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92_HB4255eng HB4255 Engrossed LRB9212746ACsb 1 AN ACT concerning electrology. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Electrologist Licensing Act. 6 Section 5. Purposes. The practice of electrology in the 7 State of Illinois is hereby declared to affect the public 8 health, safety, and welfare and to be subject to regulation 9 and control in the public interest. 10 It is declared to be a matter of public health and 11 concern that the practice of electrology, as defined in this 12 Act, merit and receive the confidence of the public and that 13 only qualified persons be authorized to practice as 14 electrologists in the State of Illinois. This Act shall be 15 liberally construed to best carry out these subjects and 16 purposes. 17 Section 10. Definitions. In this Act: 18 "Department" means the Department of Professional 19 Regulation. 20 "Director" means the Director of Professional Regulation. 21 "Electrologist" means an individual licensed to practice 22 electrology pursuant to the provisions of this Act. 23 "Electrology" means the practice or teaching of services 24 for permanent hair removal utilizing only solid probe 25 electrode type epilation, which may include thermolysis 26 (shortwave, high frequency), electrolysis (galvanic), or a 27 combination of both (superimposed or sequential blend). 28 Section 15. License required. Beginning January 1, 2004, 29 no person shall engage in the practice of electrology or hold HB4255 Engrossed -2- LRB9212746ACsb 1 himself or herself out as an electrologist in this State 2 without a license issued by the Department under this Act. 3 Section 20. Exemptions. This Act does not prohibit: 4 (1) A person licensed in this State under any other Act 5 from engaging in the practice for which that person is 6 licensed. 7 (2) The practice of electrology by a person who is 8 employed by the United States government or any bureau, 9 division, or agency thereof while in the discharge of the 10 employee's official duties. 11 (3) The practice of electrology included in a program of 12 study by students enrolled in schools or in refresher courses 13 approved by the Department. Nothing in this Act shall be 14 construed to prevent a person functioning as an assistant to 15 a person licensed to practice medicine in all its branches 16 from providing electrology services. 17 Section 23. Scope of practice. 18 (a) The scope of practice of an electrologist is limited 19 to the following: 20 (1) The application of an antiseptic on the area of 21 the individual's skin to which electrology will be 22 applied. 23 (2) The use of a sterile needle/probe electrode 24 type epilation, which includes (i) electrolysis, known as 25 direct current/DC, (ii) thermolysis, known as alternating 26 current/AC, or (iii) a combination of both electrolysis 27 and thermolysis, known as superimposed or sequential 28 blend. 29 (b) Nothing in this Act shall be construed to authorize 30 an electrologist to use surgery including but not limited to 31 the use of any laser technology. An electrologist shall 32 refer to a licensed physician any individual whose condition, HB4255 Engrossed -3- LRB9212746ACsb 1 at the time of evaluation or service, is determined to be 2 beyond the scope of practice of the electrologist, such as an 3 individual with signs of infection or bleeding. 4 Section 25. Application. Applications for original 5 licenses shall be made to the Department in writing on forms 6 prescribed by the Department and shall be accompanied by the 7 required fee, which is not refundable. The application shall 8 require any information as, in the judgment of the 9 Department, will enable the Department to pass on the 10 qualifications of the applicant for a license. The 11 application shall include evidence of passage of an 12 examination recognized by the Department. 13 Section 30. Qualifications for licensure. A person shall 14 be qualified for licensure as an electrologist if that person 15 has met all of the following requirements: 16 (1) Has applied in writing on the prescribed forms 17 and has paid the required fees. 18 (2) Has not violated any of the provisions of 19 Section 75 of this Act or the rules promulgated under 20 this Act. The Department shall take into consideration 21 any felony conviction of the applicant, but a conviction 22 shall not operate as an absolute bar to licensure. 23 (3) Is at least 18 years of age. 24 (4) Has received his or her high school diploma or 25 equivalent. 26 (5) Has completed a total of 600 hours in the study 27 of electrology over a period of not less than 16 weeks 28 nor more than 2 consecutive years at a program approved 29 by the Department. 30 (6) Has successfully completed an examination 31 approved by the Department that tests the applicant's 32 knowledge of the theory and clinical practice of HB4255 Engrossed -4- LRB9212746ACsb 1 electrology. 