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91_HB1157ham001
LRB9103256LDmbam01
1 AMENDMENT TO HOUSE BILL 1157
2 AMENDMENT NO. . Amend House Bill 1157 by replacing
3 the title with the following:
4 "AN ACT to amend the Barber, Cosmetology, Esthetics, and
5 Nail Technology Act of 1985 by changing Sections 3-2, 3-4,
6 3-6, 3A-2, 3A-3, 3A-5, 3C-3, and 3C-7."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Barber, Cosmetology, Esthetics, and Nail
10 Technology Act of 1985 is amended by changing Sections 3-2,
11 3-4, 3-6, 3A-2, 3A-3, 3A-5, 3C-3, and 3C-7 as follows:
12 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
13 Sec. 3-2. Licensure; qualifications. A person is
14 qualified to receive a license as a cosmetologist who has
15 filed an application on forms provided by the Department,
16 pays the required fees, and:
17 a. Is at least l6 years of age; and
18 b. Has graduated from an eighth grade elementary school,
19 or its equivalent; and
20 c. Has graduated from a school of cosmetology approved
21 by the Department, having completed a program total of l500
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1 hours in the study of cosmetology extending over a period of
2 not less than 8 months nor more than 7 consecutive years. A
3 school of cosmetology may, at its discretion, consistent with
4 the rules of the Department, accept up to 500 hours of barber
5 school training at a recognized barber school toward the l500
6 hour program course requirement of cosmetology. Time spent in
7 such study under the laws of another state or territory of
8 the United States or of a foreign country or province shall
9 be credited toward the period of study required by the
10 provisions of this paragraph; and
11 d. Has passed an examination authorized by the
12 Department to determine fitness to receive a license as a
13 cosmetologist. The requirements for remedial training set
14 forth in Section 3-6 of this Act may be waived in whole or in
15 part by the Department upon proof to the Department that the
16 applicant has demonstrated competence to again sit for the
17 examination. The Department shall promulgate rules
18 establishing the standards by which such determination shall
19 be made; and
20 e. Has met any other requirements of this Act.
21 (Source: P.A. 89-387, eff. 1-1-96.)
22 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
23 Sec. 3-4. Licensure as cosmetology teacher or cosmetology
24 clinic teacher; qualifications.
25 (a) A person is qualified to receive license as a
26 cosmetology teacher if that person has applied in writing on
27 forms provided by the Department, has paid the required fees,
28 and:
29 (1) is at least 18 years of age;
30 (2) has graduated from high school or its
31 equivalent;
32 (3) has a current license as a cosmetologist;
33 (4) has either: (i) completed a program of 500
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1 hours of teacher training in a licensed school of
2 cosmetology and had 2 years of practical experience as a
3 licensed cosmetologist within 5 years preceding the
4 examination; or (ii) completed a program of 1,000 1000
5 hours of teacher training in a licensed school of
6 cosmetology; and
7 (5) has passed an examination authorized by the
8 Department to determine fitness to receive a license as a
9 cosmetology teacher; and
10 (6) has met any other requirements of this Act.
11 A cosmetology teacher who teaches esthetics, in order to
12 be licensed, shall demonstrate, to the satisfaction of the
13 Department, current skills in the use of machines used in the
14 practice of esthetics.
15 An individual who receives a license as a cosmetology
16 teacher shall not be required to maintain an active
17 cosmetology license in order to practice cosmetology as
18 defined in this Act.
19 (b) A person is qualified to receive a license as a
20 cosmetology clinic teacher if he or she has applied in
21 writing on forms provided by the Department, has paid the
22 required fees, and:
23 (1) is at least 18 years of age;
24 (2) has graduated from high school or its
25 equivalent;
26 (3) has a current license as a cosmetologist;
27 (4) has completed a program of 250 hours of clinic
28 teacher training in a licensed school of cosmetology and
29 has 2 years of practical experience as a licensed
30 cosmetologist within 5 years preceding the examination;
31 (5) has passed an examination authorized by the
32 Department to determine fitness to receive a license as a
33 cosmetology teacher; and
34 (6) has met any other requirements of this Act.
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1 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97;
2 revised 10-31-98.)
