of 35 hours of | 3 | | classroom instruction in the following subject areas: | 4 | | Braid removal and scalp care; basic styling knowledge; | 5 | | tools and equipment; growth patterns, styles and | 6 | | sectioning; client consultation and face shapes; and | 7 | | client education, pre-care, post-care, home care and | 8 | | follow-up services; | 9 | | (C) Practices and procedures consisting of 200 | 10 | | hours of instruction, which shall be a combination of | 11 | | classroom instruction and clinical practical | 12 | | application, in the following subject areas: single | 13 | | braids with and without extensions; cornrows with and | 14 | | without extensions; twists and knots; multiple | 15 | | strands; hair locking; weaving/sewn-in; other | 16 | | procedures as they relate to hair-braiding; and | 17 | | product knowledge as it relates to hair braiding; and | 18 | | (D) Business practices consisting of 30 hours of | 19 | | classroom instruction in the following subject areas: | 20 | | Illinois Barber, Cosmetology, Esthetics, Hair | 21 | | Braiding, and Nail Technology , and Eyelash Extension | 22 | | Application Act of 1985 and Rules; salon management; | 23 | | human relations and salesmanship; and Workers' | 24 | | Compensation Act. | 25 | | (b) The expiration date and renewal period for each license | 26 | | issued under this Act shall be set by rule. |
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| 1 | | (c) Within 2 years after the effective date of this | 2 | | amendatory Act of the 96th General Assembly, the Department may | 3 | | issue a hair braider license to any applicant who does not meet | 4 | | the requirements of items (2) and (3) of subsection (a) of this | 5 | | Section if the applicant: (1) files an application in | 6 | | accordance with subsection (a), (2) pays the required fee, (3) | 7 | | has not committed an offense that would be grounds for | 8 | | discipline under this Act, and (4) is able to demonstrate to | 9 | | the Department through tax records or affidavits that he or she | 10 | | has practiced hair braiding for at least 2 consecutive years | 11 | | immediately prior to the date of his or her application. | 12 | | A hair braider who obtains his or her license under this | 13 | | subsection (c) may renew his or her license if he or she | 14 | | applies to the Department for renewal and has completed at | 15 | | least 65 hours of relevant training in health, safety, hygiene, | 16 | | and business management in accordance with the requirements of | 17 | | this Section or any rule adopted pursuant to this Section. A | 18 | | hair braider who renews his or her license under this | 19 | | subsection (c) may thereafter only renew his or her license if | 20 | | he or she meets the requirements of Section 3E-5 of this Act.
| 21 | | (Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11.) | 22 | | (225 ILCS 410/Art. IIIF heading new) | 23 | | ARTICLE IIIF. EYELASH EXTENSION APPLICATION TECHNICIANS | 24 | | (225 ILCS 410/3F-1 new) |
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| 1 | | Sec. 3F-1. Definitions. As used in this Article: | 2 | | "Eyelash extension application" means applying | 3 | | semi-permanent, thread-like extensions composed of single | 4 | | fibers to a person's eyelashes. | 5 | | "Eyelash extension application teacher" means an | 6 | | individual licensed by the Department to practice eyelash | 7 | | extension application as defined in this Act and to provide | 8 | | instruction in the theory and practice of eyelash extension | 9 | | application to students in an approved eyelash extension | 10 | | application school. | 11 | | "Eyelash extension application technician" means an | 12 | | individual licensed by the Department to practice eyelash | 13 | | extension application as defined in this Act and whose license | 14 | | is in good standing. "Eyelash extension application | 15 | | technician" includes individuals rendering advice on what is | 16 | | cosmetically appealing, but no person licensed under this Act | 17 | | shall render advice on what is appropriate medical treatment | 18 | | for diseases of the eyes or eyelashes. | 19 | | (225 ILCS 410/3F-2 new) | 20 | | Sec. 3F-2. Licensure as an eyelash extension application | 21 | | technician; qualifications. A person is qualified to receive a | 22 | | license as an eyelash extension application technician if that | 23 | | person has applied in writing on forms provided by the | 24 | | Department, paid any required fees, and: | 25 | | (1) is at least 17 years of age; |
