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SB2495 Enrolled LRB104 10444 AAS 20519 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 Regulatory Sunset Act is amended by
5 changing Section 4.36 and by adding Section 4.43 as follows:
6 (5 ILCS 80/4.36)
7 Sec. 4.36. Acts repealed on January 1, 2026. The following
8 Acts are repealed on January 1, 2026:
9 The Barber, Cosmetology, Esthetics, Hair Braiding, and
10 Nail Technology Act of 1985.
11 The Collection Agency Act.
12 The Hearing Instrument Consumer Protection Act.
13 The Illinois Athletic Trainers Practice Act.
14 The Illinois Dental Practice Act.
15 The Illinois Roofing Industry Licensing Act.
16 The Illinois Physical Therapy Act.
17 The Professional Geologist Licensing Act.
18 The Respiratory Care Practice Act.
19 (Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
20 99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
21 99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
22 12-31-15; 99-642, eff. 7-28-16.)
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1 (5 ILCS 80/4.43 new)
2 Sec. 4.43. Act repealed on January 1, 2031. The following
3 Act is repealed on January 1, 2031:
4 The Barber, Cosmetology, Esthetics, Hair Braiding, and
5 Nail Technology Act of 1985.
6 Section 10. The Barber, Cosmetology, Esthetics, Hair
7 Braiding, and Nail Technology Act of 1985 is amended by
8 changing Sections 1-4, 1-6, 1-6.5, 1-7, 1-7.5, 1-7.10, 1-10,
9 1-11, 1-12, 2-2, 2-3, 2-4, 2-7, 2-9, 2-10, 2-11, 2-12, 3-1,
10 3-2, 3-3, 3-4, 3-6, 3-7, 3-7.1, 3-9, 3-10, 3-11, 3-12, 3A-1,
11 3A-2, 3A-3, 3A-5, 3A-6, 3A-8, 3B-2, 3B-10, 3B-11, 3B-12,
12 3B-13, 3B-15, 3B-16, 3C-1, 3C-2, 3C-3, 3C-7, 3C-8, 3C-10,
13 3D-5, 3E-2, 3E-5, 3E-7, 4-1, 4-2, 4-3, 4-4, 4-5, 4-6, 4-7, 4-8,
14 4-9, 4-10, 4-11, 4-13, 4-14, 4-15, 4-18.5, 4-19, and 4-22 and
15 by adding Section 1-14 as follows:
16 (225 ILCS 410/1-4)
17 (Section scheduled to be repealed on January 1, 2026)
18 Sec. 1-4. Definitions. In this Act the following words
19 shall have the following meanings:
20 "Address of record" means the designated address recorded
21 by the Department in the applicant's application file or the
22 licensee's license file, as maintained by the Department's
23 licensure maintenance unit.
24 "Board" means the Barber, Cosmetology, Esthetics, Hair
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1 Braiding, and Nail Technology Board.
2 "Department" means the Department of Financial and
3 Professional Regulation.
4 "Email address of record" means the designated email
5 address recorded by the Department in the applicant's
6 application file or the licensee's license file, as maintained
7 by the Department's licensure maintenance unit.
8 "Licensed barber" means an individual licensed by the
9 Department to practice barbering as defined in this Act and
10 whose license is in good standing.
11 "Licensed cosmetologist" means an individual licensed by
12 the Department to practice cosmetology, nail technology, hair
13 braiding, and esthetics as defined in this Act and whose
14 license is in good standing.
15 "Licensed esthetician" means an individual licensed by the
16 Department to practice esthetics as defined in this Act and
17 whose license is in good standing.
18 "Licensed nail technician" means an individual licensed by
19 the Department to practice nail technology as defined in this
20 Act and whose license is in good standing.
21 "Licensed barber teacher" means an individual licensed by
22 the Department to practice barbering as defined in this Act
23 and to provide instruction in the theory and practice of
24 barbering to students in a licensed an approved barber school.
25 "Licensed cosmetology teacher" means an individual
26 licensed by the Department to practice cosmetology, esthetics,
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1 hair braiding, and nail technology as defined in this Act and
2 to provide instruction in the theory and practice of
3 cosmetology, esthetics, hair braiding, and nail technology to
4 students in a licensed an approved cosmetology, esthetics,
5 hair braiding, or nail technology school.
6 "Licensed cosmetology clinic teacher" means an individual
7 licensed by the Department to practice cosmetology, esthetics,
8 hair braiding, and nail technology as defined in this Act and
9 to provide clinical instruction in the practice of
10 cosmetology, esthetics, hair braiding, and nail technology in
11 a licensed an approved school of cosmetology, esthetics, hair
12 braiding, or nail technology.
13 "Licensed esthetics teacher" means an individual licensed
14 by the Department to practice esthetics as defined in this Act
15 and to provide instruction in the theory and practice of
16 esthetics to students in a licensed an approved cosmetology or
17 esthetics school.
18 "Licensed hair braider" means an individual licensed by
19 the Department to practice hair braiding as defined in this
20 Act and whose license is in good standing.
21 "Licensed hair braiding teacher" means an individual
22 licensed by the Department to practice hair braiding and to
23 provide instruction in the theory and practice of hair
24 braiding to students in a licensed an approved cosmetology or
25 hair braiding school.
26 "Licensed nail technology teacher" means an individual
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1 licensed by the Department to practice nail technology and to
2 provide instruction in the theory and practice of nail
3 technology to students in a licensed an approved nail
4 technology or cosmetology school.
5 "Licensed continuing education sponsor" means an entity
6 that is authorized by the Department to coordinate and present
7 continuing education courses or programs for cosmetologists,
8 cosmetology teachers, cosmetology clinic teachers,
9 estheticians, esthetics teachers, nail technicians, nail
10 technology teachers, hair braiders, and hair braiding
11 teachers.
12 "Licensed school" means a postsecondary educational
13 institution of cosmetology, barbering, esthetics, nail
14 technology, or hair braiding that is authorized by the
15 Department to provide a postsecondary education program in
16 compliance with the requirements of this Act.
17 "Enrollment date" is the date upon which the student signs
18 an enrollment agreement or student contract.
19 "Enrollment agreement" or "student contract" is any
20 agreement, instrument, or contract however named, which
21 creates or evidences an obligation binding a student to
22 purchase a course of instruction from a school.
23 "Enrollment time" means the maximum number of hours a
24 student could have attended class, whether or not the student
25 did in fact attend all those hours.
26 "Elapsed enrollment time" means the enrollment time
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1 elapsed between the actual starting date and the date of the
2 student's last day of physical attendance in the school.
3 "Mobile shop or salon" means a self-contained facility
4 that may be moved, towed, or transported from one location to
5 another and in which barbering, cosmetology, esthetics, hair
6 braiding, or nail technology is practiced.
7 "Public member" means a person on the Board who is not a
8 current or former licensed cosmetologist, barber, esthetician,
9 nail technician, or hair braider, teacher of barbering,
10 cosmetology, esthetics, nail technology, or hair braiding, or
11 owner of a business that employs professionals licensed to
12 provide services under this Act, a school licensed under this
13 Act, or a continuing education sponsor licensed under this
14 Act. "Public member" does not include any person with a
15 significant financial interest in salons, shops, schools,
16 continuing education sponsors, or products relating to
17 cosmetology, barbering, esthetics, nail technology, or hair
18 braiding.
19 "Secretary" means the Secretary of the Department of
20 Financial and Professional Regulation.
21 "Threading" means any technique that results in the
22 removal of superfluous hair from the body by twisting thread
23 around unwanted hair and then pulling it from the skin; and may
24 also include the incidental trimming of eyebrow hair.
25 (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15;
26 99-427, eff. 8-21-15.)
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1 (225 ILCS 410/1-6) (from Ch. 111, par. 1701-6)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 1-6. Administrative Procedure Act. The Illinois
4 Administrative Procedure Act is hereby expressly adopted and
5 incorporated herein as if all of the provisions of that Act
6 were included in this Act, except that the provision of
7 subsection (d) of Section 10-65 of the Illinois Administrative
8 Procedure Act that provides that at hearings the licensee has
9 the right to show compliance with all lawful requirements for
10 retention, continuation or renewal of the license is
11 specifically excluded. For the purpose of this Act the notice
12 required under Section 10-25 of the Administrative Procedure
13 Act is deemed sufficient when mailed to the address of record
14 or emailed to the email address of record, or, if not an
15 applicant or licensee, to the last known address or email
16 address of a party.
17 (Source: P.A. 99-427, eff. 8-21-15.)
18 (225 ILCS 410/1-6.5)
19 (Section scheduled to be repealed on January 1, 2026)
20 Sec. 1-6.5. Address of record; email address of record.
21 All applicants and licensees shall:
22 (1) provide a valid address and email address to the
23 Department, which shall serve as the address of record and
24 email address of record, respectively, at the time of
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1 application for licensure or renewal of a license; and
2 (2) inform the Department of any change of address of
3 record or email address of record within 14 days after the
4 change either through the Department's website or by
5 contacting the Department's licensure maintenance unit.
6 It is the duty of the applicant or licensee to inform the
7 Department of any change of address within 14 days after such
8 change either through the Department's website or by
9 contacting the Department's licensure maintenance unit.
10 (Source: P.A. 99-427, eff. 8-21-15.)
11 (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
12 (Section scheduled to be repealed on January 1, 2026)
13 Sec. 1-7. Licensure required; renewal; restoration.
14 (a) It is unlawful for any person to practice, or to hold
15 oneself himself or herself out to be a cosmetologist,
16 esthetician, nail technician, hair braider, or barber without
17 a license as a cosmetologist, esthetician, nail technician,
18 hair braider or barber issued by the Department pursuant to
19 the provisions of this Act and of the Civil Administrative
20 Code of Illinois. It is also unlawful for any person, firm,
21 partnership, limited liability company, professional limited
22 liability company, corporation, or professional service
23 corporation to own, operate, or conduct a cosmetology,
24 esthetics, nail technology, hair braiding, or barber school
25 without a license issued by the Department or to own or operate
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1 a cosmetology, esthetics, nail technology, or hair braiding
2 salon, barber shop, or other business subject to the
3 registration requirements of this Act without a certificate of
4 registration issued by the Department or to present continuing
5 education courses or programs to cosmetologists, estheticians,
6 nail technicians, hair braiders, or teachers of these
7 professions without a license issued by the Department. It is
8 further unlawful for any person to teach in any cosmetology,
9 esthetics, nail technology, hair braiding, or barber college
10 or school licensed approved by the Department or hold himself
11 or herself out as a cosmetology, esthetics, hair braiding,
12 nail technology, or barber teacher without a license as a
13 teacher, issued by the Department or as a cosmetology clinic
14 teacher without a license as a cosmetology clinic teacher
15 issued by the Department.
