(225 ILCS 412/1)
(Section scheduled to be repealed on January 1, 2029)
Sec. 1.
Short title.
This Act may be cited as the Electrologist Licensing Act.
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/5)
(Section scheduled to be repealed on January 1, 2029)
Sec. 5.
Purposes.
The practice of electrology in
the State of Illinois is
hereby declared to affect the public health, safety, and welfare and to be
subject to regulation and control in the public interest.
It is declared to be a matter of public health and concern that the
practice of electrology, as defined in this Act, merit and receive the
confidence of the public and that only qualified persons be authorized to
practice as electrologists in the State of Illinois. This Act shall be
liberally construed to best carry out these subjects and purposes.
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/10)
(Section scheduled to be repealed on January 1, 2029)
Sec. 10. Definitions. In this Act:
"Address of Record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. "Department" means the Department of Financial and Professional Regulation.
"Electrologist" means an individual licensed to practice electrology pursuant
to the provisions of this Act.
"Electrology" means the practice or teaching of services for
permanent hair removal
utilizing only solid probe electrode type epilation, which may include
thermolysis (shortwave, high frequency), electrolysis (galvanic), or a
combination of both (superimposed or sequential blend). "Email address of record" means the designated email address recorded by the Department in the applicant's application file or in a licensee's license file, as maintained by the Department's licensure maintenance unit.
"Secretary" means the Secretary of Financial and Professional Regulation. (Source: P.A. 103-309, eff. 1-1-24.)
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(225 ILCS 412/12) (Section scheduled to be repealed on January 1, 2029) Sec. 12. Address of record and email address of record. All applicants and licensees shall: (1) provide a valid physical address and email | ||
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(2) inform the Department of any change of address of | ||
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(Source: P.A. 103-309, eff. 1-1-24.) |
(225 ILCS 412/15)
(Section scheduled to be repealed on January 1, 2029)
Sec. 15.
License required.
Beginning January 1, 2004, no person shall
engage
in the practice of electrology or hold himself or herself out as an
electrologist in this State
without a license issued by the Department under this Act.
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/20)
(Section scheduled to be repealed on January 1, 2029)
Sec. 20. Exemptions. This Act does not prohibit:
(1) A person licensed in this State under any other | ||
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(2) The practice of electrology by a person who is | ||
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(3) The practice of electrology included in a program | ||
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Nothing in this Act shall be construed to prevent a person who is licensed under this Act and functioning as an
assistant to a person who is licensed to practice medicine in all of its branches from
providing delegated services. Such delegated services may not be performed by a person while holding himself or herself out as an electrologist or in any manner that indicates that the services are part of the practice of electrology.
(Source: P.A. 96-569, eff. 8-18-09.)
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(225 ILCS 412/23)
(Section scheduled to be repealed on January 1, 2029)
Sec. 23. Scope of practice.
(a) The scope of practice of an electrologist is limited to the following:
(1) The application of an antiseptic on the area of | ||
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(2) The use of a sterile needle/probe electrode type | ||
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(b) Nothing in this Act shall be construed to authorize an electrologist to
perform surgery. Services involving laser technology may only be performed if they are delegated by a physician licensed to practice medicine in all its branches consistent with Section 20 of this Act and the Medical Practice Act of 1987 and any rules promulgated thereto. An
electrologist shall refer to a licensed physician any individual
whose
condition, at the time of evaluation or service, is determined to be
beyond the
scope of practice of the electrologist, such as an individual with signs of
infection or bleeding.
(Source: P.A. 96-569, eff. 8-18-09.)
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(225 ILCS 412/25)
(Section scheduled to be repealed on January 1, 2029)
Sec. 25. Application. Applications for original licenses shall be made
to the
Department in writing on forms prescribed by the Department and shall be
accompanied by the required fee, which is not refundable. The
application shall require any information as, in the judgment of the
Department, will enable the Department to pass on the qualifications of the
applicant for a license. The application shall include evidence of
passage of an examination recognized by the Department.
Applicants have 3 years after the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication. (Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/30)
(Section scheduled to be repealed on January 1, 2029)
Sec. 30. Qualifications for licensure. A person shall be qualified for
licensure
as an electrologist if that person has met all of the following requirements:
(1) Has applied in writing on the prescribed forms | ||
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(2) Has not violated any of the provisions of Section | ||
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(3) Is at least 18 years of age.
