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    (Section scheduled to be repealed on January 1, 2016)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