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90_HB2590eng
225 ILCS 90/2 from Ch. 111, par. 4252
Amends the Illinois Physical Therapy Act. Provides that
the Act does not prohibit the practice of physical therapy by
a physical therapy student or a physical therapist assistant
student under the on-site supervision (instead of direct
personal supervision) of a licensed physical therapist.
Requires the physical therapist to be readily available for
direct supervision and instruction to insure the safety and
welfare of the patient. Effective immediately.
LRB9008985NTsb
HB2590 Engrossed LRB9008985NTsb
1 AN ACT regulating professions.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Regulatory Agency Sunset Act is amended
5 by changing Sections 1, 2, 3, 4, 5, 6, and 7 as follows:
6 (5 ILCS 80/1) (from Ch. 127, par. 1901)
7 Sec. 1. This Act shall be known and may be cited as the
8 "Regulatory Agency Sunset Act".
9 (Source: P.A. 81-999.)
10 (5 ILCS 80/2) (from Ch. 127, par. 1902)
11 Sec. 2. Findings and intent.
12 (a) The General Assembly finds that State government
13 actions have produced a substantial increase in numbers of
14 agencies, growth of programs and proliferation of rules and
15 regulations and that the whole process developed without
16 sufficient legislative oversight, regulatory accountability
17 or a system of checks and balances. The General Assembly
18 further finds that by establishing a system for the
19 termination or continuation of such agencies and programs, it
20 will be in a better position to evaluate the need for the
21 continued existence of present and future regulatory bodies.
22 (b) It is the intent of the General Assembly:
23 (1) That no profession, occupation, business,
24 industry or trade shall be subject to the State's
25 regulatory power unless the exercise of such power is
26 necessary to protect the public health, safety or welfare
27 from significant and discernible harm or damage. The
28 exercise of the State's police power shall be done only
29 to the extent necessary for that purpose.
30 (2) That the State shall not regulate a profession,
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1 occupation, industry, business or trade in a manner which
2 will unreasonably and adversely affect the competitive
3 market.
4 (3) To provide systematic legislative review of the
5 need for, and public benefits derived from, a program or
6 function that which licenses or otherwise regulates the
7 initial entry into a profession, occupation, business,
8 industry or trade by a periodic review and termination,
9 modification, or continuation of those such programs and
10 functions.
11 (Source: P.A. 81-999.)
12 (5 ILCS 80/3) (from Ch. 127, par. 1903)
13 Sec. 3. Definitions. As used in this Act, unless the
14 context clearly requires otherwise:,
15 "Regulatory agency" or "agency" means any arm, branch,
16 department, board, committee or commission of State
17 government that licenses, supervises, exercises control over,
18 or issues rules regarding, or otherwise regulates any trade,
19 occupation, business, industry or profession.
20 "Program" means a system to license or otherwise regulate
21 the initial entry into a profession, occupation, business,
22 industry, or trade by a periodic review and termination,
23 modification, or continuation of the profession, occupation,
24 business, industry, or trade.
25 (Source: P.A. 81-999.)
26 (5 ILCS 80/4) (from Ch. 127, par. 1904)
27 Sec. 4. Repealers. Each Act listed in the Sections
28 following this Section and preceding Section 5 is repealed on
29 the date indicated, unless prior to that date the General
30 Assembly enacts legislation providing for the continuation of
31 the agency or program affected by the repealer.
32 (Source: P.A. 88-670, eff. 12-2-94.)
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1 (5 ILCS 80/5) (from Ch. 127, par. 1905)
2 Sec. 5. Study and report. The Bureau of the Budget
3 shall study the performance of each regulatory agency and
4 program scheduled for termination under this Act and report
5 annually to the Governor the results of such study, including
6 in the report recommendations with respect to those agencies
7 and programs the Bureau of the Budget determines should be
8 terminated or continued by the State. The Governor shall
9 review the report of the Bureau of the Budget and in each
10 even-numbered year make recommendations to the General
11 Assembly on the termination or continuation of regulatory
12 agencies and programs. The Governor's recommendations shall
13 be made a part of the State budget submitted to the General
14 Assembly in even-numbered years.
15 (Source: P.A. 81-999.)
16 (5 ILCS 80/6) (from Ch. 127, par. 1906)
17 Sec. 6. Factors to be studied. In conducting the study
18 required under Section 5, the Bureau of the Budget shall
19 consider, but is not limited to consideration of, the
20 following factors in determining whether an agency or program
21 should be recommended for termination or continuation:
22 (1) The extent to which the agency or program has
23 permitted qualified applicants to serve the public;
24 (2) The extent to which the trade, business,
25 profession, occupation or industry being regulated is
26 being administered in a nondiscriminatory manner both in
27 terms of employment and the rendering of services;
28 (3) The extent to which the regulatory agency or
29 program has operated in the public interest, and the
30 extent to which its operation has been impeded or
31 enhanced by existing statutes, procedures, and practices
32 of any other department of State government, and any
33 other circumstances, including budgetary, resource, and
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1 personnel matters;
2 (4) The extent to which the agency running the
3 program has recommended statutory changes to the General
4 Assembly that which would benefit the public as opposed
5 to the persons it regulates;
6 (5) The extent to which the agency or program has
7 required the persons it regulates to report to it
8 concerning the impact of rules and decisions of the
9 agency or the impact of the program on the public
10 regarding improved service, economy of service, and
11 availability of service;
12 (6) The extent to which persons regulated by the
13 agency or under the program have been required to assess
14 problems in their industry that which affect the public;
15 (7) The extent to which the agency or program has
16 encouraged participation by the public in making its
17 rules and decisions as opposed to participation solely by
18 the persons it regulates and the extent to which such
19 rules and decisions are consistent with statutory
20 authority;
21 (8) The efficiency with which formal public
22 complaints filed with the regulatory agency or under the
23 program concerning persons subject to regulation have
24 been processed to completion, by the executive director
25 of the regulatory agencies or programs, by the Attorney
26 General and by any other applicable department of State
27 government; and
28 (9) The extent to which changes are necessary in
29 the enabling laws of the agency or program to adequately
30 comply with the factors listed in this Section.