16 (b) Notwithstanding any other provision of this Act, a
17 person licensed as a cosmetologist may hold oneself himself or
18 herself out as an esthetician and may engage in the practice of
19 esthetics, as defined in this Act, without being licensed as
20 an esthetician. A person licensed as a cosmetology teacher may
21 teach esthetics or hold oneself himself or herself out as an
22 esthetics teacher without being licensed as an esthetics
23 teacher. A person licensed as a cosmetologist may hold oneself
24 himself or herself out as a nail technician and may engage in
25 the practice of nail technology, as defined in this Act,
26 without being licensed as a nail technician. A person licensed
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1 as a cosmetology teacher may teach nail technology and hold
2 oneself himself or herself out as a nail technology teacher
3 without being licensed as a nail technology teacher. A person
4 licensed as a cosmetologist may hold oneself himself or
5 herself out as a hair braider and may engage in the practice of
6 hair braiding, as defined in this Act, without being licensed
7 as a hair braider. A person licensed as a cosmetology teacher
8 may teach hair braiding and hold oneself himself or herself
9 out as a hair braiding teacher without being licensed as a hair
10 braiding teacher.
11 (c) A person licensed as a barber teacher may hold oneself
12 himself or herself out as a barber and may practice barbering
13 without a license as a barber. A person licensed as a
14 cosmetology teacher may hold oneself himself or herself out as
15 a cosmetologist, esthetician, hair braider, and nail
16 technologist and may practice cosmetology, esthetics, hair
17 braiding, and nail technology without a license as a
18 cosmetologist, esthetician, hair braider, or nail
19 technologist. A person licensed as an esthetics teacher may
20 hold oneself himself or herself out as an esthetician without
21 being licensed as an esthetician and may practice esthetics. A
22 person licensed as a nail technician teacher may practice nail
23 technology and may hold oneself himself or herself out as a
24 nail technologist without being licensed as a nail
25 technologist. A person licensed as a hair braiding teacher may
26 practice hair braiding and may hold oneself himself or herself
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1 out as a hair braider without being licensed as a hair braider.
2 (c-5) A person with an active license as a cosmetologist
3 may obtain or restore an additional license as an esthetician,
4 nail technician, or hair braider without having to complete
5 the additional licensure requirements for each profession,
6 other than payment of the fee, by filing an application
7 provided by the Department for each additional license. A
8 person with an active license as a cosmetology teacher may
9 obtain or restore an additional license as an esthetics
10 teacher, nail technology teacher, or hair braider teacher
11 without having to complete the additional licensure
12 requirements for each profession, other than payment of the
13 fee, by filing an application provided by the Department for
14 each additional license. A person with an active license as a
15 cosmetology teacher may obtain or restore an additional
16 license as a cosmetologist, esthetician, nail technician, or
17 hair braider without having to complete the additional
18 licensure requirements for each profession, other than payment
19 of the fee, by filing an application provided by the
20 Department for each additional license. A person with an
21 active license as a barber teacher may also obtain or restore a
22 barber license without having to complete the additional
23 licensure requirements, other than payment of the fee, by
24 filing an application provided by the Department. A person
25 with an active license as an esthetics teacher may also obtain
26 or restore an esthetician license without having to complete
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1 the additional licensure requirements, other than payment of
2 the fee, by filing an application provided by the Department.
3 A person with an active license as a nail technology teacher
4 may also obtain or restore a nail technician license without
5 having to complete the additional licensure requirements,
6 other than payment of the fee, by filing an application
7 provided by the Department. A person with an active license as
8 a hair braiding teacher may also obtain or restore a hair
9 braider license without having to complete the additional
10 licensure requirements, other than payment of the fee, filing
11 an application provided by the Department. The Department may
12 provide for other requirements for obtaining or restoring
13 additional licenses by rule.
14 (d) The holder of a license issued under this Act may renew
15 that license during the month preceding the expiration date of
16 the license by paying the required fee.
17 (e) The expiration date, renewal period, and conditions
18 for renewal and restoration of each license shall be
19 established by rule.
20 (f) A license issued under the provisions of this Act as a
21 barber, barber teacher, cosmetologist, cosmetology teacher,
22 cosmetology clinic teacher, esthetician, esthetics teacher,
23 nail technician, nail technician teacher, hair braider, or
24 hair braiding teacher that has expired while the holder of the
25 license was engaged (1) in federal service on active duty with
26 the Army, Navy, Marine Corps, Air Force, Space Force, or Coast
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1 Guard of the United States of America, or any Women's
2 Auxiliary thereof, or the State Militia called into the
3 service or training of the United States of America or (2) in
4 training or education under the supervision of the United
5 States preliminary to induction into the military service, may
6 be reinstated or restored without payment of any lapsed
7 renewal fees, reinstatement fee, or restoration fee if within
8 2 years after the termination of such service, training, or
9 education other than by dishonorable discharge, the holder
10 furnishes the Department with an affidavit to the effect that
11 the holder he or she has been so engaged and that the holder's
12 his or her service, training, or education has been so
13 terminated.
14 (Source: P.A. 103-746, eff. 1-1-25.)
15 (225 ILCS 410/1-7.5)
16 (Section scheduled to be repealed on January 1, 2026)
17 Sec. 1-7.5. Unlicensed practice; violation; civil penalty.
18 (a) Any person who practices, offers to practice, attempts
19 to practice, or holds oneself himself or herself out to
20 practice barbering, cosmetology, esthetics, hair braiding, or
21 nail technology without being licensed under this Act shall,
22 in addition to any other penalty provided by law, pay a civil
23 penalty to the Department in an amount not to exceed $5,000 for
24 each offense as determined by the Department. The civil
25 penalty shall be assessed by the Department after a hearing is
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1 held in accordance with the provisions set forth in this Act
2 regarding disciplining a licensee.
3 (b) The Department has the authority and power to
4 investigate any and all unlicensed activity.
5 (c) The civil penalty shall be paid within 60 days after
6 the effective date of the order imposing the civil penalty.
7 The order shall constitute a judgment and may be filed and
8 execution had thereon in the same manner as any judgment from
9 any court of record.
10 (Source: P.A. 96-1246, eff. 1-1-11.)
11 (225 ILCS 410/1-7.10)
12 (Section scheduled to be repealed on January 1, 2026)
13 Sec. 1-7.10. Abnormal skin growth education.
14 (a) In addition to any other requirements under this Act,
15 the following applicants must provide proof of completion of a
16 course approved by the Department in abnormal skin growth
17 education, including training on identifying melanoma:
18 (1) An applicant who submits an application for
19 original licensure on or after January 1, 2026.
20 (2) An applicant who was licensed before January 1,
21 2026 when submitting the applicant's first application for
22 renewal or restoration of a license on or after January 1,
23 2026.
24 (b) Nothing in this Section shall be construed to create a
25 cause of action or any civil liabilities or to require or
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1 permit a licensee or applicant under this Act to practice
2 medicine or otherwise practice outside of the scope of
3 practice of a licensed barber, cosmetologist, esthetician,
4 hair braider, or nail technician.
5 (c) A person licensed under this Act may refer an
6 individual to seek care from a medical professional regarding
7 an abnormal skin growth. Neither a person licensed under this
8 Act who completes abnormal skin growth education as a part of
9 the person's continuing education, nor the person's employer,
10 shall be civilly or criminally liable for acting in good faith
11 or failing to act on information obtained during the course of
12 practicing in the person's profession or employment concerning
13 potential abnormal skin growths.
14 (Source: P.A. 103-851, eff. 8-9-24.)
15 (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
16 (Section scheduled to be repealed on January 1, 2026)
17 Sec. 1-10. Display. Every holder of a license under this
18 Act shall display it in a prominent place in the salon or shop
19 where clients enter or wait to receive services and in the same
20 prominent location, every license holder shall also display a
21 sign provided by the Department that includes information
22 about this Act and rules, sanitary requirements, and contact
23 information for the Department's complaint intake unit in the
24 holder's principal office, place of business or place of
25 employment. Whenever a license holder provides barber,
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1 cosmetology, esthetics, hair braiding, or nail technology
2 services to clients licensed cosmetologist, esthetician, nail
3 technician, hair braider, or barber practices cosmetology,
4 esthetics, nail technology, hair braiding, or barbering
5 outside of or away from the person's salon or shop the
6 cosmetologist's, esthetician's, nail technician's, hair
7 braider's, or barber's principal office, place of business, or
8 place of employment, the license holder cosmetologist,
9 esthetician, nail technician, hair braider, or barber shall
10 provide any person so requesting proof that the person he or
11 she has a valid license issued by the Department.
12 Every registered shop or salon shall display its
13 certificate of registration in a prominent place at the
14 location of the shop or salon where clients enter or wait to
15 receive services and, in the same prominent location, every
16 license holder shall also display a sign provided by the
17 Department that includes information about this Act and rules,
18 sanitary requirements, and contact information for the
19 Department's complaint intake unit. Each shop or salon where
20 barber, cosmetology, esthetics, hair braiding, or nail
21 technology services are provided shall have a certificate of
22 registration and shall display the Department's sign as
23 required by this Section.
24 (Source: P.A. 99-427, eff. 8-21-15.)
25 (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
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1 (Section scheduled to be repealed on January 1, 2026)
2 Sec. 1-11. Exceptions to Act.
3 (a) Nothing in this Act shall be construed to apply to the
4 educational activities conducted in connection with any
5 monthly, annual or other special educational program of any
6 bona fide association of licensed cosmetologists,
7 estheticians, nail technicians, hair braiders, or barbers, or
8 licensed cosmetology, esthetics, nail technology, hair
9 braiding, or barber schools from which the general public is
10 excluded.
11 (b) Nothing in this Act shall be construed to apply to the
12 activities and services of registered nurses or licensed
13 practical nurses, as defined in the Nurse Practice Act, or to
14 personal care or health care services provided by individuals
15 in the performance of the individuals' their duties as
16 employed or authorized by facilities or programs licensed or
17 certified by State agencies. As used in this subsection (b),
18 "personal care" means assistance with meals, dressing,
19 movement, bathing, or other personal needs or maintenance or
20 general supervision and oversight of the physical and mental
21 well-being of an individual who is incapable of maintaining a
22 private, independent residence or who is incapable of managing
23 the his or her person whether or not a guardian has been
24 appointed for that individual. The definition of "personal
25 care" as used in this subsection (b) shall not otherwise be
26 construed to negate the requirements of this Act or its rules.
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1 (c) Nothing in this Act shall be deemed to require
2 licensure of individuals employed by the motion picture, film,
3 television, stage play or related industry for the purpose of
4 providing cosmetology or esthetics services to actors of that
5 industry while engaged in the practice of cosmetology or
6 esthetics as a part of that person's employment.
7 (d) Nothing in this Act shall be deemed to require
8 licensure of an inmate of the Department of Corrections who
9 performs barbering or cosmetology with the approval of the
10 Department of Corrections during the person's incarceration.
11 (Source: P.A. 99-427, eff. 8-21-15.)