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| 1 | | (2) has obtained a high school diploma or the equivalent of | 2 | | a high school diploma or has passed a valid examination | 3 | | administered by a certified testing agency that measures the | 4 | | person's ability to benefit from training; | 5 | | (3) has completed an eyelash extension application | 6 | | training program which includes at least 320 hours of classroom | 7 | | instruction and practical experience, including at least 8 | 8 | | hours of theoretical instruction in the following areas: | 9 | | (A) recognizing infectious or contagious diseases of | 10 | | the eye and allergic reactions to materials; | 11 | | (B) proper sanitation practices; | 12 | | (C) occupational health and safety practices; | 13 | | (D) eyelash extension application procedures; and | 14 | | (E) eyelash extension isolation and separation | 15 | | procedures; | 16 | | (4) has passed an examination authorized by the Department | 17 | | to determine fitness to receive a license as an eyelash | 18 | | extension application technician; | 19 | | (5) has met any other requirements of this Act and its | 20 | | rules; and | 21 | | (6) has the opportunity to get a specialty designation. | 22 | | (225 ILCS 410/3F-3 new) | 23 | | Sec. 3F-3. Licensure as an eyelash extension application | 24 | | teacher; qualifications. A person is qualified to receive a | 25 | | license as an eyelash extension application teacher if that |
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| 1 | | person has applied in writing on forms supplied by the | 2 | | Department, paid the required fees, and: | 3 | | (1) is at least 18 years of age; | 4 | | (2) has graduated from high school or its equivalent; | 5 | | (3) has a current license as an eyelash extension | 6 | | application technician; | 7 | | (4) has either: (i) completed a program of 500 hours of | 8 | | teacher training in a licensed school of cosmetology or a | 9 | | licensed esthetics school or an approved eyelash extension | 10 | | program and had 2 years of practical experience applying | 11 | | eyelashes in the 2 years preceding the examination; or (ii) | 12 | | completed a program of 750 hours of teacher training in a | 13 | | licensed school of cosmetology approved by the Department | 14 | | to teach eyelash extension application or a licensed | 15 | | esthetics school; | 16 | | (5) has passed an examination authorized by the | 17 | | Department to determine eligibility to receive a license as | 18 | | a licensed eyelash extension application teacher; and | 19 | | (6) has met any other requirements as required by this | 20 | | Act. | 21 | | (225 ILCS 410/3F-4 new) | 22 | | Sec. 3F-4. Licensure; renewal; continuing education; | 23 | | examination; military service. The holder of a license issued | 24 | | under this Article may renew such license during the month | 25 | | preceding the license's expiration date by paying the required |
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| 1 | | fee and giving evidence, as the Department may prescribe, of | 2 | | completing not less than 10 hours of continuing education for | 3 | | eyelash extension application technicians, and not less than 20 | 4 | | hours of continuing education for eyelash extension | 5 | | application teachers, within the 2 years prior to renewal. The | 6 | | training shall be in subjects approved by the Department, as | 7 | | prescribed by rule, upon recommendation of the Board. | 8 | | A license that has expired or been placed on inactive | 9 | | status may be restored only by payment of the restoration fee | 10 | | and submitting evidence satisfactory to the Department of the | 11 | | current qualifications and fitness of the licensee, including | 12 | | the completion of continuing education hours for the period | 13 | | following expiration. | 14 | | A license issued under the provisions of this Act that has | 15 | | expired while the holder of the license was engaged (1) in | 16 | | federal service on active duty with the Army of the United | 17 | | States, the United States Navy, the Marine Corps, the Air | 18 | | Force, the Coast Guard, or any Women's Auxiliary thereof, or | 19 | | the State Militia called into the service or training of the | 20 | | United States of America, or (2) in training or education under | 21 | | the supervision of the United States preliminary to induction | 22 | | into the military service, may be reinstated or restored | 23 | | without the payment of any lapsed renewal fees, reinstatement | 24 | | fee, or restoration fee if within 2 years after the termination | 25 | | of such service, training, or education other than by | 26 | | dishonorable discharge, the holder furnishes the Department |
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| 1 | | with an affidavit to the effect that he or she has been so | 2 | | engaged and that his or her service, training, or education has | 3 | | been so terminated. | 4 | | The Department, in its discretion, may waive enforcement of | 5 | | the continuing education requirement in this Section, and shall | 6 | | adopt rules defining the standards and criteria for such | 7 | | waiver, under the following circumstances: | 8 | | (1) the licensee resides in a locality where it is | 9 | | demonstrated that the absence of opportunities for such | 10 | | education would interfere with the ability of the licensee | 11 | | to provide service to the public; | 12 | | (2) the licensee's compliance with the continuing | 13 | | education requirements would cause a substantial financial | 14 | | hardship on the licensee; | 15 | | (3) the licensee is serving in the United States Armed | 16 | | Forces; or | 17 | | (4) the licensee is incapacitated due to illness. | 18 | | (225 ILCS 410/3F-5 new) | 19 | | Sec. 3F-5. Eyelash extension application technician | 20 | | licensed elsewhere. Upon payment of the required fee, an | 21 | | applicant who is an eyelash extension application technician | 22 | | registered or licensed under the laws of another state or | 23 | | territory of the United States or of a foreign country or | 24 | | province may, without examination, be granted a license as a | 25 | | licensed eyelash extension application technician by the |