31 (Source: P.A. 81-999.)
32 (5 ILCS 80/7) (from Ch. 127, par. 1907)
33 Sec. 7. Additional criteria. In determining whether to
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1 recommend to the General Assembly under Section 5 the
2 continuation of a regulatory agency or program or any
3 function thereof, the Governor shall also consider the
4 following criteria:
5 (1) whether the absence of regulation would
6 significantly harm or endanger the public health, safety or
7 welfare;
8 (2) whether there is a reasonable relationship between
9 the exercise of the State's police power and the protection
10 of the public health, safety or welfare;
11 (3) whether there is another less restrictive method of
12 regulation available which could adequately protect the
13 public;
14 (4) whether the regulation has the effect of directly or
15 indirectly increasing the costs of any goods or services
16 involved, and if so, to what degree;
17 (5) whether the increase in cost is more harmful to the
18 public than the harm which could result from the absence of
19 regulation; and
20 (6) whether all facets of the regulatory process are
21 designed solely for the purpose of, and have as their primary
22 affect, the protection of the public.
23 (Source: P.A. 81-999.)
24 (5 ILCS 80/4.1 rep.)
25 (5 ILCS 80/4.2 rep.)
26 (5 ILCS 80/4.3 rep.)
27 (5 ILCS 80/4.4 rep.)
28 (5 ILCS 80/4.4A rep.)
29 (5 ILCS 80/4.5 rep.)
30 (5 ILCS 80/4.6 rep.)
31 (5 ILCS 80/4.9 rep.)
32 (5 ILCS 80/13 rep.)
33 Section 3. The Regulatory Agency Sunset Act is amended
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1 by repealing Sections 4.1, 4.2, 4.3, 4.4, 4.4A, 4.5, 4.6,
2 4.9, and 13.
3 Section 5. The Illinois Physical Therapy Act is amended
4 by changing Section 2 as follows:
5 (225 ILCS 90/2) (from Ch. 111, par. 4252)
6 Sec. 2. Licensure requirement; exempt activities.
7 Practice without a license forbidden - exception. No person
8 shall after the date of August 31, 1965 begin to practice
9 physical therapy in this State or hold himself out as being
10 able to practice this profession, unless he is licensed as
11 such in accordance with the provisions of this Act. After the
12 effective date of this amendatory Act of 1990, no person
13 shall practice or hold himself out as a physical therapist
14 assistant unless he is licensed as such under this Act.
15 This Act does not prohibit:
16 (1) Any person licensed in this State under any
17 other Act from engaging in the practice for which he is
18 licensed.
19 (2) The practice of physical therapy by those
20 persons, practicing under the supervision of a licensed
21 physical therapist and who have met all of the
22 qualifications as provided in Sections 7, 8.1, and 9 of
23 this Act, until the next examination is given for
24 physical therapists or physical therapist assistants and
25 the results have been received by the Department and the
26 Department has determined the applicant's eligibility for
27 a license. Anyone failing to pass said examination shall
28 not again practice physical therapy until such time as an
29 examination has been successfully passed by such person.
30 (3) The practice of physical therapy for a period
31 not exceeding 6 months by a person who is in this State
32 on a temporary basis to assist in a case of medical
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1 emergency or to engage in a special physical therapy
2 project, and who meets the qualifications for a physical
3 therapist as set forth in Sections 7 and 8 of this Act
4 and is licensed in another state as a physical therapist.
5 (4) Practice of physical therapy by qualified
6 persons who have filed for endorsement for no longer than
7 one year or until such time that notification of
8 licensure has been granted or denied, whichever period of
9 time is lesser.
10 (5) One or more licensed physical therapists from
11 forming a professional service corporation under the
12 provisions of the "Professional Service Corporation Act",
13 approved September 15, 1969, as now or hereafter amended,
14 and licensing such corporation for the practice of
15 physical therapy.
16 (6) Physical therapy aides from performing patient
17 care activities under the on-site supervision of a
18 licensed physical therapist or licensed physical
19 therapist assistant. These patient care activities shall
20 not include interpretation of referrals, evaluation
21 procedures, the planning of or major modifications of,
22 patient programs.
23 (7) Physical Therapist Assistants from performing
24 patient care activities under the general supervision of
25 a licensed physical therapist. The physical therapist
26 must maintain continual contact with the physical
27 therapist assistant including periodic personal
28 supervision and instruction to insure the safety and
29 welfare of the patient.
30 (8) The practice of physical therapy by a physical
31 therapy student or a physical therapist assistant student
32 under the on-site direct personal supervision of a
33 licensed physical therapist. The physical therapist
34 shall be readily available for direct supervision and
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1 instruction to insure the safety and welfare of the
2 patient.
3 (9) The practice of physical therapy as part of an
4 educational program by a physical therapist licensed in
5 another state or country for a period not to exceed 6
6 months.
7 (Source: P.A. 86-1396.)