(4) Has received his or her high school diploma or | ||
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(5) Has completed a total of 600 hours in the study | ||
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(6) Has successfully completed an examination | ||
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(Source: P.A. 99-632, eff. 1-1-17.)
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(225 ILCS 412/32)
(Section scheduled to be repealed on January 1, 2029)
Sec. 32. Social Security number or individual taxpayer identification number on license application. In addition to any
other information required to be contained in the application, every
application for an
original license under this Act shall include the
applicant's social
security number or individual taxpayer identification number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewed, reinstated, or restored license shall require the applicant's customer identification number.
(Source: P.A. 103-309, eff. 1-1-24.)
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(225 ILCS 412/33)
Sec. 33. (Repealed).
(Source: P.A. 97-724, eff. 6-29-12. Repealed by P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/34) (Section scheduled to be repealed on January 1, 2029) Sec. 34. Abnormal skin growth education. (a) In addition to any other requirements under this Act, the following applicants must provide proof of completion of a course approved by the Department in abnormal skin growth education, including training on identifying melanoma: (1) An applicant who submits an application for | ||
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(2) An applicant who was licensed before January 1, | ||
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(b) Nothing in this Section shall be construed to create a cause of action or any civil liabilities or to require or permit a licensee or applicant under this Act to practice medicine or otherwise practice outside of the scope of practice of a licensed electrologist. (c) A person licensed under this Act may refer an individual to seek care from a medical professional regarding an abnormal skin growth. Neither a person licensed under this Act who completes abnormal skin growth education as a part of the person's continuing education, nor the person's employer, shall be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of practicing in the person's profession or employment concerning potential abnormal skin growths. (Source: P.A. 103-851, eff. 8-9-24.) |
(225 ILCS 412/35)
(Section scheduled to be repealed on January 1, 2029)
Sec. 35.
Powers and duties of the Department.
(a) The Department shall exercise the powers and duties prescribed by the
Civil
Administrative Code of Illinois for the administration of licensing Acts and
shall exercise
any other powers and duties necessary for effectuating the purposes of this
Act.
(b) The Department may adopt rules consistent with the
provisions of this Act
for
its administration and enforcement and may prescribe forms that shall be issued
in
connection with this Act. The rules may include but are not limited to
standards and
criteria for licensure, professional conduct, and discipline.
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/40) (Section scheduled to be repealed on January 1, 2029) Sec. 40. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated in this Act as if all of the provisions of the Illinois Administrative Procedure Act where included in this Act, except that the provision of paragraph (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license, is specifically excluded. For the purposes of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is considered to be sufficient when mailed to the licensee's address of record or email address of record.(Source: P.A. 103-309, eff. 1-1-24.) |
(225 ILCS 412/50)
(Section scheduled to be repealed on January 1, 2029)
Sec. 50.
Issuance of license.
Upon the satisfactory completion of
the application and
examination procedures, and compliance with the applicable rules of the
Department, the
Department shall issue an electrologist license to the qualifying applicant.
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/55)
(Section scheduled to be repealed on January 1, 2029)
Sec. 55. Endorsement. Pursuant to the rules of the Department, upon
payment of the required fee, an applicant who has been licensed in another
state that has substantially the same requirements as those required for
licensure under the provisions of this Act may be granted a license as an
electrologist.
Applicants for licensure by endorsement have 3 years after the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication. (Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/60)
(Section scheduled to be repealed on January 1, 2029)
Sec. 60. Renewal. The expiration date and
renewal period for each license
issued under this Act shall be set by rule. Renewal shall be conditioned
on paying the required fee and meeting other requirements as may be
established by rule.
All renewal applicants shall provide proof of having met the continuing
education
requirements in accordance with rules established by the Department, consisting of the equivalent of 30
hours of continuing education every 24 months. The continuing education
requirement
may be waived in part or in whole for such good cause, including but not
limited to illness or hardship, as may be determined by
rule.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/65)
(Section scheduled to be repealed on January 1, 2029)
Sec. 65. Inactive status; restoration. (a) Any electrologist who notifies the
Department in writing on
forms prescribed by the Department may elect to place a license
on inactive status and shall, subject to rules of the Department, be
excused from payment of renewal fees until the Department is notified in
writing of the intention to restore the license.