2 Section 32. Social Security number on license 3 application. In addition to any other information required to 4 be contained in the application, every application for an 5 original, renewal, or restored license under this Act shall 6 include the applicant's social security number. 7 Section 33. Grandfather provision. For a period of 12 8 months after the filing of the original administrative rules 9 adopted under this Act, the Department may issue a license to 10 any individual who, in addition to meeting the requirements 11 set forth in paragraphs (1), (2), (3), and (4) of Section 30, 12 can document employment as an electrologist and has received 13 remuneration for practicing electrology for a period of 3 14 years and can show proof of one of the following: (i) current 15 board certification by a national electrology certifying body 16 approved by the Department; or (ii) completion of 75 17 continuing education units in electrology approved by the 18 Department. 19 Section 35. Powers and duties of the Department. 20 (a) The Department shall exercise the powers and duties 21 prescribed by the Civil Administrative Code of Illinois for 22 the administration of licensing Acts and shall exercise any 23 other powers and duties necessary for effectuating the 24 purposes of this Act. 25 (b) The Department may adopt rules consistent with the 26 provisions of this Act for its administration and enforcement 27 and may prescribe forms that shall be issued in connection 28 with this Act. The rules may include but are not limited to 29 standards and criteria for licensure, professional conduct, 30 and discipline. HB4255 Engrossed -5- LRB9212746ACsb 1 Section 40. Administrative Procedure Act. The Illinois 2 Administrative Procedure Act is hereby expressly adopted and 3 incorporated in this Act as if all of the provisions of the 4 Illinois Administrative Procedure Act where included in this 5 Act, except that the provision of paragraph (c) of Section 6 10-65 of the Illinois Administrative Procedure Act, which 7 provides that at hearings the licensee has the right to show 8 compliance with all lawful requirements for retention, 9 continuation, or renewal of the license, is specifically 10 excluded. For the purposes of this Act, the notice required 11 under Section 10-25 of the Illinois Administrative Procedure 12 Act is considered to be sufficient when mailed to the last 13 known address of the party. 14 Section 50. Issuance of license. Upon the satisfactory 15 completion of the application and examination procedures, and 16 compliance with the applicable rules of the Department, the 17 Department shall issue an electrologist license to the 18 qualifying applicant. 19 Section 55. Endorsement. Pursuant to the rules of the 20 Department, upon payment of the required fee, an applicant 21 who has been licensed in another state that has substantially 22 the same requirements as those required for licensure under 23 the provisions of this Act may be granted a license as an 24 electrologist. 25 Section 60. Renewal; armed service duty. The expiration 26 date and renewal period for each license issued under this 27 Act shall be set by rule. Renewal shall be conditioned on 28 paying the required fee and meeting other requirements as may 29 be established by rule. All renewal applicants shall provide 30 proof of having met the continuing education requirements 31 approved by the Department consisting of the equivalent of 30 HB4255 Engrossed -6- LRB9212746ACsb 1 continuing education units every 24 months. 2 Any electrologist who has permitted a license to expire 3 or who has a license on inactive status may have the license 4 restored by submitting an application to the Department, 5 filing proof acceptable to the Department of fitness to have 6 the license restored, and paying the required fees. Proof of 7 fitness may include sworn evidence certifying to active 8 lawful practice in another jurisdiction. 9 The Department shall determine, by an evaluation process 10 established by rule, a person's fitness for restoration of a 11 license and shall establish procedures and requirements for 12 restoration. 13 Any electrologist whose license expired while (i) on 14 active duty with the Armed Forces of the United States, or 15 the State Militia called into service or training, or (ii) in 16 training or education under the supervision of the United 17 States preliminary to induction into the military service, 18 may have the license restored without paying any lapsed 19 renewal fees if, within 2 years after honorable termination 20 of service, training or education, the licensee furnishes the 21 Department with satisfactory evidence to the effect that the 22 licensee has been so engaged and that the service, training, 23 or education has been so terminated. 