8 Section 10. The Professional Boxing and Wrestling Act is
9 amended by changing Section 13 as follows:
10 (225 ILCS 105/13) (from Ch. 111, par. 5013)
11 Sec. 13. Tickets to athletic events, other than an
12 athletic event conducted at premises with an indoor seating
13 capacity of more than 17,000, shall be printed in such form
14 as the Department shall prescribe. A sworn inventory of all
15 tickets printed for any event shall be mailed to the
16 Department by the printer not less than 7 days before the
17 event, and a sworn inventory of all tickets printed for any
18 event shall be sent to the Department by the promoter within
19 24 hours after receipt of delivery from the printer. The
20 total number of tickets printed shall not exceed the total
21 seating capacity of the premises in which the event is to be
22 held. No tickets of admission to any event, other than an
23 athletic event conducted at premises with an indoor seating
24 capacity of more than 17,000, shall be sold except those
25 declared on an official ticket inventory as described in this
26 Section.
27 A promoter who conducts an athletic event under this Act,
28 other than an athletic event conducted at premises with an
29 indoor seating capacity of more than 17,000, shall, within 24
30 hours after such event: (1) furnish to the Department a
31 written report verified by the promoter or his authorized
32 designee showing the number of tickets sold for the contest
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1 and the amount of the gross proceeds thereof; and (2) pay to
2 the State Treasurer a tax of 10% of the first $500,000 of
3 gross receipts from the sale of admission tickets, to be
4 placed in the General Revenue Fund. Also, every person,
5 showing or holding any boxing match or wrestling exhibition
6 on a closed circuit telecast viewed in this State, whether
7 originating within this State, or another state or country,
8 where admission is charged, shall register with the
9 Department and pay a $400 fee each year of registration.
10 Registrant shall be entitled to show unlimited closed circuit
11 events during the year the registration is valid. A $25 fee
12 shall be paid for each event at each location where the
13 boxing contest or wrestling exhibition is shown by a licensed
14 Illinois promoter. The Department shall prescribe rules for
15 the implementation of this registration. These closed
16 circuit TV fees shall be paid to the Department of
17 Professional Regulation. furnish the Athletic Section of the
18 Department a written report, under oath, stating the number
19 of tickets sold for such showing and the amount of the gross
20 proceeds thereof, and such other matters as the Athletic
21 Board prescribes and shall within 24 hours after the showing
22 of the contest pay to the State Treasurer a 5% tax on the
23 total gross receipts from the sale of tickets for the showing
24 of such match. A fee must be paid for each location where
25 the boxing contest or wrestling exhibition is shown by a
26 licensed Illinois promoter.
27 (Source: P.A. 88-595, eff. 8-26-94.)
28 Section 15. The Professional Counselor and Clinical
29 Professional Counselor Licensing Act is amended by changing
30 Section 55 as follows:
31 (225 ILCS 107/55)
32 Sec. 55. Implementation; transitional periods.
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1 (a) Professional counselor.
2 (1) Without examination, the Department shall issue
3 a nonrenewable temporary license, which shall expire
4 March 5, 1999 September 5, 1998, to any person who
5 applies to the Department on forms provided by the
6 Department, submits the fee for temporary licensure and:
7 (A) has a minimum of a master's degree in the
8 field of counseling, rehabilitation counseling,
9 psychology, or similar program from a college,
10 university, or school recognized by the educational
11 governing authority in the jurisdiction in which it
12 is located; or
13 (B) has a baccalaureate degree from a college,
14 university, or school recognized by the educational
15 governing authority in the jurisdiction in which it
16 is located and can document the equivalent of 3
17 years full-time satisfactory supervised experience
18 as a professional counselor.
19 (2) All holders of a professional counseling
20 temporary license issued under part B of paragraph (1) of
21 this subsection (a) must document the equivalent of an
22 additional 2 years full-time supervised work in order to
23 become eligible to take the exam for a permanent license.
24 (3) All persons holding a temporary license shall
25 complete any additional experience requirements, apply to
26 sit for the examination, submit the required fees, and
27 pass an examination specified by the Department by March
28 5, 1999 September 5, 1998, in order to be eligible to
29 obtain a professional counselor license. Upon passing the
30 exam, persons holding a temporary license as a
31 professional counselor may be issued a professional
32 counselor license. Persons holding a temporary license
33 who do not pass the examination by March 5, 1999
34 September 5, 1998, will be required to submit an
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1 application under Section 35 and meet the requirements in
2 effect at the time of reapplication.
3 (4) Any person who has received certification by
4 any State or national organization whose standards are
5 accepted by the Department as being substantially similar
6 to the standards in this Act may apply for a professional
7 counselor license, and need not be examined further.
8 (b) Clinical professional counselor.
9 (1) Without examination, the Department shall issue
10 a nonrenewable temporary license, which shall expire on
11 March 5, 1999 September 5, 1998, to any person who
12 applies to the Department on forms provided by the
13 Department, submits the fee for temporary licensure, and:
14 (A) has a minimum of a master's degree in the
15 field of counseling, rehabilitation counseling,
16 psychology, or related field from a college,
17 university, or school recognized by the educational
18 governing authority in the jurisdiction in which it
19 is located; and
20 (B) can document the equivalent of one unit of
21 acceptable experience.
22 (2) All persons holding a temporary clinical
23 professional counselor license shall (A) document the
24 completion of an additional one unit of acceptable
25 experience; (B) apply to sit for the examination; (C)
26 submit the required fees; and (D) pass an examination
27 specified by the Department by March 5, 1999 September 5,
28 1998, in order to be eligible to obtain a clinical
29 professional counselor's license. Upon passing the exam,
30 persons holding a temporary license as a clinical
31 professional counselor may be issued a professional
32 counselor license. Persons holding a temporary license
33 who do not pass the examination by March 5, 1999
34 September 1, 1998, shall be required to submit an
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1 application under Section 35 and meet the requirements in
2 effect at the time of reapplication.
