Public Act 096-1076
 
SB2799 EnrolledLRB096 16272 ASK 31529 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 1-4, 
3-1, 3A-1, and 4-1 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    (Section scheduled to be repealed on January 1, 2016)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.

    "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. 94-451, eff. 12-31-05; 94-871, eff. 6-16-06.)

 



    (225 ILCS 410/3-1)  (from Ch. 111, par. 1703-1)



    (Section scheduled to be repealed on January 1, 2016)

    Sec. 3-1. Cosmetology defined. Any one or any combination 
of the
following practices constitutes the practice of 
cosmetology when done for
cosmetic or beautifying purposes and 
not for the treatment of disease or of
muscular or nervous 
disorder: arranging, braiding, dressing, cutting,
trimming,

curling, waving, chemical restructuring, shaping, singeing, 
bleaching,
coloring or similar work, upon the hair of the head 
or any cranial prosthesis; cutting or trimming
facial hair of 
any person; any practice of
manicuring, pedicuring, decorating 
nails, applying sculptured nails or
otherwise artificial nails 
by hand or with mechanical or electrical
apparatus or 
appliances, or in any way caring for the nails or the skin of

the hands or feet including massaging the hands, arms, elbows, 
feet, lower
legs, and knees of another
person for other than 
the treatment of medical disorders; any practice of epilation 
or
depilation of any person; any practice for the purpose of 
cleansing,
massaging or toning the skin of the scalp; 
beautifying, massaging,
cleansing, exfoliating, or stimulating

the stratum corneum of the epidermis by the use of cosmetic

preparations, body treatments, body wraps, the use of

hydrotherapy, or any device,
electrical, mechanical, or 
otherwise; applying make-up or
eyelashes to any person or 
lightening hair
on the body and removing superfluous hair from 
the body of any person by
the use of depilatories, waxing, 
threading, or tweezers.  The term "cosmetology" does
not include  
the services provided by an electrologist.  Nail technology is

the practice and the study of cosmetology only to the
extent of 
manicuring, pedicuring, decorating, and applying sculptured or

otherwise artificial nails, or in any way caring for the nail 
or the skin of
the hands or feet including massaging the hands, 
arms, elbows, feet, lower
legs,
and knees.
Cosmetologists are 
prohibited from using any technique, product, or practice 
intended to affect the living layers of the skin.  The term 
cosmetology includes
rendering advice on what is cosmetically 
appealing, but no person licensed
under this Act shall render 
advice on what is appropriate medical treatment
for diseases of 
the skin.  Purveyors of cosmetics may demonstrate such cosmetic

products in conjunction with any sales promotion and shall not 
be
required to hold a license under this Act.
Nothing in this 
Act shall be construed to prohibit the shampooing of hair
by 
persons employed for that purpose and who perform that task

under the direct supervision of a licensed cosmetologist or 
licensed
cosmetology teacher.

(Source: P.A. 94-451, eff. 12-31-05.)

 



    (225 ILCS 410/3A-1)  (from Ch. 111, par. 1703A-1)



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

    Sec. 3A-1. Esthetics defined. 

    (A) Any one or combination of the
following practices, when 
done for cosmetic or beautifying purposes and not for the 
treatment of disease or of a muscular or nervous disorder,


constitutes the practice of esthetics:


        1. Beautifying, massaging, cleansing, exfoliating, or 
    stimulating the stratum corneum of
the epidermis

by the use 
    of cosmetic preparations, body
treatments, body wraps, 
    hydrotherapy,
 or any device, electrical, mechanical, or

    otherwise, for the care of the skin;


        2. Applying make-up or eyelashes to any person or 
    lightening hair on the body except the scalp; and


        3. Removing superfluous hair from the body of any 
    person.

    However, esthetics does not include the services
provided 
by a cosmetologist or electrologist. Estheticians are 
prohibited
from using techniques, products, and practices 
intended to affect the living layers of the skin.  The term 
esthetics includes rendering advice on what is
cosmetically 
appealing, but no person licensed under this Act shall render

advice on what is appropriate medical treatment for diseases of 
the skin.

    (B)
"Esthetician" means any person who, with hands or 
mechanical or
electrical apparatus or appliances, engages only 
in the use of cosmetic
preparations, body treatments, body 
wraps, hydrotherapy, makeups,
antiseptics, tonics, lotions, 
creams or
other preparations or in the practice of massaging, 
cleansing, exfoliating
the stratum corneum of the epidermis,

stimulating,
manipulating, beautifying, grooming, threading, 
or similar work on the
face, neck, arms and hands or body in a 
superficial mode, and not for
the treatment of medical 
disorders.

(Source: P.A. 94-451, eff. 12-31-05.)

 



    (225 ILCS 410/4-1)  (from Ch. 111, par. 1704-1)



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

    Sec. 4-1. Powers and duties of Department. The Department 
shall
exercise, subject to the provisions of this Act, the 
following functions,
powers and duties:

        (1) To cause to be conducted examinations to ascertain 
    the
qualifications and fitness of applicants for licensure 
    as
cosmetologists, estheticians, nail technicians, or 
    barbers and as
cosmetology, esthetics, nail technology, or 
    barbering teachers.

        (2) To determine the qualifications for licensure as a

    cosmetologist,
esthetician, nail technician, or barber or 
    cosmetology, esthetics, nail
technology, or barber teacher 
    or cosmetology, esthetics, or nail technology
clinic 
    teachers for persons currently licensed as
cosmetologists, 
    estheticians, nail technicians, or barbers or cosmetology,

    esthetics, nail technology, or barber teachers or 
    cosmetology, esthetics, or
nail technology clinic teachers

    outside the State of
Illinois or the continental U.S.

        (3) To prescribe rules for:


            (i) The method of examination of candidates for 
        licensure as a
cosmetologist, esthetician, nail 
        technician, or barber or cosmetology,
esthetics, nail 
        technology, or barbering teacher.


            (ii) Minimum standards as to what constitutes an 
        approved
school of cosmetology, esthetics, nail 
        technology, or barbering.

        (4) To conduct investigations or hearings on 
    proceedings to
determine
disciplinary action.

        (5) To prescribe reasonable rules governing the 
    sanitary
regulation
and inspection of cosmetology, 
    esthetics, nail technology, or barbering
schools, salons, 
    or shops.

        (6) To prescribe reasonable rules for the method of 
    renewal for each license
as a cosmetologist, esthetician, 
    nail technician,
or barber or cosmetology, esthetics, nail 
    technology, or
barbering teacher or cosmetology, 
    esthetics, or nail technology clinic
teacher.

        (7) To prescribe reasonable rules for the method of

    registration, the
issuance, fees, renewal and discipline 
    of a certificate of registration for the
ownership or 
    operation of cosmetology, esthetics, and nail technology 
    salons
and barber shops.

        (8) To adopt rules concerning sanitation requirements, 
    requirements for education on sanitation, and any other 
    health concerns associated with threading. 
(Source: P.A. 94-451, eff. 12-31-05.)

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