24 Section 65. Inactive status. Any electrologist who 25 notifies the Department in writing on forms prescribed by the 26 Department may elect to place a license on inactive status 27 and shall, subject to rules of the Department, be excused 28 from payment of renewal fees until the Department is notified 29 in writing of the intention to restore the license. 30 An electrologist requesting restoration from inactive 31 status shall be required to pay the current renewal fee and 32 shall be required to follow procedures to restore the license 33 as provided in Section 60 of this Act. HB4255 Engrossed -7- LRB9212746ACsb 1 An electrologist whose license is on inactive status 2 shall not practice in the State of Illinois. 3 A licensee who engages in practice with a lapsed license 4 or a license on inactive status shall be considered to be 5 practicing without a license, which shall be grounds for 6 discipline under Section 75 of this Act. 7 Section 70. Fees. The Department, by rule, shall 8 establish fees to be imposed for a license application, 9 renewal of a license, restoration of a license other than 10 from inactive status, or for the issuance of a duplicate 11 license, replacement license, or a license that has been lost 12 or destroyed. All fees are non-refundable. 13 Section 75. Grounds for discipline. 14 (a) The Department may refuse to issue or renew and may 15 revoke or suspend a license under this Act, and may place on 16 probation, censure, reprimand, or take other disciplinary 17 action with regard to any licensee under this Act, as the 18 Department may consider proper, including the issuance of 19 fines not to exceed $5,000 for each violation, for one or any 20 combination of the following causes: 21 (1) Material misstatement in furnishing information 22 to the Department. 23 (2) Violation of this Act or its rules. 24 (3) Conviction of any felony under the laws of any 25 U.S. jurisdiction, any misdemeanor an essential element 26 of which is dishonesty, or any crime that is directly 27 related to the practice of the profession. 28 (4) Making any misrepresentation for the purpose of 29 obtaining a license. 30 (5) Aiding or assisting another person in violating 31 any provision of this Act or its rules. 32 (6) Failing to provide information within 60 days HB4255 Engrossed -8- LRB9212746ACsb 1 in response to a written request made by the Department. 2 (7) Engaging in dishonorable, unethical, or 3 unprofessional conduct of a character likely to deceive, 4 defraud, or harm the public. 5 (8) Habitual or excessive use or addiction to 6 alcohol, narcotics, stimulants, or any other chemical 7 agent or drug that results in an electrologist's 8 inability to practice with reasonable judgement, skill, 9 or safety. 10 (9) Discipline by another U.S. jurisdiction or 11 foreign nation if at least one of the grounds for 12 discipline is the same as or substantially equivalent to 13 any of those set forth in this Act. 14 (10) Directly or indirectly giving to or receiving 15 from any person, firm, corporation, partnership, or 16 association any fee, commission, rebate, or other form of 17 compensation for any professional services not actually 18 or personally rendered. 19 (11) A finding by the Department that the licensee, 20 after having his or her license placed on probationary 21 status, has violated the terms of probation. 22 (12) Abandonment of a patient. 23 (13) Willfully making or filing false records or 24 reports in the licensee's practice, including, but not 25 limited to, false records filed with State agencies or 26 departments. 27 (14) Physical illness, including, but not limited 28 to, deterioration through the aging process or loss of 29 motor skill that results in the inability to practice the 30 profession with reasonable judgment, skill, or safety. 31 (15) Gross malpractice resulting in permanent 32 injury or death of a patient. 33 (16) Use of fraud, deception, or any unlawful means 34 in applying for and securing a license as an HB4255 Engrossed -9- LRB9212746ACsb 1 electrologist. 2 (17) Immoral conduct in the commission of any act, 3 such as sexual abuse, sexual misconduct, or sexual 4 exploitation, related to the licensee's practice. 5 (18) Failure to comply with standards of 6 sterilization and sanitation as defined in the rules of 7 the Department. 8 (b) The Department may refuse to issue or renew or may 9 suspend the license of any person who fails to file a return, 10 to pay the tax, penalty or interest shown in a filed return, 11 or to pay any final assessment of the tax, penalty, or 12 interest as required by any tax Act administered by the 13 Illinois Department of Revenue until the requirements of the 14 tax Act are satisfied. 