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Illinois General Assembly· HB 3460Governor Approved

COSMETOLOGY/BARBER-APPRENTICES, the official text

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HB3460 Enrolled                     LRB104 10369 AAS 20444 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Barber, Cosmetology, Esthetics, Hair

5 Braiding, and Nail Technology Act of 1985 is amended by

6 changing Sections 1-4, 1-7, 1-7.5, 2-2, 2-7, 3-2, 3-6, 3A-2,

7 3A-5, 3B-4, 3C-2, 3C-7, 3E-2, and 4-1 and by adding Sections

8 1-15 and 3E-8 as follows:

9   (225 ILCS 410/1-4)

10  (Section scheduled to be repealed on January 1, 2031)

11  Sec. 1-4. Definitions. In this Act the following words

12 shall have the following meanings:

13  "Address of record" means the designated address recorded

14 by the Department in the applicant's application file or the

15 licensee's license file, as maintained by the Department's

16 licensure maintenance unit.

17  "Apprentice" means a person who is employed under an

18 apprenticeship agreement with a licensed salon or shop and is

19 participating in an apprenticeship program.

20  "Apprenticeship program" means a program where an

21 apprentice receives supplemental instruction established by

22 rule and the required practical training for licensure as a

23 cosmetologist, barber, esthetician, hair braider, or nail
    HB3460 Enrolled              -2-    LRB104 10369 AAS 20444 b

1 technician in a licensed salon or shop and under the

2 supervision of a licensed professional within the scope of

3 practice of the license the apprentice seeks to obtain.

4   "Board" means the Barber, Cosmetology, Esthetics, Hair

5 Braiding, and Nail Technology Board.

6   "Department" means the Department of Financial and

7 Professional Regulation.

8   "Email address of record" means the designated email

9 address recorded by the Department in the applicant's

10 application file or the licensee's license file, as maintained

11 by the Department's licensure maintenance unit.

12  "Licensed barber" means an individual licensed by the

13 Department to practice barbering as defined in this Act and

14 whose license is in good standing.

15  "Licensed cosmetologist" means an individual licensed by

16 the Department to practice cosmetology, nail technology, hair

17 braiding, and esthetics as defined in this Act and whose

18 license is in good standing.

19  "Licensed esthetician" means an individual licensed by the

20 Department to practice esthetics as defined in this Act and

21 whose license is in good standing.

22  "Licensed nail technician" means an individual licensed by

23 the Department to practice nail technology as defined in this

24 Act and whose license is in good standing.

25  "Licensed barber teacher" means an individual licensed by

26 the Department to practice barbering as defined in this Act
    HB3460 Enrolled           -3-  LRB104 10369 AAS 20444 b

1 and to provide instruction in the theory and practice of

2 barbering to students in a licensed barber school.

3   "Licensed cosmetology teacher" means an individual

4 licensed by the Department to practice cosmetology, esthetics,

5 hair braiding, and nail technology as defined in this Act and

6 to provide instruction in the theory and practice of

7 cosmetology, esthetics, hair braiding, and nail technology to

8 students in a licensed cosmetology, esthetics, hair braiding,

9 or nail technology school.

10  "Licensed cosmetology clinic teacher" means an individual

11 licensed by the Department to practice cosmetology, esthetics,

12 hair braiding, and nail technology as defined in this Act and

13 to provide clinical instruction in the practice of

14 cosmetology, esthetics, hair braiding, and nail technology in

15 a licensed school of cosmetology, esthetics, hair braiding, or

16 nail technology.

17  "Licensed esthetics teacher" means an individual licensed

18 by the Department to practice esthetics as defined in this Act

19 and to provide instruction in the theory and practice of

20 esthetics to students in a licensed cosmetology or esthetics

21 school.

22  "Licensed hair braider" means an individual licensed by

23 the Department to practice hair braiding as defined in this

24 Act and whose license is in good standing.

25  "Licensed hair braiding teacher" means an individual

26 licensed by the Department to practice hair braiding and to
    HB3460 Enrolled    -4-  LRB104 10369 AAS 20444 b

1 provide instruction in the theory and practice of hair

2 braiding to students in a licensed cosmetology or hair

3 braiding school.

4   "Licensed nail technology teacher" means an individual

5 licensed by the Department to practice nail technology and to

6 provide instruction in the theory and practice of nail

7 technology to students in a licensed nail technology or

8 cosmetology school.

9   "Licensed continuing education sponsor" means an entity

10 that is authorized by the Department to coordinate and present

11 continuing education courses or programs for cosmetologists,

12 cosmetology teachers, cosmetology clinic teachers,

13 estheticians, esthetics teachers, nail technicians, nail

14 technology teachers, hair braiders, and hair braiding

15 teachers.

16  "Licensed school" means a postsecondary educational

17 institution of cosmetology, barbering, esthetics, nail

18 technology, or hair braiding that is authorized by the

19 Department to provide a postsecondary education program in

20 compliance with the requirements of this Act.

21  "Enrollment date" is the date upon which the student signs

22 an enrollment agreement or student contract.

23  "Enrollment agreement" or "student contract" is any

24 agreement, instrument, or contract however named, which

25 creates or evidences an obligation binding a student to

26 purchase a course of instruction from a school.
    HB3460 Enrolled  -5-                   LRB104 10369 AAS 20444 b

1   "Enrollment time" means the maximum number of hours a

2 student could have attended class, whether or not the student

3 did in fact attend all those hours.

4   "Elapsed enrollment time" means the enrollment time

5 elapsed between the actual starting date and the date of the

6 student's last day of physical attendance in the school.

7   "Mobile shop or salon" means a self-contained facility

8 that may be moved, towed, or transported from one location to

9 another and in which barbering, cosmetology, esthetics, hair

10 braiding, or nail technology is practiced.