12 (225 ILCS 410/1-12)
13 (Section scheduled to be repealed on January 1, 2026)
14 Sec. 1-12. Licensure by endorsement. The Department may,
15 without examination, grant a license under this Act to an
16 applicant who is licensed or registered for or authorized to
17 practice the same profession under the laws of another state
18 or jurisdiction of the United States or of a foreign country
19 upon the physical or electronic filing of an application on
20 forms provided by the Department, paying the required fee, and
21 meeting such requirements as are established by rule. The
22 Department may prescribe rules governing recognition of
23 education and legal practice of the profession in another
24 jurisdiction, requiring additional education, and determining
25 when an examination may be required.
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1 (Source: P.A. 99-427, eff. 8-21-15.)
2 (225 ILCS 410/1-14 new)
3 Sec. 1-14. Teacher education. The Department may accept,
4 instead of the teacher training requirements set forth in
5 subsection (d) of Sections 2-4, paragraph (4) of subsection
6 (a) of Section 3-4, paragraph (4) of subsection (a) of Section
7 3A-3, paragraph (4) of subsection (a) of Section 3C-3, and
8 Section 3E-3 of this Act, proof that the applicant has
9 completed educational courses at a college or university that
10 are similar to those included in the rules regarding teacher
11 curriculum, including student teaching, or proof of a current
12 professional educator license or career and technical educator
13 license issued by the State Board of Education and proof of 2
14 years of experience as a teacher. Any teacher who maintains a
15 professional educator license or career and technical educator
16 license through the State Board of Education and completes
17 professional development hours for that license may also use
18 those hours the teacher's continuing education requirements at
19 renewal of the teacher's cosmetology teacher, esthetics
20 teacher, nail technology teacher, or hair braiding teacher
21 licenses through the Department.
22 (225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)
23 (Section scheduled to be repealed on January 1, 2026)
24 Sec. 2-2. Licensure as a barber; qualifications. A person
SB2495 Enrolled - 20 - LRB104 10444 AAS 20519 b
1 is qualified to receive a license as a barber if that person
2 has applied in writing or electronically on forms provided
3 prescribed by the Department, has paid the required fees, and:
4 a. Is at least 16 years of age; and
5 b. Has a certificate of graduation from a school
6 providing secondary education, or the recognized
7 equivalent of such a certificate, or persons who are
8 beyond the age of compulsory school attendance; and
9 c. Has graduated from a licensed school of barbering
10 or school of cosmetology approved by the Department,
11 having completed a total of 1500 hours in the study of
12 barbering extending over a period of not less than 9
13 months nor more than 3 years. A licensed school of
14 barbering may, at its discretion, consistent with the
15 rules of the Department, accept up to 1,000 hours of
16 cosmetology school training at a licensed recognized
17 cosmetology school toward the 1500 hour course requirement
18 of barbering. Time spent in such study under the laws of
19 another state or territory of the United States or of a
20 foreign country or province shall be credited toward the
21 period of study required by the provisions of this
22 paragraph; and
23 d. Has passed an examination caused to be conducted by
24 the Department or its designated testing service to
25 determine fitness to receive a license as a barber; and
26 e. Has met all other requirements of this Act or by
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1 rule.
2 (Source: P.A. 99-427, eff. 8-21-15.)
3 (225 ILCS 410/2-3) (from Ch. 111, par. 1702-3)
4 (Section scheduled to be repealed on January 1, 2026)
5 Sec. 2-3. Licensure as a barber by a cosmetology school
6 graduate. A person is qualified to receive a license as a
7 barber if that person has applied in writing or electronically
8 on forms provided by the Department, paid the required fees,
9 and:
10 a. Is at least 16 years of age; and
11 b. Has a certificate of graduation from a school
12 providing secondary education, or the recognized
13 equivalent of such a certificate, or persons who are
14 beyond the age of compulsory school attendance; and
15 c. Has graduated from a cosmetology school approved by
16 the Department having completed a minimum of 1500 hours in
17 the study of cosmetology; and
18 d. Has graduated from a licensed school of barbering
19 or cosmetology approved by the Department having completed
20 a minimum of 500 additional hours in the study of
21 barbering extending over a period of no less than 3 months
22 nor more than one year. Time spent in such study under the
23 laws of another state or territory of the United States or
24 of a foreign country or province shall be credited toward
25 the period of study required by the provisions of this
SB2495 Enrolled - 22 - LRB104 10444 AAS 20519 b
1 paragraph; and
2 e. Has passed an examination caused to be conducted by
3 the Department, or its designated testing service, to
4 determine fitness to receive a license as a barber; and
5 f. Has met any other requirements set forth in this
6 Act or by rule.
7 (Source: P.A. 99-427, eff. 8-21-15.)
8 (225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
9 (Section scheduled to be repealed on January 1, 2026)
10 Sec. 2-4. Licensure as a barber teacher; qualifications. A
11 person is qualified to receive a license as a barber teacher if
12 that person files an application electronically on forms
13 provided by the Department, pays the required fee, and:
14 a. Is at least 18 years of age;
15 b. Has graduated from high school or its equivalent;
16 c. Has a current license as a barber or cosmetologist;
17 d. Has graduated from a licensed barber school or
18 school of cosmetology approved by the Department having:
19 (1) completed a total of 500 hours in barber
20 teacher training extending over a period of not less
21 than 3 months nor more than 2 years and has had 3 years
22 of practical experience as a licensed barber;
23 (2) completed a total of 1,000 hours of barber
24 teacher training extending over a period of not less
25 than 6 months nor more than 2 years; or
SB2495 Enrolled - 23 - LRB104 10444 AAS 20519 b
1 (3) completed the cosmetology teacher training as
2 specified in paragraph (4) of subsection (a) of
3 Section 3-4 of this Act and completed a supplemental
4 barbering course as established by rule;
5 e. Has passed an examination authorized by the
6 Department to determine fitness to receive a license as a
7 barber teacher or a cosmetology teacher; and
8 f. Has met any other requirements set forth in this
9 Act or by rule.
10 An applicant who is issued a license as a barber teacher is
11 not required to maintain a barber license in order to practice
12 barbering as defined in this Act.
13 (Source: P.A. 98-911, eff. 1-1-15; 99-78, eff. 7-20-15;
14 99-427, eff. 8-21-15; 99-642, eff. 7-28-16.)
15 (225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)
16 (Section scheduled to be repealed on January 1, 2026)
17 Sec. 2-7. Examination of applicants. The Department shall
18 hold examinations of applicants for licensure as barbers and
19 barber teachers of barbering at such times and places as it may
20 determine. Upon request, the examinations shall be
21 administered in Spanish and any other language as determined
22 by the Department to be necessary pursuant to the Language
23 Equity and Access Act.
24 Each applicant shall be given an a written examination
25 testing both theoretical and practical knowledge of the
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1 following subjects insofar as they are related and applicable
2 to the practice of barber science and art: (1) anatomy, (2)
3 physiology, (3) skin diseases, (4) hygiene and sanitation, (5)
4 barber history, (6) this Act and the rules for the
5 administration of this Act, (7) hair cutting and styling, (8)
6 shaving, shampooing, and permanent waving, (9) massaging, (10)
7 bleaching, tinting, and coloring, and (11) implements.
8 The examination of applicants for licensure as a barber
9 teacher shall include: (a) practice of barbering and styling,
10 (b) theory of barbering, (c) methods of teaching, and (d)
11 school management.
12 An applicant for licensure as a barber who has completed
13 1,200 hours in the study of barbering may take the
14 examination. If an applicant for licensure as a barber fails
15 to pass 3 examinations conducted by the Department, the
16 applicant shall, before taking a subsequent examination,
17 furnish evidence of not less than 100 250 hours of additional
18 study of barbering in a licensed an approved school of
19 barbering or cosmetology since the applicant last took the
20 examination. If an applicant for licensure as a barber teacher
21 fails to pass 3 examinations conducted by the Department, the
22 applicant shall, before taking a subsequent examination,
23 furnish evidence of not less than 80 hours of additional study
24 in teaching methodology and educational psychology in a
25 licensed an approved school of barbering or cosmetology since
26 the applicant last took the examination. An applicant who
SB2495 Enrolled - 25 - LRB104 10444 AAS 20519 b
1 fails to pass the fourth examination shall not again be
2 admitted to an examination unless: (i) in the case of an
3 applicant for licensure as a barber, the applicant again takes
4 and completes a program of 1,500 hours in the study of
5 barbering in an approved school of barbering or cosmetology
6 extending over a period that commences after the applicant
7 fails to pass the fourth examination and that is not less than
8 8 months nor more than 7 consecutive years in duration; or (ii)
9 in the case of an applicant for licensure as a barber teacher,
10 the applicant again takes and completes a program of 1,000
11 hours of teacher training in an approved school of barbering
12 or cosmetology, except that if the applicant had 2 years of
13 practical experience as a licensed barber within the 5 years
14 preceding the initial examination taken by the applicant, the
15 applicant must again take and complete a program of 500 hours
16 of teacher training in an approved school of barbering or
17 cosmetology. The requirements for remedial training set forth
18 in this Section may be waived in whole or in part by the
19 Department upon proof to the Department that the applicant has
20 demonstrated competence to again sit for the examination or if
21 the Department otherwise determines a waiver is appropriate.
22 The Department shall adopt rules establishing standards by
23 which this determination shall be made.
24 This Act does not prohibit the practice as a barber or
25 barber teacher by one who has applied in writing to the
26 Department, in form and substance satisfactory to the
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1 Department, for a license and has complied with all the
2 provisions of this Act in order to qualify for a license except
3 the passing of an examination, until: (a) the expiration of 6
4 months after the filing of such written application, or (b)
5 the decision of the Department that the applicant has failed
6 to pass an examination within 6 months or failed without an
7 approved excuse to take an examination conducted within 6
8 months by the Department, or (c) the withdrawal of the
9 application.
10 (Source: P.A. 99-427, eff. 8-21-15; 100-642, eff. 1-1-19;
11 100-934, eff. 1-1-19.)
12 (225 ILCS 410/2-9)
13 (Section scheduled to be repealed on January 1, 2026)
14 Sec. 2-9. Certification in barbering at a cosmetology
15 school. A licensed school of cosmetology may offer a
16 certificate in barbering, as defined by this Act, provided
17 that the school of cosmetology complies with subsections (c),
18 (d), and (e) of Section 2-2 of this Act; utilizes barber
19 teachers properly licensed under Section 2-4 of this Act; and
20 complies with Sections 2A-7 and 3B-10 of this Act.
21 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
22 (225 ILCS 410/2-10)
23 (Section scheduled to be repealed on January 1, 2026)
24 Sec. 2-10. Licensed cosmetologist seeking license as a
SB2495 Enrolled - 27 - LRB104 10444 AAS 20519 b
1 barber. A licensed cosmetologist who submits to the Department
2 an application for licensure as a barber must meet all
3 requirements of this Act for licensure as a barber, except
4 that such applicant shall be given credit for hours of
5 instruction completed for the applicant's his or her
6 cosmetologist license in subjects that are common to both
7 barbering and cosmetology and shall complete an additional 500
8 hours of instruction in subjects not within the scope of
9 practice of a cosmetologist. The Department shall provide for
10 the implementation of this provision by rule.
