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91_SB1339eng SB1339 Engrossed 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 disorderstherapeutic26purposes; 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 which includes, but is not limited to, the process of 31 microdermabrasion, or stimulating the skin of the human body SB1339 Engrossed -2- LRB9111014LDpk 1 by the use of cosmetic preparations, antiseptics, body 2 treatments, body wraps, the use of hydrotherapy, tonics, 3 lotions or creams or any device, electrical or otherwise, for 4 the care of the skin; applying make-up or eyelashes to any 5 person, tinting eyelashes and eyebrows and lightening hair on 6 the body and removing superfluous hair from the body of any 7 person by the use of depilatories, waxing or tweezers. The 8 term "cosmetology" does not include the services provided by 9 an electrologist. Nail technology is the practice and the 10 study of cosmetology only to the extent of manicuring, 11 pedicuring, decorating, and applying sculptured or otherwise 12 artificial nails, or in any way caring for the nail or the 13 skin of the hands or feet including massaging the hands, 14 arms, elbows, feet, lower legs, and knees. Cosmetologists 15 are prohibited from performing any procedure that may 16 puncture or abrade the skin below the stratum corneum of the 17 epidermis or remove closed miliacomedones(whiteheads) which 18 may draw blood or serous body fluid. The term cosmetology 19 includes rendering advice on what is cosmetically appealing, 20 but no person licensed under this Act shall render advice on 21 what is appropriate medical treatment for diseases of the 22 skin. Purveyors of cosmetics may demonstrate such cosmetic 23 products in conjunction with any sales promotion and shall 24 not be required to hold a license under this Act. Nothing in 25 this Act shall be construed to prohibit the shampooing of 26 hair by persons employed for that purpose and who perform 27 that task under the direct supervision of a licensed 28 cosmetologist or licensed cosmetology teacher. 29 (Source: P.A. 89-387, eff. 1-1-96.) 30 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2) 31 Sec. 3-2. Licensure; qualifications. A person is 32 qualified to receive a license as a cosmetologist who has 33 filed an application on forms provided by the Department, SB1339 Engrossed -3- LRB9111014LDpk 1 pays the required fees, and: 2 a. Is at least l6 years of age; and 3 b. Has graduated from an eighth grade elementary school, 4 or its equivalent; and 5 c. Has graduated from a school of cosmetology approved 6 by the Department, having completed a programtotalof l500 7 hours in the study of cosmetology extending over a period of 8 not less than 8 months nor more than 7 consecutive years. A 9 school of cosmetology may, at its discretion, consistent with 10 the rules of the Department, accept up to 500 hours of barber 11 school training at a recognized barber school toward the l500 12 hour programcourserequirement of cosmetology. Time spent in 13 such study under the laws of another state or territory of 14 the United States or of a foreign country or province shall 15 be credited toward the period of study required by the 16 provisions of this paragraph; and 17 d. Has passed an examination authorized by the 18 Department to determine fitness to receive a license as a 19 cosmetologist. The requirements for remedial training set 20 forth in Section 3-6 of this Act may be waived in whole or in 21 part by the Department upon proof to the Department that the 22 applicant has demonstrated competence to again sit for the 23 examination. The Department shall promulgate rules 24 establishing the standards by which such determination shall 25 be made; and 26 e. Has met any other requirements of this Act. 27 (Source: P.A. 89-387, eff. 1-1-96.) 28 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4) 29 Sec. 3-4. Licensure as cosmetology teacher or cosmetology 30 clinic teacher; qualifications. 31 (a) A person is qualified to receive license as a 32 cosmetology teacher if that person has applied in writing on 33 forms provided by the Department, has paid the required fees, SB1339 Engrossed -4- LRB9111014LDpk 1 and: 2 (1) is at least 18 years of age; 3 (2) has graduated from high school or its 4 equivalent; 5 (3) has a current license as a cosmetologist; 6 (4) has either: (i) completed a program of 500 7 hours of teacher training in a licensed school of 8 cosmetology and had 2 years of practical experience as a 9 licensed cosmetologist within 5 years preceding the 10 examination; or (ii) completed a program of 1,000 hours 11 of teacher training in a licensed school of cosmetology; 12 (5) has passed an examination authorized by the 13 Department to determine fitness to receive a license as a 14 cosmetology teacher; and 15 (6) has met any other requirements of this Act. 16 A cosmetology teacher who teaches esthetics, in order to 17 be licensed, shall demonstrate, to the satisfaction of the 18 Department, current skills in the use of machines used in the 19 practice of esthetics. 