(b) Any electrologist who has permitted a license to expire or who has a license on inactive status may have the license restored by submitting an application to the Department, filing proof acceptable to the Department of fitness to have the license restored, and paying the required fees. Proof of fitness may include sworn evidence certifying to active lawful practice in another jurisdiction. The Department shall determine, by an evaluation process established by rule, a person's fitness for restoration of a license and shall establish procedures and requirements for restoration. (c) Any electrologist whose license expired while (i) on active duty with the Armed Forces of the United States or the State Militia called into service or training, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have the license restored without paying any lapsed renewal fees if, within 2 years after honorable termination of service, training, or education, the licensee furnishes the Department with satisfactory evidence that the licensee has been so engaged and that the service, training, or education has been so terminated. (d) An electrologist requesting restoration from inactive status shall be
required to pay the current renewal fee and shall be required to follow
procedures to restore the license as provided in this Section.
(e) An electrologist whose license is on inactive or non-renewed status shall not
practice in the State of Illinois.
A licensee who engages in practice with an inactive or non-renewed license shall be considered to be practicing without a license,
which shall be grounds for discipline under Section 75 of this Act.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/70)
(Section scheduled to be repealed on January 1, 2029)
Sec. 70. Fees; returned checks.
(a) The Department shall provide by rule for a schedule of fees for the
administration and enforcement of this Act, including but not limited to
original
licensure, renewal, and restoration. The fees shall be nonrefundable.
(b) All fees collected under this Act shall be deposited into the General
Professions Dedicated Fund and shall be appropriated to the Department for the
ordinary
and contingent expenses of the Department in the administration of this Act.
(c) A person who delivers a check or other payment to the Department that is
returned to the Department unpaid by the financial institution upon which it is
drawn shall
pay to the Department, in addition to the amount already owed to the
Department, a fine of
$50. The fines imposed by this Section are in addition to any other discipline
provided
under this Act for unlicensed practice or practice on a nonrenewed license. The
Department
shall notify the person that fees and fines shall be paid to the Department by
certified check
or money order within 30 calendar days of the notification. If, after the
expiration of
30 days from the date of the notification, the person has failed to submit the
necessary
remittance, the Department shall automatically terminate the license or deny
the application
without a hearing. If the person seeks a license after termination or denial,
he or she shall
apply to the Department for restoration or issuance of the license and pay all
fees and fines
due to the Department. The Department may establish a fee for the processing of
an
application for restoration of a license to defray the expenses of processing
the application.
The Secretary may waive the fines due under this Section in individual cases
if
the Secretary
finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/75)
(Section scheduled to be repealed on January 1, 2029)
Sec. 75. Grounds for discipline.
(a) The Department may refuse to issue or renew and may
revoke or suspend a license under this Act, and may place on probation,
reprimand, or take other
disciplinary or non-disciplinary action with regard to any licensee
under this Act, as the
Department may consider appropriate, including imposing fines not to exceed $10,000
for each violation and assess costs as provided for under Section 95 of this Act, for one or any combination of the following causes:
(1) Material misstatement in furnishing information | ||
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(2) Violation of this Act or rules adopted under this | ||
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(3) Conviction by plea of guilty or nolo contendere, | ||
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(4) Fraud or misrepresentation in applying for or | ||
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(5) Aiding or assisting another person in violating | ||
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(6) Failing to provide information within 60 days in | ||
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(7) Engaging in dishonorable, unethical, or | ||
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(8) Habitual or excessive use or abuse of drugs | ||
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(9) Discipline by another governmental agency, unit | ||
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(10) Directly or indirectly giving to or receiving | ||
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(11) A finding by the Department that the licensee, | ||
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(12) Abandonment of a patient.
(13) Willfully making or filing false records or | ||
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(14) Mental or physical illness or disability, | ||
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(15) Negligence in his or her practice under this Act.
(16) Use of fraud, deception, or any unlawful means | ||
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(17) Immoral conduct in the commission of any act, | ||
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(18) Failure to comply with standards of | ||
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(19) Charging for professional services not rendered, | ||
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(20) Allowing one's license under this Act to be used | ||
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(b) The Department may refuse to issue or renew or may suspend without hearing the
license of any person who fails to file a return, to pay the tax, penalty or
interest
shown in a filed return, or to pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the Illinois Department
of Revenue until the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of Illinois.
(c) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code
operates as an automatic suspension. The
suspension will end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission, the issuance of
an
order so finding and discharging the patient, and the filing of a petition for restoration demonstrating fitness to practice.