11 (Source: P.A. 99-427, eff. 8-21-15.)
12 (225 ILCS 410/2-11)
13 (Section scheduled to be repealed on January 1, 2026)
14 Sec. 2-11. Inactive status. Any barber or barber teacher
15 who notifies the Department in writing or electronically on
16 forms prescribed by the Department may elect to place the
17 barber's or barber teacher's his or her license on inactive
18 status and shall, subject to rules of the Department, be
19 excused from payment of renewal fees until the barber or
20 barber teacher he or she notifies the Department in writing or
21 electronically of the barber or barber teacher's his or her
22 desire to resume active status. Any barber or barber teacher
23 requesting restoration from inactive status shall be required
24 to pay the current renewal fee and to qualify for the
25 restoration of the his or her license, subject to rules of the
SB2495 Enrolled - 28 - LRB104 10444 AAS 20519 b
1 Department. Any barber or barber teacher whose license is in
2 inactive status shall not practice in the State of Illinois.
3 (Source: P.A. 99-427, eff. 8-21-15.)
4 (225 ILCS 410/2-12)
5 Sec. 2-12. Licensed cosmetology teacher seeking license as
6 a barber teacher. A licensed cosmetology teacher who submits
7 to the Department an application for licensure as a barber
8 teacher must meet all requirements of this Act for licensure
9 as a barber teacher, except that an applicant who has at least
10 3 years of experience as a licensed cosmetology teacher shall
11 be given credit for hours of instruction completed for the
12 applicant's his or her cosmetology teacher license in subjects
13 that are common to both barbering and cosmetology in the
14 supplemental barber course. The Department shall provide for
15 the implementation of this provision by rule.
16 (Source: P.A. 103-675, eff. 1-1-25.)
17 (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
18 (Section scheduled to be repealed on January 1, 2026)
19 Sec. 3-1. Cosmetology defined. Any one or any combination
20 of the following practices constitutes the practice of
21 cosmetology when done for cosmetic or beautifying purposes and
22 not for the treatment of disease or of muscular or nervous
23 disorder: arranging, braiding, dressing, cutting, trimming,
24 curling, waving, chemical restructuring, shaping, singeing,
SB2495 Enrolled - 29 - LRB104 10444 AAS 20519 b
1 bleaching, coloring or similar work, upon the hair of the head
2 or any cranial prosthesis; chemical restructuring, lightening,
3 coloring, cutting, or trimming facial hair of any person; any
4 practice of manicuring, pedicuring, decorating nails, applying
5 sculptured nails or otherwise artificial nails by hand or with
6 mechanical or electrical apparatus or appliances, or in any
7 way caring for the nails or the skin of the hands or feet
8 including massaging the hands, arms, elbows, feet, lower legs,
9 and knees of another person for other than the treatment of
10 medical disorders; any practice of epilation or depilation of
11 any person; any practice for the purpose of cleansing,
12 massaging or toning the skin of the scalp; beautifying,
13 massaging, cleansing, exfoliating, or stimulating the stratum
14 corneum of the epidermis by the use of cosmetic preparations,
15 body treatments, body wraps, the use of hydrotherapy, or any
16 device, electrical, mechanical, or otherwise; applying make-up
17 or eyelashes to any person or chemical restructuring or
18 lightening or coloring hair on the body and removing
19 superfluous hair from the body of any person by the use of
20 depilatories, waxing, threading, or tweezers. The term
21 "cosmetology" does not include the services provided by an
22 electrologist. Nail technology is the practice and the study
23 of cosmetology only to the extent of manicuring, pedicuring,
24 decorating, and applying sculptured or otherwise artificial
25 nails, or in any way caring for the nail or the skin of the
26 hands or feet including massaging the hands, arms, elbows,
SB2495 Enrolled - 30 - LRB104 10444 AAS 20519 b
1 feet, lower legs, and knees. Cosmetologists are prohibited
2 from using any technique, product, or practice intended to
3 affect the living layers of the skin. The term cosmetology
4 includes rendering advice on what is cosmetically appealing,
5 but no person licensed under this Act shall render advice on
6 what is appropriate medical treatment for diseases of the
7 skin. Purveyors of cosmetics may demonstrate such cosmetic
8 products in conjunction with any sales promotion and shall not
9 be required to hold a license under this Act. Nothing in this
10 Act shall be construed to prohibit the shampooing of hair by
11 persons employed for that purpose and who perform that task
12 under the direct supervision of a licensed cosmetologist or
13 licensed cosmetology teacher.
14 (Source: P.A. 98-911, eff. 1-1-15.)
15 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
16 (Section scheduled to be repealed on January 1, 2026)
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 l6 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
SB2495 Enrolled - 31 - LRB104 10444 AAS 20519 b
1 equivalent of that certificate; and
2 c. Has graduated from a licensed school of cosmetology
3 approved by the Department, having completed a program of
4 1,500 hours in the study of cosmetology extending over a
5 period of not less than 8 months nor more than 7
6 consecutive years. A licensed school of cosmetology may,
7 at its discretion, consistent with the rules of the
8 Department, accept up to 1,000 hours of barber school
9 training at a licensed recognized barber school toward the
10 1,500 hour program requirement of cosmetology. Time spent
11 in such study under the laws of another state or territory
12 of the United States or of a foreign country or province
13 shall be credited toward the period of study required by
14 the provisions of this paragraph; and
15 d. Has passed an examination authorized by the
16 Department to determine eligibility to receive a license
17 as a cosmetologist; and
18 e. Has met any other requirements set forth in of this
19 Act or by rule.
20 (2) (Blank).
21 (Source: P.A. 99-427, eff. 8-21-15.)
22 (225 ILCS 410/3-3) (from Ch. 111, par. 1703-3)
23 (Section scheduled to be repealed on January 1, 2026)
24 Sec. 3-3. Licensure as a cosmetologist by a barber school
25 graduate. A person is qualified to receive a license as a
SB2495 Enrolled - 32 - LRB104 10444 AAS 20519 b
1 cosmetologist if that person has filed an application in
2 writing or electronically on forms provided by the Department,
3 has paid the required fees, and:
4 a. Is at least 16 years of age; and
5 b. Has a certificate of graduation from a school
6 providing secondary education, or the recognized
7 equivalent of such a certificate, or is beyond the age of
8 compulsory school attendance; and
9 c. Has graduated from a licensed school of barbering
10 approved by the Department having completed 1500 hours in
11 the study of barbering, and a minimum of 500 additional
12 hours in the study of cosmetology extending over a period
13 of no less than 3 months nor more than one year. Time spent
14 in such study under the laws of another state or territory
15 of the United States or of a foreign country or province
16 shall be credited toward the period of study required by
17 the provisions of this paragraph; and
18 d. Has passed an examination authorized by the
19 Department to determine fitness to receive a license as a
20 cosmetologist; and
21 e. Has met any other requirements of this Act and
22 rules.
23 (Source: P.A. 99-427, eff. 8-21-15.)
24 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
25 (Section scheduled to be repealed on January 1, 2026)
SB2495 Enrolled - 33 - LRB104 10444 AAS 20519 b
1 Sec. 3-4. Licensure as cosmetology teacher or cosmetology
2 clinic teacher; qualifications.
3 (a) A person is qualified to receive license as a
4 cosmetology teacher if that person has applied in writing or
5 electronically on forms provided by the Department, has paid
6 the required fees, and:
7 (1) is at least 18 years of age;
8 (2) has graduated from high school or its equivalent;
9 (3) has a current license as a cosmetologist;
10 (4) has either: (i) completed a program of 500 hours
11 of teacher training in a licensed school of cosmetology
12 and had 2 years of practical experience as a licensed
13 cosmetologist within 5 years preceding the examination;
14 (ii) completed a program of 1,000 hours of teacher
15 training in a licensed school of cosmetology; or (iii)
16 completed the barber teacher training as specified in
17 subsection (d) of Section 2-4 of this Act and completed a
18 supplemental cosmetology course as established by rule;
19 (5) has passed an examination authorized by the
20 Department to determine eligibility to receive a license
21 as a cosmetology teacher or barber teacher; and
22 (6) has met any other requirements of this Act and
23 rules.
24 An individual who receives a license as a cosmetology
25 teacher shall not be required to maintain an active
26 cosmetology license in order to practice cosmetology as
SB2495 Enrolled - 34 - LRB104 10444 AAS 20519 b
1 defined in this Act.
2 (b) A person is qualified to receive a license as a
3 cosmetology clinic teacher if he or she has applied in writing
4 or electronically on forms provided by the Department, has
5 paid the required fees, and:
6 (1) is at least 18 years of age;
7 (2) has graduated from high school or its equivalent;
8 (3) has a current license as a cosmetologist;
9 (4) has (i) completed a program of 250 hours of clinic
10 teacher training in a licensed school of cosmetology or
11 (ii) within 5 years preceding the examination, has
12 obtained a minimum of 2 years of practical experience
13 working at least 30 full-time hours per week as a licensed
14 cosmetologist and has completed an instructor's institute
15 of 20 hours, as prescribed by the Department, prior to
16 submitting an application for examination;
17 (5) has passed an examination authorized by the
18 Department to determine eligibility to receive a license
19 as a cosmetology teacher; and
20 (6) has met any other requirements of this Act and
21 rules.
22 The Department shall not issue any new cosmetology clinic
23 teacher licenses after January 1, 2009. Any person issued a
24 license as a cosmetology clinic teacher before January 1,
25 2009, may renew the license after that date under this Act and
26 that person may continue to renew the license or have the
SB2495 Enrolled - 35 - LRB104 10444 AAS 20519 b
1 license restored during the person's his or her lifetime,
2 subject only to the renewal or restoration requirements for
3 the license under this Act; however, such licensee and license
4 shall remain subject to the provisions of this Act, including,
5 but not limited to, provisions concerning renewal,
6 restoration, fees, continuing education, discipline,
7 administration, and enforcement.
8 (Source: P.A. 99-427, eff. 8-21-15.)
