[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
91_SB1339
LRB9111014LDpk
1 AN ACT to amend the Barber, Cosmetology, Esthetics, and
2 Nail Technology Act of 1985 by changing Sections 3-1, 3-2,
3 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and 4-23.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Barber, Cosmetology, Esthetics, and Nail
7 Technology Act of 1985 is amended by changing Sections 3-1,
8 3-2, 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and
9 4-23 as follows:
10 (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
11 Sec. 3-1. Cosmetology defined. Any one or any
12 combination of the following practices constitutes the
13 practice of cosmetology when done for cosmetic or beautifying
14 purposes and not for the treatment of disease or of muscular
15 or nervous disorder: arranging, braiding, dressing, cutting,
16 trimming, curling, waving, chemical restructuring, shaping,
17 singeing, bleaching, coloring or similar work, upon the hair
18 of the head; cutting or trimming facial hair of any person;
19 any practice of manicuring, pedicuring, decorating nails,
20 applying sculptured nails or otherwise artificial nails by
21 hand or with mechanical or electrical apparatus or
22 appliances, or in any way caring for the nails or the skin of
23 the hands or feet including massaging the hands, arms,
24 elbows, feet, lower legs, and knees of another person for
25 other than the treatment of medical disorders therapeutic
26 purposes; any practice of epilation or depilation of any
27 person; any practice for the purpose of cleansing, massaging
28 or toning the skin of the scalp; beautifying, massaging,
29 cleansing, exfoliating the stratum corneum of the epidermis,
30 or stimulating the skin of the human body by the use of
31 cosmetic preparations, antiseptics, body treatments, body
-2- LRB9111014LDpk
1 wraps, the use of hydrotherapy, tonics, lotions or creams or
2 any device, electrical or otherwise, for the care of the
3 skin; applying make-up or eyelashes to any person, tinting
4 eyelashes and eyebrows and lightening hair on the body and
5 removing superfluous hair from the body of any person by the
6 use of depilatories, waxing or tweezers. The term
7 "cosmetology" does not include the services provided by an
8 electrologist. Nail technology is the practice and the study
9 of cosmetology only to the extent of manicuring, pedicuring,
10 decorating, and applying sculptured or otherwise artificial
11 nails, or in any way caring for the nail or the skin of the
12 hands or feet including massaging the hands, arms, elbows,
13 feet, lower legs, and knees. Cosmetologists are prohibited
14 from performing any procedure that may puncture or abrade the
15 skin below the stratum corneum of the epidermis or remove
16 closed milia comedones (whiteheads) which may draw blood or
17 serous body fluid. The term cosmetology includes rendering
18 advice on what is cosmetically appealing, but no person
19 licensed under this Act shall render advice on what is
20 appropriate medical treatment for diseases of the skin.
21 Purveyors of cosmetics may demonstrate such cosmetic products
22 in conjunction with any sales promotion and shall not be
23 required to hold a license under this Act. Nothing in this
24 Act shall be construed to prohibit the shampooing of hair by
25 persons employed for that purpose and who perform that task
26 under the direct supervision of a licensed cosmetologist or
27 licensed cosmetology teacher.
28 (Source: P.A. 89-387, eff. 1-1-96.)
29 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
30 Sec. 3-2. Licensure; qualifications. A person is
31 qualified to receive a license as a cosmetologist who has
32 filed an application on forms provided by the Department,
33 pays the required fees, and:
-3- LRB9111014LDpk
1 a. Is at least l6 years of age; and
2 b. Has graduated from an eighth grade elementary school,
3 or its equivalent; and
4 c. Has graduated from a school of cosmetology approved
5 by the Department, having completed a program total of l500
6 hours in the study of cosmetology extending over a period of
7 not less than 8 months nor more than 7 consecutive years. A
8 school of cosmetology may, at its discretion, consistent with
9 the rules of the Department, accept up to 500 hours of barber
10 school training at a recognized barber school toward the l500
11 hour program course requirement of cosmetology. Time spent in
12 such study under the laws of another state or territory of
13 the United States or of a foreign country or province shall
14 be credited toward the period of study required by the
15 provisions of this paragraph; and
16 d. Has passed an examination authorized by the
17 Department to determine fitness to receive a license as a
18 cosmetologist. The requirements for remedial training set
19 forth in Section 3-6 of this Act may be waived in whole or in
20 part by the Department upon proof to the Department that the
21 applicant has demonstrated competence to again sit for the
22 examination. The Department shall promulgate rules
23 establishing the standards by which such determination shall
24 be made; and
25 e. Has met any other requirements of this Act.