11  "Public member" means a person on the Board who is not a

12 current or former licensed cosmetologist, barber, esthetician,

13 nail technician, or hair braider, teacher of barbering,

14 cosmetology, esthetics, nail technology, or hair braiding, or

15 owner of a business that employs professionals licensed to

16 provide services under this Act, a school licensed under this

17 Act, or a continuing education sponsor licensed under this

18 Act. "Public member" does not include any person with a

19 significant financial interest in salons, shops, schools,

20 continuing education sponsors, or products relating to

21 cosmetology, barbering, esthetics, nail technology, or hair

22 braiding.

23  "Secretary" means the Secretary of the Department of

24 Financial and Professional Regulation.

25  "Threading" means any technique that results in the

26 removal of superfluous hair from the body by twisting thread
   HB3460 Enrolled  -6-  LRB104 10369 AAS 20444 b

1 around unwanted hair and then pulling it from the skin; and may
2 also include the incidental trimming of eyebrow hair.
3 (Source: P.A. 104-153, eff. 1-1-26.)

4  (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)

5  (Section scheduled to be repealed on January 1, 2031)

6  Sec. 1-7. Licensure required; renewal; restoration.

7  (a) It is unlawful for any person to practice, or to hold

8 oneself out to be a cosmetologist, esthetician, nail

9 technician, hair braider, or barber without a license as a

10 cosmetologist, esthetician, nail technician, hair braider or

11 barber issued by the Department pursuant to the provisions of

12 this Act and of the Civil Administrative Code of Illinois. It

13 is also unlawful for any person, firm, partnership, limited

14 liability company, professional limited liability company,

15 corporation, or professional service corporation to own,

16 operate, or conduct a cosmetology, esthetics, nail technology,

17 hair braiding, or barber school without a license issued by

18 the Department or to own or operate a cosmetology, esthetics,

19 nail technology, or hair braiding salon, barber shop, or other

20 business subject to the registration requirements of this Act

21 without a certificate of registration issued by the Department

22 or to present continuing education courses or programs to

23 cosmetologists, estheticians, nail technicians, hair braiders,

24 or teachers of these professions without a license issued by

25 the Department. It is further unlawful for any person to teach
   HB3460 Enrolled  -7-              LRB104 10369 AAS 20444 b

1 in any cosmetology, esthetics, nail technology, hair braiding,

2 or barber college or school licensed by the Department or hold

3 himself or herself out as a cosmetology, esthetics, hair

4 braiding, nail technology, or barber teacher without a license

5 as a teacher, issued by the Department or as a cosmetology

6 clinic teacher without a license as a cosmetology clinic

7 teacher issued by the Department.

8  (b) Notwithstanding any other provision of this Act, a

9 person licensed as a cosmetologist may hold oneself out as an

10 esthetician and may engage in the practice of esthetics, as

11 defined in this Act, without being licensed as an esthetician.

12 A person licensed as a cosmetology teacher may teach esthetics

13 or hold oneself out as an esthetics teacher without being

14 licensed as an esthetics teacher. A person licensed as a

15 cosmetologist may hold oneself out as a nail technician and

16 may engage in the practice of nail technology, as defined in

17 this Act, without being licensed as a nail technician. A

18 person licensed as a cosmetology teacher may teach nail

19 technology and hold oneself out as a nail technology teacher

20 without being licensed as a nail technology teacher. A person

21 licensed as a cosmetologist may hold oneself out as a hair

22 braider and may engage in the practice of hair braiding, as

23 defined in this Act, without being licensed as a hair braider.

24 A person licensed as a cosmetology teacher may teach hair

25 braiding and hold oneself out as a hair braiding teacher

26 without being licensed as a hair braiding teacher.
    HB3460 Enrolled  -8-  LRB104 10369 AAS 20444 b

1   (c) A person licensed as a barber teacher may hold oneself

2 out as a barber and may practice barbering without a license as

3 a barber. A person licensed as a cosmetology teacher may hold

4 oneself out as a cosmetologist, esthetician, hair braider, and

5 nail technologist and may practice cosmetology, esthetics,

6 hair braiding, and nail technology without a license as a

7 cosmetologist, esthetician, hair braider, or nail

8 technologist. A person licensed as an esthetics teacher may

9 hold oneself out as an esthetician without being licensed as

10 an esthetician and may practice esthetics. A person licensed

11 as a nail technician teacher may practice nail technology and

12 may hold oneself out as a nail technologist without being

13 licensed as a nail technologist. A person licensed as a hair

14 braiding teacher may practice hair braiding and may hold

15 oneself out as a hair braider without being licensed as a hair

16 braider.

17  (c-5) A person with an active license as a cosmetologist

18 may obtain or restore an additional license as an esthetician,

19 nail technician, or hair braider without having to complete

20 the additional licensure requirements for each profession,

21 other than payment of the fee, by filing an application

22 provided by the Department for each additional license. A

23 person with an active license as a cosmetology teacher may

24 obtain or restore an additional license as an esthetics

25 teacher, nail technology teacher, or hair braider teacher

26 without having to complete the additional licensure
HB3460 Enrolled  -9-  LRB104 10369 AAS 20444 b

 1 requirements for each profession, other than payment of the
 2 fee, by filing an application provided by the Department for
 3 each additional license. A person with an active license as a
 4 cosmetology teacher may obtain or restore an additional
 5 license as a cosmetologist, esthetician, nail technician, or
 6 hair braider without having to complete the additional
 7 licensure requirements for each profession, other than payment
 8 of the fee, by filing an application provided by the
 9 Department for each additional license. A person with an
10 active license as a barber teacher may also obtain or restore a
11 barber license without having to complete the additional
12 licensure requirements, other than payment of the fee, by
13 filing an application provided by the Department. A person
14 with an active license as an esthetics teacher may also obtain
15 or restore an esthetician license without having to complete
16 the additional licensure requirements, other than payment of
17 the fee, by filing an application provided by the Department.
18 A person with an active license as a nail technology teacher
19 may also obtain or restore a nail technician license without
20 having to complete the additional licensure requirements,
21 other than payment of the fee, by filing an application
22 provided by the Department. A person with an active license as
23 a hair braiding teacher may also obtain or restore a hair
24 braider license without having to complete the additional
25 licensure requirements, other than payment of the fee, filing
26 an application provided by the Department. The Department may
   HB3460 Enrolled              - 10 - LRB104 10369 AAS 20444 b

1 provide for other requirements for obtaining or restoring

2 additional licenses by rule.

