Public Act 097-0777
 
HB4076 EnrolledLRB097 14435 CEL 59274 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, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing Sections 1-4, 2-2, 2-4, and 2A-1 and by adding Section
2-9 as follows:
 
    (225 ILCS 410/1-4)
    (Section scheduled to be repealed on January 1, 2016)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 Financial and
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 hair braider" means any individual licensed by
the Department to practice hair braiding as defined in Section
3E-1 and whose license is in good standing.
    "Licensed hair braiding teacher" means an individual
licensed by the Department to practice hair braiding and to
provide instruction in the theory and practice of hair braiding
to students in an approved cosmetology school.
    "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.
    "School" means an institution of higher education that
meets the requirements of 34 CFR 600.9.
    "Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
    "Threading" means any technique that results in the removal
of superfluous hair from the body by twisting thread around
unwanted hair and then pulling it from the skin; and may also
include the incidental trimming of eyebrow hair.
(Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11;
97-333, eff. 8-12-11.)
 
    (225 ILCS 410/2-2)  (from Ch. 111, par. 1702-2)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2-2. Licensure as a barber; qualifications. A person
is qualified to receive a license as a barber if that person
has applied in writing on forms prescribed by the Department,
has paid the required fees, and:
    a. Is at least 16 years of age; and
    b. Has a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a
certificate, or persons who are beyond the age of compulsory
school attendance; and
    c. Has graduated from a school of barbering or school of
cosmetology approved by the Department, having completed a
total of 1500 hours in the study of barbering extending over a
period of not less than 9 months nor more than 3 years. A
school of barbering may, at its discretion, consistent with the
rules of the Department, accept up to 500 hours of cosmetology
school training at a recognized cosmetology school toward the
1500 hour course requirement of barbering. 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 caused to be conducted by the
Department or its designated testing service to determine
fitness to receive a license as a barber; and
    e. Has met all other requirements of this Act.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
 
    (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 or cosmetologist;
        d. Has graduated from a barber school or school of
    cosmetology 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; or and
            (3) completed the cosmetology teacher training as
        specified in paragraph (4) of subsection (a) of Section
        3-4 of this Act; and
        e. Has passed an examination authorized by the
    Department to determine fitness to receive a license as a
    barber teacher or a cosmetology 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. 94-871, eff. 6-16-06.)
 
    (225 ILCS 410/2-9 new)
    Sec. 2-9. Degree in barbering at a cosmetology school. A
school of cosmetology may offer a degree in barbering, as
defined by this Act, provided that the school of cosmetology
complies with subsections (c), (d), and (e) of Section 2-2 of
this Act; utilizes barber teachers properly licensed under
paragraph (1) of Section 2-4 of this Act; and complies with
Sections 2A-7 and 3B-10 of this Act.
 
    (225 ILCS 410/2A-1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2A-1. Application. The provisions of this Article IIA
are applicable only to barber or cosmetology schools regulated
under this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/13/2012