Illinois General Assembly - Full Text of Public Act 094-0871
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Public Act 094-0871


 

Public Act 0871 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0871
 
SB2511 Enrolled LRB094 18786 RAS 54191 b

    AN ACT concerning 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 1-4, 1-7
and 2-4 as follows:
 
    (225 ILCS 410/1-4)  (from Ch. 111, par. 1701-4)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 1-4. Definitions. In this Act the following words
shall have the following meanings:
    "Board" means the Barber, Cosmetology, Esthetics, and Nail
Technology Board.
    "Department" means the Department of Professional
Regulation.
    "Director" means the Director of Professional Regulation.
    "Licensed barber" means an individual licensed by the
Department to practice barbering as defined in this Act and
whose license is in good standing.
    "Licensed barber clinic teacher" means an individual
licensed by the Department to practice barbering, as defined in
this Act, and to provide clinical instruction in the practice
of barbering in an approved school of barbering.
    "Licensed cosmetologist" means an individual licensed by
the Department to practice cosmetology, nail technology, and
esthetics as defined in this Act and whose license is in good
standing.
    "Licensed esthetician" means an individual licensed by the
Department to practice esthetics as defined in this Act and
whose license is in good standing.
    "Licensed nail technician" means any individual licensed
by the Department to practice nail technology as defined in
this Act and whose license is in good standing.
    "Licensed barber teacher" means an individual licensed by
the Department to practice barbering as defined in this Act and
to provide instruction in the theory and practice of barbering
to students in an approved barber school.
    "Licensed cosmetology teacher" means an individual
licensed by the Department to practice cosmetology, esthetics,
and nail technology as defined in this Act and to provide
instruction in the theory and practice of cosmetology,
esthetics, and nail technology to students in an approved
cosmetology, esthetics, or nail technology school.
    "Licensed cosmetology clinic teacher" means an individual
licensed by the Department to practice cosmetology, esthetics,
and nail technology as defined in this Act and to provide
clinical instruction in the practice of cosmetology,
esthetics, and nail technology in an approved school of
cosmetology, esthetics, or nail technology.
    "Licensed esthetics teacher" means an individual licensed
by the Department to practice esthetics as defined in this Act
and to provide instruction in the theory and practice of
esthetics to students in an approved cosmetology or esthetics
school.
    "Licensed esthetics clinic teacher" means an individual
licensed by the Department to practice esthetics as defined in
this Act and to provide clinical instruction in the practice of
esthetics in an approved school of cosmetology or an approved
school of esthetics.
    "Licensed nail technology teacher" means an individual
licensed by the Department to practice nail technology and to
provide instruction in the theory and practice of nail
technology to students in an approved nail technology school or
cosmetology school.
    "Licensed nail technology clinic teacher" means an
individual licensed by the Department to practice nail
technology as defined in this Act and to provide clinical
instruction in the practice of nail technology in an approved
school of cosmetology or an approved school of nail technology.
    "Enrollment" is the date upon which the student signs an
enrollment agreement or student contract.
    "Enrollment agreement" or "student contract" is any
agreement, instrument, or contract however named, which
creates or evidences an obligation binding a student to
purchase a course of instruction from a school.
    "Enrollment time" means the maximum number of hours a
student could have attended class, whether or not the student
did in fact attend all those hours.
    "Elapsed enrollment time" means the enrollment time
elapsed between the actual starting date and the date of the
student's last day of physical attendance in the school.
(Source: P.A. 94-451, eff. 12-31-05.)
 