3  (d) The holder of a license issued under this Act may renew

4 that license during the month preceding the expiration date of

5 the license by paying the required fee.

6  (e) The expiration date, renewal period, and conditions

7 for renewal and restoration of each license shall be

8 established by rule.

9  (f) A license issued under the provisions of this Act as a

10 barber, barber teacher, cosmetologist, cosmetology teacher,

11 cosmetology clinic teacher, esthetician, esthetics teacher,

12 nail technician, nail technician teacher, hair braider, or

13 hair braiding teacher that has expired while the holder of the

14 license was engaged (1) in federal service on active duty with

15 the Army, Navy, Marine Corps, Air Force, Space Force, or Coast

16 Guard of the United States of America, or any Women's

17 Auxiliary thereof, or the State Militia called into the

18 service or training of the United States of America or (2) in

19 training or education under the supervision of the United

20 States preliminary to induction into the military service, may

21 be reinstated or restored without payment of any lapsed

22 renewal fees, reinstatement fee, or restoration fee if within

23 2 years after the termination of such service, training, or

24 education other than by dishonorable discharge, the holder

25 furnishes the Department with an affidavit to the effect that

26 the holder has been so engaged and that the holder's service,
   HB3460 Enrolled  - 11 - LRB104 10369 AAS 20444 b

1 training, or education has been so terminated.

2  (g) In this subsection, "person who is incarcerated" means

3 a person who is committed to the Illinois Department of

4 Corrections, a county jail, a county department of

5 corrections, or a Federal Bureau of Prisons facility located

6 in this State.

7  An application shall not be automatically placed on hold,

8 delayed, denied, or otherwise not processed by the Department

9 because it was submitted by a person who is incarcerated. The

10 Department shall process applications for licensure, including

11 for the renewal, endorsement, or restoration of a license,

12 submitted by a person who is incarcerated without any

13 additional requirements or delays, and the Department shall

14 issue licenses to, and renew and restore the licenses of, a

15 person who is incarcerated, who has submitted an application,

16 and who otherwise qualifies for licensure. The Department may

17 waive the 3-year time limitations under subsections (c) and

18 (d) of Section 4-5 and any continuing education requirements

19 for a person who is incarcerated. When determining the

20 qualifications of a person who is incarcerated for licensure,

21 including the renewal, endorsement, and restoration of a

22 license, the Department shall consider any relevant experience

23 that was supervised by a licensee in the same manner as

24 training and experience gained in another jurisdiction.

25 (Source: P.A. 103-746, eff. 1-1-25; 104-153, eff. 1-1-26.)
    HB3460 Enrolled          - 12 - LRB104 10369 AAS 20444 b

1   (225 ILCS 410/1-7.5)

2   (Section scheduled to be repealed on January 1, 2031)

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

4   (a) Except for a person who is an apprentice and working in

5 the salon or shop that is part of the person's apprenticeship

6 program or a student at a licensed school working in the school

7 clinic or at a licensed salon or shop in an internship program,

8 any Any person who practices, offers to practice, attempts to

9 practice, or holds oneself out to practice barbering,

10 cosmetology, esthetics, hair braiding, or nail technology

11 without being licensed under this Act shall, in addition to

12 any other penalty provided by law, pay a civil penalty to the

13 Department in an amount not to exceed $5,000 for each offense

14 as determined by the Department. The civil penalty shall be

15 assessed by the Department after a hearing is held in

16 accordance with the provisions set forth in this Act regarding

17 disciplining a licensee.

18  (b) The Department has the authority and power to

19 investigate any and all unlicensed activity.

20  (c) The civil penalty shall be paid within 60 days after

21 the effective date of the order imposing the civil penalty.

22 The order shall constitute a judgment and may be filed and

23 execution had thereon in the same manner as any judgment from

24 any court of record.

25 (Source: P.A. 104-153, eff. 1-1-26.)
    HB3460 Enrolled          - 13 - LRB104 10369 AAS 20444 b

1   (225 ILCS 410/1-15 new)

2   Sec. 1-15. Apprenticeship.

3   (a) All apprentices shall be employed under an

4 apprenticeship agreement between the sponsoring salon or shop

5 and the apprentice. All apprentices shall, at a minimum, be

6 compensated at the rate of the minimum wage of this State, and

7 the agreement between the sponsoring salon or shop and the

8 apprentice shall include provisions for increases in wages as

9 the apprentice gains competency and experience and for the

10 apprentice to be offered employment or employment opportunity

11 assistance by the sponsoring salon, shop, or supervising

12 professional licensed under this Act, if feasible, after the

13 completion of the apprenticeship program.

14  (b) Apprentices for cosmetology or barbering shall receive

15 at least 3,000 hours of practical training from a sponsoring

16 licensed salon or shop, including 180 hours of related

17 supplemental instruction from a licensed salon or shop or a

18 licensed school, as established by rule, to complete the

19 apprenticeship program and be eligible to take the examination

20 for a cosmetologist or barber license.

21  (c) Apprentices for an esthetician license shall receive

22 at least 1,500 hours of practical training from a sponsoring

23 licensed salon or shop, including 90 hours of related

24 supplemental instruction from a licensed salon or shop or a

25 licensed school, as established by rule, to complete the

26 apprenticeship program and be eligible to take the examination
    HB3460 Enrolled              - 14 - LRB104 10369 AAS 20444 b

1 for an esthetician license.

2   (d) Apprentices for a nail technician license shall

3 receive at least 700 hours of practical training from a

4 sponsoring licensed salon or shop, including 42 hours of

5 related supplemental instruction from a licensed salon or shop

6 or a licensed school, as established by rule, to complete the

7 apprenticeship program and be eligible to take the examination

8 for a nail technician license.