20 An individual who receives a license as a cosmetology 21 teacher shall not be required to maintain an active 22 cosmetology license in order to practice cosmetology as 23 defined in this Act. 24 (b) A person is qualified to receive a license as a 25 cosmetology clinic teacher if he or she has applied in 26 writing on forms provided by the Department, has paid the 27 required fees, and: 28 (1) is at least 18 years of age; 29 (2) has graduated from high school or its 30 equivalent; 31 (3) has a current license as a cosmetologist; 32 (4) has completed a program of 250 hours of clinic 33 teacher training in a licensed school of cosmetology and 34 has 2 years of practical experience as a licensed SB1339 Engrossed -5- LRB9111014LDpk 1 cosmetologist within 5 years preceding the examination; 2 (5) has passed an examination authorized by the 3 Department to determine fitness to receive a license as a 4 cosmetology teacher; and 5 (6) has met any other requirements of this Act. 6 (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.) 7 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6) 8 Sec. 3-6. Examination. The Department shall authorize 9 examinations of applicants for licensure as cosmetologists, 10 teachers of cosmetology at the times and places it may 11 determine. If an applicant for licensure as a cosmetologist 12 fails to pass 3 examinations conducted by the Department, the 13 applicant shall, before taking a subsequent examination, 14 furnish evidence of not less than 250 hours of additional 15 study of cosmetology in an approved school of cosmetology 16 since the applicant last took the examination. If an 17 applicant for licensure as a cosmetology teacher fails to 18 pass 3 examinations conducted by the Department, the 19 applicant shall, before taking a subsequent examination, 20 furnish evidence of not less than 80 hours of additional 21 study in teaching methodology and educational psychology in 22 an approved school of cosmetology since the applicant last 23 took the examination. An applicant who fails to pass the 24 fourth examination shall not again be admitted to an 25 examination unless: (i) in the case of an applicant for 26 licensure as a cosmetologist, the applicant again takes and 27 completes a programtotalof 1500 hours in the study of 28 cosmetology in an approved school of cosmetology extending 29 over a period that commences after the applicant fails to 30 pass the fourth examination and that is not less than 8 31 months nor more than 7 consecutive years in duration; (ii) in 32 the case of an applicant for licensure as a cosmetology 33 teacher, the applicant again takes and completes a program SB1339 Engrossed -6- LRB9111014LDpk 1totalof 1000 hours of teacher training in an approved school 2 of cosmetology, except that if the applicant had 2 years of 3 practical experience as a licensed cosmetologist within the 5 4 years preceding the initial examination taken by the 5 applicant, the applicant must again take and complete a 6 program of 500 hours of teacher training in an approved 7 school of cosmetology, esthetics, or nail technology; or 8 (iii) in the case of an applicant for licensure as a 9 cosmetology clinic teacher, the applicant again takes and 10 completes a programtotalof 250 hours of clinic teacher 11 training in a licensed school of cosmetology. Each 12 cosmetology 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 product chemistry, sanitary rules, 16 sanitary procedures, chemical service procedures, hazardous 17 chemicals and exposure minimization, knowledge of the anatomy 18 of the skin, scalp, and hair as they relate to applicable 19 services under this Act and labor and compensation laws. 20 The examination of applicants for licensure as a 21 cosmetology, esthetics, or nail technology teacher may 22 include all of the elements of the exam for licensure as a 23 cosmetologist, esthetician, or nail technician and also 24 include teaching methodology, classroom management, record 25 keeping, and any other related subjects that the Department 26 in its discretion may deem necessary to insure competent 27 performance. 