|
|
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(Section scheduled to be repealed on January 1, 2016)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.
|