3 (3) For the purposes of this Section only, one unit
4 of acceptable experience is either (A) the equivalent of
5 one year full-time work experience under the direction of
6 a qualified supervisor or (B) the equivalent of 2 years
7 work experience independent of the direction of a
8 qualified supervisor. The unit requirements of this
9 Section may be satisfied by supervised experience,
10 independent experience, or a combination of supervised
11 and independent experience.
12 (4) For the purposes of this Section only,
13 acceptable supervisors are those who at the time of
14 supervision were master's level or doctoral level
15 counselors, certified social workers or licensed clinical
16 social workers, registered clinical psychologists or
17 licensed clinical psychologists, or psychiatrists as
18 defined in Section 1-121 of the Mental Health and
19 Developmental Disabilities Code. One of these 2 years of
20 supervision may be provided by a certified rehabilitation
21 counselor.
22 (5) Any person who has received certification by
23 any State or national organization whose standards are
24 accepted by the Department may apply for a clinical
25 professional counselor license, and need not be examined
26 further.
27 (Source: P.A. 87-1011; 87-1212; 87-1269; 88-45.)
28 Section 20. The Barber, Cosmetology, Esthetics, and Nail
29 Technology Act of 1985 is amended by changing Sections 1-11,
30 2A-7, and 4-2 as follows:
31 (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
32 Sec. 1-11. Exceptions to Act.
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1 (a) Nothing in this Act shall be construed to apply to
2 the educational activities conducted in connection with any
3 monthly, annual or other special educational program of any
4 bona fide association of licensed cosmetologists,
5 estheticians, nail technicians, or barbers, or licensed
6 cosmetology, esthetics, nail technology, or barber schools
7 from which the general public is excluded.
8 (b) Nothing in this Act shall be construed to apply to
9 the activities and services of registered nurses or licensed
10 practical nurses, as defined in the Illinois Nursing Act of
11 1987, or to personal care or health care services provided by
12 individuals in the performance of their duties as employed or
13 authorized by facilities or programs licensed or certified by
14 State agencies. As used in this subsection (b), "personal
15 care" means assistance with meals, dressing, movement,
16 bathing, or other personal needs or maintenance or general
17 supervision and oversight of the physical and mental
18 well-being of an individual who is incapable of maintaining a
19 private, independent residence or who is incapable of
20 managing his or her person whether or not a guardian has been
21 appointed for that individual. The definition of "personal
22 care" as used in this subsection (b) shall not otherwise be
23 construed to negate the requirements of this Act or its
24 rules.
25 (c) Nothing in this Act shall be deemed to require
26 licensure of individuals employed by the motion picture,
27 film, television, stage play or related industry for the
28 purpose of providing cosmetology or esthetics services to
29 actors of that industry while engaged in the practice of
30 cosmetology or esthetics as a part of that person's
31 employment.
32 (Source: P.A. 89-387, eff. 1-1-96.)
33 (225 ILCS 410/2A-7)
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1 Sec. 2A-7. Requirements for licensure as barber school.
2 A person, firm, or corporation may not own, operate or
3 conduct a school or college of barbering for the purpose of
4 teaching barbering for compensation without filing an
5 application with the Department on forms provided by the
6 Department, paying the required fees, and complying with the
7 following requirements:
8 1. The applicant must submit to the Department for
9 approval:
10 a. A floor plan, drawn to a scale specified on
11 the floor plan, showing every detail of the proposed
12 school;
13 b. A lease commitment or proof of ownership
14 for the location of the proposed school; a lease
15 commitment must provide for execution of the lease
16 upon the Department's approval of the school's
17 application and the lease must be for a period of at
18 least one year; and
19 c. A written inspection report made by the
20 State Fire Marshal approving the use of the proposed
21 premises as a barbering school.
22 2. The applicant must submit a certified financial
23 statement prepared by a licensed public accountant who is
24 not an employee of the school, indicating sufficient
25 finances to guarantee operation for one full year.
26 3. The proposed barber school or college shall have
27 a minimum of one theory or demonstration room, one
28 workroom, and 2 toilet facilities.
29 The minimum equipment in the workroom shall be 20
30 barber chairs, one cabinet and one wet sterilizer for
31 each barber chair, four shampoo basins complete with
32 shampoo spray, one electric vibrator for each l0 barber
33 chairs, and one scalp-treatment high frequency
34 electricity apparatus for each l0 barber chairs.
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1 The municipality in which the proposed new barber
2 school is to be located shall be large enough to support
3 the proposed barber school to the degree that the
4 students who might be enrolled in the proposed barber
5 school would be assured of sufficient practice to enable
6 them to become competent workers. The municipality shall
7 be deemed large enough to support a barber school if the
8 number of barber chairs in the proposed barber school,
9 together with those in any other existing barber school
10 in the municipality, does not exceed the ratio of one
11 barber chair for each 4000 people in the municipality as
12 determined by the most recent federal decennial census.
13 This provision does not prevent an existing barber school
14 from moving to a new location within the State.
15 It shall be a requirement for maintaining and
16 renewing a barber school license that the school or
17 college of barbering actually provide instruction and
18 teaching, as well as maintain the equipment required by
19 this Section. If a barber school ceases operation for
20 any reason, the Department shall place the school's
21 license on inoperative status, without hearing, for a
22 period of up to one year from the date that the school
23 ceases operation. A barber school license on inoperative
24 status may be restored by the Department upon resumption
25 of operation in accordance with the requirements of this
26 Act. A license on inoperative status may not be renewed.
27 A barber school license that remains on inoperative
28 status for a period of one year shall automatically,
29 without hearing, be cancelled. A cancelled license may
30 not be renewed or restored. A person, firm, or
31 corporation whose license has been cancelled and who
32 wishes to own, operate, or conduct a school or college of
33 barbering for the purpose of teaching barbering for
34 compensation must apply for a new license.