3 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
4 Sec. 3-6. Examination. The Department shall authorize
5 examinations of applicants for licensure as cosmetologists,
6 teachers of cosmetology at the times and places it may
7 determine. If an applicant for licensure as a cosmetologist
8 fails to pass 3 examinations conducted by the Department, the
9 applicant shall, before taking a subsequent examination,
10 furnish evidence of not less than 250 hours of additional
11 study of cosmetology in an approved school of cosmetology
12 since the applicant last took the examination. If an
13 applicant for licensure as a cosmetology teacher fails to
14 pass 3 examinations conducted by the Department, the
15 applicant shall, before taking a subsequent examination,
16 furnish evidence of not less than 80 hours of additional
17 study in teaching methodology and educational psychology in
18 an approved school of cosmetology since the applicant last
19 took the examination. An applicant who fails to pass the
20 fourth examination shall not again be admitted to an
21 examination unless: (i) in the case of an applicant for
22 licensure as a cosmetologist, the applicant again takes and
23 completes a program total of 1500 hours in the study of
24 cosmetology in an approved school of cosmetology extending
25 over a period that commences after the applicant fails to
26 pass the fourth examination and that is not less than 8
27 months nor more than 7 consecutive years in duration; (ii) in
28 the case of an applicant for licensure as a cosmetology
29 teacher, the applicant again takes and completes a program
30 total of 1000 hours of teacher training in an approved school
31 of cosmetology, except that if the applicant had 2 years of
32 practical experience as a licensed cosmetologist within the 5
33 years preceding the initial examination taken by the
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1 applicant, the applicant must again take and complete a
2 program of 500 hours of teacher training in an approved
3 school of cosmetology, esthetics, or nail technology; or
4 (iii) in the case of an applicant for licensure as a
5 cosmetology clinic teacher, the applicant again takes and
6 completes a program total of 250 hours of clinic teacher
7 training in a licensed school of cosmetology. Each
8 cosmetology applicant shall be given a written examination
9 testing both theoretical and practical knowledge, which shall
10 include, but not be limited to, questions that determine the
11 applicant's knowledge of product chemistry, sanitary rules,
12 sanitary procedures, chemical service procedures, hazardous
13 chemicals and exposure minimization, knowledge of the anatomy
14 of the skin, scalp, and hair as they relate to applicable
15 services under this Act and labor and compensation laws.
16 The examination of applicants for licensure as a
17 cosmetology, esthetics, or nail technology teacher may
18 include all of the elements of the exam for licensure as a
19 cosmetologist, esthetician, or nail technician and also
20 include teaching methodology, classroom management, record
21 keeping, and any other related subjects that the Department
22 in its discretion may deem necessary to insure competent
23 performance.
24 This Act does not prohibit the practice of cosmetology by
25 one who has applied in writing to the Department, in form and
26 substance satisfactory to the Department, for a license as a
27 cosmetologist, or the teaching of cosmetology by one who has
28 applied in writing to the Department, in form and substance
29 satisfactory to the Department, for a license as a
30 cosmetology teacher or cosmetology clinic teacher, if the
31 person has complied with all the provisions of this Act in
32 order to qualify for a license, except the passing of an
33 examination to be eligible to receive a license, until: (a)
34 the expiration of 6 months after the filing of the written
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1 application, (b) the decision of the Department that the
2 applicant has failed to pass an examination within 6 months
3 or failed without an approved excuse to take an examination
4 conducted within 6 months by the Department, or (c) the
5 withdrawal of the application.
6 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
7 (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
8 Sec. 3A-2. Licensure as an esthetician; qualifications.
9 A person is qualified to receive a license as a licensed
10 esthetician if that person has applied in writing on forms
11 provided by the Department, paid any required fees, and:
12 a. Is at least 16 years of age; and
13 b. Has a certificate of graduation from a school
14 providing secondary education, or the recognized equivalent
15 of such a certificate, or persons who are beyond the age of
16 compulsory school attendance; and
17 c. Has graduated from a school of cosmetology or
18 esthetics approved by the Department, having completed a
19 program total of 750 hours in the study of esthetics
20 extending over a period of not less than 18 weeks nor more
21 than 4 consecutive years. Time spent in such study under the
22 laws of another state or territory of the United States or of
23 a foreign country or province shall be credited toward the
24 period of study required by the provisions of this paragraph;
25 and
26 d. Has passed an examination authorized by the
27 Department to determine fitness to receive a license as a
28 licensed esthetician; and
29 e. Has met any other requirements of this Act and rules.