9   (e) Apprentices for a hair braiding license shall receive

10 at least 600 hours of practical training from a sponsoring

11 licensed salon or shop, including 36 hours of related

12 supplemental instruction from a licensed salon or shop or a

13 licensed school, as established by rule, to complete the

14 apprenticeship program and be eligible to take the examination

15 for a hair braiding license.

16  (f) An apprentice under this Section shall only provide

17 services under the supervision of an actively licensed

18 cosmetologist, barber, esthetician, hair braider, or nail

19 technician, and the services provided by the apprentice shall

20 only be within the scope of services for which the supervising

21 licensed professional is licensed to practice.

22  (g) A supervising licensed professional must have at least

23 3 years of licensed experience or hold a teacher license for

24 the same profession that the apprentice is seeking to be

25 licensed in. The supervising licensed professional's license

26 must be active at all times when supervising any apprentice,
    HB3460 Enrolled  - 15 - LRB104 10369 AAS 20444 b

1 and the supervising licensed professional must not have any

2 disciplinary history on his or her license in the previous 10

3 years, except for discipline as a result of owing taxes or

4 child support, to be able to participate in the apprenticeship

5 program. Any licensed salon or shop participating in an

6 apprenticeship program must also display a sign in the area

7 where patrons enter that notifies patrons that an apprentice

8 is working there.

9   (h) Apprentices shall be trained in all branches of

10 practical work and related supplemental instruction for the

11 scope of practice for the license the apprentice seeks to

12 obtain. The salon or shop owner and licensed supervising

13 professional are responsible for ensuring the education,

14 training, skills, and competence of the persons who provide

15 services in the salon or shop.

16  (225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)

17  (Section scheduled to be repealed on January 1, 2031)

18  Sec. 2-2. Licensure as a barber; qualifications. A person

19 is qualified to receive a license as a barber if that person

20 has applied in writing or electronically on forms provided by

21 the Department, has paid the required fees, and:

22  a. Is at least 16 years of age; and

23  b. Has a certificate of graduation from a school

24  providing secondary education, or the recognized

25  equivalent of such a certificate, or persons who are
    HB3460 Enrolled  - 16 - LRB104 10369 AAS 20444 b

1   beyond the age of compulsory school attendance; and

2   c. Has graduated from a licensed school of barbering

3   or school of cosmetology, having completed a total of 1500

4   hours in the study of barbering extending over a period of

5   not less than 9 months, or has completed 3,000 hours in an

6   apprenticeship program for barbers under Section 1-15. A

7   licensed school of barbering may, at its discretion,

8   consistent with the rules of the Department, accept up to

9   1,000 hours of cosmetology school training at a licensed

10  cosmetology school toward the 1500 hour course requirement

11  of barbering. Time spent in such study under the laws of

12  another state or territory of the United States or of a

13  foreign country or province shall be credited toward the

14  period of study required by the provisions of this

15  paragraph; and

16  d. Has passed an examination caused to be conducted by

17  the Department or its designated testing service to

18  determine fitness to receive a license as a barber; and

19  e. Has met all other requirements of this Act or by

20  rule.

21 (Source: P.A. 104-153, eff. 1-1-26.)

22  (225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)

23  (Section scheduled to be repealed on January 1, 2031)

24  Sec. 2-7. Examination of applicants. The Department shall

25 hold examinations of applicants for licensure as barbers and
    HB3460 Enrolled    - 17 - LRB104 10369 AAS 20444 b

1 barber teachers at such times and places as it may determine.

2 Upon request, the examinations shall be administered in

3 Spanish and any other language as determined by the Department

4 to be necessary pursuant to the Language Equity and Access

5 Act.

6   Each applicant shall be given an examination testing both

7 theoretical and practical knowledge of the following subjects

8 insofar as they are related and applicable to the practice of

9 barber science and art: (1) anatomy, (2) physiology, (3) skin

10 diseases, (4) hygiene and sanitation, (5) barber history, (6)

11 this Act and the rules for the administration of this Act, (7)

12 hair cutting and styling, (8) shaving, shampooing, and

13 permanent waving, (9) massaging, (10) bleaching, tinting, and

14 coloring, and (11) implements.

15  The examination of applicants for licensure as a barber

16 teacher shall include: (a) practice of barbering and styling,

17 (b) theory of barbering, (c) methods of teaching, and (d)

18 school management.

19  An applicant for licensure as a barber who has completed

20 1,200 hours in the study of barbering may take the

21 examination. If an applicant for licensure as a barber fails

22 to pass 3 examinations conducted by the Department, the

23 applicant shall, before taking a subsequent examination,

24 furnish evidence of not less than 100 hours of additional

25 study of barbering in a licensed school of barbering or

26 cosmetology since the applicant last took the examination. If
    HB3460 Enrolled     - 18 - LRB104 10369 AAS 20444 b

 1 an applicant for licensure as a barber teacher fails to pass 3
 2 examinations conducted by the Department, the applicant shall,
 3 before taking a subsequent examination, furnish evidence of
 4 not less than 80 hours of additional study in teaching
 5 methodology and educational psychology in a licensed school of
 6 barbering or cosmetology since the applicant last took the
 7 examination. The requirements for remedial training set forth
 8 in this Section may be waived in whole or in part by the
 9 Department upon proof to the Department that the applicant has
10 demonstrated competence to again sit for the examination or if
11 the Department otherwise determines a waiver is appropriate.
12 The Department shall adopt rules establishing standards by
13 which this determination shall be made.
14 (Source: P.A. 104-153, eff. 1-1-26.)