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1 An inoperative license counts against the
2 requirement that the ratio of barber chairs be no more
3 than one barber chair for each 4000 people in a
4 municipality, but a license that has been cancelled no
5 longer counts against the ratio requirement.
6 4. The proposed barber school or college shall have
7 a curriculum that includes each of the following
8 subjects: the preparation and care of barber implements,
9 the art of haircutting, styling, shaving, beard trimming
10 and shampooing, facial and scalp massaging and treatments
11 either by hand or mechanical appliances, hair tinting,
12 coloring, and bleaching, permanent waving, barber
13 anatomy, physiology, bacteriology, sanitation, barber
14 history, Illinois barber law, electricity and light rays,
15 and a course dealing with the common diseases of the skin
16 and methods to avoid the aggravation and spreading
17 thereof in the practice of barbering.
18 In a l500 hour barber course all students shall
19 receive a minimum of l50 hours of lectures,
20 demonstrations, or discussions. The remaining l350 hours
21 shall be devoted to practical application of the
22 student's skill in the workroom, or to additional theory
23 or other classwork, at the discretion of the instructor.
24 5. The school shall comply with all rules of the
25 Department establishing the necessary curriculum and
26 equipment required for the conduct of such school.
27 6. The school shall employ a sufficient number of
28 qualified teachers of barbering who are holders of a
29 current license issued by the Department, which staff is
30 adequate only if the ratio of students to teachers does
31 not exceed 25 students for each barber teacher.
32 7. A final inspection of the barber school shall be
33 made by the Department before the school may commence
34 classes. The inspection shall include a determination of
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1 whether:
2 a. All of the requirements of paragraph 1 of
3 this Section have been met.
4 b. The school is in compliance with all rules
5 of the Department established for the purpose of
6 determining the necessary curriculum and equipment
7 required for the school.
8 c. A sufficient number of qualified teachers
9 of barbering who are holders of current licenses
10 issued by the Department are employed.
11 Upon meeting all of the above requirements, the
12 Department may issue a license and the school may commence
13 classes.
14 No barber school may cease operation without first
15 delivering its student records to a place of safekeeping in
16 accordance with Department rule.
17 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
18 (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
19 Sec. 4-2. The Barber, Cosmetology, Esthetics, and Nail
20 Technology Committee. There is established within the
21 Department the Barber, Cosmetology, Esthetics, and Nail
22 Technology Committee, composed of 11 persons designated from
23 time to time by the Director to advise the Director in all
24 matters related to the practice of barbering, cosmetology,
25 esthetics, and nail technology.
26 The 11 members of the Committee shall be appointed as
27 follows: 6 licensed cosmetologists, all of whom hold a
28 current license as a cosmetologist or cosmetology teacher
29 and, for appointments made after the effective date of this
30 amendatory Act of 1996, at least 2 of whom shall be an owner
31 of or a major stockholder in a school of cosmetology, one of
32 whom shall be a representative of a franchiser with 5 or more
33 locations within the State, one of whom shall be a
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1 representative of an owner operating salons in 5 or more
2 locations within the State, one of whom shall be an
3 independent salon owner, and no one of the cosmetologist
4 members shall be a manufacturer, jobber, or stockholder in a
5 factory of cosmetology articles or an immediate family member
6 of any of the above; 2 of whom shall be barbers holding a
7 current license; one member who shall be a licensed
8 esthetician or esthetics teacher; one member who shall be a
9 licensed nail technician or nail technology teacher; and one
10 public member who holds no licenses issued by the Department.
11 The Director shall give due consideration for membership to
12 recommendations by members of the professions and by their
13 professional organizations. Members shall serve 4 year terms
14 and until their successors are appointed and qualified;
15 except that of the initial appointments under this Act, 4
16 members shall be appointed to serve for 2 years, 3 members
17 shall be appointed to serve for 3 years, and the remaining 3
18 members shall be appointed to serve for 4 years, until their
19 successors are appointed and qualified. No member shall be
20 reappointed to the Committee for more than 2 terms.
21 Appointments to fill vacancies shall be made in the same
22 manner as original appointments for the unexpired portion of
23 the vacated term. Initial terms shall begin upon the
24 effective date of this Act. Members of the Committee in
25 office on the effective date of this amendatory Act of 1996
26 shall continue to serve for the duration of the terms to
27 which they have been appointed, but beginning on that
28 effective date all appointments of licensed cosmetologists
29 and barbers to serve as members of the Committee shall be
30 made in a manner that will effect at the earliest possible
31 date the changes made by this amendatory Act of 1996 in the
32 representative composition of the Committee.
33 Whenever the Director is satisfied that substantial
34 justice has not been done in an examination, the Director may
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1 order a reexamination by the same or other examiners.
2 (Source: P.A. 88-362; 89-387, eff. 1-1-96; 89-706, eff.
3 1-31-97.)
4 Section 25. The Private Detective, Private Alarm,
5 Private Security, and Locksmith Act of 1993 is amended by
6 changing Section 75 as follows:
7 (225 ILCS 446/75)
8 Sec. 75. Qualifications for licensure and agency
9 certification.
10 (a) Private Detective. A person is qualified to receive
11 a license as a private detective if he or she meets all of
12 the following requirements:
13 (1) Is at least 21 years of age.
14 (2) Has not been convicted in any jurisdiction of
15 any felony or at least 10 years have expired from the
16 time of discharge from any sentence imposed for a felony.
17 (3) Is of good moral character. Good character is
18 a continuing requirement of licensure. Conviction of
19 crimes not listed in paragraph (2) of subsection (a) of
20 this Section may be used in determining moral character,
21 but does not operate as an absolute bar to licensure.