28 This Act does not prohibit the practice of cosmetology by 29 one who has applied in writing to the Department, in form and 30 substance satisfactory to the Department, for a license as a 31 cosmetologist, or the teaching of cosmetology by one who has 32 applied in writing to the Department, in form and substance 33 satisfactory to the Department, for a license as a 34 cosmetology teacher or cosmetology clinic teacher, if the SB1339 Engrossed -7- LRB9111014LDpk 1 person has complied with all the provisions of this Act in 2 order to qualify for a license, except the passing of an 3 examination to be eligible to receive a license, until: (a) 4 the expiration of 6 months after the filing of the written 5 application, (b) the decision of the Department that the 6 applicant has failed to pass an examination within 6 months 7 or failed without an approved excuse to take an examination 8 conducted within 6 months by the Department, or (c) the 9 withdrawal of the application. 10 A person who took the September 10, 1994 cosmetology 11 licensure examination for the sixth time and failed the 12 examination and failed to request a reader based upon a 13 documented learning disability may reapply for the 14 examination within 6 months of the effective date of this 15 amendatory Act of the 91st General Assembly without having to 16 complete the additional 1,500 hours of instruction required 17 under this Act. 18 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 19 (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1) 20 Sec. 3A-1. Esthetics and esthetician defined. 21 (A) Any person who for compensation, whether direct or 22 indirect, including tips, engages in the following practices 23 engages in the practice of esthetics: 24 1. Beautifying, massaging, cleansing, exfoliating 25 the stratum corneum of the epidermis, which includes, but 26 is not limited to, the process of microdermabrasion, or 27 stimulating the skin of the human body, except the scalp, 28 by the use of cosmetic preparations, body treatments, 29 body wraps, the use of hydrotherapy, antiseptics, tonics, 30 lotions or creams or any device, electrical or otherwise, 31 for the care of the skin; 32 2. Applying make-up or eyelashes to any person, 33 tinting eyelashes and eyebrows and lightening hair on the SB1339 Engrossed -8- LRB9111014LDpk 1 body except the scalp; and 2 3. Removing superfluous hair from the body of any 3 person by the use of depilatories, waxing or tweezers. 4 However, esthetics does not include the services provided 5 by a cosmetologist or electrologist. Estheticians are 6 prohibited from performing any procedure which may puncture 7 or abrade the skin below the stratum corneum of the epidermis 8 or remove closed miliacomedones(whiteheads) which may draw 9 blood or serous body fluid. The term esthetics includes 10 rendering advice on what is cosmetically appealing, but no 11 person licensed under this Act shall render advice on what is 12 appropriate medical treatment for diseases of the skin. 13 (B) "Esthetician" means any person who, with hands or 14 mechanical or electrical apparatus or appliances, engages 15 only in the use of cosmetic preparations, body treatments, 16 body wraps, hydrotherapy, makeups, antiseptics, tonics, 17 lotions, creams or other preparations or in the practice of 18 massaging, cleansing, exfoliating the stratum corneum of the 19 epidermis, which includes, but is not limited to, the process 20 of microdermabrasion, stimulating, manipulating, 21 beautifying, grooming or similar work on the face, neck, arms 22 and hands or body in a superficial mode, and not for the 23 treatment of medical disorderstherapeutic purposes. 24 (Source: P.A. 85-1302.) 25 (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2) 26 Sec. 3A-2. Licensure as an esthetician; qualifications. 27 A person is qualified to receive a license as a licensed 28 esthetician if that person has applied in writing on forms 29 provided by the Department, paid any required fees, and: 30 a. Is at least 16 years of age; and 31 b. Has a certificate of graduation from a school 32 providing secondary education, or the recognized equivalent 33 of such a certificate, or persons who are beyond the age of SB1339 Engrossed -9- LRB9111014LDpk 1 compulsory school attendance; and 2 c. Has graduated from a school of cosmetology or 3 esthetics approved by the Department, having completed a 4 programtotalof 750 hours in the study of esthetics 5 extending over a period of not less than 18 weeks nor more 6 than 4 consecutive years. Time spent in such study under the 7 laws of another state or territory of the United States or of 8 a foreign country or province shall be credited toward the 9 period of study required by the provisions of this paragraph; 10 and 11 d. Has passed an examination authorized by the 12 Department to determine fitness to receive a license as a 13 licensed esthetician; and 14 e. Has met any other requirements of this Act and rules. 