15 (c) The determination by a circuit court that a licensee 16 is subject to involuntary admission or judicial admission as 17 provided in the Mental Health and Developmental Disabilities 18 Code operates as an automatic suspension. The suspension 19 will end only upon a finding by a court that the patient is 20 no longer subject to involuntary admission or judicial 21 admission, the issuance of an order so finding and 22 discharging the patient, and the recommendation of the 23 Committee to the Director that the licensee be allowed to 24 resume his or her practice. 25 Section 80. Dishonored checks. A person who issues or 26 delivers a check or other order to the Department that is not 27 honored on 2 occasions by the financial institution upon 28 which it is drawn because of insufficient funds on account, 29 the account is closed, or a stop payment has been placed on 30 the check or order shall pay to the Department, in addition 31 to the amount owing upon the check or other order, a fee of 32 $50. If the check or other order was issued or delivered in 33 payment of a renewal fee, and the person whose license has HB4255 Engrossed -10- LRB9212746ACsb 1 lapsed continues to practice as an electrologist without 2 paying the renewal fee and the $50 fee required under this 3 Section, an additional fee of $100 shall be imposed. The 4 fees imposed by this Section are in addition to any other 5 penalties imposed by this Act for practice without a license. 6 The Department shall notify the person whose license has 7 lapsed, within 30 days after the discovery of the lapse, that 8 the individual is engaged in unauthorized practice as an 9 electrologist, and of the amount due to the Department, 10 including the lapsed renewal fee and all other fees required 11 by this Section. If, after the expiration of 30 days after 12 the date of notification, the person whose license has lapsed 13 seeks a current license, he or she must apply to the 14 Department for restoration of the license and pay all fees 15 due to the Department. The Department may establish a fee 16 for the processing of an application for restoration of a 17 license that allows the Department to pay all costs and 18 expenses incident to the processing of the application. The 19 Director may waive the fees due under this Section in 20 individual cases where he or she finds that the fees would be 21 unreasonable or unnecessarily burdensome. 22 Section 85. Violations; injunctions. 23 (a) If any person violates any provision of this Act, 24 the Director may, in the name of the People of the State of 25 Illinois through the Attorney General of the State of 26 Illinois or the State's Attorney of any county in which the 27 action is brought, petition for an order enjoining the 28 violation or for an order enforcing compliance with this Act. 29 Upon the filing of a verified petition in court, the court 30 may issue a temporary restraining order, without notice or 31 bond, and may preliminarily and permanently enjoin the 32 violation. If it is established that the person has violated 33 or is violating the injunction, the Court may punish the HB4255 Engrossed -11- LRB9212746ACsb 1 offender for contempt of court. Proceedings under this 2 Section shall be in addition to, and not in lieu of, all 3 other remedies and penalties provided by this Act. 4 (b) If a person practices as an electrologist or holds 5 himself or herself out as an electrologist without being 6 licensed under the provisions of this Act, then any licensed 7 electrologist, any interested party, or any person injured 8 thereby may, in addition to the Director, petition for relief 9 as provided in subsection (a) of this Section. 10 (c) Whenever, in the opinion of the Department, a person 11 violates any provision of this Act, the Department may issue 12 a rule to show cause why an order to cease and desist should 13 not be entered against that person. The rule shall clearly 14 set forth the grounds relied upon by the Department and shall 15 provide a period of 7 days after the date of the rule to file 16 an answer to the satisfaction of the Department. Failure to 17 answer to the satisfaction of the Department shall cause an 18 order to cease and desist to be issued immediately. 19 Section 90. Investigations; notice and hearing. 20 (a) The Department may investigate the actions of an 21 applicant or a person holding or claiming to hold a license. 