9 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
10 (Section scheduled to be repealed on January 1, 2026)
11 Sec. 3-6. Examination. The Department shall authorize
12 examinations of applicants for licensure as cosmetologists and
13 teachers of cosmetology at the times and places it may
14 determine. Upon request, the examinations shall be
15 administered in Spanish and any other language as may be
16 determined by the Department to be necessary pursuant to the
17 Language Equity and Access Act. The Department may provide by
18 rule for the administration of the examination prior to the
19 completion of the applicant's program of training as required
20 in Section 3-2, 3-3, or 3-4. Notwithstanding Section 3-2, 3-3,
21 or 3-4, an applicant for licensure as a cosmetologist who has
22 completed 1,200 hours in the study of cosmetology may take the
23 examination. If an applicant for licensure as a cosmetologist
24 fails to pass 3 examinations conducted by the Department, the
25 applicant shall, before taking a subsequent examination,
SB2495 Enrolled - 36 - LRB104 10444 AAS 20519 b
1 furnish evidence of not less than 100 250 hours of additional
2 study of cosmetology in a licensed an approved school of
3 cosmetology since the applicant last took the examination. If
4 an applicant for licensure as a cosmetology teacher fails to
5 pass 3 examinations conducted by the Department, the applicant
6 shall, before taking a subsequent examination, furnish
7 evidence of not less than 80 hours of additional study in
8 teaching methodology and educational psychology in a licensed
9 an approved school of cosmetology since the applicant last
10 took the examination. An applicant who fails to pass the
11 fourth examination shall not again be admitted to an
12 examination unless: (i) in the case of an applicant for
13 licensure as a cosmetologist, the applicant again takes and
14 completes a program of 1500 hours in the study of cosmetology
15 in an approved school of cosmetology extending over a period
16 that commences after the applicant fails to pass the fourth
17 examination and that is not less than 8 months nor more than 7
18 consecutive years in duration; (ii) in the case of an
19 applicant for licensure as a cosmetology teacher, the
20 applicant again takes and completes a program of 1000 hours of
21 teacher training in an approved school of cosmetology, except
22 that if the applicant had 2 years of practical experience as a
23 licensed cosmetologist within the 5 years preceding the
24 initial examination taken by the applicant, the applicant must
25 again take and complete a program of 500 hours of teacher
26 training in an approved school of cosmetology, esthetics, or
SB2495 Enrolled - 37 - LRB104 10444 AAS 20519 b
1 nail technology; or (iii) in the case of an applicant for
2 licensure as a cosmetology clinic teacher, the applicant again
3 takes and completes a program of 250 hours of clinic teacher
4 training in a licensed school of cosmetology or an
5 instructor's institute of 20 hours. The requirements for
6 remedial training set forth in this Section may be waived in
7 whole or in part by the Department upon proof to the Department
8 that the applicant has demonstrated competence to again sit
9 for the examination or if the Department otherwise determines
10 a waiver is appropriate. The Department shall adopt rules
11 establishing the standards by which this determination shall
12 be made. Each cosmetology applicant shall be given an a
13 written examination testing both theoretical and practical
14 knowledge, which shall include, but not be limited to,
15 questions that determine the applicant's knowledge of product
16 chemistry, sanitary rules, sanitary procedures, chemical
17 service procedures, hazardous chemicals and exposure
18 minimization, knowledge of the anatomy of the skin, scalp,
19 hair, and nails as they relate to applicable services under
20 this Act and labor and compensation laws.
21 The examination of applicants for licensure as a
22 cosmetology, esthetics, or nail technology teacher may include
23 all of the elements of the exam for licensure as a
24 cosmetologist, esthetician, or nail technician and also
25 include teaching methodology, classroom management, record
26 keeping, and any other related subjects that the Department in
SB2495 Enrolled - 38 - LRB104 10444 AAS 20519 b
1 its discretion may deem necessary to ensure insure competent
2 performance.
3 This Act does not prohibit the practice of cosmetology by
4 one who has applied in writing to the Department, in form and
5 substance satisfactory to the Department, for a license as a
6 cosmetologist, or the teaching of cosmetology by one who has
7 applied in writing to the Department, in form and substance
8 satisfactory to the Department, for a license as a cosmetology
9 teacher or cosmetology clinic teacher, if the person has
10 complied with all the provisions of this Act in order to
11 qualify for a license, except the passing of an examination to
12 be eligible to receive a license, until: (a) the expiration of
13 6 months after the filing of the written application, (b) 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 (c) the withdrawal of the
18 application.
19 (Source: P.A. 99-427, eff. 8-21-15; 100-642, eff. 1-1-19;
20 100-934, eff. 1-1-19.)
21 (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
22 (Section scheduled to be repealed on January 1, 2026)
23 Sec. 3-7. Licensure; renewal; continuing education. The
24 holder of a license issued under this Article III may renew
25 that license during the month preceding the expiration date
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1 thereof by paying the required fee, giving such evidence as
2 the Department may prescribe of completing not less than 14
3 hours of continuing education for a cosmetologist, and 24
4 hours of continuing education for a cosmetology teacher or
5 cosmetology clinic teacher, within the 2 years prior to
6 renewal. The training shall be in subjects approved by the
7 Department as prescribed by rule upon recommendation of the
8 Board and may include online instruction.
9 For the initial renewal of a cosmetologist's license which
10 requires continuing education, as prescribed by rule, one hour
11 of the continuing education shall include domestic violence
12 and sexual assault awareness education as prescribed by rule
13 of the Department. For every subsequent renewal of a
14 cosmetologist's license, one hour of the continuing education
15 may include domestic violence and sexual assault awareness
16 education as prescribed by rule of the Department. The
17 one-hour domestic violence and sexual assault awareness
18 continuing education course shall be provided by a continuing
19 education provider approved by the Department, except that
20 completion from March 12, 2016 to March 15, 2016 of a one-hour
21 domestic violence and sexual assault awareness course from a
22 domestic violence and sexual assault awareness organization
23 shall satisfy this requirement.
24 The Department may prescribe rules regarding the
25 requirements for domestic violence and sexual assault
26 awareness continuing education courses and teachers.
SB2495 Enrolled - 40 - LRB104 10444 AAS 20519 b
1 The Department shall establish by rule methods a means for
2 the verification of completion of the continuing education
3 required by this Section and for restoration of a license
4 under Section 3-7.1. This verification may be accomplished
5 through audits of records maintained by continuing education
6 sponsors and individual licensees registrants, by requiring
7 the filing of continuing education certificates with the
8 Department, by accepting attestations of completion of
9 continuing education from licensees, or by any other means
10 established by the Department.
11 The Department, in its discretion, may waive enforcement
12 of the continuing education requirement in this Section,
13 including the domestic violence and sexual assault awareness
14 education requirement, and shall adopt rules defining the
15 standards and criteria for that waiver under the following
16 circumstances:
17 (a) the licensee resides in a locality where it is
18 demonstrated that the absence of opportunities for such
19 education would interfere with the ability of the licensee
20 to provide service to the public;
21 (b) that to comply with the continuing education
22 requirements would cause a substantial financial hardship
23 on the licensee;
24 (c) that the licensee is serving in the United States
25 Armed Forces; or
26 (d) that the licensee is incapacitated due to
SB2495 Enrolled - 41 - LRB104 10444 AAS 20519 b
1 illness;.
2 (e) that the licensee has been caring for an ill or
3 disabled family member; or
4 (f) other circumstances as provided by rule.
5 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;
6 99-766, eff. 1-1-17.)
7 (225 ILCS 410/3-7.1) (from Ch. 111, par. 1703-7.1)
8 (Section scheduled to be repealed on January 1, 2026)
9 Sec. 3-7.1. Inactive status Status. Any cosmetologist,
10 cosmetology teacher, or cosmetology clinic teacher who
11 notifies the Department in writing or electronically on forms
12 prescribed by the Department, may elect to place a his or her
13 license on an inactive status and shall, subject to rules of
14 the Department, be excused from payment of renewal fees until
15 that person he or she notifies the Department in writing or
16 electronically of the person's his or her desire to resume
17 active status.
18 Any cosmetologist, cosmetology teacher, or cosmetology
19 clinic teacher requesting restoration from inactive status
20 shall be required to pay the current renewal fee and to qualify
21 for the restoration of the his or her license, subject to rules
22 of the Department. A license shall not be restored from
23 inactive status unless the cosmetologist, cosmetology teacher,
24 or cosmetology clinic teacher requesting the restoration
25 completes the number of hours of continuing education required
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1 for renewal of a license under Section 3-7.
2 Any cosmetologist, cosmetology teacher, or cosmetology
3 clinic teacher whose license is in an inactive status shall
4 not practice in the State of Illinois.
5 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
6 (225 ILCS 410/3-9)
7 (Section scheduled to be repealed on January 1, 2026)
8 Sec. 3-9. Licensed barber seeking license as
9 cosmetologist. A licensed barber who submits to the Department
10 an application for licensure as a cosmetologist must meet all
11 requirements of this Act for licensure as a cosmetologist,
12 except that such applicant shall be given credit for hours of
13 instruction completed for the applicant's his or her barber
14 license in subjects that are common to both barbering and
15 cosmetology and shall complete an additional 500 hours of
16 instruction in subjects not within the scope of practice of a
17 barber. The Department shall provide for the implementation of
18 this provision by rule.
19 (Source: P.A. 99-427, eff. 8-21-15.)
20 (225 ILCS 410/3-10)
21 (Section scheduled to be repealed on January 1, 2026)
22 Sec. 3-10. Licensed esthetician or licensed nail
23 technician seeking license as a cosmetologist. A licensed
24 esthetician or licensed nail technician who submits to the
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1 Department an application for licensure as a cosmetologist
2 must meet all requirements of this Act for licensure as a
3 cosmetologist except that such applicant shall be given credit
4 for hours of instruction completed for the applicant's his or
5 her esthetician or nail technician license in subjects that
6 are common to both esthetics or nail technology and
7 cosmetology. The Department shall provide for the
8 implementation of this provision by rule.
9 (Source: P.A. 99-427, eff. 8-21-15.)
10 (225 ILCS 410/3-11)
11 Sec. 3-11. Licensed barber teacher seeking license as
12 cosmetology teacher. A licensed barber teacher who submits to
13 the Department an application for licensure as a cosmetology
14 teacher must meet all requirements of this Act for licensure
15 as a cosmetology teacher, except that an applicant who has at
16 least 3 years of experience as a licensed barber teacher shall
17 be given credit for hours of instruction completed for the
18 applicant's his or her barber teacher license in subjects that
19 are common to both barbering and cosmetology in the
20 supplemental cosmetology course. The Department shall provide
21 for the implementation of this provision by rule.
22 (Source: P.A. 103-675, eff. 1-1-25.)
23 (225 ILCS 410/3-12)
24 Sec. 3-12. Licensed esthetician teacher or licensed nail
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1 technician teacher seeking license as a cosmetology teacher. A
2 licensed esthetician teacher or licensed nail technician
3 teacher who submits to the Department an application for
4 licensure as a cosmetology teacher must meet all requirements
5 of this Act for licensure as a cosmetology teacher, except
6 that an applicant who has at least 3 years of experience as a
7 licensed esthetician teacher or licensed nail technician
8 teacher shall be given credit for hours of instruction
9 completed for the applicant's his or her esthetician teacher
10 or nail technician teacher license in subjects that are common
11 to both esthetics or nail technology and cosmetology. The
12 Department shall provide for the implementation of this
13 provision by rule.
14 (Source: P.A. 103-675, eff. 1-1-25.)
15 (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
16 (Section scheduled to be repealed on January 1, 2026)
17 Sec. 3A-1. Esthetics defined.
18 (A) Any one or combination of the following practices,
19 when done for cosmetic or beautifying purposes and not for the
20 treatment of disease or of a muscular or nervous disorder,
21 constitutes the practice of esthetics:
22 1. Beautifying, massaging, cleansing, exfoliating, or
23 stimulating the stratum corneum of the epidermis by the
24 use of cosmetic preparations, body treatments, body wraps,
25 hydrotherapy, or any device, electrical, mechanical, or
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1 otherwise, for the care of the skin except the scalp;
2 2. Applying make-up or eyelashes to any person or
3 chemical restructuring or lightening or coloring hair on
4 the body except the scalp; and
5 3. Removing superfluous hair from the body of any
6 person.