22 (4) Has not been declared by any court of competent
23 jurisdiction to be incompetent by reason of mental or
24 physical defect or disease unless a court has since
25 declared him or her to be competent.
26 (5) Is not suffering from habitual drunkenness or
27 from narcotic addiction or dependence.
28 (6) Has a minimum of 3 years experience out of the
29 5 years immediately preceding his or her application
30 working full-time for a licensed private detective agency
31 as a registered private detective employee or with 3
32 years experience out of the 5 years immediately preceding
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1 his or her application employed as a full-time
2 investigator in a law enforcement agency of a federal or
3 State political subdivision, approved by the Board and
4 the Department; or an applicant who has obtained a
5 baccalaureate degree in police science or a related field
6 or a business degree from an accredited college or
7 university shall be given credit for 2 of the 3 years
8 experience required under this Section. An applicant who
9 has obtained an associate degree in police science or a
10 related field or in business from an accredited college
11 or university shall be given credit for one of the 3
12 years experience required under this Section.
13 (7) Has not been dishonorably discharged from the
14 armed services of the United States.
15 (8) Has successfully passed an examination
16 authorized by the Department. The examination shall
17 include subjects reasonably related to the activities
18 licensed so as to provide for the protection of the
19 health and safety of the public.
20 (9) Has not violated Section 15, 20, or 25 of this
21 Act, but this requirement does not operate as an absolute
22 bar to licensure.
23 It is the responsibility of the applicant to obtain
24 liability insurance in an amount and coverage type
25 appropriate as determined by rule for the applicant's
26 individual business circumstances. The applicant shall
27 provide evidence of insurance to the Department before being
28 issued a license. This insurance requirement is a continuing
29 requirement for licensure. Failure to maintain insurance
30 shall result in cancellation of the license by the
31 Department.
32 (b) Private security contractor. A person is qualified
33 to receive a license as a private security contractor if he
34 or she meets all of the following requirements:
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1 (1) Is at least 21 years of age.
2 (2) Has not been convicted in any jurisdiction of
3 any felony or at least 10 years have expired from the
4 time of discharge from any sentence imposed for a felony.
5 (3) Is of good moral character. Good moral
6 character is a continuing requirement of licensure.
7 Convictions of crimes not listed in paragraph (2) of
8 subsection (b) of this Section may be used in determining
9 moral character, but do not operate as an absolute bar to
10 licensure.
11 (4) Has not been declared by any court of competent
12 jurisdiction to be incompetent by reason of mental or
13 physical defect or disease unless a court has since
14 declared him or her to be competent.
15 (5) Is not suffering from habitual drunkenness or
16 from narcotic addiction or dependence.
17 (6) Has a minimum of 3 years experience out of the
18 5 years immediately preceding his or her application as a
19 full-time manager or administrator for a licensed private
20 security contractor agency or a manager or administrator
21 of a proprietary security force of 30 or more persons
22 registered with the Department, or with 3 years
23 experience out of the 5 years immediately preceding his
24 or her application as a full-time supervisor in a law
25 enforcement agency of a federal or State political
26 subdivision, approved by the Board and the Department; or
27 an applicant who has obtained a baccalaureate degree in
28 police science or a related field or a business degree
29 from an accredited college or university shall be given
30 credit for 2 of the 3 years experience required under
31 this Section. An applicant who has obtained an associate
32 degree in police science or a related field or in
33 business from an accredited college or university shall
34 be given credit for one of the 3 years experience
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1 required under this Section.
2 (7) Has not been dishonorably discharged from the
3 armed services of the United States.
4 (8) Has successfully passed an examination
5 authorized by the Department. The examination shall
6 include subjects reasonably related to the activities
7 licensed so as to provide for the protection of the
8 health and safety of the public.
9 (9) Has not violated Section 15, 20, or 25 of this
10 Act, but this requirement does not operate as an absolute
11 bar to licensure.
12 (10) It is the responsibility of the applicant to
13 obtain liability insurance in amount and coverage type
14 appropriate as determined by rule for the applicant's
15 individual business circumstances. The applicant shall
16 provide evidence of insurance to the Department before
17 being issued a license. This insurance requirement is a
18 continuing requirement for licensure. Failure to
19 maintain insurance shall result in cancellation of the
20 license by the Department.
21 (c) Private alarm contractor. A person is qualified to
22 receive a license as a private alarm contractor if he or she
23 meets all of the following requirements:
24 (1) Is at least 21 years of age.
25 (2) Has not been convicted in any jurisdiction of
26 any felony or at least 10 years have expired from the
27 time of discharge from any sentence imposed for a felony.
28 (3) Is of good moral character. Good moral
29 character is a continuing requirement of licensure.
30 Convictions of crimes not listed in paragraph (2) of
31 subsection (c) of this Section may be used in determining
32 moral character, but do not operate as an absolute bar to
33 licensure.
34 (4) Has not been declared by any court of competent
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1 jurisdiction to be incompetent by reason of mental or
2 physical defect or disease unless a court has since
3 declared him or her to be competent.
4 (5) Is not suffering from habitual drunkenness or
5 from narcotic addiction or dependence.
6 (6) Has not been dishonorably discharged from the
7 armed services of the United States.
8 (7) Has a minimum of 3 years experience out of the
9 5 years immediately preceding application as a full time
10 manager or administrator for an agency licensed as a
11 private alarm contractor agency, or for an entity that
12 designs, sells, installs, services, or monitors alarm
13 systems which in the judgment of the Board satisfies
14 standards of alarm industry competence. An individual who
15 has received a 4 year degree in electrical engineering or
16 a related field from a program approved by the Board
17 shall be given credit for 2 years of experience under
18 this item (7). An individual who has successfully
19 completed a national certification program approved by
20 the Board shall be given credit for one year of
21 experience under this item (7).
