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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_HB2589sam002
LRB9008984NTsbam05
1 AMENDMENT TO HOUSE BILL 2589
2 AMENDMENT NO. . Amend House Bill 2589, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Barber, Cosmetology, Esthetics, and
5 Nail Technology Act of 1985 by changing Sections 3-7 and
6 4-5.1."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Barber, Cosmetology, Esthetics, and Nail
10 Technology Act of 1985 is amended by changing Sections 3-7
11 and 4-5.1 as follows:
12 (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
13 Sec. 3-7. Licensure; renewal; continuing education;
14 military service. The holder of a license issued under this
15 Article III may renew that license during the month preceding
16 the expiration date thereof by paying the required fee,
17 giving such evidence as the Department may prescribe of
18 completing not less than 14 hours of continuing education for
19 a cosmetologist, and 24 hours of continuing education for a
20 cosmetology teacher or cosmetology clinic teacher, within the
21 2 years prior to renewal. The training shall be in subjects
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1 approved by the Department as prescribed by rule upon
2 recommendation of the Committee.
3 A license that has been expired for more than 5 years may
4 be restored by payment of the restoration fee and submitting
5 evidence satisfactory to the Department of the current
6 qualifications and fitness of the licensee, which shall
7 include completion of continuing education hours for the
8 period subsequent to expiration.
9 The Department shall establish by rule a means for the
10 verification of completion of the continuing education
11 required by this Section. This verification may be
12 accomplished through audits of records maintained by
13 registrants, by requiring the filing of continuing education
14 certificates with the Department, or by other means
15 established by the Department. The Department may select a
16 qualified organization that has no direct business
17 relationship with a licensee, licensed entity or a subsidiary
18 of a licensed entity under this Act to maintain and verify
19 records relating to continuing education.
20 A license issued under the provisions of this Act that
21 has expired while the holder of the license was engaged (1)
22 in federal service on active duty with the Army of the United
23 States, the United States Navy, the Marine Corps, the Air
24 Force, the Coast Guard, or any Women's Auxiliary thereof, or
25 the State Militia called into the service or training of the
26 United States of America, or (2) in training or education
27 under the supervision of the United States preliminary to
28 induction into the military service, may be reinstated or
29 restored without the payment of any lapsed renewal fees,
30 reinstatement fee, or restoration fee if within 2 years after
31 the termination of such service, training, or education other
32 than by dishonorable discharge, the holder furnishes the
33 Department with an affidavit to the effect that he or she has
34 been so engaged and that his or her service, training, or
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1 education has been so terminated.
2 The Department, in its discretion, may waive enforcement
3 of the continuing education requirement in this Section and
4 shall adopt rules defining the standards and criteria for
5 that waiver under the following circumstances:
6 (a) the licensee resides in a locality where it is
7 demonstrated that the absence of opportunities for such
8 education would interfere with the ability of the
9 licensee to provide service to the public;
10 (b) that to comply with the continuing education
11 requirements would cause a substantial financial hardship
12 on the licensee;
13 (c) that the licensee is serving in the United
14 States Armed Forces; or
15 (d) that the licensee is incapacitated due to
16 illness.
17 The continuing education requirements of this Section do
18 not apply to a licensee who (i) is at least 62 years of age
19 before January 1, 1999 or (ii) has been licensed as a
20 cosmetologist, cosmetology teacher, or cosmetology clinic
21 teacher for at least 25 30 years and does not regularly work
22 as a cosmetologist, cosmetology teacher, or cosmetology
23 clinic teacher for more than 14 16 hours per week.
24 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
25 90-302, eff. 8-1-97.)
26 (225 ILCS 410/4-5.1)
27 Sec. 4-5.1. Deposit of fees and fines. Beginning July
28 1, 1995, all of the fees and fines collected under this Act
29 shall be deposited into the General Professions Dedicated
30 Fund.
31 The funds deposited under this Act into the General
32 Professions Dedicated Fund may be used by the Department to
33 publish and distribute a newsletter to all persons licensed
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1 under this Act. This newsletter shall contain information
2 about any changes in the Act or administrative rules
3 concerning cosmetologists, cosmetology teachers, or
4 cosmetology clinic teachers. During the renewal process, the
5 Department may also distribute to all persons licensed under
6 this Act copies of this Act and the appropriate
7 administrative rules that apply if appropriate funding is
8 available.
9 (Source: P.A. 88-683, eff. 1-24-95.)
10 Section 99. Effective date. This Act takes effect
11 January 1, 1999.".