15  (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)

16  (Section scheduled to be repealed on January 1, 2031)

17  Sec. 3-2. Licensure; qualifications.

18  (1) A person is qualified to receive a license as a

19 cosmetologist who has filed an application in writing or

20 electronically on forms provided by the Department, pays the

21 required fees, and:

22  a. Is at least 16 years of age; and

23  b. Is beyond the age of compulsory school attendance

24  or has received a certificate of graduation from a school

25  providing secondary education, or the recognized
    HB3460 Enrolled          - 19 - LRB104 10369 AAS 20444 b

1   equivalent of that certificate; and

2   c. Has graduated from a licensed school of

3   cosmetology, having completed a program of 1,500 hours in

4   the study of cosmetology extending over a period of not

5   less than 8 months, or has completed 3,000 in an

6   apprenticeship program for cosmetologists under Section

7   1-15. A licensed school of cosmetology may, at its

8   discretion, consistent with the rules of the Department,

9   accept up to 1,000 hours of barber school training at a

10  licensed barber school toward the 1,500 hour program

11  requirement of cosmetology. Time spent in such study under

12  the laws of another state or territory of the United

13  States or of a foreign country or province shall be

14  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 eligibility to receive a license

18  as a cosmetologist; and

19  e. Has met any other requirements set forth in this

20  Act or by rule.

21  (2) (Blank).

22 (Source: P.A. 104-153, eff. 1-1-26.)

23  (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)

24  (Section scheduled to be repealed on January 1, 2031)

25  Sec. 3-6. Examination. The Department shall authorize
HB3460 Enrolled  - 20 - LRB104 10369 AAS 20444 b

 1 examinations of applicants for licensure as cosmetologists and
 2 teachers of cosmetology at the times and places it may
 3 determine. Upon request, the examinations shall be
 4 administered in Spanish and any other language as may be
 5 determined by the Department to be necessary pursuant to the
 6 Language Equity and Access Act. The Department may provide by
 7 rule for the administration of the examination prior to the
 8 completion of the applicant's program of training as required
 9 in Section 3-2, 3-3, or 3-4. Notwithstanding Section 3-2, 3-3,
10 or 3-4, an applicant for licensure as a cosmetologist who has
11 completed 1,200 hours in the study of cosmetology may take the
12 examination. If an applicant for licensure as a cosmetologist
13 fails to pass 3 examinations conducted by the Department, the
14 applicant shall, before taking a subsequent examination,
15 furnish evidence of not less than 100 hours of additional
16 study of cosmetology in a licensed school of cosmetology since
17 the applicant last took the examination. If an applicant for
18 licensure as a cosmetology teacher fails to pass 3
19 examinations conducted by the Department, the applicant shall,
20 before taking a subsequent examination, furnish evidence of
21 not less than 80 hours of additional study in teaching
22 methodology and educational psychology in a licensed school of
23 cosmetology since the applicant last took the examination. The
24 requirements for remedial training set forth in this Section
25 may be waived in whole or in part by the Department upon proof
26 to the Department that the applicant has demonstrated
    HB3460 Enrolled  - 21 - LRB104 10369 AAS 20444 b

1 competence to again sit for the examination or if the

2 Department otherwise determines a waiver is appropriate. The

3 Department shall adopt rules establishing the standards by

4 which this determination shall be made. Each cosmetology

5 applicant shall be given an examination testing both

6 theoretical and practical knowledge, which shall include, but

7 not be limited to, questions that determine the applicant's

8 knowledge of product chemistry, sanitary rules, sanitary

9 procedures, chemical service procedures, hazardous chemicals

10 and exposure minimization, knowledge of the anatomy of the

11 skin, scalp, hair, and nails as they relate to applicable

12 services under this Act and labor and compensation laws.

13  The examination of applicants for licensure as a

14 cosmetology, esthetics, or nail technology teacher may include

15 all of the elements of the exam for licensure as a

16 cosmetologist, esthetician, or nail technician and also

17 include teaching methodology, classroom management, record

18 keeping, and any other related subjects that the Department in

19 its discretion may deem necessary to ensure competent

20 performance.

21 (Source: P.A. 104-153, eff. 1-1-26.)

22  (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)

23  (Section scheduled to be repealed on January 1, 2031)

24  Sec. 3A-2. Licensure as an esthetician; qualifications. A

25 person is qualified to receive a license as a licensed
    HB3460 Enrolled          - 22 - LRB104 10369 AAS 20444 b

1 esthetician if that person has applied in writing or

2 electronically on forms provided by the Department, paid any

3 required fees, and:

4   a. Is at least 16 years of age; and

5   b. Has a certificate of graduation from a school providing

6 secondary education, or the recognized equivalent of such a

7 certificate, or a person who is beyond the age of compulsory

8 school attendance; and

9   c. Has graduated from a school of cosmetology or esthetics

10 licensed by the Department, having completed a program of 750

11 hours in the study of esthetics extending over a period of not

12 less than 18 weeks, or has completed an apprenticeship program

13 for estheticians under Section 1-15. Time spent in such study

14 under the laws of another state or territory of the United

15 States or of a foreign country or province shall be credited

16 toward the period of study required by the provisions of this

17 paragraph; and

18  d. Has passed an examination authorized by the Department

19 to determine fitness to receive a license as a licensed

20 esthetician; and

21  e. Has met any other requirements of this Act and rules.

22 (Source: P.A. 104-153, eff. 1-1-26.)

23  (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)

24  (Section scheduled to be repealed on January 1, 2031)

25  Sec. 3A-5. Examination.
    HB3460 Enrolled  - 23 - LRB104 10369 AAS 20444 b

1   (a) The Department shall authorize examinations of

2 applicants for a license as an esthetician or teacher of

3 esthetics at such times and places as it may determine. Upon

4 request, the examinations shall be administered in Spanish and

5 any other language as may be determined by the Department to be

6 necessary pursuant to the Language Equity and Access Act. The

7 Department shall authorize no fewer than 4 examinations for a

8 license as an esthetician or a teacher of esthetics in a

9 calendar year. An applicant for licensure as an esthetician

10 who has completed 600 hours in the study of esthetics may take

11 the examination.