26 (Source: P.A. 89-387, eff. 1-1-96.)
27 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
28 Sec. 3-4. Licensure as cosmetology teacher or cosmetology
29 clinic teacher; qualifications.
30 (a) A person is qualified to receive license as a
31 cosmetology teacher if that person has applied in writing on
32 forms provided by the Department, has paid the required fees,
33 and:
-4- LRB9111014LDpk
1 (1) is at least 18 years of age;
2 (2) has graduated from high school or its
3 equivalent;
4 (3) has a current license as a cosmetologist;
5 (4) has either: (i) completed a program of 500
6 hours of teacher training in a licensed school of
7 cosmetology and had 2 years of practical experience as a
8 licensed cosmetologist within 5 years preceding the
9 examination; or (ii) completed a program of 1,000 hours
10 of teacher training in a licensed school of cosmetology;
11 (5) has passed an examination authorized by the
12 Department to determine fitness to receive a license as a
13 cosmetology teacher; and
14 (6) has met any other requirements of this Act.
15 A cosmetology teacher who teaches esthetics, in order to
16 be licensed, shall demonstrate, to the satisfaction of the
17 Department, current skills in the use of machines used in the
18 practice of esthetics.
19 An individual who receives a license as a cosmetology
20 teacher shall not be required to maintain an active
21 cosmetology license in order to practice cosmetology as
22 defined in this Act.
23 (b) A person is qualified to receive a license as a
24 cosmetology clinic teacher if he or she has applied in
25 writing on forms provided by the Department, has paid the
26 required fees, and:
27 (1) is at least 18 years of age;
28 (2) has graduated from high school or its
29 equivalent;
30 (3) has a current license as a cosmetologist;
31 (4) has completed a program of 250 hours of clinic
32 teacher training in a licensed school of cosmetology and
33 has 2 years of practical experience as a licensed
34 cosmetologist within 5 years preceding the examination;
-5- LRB9111014LDpk
1 (5) has passed an examination authorized by the
2 Department to determine fitness to receive a license as a
3 cosmetology teacher; and
4 (6) has met any other requirements of this Act.
5 (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.)
6 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
7 Sec. 3-6. Examination. The Department shall authorize
8 examinations of applicants for licensure as cosmetologists,
9 teachers of cosmetology at the times and places it may
10 determine. If an applicant for licensure as a cosmetologist
11 fails to pass 3 examinations conducted by the Department, the
12 applicant shall, before taking a subsequent examination,
13 furnish evidence of not less than 250 hours of additional
14 study of cosmetology in an approved school of cosmetology
15 since the applicant last took the examination. If an
16 applicant for licensure as a cosmetology teacher fails to
17 pass 3 examinations conducted by the Department, the
18 applicant shall, before taking a subsequent examination,
19 furnish evidence of not less than 80 hours of additional
20 study in teaching methodology and educational psychology in
21 an approved school of cosmetology since the applicant last
22 took the examination. An applicant who fails to pass the
23 fourth examination shall not again be admitted to an
24 examination unless: (i) in the case of an applicant for
25 licensure as a cosmetologist, the applicant again takes and
26 completes a program total of 1500 hours in the study of
27 cosmetology in an approved school of cosmetology extending
28 over a period that commences after the applicant fails to
29 pass the fourth examination and that is not less than 8
30 months nor more than 7 consecutive years in duration; (ii) in
31 the case of an applicant for licensure as a cosmetology
32 teacher, the applicant again takes and completes a program
33 total of 1000 hours of teacher training in an approved school
-6- LRB9111014LDpk
1 of cosmetology, except that if the applicant had 2 years of
2 practical experience as a licensed cosmetologist within the 5
3 years preceding the initial examination taken by the
4 applicant, the applicant must again take and complete a
5 program of 500 hours of teacher training in an approved
6 school of cosmetology, esthetics, or nail technology; or
7 (iii) in the case of an applicant for licensure as a
8 cosmetology clinic teacher, the applicant again takes and
9 completes a program total of 250 hours of clinic teacher
10 training in a licensed school of cosmetology. Each
11 cosmetology applicant shall be given a written examination
12 testing both theoretical and practical knowledge, which shall
13 include, but not be limited to, questions that determine the
14 applicant's knowledge of product chemistry, sanitary rules,
15 sanitary procedures, chemical service procedures, hazardous
16 chemicals and exposure minimization, knowledge of the anatomy
17 of the skin, scalp, and hair as they relate to applicable
18 services under this Act and labor and compensation laws.