15 (Source: P.A. 89-387, eff. 1-1-96.) 16 (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3) 17 Sec. 3A-3. Licensure as an esthetics teacher; 18 qualifications. 19 (a) A person is qualified to receive a license as an 20 esthetics teacher if that person has applied in writing on 21 forms supplied by the Department, paid the required fees, 22 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 licensed 27 cosmetologist or esthetician; 28 (4) has either: (i) completed a program of 500 29 hours of teacher training in a licensed school of 30 cosmetology or a licensed esthetics school and had 2 31 years of practical experience as a licensed cosmetologist 32 or esthetician within 5 years preceding the examination; 33 or (ii) completed a program of 750 hours of teacher SB1339 Engrossed -10- LRB9111014LDpk 1 training in a licensed school of cosmetology approved by 2 the Department to teach esthetics or a licensed esthetics 3 school; 4 (5) has passed an examination authorized by the 5 Department to determine fitness to receive a license as a 6 licensed cosmetology or esthetics teacher; 7 (6) demonstrates, to the satisfaction of the 8 Department, current skills in the use of machines used in 9 the practice of esthetics; and 10 (7) has met any other requirements as required by 11 this Act. 12 (b) A person is qualified to receive a license as an 13 esthetics clinic teacher if that person has applied in 14 writing on forms supplied by the Department, paid the 15 required fees, and: 16 (1) is at least 18 years of age; 17 (2) has graduated from high school or its 18 equivalent; 19 (3) has a current license as a licensed 20 cosmetologist or esthetician; 21 (4) has completed a program of 250 hours of clinic 22 teacher training in a licensed school of cosmetology 23 approved by the Department to teach esthetics or a 24 licensed esthetics school and had 2 years of practical 25 experience as a licensed cosmetologist or esthetician 26 within 5 years preceding the examination; 27 (5) has passed an examination authorized by the 28 Department to determine fitness to receive a license as a 29 licensed cosmetology teacher or licensed esthetics 30 teacher; 31 (6) demonstrates, to the satisfaction of the 32 Department, current skills in the use of machines used in 33 the practice of esthetics; and 34 (7) has met any other requirements required by this SB1339 Engrossed -11- LRB9111014LDpk 1 Act. 2 (c) An applicant who is issued a license as an esthetics 3 teacher or esthetics clinic teacher is not required to 4 maintain an esthetics license in order to practice as an 5 esthetician as defined in this Act. 6 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 7 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5) 8 Sec. 3A-5. Examination. 9 (a) The Department shall authorize examinations of 10 applicants for a license as an esthetician or teacher of 11 esthetics at such times and places as it may determine. The 12 Department shall authorize no fewer than 4 examinations for a 13 license as an esthetician or a teacher of esthetics in a 14 calendar year. 15 If an applicant neglects, fails without an approved 16 excuse, or refuses to take the next available examination 17 offered for licensure under this Act, the fee paid by the 18 applicant shall be forfeited to the Department and the 19 application denied. If an applicant fails to pass an 20 examination for licensure under this Act within 3 years after 21 filing his or her application, the application shall be 22 denied. However, such applicant may thereafter make a new 23 application for examination, accompanied by the required fee, 24 if he or she meets the requirements in effect at the time of 25 reapplication. If an applicant for licensure as an 26 esthetician is unsuccessful at 3 examinations conducted by 27 the Department, the applicant shall, before taking a 28 subsequent examination, furnish evidence of not less than 125 29 hours of additional study of esthetics in an approved school 30 of cosmetology or esthetics since the applicant last took the 31 examination. If an applicant for licensure as an esthetics 32 teacher or esthetics clinic teacher is unsuccessful at 3 33 examinations conducted by the Department, the applicant SB1339 Engrossed -12- LRB9111014LDpk 1 shall, before taking a subsequent examination, furnish 2 evidence of not less than 80 hours