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| 1 | | Department in its discretion upon the following conditions: | 2 | | (a) In the case of an eyelash extension application | 3 | | technician registered or licensed elsewhere: | 4 | | (1) the applicant is at least 17 years of age; and | 5 | | (2) the requirements for the registration or licensing | 6 | | of eyelash extension application technician in the | 7 | | particular state, territory, country, or province were at | 8 | | the date of the license substantially equivalent to the | 9 | | requirements then in force in this State. | 10 | | (b) In the case of an eyelash extension application teacher | 11 | | registered or licensed elsewhere: | 12 | | (1) the applicant is at least 18 years of age; and
| 13 | | (2) the requirements for the registration or licensing | 14 | | of esthetics teachers in the particular state, territory, | 15 | | country, or province were at the date of the license | 16 | | substantially equivalent to the requirements then in force | 17 | | in this State or the applicant has established proof of | 18 | | legal practice as an eyelash extension application teacher | 19 | | in another jurisdiction for at least 3 years. | 20 | | If the Department, in its discretion and in accordance with | 21 | | rules, deems it necessary, an applicant registered or licensed | 22 | | under the laws of a foreign country or province may be required | 23 | | to pass an examination as required by this Act. | 24 | | An applicant who has been licensed to practice eyelash | 25 | | extension application in another state may receive credit of at | 26 | | least 300 hours for each year of experience toward the |
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| 1 | | education required under this Act. | 2 | | (225 ILCS 410/3F-6 new) | 3 | | Sec. 3F-6. Grandfather provision. For a period of 12 months | 4 | | after the filing of the original administrative rules adopted | 5 | | under this Act, the Department may issue a license to any | 6 | | individual who, in addition to meeting the requirements set | 7 | | forth in items (1) and (2) of Section 3F-2, can provide | 8 | | documentation of employment as an eyelash extension | 9 | | application technician and has received remuneration for | 10 | | practicing eyelash extension application for a period of 3 | 11 | | years.
| 12 | | (225 ILCS 410/4-1)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 4-1. Powers and duties of Department. The Department | 15 | | shall
exercise, subject to the provisions of this Act, the | 16 | | following functions,
powers and duties:
| 17 | | (1) To cause to be conducted examinations to ascertain | 18 | | the
qualifications and fitness of applicants for licensure | 19 | | as
cosmetologists, estheticians, nail technicians, hair | 20 | | braiders, eyelash extension application technicians, or | 21 | | barbers and as
cosmetology, esthetics, nail technology, | 22 | | hair braiding, eyelash extension application or barber | 23 | | teachers.
| 24 | | (2) To determine the qualifications for licensure as |
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| 1 | | (i) a
cosmetologist,
esthetician, nail technician, hair | 2 | | braider, eyelash extension application technician, or | 3 | | barber, or (ii) a cosmetology, esthetics, nail
technology, | 4 | | hair braiding, eyelash extension application, or barber | 5 | | teacher, or (iii) a cosmetology
clinic teacher for persons | 6 | | currently holding similar licenses
outside the State of
| 7 | | Illinois or the continental U.S.
| 8 | | (3) To prescribe rules for:
| 9 | | (i) The method of examination of candidates for | 10 | | licensure as a
cosmetologist, esthetician, nail | 11 | | technician, hair braider, eyelash extension | 12 | | application technician, or barber or cosmetology,
| 13 | | esthetics, nail technology, hair braiding, eyelash | 14 | | extension application, or barber teacher.
| 15 | | (ii) Minimum standards as to what constitutes an | 16 | | approved
cosmetology, esthetics, nail technology, hair | 17 | | braiding, eyelash extension application, or barber | 18 | | school.
| 19 | | (4) To conduct investigations or hearings on | 20 | | proceedings to
determine
disciplinary action.
| 21 | | (5) To prescribe reasonable rules governing the | 22 | | sanitary
regulation
and inspection of cosmetology, | 23 | | esthetics, nail technology, hair braiding, eyelash | 24 | | extension application, or barber
schools, salons, or | 25 | | shops.
| 26 | | (6) To prescribe reasonable rules for the method of |
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| 1 | | renewal for each license
as a cosmetologist, esthetician, | 2 | | nail technician, hair braider, eyelash extension | 3 | | application technician,
or barber or cosmetology, | 4 | | esthetics, nail technology, hair braiding, or
barber | 5 | | teacher , eyelash extension application, or cosmetology | 6 | | clinic
teacher.