19 The examination of applicants for licensure as a
20 cosmetology, esthetics, or nail technology teacher may
21 include all of the elements of the exam for licensure as a
22 cosmetologist, esthetician, or nail technician and also
23 include teaching methodology, classroom management, record
24 keeping, and any other related subjects that the Department
25 in its discretion may deem necessary to insure competent
26 performance.
27 This Act does not prohibit the practice of cosmetology by
28 one who has applied in writing to the Department, in form and
29 substance satisfactory to the Department, for a license as a
30 cosmetologist, or the teaching of cosmetology by one who has
31 applied in writing to the Department, in form and substance
32 satisfactory to the Department, for a license as a
33 cosmetology teacher or cosmetology clinic teacher, if the
34 person has complied with all the provisions of this Act in
-7- LRB9111014LDpk
1 order to qualify for a license, except the passing of an
2 examination to be eligible to receive a license, until: (a)
3 the expiration of 6 months after the filing of the written
4 application, (b) the decision of the Department that the
5 applicant has failed to pass an examination within 6 months
6 or failed without an approved excuse to take an examination
7 conducted within 6 months by the Department, or (c) the
8 withdrawal of the application.
9 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
10 (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
11 Sec. 3A-1. Esthetics and esthetician defined.
12 (A) Any person who for compensation, whether direct or
13 indirect, including tips, engages in the following practices
14 engages in the practice of esthetics:
15 1. Beautifying, massaging, cleansing, exfoliating
16 the stratum corneum of the epidermis or stimulating the
17 skin of the human body, except the scalp, by the use of
18 cosmetic preparations, body treatments, body wraps, the
19 use of hydrotherapy, antiseptics, tonics, lotions or
20 creams or any device, electrical or otherwise, for the
21 care of the skin;
22 2. Applying make-up or eyelashes to any person,
23 tinting eyelashes and eyebrows and lightening hair on the
24 body except the scalp; and
25 3. Removing superfluous hair from the body of any
26 person by the use of depilatories, waxing or tweezers.
27 However, esthetics does not include the services provided
28 by a cosmetologist or electrologist. Estheticians are
29 prohibited from performing any procedure which may puncture
30 or abrade the skin below the stratum corneum of the epidermis
31 or remove closed milia comedones (whiteheads) which may draw
32 blood or serous body fluid. The term esthetics includes
33 rendering advice on what is cosmetically appealing, but no
-8- LRB9111014LDpk
1 person licensed under this Act shall render advice on what is
2 appropriate medical treatment for diseases of the skin.
3 (B) "Esthetician" means any person who, with hands or
4 mechanical or electrical apparatus or appliances, engages
5 only in the use of cosmetic preparations, body treatments,
6 body wraps, hydrotherapy, makeups, antiseptics, tonics,
7 lotions, creams or other preparations or in the practice of
8 massaging, cleansing, exfoliating the stratum corneum of the
9 epidermis, stimulating, manipulating, beautifying, grooming
10 or similar work on the face, neck, arms and hands or body in
11 a superficial mode, and not for the treatment of medical
12 disorders therapeutic purposes.
13 (Source: P.A. 85-1302.)
14 (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
15 Sec. 3A-2. Licensure as an esthetician; qualifications.
16 A person is qualified to receive a license as a licensed
17 esthetician if that person has applied in writing on forms
18 provided by the Department, paid any required fees, and:
19 a. Is at least 16 years of age; and
20 b. Has a certificate of graduation from a school
21 providing secondary education, or the recognized equivalent
22 of such a certificate, or persons who are beyond the age of
23 compulsory school attendance; and
24 c. Has graduated from a school of cosmetology or
25 esthetics approved by the Department, having completed a
26 program total of 750 hours in the study of esthetics
27 extending over a period of not less than 18 weeks nor more
28 than 4 consecutive years. Time spent in such study under the
29 laws of another state or territory of the United States or of
30 a foreign country or province shall be credited toward the
31 period of study required by the provisions of this paragraph;
32 and
33 d. Has passed an examination authorized by the
-9- LRB9111014LDpk
1 Department to determine fitness to receive a license as a
2 licensed esthetician; and
3 e. Has met any other requirements of this Act and rules.
4 (Source: P.A. 89-387, eff. 1-1-96.)
5 (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
6 Sec. 3A-3. Licensure as an esthetics teacher;
7 qualifications.