(d) In enforcing this Section, the Department, upon a showing of a possible
violation, may compel any individual who is licensed to practice under this Act or any individual who has applied for licensure to submit to a mental or physical examination and evaluation, or both, that may include a substance abuse or sexual offender evaluation, at the expense of the Department. The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination and evaluation, or both. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.
The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department may order the examining physician or any member of the multidisciplinary team to present testimony concerning this examination and evaluation of the licensee, permit holder, or applicant, including testimony concerning any supplemental testing or documents relating to the examination and evaluation. No information, report, record, or other documents in any way related to the examination and evaluation shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee or applicant ordered to undergo an evaluation and examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of any individual to submit to mental or physical examination and evaluation, or both, when directed, shall result in an automatic suspension without hearing, until such time as the individual submits to the examination. If the Department finds a licensee unable to practice because of the reasons set forth in this Section, the Department shall require the licensee to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition for continued, reinstated, or renewed licensure to practice. When the Secretary immediately suspends a license under this Section, a hearing upon the person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the licensee's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. Individuals licensed under this Act affected under this Section shall be afforded an opportunity to demonstrate to the Department that they can resume practice in compliance with acceptable and prevailing standards under the provisions of their license. (e) (Blank). (f) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (g) All fines or costs imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or costs or in accordance with the terms set forth in the order imposing the fine.
(Source: P.A. 100-872, eff. 8-14-18.)
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(225 ILCS 412/85)
(Section scheduled to be repealed on January 1, 2029)
Sec. 85. Violations; injunctions.
(a) If any person violates any provision of this Act, the Secretary
may, in the name of the People of the State of Illinois through
the Attorney General of the State of Illinois or the State's Attorney of
any county in which the violation is alleged to have occurred, petition for an order enjoining
the violation or for an order enforcing compliance with this Act. Upon
the filing of a verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently enjoin the violation. If it is established that the
person has violated or is violating the injunction, the Court may punish
the offender for contempt of court. Proceedings under this Section shall
be in addition to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) If a person practices as an electrologist or holds himself or herself
out
as an electrologist without being licensed under the provisions of this
Act, then any licensed electrologist, any interested party, or any person
injured thereby may, in addition to the Secretary, petition for relief as
provided in subsection (a) of this Section.
(c) Whenever, in the opinion of the Department, a person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against that person. The
rule shall clearly set forth the grounds
relied upon by the Department and shall provide a period of 7 days after
the date of the rule to file an answer to the satisfaction of the
Department. Failure to answer to the satisfaction of the Department shall
cause an order to cease and desist to be issued immediately.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/90)
(Section scheduled to be repealed on January 1, 2029)
Sec. 90. Investigations; notice and hearing.
(a) The Department may investigate the actions of an applicant or a person
holding or claiming to hold a license.
(b) Before refusing to issue or renew a license or take any disciplinary or non-disciplinary action against
a licensed electrologist pursuant to Section 75 of this Act,
the Department shall notify in writing the applicant
or the licensee of the nature of the charges and that a hearing will be held on
the
date designated, which shall be at least 30 days
after
the date of the notice.
The Department shall direct the applicant or licensee
to
file a written answer to the Department under oath within 20 days after the
service
of
the notice and inform the applicant or licensee that failure to file
an answer will result
in
default being taken against the applicant or licensee and that the
license may be suspended, revoked, placed on probationary status, or other
disciplinary or non-disciplinary action may be taken, including limiting the scope, nature, or
extent of
business as the Secretary may deem proper. Written notice may be served by
certified or registered mail sent to the licensee's address of record.
The written notice and any notice in the subsequent proceeding may be served electronically to the licensee's email address of record, or, if in the course of the administrative proceeding the party has previously designated a specific email address at which to accept electronic service for that specific proceeding, by sending a copy by email to the email address on record. If the applicant
or licensee fails to file
an
answer after receiving notice, the license may, in the
discretion of
the Department, be suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action considered proper including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing if the act or acts charged
constitute
sufficient grounds
for such action under this Act.
At the time and place fixed in the
notice,
the Department shall proceed to hear the charges, and the parties or their
counsel
shall
be accorded ample opportunity to present any pertinent statements, testimony, evidence,
and argument. The
Department
may continue a hearing from time to time.
(Source: P.A. 103-309, eff. 1-1-24.)
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(225 ILCS 412/95)
(Section scheduled to be repealed on January 1, 2029)
Sec. 95. Record of proceedings. The Department, at its expense,
shall
preserve a
record of all proceedings at the formal hearing of any case.