| 7 | | (7) To prescribe reasonable rules for the method of
| 8 | | registration, the
issuance, fees, renewal and discipline | 9 | | of a certificate of registration for the
ownership or | 10 | | operation of cosmetology, esthetics, hair braiding, | 11 | | eyelash extension application, and nail technology salons
| 12 | | and barber shops.
| 13 | | (8) To adopt rules concerning sanitation requirements, | 14 | | requirements for education on sanitation, and any other | 15 | | health concerns associated with threading. | 16 | | (Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15 .)
| 17 | | (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
| 18 | | (Section scheduled to be repealed on January 1, 2016)
| 19 | | Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair | 20 | | Braiding, and Nail Technology , and Eyelash Extension | 21 | | Application Board. There is established within the Department | 22 | | the Barber,
Cosmetology, Esthetics, Hair Braiding, and Nail | 23 | | Technology , and Eyelash Extension Application Board, composed | 24 | | of 12 11
persons, which shall serve in an advisory capacity to | 25 | | the Secretary
in all matters related to the practice of |
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| 1 | | barbering, cosmetology,
esthetics, hair braiding, eyelash | 2 | | extension application, and nail technology.
| 3 | | The 12 11 members of the Board shall be appointed as | 4 | | follows: 6 licensed
cosmetologists, all of whom hold a
current | 5 | | license as a cosmetologist or cosmetology teacher and, for | 6 | | appointments
made
after the effective date of this amendatory | 7 | | Act of 1996, at least
2 of whom shall be an owner of or a major | 8 | | stockholder in a school
of cosmetology,
2 of whom shall be | 9 | | representatives of either a franchiser or an owner operating | 10 | | salons in 2 or more locations within the State, one of whom | 11 | | shall be
an independent salon owner,
and no one of the
| 12 | | cosmetologist members shall be a manufacturer, jobber, or | 13 | | stockholder in a
factory of
cosmetology articles or an | 14 | | immediate family member of any of the above; one of
whom shall | 15 | | be a barber holding a current license; one member who shall be | 16 | | a
licensed esthetician or esthetics teacher; one member who | 17 | | shall be a licensed
nail technician or nail technology teacher; | 18 | | one member who shall be a licensed hair braider or hair | 19 | | braiding teacher; one member who shall be an eyelash extension | 20 | | application technician or eyelash extension application | 21 | | teacher; and one public member who holds no
licenses issued by | 22 | | the Department. The Secretary shall give due consideration for | 23 | | membership to
recommendations by members of the professions and | 24 | | by their professional
organizations. Members shall serve 4 year | 25 | | terms and until their successors
are appointed and qualified. | 26 | | No member shall be reappointed to the Board for more than 2
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| 1 | | terms. Appointments to fill vacancies shall be made in the same | 2 | | manner as
original appointments for the unexpired portion of | 3 | | the vacated term. Members
of
the Board in office on the | 4 | | effective date of this amendatory Act of
1996
shall continue to | 5 | | serve for the duration of the terms to which they have been
| 6 | | appointed, but beginning on that effective date all | 7 | | appointments of licensed
cosmetologists and barbers to serve as | 8 | | members of the Board shall be made
in a manner that will effect | 9 | | at the earliest possible date the changes made by
this | 10 | | amendatory Act of 1996 in the representative composition of
the
| 11 | | Board.
| 12 | | For the initial appointment of a member who shall be a hair | 13 | | braider or hair braiding teacher to the Board, such individual | 14 | | shall not be required to possess a license at the time of | 15 | | appointment, but shall have at least 5 years active practice in | 16 | | the field of hair braiding and shall obtain a license as a hair | 17 | | braider or a hair braiding teacher within 18 months after | 18 | | appointment to the Board. | 19 | | For the initial appointment of a member who shall be an | 20 | | eyelash extension application technician or eyelash extension | 21 | | application teacher to the Board, such individual shall not be | 22 | | required to possess a license at the time of appointment, but | 23 | | shall have at least 3 years active practice in the field of | 24 | | eyelash extension application and shall obtain a license as an | 25 | | eyelash extension application technician or an eyelash | 26 | | extension application teacher within 18 months after |
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| 1 | | appointment to the Board. | 2 | | Seven Six members of the Board shall constitute a quorum. A
| 3 | | majority is required for Board decisions.
| 4 | | Whenever the Secretary is satisfied that substantial | 5 | | justice has
not been done in an examination, the Secretary may | 6 | | order a reexamination by the
same or other examiners.