8 (a) A person is qualified to receive a license as an
9 esthetics teacher if that person has applied in writing on
10 forms supplied by the Department, paid the required fees,
11 and:
12 (1) is at least 18 years of age;
13 (2) has graduated from high school or its
14 equivalent;
15 (3) has a current license as a licensed
16 cosmetologist or esthetician;
17 (4) has either: (i) completed a program of 500
18 hours of teacher training in a licensed school of
19 cosmetology or a licensed esthetics school and had 2
20 years of practical experience as a licensed cosmetologist
21 or esthetician within 5 years preceding the examination;
22 or (ii) completed a program of 750 hours of teacher
23 training in a licensed school of cosmetology approved by
24 the Department to teach esthetics or a licensed esthetics
25 school;
26 (5) has passed an examination authorized by the
27 Department to determine fitness to receive a license as a
28 licensed cosmetology or esthetics teacher;
29 (6) demonstrates, to the satisfaction of the
30 Department, current skills in the use of machines used in
31 the practice of esthetics; and
32 (7) has met any other requirements as required by
33 this Act.
-10- LRB9111014LDpk
1 (b) A person is qualified to receive a license as an
2 esthetics clinic teacher if that person has applied in
3 writing on forms supplied by the Department, paid the
4 required fees, and:
5 (1) is at least 18 years of age;
6 (2) has graduated from high school or its
7 equivalent;
8 (3) has a current license as a licensed
9 cosmetologist or esthetician;
10 (4) has completed a program of 250 hours of clinic
11 teacher training in a licensed school of cosmetology
12 approved by the Department to teach esthetics or a
13 licensed esthetics school and had 2 years of practical
14 experience as a licensed cosmetologist or esthetician
15 within 5 years preceding the examination;
16 (5) has passed an examination authorized by the
17 Department to determine fitness to receive a license as a
18 licensed cosmetology teacher or licensed esthetics
19 teacher;
20 (6) demonstrates, to the satisfaction of the
21 Department, current skills in the use of machines used in
22 the practice of esthetics; and
23 (7) has met any other requirements required by this
24 Act.
25 (c) An applicant who is issued a license as an esthetics
26 teacher or esthetics clinic teacher is not required to
27 maintain an esthetics license in order to practice as an
28 esthetician as defined in this Act.
29 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
30 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
31 Sec. 3A-5. Examination.
32 (a) The Department shall authorize examinations of
33 applicants for a license as an esthetician or teacher of
-11- LRB9111014LDpk
1 esthetics at such times and places as it may determine. The
2 Department shall authorize no fewer than 4 examinations for a
3 license as an esthetician or a teacher of esthetics in a
4 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 his or her application, the application shall be
12 denied. However, such 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 an
16 esthetician is unsuccessful at 3 examinations conducted by
17 the Department, the applicant shall, before taking a
18 subsequent examination, furnish evidence of not less than 125
19 hours of additional study of esthetics in an approved school
20 of cosmetology or esthetics since the applicant last took the
21 examination. If an applicant for licensure as an esthetics
22 teacher or esthetics clinic teacher is unsuccessful at 3
23 examinations conducted by the Department, the applicant
24 shall, before taking a subsequent examination, furnish
25 evidence of not less than 80 hours of additional study in
26 teaching methodology and educational psychology in a licensed
27 school of cosmetology or esthetics since the applicant last
28 took the examination. An applicant who fails to pass a
29 fourth examination shall not again be admitted to an
30 examination unless (i) in the case of an applicant for
31 licensure as an esthetician, the applicant shall again take
32 and complete a program total of 750 hours in the study of
33 esthetics in a licensed school of cosmetology approved to
34 teach esthetics or a school of esthetics, extending over a
-12- LRB9111014LDpk
1 period that commences after the applicant fails to pass the
2 fourth examination and that is not less than 18 weeks nor
3 more than 4 consecutive years in duration; (ii) in the case
4 of an applicant for a license as an esthetics teacher, the
5 applicant shall again take and complete a program total of
6 750 hours of teacher training in a school of cosmetology
7 approved to teach esthetics or a school of esthetics, except
8 that if the applicant had 2 years of practical experience as
9 a licensed cosmetologist or esthetician within 5 years
10 preceding the initial examination taken by the applicant, the
11 applicant must again take and complete a program of 500 hours
12 of teacher training in licensed cosmetology or a licensed
13 esthetics school; or (iii) in the case of an applicant for a
14 license as an esthetics clinic teacher, the applicant shall
15 again take and complete a program total of 250 hours of
16 clinic teacher training in a licensed school of cosmetology
17 or a licensed school of esthetics.