30 (Source: P.A. 89-387, eff. 1-1-96.)
31 (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
32 Sec. 3A-3. Licensure as an esthetics teacher;
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1 qualifications.
2 (a) A person is qualified to receive a license as an
3 esthetics teacher if that person has applied in writing on
4 forms supplied by the Department, paid the required fees,
5 and:
6 (1) is at least 18 years of age;
7 (2) has graduated from high school or its
8 equivalent;
9 (3) has a current license as a licensed
10 cosmetologist or esthetician;
11 (4) has either: (i) completed a program of 500
12 hours of teacher training in a licensed school of
13 cosmetology or a licensed esthetics school and had 2
14 years of practical experience as a licensed cosmetologist
15 or esthetician within 5 years preceding the examination;
16 or (ii) completed a program of 750 hours of teacher
17 training in a licensed school of cosmetology approved by
18 the Department to teach esthetics or a licensed esthetics
19 school;
20 (5) has passed an examination authorized by the
21 Department to determine fitness to receive a license as a
22 licensed cosmetology or esthetics teacher;
23 (6) demonstrates, to the satisfaction of the
24 Department, current skills in the use of machines used in
25 the practice of esthetics; and
26 (7) has met any other requirements as required by
27 this Act.
28 (b) A person is qualified to receive a license as an
29 esthetics clinic teacher if that person has applied in
30 writing on forms supplied by the Department, paid the
31 required fees, and:
32 (1) is at least 18 years of age;
33 (2) has graduated from high school or its
34 equivalent;
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1 (3) has a current license as a licensed
2 cosmetologist or esthetician;
3 (4) has completed a program of 250 hours of clinic
4 teacher training in a licensed school of cosmetology
5 approved by the Department to teach esthetics or a
6 licensed esthetics school and had 2 years of practical
7 experience as a licensed cosmetologist or esthetician
8 within 5 years preceding the examination;
9 (5) has passed an examination authorized by the
10 Department to determine fitness to receive a license as a
11 licensed cosmetology teacher or licensed esthetics
12 teacher;
13 (6) demonstrates, to the satisfaction of the
14 Department, current skills in the use of machines used in
15 the practice of esthetics; and
16 (7) has met any other requirements required by this
17 Act.
18 (c) An applicant who is issued a license as an esthetics
19 teacher or esthetics clinic teacher is not required to
20 maintain an esthetics license in order to practice as an
21 esthetician as defined in this Act.
22 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
23 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
24 Sec. 3A-5. Examination.
25 (a) The Department shall authorize examinations of
26 applicants for a license licenses as an esthetician or
27 teacher estheticians, teachers of esthetics at such times and
28 places as it may determine. The Department shall authorize
29 no fewer not less than 4 examinations for a license as an
30 esthetician or a teacher of estheticians, esthetics teachers
31 in a calendar year.
32 If an applicant neglects, fails without an approved
33 excuse, or refuses to take the next available examination
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1 offered for licensure under this Act, the fee paid by the
2 applicant shall be forfeited to the Department and the
3 application denied. If an applicant fails to pass an
4 examination for licensure under this Act within 3 years after
5 filing his or her application, the application shall be
6 denied. However, such applicant may thereafter make a new
7 application for examination, accompanied by the required fee,
8 if he or she meets the requirements in effect at the time of
9 reapplication. If an applicant for licensure as an
10 esthetician is unsuccessful at 3 examinations conducted by
11 the Department, the applicant shall, before taking a
12 subsequent examination, furnish evidence of not less than 125
13 hours of additional study of esthetics in an approved school
14 of cosmetology or esthetics since the applicant last took the
15 examination. If an applicant for licensure as an esthetics
16 teacher or esthetics clinic teacher is unsuccessful at 3
17 examinations conducted by the Department, the applicant
18 shall, before taking a subsequent examination, furnish
19 evidence of not less than 80 hours of additional study in
20 teaching methodology and educational psychology in a licensed
21 school of cosmetology or esthetics since the applicant last
22 took the examination. An applicant who fails to pass a
23 fourth examination shall not again be admitted to an
24 examination unless (i) in the case of an applicant for
25 licensure as an esthetician, the applicant shall again take
26 and complete a program total of 750 hours in the study of
27 esthetics in a licensed school of cosmetology approved to
28 teach esthetics or a school of esthetics, extending over a
29 period that commences after the applicant fails to pass the
30 fourth examination and that is not less than 18 weeks nor
31 more than 4 consecutive years in duration; (ii) in the case
32 of an applicant for a license as an esthetics teacher, the
33 applicant shall again take and complete a program total of
34 750 hours of teacher training in a school of cosmetology
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1 approved to teach esthetics or a school of esthetics, except
2 that if the applicant had 2 years of practical experience as
3 a licensed cosmetologist or esthetician within 5 years
4 preceding the initial examination taken by the applicant, the
5 applicant must again take and complete a program of 500 hours
6 of teacher training in licensed cosmetology or a licensed
7 esthetics school; or (iii) in the case of an applicant for a
8 license as an esthetics clinic teacher, the applicant shall
9 again take and complete a program total of 250 hours of
10 clinic teacher training in a licensed school of cosmetology
11 or a licensed school of esthetics.