| 7 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 8 | | (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
| 9 | | (Section scheduled to be repealed on January 1, 2016)
| 10 | | Sec. 4-4. Issuance of license. Whenever the provisions
of | 11 | | this Act have been complied with, the Department shall issue a | 12 | | license as a
cosmetologist, esthetician,
nail technician, hair | 13 | | braider, eyelash extension application technician, or barber, | 14 | | a license as
a cosmetology, esthetics, nail technology, hair | 15 | | braiding, eyelash extension application, or barber teacher,
or | 16 | | a license as a cosmetology clinic teacher
as the case may be.
| 17 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 18 | | (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
| 19 | | (Section scheduled to be repealed on January 1, 2016)
| 20 | | Sec. 4-7. Refusal, suspension and revocation of licenses; | 21 | | causes;
disciplinary action. | 22 | | (1) The Department may refuse to issue or renew, and
may | 23 | | suspend, revoke, place on probation, reprimand or take any | 24 | | other
disciplinary or non-disciplinary action as the |
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| 1 | | Department may deem proper, including civil
penalties not to | 2 | | exceed $500 for each violation, with regard to any
license for | 3 | | any one, or any combination, of
the
following causes:
| 4 | | a. Conviction of any crime
under the laws of the United | 5 | | States or any state or territory thereof that
is (i) a | 6 | | felony, (ii) a misdemeanor, an essential element
of which | 7 | | is dishonesty, or (iii) a crime which is related to the | 8 | | practice of
the profession.
| 9 | | b. Conviction of any of the violations listed in
| 10 | | Section 4-20.
| 11 | | c. Material misstatement in furnishing information to | 12 | | the Department.
| 13 | | d. Making any misrepresentation for the purpose of | 14 | | obtaining
a license or violating any provision of this Act | 15 | | or its rules.
| 16 | | e. Aiding or assisting another person in violating any | 17 | | provision of this
Act or its rules.
| 18 | | f. Failing, within 60 days, to provide information in | 19 | | response to a
written request made by the Department.
| 20 | | g. Discipline by another state, territory, or country | 21 | | if at least one of
the grounds for the discipline is the | 22 | | same as or substantially equivalent to
those set forth in | 23 | | this Act.
| 24 | | h. Practice in the barber, nail technology, esthetics, | 25 | | hair braiding, eyelash extension application, or
| 26 | | cosmetology profession, or an attempt to practice in those |
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| 1 | | professions, by
fraudulent misrepresentation.
| 2 | | i. Gross malpractice or gross incompetency.
| 3 | | j. Continued practice by a person knowingly having an
| 4 | | infectious
or contagious disease.
| 5 | | k. Solicitation of professional services by using | 6 | | false or
misleading advertising.
| 7 | | l. A finding by the Department that the licensee, after | 8 | | having his or
her license placed on probationary status, | 9 | | has violated the terms of
probation.
| 10 | | m. Directly or indirectly giving to or receiving from | 11 | | any person, firm,
corporation, partnership or association | 12 | | any fee, commission, rebate, or other
form of compensation | 13 | | for any professional services not actually or personally
| 14 | | rendered.
| 15 | | n. Violating any of the provisions of this Act or rules | 16 | | adopted
pursuant to this Act.
| 17 | | o. Willfully making or filing false records or reports | 18 | | relating to a
licensee's practice, including but not | 19 | | limited to, false records filed with
State agencies or | 20 | | departments.
| 21 | | p. Habitual or excessive use
addiction to alcohol, | 22 | | narcotics, stimulants, or any other chemical agent or
drug | 23 | | that results in the inability to practice with reasonable | 24 | | judgment, skill
or safety.
| 25 | | q. Engaging in dishonorable, unethical or | 26 | | unprofessional conduct of a character likely to deceive,
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| 1 | | defraud, or harm the public as may be defined by rules of | 2 | | the Department, or
violating
the rules of professional | 3 | | conduct which may be adopted by the Department.
| 4 | | r. Permitting any person to use for any unlawful or | 5 | | fraudulent
purpose one's diploma or license or certificate | 6 | | of registration as a
cosmetologist, nail technician, | 7 | | esthetician, hair braider, eyelash extension application | 8 | | technician, or barber or cosmetology,
nail technology, | 9 | | esthetics, hair braiding, eyelash extension application, | 10 | | or barber teacher or salon or shop or
cosmetology clinic | 11 | | teacher.
| 12 | | s. Being named as a perpetrator in an indicated report | 13 | | by the Department
of Children and Family Services under the | 14 | | Abused and Neglected Child Reporting
Act and upon proof by | 15 | | clear and convincing evidence that the licensee has
caused | 16 | | a child to be an abused child or neglected child as defined | 17 | | in the
Abused and Neglected Child Reporting Act.