18 (b) Each applicant shall be given a written examination
19 testing both theoretical and practical knowledge which shall
20 include, but not be limited to, questions that determine the
21 applicant's knowledge of:
22 (1) product chemistry;
23 (2) sanitary rules and regulations;
24 (3) sanitary procedures;
25 (4) chemical service procedures;
26 (5) knowledge of the anatomy of the skin, as it
27 relates to applicable services under this Act;
28 (6) the provisions and requirements of this Act;
29 and
30 (7) labor and compensation laws.
31 (c) The examination of applicants for licensure as an
32 esthetics teacher may include all of the above and may also
33 include:
34 (1) teaching methodology;
-13- LRB9111014LDpk
1 (2) classroom management; and
2 (3) record keeping and any other subjects that the
3 Department may deem necessary to insure competent
4 performance.
5 (d) This Act does not prohibit the practice of esthetics
6 by one who has applied in writing to the Department, in form
7 and substance satisfactory to the Department, for a license
8 as an esthetician, an esthetics teacher, or an esthetics
9 clinic teacher and has complied with all the provisions of
10 this Act in order to qualify for a license, except the
11 passing of an examination to be eligible to receive such
12 license certificate, until: (i) the expiration of 6 months
13 after the filing of such written application, or (ii) the
14 decision of the Department that the applicant has failed to
15 pass an examination within 6 months or failed without an
16 approved excuse to take an examination conducted within 6
17 months by the Department, or (iii) the withdrawal of the
18 application.
19 (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.)
20 (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
21 Sec. 3C-1. Definitions. "Nail technician" means any
22 person who for compensation manicures, pedicures, or
23 decorates nails, applies sculptured or otherwise artificial
24 nails by hand or with mechanical or electrical apparatus or
25 appliances, or in any way cares for the nails or the skin of
26 the hands or feet including massaging the hands, arms,
27 elbows, feet, lower legs, and knees of another person for
28 other than the treatment of medical disorders therapeutic
29 purposes.
30 However, nail technicians are prohibited from performing
31 any procedure that may puncture the skin or which may draw
32 blood or serous body fluid. The term nail technician
33 includes rendering advice on what is cosmetically appealing,
-14- LRB9111014LDpk
1 but no person licensed under this Act shall render advice on
2 what is appropriate medical treatment for diseases of the
3 nails or skin.
4 "Nail technician teacher" means an individual licensed by
5 the Department to provide instruction in the theory and
6 practice of nail technology to students in an approved nail
7 technology school.
8 "Licensed nail technology clinic teacher" means an
9 individual licensed by the Department to practice nail
10 technology as defined in this Act and to provide clinical
11 instruction in the practice of nail technology in an approved
12 school of cosmetology or an approved school of nail
13 technology.
14 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
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
-15- LRB9111014LDpk
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
-16- LRB9111014LDpk
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
-17- LRB9111014LDpk
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
-18- LRB9111014LDpk
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.)
13 (225 ILCS 410/4-23)
14 Sec. 4-23. Penalties for failure to receive required
15 continuing education credits.
16 (a) In the first 2-year cycle in which a licensee does
17 not obtain his or her continuing education hours, the
18 Department shall place him or her on probation. If the
19 licensee does obtain his or her continuing education hours
20 prior to his or her next renewal, the Department shall
21 restore his or her license to good standing.
22 (b) In the second consecutive 2-year cycle in which a
23 licensee does not obtain his or her continuing education
24 hours, he or she shall be placed or continued continue on
25 probation, be fined, and be issued notice by the Department
26 that license revocation will occur if he or she does not
27 receive the continuing education hours required prior to his
28 or her next renewal. If the licensee does obtain his or her
29 continuing education hours prior to his or her next renewal,
30 he or she shall remain on probation but shall not be fined
31 pursuant to subsection (a).
32 (c) In the third consecutive 2-year cycle in which a
33 licensee does not obtain his or her continuing education
-19- LRB9111014LDpk
1 hours, his or her license shall be revoked. The Department
2 shall promulgate rules and regulations governing the
3 reissuance of a license that has been revoked. These rules
4 and regulations shall take into account that the licensee
5 already has been licensed and received the training necessary
6 for such a license.
7 (Source: P.A. 89-706, eff. 1-31-97.)