12 (b) Each applicant shall be given a written examination
13 testing both theoretical and practical knowledge which shall
14 include, but not be limited to, questions that determine the
15 applicant's knowledge of:
16 (1) product chemistry;
17 (2) sanitary rules and regulations;
18 (3) sanitary procedures;
19 (4) chemical service procedures;
20 (5) knowledge of the anatomy of the skin, as it
21 relates to applicable services under this Act;
22 (6) the provisions and requirements of this Act;
23 and
24 (7) labor and compensation laws.
25 (c) The examination of applicants for licensure as an
26 esthetics teacher may include all of the above and may also
27 include:
28 (1) teaching methodology;
29 (2) classroom management; and
30 (3) record keeping and any other subjects that the
31 Department may deem necessary to insure competent
32 performance.
33 (d) This Act does not prohibit the practice of esthetics
34 by one who has applied in writing to the Department, in form
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1 and substance satisfactory to the Department, for a license
2 as an esthetician, an esthetics teacher, or an esthetics
3 clinic teacher and has complied with all the provisions of
4 this Act in order to qualify for a license, except the
5 passing of an examination to be eligible to receive such
6 license certificate, until: (i) the expiration of 6 months
7 after the filing of such written application, or (ii) the
8 decision of the Department that the applicant has failed to
9 pass an examination within 6 months or failed without an
10 approved excuse to take an examination conducted within 6
11 months by the Department, or (iii) the withdrawal of the
12 application.
13 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97;
14 revised 2-24-98.)
15 (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
16 Sec. 3C-3. Licensure as a nail technology teacher or
17 nail technology clinic teacher; qualifications.
18 (a) A person is qualified to receive a license as a nail
19 technology teacher if that person has filed an application on
20 forms provided by the Department, paid the required fee, and:
21 (1) is at least 18 years of age;
22 (2) has graduated from high school or its
23 equivalent;
24 (3) has a current license as a cosmetologist or
25 nail technician;
26 (4) has either: (1) completed a program of 500
27 hours of teacher training in a licensed school of nail
28 technology or cosmetology, and had 2 years of practical
29 experience as a nail technician; or (2) has completed a
30 program of 625 hours of teacher training in a licensed
31 school of cosmetology approved to teach nail technology
32 or school of nail technology; and
33 (5) who has passed an examination authorized by the
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1 Department to determine fitness to receive a license as a
2 cosmetology or nail technology teacher.
3 (b) A person is qualified to receive a license as a nail
4 technology clinic teacher if that person has applied in
5 writing on forms supplied by the Department, paid the
6 required fees, and:
7 (1) is at least 18 years of age;
8 (2) has graduated from high school or its
9 equivalent;
10 (3) has a current license as a licensed
11 cosmetologist or nail technician;
12 (4) has completed a program of 250 hours of clinic
13 teacher training in a licensed school of cosmetology or a
14 licensed nail technology school and had 2 years of
15 practical experience as a licensed cosmetologist or nail
16 technician within 5 years preceding the examination;
17 (5) has passed an examination authorized by the
18 Department to determine fitness to receive a license as a
19 licensed cosmetology teacher or licensed nail technology
20 teacher;
21 (6) demonstrates, to the satisfaction of the
22 Department, current skills in the use of machines used in
23 the practice of nail technology; and
24 (7) has met any other requirements required by this
25 Act.
26 (c) An applicant who receives a license as a nail
27 technology teacher or nail technology clinic teacher shall
28 not be required to maintain a license as a nail technician.
