HB3460 104TH GENERAL ASSEMBLY

LRB104 10369 AAS 20444 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3460

Introduced 2/18/2025, by Rep. Michael Crawford - Lisa Davis

SYNOPSIS AS INTRODUCED:

225 ILCS 410/1-4
225 ILCS 410/1-7.5
225 ILCS 410/1-14 new
225 ILCS 410/2-2	from Ch. 111, par. 1702-2
225 ILCS 410/4-1

Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that all apprentices shall be employed under an apprenticeship agreement between the sponsoring salon or shop and the apprentice that is approved by the Department of Labor. Provides requirements for the completion of an apprenticeship program, including training hours and supplemental instruction. Provides that an apprentice shall only provide licensed services under the supervision of a cosmetologist, barber, esthetician, or nail technician with an active license and for the scope of services for which the supervising licensed professional is licensed to practice. Requires apprentices to be trained in all branches of practical work and related supplemental instruction for the scope of practice for the license the apprentice seeks to obtain. Defines "apprentice". Provides that a person is qualified for a license as a barber if the person has graduated from a school of barbering or school of cosmetology approved by the Department of Financial and Professional Regulation or completed an apprenticeship under the Act (rather than only if the person has graduated from a school). Provides that the Department shall prescribe reasonable rules for the registration of apprentices.

A BILL FOR

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, 1-7.5, 2-2, and 4-1 and by adding Section 1-14 as follows:

(225 ILCS 410/1-4)

(Section scheduled to be repealed on January 1, 2026)

Sec. 1-4. Definitions. In this Act the following words shall have the following meanings:

"Address of record" means the designated address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.

"Apprentice" means a person registered with the Board who is participating in a apprenticeship program registered with the United States Department of Labor under Section 2-3.175 of the School Code to obtain a license to practice as a cosmetologist, barber, esthetician, or nail technician in a licensed shop or salon and who practices or assists in providing services within the scope of practice for the license the person seeks to obtain.

"Board" means the Barber, Cosmetology, Esthetics, Hair Braiding, 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 cosmetologist" means an individual licensed by the Department to practice cosmetology, nail technology, hair braiding, 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 an 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, hair braiding, and nail technology as defined in this Act and to provide instruction in the theory and practice of cosmetology, esthetics, hair braiding, and nail technology to students in an approved cosmetology, esthetics, hair braiding, or nail technology school.

"Licensed cosmetology clinic teacher" means an individual licensed by the Department to practice cosmetology, esthetics, hair braiding, and nail technology as defined in this Act and to provide clinical instruction in the practice of cosmetology, esthetics, hair braiding, and nail technology in an approved school of cosmetology, esthetics, hair braiding, 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 hair braider" means an individual licensed by the Department to practice hair braiding as defined in this Act 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 or hair braiding 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 or cosmetology school.

"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.

"Mobile shop or salon" means a self-contained facility that may be moved, towed, or transported from one location to another and in which barbering, cosmetology, esthetics, hair braiding, or nail technology is practiced.

"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. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)

(225 ILCS 410/1-7.5)

(Section scheduled to be repealed on January 1, 2026)

Sec. 1-7.5. Unlicensed practice; violation; civil penalty.

(a) Except for a person who is an apprentice, any Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice barbering, cosmetology, esthetics, hair braiding, or nail technology without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding disciplining a licensee.

(b) The Department has the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

(Source: P.A. 96-1246, eff. 1-1-11.)

(225 ILCS 410/1-14 new)

Sec. 1-14. Apprenticeship.

(a) All apprentices shall be employed under an apprenticeship agreement between the sponsoring salon or shop and the apprentice that is approved by the Department of Labor. All apprenticeships are governed by the requirements of Section 2-3.175 of the School Code and the requirements of this Section.

(b) Apprentices for cosmetology or barbering shall receive from a licensed salon at least 2,250 hours of practical training, including 180 training hours of related supplemental instruction, to complete the apprenticeship program and be eligible to take the examination for a cosmetologist license.

(c) Apprentices for an esthetician or nail technician license shall receive from a licensed salon at least 2,000 hours of practical training, including 144 training hours of related supplemental instruction, to complete the apprenticeship program and be eligible to take the examination for an esthetician or nail technician license.

(d) An apprentice under this Section shall only provide services under the supervision of a cosmetologist, barber, esthetician, or nail technician with an active license and within the scope of services for which the supervising licensed professional is licensed to practice.

(e) Apprentices shall be trained in all branches of practical work and related supplemental instruction for the scope of practice for the license the apprentice seeks to obtain.

(225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)

(Section scheduled to be repealed on January 1, 2026)

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, or has completed an apprenticeship program under Section 1-14. A school of barbering may, at its discretion, consistent with the rules of the Department, accept up to 1,000 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. 99-427, eff. 8-21-15.)

(225 ILCS 410/4-1)

(Section scheduled to be repealed on January 1, 2026)

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, hair braiders, or barbers and as cosmetology, esthetics, nail technology, hair braiding, or barber teachers.

(2) To determine the qualifications for licensure as (i) a cosmetologist, esthetician, nail technician, hair braider, or barber, or (ii) a cosmetology, esthetics, nail technology, hair braiding, or barber teacher, or (iii) a cosmetology clinic teacher for persons currently holding similar licenses 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, hair braider, or barber or cosmetology, esthetics, nail technology, hair braiding, or barber teacher.

(ii) Minimum standards as to what constitutes an approved cosmetology, esthetics, nail technology, hair braiding, or barber school.

(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, hair braiding, or barber schools, salons, or shops.

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

(9) To register apprentices participating in apprenticeships registered with the United States Department of Labor.

(10) To prescribe reasonable rules related to the registration of apprentices.

(Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15.)