12  If an applicant neglects, fails without an approved

13 excuse, or refuses to take the next available examination

14 offered for licensure under this Act, the fee paid by the

15 applicant shall be forfeited to the Department and the

16 application denied. If an applicant fails to pass an

17 examination for licensure under this Act within 3 years after

18 filing his or her application, the application shall be

19 denied. However, such applicant may thereafter make a new

20 application for examination, accompanied by the required fee,

21 if he or she meets the requirements in effect at the time of

22 reapplication. If an applicant for licensure as an esthetician

23 is unsuccessful at 3 examinations conducted by the Department,

24 the applicant shall, before taking a subsequent examination,

25 furnish evidence of not less than 50 hours of additional study

26 of esthetics in a licensed school of cosmetology or esthetics
    HB3460 Enrolled  - 24 - LRB104 10369 AAS 20444 b

1 since the applicant last took the examination. If an applicant

2 for licensure as an esthetics teacher is unsuccessful at 3

3 examinations conducted by the Department, the applicant shall,

4 before taking a subsequent examination, furnish evidence of

5 not less than 50 hours of additional study in teaching

6 methodology and educational psychology in a licensed school of

7 cosmetology or esthetics since the applicant last took the

8 examination. The requirements for remedial training set forth

9 in this Section may be waived in whole or in part by the

10 Department upon proof to the Department that the applicant has

11 demonstrated competence to again sit for the examination or if

12 the Department otherwise determines a waiver is appropriate.

13 The Department shall adopt rules establishing the standards by

14 which this determination shall be made.

15  (b) Each applicant shall be given a written examination

16 testing both theoretical and practical knowledge which shall

17 include, but not be limited to, questions that determine the

18 applicant's knowledge, as provided by rule.

19  (c) The examination of applicants for licensure as an

20 esthetics teacher may include:

21  (1) teaching methodology;

22  (2) classroom management; and

23  (3) record keeping and any other subjects that the

24  Department may deem necessary to ensure competent

25  performance.

26  (d) (Blank).
    HB3460 Enrolled  - 25 - LRB104 10369 AAS 20444 b

1 (Source: P.A. 104-153, eff. 1-1-26.)

2   (225 ILCS 410/3B-4) (from Ch. 111, par. 1703B-4)

3   (Section scheduled to be repealed on January 1, 2031)

4   Sec. 3B-4. Except for the violations enumerated below, any

5 owner, operator or authorized agent of a school who knowingly

6 violates any provision of this Act shall be guilty of a

7 business offense.

8   Any owner, operator or authorized agent of a school who

9 commits any of the following offenses shall be guilty of a

10 Class A misdemeanor for the first offense and a Class 4 felony

11 for the second or subsequent offense:

12  1. Knowingly, and for the purpose of influencing or

13  inducing a person to enroll in the course of instruction

14  offered by the school, makes any false or misleading

15  statements, misrepresentations or false promises to such

16  person regarding opportunities upon graduation from the

17  school for (a) employment in a business, industry or

18  trade, (b) admission to an institution of higher learning,

19  or (c) admission to an occupational licensing examination.

20  2. Knowingly, and with intent to defraud, retains in

21  excess of the school's refund policy prescribed in this

22  Act any unearned tuition or fees paid by a student who has

23  cancelled his enrollment agreement and is entitled to a

24  refund.

25  3. Knowingly, and with intent to defraud,
    HB3460 Enrolled         - 26 - LRB104 10369 AAS 20444 b

1   misrepresents that any student who has cancelled his

2   enrollment agreement is presently enrolled in the school,

3   has completed the course of instruction or has graduated

4   from the school.

5   4. Knowingly uses or attempts to use students in any

6   commercial or manufacturing activity related to the

7   operation of the school and to the school's advantage and

8   profit; except to the extent that the school provides the

9   student with practical experience supplemental to the

10  course of instruction or except in the case of students

11  who are employed by the school and compensated for such

12  employment or who are enrolled in an apprenticeship

13  program.

14 (Source: P.A. 85-1382.)

15  (225 ILCS 410/3C-2) (from Ch. 111, par. 1703C-2)

16  (Section scheduled to be repealed on January 1, 2031)

17  Sec. 3C-2. License; qualifications. A person is qualified

18 to receive a license as a nail technician if that person

19 applies in writing or electronically on forms provided by the

20 Department, pays the required fee, and:

21  (a) Is at least 16 years of age;

22  (b) Is beyond the age of compulsory school attendance

23  or has a certificate of graduation from a school providing

24  secondary education or the recognized equivalent of that

25  certificate;
    HB3460 Enrolled      - 27 - LRB104 10369 AAS 20444 b

1   (c) Has graduated from a licensed school of

2   cosmetology or school of nail technology, having completed

3   a program of 350 hours in the study of nail technology

4   extending over a period of not less than 8 weeks, or has

5   completed an apprenticeship program for nail technicians

6   under Section 1-15;

7   (d) Has passed an examination authorized by the

8   Department to determine eligibility to receive a license

9   as a nail technician; and

10  (e) Has met any other requirements of this Act or any

11  applicable rules.

12  Time spent in the study of nail technology under the laws

13 of another state or territory of the United States, or of a

14 foreign country or province, shall be credited toward the

15 period of study required by the provisions of subsection (c).

16 (Source: P.A. 104-153, eff. 1-1-26.)

17  (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)

18  (Section scheduled to be repealed on January 1, 2031)

19  Sec. 3C-7. Examinations; failure or refusal to take

20 examination. The Department shall authorize examinations of

21 applicants for licenses as nail technicians and teachers of

22 nail technology at the times and places as it may determine.

23 Upon request, the examinations shall be administered in

24 Spanish and any other language as may be determined by the

25 Department to be necessary pursuant to the Language Equity and
   HB3460 Enrolled       - 28 - LRB104 10369 AAS 20444 b

1 Access Act. An applicant for licensure as a nail technician

2 who has completed 280 hours in the study of nail technology may

3 take the examination.