| 18 | | (2) In rendering an order, the Secretary shall take into
| 19 | | consideration the facts and circumstances involving the type of | 20 | | acts
or omissions in paragraph (1) of this Section including, | 21 | | but not limited to:
| 22 | | (a) the extent to which public confidence in the | 23 | | cosmetology, nail
technology, esthetics, hair braiding, | 24 | | eyelash extension application, or barbering profession | 25 | | was, might have been, or may be,
injured;
| 26 | | (b) the degree of trust and dependence among the |
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| 1 | | involved parties;
| 2 | | (c) the character and degree of harm which did result | 3 | | or might
have resulted;
| 4 | | (d) the intent or mental state of the licensee at the
| 5 | | time of the acts or omissions.
| 6 | | (3) The Department shall reissue the license or | 7 | | registration upon
certification by the Board that the | 8 | | disciplined licensee or registrant
has complied with all of the | 9 | | terms and conditions set forth in the final
order or has been | 10 | | sufficiently rehabilitated to warrant the public trust.
| 11 | | (4) The Department shall refuse to issue or renew or | 12 | | suspend without hearing the license or
certificate of | 13 | | registration
of any person who fails to file a return, or to | 14 | | pay the tax, penalty or
interest shown in a filed return, or to | 15 | | pay any final assessment of tax,
penalty or interest, as | 16 | | required by any tax Act administered by the
Illinois Department | 17 | | of Revenue, until such time as the requirements of any
such tax | 18 | | Act are satisfied as determined by the Department of Revenue.
| 19 | | (5) The Department shall deny without hearing any | 20 | | application for a
license or renewal of a license under this | 21 | | Act by a person who has defaulted on
an educational loan | 22 | | guaranteed by the Illinois Student Assistance Commission;
| 23 | | however, the Department may issue or renew a license if the | 24 | | person in default
has established a satisfactory repayment | 25 | | record as determined by the Illinois
Student Assistance | 26 | | Commission.
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| 1 | | (6) All fines imposed under this Section shall be paid | 2 | | within 60 days after the effective date of the order imposing | 3 | | the fine or in accordance with the terms set forth in the order | 4 | | imposing the fine. | 5 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 6 | | (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 4-9. Practice without a license or after suspension or | 9 | | revocation
thereof. | 10 | | (a) If any person violates the provisions of this Act, the | 11 | | Secretary
may, in the name of the People of the State of | 12 | | Illinois, through the
Attorney General of the State of | 13 | | Illinois, petition, for an order
enjoining such violation or | 14 | | for an order enforcing compliance with
this Act. Upon the | 15 | | filing of a verified petition in such court, the
court may | 16 | | issue a temporary restraining order, without notice or
bond, | 17 | | and may preliminarily and permanently enjoin such violation,
| 18 | | and if it is established that such person has violated or is
| 19 | | violating the injunction, the Court may punish the offender for
| 20 | | contempt of court. Proceedings under this Section shall be in
| 21 | | addition to, and not in lieu of, all other remedies and | 22 | | penalties
provided by this Act.
| 23 | | (b) If any person shall practice as a barber, | 24 | | cosmetologist, nail
technician, hair braider, eyelash | 25 | | extension application technician, or esthetician, or teacher |
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| 1 | | thereof or cosmetology clinic teacher or hold himself or | 2 | | herself out as such
without being licensed under the provisions | 3 | | of this Act, any
licensee, any interested party, or any person | 4 | | injured thereby
may, in addition to the Secretary, petition for | 5 | | relief as provided in subsection
(a) of this Section.
| 6 | | (c) Whenever in the opinion of the Department any person | 7 | | violates
any provision of this Act, the Department may issue a | 8 | | rule to show
cause why an order to cease and desist should not | 9 | | be entered against
him. The rule shall clearly set forth the | 10 | | grounds relied upon by
the Department and shall provide a | 11 | | period of 7 days from the date of
the rule to file an answer to | 12 | | the satisfaction of the Department.