7 However, esthetics does not include the services provided
8 by a cosmetologist or electrologist. Estheticians are
9 prohibited from using techniques, products, and practices
10 intended to affect the living layers of the skin. The term
11 esthetics includes rendering advice on what is cosmetically
12 appealing, but no person licensed under this Act shall render
13 advice on what is appropriate medical treatment for diseases
14 of the skin.
15 (B) "Esthetician" means any person who, with hands or
16 mechanical or electrical apparatus or appliances, engages only
17 in the use of cosmetic preparations, body treatments, body
18 wraps, hydrotherapy, makeups, antiseptics, tonics, lotions,
19 creams or other preparations or in the practice of massaging,
20 cleansing, exfoliating the stratum corneum of the epidermis,
21 stimulating, manipulating, beautifying, grooming, threading,
22 or similar work on the face, neck, arms and hands or body in a
23 superficial mode, and not for the treatment of medical
24 disorders.
25 (Source: P.A. 98-911, eff. 1-1-15.)
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1 (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 3A-2. Licensure as an esthetician; qualifications. A
4 person is qualified to receive a license as a licensed
5 esthetician if that person has applied in writing or
6 electronically on forms provided by the Department, paid any
7 required fees, and:
8 a. Is at least 16 years of age; and
9 b. Has a certificate of graduation from a school providing
10 secondary education, or the recognized equivalent of such a
11 certificate, or a person persons who is are beyond the age of
12 compulsory school attendance; and
13 c. Has graduated from a school of cosmetology or esthetics
14 licensed approved by the Department, having completed a
15 program of 750 hours in the study of esthetics extending over a
16 period of not less than 18 weeks nor more than 4 consecutive
17 years. Time spent in such study under the laws of another state
18 or territory of the United States or of a foreign country or
19 province shall be credited toward the period of study required
20 by the provisions of this paragraph; and
21 d. Has passed an examination authorized by the Department
22 to determine fitness to receive a license as a licensed
23 esthetician; and
24 e. Has met any other requirements of this Act and rules.
25 (Source: P.A. 91-863, eff. 7-1-00.)
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1 (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 3A-3. Licensure as an esthetics teacher;
4 qualifications.
5 (a) A person is qualified to receive a license as an
6 esthetics teacher if that person has applied in writing or
7 electronically on forms supplied by the Department, paid the
8 required fees, and:
9 (1) is at least 18 years of age;
10 (2) has graduated from high school or its equivalent;
11 (3) has a current license as a licensed cosmetologist
12 or esthetician;
13 (4) has either: (i) completed a program of 500 hours
14 of teacher training in a licensed school of cosmetology or
15 a licensed esthetics school and had 2 years of practical
16 experience as a licensed cosmetologist or esthetician
17 within 5 years preceding the examination; or (ii)
18 completed a program of 750 hours of teacher training in a
19 licensed school of cosmetology approved by the Department
20 to teach esthetics or a licensed esthetics school;
21 (5) has passed an examination authorized by the
22 Department to determine eligibility to receive a license
23 as a licensed cosmetology or esthetics teacher;
24 (6) (blank); and
25 (7) has met any other requirements as required by this
26 Act and any rules.
SB2495 Enrolled - 48 - LRB104 10444 AAS 20519 b
1 (b) (Blank).
2 (c) An applicant who is issued a license as an esthetics
3 teacher is not required to maintain an esthetics license in
4 order to practice as an esthetician as defined in this Act.
5 (Source: P.A. 98-911, eff. 1-1-15.)
6 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
7 (Section scheduled to be repealed on January 1, 2026)
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. Upon
12 request, the examinations shall be administered in Spanish and
13 any other language as may be determined by the Department to be
14 necessary pursuant to the Language Equity and Access Act. The
15 Department shall authorize no fewer than 4 examinations for a
16 license as an esthetician or a teacher of esthetics in a
17 calendar year. An applicant for licensure as an esthetician
18 who has completed 600 hours in the study of esthetics may take
19 the examination.
20 If an applicant neglects, fails without an approved
21 excuse, or refuses to take the next available examination
22 offered for licensure under this Act, the fee paid by the
23 applicant shall be forfeited to the Department and the
24 application denied. If an applicant fails to pass an
25 examination for licensure under this Act within 3 years after
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1 filing his or her application, the application shall be
2 denied. However, such applicant may thereafter make a new
3 application for examination, accompanied by the required fee,
4 if he or she meets the requirements in effect at the time of
5 reapplication. If an applicant for licensure as an esthetician
6 is unsuccessful at 3 examinations conducted by the Department,
7 the applicant shall, before taking a subsequent examination,
8 furnish evidence of not less than 50 125 hours of additional
9 study of esthetics in a licensed an approved school of
10 cosmetology or esthetics since the applicant last took the
11 examination. If an applicant for licensure as an esthetics
12 teacher is unsuccessful at 3 examinations conducted by the
13 Department, the applicant shall, before taking a subsequent
14 examination, furnish evidence of not less than 50 80 hours of
15 additional study in teaching methodology and educational
16 psychology in a licensed school of cosmetology or esthetics
17 since the applicant last took the examination. The
18 requirements for remedial training set forth in this Section
19 may be waived in whole or in part by the Department upon proof
20 to the Department that the applicant has demonstrated
21 competence to again sit for the examination or if the
22 Department otherwise determines a waiver is appropriate. The
23 Department shall adopt rules establishing the standards by
24 which this determination shall be made. An applicant who fails
25 to pass a fourth examination shall not again be admitted to an
26 examination unless (i) in the case of an applicant for
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1 licensure as an esthetician, the applicant shall again take
2 and complete a program of 750 hours in the study of esthetics
3 in a licensed school of cosmetology approved to teach
4 esthetics or a school of esthetics, extending over a period
5 that commences after the applicant fails to pass the fourth
6 examination and that is not less than 18 weeks nor more than 4
7 consecutive years in duration; or (ii) in the case of an
8 applicant for a license as an esthetics teacher, the applicant
9 shall again take and complete a program of 750 hours of teacher
10 training in a school of cosmetology approved to teach
11 esthetics or a school of esthetics, except that if the
12 applicant had 2 years of practical experience as a licensed
13 cosmetologist or esthetician within 5 years preceding the
14 initial examination taken by the applicant, the applicant must
15 again take and complete a program of 500 hours of teacher
16 training in licensed cosmetology or a licensed esthetics
17 school.
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, as provided by rule.
22 (c) The examination of applicants for licensure as an
23 esthetics teacher may include:
24 (1) teaching methodology;
25 (2) classroom management; and
26 (3) record keeping and any other subjects that the
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1 Department may deem necessary to ensure insure competent
2 performance.
3 (d) (Blank). This Act does not prohibit the practice of
4 esthetics by one who has applied in writing to the Department,
5 in form and substance satisfactory to the Department, for a
6 license as an esthetician or an esthetics teacher and has
7 complied with all the provisions of this Act in order to
8 qualify for a license, except the passing of an examination to
9 be eligible to receive such license certificate, until: (i)
10 the expiration of 6 months after the filing of such written
11 application, or (ii) the decision of the Department that the
12 applicant has failed to pass an examination within 6 months or
13 failed without an approved excuse to take an examination
14 conducted within 6 months by the Department, or (iii) the
15 withdrawal of the application.
16 (Source: P.A. 100-642, eff. 1-1-19; 100-934, eff. 1-1-19.)
17 (225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
18 (Section scheduled to be repealed on January 1, 2026)
19 Sec. 3A-6. Licensure; renewal; continuing education;
20 examination; military service. The holder of a license issued
21 under this Article may renew such license during the month
22 preceding the expiration date thereof by paying the required
23 fee, giving evidence the Department may prescribe of
24 completing not less than 10 hours for estheticians, and not
25 less than 20 hours of continuing education for esthetics
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1 teachers, within the 2 years prior to renewal. The training
2 shall be in subjects, approved by the Department as prescribed
3 by rule upon recommendation of the Board.
4 For the initial renewal of an esthetician's license which
5 requires continuing education, as prescribed by rule, one hour
6 of the continuing education shall include domestic violence
7 and sexual assault awareness education as prescribed by rule
8 of the Department. For every subsequent renewal of an
9 esthetician's license, one hour of the continuing education
10 may include domestic violence and sexual assault awareness
11 education as prescribed by rule of the Department. The
12 one-hour domestic violence and sexual assault awareness
13 continuing education course shall be provided by a continuing
14 education provider approved by the Department, except that
15 completion from March 12, 2016 to March 15, 2016 of a one-hour
16 domestic violence and sexual assault awareness course from a
17 domestic violence and sexual assault awareness organization
18 shall satisfy this requirement.
19 The Department may prescribe rules regarding the
20 requirements for domestic violence and sexual assault
21 awareness continuing education courses and teachers.
22 The Department shall establish by rule methods for
23 verification of completion of the continuing education
24 required by this Section. This verification may be
25 accomplished through audits of records maintained by
26 continuing education sponsors and licensees, by requiring the
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1 filing of continuing education certificates with the
2 Department, by accepting attestations of completion of
3 continuing education from licensees, or by any other means
4 established by the Department.
5 The Department, in its discretion, may waive enforcement
6 of the continuing education requirement in this Section,
7 including the domestic violence and sexual assault awareness
8 education requirement, and shall adopt rules defining the
9 standards and criteria for such waiver, under the following
10 circumstances:
11 (1) the licensee resides in a locality where it is
12 demonstrated that the absence of opportunities for such
13 education would interfere with the ability of the licensee
14 to provide service to the public;
15 (2) the licensee's compliance with the continuing
16 education requirements would cause a substantial financial
17 hardship on the licensee;
18 (3) the licensee is serving in the United States Armed
19 Forces; or
20 (4) the licensee is incapacitated due to illness;.
21 (5) that the licensee has been caring for an ill or
22 disabled family member; or
23 (6) other circumstances as provided by rule.
24 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;
25 99-766, eff. 1-1-17.)
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1 (225 ILCS 410/3A-8)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 3A-8. Inactive status. Any esthetician or esthetician
4 teacher who notifies the Department in writing or
5 electronically on forms prescribed by the Department may elect
6 to place a his or her license on inactive status and shall,
7 subject to rules of the Department, be excused from payment of
8 renewal fees until that person he or she notifies the
9 Department in writing of the person's his or her desire to
10 resume active status.
11 Any esthetician or esthetician teacher requesting
12 restoration from inactive status shall be required to pay the
13 current renewal fee and to qualify for the restoration of the
14 his or her license, subject to rules of the Department. A
15 license shall not be restored from inactive status unless the
16 esthetician or esthetician teacher requesting the restoration
17 completes the number of hours of continuing education required
18 for renewal of a license under Section 3A-6.