of additional study in 3 teaching methodology and educational psychology in a licensed 4 school of cosmetology or esthetics since the applicant last 5 took the examination. An applicant who fails to pass a 6 fourth examination shall not again be admitted to an 7 examination unless (i) in the case of an applicant for 8 licensure as an esthetician, the applicant shall again take 9 and complete a programtotalof 750 hours in the study of 10 esthetics in a licensed school of cosmetology approved to 11 teach esthetics or a school of esthetics, extending over a 12 period that commences after the applicant fails to pass the 13 fourth examination and that is not less than 18 weeks nor 14 more than 4 consecutive years in duration; (ii) in the case 15 of an applicant for a license as an esthetics teacher, the 16 applicant shall again take and complete a programtotalof 17 750 hours of teacher training in a school of cosmetology 18 approved to teach esthetics or a school of esthetics, except 19 that if the applicant had 2 years of practical experience as 20 a licensed cosmetologist or esthetician within 5 years 21 preceding the initial examination taken by the applicant, the 22 applicant must again take and complete a program of 500 hours 23 of teacher training in licensed cosmetology or a licensed 24 esthetics school; or (iii) in the case of an applicant for a 25 license as an esthetics clinic teacher, the applicant shall 26 again take and complete a programtotalof 250 hours of 27 clinic teacher training in a licensed school of cosmetology 28 or a licensed school of esthetics. 29 (b) Each applicant shall be given a written examination 30 testing both theoretical and practical knowledge which shall 31 include, but not be limited to, questions that determine the 32 applicant's knowledge of: 33 (1) product chemistry; 34 (2) sanitary rules and regulations; SB1339 Engrossed -13- LRB9111014LDpk 1 (3) sanitary procedures; 2 (4) chemical service procedures; 3 (5) knowledge of the anatomy of the skin, as it 4 relates to applicable services under this Act; 5 (6) the provisions and requirements of this Act; 6 and 7 (7) labor and compensation laws. 8 (c) The examination of applicants for licensure as an 9 esthetics teacher may include all of the above and may also 10 include: 11 (1) teaching methodology; 12 (2) classroom management; and 13 (3) record keeping and any other subjects that the 14 Department may deem necessary to insure competent 15 performance. 16 (d) This Act does not prohibit the practice of esthetics 17 by one who has applied in writing to the Department, in form 18 and substance satisfactory to the Department, for a license 19 as an esthetician, an esthetics teacher, or an esthetics 20 clinic teacher and has complied with all the provisions of 21 this Act in order to qualify for a license, except the 22 passing of an examination to be eligible to receive such 23 license certificate, until: (i) the expiration of 6 months 24 after the filing of such written application, or (ii) the 25 decision of the Department that the applicant has failed to 26 pass an examination within 6 months or failed without an 27 approved excuse to take an examination conducted within 6 28 months by the Department, or (iii) the withdrawal of the 29 application. 30 (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.) 31 (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1) 32 Sec. 3C-1. Definitions. "Nail technician" means any 33 person who for compensation manicures, pedicures, or SB1339 Engrossed -14- LRB9111014LDpk 1 decorates nails, applies sculptured or otherwise artificial 2 nails by hand or with mechanical or electrical apparatus or 3 appliances, or in any way cares for the nails or the skin of 4 the hands or feet including massaging the hands, arms, 5 elbows, feet, lower legs, and knees of another person for 6 other than the treatment of medical disorderstherapeutic7purposes. 8 However, nail technicians are prohibited from performing 9 any procedure that may puncture the skin or which may draw 10 blood or serous body fluid. The term nail technician 11 includes rendering advice on what is cosmetically appealing, 12 but no person licensed under this Act shall render advice on 13 what is appropriate medical treatment for diseases of the 14 nails or skin. 15 "Nail technician teacher" means an individual licensed by 16 the Department to provide instruction in the theory and 17 practice of nail technology to students in an approved nail 18 technology school. 