22 (b) Before refusing to issue or renew a license or 23 disciplining a licensed electrologist, the Department shall 24 notify in writing the applicant or the licensee of the nature 25 of the charges and that a hearing will be held on the date 26 designated, which shall be at least 30 days after the date of 27 the notice. The Department shall direct the applicant or 28 licensee to file a written answer to the Department under 29 oath within 20 days after the service of the notice and 30 inform the applicant or licensee that failure to file an 31 answer will result in default being taken against the 32 applicant or licensee and that the license may be suspended, 33 revoked, placed on probationary status, or other disciplinary HB4255 Engrossed -12- LRB9212746ACsb 1 action may be taken, including limiting the scope, nature, or 2 extent of business as the Director may deem proper. Written 3 notice may be served by personal delivery or certified or 4 registered mail sent to the respondent at the most recent 5 address on record with the Department. 6 If the applicant or licensee fails to file an answer 7 after receiving notice, the license may, in the discretion of 8 the Department, be suspended, revoked, or placed on 9 probationary status, or the Department may take whatever 10 disciplinary action it deems proper including imposing a 11 civil penalty, without a hearing if the act or acts charged 12 constitute sufficient ground for such action under this Act. 13 At the time and place fixed in the notice, the Department 14 shall proceed to hear the charges, and the parties or their 15 counsel shall be accorded ample opportunity to present such 16 statements, testimony, evidence, and argument as may be 17 pertinent to the charges or to their defense. The Department 18 may continue a hearing from time to time. 19 Section 95. Stenographer; transcript. The Department, 20 at its expense, shall preserve a record of all proceedings at 21 the formal hearing of any case involving the refusal to issue 22 or renew a license or the discipline of a licensed 23 electrologist. The notice of hearing, complaint, and all 24 other documents in the nature of pleadings, written motions 25 filed in the proceedings, the transcript of testimony, the 26 report of the hearing officer, and the order of the 27 Department shall be the record of the proceeding. 28 Section 100. Required testimony. Upon application of 29 the Department or its designee, or of the person against whom 30 proceedings pursuant to Section 70 of this Act are pending, 31 any circuit court may enter an order requiring the 32 attendance of witnesses and their testimony, and the HB4255 Engrossed -13- LRB9212746ACsb 1 production of documents, paper, files, books, and records in 2 connection with any hearing or investigation. The court may 3 compel obedience to its order by proceedings for contempt. 4 Section 105. Subpoena power; oaths. The Department has 5 power to subpoena and bring before it any person in this 6 State and to take testimony either orally, by deposition, or 7 both, with the same fees and mileage and in the same manner 8 as prescribed by law in judicial proceedings in civil cases 9 in circuit courts of this State. 10 The Director and hearing officers may administer oaths to 11 witnesses at any hearing that the Department is authorized to 12 conduct under this Act and any other oaths required or 13 authorized to be administered by the Department. 14 Section 110. Findings and recommendations. At the 15 conclusion of the hearing, the hearing officer shall present 16 to the Director a written report of its findings and 17 recommendations. The report shall contain a finding of 18 whether or not the accused applicant or licensee violated 19 this Act or failed to comply with the conditions required in 20 this Act. The hearing officer shall specify the nature of 21 the violation or failure to comply, and shall make its 22 recommendations to the Director. 23 The report of the findings and recommendations of the 24 hearing officer shall be the basis for the Department's order 25 of refusal or for the granting of licensure unless the 26 Director determines that the hearing officer's report is 27 contrary to the manifest weight of the evidence, in which 28 case the Director may issue an order in contravention of the 29 hearing officer's report. The finding is not admissible in 30 evidence against the applicant or licensee in a criminal 31 prosecution brought for the violation of this Act, but the 32 hearing and finding are not a bar to a criminal prosecution HB4255 Engrossed -14- LRB9212746ACsb 1 brought for the violation of this Act. 2 Section 115. Hearing officer. The Director has the 3 authority to appoint an attorney duly licensed to practice 4 law in this State to serve as the hearing officer in an 5 action for refusal to issue or renew a license or for the 6 discipline of a licensed electrologist. The hearing officer 7 shall have full authority to conduct the hearing. The 8 hearing officer shall report his or her findings and 9 recommendations to the Director. 