    (225 ILCS 410/1-7)  (from Ch. 111, par. 1701-7)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 1-7. Licensure required; renewal.
    (a) It is unlawful for any person to practice, or to hold
himself or herself out to be a cosmetologist, esthetician, nail
technician, or barber without a license as a cosmetologist,
esthetician, nail technician, or barber issued by the
Department of Professional Regulation pursuant to the
provisions of this Act and of the Civil Administrative Code of
Illinois. It is also unlawful for any person, firm,
partnership, or corporation to own, operate, or conduct a
cosmetology, esthetics, nail technology, or barber school
without a license issued by the Department or to own or operate
a cosmetology, esthetics, or nail technology salon or barber
shop without a certificate of registration issued by the
Department. It is further unlawful for any person to teach in
any cosmetology, esthetics, nail technology, or barber college
or school approved by the Department or hold himself or herself
out as a cosmetology, esthetics, nail technology, or barber
teacher without a license as a teacher, issued by the
Department or as a barber clinic teacher or cosmetology,
esthetics, or nail technology clinic teacher without a license
as a clinic teacher issued by the Department.
    (b) Notwithstanding any other provision of this Act, a
person licensed as a cosmetologist may hold himself or herself
out as an esthetician and may engage in the practice of
esthetics, as defined in this Act, without being licensed as an
esthetician. A person licensed as a cosmetology teacher may
teach esthetics or hold himself or herself out as an esthetics
teacher without being licensed as an esthetics teacher. A
person licensed as a cosmetologist may hold himself or herself
out as a nail technician and may engage in the practice of nail
technology, as defined in this Act, without being licensed as a
nail technician. A person licensed as a cosmetology teacher may
teach nail technology and hold himself or herself out as a nail
technology teacher without being licensed as a nail technology
teacher.
    (c) A person licensed as a barber teacher may hold himself
or herself out as a barber and may practice barbering without a
license as a barber. A person licensed as a cosmetology teacher
may hold himself or herself out as a cosmetologist,
esthetician, and nail technologist and may practice
cosmetology, esthetics, and nail technology without a license
as a cosmetologist, esthetician, or nail technologist. A person
licensed as an esthetics teacher may hold himself or herself
out as an esthetician without being licensed as an esthetician
and may practice esthetics. A person licensed as a nail
technician teacher may practice nail technology and may hold
himself or herself out as a nail technologist without being
licensed as a nail technologist.
    (d) The holder of a license issued under this Act may renew
that license during the month preceding the expiration date of
the license by paying the required fee.
(Source: P.A. 94-451, eff. 12-31-05.)
 
    (225 ILCS 410/2-4)  (from Ch. 111, par. 1702-4)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2-4. Licensure as a barber teacher; qualifications.
    (1) A person is qualified to receive a license as a barber
teacher if that person files an application on forms provided
by the Department, pays the required fee, and:
        a. Is at least 18 years of age;
        b. Has graduated from high school or its equivalent;
        c. Has a current license as a barber;
        d. Has graduated from a barber school approved by the
    Department having either:
            (1) completed a total of 500 hours in barber
        teacher training extending over a period of not less
        than 3 months nor more than 2 years and has had 3 years
        of practical experience as a licensed barber; or
            (2) completed a total of 1,000 hours of barber
        teacher training extending over a period of not less
        than 6 months nor more than 2 years; and
        e. Has passed an examination authorized by the
    Department to determine fitness to receive a license as a
    barber teacher; and
        f. Has met any other requirements set forth in this
    Act.
        An applicant who is issued a license as a Barber
    Teacher is not required to maintain a barber license in
    order to practice barbering as defined in this Act.
    (2) A person is qualified to receive a license as a barber
clinic teacher if he or she has applied in writing on forms
provided by the Department, has paid the required fees, and:
        (A) is at least 18 years of age;
        (B) has graduated from high school or its equivalent;
        (C) has a current license as a barber;
        (D) has (i) completed a program of 250 hours of clinic
    teacher training in a licensed school of barbering or (ii)
    within 5 years preceding the required examination, has
    obtained a minimum of 2 years of practical experience
    working at least 30 full-time hours per week as a licensed
    barber and has completed an instructor's institute of 20
    hours, as prescribed by the Department, prior to submitting
    an application for examination;
        (E) has passed an examination authorized by the
    Department to determine eligibility to receive a license as
    a barber teacher; and
        (F) has met any other requirements of this Act.
    The Department shall not issue any new barber clinic
teacher licenses after January 1, 2009. Any person issued a
license as a barber clinic teacher before January 1, 2009, may
renew the license after that date under this Act and that
person may continue to renew the license or have the license
restored during his or her lifetime, subject only to the
renewal or restoration requirements for the license under this
Act; however, such licensee and license shall remain subject to
the provisions of this Act, including, but not limited to,
provisions concerning renewal, restoration, fees, continuing
education, discipline, administration, and enforcement.
(Source: P.A. 89-387, eff. 1-1-96.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/16/2006