29 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
30 (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
31 Sec. 3C-7. Examinations; failure or refusal to take
32 examination. The Department shall authorize examinations of
33 applicants for licenses as nail technicians and teachers of
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1 nail technology at the times and places as it may determine.
2 The Department shall authorize not less than 4
3 examinations for licenses as nail technicians, and nail
4 technology teachers in a calendar year.
5 If an applicant neglects, fails without an approved
6 excuse, or refuses to take the next available examination
7 offered for licensure under this Act, the fee paid by the
8 applicant shall be forfeited to the Department and the
9 application denied. If an applicant fails to pass an
10 examination for licensure under this Act within 3 years after
11 filing an application, the application shall be denied.
12 Nevertheless, the applicant may thereafter make a new
13 application for examination, accompanied by the required fee,
14 if he or she meets the requirements in effect at the time of
15 reapplication. If an applicant for licensure as a nail
16 technician, nail technology teacher, or nail technology
17 clinic teacher is unsuccessful at 3 examinations conducted by
18 the Department, the applicant shall, before taking a
19 subsequent examination, furnish evidence of successfully
20 completing (i) for a nail technician, not less than 60 hours
21 of additional study of nail technology in a licensed school
22 of cosmetology approved to teach nail technology or nail
23 technology and (ii) for a nail technology teacher or nail
24 technology clinic teacher, not less than 80 hours of
25 additional study in teaching methodology and educational
26 psychology in an approved school of cosmetology or nail
27 technology since the applicant last took the examination.
28 An applicant who fails the fourth examination shall not
29 again be admitted to an examination unless: (i) in the case
30 of an applicant for a license as a nail technician, the
31 applicant again takes and completes a total of 350 hours in
32 the study of nail technology in an approved school of
33 cosmetology or nail technology extending over a period that
34 commences after the applicant fails to pass the fourth
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1 examination and that is not less than 8 weeks nor more than 2
2 consecutive years in duration; or (ii) in the case of an
3 applicant for licensure as a nail technology teacher, the
4 applicant again takes and completes a program total of 625
5 hours of teacher training in an approved school of
6 cosmetology, or nail technology, except that if the applicant
7 had 2 years of practical experience as a licensed nail
8 technician within 5 years preceding the initial examination
9 taken by the applicant, the applicant must again take and
10 complete a program of 500 hours of teacher training in a
11 licensed school of cosmetology approved to teach nail
12 technology, or a licensed school of nail technology or a
13 program of 250 hours of clinic teacher training in a licensed
14 school of cosmetology.
15 Each applicant for licensure as a nail technician shall
16 be given a written examination testing both theoretical and
17 practical knowledge, which shall include, but not be limited
18 to, questions that determine the applicant's knowledge of
19 product chemistry, sanitary rules, sanitary procedures,
20 hazardous chemicals and exposure minimization, this Act, and
21 labor and compensation laws.
22 The examination for licensure as a nail technology
23 teacher or nail technology clinic teacher may include
24 knowledge of the subject matter, teaching methodology,
25 classroom management, record keeping, and any other subjects
26 that the Department in its discretion may deem necessary to
27 insure competent performance.
28 This Act does not prohibit the practice of nail
29 technology by a person who has applied in writing to the
30 Department, in form and substance satisfactory to the
31 Department, for a license as a nail technician, or the
32 teaching of nail technology by one who has applied in writing
33 to the Department, in form and substance satisfactory to the
34 Department, for a license as a nail technology teacher or
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1 nail technology clinic teacher, if the person has complied
2 with all the provisions of this Act in order to qualify for a
3 license, except the passing of an examination to be eligible
4 to receive a license, until: (a) the expiration of 6 months
5 after the filing of the written application, or (b) the
6 decision of the Department that the applicant has failed to
7 pass an examination within 6 months or failed without an
8 approved excuse to take an examination conducted within 6
9 months by the Department, or (c) the withdrawal of the
10 application.
11 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
12 90-302, eff. 8-1-97.)".