Any licensee who is found to have violated this Act or who fails to appear for a hearing to refuse to issue, restore, or renew a license or to discipline a licensee may be required by the Department to pay for the costs of the proceeding. These costs are limited to costs for court reporters, transcripts, and witness attendance and mileage fees. All costs imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/100)
(Section scheduled to be repealed on January 1, 2029)
Sec. 100. Required testimony. Upon application
of the Department or
its designee, or of the person against whom proceedings
pursuant to Section 75 of this Act are pending, any circuit court may
order
the attendance and testimony of witnesses and the production of relevant
documents, paper, files, books, and records in connection with any hearing
or investigation. The court may compel obedience to its order by proceedings
for contempt.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/105)
(Section scheduled to be repealed on January 1, 2029)
Sec. 105. Subpoena power; oaths. The Department may
subpoena and bring before
it any person in this State and take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to any investigation or hearing conducted by the Department, with the same fees and mileage and in the same manner
as prescribed by law in judicial proceedings in civil cases in circuit
courts of this State.
The Secretary, the shorthand court reporter, and hearing officers
may administer oaths at any hearing
that the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Act.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/110)
(Section scheduled to be repealed on January 1, 2029)
Sec. 110. Findings and recommendations. At the conclusion of the
hearing,
the hearing officer
shall present to the Secretary a written report of its findings of fact, conclusions of law, and
recommendations. The
report shall contain a finding of whether or not the accused applicant
or licensee violated
this Act or failed to comply with the conditions required in this Act. The
hearing officer shall
specify the nature of the violation or failure to comply, and shall make its
recommendations to the Secretary.
The report of the findings and recommendations of the hearing officer shall
be the
basis
for
the Department's order for refusing to issue, restore, or renew a license, or otherwise disciplining a licensee if
the Secretary
determines that the hearing officer's report is contrary to the manifest
weight of
the evidence,
in which case the Secretary may issue an order in contravention of the hearing
officer's
report. The
finding is not admissible in evidence against the applicant or
licensee in a criminal
prosecution brought
for the violation of this Act, but the hearing and finding are not a bar to a
criminal
prosecution brought for the violation of this Act.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/115)
(Section scheduled to be repealed on January 1, 2029)
Sec. 115. Hearing officer. The Secretary has the authority to appoint an
attorney duly
licensed to practice law in this State to serve as the hearing officer in an
action for refusal
to issue or renew a license or for the discipline of a
licensed electrologist. The
hearing officer
shall have full authority to conduct the hearing. The hearing officer shall
report his or her
findings and recommendations to the Secretary.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/120)
(Section scheduled to be repealed on January 1, 2029)
Sec. 120. Motion for rehearing. In any case involving the refusal to
issue or renew a license,
or the
discipline of a licensee, a copy of the hearing officer's report shall be
served
upon
the respondent by the Secretary, either personally or as provided in this
Act for the service of the notice of hearing. Within 20 days after
service, the respondent may present to the Department a motion in writing
for a rehearing which shall specify the particular grounds
for rehearing. If no motion for rehearing is filed, then upon the expiration
of
the time specified for filing a motion, or if a motion for rehearing
is denied, then upon denial, the Secretary may enter an order in
accordance with the recommendation of the hearing officer.
If the respondent orders from the reporting
service, and pays for a transcript of the record within the time for filing
a motion for rehearing, the 20-day period within which a motion may be
filed shall commence upon the delivery of the transcript to the respondent.
(Source: P.A. 103-309, eff. 1-1-24.)
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(225 ILCS 412/125)
(Section scheduled to be repealed on January 1, 2029)
Sec. 125. Order for rehearing. Whenever the Secretary is not
satisfied that
substantial justice
has been done in the revocation, suspension, or refusal to issue or
renew a license, the Secretary may order a rehearing.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/130)
(Section scheduled to be repealed on January 1, 2029)
Sec. 130. Order or certified copy as prima facie proof. An order or a
certified copy
thereof, over the seal of the
Department and purporting to be signed by the Secretary, shall be prima
facie proof:
(1) that the signature is the genuine signature of | ||
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(2) that the Secretary is duly appointed and | ||
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(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/135)
(Section scheduled to be repealed on January 1, 2029)
Sec. 135. Restoration of license from discipline. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to active status, unless, after an investigation and a hearing, the Secretary determines that restoration is not in the public interest. No person whose license has been revoked as authorized in this Act may apply for restoration of that license until such time as provided for in the Civil Administrative Code of Illinois.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/140)
(Section scheduled to be repealed on January 1, 2029)
Sec. 140.