19 Any esthetician or esthetician teacher whose license is in
20 inactive status shall not practice in the State of Illinois.
21 (Source: P.A. 99-427, eff. 8-21-15.)
22 (225 ILCS 410/3B-2) (from Ch. 111, par. 1703B-2)
23 (Section scheduled to be repealed on January 1, 2026)
24 Sec. 3B-2. Investigations by Department upon its own
25 motion or upon complaint; opportunity for corrections. The
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1 Department may upon its own motion and shall upon the
2 complaint in writing of any person setting forth facts which
3 if proved would constitute grounds for refusal to renew or
4 revocation under this Act, investigate the actions of any
5 applicant or any person or persons holding or claiming to hold
6 a license.
7 Any student or employee of a school licensed approved by
8 this Act who believes he has been aggrieved by a violation of
9 this Act shall have the right to file a written complaint
10 within one year of the alleged violation. The Department shall
11 acknowledge receipt of such written complaint, commence an
12 investigation of the alleged violation, and forward to the
13 Attorney General and any appropriate State's Attorney's office
14 copies of complaints as required by Section 3B-3. The
15 Department shall inform the chief operating officer of the
16 school cited in the complaint of the nature or substance of the
17 complaint and afford the school an opportunity to either
18 resolve the complaint to the satisfaction of the complainant
19 or submit a written response to the Department.
20 However, before proceeding to a hearing on the question of
21 whether a license shall be refused to be renewed or revoked,
22 the Department may issue a letter granting the school in
23 question 30 days to correct the deficiency or deficiencies.
24 The letter shall enumerate the deficiencies and state the
25 action on the part of the school that will remediate the
26 deficiency or deficiencies. During the time designated to
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1 remedy deficiencies the Department may order the school to
2 cease and desist from all marketing and student enrollment
3 activities.
4 (Source: P.A. 99-427, eff. 8-21-15.)
5 (225 ILCS 410/3B-10)
6 (Section scheduled to be repealed on January 1, 2026)
7 Sec. 3B-10. Requisites for ownership or operation of
8 school. No person, firm, or corporation may own, operate, or
9 conduct a school of barbering, cosmetology, esthetics, hair
10 braiding, or nail technology for the purpose of teaching
11 barbering, cosmetology, esthetics, hair braiding, or nail
12 technology for compensation unless licensed by the Department.
13 A licensed school is a postsecondary educational institution
14 authorized by the Department to provide a postsecondary
15 education program in compliance with the requirements of this
16 Act. An applicant shall apply to the Department on forms
17 provided by the Department, pay the required fees, and comply
18 with the following requirements:
19 1. The applicant must submit to the Department for
20 approval:
21 a. A floor plan, drawn to a scale specified on the
22 floor plan, showing every detail of the proposed
23 school; and
24 b. A lease commitment, agreement to use the space,
25 or proof of ownership for the location of the proposed
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1 school; a lease commitment must provide for execution
2 of the lease upon the Department's approval of the
3 school's application and the lease or agreement must
4 be for a period of at least one year, and for schools
5 operated by a public high school, community college,
6 university, or other governmental institution, this
7 requirement is waived.
8 c. (Blank).
9 2. An application to own or operate a school shall
10 include the following:
11 a. If the owner is a professional service
12 corporation or a corporation, a copy of the Articles
13 of Incorporation or, if the owner is a professional
14 limited liability company or a limited liability
15 company, a copy of the articles of organization;
16 b. If the owner is a partnership, a listing of all
17 partners and their current addresses;
18 c. If the applicant is an owner, a completed
19 attestation regarding financial statement showing the
20 owner's financial ability to operate the school for at
21 least 3 months, and for schools operated by a public
22 high school, community college, university, or other
23 governmental institution, this requirement is waived;
24 d. A copy of the official enrollment agreement or
25 student contract to be used by the school, which shall
26 be consistent with the requirements of this Act, and
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1 rules, and other applicable laws;
2 e. A listing of all teachers who will be in the
3 school's employ, including their teacher license
4 numbers;
5 f. A copy of the curricula that will be followed;
6 g. The names, addresses, and current licensure and
7 operating status of all schools in which the applicant
8 has previously owned any interest, and a declaration
9 as to whether any of these schools were ever denied
10 accreditation or licensing or lost accreditation or
11 licensing from any governmental body or accrediting
12 agency;
13 h. Each application for a certificate of approval
14 shall be signed and certified under oath by the
15 school's chief managing employee and also by its
16 individual owner or owners; if the applicant is a
17 partnership or a corporation, then the application
18 shall be signed and certified under oath by the
19 school's chief managing employee and also by each
20 member of the partnership or each officer of the
21 corporation, as the case may be;
22 i. A copy of the school's official transcript;
23 and
24 j. The required fee; and.
25 k. A disclosure of all licenses issued by the
26 Department of all owners, partners, or members of the
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1 school, including license numbers and the current
2 status of the license.
3 3. Each application for a license to operate a school
4 shall also contain the following commitments:
5 a. To conduct the school in accordance with this
6 Act and the standards, and rules from time to time
7 adopted under this Act and to meet standards and
8 requirements at least as stringent as those required
9 by Part H of the Federal Higher Education Act of 1965.
10 b. To permit the Department to inspect the school
11 or classes thereof from time to time with or without
12 notice; and to make available to the Department, at
13 any time when required to do so, information including
14 financial information pertaining to the activities of
15 the school required for the administration of this Act
16 and the standards and rules adopted under this Act;
17 c. To utilize only advertising and solicitation
18 which is free from misrepresentation, deception,
19 fraud, or other misleading or unfair trade practices;
20 d. To screen applicants to the school prior to
21 enrollment pursuant to the requirements of the
22 school's regional or national accrediting agency, if
23 any, and to maintain any and all records of such
24 screening. If the course of instruction is offered in
25 a language other than English, the screening shall
26 also be performed in that language;
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1 e. To post in a conspicuous place a statement,
2 developed by the Department, of student's rights
3 provided under this Act.
4 4. The applicant shall establish to the satisfaction
5 of the Department that the owner possesses sufficient
6 liquid assets to meet the prospective expenses of the
7 school for a period of 3 months. In the discretion of the
8 Department, additional proof of financial ability may be
9 required.
10 5. The applicant shall comply with all rules of the
11 Department determining the necessary curriculum and
12 equipment required for the conduct of the school.
13 6. The applicant must demonstrate employment of a
14 sufficient number of qualified teachers who are holders of
15 a current license issued by the Department.
16 7. A final inspection of the barber, cosmetology,
17 esthetics, hair braiding, or nail technology school shall
18 be made by the Department before the school may commence
19 classes.
20 8. A written inspection report must be made by the
21 State Fire Marshal or a local fire authority approving the
22 use of the proposed premises as a barber, cosmetology,
23 esthetics, hair braiding, or nail technology school.
24 (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15;
25 99-427, eff. 8-21-15.)
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1 (225 ILCS 410/3B-11)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 3B-11. Periodic review of barber, cosmetology,
4 esthetics, hair braiding, and nail technology schools. All
5 licensed approved schools and courses of instruction are
6 subject to review by the Department. The review shall include
7 consideration of a comparison between the graduation or
8 completion rate for the school and the graduation or
9 completion rate for the schools within that classification of
10 schools. The review may also require the school to provide the
11 Department with the enrollment agreement and curricula of the
12 school to ensure compliance requirements of this Act, any
13 applicable rules, and other applicable laws. The Department
14 may also inspect the school premises and school records for
15 requirements of this Act and any applicable rules.
16 Consideration shall be given to complaints and information
17 forwarded to the Department by the Federal Trade Commission,
18 Better Business Bureaus, the Illinois Attorney General's
19 Office, a State's Attorney's Office, other State or official
20 approval agencies, local school officials, and interested
21 persons. The Department shall investigate all complaints filed
22 with the Department about a school or its sales
23 representatives.
24 A school shall retain the records, as defined by rule, of a
25 student who withdraws from or drops out of the school, by
26 written notice of cancellation or otherwise, for any period
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1 longer than 7 years from the student's first day of
2 attendance. However, a school shall retain indefinitely the
3 transcript of each student who completes the program and
4 graduates from the school.
5 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
6 (225 ILCS 410/3B-12)
7 (Section scheduled to be repealed on January 1, 2026)
8 Sec. 3B-12. Enrollment agreements.
9 (a) As used in this Section, "clear and conspicuous" means
10 at least 10 point bold type and larger than other text.
11 Enrollment agreements shall be used by barber,
12 cosmetology, esthetics, hair braiding, and nail technology
13 schools licensed to operate by the Department and shall
14 include the following written disclosures:
15 (1) The name and address of the school and the
16 addresses where instruction will be given;
17 (2) The name and description of the course of
18 instruction, including the number of clock hours in each
19 course and an approximate number of weeks or months
20 required for completion;
21 (3) The scheduled starting date and calculated
22 completion date;
23 (4) The total cost of the course of instruction
24 including any charges made by the school for tuition,
25 books, materials, supplies, and other expenses;
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1 (5) A clear and conspicuous statement that the
2 contract is a legally binding instrument when signed by
3 the student and accepted by the school;
4 (6) A clear and conspicuous caption in bold type that
5 is at least 10 point, larger than the other text in the
6 agreement, and in all capital letters that states,
7 "BUYER'S RIGHT TO CANCEL" under which it is explained that
8 the student has the right to cancel the initial enrollment
9 agreement until midnight of the fifth business day after
10 the student's enrollment date student has been enrolled;
11 and if notice of the right to cancel is not given to any
12 prospective student at the time the enrollment agreement
13 is signed, then the student has the right to cancel the
14 agreement at any time and receive a refund of all monies
15 paid to date within 10 days of cancellation;
16 (7) A notice to the students that the cancellation
17 must be in writing and given to the registered agent, if
18 any, or managing employee of the school;
19 (8) The school's refund policy for unearned tuition,
20 fees, and other charges;
21 (9) The date of the student's signature and the date
22 of the student's admission;
23 (10) The name of the school employee or agent
24 responsible for procuring, soliciting, or enrolling the
25 student;
26 (11) A clear statement that the institution does not
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1 guarantee employment and a statement describing the
2 school's placement assistance procedures;
3 (12) The graduation requirements of the school;
4 (13) The contents of the following notice, in at least
5 10 point bold type and larger than the other text in the
6 agreement:
7 "NOTICE TO THE STUDENT"
8 "Do not sign this contract before you read it or if it
9 contains any blank space. You are entitled to an exact
10 copy of the contract you sign."
11 (14) A statement either in the enrollment agreement or
12 separately provided and acknowledged by the student
13 indicating the number of students who did not complete the
14 course of instruction for which they enrolled for the past
15 calendar year as compared to the number of students who
16 enrolled in school during the school's past calendar year;
17 (15) The following clear and conspicuous caption, in
18 at least 10 point bold type, larger than the other text in
19 the agreement, and in all capital letters: "COMPLAINTS
20 AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE DEPARTMENT
21 OF FINANCIAL AND PROFESSIONAL REGULATION", set forth with
22 the address, and telephone number, and website address for
23 of the Department's Complaint Intake Unit.