10 Section 120. Motion for rehearing. In any case 11 involving the refusal to issue or renew a license, or the 12 discipline of a licensee, a copy of the hearing officer's 13 report shall be served upon the respondent by the 14 Department, either personally or as provided in this Act for 15 the service of the notice of hearing. Within 20 days after 16 service, the respondent may present to the Department a 17 motion in writing for a rehearing which shall specify the 18 particular grounds for rehearing. If no motion for rehearing 19 is filed, then upon the expiration of the time specified for 20 filing a motion, or if a motion for rehearing is denied, then 21 upon denial, the Director may enter an order in accordance 22 with the recommendation of the hearing officer. If the 23 respondent orders from the reporting service, and pays for a 24 transcript of the record within the time for filing a motion 25 for rehearing, the 20-day period within which a motion may be 26 filed shall commence upon the delivery of the transcript to 27 the respondent. 28 Section 125. Rehearing on order of Director. Whenever 29 the Director is not satisfied that substantial justice has 30 been done in the revocation, suspension, or refusal to issue 31 or renew a license, the Director may order a rehearing. HB4255 Engrossed -15- LRB9212746ACsb 1 Section 130. Order or certified copy as prima facie 2 proof. An order or a certified copy thereof, over the seal 3 of the Department and purporting to be signed by the 4 Director, shall be prima facie proof: 5 (1) that the signature is the genuine signature of 6 the Director; and 7 (2) that the Director is duly appointed and 8 qualified. 9 This proof may be rebutted. 10 Section 135. License restoration. At any time after the 11 suspension or revocation of a license the Department may 12 restore it to the accused person, unless after an 13 investigation and a hearing the Department determines that 14 restoration is not in the public interest. 15 Section 140. Surrender of license. Upon the revocation 16 or suspension of any license, the licensee shall immediately 17 surrender the license to the Department, and if the licensee 18 fails to do so, the Department has the right to seize the 19 license. 20 Section 145. Temporary suspension. The Director may 21 temporarily suspend the license of an electrologist without a 22 hearing, simultaneously with the institution of proceedings 23 for a hearing under Section 90 of this Act, if the Director 24 finds that evidence in his or her possession indicates that 25 continuation in practice would constitute an imminent danger 26 to the public. In the event that the Director temporarily 27 suspends a license without a hearing, a hearing by the 28 Department must be held within 30 days after the suspension 29 has occurred, and concluded without appreciable delay. 30 Section 150. Administrative Review Law. All final HB4255 Engrossed -16- LRB9212746ACsb 1 administrative decisions of the Department are subject to 2 judicial review under the Administrative Review Law and its 3 rules. The term "administrative decision" is defined as in 4 Section 3-101 of the Code of Civil Procedure. 5 Proceedings for judicial review shall be commenced in the 6 circuit court of the county in which the party applying for 7 review resides. If the party is not a resident of this State, 8 venue shall be in Sangamon County. 9 Section 155. Certification of record. The Department 10 shall not be required to certify any record to the court, 11 file any answer in court, or otherwise appear in any court in 12 a judicial review proceeding unless there is filed in the 13 court, with the complaint, a receipt from the Department 14 acknowledging payment of the costs of furnishing and 15 certifying the record. Failure on the part of the plaintiff 16 to file a receipt in court is grounds for dismissal of the 17 action. 18 Section 160. Penalties. A person who is found to have 19 knowingly violated any provision of this Act is guilty of a 20 Class A misdemeanor. On conviction of a second or subsequent 21 offense the violator is guilty of a Class 4 felony. 22 Section 165. Deposit of fees and fines. All of the fees 23 and fines collected under this Act shall be deposited into 24 the General Professions Dedicated Fund. 25 Section 170. Home rule. The regulation and licensing of 26 electrologists are exclusive powers and functions of the 27 State. A home rule unit may not regulate or license 28 electrologists. This Section is a denial and limitation of 29 home rule powers and functions under subsection (h) of 30 Section 6 of Article VII of the Illinois Constitution. HB4255 Engrossed -17- LRB9212746ACsb 1 Section 900. The Regulatory Sunset Act is amended by 2 changing Section 4.24 as follows: 3 (5 ILCS 80/4.24) 4 Sec. 4.24. ActsActrepealed on January 1, 2014. The 5 following Acts areAct isrepealed on January 1, 2014: 6 The Electrologist Licensing Act. 7 The Illinois Public Accounting Act. 8 (Source: P.A. 92-457, eff. 8-21-01.) 9 Section 999. Effective date. This Act takes effect on 10 January 1, 2003.