Surrender of license.
Upon the revocation or suspension of
any license, the
licensee shall immediately surrender the license to the Department, and if the
licensee fails to do so, the Department has the right to seize the license.
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/145)
(Section scheduled to be repealed on January 1, 2029)
Sec. 145. Summary suspension. The Secretary may summarily suspend
the license of an
electrologist without a hearing, simultaneously with the institution of
proceedings for a hearing under Section 90 of this Act, if the Secretary
finds that the evidence indicates that
continuation
in practice would constitute an imminent danger to the public. In the
event that the Secretary summarily suspends a license without a
hearing, a hearing by the Department shall be held within 30 days after the
suspension has occurred and shall be concluded as expeditiously as possible.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/150)
(Section scheduled to be repealed on January 1, 2029)
Sec. 150.
Administrative Review Law.
All final administrative
decisions of the Department are subject to judicial review under the
Administrative Review Law and its rules. The term "administrative
decision" is defined as in Section 3-101 of the Code
of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides. If the
party is not a resident of this State, venue shall be in Sangamon County.
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/155)
(Section scheduled to be repealed on January 1, 2029)
Sec. 155. Certification of record. The Department shall not be
required to certify any record to the court, file any answer in court, or
otherwise appear in any court in a judicial review proceeding unless and until the Department has received from the plaintiff payment of the costs
of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the
plaintiff to file a receipt in court is grounds for dismissal of the action.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/157) (Section scheduled to be repealed on January 1, 2029) Sec. 157. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department shall not disclose the information to anyone other than law enforcement officials, regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee or registrant by the Department or any order issued by the Department against a licensee, registrant, or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 98-363, eff. 8-16-13.) |
(225 ILCS 412/160)
(Section scheduled to be repealed on January 1, 2029)
Sec. 160.
Penalties.
A person who is found to have knowingly violated
any
provision of this Act is guilty of a Class A misdemeanor. On conviction of
a second or subsequent offense the violator is guilty of a Class 4 felony.
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/162)
(Section scheduled to be repealed on January 1, 2029)
Sec. 162. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds
oneself out to practice electrology without being licensed under this Act
shall, in addition
to any other penalty provided by law, pay a civil penalty to the Department in
an amount
not to exceed $10,000 for each offense as determined by the Department. The
civil penalty
shall be assessed by the Department after a hearing is held in accordance with
the
provisions set forth in this Act.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the
order imposing the civil penalty. The order shall constitute a judgment and may
be filed
and execution had thereon in the same manner as any judgment from any court of
record.
(Source: P.A. 98-363, eff. 8-16-13.)
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(225 ILCS 412/165)
(Section scheduled to be repealed on January 1, 2029)
Sec. 165.
Deposit of fees and fines.
All of the fees and fines collected
under this Act shall be deposited into the General Professions Dedicated Fund.
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/170)
(Section scheduled to be repealed on January 1, 2029)
Sec. 170.
Home rule.
The regulation and licensing of electrologists are
exclusive
powers and functions of the State. A home rule unit may not regulate or
license electrologists. This Section is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of Article VII
of the Illinois Constitution.
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/900)
Sec. 900.
(Amendatory provisions; text omitted).
(Source: P.A. 92-750, eff. 1-1-03; text omitted.)
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(225 ILCS 412/905)
Sec. 905.
(Amendatory provisions; text omitted).
(Source: P.A. 92-750, eff. 1-1-03; text omitted.)
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(225 ILCS 412/910)
Sec. 910.
(Amendatory provisions; text omitted).
(Source: P.A. 92-750, eff. 1-1-03; text omitted.)
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(225 ILCS 412/915)
Sec. 915.
(Amendatory provisions; text omitted).
(Source: P.A. 92-750, eff. 1-1-03; text omitted.)
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(225 ILCS 412/920)
Sec. 920.
(Amendatory provisions; text omitted).
(Source: P.A. 92-750, eff. 1-1-03; text omitted.)
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(225 ILCS 412/999)
(Section scheduled to be repealed on January 1, 2029)
Sec. 999.
Effective date.
This Act takes effect on January 1, 2003.
(Source: P.A. 92-750, eff. 1-1-03.)
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