| ||||
| Public Act 096-1076 | ||||
| ||||
| ||||
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(Section scheduled to be repealed on January 1, 2016)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.
| ||