22 (8) Has successfully passed an examination
23 authorized by the Department. The examination shall
24 include subjects reasonably related to the activities
25 licensed so as to provide for the protection of the
26 health and safety of the public.
27 (9) Has not violated Section 15, 20, or 25 of this
28 Act, but this requirement does not operate as an absolute
29 bar to licensure.
30 (10) It is the responsibility of the applicant to
31 obtain liability insurance in an amount and coverage type
32 appropriate as determined by rule for the applicant's
33 individual business circumstances. The applicant shall
34 provide evidence of insurance to the Department before
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1 being issued a license. This insurance requirement is a
2 continuing requirement for licensure. Failure to
3 maintain insurance shall result in cancellation of the
4 license by the Department.
5 (d) Locksmith. A person is qualified to receive a
6 license as a locksmith if he or she meets all of the
7 following requirements:
8 (1) Is at least 18 years of age.
9 (2) Has not violated any provisions of Section 120
10 of this Act.
11 (3) Has not been convicted in any jurisdiction of
12 any felony or at least 10 years have expired from the
13 time of discharge from any sentence imposed for a felony.
14 (4) Is of good moral character. Good moral
15 character is a continuing requirement of licensure.
16 Convictions of crimes not listed in paragraph (3) of
17 subsection (d) of this Section may be used in determining
18 moral character, but do not operate as an absolute bar to
19 licensure.
20 (5) Has not been declared by any court of competent
21 jurisdiction to be incompetent by reason of mental or
22 physical defect or disease unless a court has since
23 declared him or her to be competent.
24 (6) Is not suffering from habitual drunkenness or
25 from narcotic addiction or dependence.
26 (7) Has not been dishonorably discharged from the
27 armed services of the United States.
28 (8) Has passed an examination authorized by the
29 Department in the theory and practice of the profession.
30 (9) Has submitted to the Department proof of
31 insurance sufficient for the individual's business
32 circumstances. The Department, with input from the
33 Board, shall promulgate rules specifying minimum
34 insurance requirements. This insurance requirement is a
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1 continuing requirement for licensure. Failure to
2 maintain insurance shall result in the cancellation of
3 the license by the Department. A locksmith employed by a
4 licensed locksmith agency or employed by a private
5 concern may provide proof that his or her actions as a
6 locksmith are covered by the insurance of his or her
7 employer.
8 (e) Private detective agency. Upon payment of the
9 required fee and proof that the applicant has a full-time
10 Illinois licensed private detective in charge, which is a
11 continuing requirement for agency certification, the
12 Department shall issue, without examination, a certificate as
13 a private detective agency to any of the following:
14 (1) An individual who submits an application in
15 writing and who is a licensed private detective under
16 this Act.
17 (2) A firm or association that submits an
18 application in writing and all of the members of the firm
19 or association are licensed private detectives under this
20 Act.
21 (3) A duly incorporated or registered corporation
22 allowed to do business in Illinois that is authorized by
23 its articles of incorporation to engage in the business
24 of conducting a detective agency, provided at least one
25 officer or executive employee is licensed as a private
26 detective under this Act and all unlicensed officers and
27 directors of the corporation are determined by the
28 Department to be persons of good moral character.
29 No private detective may be the private detective in
30 charge for more than one agency except for an individual who,
31 on the effective date of this Act, is currently and actively
32 a licensee for more than one agency. Upon written request by
33 a representative of an agency within 10 days after the loss
34 of a licensee in charge of an agency because of the death of
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1 that individual or because of an unanticipated termination of
2 the employment of that individual, the Department shall issue
3 a temporary permit allowing the continuing operation of a
4 previously licensed agency. No temporary permit shall be
5 valid for more than 90 days. An extension of an additional
6 90 days may be granted by the Department for good cause shown
7 upon written request by the representative of the agency. No
8 more than 2 extensions may be granted to any agency. No
9 temporary permit shall be issued for the loss of the
10 detective in charge because of disciplinary action by the
11 Department.
12 (f) Private alarm contractor agency. Upon receipt of
13 the required fee and proof that the applicant has a full-time
14 Illinois licensed private alarm contractor in charge, which
15 is a continuing requirement for agency certification, the
16 Department shall issue, without examination, a certificate as
17 a private alarm contractor agency to any of the following:
18 (1) An individual who submits an application in
19 writing and who is a licensed private alarm contractor
20 under this Act.
21 (2) A firm or association that submits an
22 application in writing that all of the members of the
23 firm or association are licensed private alarm
24 contractors under this Act.
25 (3) A duly incorporated or registered corporation
26 allowed to do business in Illinois that is authorized by
27 its articles of incorporation to engage in the business
28 of conducting a private alarm contractor agency, provided
29 at least one officer or executive employee is licensed as
30 a private alarm contractor under this Act and all
31 unlicensed officers and directors of the corporation are
32 determined by the Department to be persons of good moral
33 character.
34 No private alarm contractor may be the private alarm
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1 contractor in charge for more than one agency except for any
2 individual who, on the effective date of this Act, is
3 currently and actively a licensee for more than one agency.
4 Upon written request by a representative of an agency within
5 10 days after the loss of a licensed private alarm contractor
6 in charge of an agency because of the death of that
7 individual or because of the unanticipated termination of the
8 employment of that individual, the Department shall issue a
9 temporary permit allowing the continuing operation of a
10 previously licensed agency. No temporary permit shall be
11 valid for more than 90 days. An extension of an additional
12 90 days may be granted by the Department for good cause shown
13 and upon written request by the representative of the agency.
