Public Act 93-0253

HB0468 Enrolled                      LRB093 04022 AMC 04061 b

    AN ACT concerning professional regulation.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 is amended by  changing  Sections  3-2
and 4-2 as follows:

    (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 3-2. Licensure; qualifications.
    (1)  A  person  is  qualified  to  receive a license as a
cosmetologist who has filed an application on forms  provided
by the Department, pays the required fees, and:
         a.  Is at least l6 years of age; and
         b.  Has  graduated  from  an eighth grade elementary
    school, or its equivalent; and
         c.  Has  graduated  from  a  school  of  cosmetology
    approved by the Department, having  completed  a  program
    total of l500 hours in the study of cosmetology extending
    over  a  period of not less than 8 months nor more than 7
    consecutive years.  A school of cosmetology may,  at  its
    discretion, consistent with  the rules of the Department,
    accept  up  to  500 hours of barber  school training at a
    recognized barber school toward  the  l500  hour  program
    requirement  of  cosmetology.  Time  spent  in such study
    under the laws of  another  state  or  territory  of  the
    United  States  or of a foreign country or province shall
    be credited  toward the period of study required  by  the
    provisions of this paragraph; and
         d.  Has  passed  an  examination  authorized  by the
    Department to determine fitness to receive a license as a
    cosmetologist. The requirements for remedial training set
    forth in Section 3-6 of this Act may be waived  in  whole
    or in part by the Department upon proof to the Department
    that  the  applicant has demonstrated competence to again
    sit for the examination.  The Department shall promulgate
    rules  establishing   the   standards   by   which   such
    determination shall be made; and
         e.  Has met any other requirements of this Act.
    (2)  If   the  applicant  applies  for  a  license  as  a
cosmetologist on September 1, 2000 or September 2, 2000,  the
Department  may  accept  a  verified  10 years of cosmetology
experience, which may include esthetics  or  nail  technology
experience,  before  July 1, 2000 in lieu of the requirements
in items c and d of subsection (1) of this Section.
(Source: P.A. 91-863, eff. 7-1-00.)

    (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 4-2.  The Barber, Cosmetology, Esthetics,  and  Nail
Technology   Committee.   There  is  established  within  the
Department  the  Barber,  Cosmetology,  Esthetics,  and  Nail
Technology Committee, composed of 11 persons designated  from
time  to  time  by the Director to advise the Director in all
matters related to the practice  of  barbering,  cosmetology,
esthetics, and nail technology.
    The  11  members  of  the Committee shall be appointed as
follows: 6  licensed  cosmetologists,  all  of  whom  hold  a
current  license  as  a  cosmetologist or cosmetology teacher
and, for appointments made after the effective date  of  this
amendatory  Act of 1996, at least 2 of whom shall be an owner
of or a major stockholder in a school of cosmetology, one  of
whom shall be a representative of a franchiser with 5 or more
locations   within   the  State,  one  of  whom  shall  be  a
representative of an owner operating  salons  in  5  or  more
locations   within  the  State,  one  of  whom  shall  be  an
independent salon owner, and  no  one  of  the  cosmetologist
members  shall be a manufacturer, jobber, or stockholder in a
factory of cosmetology articles or an immediate family member
of any of the above; 2 of whom shall  be  barbers  holding  a
current   license;   one  member  who  shall  be  a  licensed
esthetician or esthetics teacher; one member who shall  be  a
licensed  nail technician or nail technology teacher; and one
public member who holds no licenses issued by the Department.
The Director shall give due consideration for  membership  to
recommendations  by  members  of the professions and by their
professional organizations.  Members shall serve 4 year terms
and until their successors are appointed and  qualified.   No
member  shall be reappointed to the Committee for more than 2
terms.  Appointments to fill vacancies shall be made  in  the
same  manner  as  original  appointments  for  the  unexpired
portion  of  the  vacated term.   Members of the Committee in
office on the effective date of this amendatory Act  of  1996
shall  continue  to  serve  for  the duration of the terms to
which  they  have  been  appointed,  but  beginning  on  that
effective date all appointments  of  licensed  cosmetologists
and  barbers  to  serve  as members of the Committee shall be
made in a manner that will effect at  the  earliest  possible
date  the  changes made by this amendatory Act of 1996 in the
representative composition of the Committee.
    A  majority   of   Committee   members   then   appointed
constitutes  a  quorum.  A majority of the quorum is required
for a Committee decision.
    Whenever  the  Director  is  satisfied  that  substantial
justice has not been done in an examination, the Director may
order a reexamination by the same or other examiners.
(Source: P.A. 89-387,  eff.  1-1-96;  89-706,  eff.  1-31-97;
90-580, eff. 5-21-98.)

    Section  10.   The Electrologist Licensing Act is amended
by changing Section 33 as follows:

    (225 ILCS 412/33)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 33.  Grandfather  provision.  For  a  period  of  12
months  after the filing of the original administrative rules
adopted under this Act, the Department may issue a license to
any individual who, in addition to meeting  the  requirements
set forth in paragraphs (1), (2), (3), and (4) of Section 30,
can  document employment as an electrologist and has received
remuneration for practicing electrology for  a  period  of  3
years and can show proof of one of the following: (i) current
board certification by a national electrology certifying body
approved  by  the  Department;  or  (ii)  completion of 30 75
continuing education units in  electrology  approved  by  the
Department.
(Source: P.A. 92-750, eff. 1-1-03.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.