19 "Licensed nail technology clinic teacher" means an 20 individual licensed by the Department to practice nail 21 technology as defined in this Act and to provide clinical 22 instruction in the practice of nail technology in an approved 23 school of cosmetology or an approved school of nail 24 technology. 25 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 26 (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3) 27 Sec. 3C-3. Licensure as a nail technology teacher or 28 nail technology clinic teacher; qualifications. 29 (a) A person is qualified to receive a license as a nail 30 technology teacher if that person has filed an application on 31 forms provided by the Department, paid the required fee, and: 32 (1) is at least 18 years of age; 33 (2) has graduated from high school or its SB1339 Engrossed -15- LRB9111014LDpk 1 equivalent; 2 (3) has a current license as a cosmetologist or 3 nail technician; 4 (4) has either: (1) completed a program of 500 5 hours of teacher training in a licensed school of nail 6 technology or cosmetology, and had 2 years of practical 7 experience as a nail technician; or (2) has completed a 8 program of 625 hours of teacher training in a licensed 9 school of cosmetology approved to teach nail technology 10 or school of nail technology; and 11 (5) who has passed an examination authorized by the 12 Department to determine fitness to receive a license as a 13 cosmetology or nail technology teacher. 14 (b) A person is qualified to receive a license as a nail 15 technology clinic teacher if that person has applied in 16 writing on forms supplied by the Department, paid the 17 required fees, and: 18 (1) is at least 18 years of age; 19 (2) has graduated from high school or its 20 equivalent; 21 (3) has a current license as a licensed 22 cosmetologist or nail technician; 23 (4) has completed a program of 250 hours of clinic 24 teacher training in a licensed school of cosmetology or a 25 licensed nail technology school and had 2 years of 26 practical experience as a licensed cosmetologist or nail 27 technician within 5 years preceding the examination; 28 (5) has passed an examination authorized by the 29 Department to determine fitness to receive a license as a 30 licensed cosmetology teacher or licensed nail technology 31 teacher; 32 (6) demonstrates, to the satisfaction of the 33 Department, current skills in the use of machines used in 34 the practice of nail technology; and SB1339 Engrossed -16- LRB9111014LDpk 1 (7) has met any other requirements required by this 2 Act. 3 (c) An applicant who receives a license as a nail 4 technology teacher or nail technology clinic teacher shall 5 not be required to maintain a license as a nail technician. 6 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 7 (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7) 8 Sec. 3C-7. Examinations; failure or refusal to take 9 examination. The Department shall authorize examinations of 10 applicants for licenses as nail technicians and teachers of 11 nail technology at the times and places as it may determine. 12 The Department shall authorize not less than 4 13 examinations for licenses as nail technicians, and nail 14 technology teachers in a calendar year. 15 If an applicant neglects, fails without an approved 16 excuse, or refuses to take the next available examination 17 offered for licensure under this Act, the fee paid by the 18 applicant shall be forfeited to the Department and the 19 application denied. If an applicant fails to pass an 20 examination for licensure under this Act within 3 years after 21 filing an application, the application shall be denied. 22 Nevertheless, the applicant may thereafter make a new 23 application for examination, accompanied by the required fee, 24 if he or she meets the requirements in effect at the time of 25 reapplication. If an applicant for licensure as a nail 26 technician, nail technology teacher, or nail technology 27 clinic teacher is unsuccessful at 3 examinations conducted by 28 the Department, the applicant shall, before taking a 29 subsequent examination, furnish evidence of successfully 30 completing (i) for a nail technician, not less than 60 hours 31 of additional study of nail technology in a licensed school 32 of cosmetology approved to teach nail technology or nail 33 technology and (ii) for a nail technology teacher or nail SB1339 Engrossed -17- LRB9111014LDpk 1 technology clinic teacher, not less than 80 hours of 2 additional study in teaching methodology and educational 3 psychology in an approved school of cosmetology or nail 4 technology since the applicant last took the examination. 