14 No more than 2 extensions may be granted to any agency. No
15 temporary permit shall be issued for the loss of the licensee
16 in charge because of disciplinary action by the Department.
17 (g) Private security contractor agency. Upon receipt of
18 the required fee and proof that the applicant has a full-time
19 Illinois licensed private security contractor in charge,
20 which is continuing requirement for agency certification, the
21 Department shall issue, without examination, a certificate as
22 a private security contractor agency to any of the following:
23 (1) An individual who submits an application in
24 writing and who is a licensed private security contractor
25 under this Act.
26 (2) A firm or association that submits an
27 application in writing that all of the members are
28 licensed private security contractors under this Act.
29 (3) A duly incorporated or registered corporation
30 allowed to do business in Illinois that is authorized by
31 its articles of incorporation to engage in the business
32 of conducting a private security contractor agency,
33 provided at least one officer or executive employee is
34 licensed as a private security contractor under this Act
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1 and all unlicensed officers and directors of the
2 corporation are determined by the Department to be
3 persons of good moral character.
4 No private security contractor may be the private
5 security contractor in charge for more than one agency except
6 for any individual who, on the effective date of this Act, is
7 currently and actively a licensee for more than one agency.
8 Upon written request by a representative of the agency within
9 10 days after the loss of a licensee in charge of an agency
10 because of the death of that individual or because of the
11 unanticipated termination of the employment of that
12 individual, the Department shall issue a temporary permit
13 allowing the continuing operation of a previously licensed
14 agency. No temporary permit shall be valid for more than 90
15 days. An extension of an additional 90 days may be granted
16 upon written request by the representative of the agency. No
17 more than 2 extensions may be granted to any agency. No
18 temporary permit shall be issued for the loss of the licensee
19 in charge because of disciplinary action by the Department.
20 (h) Licensed locksmith agency. Upon receipt of the
21 required fee and proof that the applicant is an Illinois
22 licensed locksmith who shall assume full responsibility for
23 the operation of the agency and the directed actions of the
24 agency's employees, which is a continuing requirement for
25 agency licensure, the Department shall issue, without
26 examination, a certificate as a Locksmith Agency to any of
27 the following:
28 (1) An individual who submits an application in
29 writing and who is a licensed locksmith under this Act.
30 (2) A firm or association that submits an
31 application in writing and certifies that all of the
32 members of the firm or association are licensed
33 locksmiths under this Act.
34 (3) A duly incorporated or registered corporation
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1 or limited liability company allowed to do business in
2 Illinois that is authorized by its articles of
3 incorporation or organization to engage in the business
4 of conducting a locksmith agency, provided that at least
5 one officer or executive employee of a corporation or one
6 member of a limited liability company is licensed as a
7 locksmith under this Act, and provided that person agrees
8 in writing on a form acceptable to the Department to
9 assume full responsibility for the operation of the
10 agency and the directed actions of the agency's
11 employees, and further provided that all unlicensed
12 officers and directors of the corporation or members of
13 the limited liability company are determined by the
14 Department to be persons of good moral character.
15 An individual licensed locksmith operating under a
16 business name other than the licensed locksmith's own name
17 shall not be required to obtain a locksmith agency license if
18 that licensed locksmith does not employ any persons to engage
19 in the practice of locksmithing.
20 An applicant for licensure as a locksmith agency shall
21 submit to the Department proof of insurance sufficient for
22 the agency's business circumstances. The Department shall
23 promulgate rules specifying minimum insurance requirements.
24 This insurance requirement is a continuing requirement for
25 licensure.
26 No licensed locksmith may be the licensed locksmith
27 responsible for the operation of more than one agency except
28 for any individual who submits proof to the Department that,
29 on the effective date of this amendatory Act of 1995, he or
30 she is actively responsible for the operations of more than
31 one agency. A licensed private alarm contractor who is
32 responsible for the operation of a licensed private alarm
33 contractor agency and who is a licensed locksmith may also be
34 the licensed locksmith responsible for the operation of a
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1 locksmith agency.
2 Upon written request by a representative of an agency
3 within 10 days after the loss of a responsible licensed
4 locksmith of an agency, because of the death of that
5 individual or because of the unanticipated termination of the
6 employment of that individual, the Department shall issue a
7 temporary permit allowing the continuing operation of a
8 previously licensed locksmith agency. No temporary permit
9 shall be valid for more than 90 days. An extension for an
10 additional 90 days may be granted by the Department for good
11 cause shown and upon written request by a representative of
12 the agency. No more than 2 extensions may be granted to any
13 agency. No temporary permit shall be issued to any agency
14 due to the loss of the responsible locksmith because of
15 disciplinary action by the Department.
16 (i) Proprietary Security Force. All commercial or
17 industrial operations that employ 5 or more persons as armed
18 security guards and all financial institutions that employ
19 armed security guards shall register their security forces
20 with the Department on forms provided by the Department.
21 All armed security guard employees of the registered
22 proprietary security force shall be required to complete a
23 20-hour basic training course and 20-hour firearm training
24 course in accordance with administrative rules.
25 Each proprietary security force shall be required to
26 apply to the Department, on forms supplied by the Department,
27 for the issuance of a firearm authorization card, in
28 accordance with administrative rules, for each armed employee
29 of the security force.
30 The Department shall prescribe rules for the
31 administration of this Section.
32 (j) (i) Any licensed agency that operates a branch
33 office as defined in this Act shall apply for a branch office
34 license.
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1 (Source: P.A. 89-85, eff. 1-1-96; 89-366, eff. 1-1-96;
2 89-626, eff. 8-9-96; 90-436, eff. 1-1-98.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.