Failure to answer to the | 13 | | satisfaction of the Department shall cause
an order to cease | 14 | | and desist to be issued immediately.
| 15 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 16 | | (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
| 17 | | (Section scheduled to be repealed on January 1, 2016)
| 18 | | Sec. 4-19. Emergency suspension. The Secretary may | 19 | | temporarily suspend
the license of a barber, cosmetologist, | 20 | | nail technician, hair braider, esthetician , eyelash extension | 21 | | application technician, or
teacher thereof or of a cosmetology | 22 | | clinic
teacher without a hearing, simultaneously with the | 23 | | institution of
proceedings for a hearing provided for in | 24 | | Section 4-10 of this Act, if the Secretary
finds that evidence | 25 | | in his possession indicates that the
licensee's continuation in |
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| 1 | | practice would constitute an
imminent danger
to the public. In | 2 | | the event that the Secretary suspends, temporarily, this
| 3 | | license without a hearing, a hearing must be commenced within | 4 | | 30 days after
such suspension has occurred.
| 5 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 6 | | (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 4-20. Violations; penalties. Whoever violates any of | 9 | | the following
shall, for the first offense, be guilty of a | 10 | | Class B misdemeanor; for the
second offense, shall be guilty of | 11 | | a Class A misdemeanor; and for all
subsequent offenses, shall | 12 | | be guilty of a Class 4 felony and be fined not
less than $1,000 | 13 | | or more than $5,000.
| 14 | | (1) The practice of cosmetology, nail technology, | 15 | | esthetics, hair braiding, eyelash extension application, or
| 16 | | barbering
or an attempt to practice cosmetology, nail | 17 | | technology, esthetics, hair braiding, eyelash extension | 18 | | application, or
barbering without a license as a
cosmetologist, | 19 | | nail technician, esthetician, hair braider, eyelash extension | 20 | | application technician, or barber; or the practice or attempt | 21 | | to practice as a
cosmetology, nail technology, esthetics, hair | 22 | | braiding, eyelash extension application, or barber teacher | 23 | | without a
license as a cosmetology, nail technology,
esthetics, | 24 | | hair braiding, eyelash extension application, or barber | 25 | | teacher; or the practice or attempt to practice as a |
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| 1 | | cosmetology clinic teacher without a proper license.
| 2 | | (2) The obtaining of or an attempt to obtain a
license
or | 3 | | money or any other thing of value by fraudulent | 4 | | misrepresentation.
| 5 | | (3) Practice in the barber, nail technology, cosmetology, | 6 | | hair braiding, eyelash extension application, or
esthetic
| 7 | | profession, or an attempt to practice in those professions, by | 8 | | fraudulent
misrepresentation.
| 9 | | (4) Wilfully making any false oath or affirmation whenever | 10 | | an
oath
or affirmation is required by this Act.
| 11 | | (5) The violation of any of the provisions of this Act.
| 12 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 13 | | Section 20. The Unified Code of Corrections is amended by | 14 | | changing Section 5-5-5 as follows:
| 15 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 16 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 17 | | (a) Conviction and disposition shall not entail the loss by | 18 | | the
defendant of any civil rights, except under this Section | 19 | | and Sections 29-6
and 29-10 of The Election Code, as now or | 20 | | hereafter amended.
| 21 | | (b) A person convicted of a felony shall be ineligible to | 22 | | hold an office
created by the Constitution of this State until | 23 | | the completion of his sentence.
| 24 | | (c) A person sentenced to imprisonment shall lose his right |
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| 1 | | to vote
until released from imprisonment.
| 2 | | (d) On completion of sentence of imprisonment or upon | 3 | | discharge from
probation, conditional discharge or periodic | 4 | | imprisonment, or at any time
thereafter, all license rights and | 5 | | privileges
granted under the authority of this State which have | 6 | | been revoked or
suspended because of conviction of an offense | 7 | | shall be restored unless the
authority having jurisdiction of | 8 | | such license rights finds after
investigation and hearing that | 9 | | restoration is not in the public interest.
This paragraph (d) | 10 | | shall not apply to the suspension or revocation of a
license to | 11 | | operate a motor vehicle under the Illinois Vehicle Code.
| 12 | | (e) Upon a person's discharge from incarceration or parole, | 13 | | or upon a
person's discharge from probation or at any time | 14 | | thereafter, the committing
court may enter an order certifying | 15 | | that the sentence has been
satisfactorily completed when the | 16 | | court believes it would assist in the
rehabilitation of the | 17 | | person and be consistent with the public welfare.
Such order | 18 | | may be entered upon the motion of the defendant or the State or
| 19 | | upon the court's own motion.
| 20 | | (f) Upon entry of the order, the court shall issue to the | 21 | | person in
whose favor the order has been entered a certificate | 22 | | stating that his
behavior after conviction has warranted the | 23 | | issuance of the order.
| 24 | | (g) This Section shall not affect the right of a defendant | 25 | | to
collaterally attack his conviction or to rely on it in bar | 26 | | of subsequent
proceedings for the same offense.