4  The Department shall authorize not less than 4

5 examinations for licenses as nail technicians, and nail

6 technology teachers in a calendar year.

7  If an applicant neglects, fails without an approved

8 excuse, or refuses to take the next available examination

9 offered for licensure under this Act, the fee paid by the

10 applicant shall be forfeited to the Department and the

11 application denied. If an applicant fails to pass an

12 examination for licensure under this Act within 3 years after

13 filing an application, the application shall be denied.

14 Nevertheless, the applicant may thereafter make a new

15 application for examination, accompanied by the required fee,

16 if he or she meets the requirements in effect at the time of

17 reapplication. If an applicant for licensure as a nail

18 technician or nail technology teacher is unsuccessful at 3

19 examinations conducted by the Department, the applicant shall,

20 before taking a subsequent examination, furnish evidence of

21 successfully completing (i) for a nail technician, not less

22 than 24 hours of additional study of nail technology in a

23 licensed school of cosmetology approved to teach nail

24 technology or nail technology and (ii) for a nail technology

25 teacher, not less than 80 hours of additional study in

26 teaching methodology and educational psychology in a licensed
    HB3460 Enrolled      - 29 - LRB104 10369 AAS 20444 b

1 school of cosmetology or nail technology since the applicant

2 last took the examination. The requirements for remedial

3 training set forth in this Section may be waived in whole or in

4 part by the Department upon proof to the Department that the

5 applicant has demonstrated competence to sit for the

6 examination again or if the Department otherwise determines a

7 waiver is appropriate. The Department shall adopt rules

8 establishing the standards by which this determination shall

9 be made.

10  Each applicant for licensure as a nail technician shall be

11 given an examination testing both theoretical and practical

12 knowledge, which shall include, but not be limited to,

13 questions that determine the applicant's knowledge of product

14 chemistry, sanitary rules, sanitary procedures, hazardous

15 chemicals and exposure minimization, this Act, and labor and

16 compensation laws.

17  The examination for licensure as a nail technology teacher

18 may include knowledge of the subject matter, teaching

19 methodology, classroom management, record keeping, and any

20 other subjects that the Department in its discretion may deem

21 necessary to ensure competent performance.

22 (Source: P.A. 104-153, eff. 1-1-26.)

23  (225 ILCS 410/3E-2)

24  (Section scheduled to be repealed on January 1, 2031)

25  Sec. 3E-2. Hair braider licensure; qualifications.
    HB3460 Enrolled  - 30 - LRB104 10369 AAS 20444 b

1   (a) A person is qualified to receive a license as a hair

2 braider if he or she has filed an application in writing or

3 electronically on forms provided by the Department, paid the

4 required fees, and meets the following qualifications:

5   (1) Is at least 16 years of age;

6   (2) Is beyond the age of compulsory school attendance

7   or has received a certificate of graduation from a school

8   providing secondary education, or the recognized

9   equivalent of that certificate;

10  (3) Has completed a program consisting of a minimum of

11  300 clock hours or a 10 credit hour equivalency of

12  instruction, as defined by rule, in a licensed cosmetology

13  school teaching a hair braiding curriculum or in a

14  licensed hair braiding school teaching the hair braiding

15  curriculum set by rule, or has completed an apprenticeship

16  program for hair braiders under Section 1-15; as follows:

17  (A) Basic training consisting of 35 hours of

18  classroom instruction in general theory, practical

19  application, and technical application in the

20  following subject areas: history of hair braiding,

21  personal hygiene and public health, professional

22  ethics, disinfection and sanitation, bacteriology,

23  disorders and diseases of the hair and scalp, OSHA

24  standards relating to material safety data sheets

25  (MSDS) on chemicals, hair analysis and scalp care, and

26  technical procedures;
    HB3460 Enrolled         - 31 - LRB104 10369 AAS 20444 b

1   (B) Related concepts consisting of 35 hours of

2   classroom instruction in the following subject areas:

3   Braid removal and scalp care; basic styling knowledge;

4   tools and equipment; growth patterns, styles and

5   sectioning; client consultation and face shapes; and

6   client education, pre-care, post-care, home care and

7   follow-up services;

8   (C) Practices and procedures consisting of 200

9   hours of instruction, which shall be a combination of

10  classroom instruction and clinical practical

11  application, in the following subject areas: single

12  braids with and without extensions; cornrows with and

13  without extensions; twists and knots; multiple

14  strands; hair locking; weaving/sewn-in; other

15  procedures as they relate to hair-braiding; and

16  product knowledge as it relates to hair braiding; and

17  (D) Business practices consisting of 30 hours of

18  classroom instruction in the following subject areas:

19  Illinois Barber, Cosmetology, Esthetics, Hair

20  Braiding, and Nail Technology Act of 1985 and Rules;

21  salon management; human relations and salesmanship;

22  and Workers' Compensation Act; and

23  (4) Has passed an examination authorized by the

24  Department to determine eligibility to receive a license

25  as a hair braider; and

26  (5) Has met any other requirements of this Act and any
    HB3460 Enrolled    - 32 - LRB104 10369 AAS 20444 b

1   applicable rules.

2   (b) The expiration date and renewal period for each

3 license issued under this Act shall be set by rule.

4   (c) Within 2 years after the effective date of this

5 amendatory Act of the 96th General Assembly, the Department

6 may issue a hair braider license to any applicant who does not

7 meet the requirements of items (2) and (3) of subsection (a) of

8 this Section if the applicant: (1) files an application in

9 accordance with subsection (a), (2) pays the required fee, (3)

10 has not committed an offense that would be grounds for

11 discipline under this Act, and (4) is able to demonstrate to

12 the Department through tax records or affidavits that he or

13 she has practiced hair braiding for at least 2 consecutive

14 years immediately prior to the date of his or her application.