5 An applicant who fails the fourth examination shall not 6 again be admitted to an examination unless: (i) in the case 7 of an applicant for a license as a nail technician, the 8 applicant again takes and completes a total of 350 hours in 9 the study of nail technology in an approved school of 10 cosmetology or nail technology extending over a period that 11 commences after the applicant fails to pass the fourth 12 examination and that is not less than 8 weeks nor more than 2 13 consecutive years in duration; or (ii) in the case of an 14 applicant for licensure as a nail technology teacher, the 15 applicant again takes and completes a programtotalof 625 16 hours of teacher training in an approved school of 17 cosmetology, or nail technology, except that if the applicant 18 had 2 years of practical experience as a licensed nail 19 technician within 5 years preceding the initial examination 20 taken by the applicant, the applicant must again take and 21 complete a program of 500 hours of teacher training in a 22 licensed school of cosmetology approved to teach nail 23 technology, or a licensed school of nail technology or a 24 program of 250 hours of clinic teacher training in a licensed 25 school of cosmetology. 26 Each applicant for licensure as a nail technician shall 27 be given a written examination testing both theoretical and 28 practical knowledge, which shall include, but not be limited 29 to, questions that determine the applicant's knowledge of 30 product chemistry, sanitary rules, sanitary procedures, 31 hazardous chemicals and exposure minimization, this Act, and 32 labor and compensation laws. 33 The examination for licensure as a nail technology 34 teacher or nail technology clinic teacher may include SB1339 Engrossed -18- LRB9111014LDpk 1 knowledge of the subject matter, teaching methodology, 2 classroom management, record keeping, and any other subjects 3 that the Department in its discretion may deem necessary to 4 insure competent performance. 5 This Act does not prohibit the practice of nail 6 technology by a person who has applied in writing to the 7 Department, in form and substance satisfactory to the 8 Department, for a license as a nail technician, or the 9 teaching of nail technology by one who has applied in writing 10 to the Department, in form and substance satisfactory to the 11 Department, for a license as a nail technology teacher or 12 nail technology clinic teacher, if the person has complied 13 with all the provisions of this Act in order to qualify for a 14 license, except the passing of an examination to be eligible 15 to receive a license, until: (a) the expiration of 6 months 16 after the filing of the written application, or (b) the 17 decision of the Department that the applicant has failed to 18 pass an examination within 6 months or failed without an 19 approved excuse to take an examination conducted within 6 20 months by the Department, or (c) the withdrawal of the 21 application. 22 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97; 23 90-302, eff. 8-1-97.) 24 (225 ILCS 410/4-23) 25 Sec. 4-23. Penalties for failure to receive required 26 continuing education credits. 27 (a) In the first 2-year cycle in which a licensee does 28 not obtain his or her continuing education hours, the 29 Department shall place him or her on probation. If the 30 licensee does obtain his or her continuing education hours 31 prior to his or her next renewal, the Department shall 32 restore his or her license to good standing. 33 (b) In the second consecutive 2-year cycle in which a SB1339 Engrossed -19- LRB9111014LDpk 1 licensee does not obtain his or her continuing education 2 hours, he or she shall be placed or continuedcontinueon 3 probation, be fined, and be issued notice by the Department 4 that license revocation will occur if he or she does not 5 receive the continuing education hours required prior to his 6 or her next renewal. If the licensee does obtain his or her 7 continuing education hours prior to his or her next renewal, 8 he or she shall remain on probation but shall not be fined 9 pursuant to subsection (a). 10 (c) In the third consecutive 2-year cycle in which a 11 licensee does not obtain his or her continuing education 12 hours, his or her license shall be revoked. The Department 13 shall promulgate rules and regulations governing the 14 reissuance of a license that has been revoked. These rules 15 and regulations shall take into account that the licensee 16 already has been licensed and received the training necessary 17 for such a license. 18 (d) This Section shall not apply to any person who has 19 applied for a waiver of the continuing education requirements 20 under Section 3-7, 3A-6, or 3C-8 of this Act. 21 (Source: P.A. 89-706, eff. 1-31-97.)