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| 1 | | (h) No application for any license specified in subsection | 2 | | (i) of this
Section granted under the
authority of this State | 3 | | shall be denied by reason of an eligible offender who
has | 4 | | obtained a certificate of relief from disabilities, as
defined | 5 | | in Article 5.5 of this Chapter, having been previously | 6 | | convicted of one
or more
criminal offenses, or by reason of a | 7 | | finding of lack of "good moral
character" when the finding is | 8 | | based upon the fact that the applicant has
previously been | 9 | | convicted of one or more criminal offenses, unless:
| 10 | | (1) there is a direct relationship between one or more | 11 | | of the previous
criminal offenses and the specific license | 12 | | sought; or
| 13 | | (2) the issuance of the license would
involve an | 14 | | unreasonable risk to property or to the safety or welfare | 15 | | of
specific individuals or the general public.
| 16 | | In making such a determination, the licensing agency shall | 17 | | consider the
following factors:
| 18 | | (1) the public policy of this State, as expressed in | 19 | | Article 5.5 of this
Chapter, to encourage the licensure and | 20 | | employment of persons previously
convicted of one or more | 21 | | criminal offenses;
| 22 | | (2) the specific duties and responsibilities | 23 | | necessarily related to the
license being sought;
| 24 | | (3) the bearing, if any, the criminal offenses or | 25 | | offenses for which the
person
was previously convicted will | 26 | | have on his or her fitness or ability to perform
one or
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| 1 | | more such duties and responsibilities;
| 2 | | (4) the time which has elapsed since the occurrence of | 3 | | the criminal
offense or offenses;
| 4 | | (5) the age of the person at the time of occurrence of | 5 | | the criminal
offense or offenses;
| 6 | | (6) the seriousness of the offense or offenses;
| 7 | | (7) any information produced by the person or produced | 8 | | on his or her
behalf in
regard to his or her rehabilitation | 9 | | and good conduct, including a certificate
of relief from | 10 | | disabilities issued to the applicant, which certificate | 11 | | shall
create a presumption of rehabilitation in regard to | 12 | | the offense or offenses
specified in the certificate; and
| 13 | | (8) the legitimate interest of the licensing agency in | 14 | | protecting
property, and
the safety and welfare of specific | 15 | | individuals or the general public.
| 16 | | (i) A certificate of relief from disabilities shall be | 17 | | issued only
for a
license or certification issued under the | 18 | | following Acts:
| 19 | | (1) the Animal Welfare Act; except that a certificate | 20 | | of relief from
disabilities may not be granted
to provide | 21 | | for
the
issuance or restoration of a license under the | 22 | | Animal Welfare Act for any
person convicted of violating | 23 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 24 | | Care for Animals Act or Section 26-5 or 48-1 of the | 25 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 26 | | (2) the Illinois Athletic Trainers Practice Act;
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| 1 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 2 | | and Nail Technology , and Eyelash Extension Application Act | 3 | | of 1985;
| 4 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 5 | | Act;
| 6 | | (5) the Boxing and Full-contact Martial Arts Act;
| 7 | | (6) the Illinois Certified Shorthand Reporters Act of | 8 | | 1984;
| 9 | | (7) the Illinois Farm Labor Contractor Certification | 10 | | Act;
| 11 | | (8) the Interior Design Title Act;
| 12 | | (9) the Illinois Professional Land Surveyor Act of | 13 | | 1989;
| 14 | | (10) the Illinois Landscape Architecture Act of 1989;
| 15 | | (11) the Marriage and Family Therapy Licensing Act;
| 16 | | (12) the Private Employment Agency Act;
| 17 | | (13) the Professional Counselor and Clinical | 18 | | Professional Counselor
Licensing and Practice
Act;
| 19 | | (14) the Real Estate License Act of 2000;
| 20 | | (15) the Illinois Roofing Industry Licensing Act; | 21 | | (16) the Professional Engineering Practice Act of | 22 | | 1989; | 23 | | (17) the Water Well and Pump Installation Contractor's | 24 | | License Act; | 25 | | (18) the Electrologist Licensing Act;
| 26 | | (19) the Auction License Act; |
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| 1 | | (20) the Illinois Architecture Practice Act of 1989; | 2 | | (21) the Dietitian Nutritionist Practice Act; | 3 | | (22) the Environmental Health Practitioner Licensing | 4 | | Act; | 5 | | (23) the Funeral Directors and Embalmers Licensing | 6 | | Code; | 7 | | (24) the Land Sales Registration Act of 1999; | 8 | | (25) the Professional Geologist Licensing Act; | 9 | | (26) the Illinois Public Accounting Act; and | 10 | | (27) the Structural Engineering Practice Act of 1989.
| 11 | | (Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; | 12 | | 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. | 13 | | 1-25-13; 98-756, eff. 7-16-14.)".
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