15  A hair braider who obtains his or her license under this

16 subsection (c) may renew his or her license if he or she

17 applies to the Department for renewal and has completed at

18 least 65 hours of relevant training in health, safety,

19 hygiene, and business management in accordance with the

20 requirements of this Section or any rule adopted pursuant to

21 this Section. A hair braider who renews his or her license

22 under this subsection (c) may thereafter only renew his or her

23 license if he or she meets the requirements of Section 3E-5 of

24 this Act.

25 (Source: P.A. 104-153, eff. 1-1-26.)
    HB3460 Enrolled              - 33 - LRB104 10369 AAS 20444 b

1   (225 ILCS 410/3E-8 new)

2   Sec. 3E-8. Examinations; failure or refusal to take

3 examination. The Department shall authorize examinations of

4 applicants for licenses as hair braiders and teachers of hair

5 braiding at the times and places as it may determine. Upon

6 request, the examinations shall be administered in Spanish and

7 any other language as may be determined by the Department to be

8 necessary pursuant to the Language Equity and Access Act.

9   The Department shall authorize not less than 4

10 examinations for licenses as hair braiders and hair braiding

11 teachers in a calendar year.

12  If an applicant neglects, fails without an approved

13 excuse, or refuses to take the next available examination

14 offered for licensure under this Act, the fee paid by the

15 applicant shall be forfeited to the Department and the

16 application denied. If an applicant fails to pass an

17 examination for licensure under this Act within 3 years after

18 filing an application, the application shall expire.

19 Nevertheless, the applicant may thereafter make a new

20 application for examination, accompanied by the required fee,

21 if the applicant meets the requirements in effect at the time

22 of reapplication. If an applicant for licensure as a hair

23 braider and hair braiding teacher is unsuccessful at 3

24 examinations conducted by the Department, the applicant shall,

25 before taking a subsequent examination, furnish evidence of

26 successfully completing: (i) for a hair braider, not less than
    HB3460 Enrolled  - 34 - LRB104 10369 AAS 20444 b

1 20 hours of additional study of hair braiding in a licensed

2 school of cosmetology approved to teach hair braiding or (ii)

3 for a hair braiding teacher, not less than 76 hours of

4 additional study in teaching methodology and educational

5 psychology in a licensed school of cosmetology or hair

6 braiding since the applicant last took the examination. The

7 requirements for remedial training in this Section may be

8 waived in whole or in part by the Department upon submitting

9 proof to the Department that the applicant has demonstrated

10 competence to sit for the examination again or if the

11 Department otherwise determines a waiver is appropriate. The

12 Department shall adopt rules establishing the standards by

13 which this determination shall be made.

14  Each applicant for licensure as a hair braider shall be

15 given an examination testing both theoretical and practical

16 knowledge, which shall include, but not be limited to,

17 questions that determine the applicant's knowledge of sanitary

18 rules, sanitary procedures, hair braiding practices and

19 procedures, diseases and health of the hair and scalp, this

20 Act, and labor and compensation laws.

21  The examination for licensure as a hair braiding teacher

22 may include knowledge of the subject matter, teaching

23 methodology, classroom management, recordkeeping, and any

24 other subjects that the Department in its discretion may deem

25 necessary to ensure competent performance.
    HB3460 Enrolled     - 35 - LRB104 10369 AAS 20444 b

1   (225 ILCS 410/4-1)

2   (Section scheduled to be repealed on January 1, 2031)

3   Sec. 4-1. Powers and duties of Department. The Department

4 shall exercise, subject to the provisions of this Act, the

5 following functions, powers and duties:

6   (1) To cause to be conducted examinations to ascertain

7   the qualifications and fitness of applicants for licensure

8   as cosmetologists, estheticians, nail technicians, hair

9   braiders, or barbers and as cosmetology, esthetics, nail

10  technology, hair braiding, or barber teachers.

11  (2) To determine the qualifications for licensure as

12  (i) a cosmetologist, esthetician, nail technician, hair

13  braider, or barber, or (ii) a cosmetology, esthetics, nail

14  technology, hair braiding, or barber teacher, or (iii) a

15  cosmetology clinic teacher for persons currently holding

16  similar licenses outside the State of Illinois or the

17  continental U.S.

18  (3) To prescribe rules for:

19  (i) The method of examination of candidates for

20  licensure as a cosmetologist, esthetician, nail

21  technician, hair braider, or barber or cosmetology,

22  esthetics, nail technology, hair braiding, or barber

23  teacher.

24  (ii) Minimum standards as to what constitutes an

25  approved cosmetology, esthetics, nail technology, hair

26  braiding, or barber school, and requirements for
    HB3460 Enrolled  - 36 - LRB104 10369 AAS 20444 b

1   apprenticeship programs.

2   (iii) Minimum standards as to what constitutes an

3   approved continuing education sponsor for the

4   professions under this Act.

5   (4) To conduct investigations or hearings on

6   proceedings to determine disciplinary action.

7   (5) To conduct inspections of cosmetology, esthetics,

8   nail technology, hair braiding, or barber schools, salons,

9   or shops for compliance with this Act and any applicable

10  rules and to prescribe reasonable rules governing the

11  sanitary regulation and inspection of cosmetology,

12  esthetics, nail technology, hair braiding, or barber

13  schools, salons, or shops.

14  (6) To prescribe reasonable rules for the method of

15  renewal for each license as a cosmetologist, esthetician,

16  nail technician, hair braider, or barber or cosmetology,

17  esthetics, nail technology, hair braiding, or barber

18  teacher or cosmetology clinic teacher or for schools and

19  continuing education sponsors.

20  (7) To prescribe reasonable rules for the method of

21  registration, the issuance, fees, renewal and discipline

22  of a certificate of registration for the ownership or

23  operation of cosmetology, esthetics, hair braiding, and

24  nail technology salons and barber shops.

25  (8) To adopt rules concerning sanitation requirements,

26  requirements for education on sanitation, and any other
   HB3460 Enrolled  - 37 - LRB104 10369 AAS 20444 b

1  health concerns associated with threading.

2 (Source: P.A. 104-153, eff. 1-1-26.)
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