24 (b) If the enrollment is negotiated orally in a language
25 other than English, then copies of the above disclosures shall
26 be tendered in the language in which the contract was
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1 negotiated prior to executing the enrollment agreement.
2 (c) The school shall comply with all applicable
3 requirements of the Retail Installment Sales Act in its
4 enrollment agreement or student contracts.
5 (d) No enrollment agreement or student contract shall
6 contain a wage assignment provision or a confession of
7 judgment clause.
8 (e) Any provision in an enrollment agreement or student
9 contract that purports to waive the student's right to assert
10 against the school, or any assignee, any claim or defense the
11 student he or she may have against the school arising under the
12 contract, including a claim or defense pursuant to Section
13 3B-6, shall be void. No enrollment agreement or student
14 contract shall contain provisions requiring student
15 confidentiality or non-disclosure related to the school and
16 any claim or defense the student may have against the school,
17 and any such provisions shall be void.
18 (f) Two copies of the enrollment agreement shall be signed
19 by the student. One copy shall be given to the student and the
20 school shall retain the other copy as part of the student's
21 permanent record.
22 (g) The school shall comply with all applicable
23 requirements of the Student Debt Assistance Act.
24 (h) At any time upon the Department's request, a licensed
25 school shall provide its current enrollment agreement to the
26 Department for review and compliance with the requirements of
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1 this Act, any applicable rules, and other applicable laws. A
2 licensed school shall be required to have Department review
3 and approval of all enrollment agreements and contracts with
4 students.
5 (i) Licensed public schools will be deemed to be in
6 compliance with this Section if the schools comply with the
7 requirements of its public institution.
8 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
9 (225 ILCS 410/3B-13)
10 (Section scheduled to be repealed on January 1, 2026)
11 Sec. 3B-13. Rules; refunds. Schools regulated under this
12 Section shall issue refunds based on the following schedule.
13 The refund policy shall provide that:
14 (1) Schools shall, when a student gives written notice
15 of cancellation, provide a refund in the amount of at
16 least the following:
17 (a) When notice of cancellation is given within 5
18 days after the date of enrollment date, all
19 application and registration fees, tuition, and any
20 other charges shall be refunded to the student.
21 (b) When notice of cancellation is given after the
22 fifth day following the enrollment date but before the
23 completion of the student's first day of class
24 attendance, the school may retain no more than the
25 application and registration fee, plus the cost of any
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1 books or materials which have been provided by the
2 school and retained by the student.
3 (c) When notice of cancellation is given after the
4 student's completion of the first day of class
5 attendance but prior to the student's completion of 5%
6 of the course of instruction, the school may retain
7 the application and registration fee and an amount not
8 to exceed 10% of the tuition and other instructional
9 charges or $300, whichever is less, plus the cost of
10 any books or materials which have been provided by the
11 school.
12 (d) When a student has completed 5% or more of the
13 course of instruction, the school may retain the
14 application and registration fee and the cost of any
15 books or materials which have been provided by the
16 school but shall refund a part of the tuition and other
17 instructional charges in accordance with the
18 requirements of the school's regional or national
19 accrediting agency, if any, or rules that the
20 Department shall promulgate for purposes of this
21 Section.
22 (2) Applicants not accepted by the school shall
23 receive a refund of all tuition and fees paid.
24 (3) Application and registration fees shall be
25 chargeable at initial enrollment and shall not exceed
26 $100. All fees must be disclosed in the student contract.
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1 (4) Deposits or down payments shall become part of the
2 tuition.
3 (5) The school shall mail a written acknowledgement of
4 a student's cancellation or written withdrawal to the
5 student within 15 calendar days of the date of
6 notification. Written acknowledgement is not necessary if
7 a refund has been mailed to the student within the 15
8 calendar days.
9 (6) If the school cancels or discontinues a course,
10 the student shall be entitled to receive from the school
11 such refund or partial refund of the tuition, fees, and
12 other charges paid by the student or on behalf of the
13 student as is provided under rules promulgated by the
14 Department.
15 (7) Except as otherwise provided by this Act, all
16 student refunds shall be made by the school within 45
17 calendar days after the date of notice of the student's
18 cancellation or the date that the school determines that
19 the student has officially or unofficially withdrawn.
20 (8) A student shall give notice of cancellation to the
21 school in writing. The unexplained absence of a student
22 from a school for more than 30 consecutive calendar days
23 shall constitute constructive notice of cancellation to
24 the school. For purposes of cancellation, the cancellation
25 date shall be the last day of attendance.
26 (9) A school may make refunds which exceed those
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1 required by this Section.
2 (10) A school shall provide each current Each student
3 and former student with shall be entitled to receive from
4 the school that the student attends or attended an
5 official transcript of all hours completed by the student
6 at that school for which the applicable tuition, fees, and
7 other charges have been paid, together with the grades
8 earned by the student for those hours, even if the current
9 or former student owes a debt, as enumerated in the
10 Student Debt Assistance Act, provided that a student who
11 withdraws from or drops out of a school, by written notice
12 of cancellation or otherwise, shall not be entitled to any
13 transcript of completed hours following the expiration of
14 the 7-year period that began on the student's first day of
15 attendance at the school. A reasonable fee, not exceeding
16 $5 $2, may be charged by the school for each transcript
17 after the first free transcript that the school is
18 required to provide to a student or former student under
19 this Section.
20 (Source: P.A. 99-427, eff. 8-21-15.)
21 (225 ILCS 410/3B-15)
22 (Section scheduled to be repealed on January 1, 2026)
23 Sec. 3B-15. Grounds for disciplinary action. In addition
24 to any other cause herein set forth the Department may refuse
25 to issue or renew and may suspend, place on probation, or
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1 revoke any license to operate a school, or take any other
2 disciplinary or non-disciplinary action that the Department
3 may deem proper, including the imposition of fines not to
4 exceed $5,000 for each violation, for any one or any
5 combination of the following causes:
6 (1) Repeated violation of any provision of this Act or
7 any standard or rule established under this Act.
8 (2) Knowingly furnishing false, misleading, or
9 incomplete information to the Department or failure to
10 furnish information requested by the Department.
11 (3) Violation of any commitment made in an application
12 for a license, including failure to maintain standards
13 that are the same as, or substantially equivalent to,
14 those represented in the school's applications and
15 advertising.
16 (4) Presenting to prospective students information
17 relating to the school, or to employment opportunities or
18 opportunities for enrollment in institutions of higher
19 learning after entering into or completing courses offered
20 by the school, that is false, misleading, or fraudulent.
21 (5) Failure to provide premises or equipment or to
22 maintain them in a safe and sanitary condition as required
23 by law.
24 (6) Failure to maintain financial resources adequate
25 for the satisfactory conduct of the courses of instruction
26 offered or to retain a sufficient and qualified
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1 instructional and administrative staff.
2 (7) Refusal to admit applicants on account of race,
3 color, creed, sex, physical or mental disability unrelated
4 to ability, religion, or national origin.
5 (8) Paying a commission or valuable consideration to
6 any person for acts or services performed in violation of
7 this Act.
8 (9) Attempting to confer a fraudulent degree, diploma,
9 or certificate upon a student.
10 (10) Failure to correct any deficiency or act of
11 noncompliance under this Act or the standards and rules
12 established under this Act within reasonable time limits
13 set by the Department.
14 (11) Conduct of business or instructional services
15 other than at locations approved by the Department.
16 (12) Failure to make all of the disclosures or making
17 inaccurate disclosures to the Department or in the
18 enrollment agreement as required under this Act.
19 (13) Failure to make appropriate refunds as required
20 by this Act.
21 (14) Denial, loss, or withdrawal of accreditation by
22 any accrediting agency.
23 (15) During any calendar year, having a failure rate
24 of 25% or greater for those of its students who for the
25 first time take the examination authorized by the
26 Department to determine fitness to receive a license as a
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1 barber, barber teacher, cosmetologist, cosmetology
2 teacher, esthetician, esthetician teacher, hair braider,
3 hair braiding teacher, nail technician, or nail technology
4 teacher, provided that a student who transfers into the
5 school having completed 50% or more of the required
6 program and who takes the examination during that calendar
7 year shall not be counted for purposes of determining the
8 school's failure rate on an examination, without regard to
9 whether that transfer student passes or fails the
10 examination.
11 (16) Failure to maintain a written record indicating
12 the funds received per student and funds paid out per
13 student. Such records shall be maintained for a minimum of
14 7 years and shall be made available to the Department upon
15 request. Such records shall identify the funding source
16 and amount for any student who has enrolled as well as any
17 other item set forth by rule.
18 (17) Failure to maintain a copy of the student record
19 as defined by rule.
20 (18) Entering into enrollment agreements or contracts
21 with students that are not in accordance with this Act and
22 any applicable rules.
23 (Source: P.A. 98-911, eff. 1-1-15; 99-143, eff. 7-27-15.)
24 (225 ILCS 410/3B-16)
25 (Section scheduled to be repealed on January 1, 2026)
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1 Sec. 3B-16. Exceptions for public schools Department of
2 Corrections. The Secretary may waive any requirement of this
3 Act or of the rules enacted by the Department pursuant to this
4 Act pertaining to the operation of a barber, cosmetology,
5 esthetics, hair braiding, or nail technology school owned or
6 operated by the Department of Corrections, Federal Bureau of
7 Prisons, or a county jail or county department of corrections
8 and located in a correctional facility to educate inmates that
9 is inconsistent with the mission or operations of the
10 Department of Corrections, Federal Bureau of Prisons, or a
11 county jail or county department of corrections or is
12 detrimental to the safety and security of any correctional
13 facility or for any other reason related to the operation of
14 the facility. The Secretary may waive any requirement of this
15 Act or of the rules enacted by the Department pursuant to this
16 Act pertaining to the operation of a barber, cosmetology,
17 esthetics, hair braiding, or nail technology school owned or
18 operated by a public Secondary School including a high school,
19 a School for a Designated Purpose, or a Alternative High
20 School under the School Code, and located on the school's
21 property to educate students that is inconsistent with the
22 mission or operations of the public school or is detrimental
23 to the safety and security of the school, or any other reason
24 related to the operation of the school. Nothing in this
25 Section 3B-16 exempts the Department of Corrections, the
26 Federal Bureau of Prisons, a county jail or county department
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1 of corrections, or Secondary Schools defined as high schools,
2 Schools for a Designated Purpose, and Alternative High Schools
3 under the School Code from the necessity of licensure.
4 (Source: P.A. 98-911, eff. 1-1-15.)
5 (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
6 (Section scheduled to be repealed on January 1, 2026)
7 Sec. 3C-1. Definitions. "Nail technician" means any person
8 who for compensation manicures, pedicures, or decorates nails,
9 applies artificial applications by hand or with mechanical or
10 electrical apparatus or appliances, or in any way beautifies
11 the nails or the skin of the hands or feet including massaging
12 the hands, arms, elbows, feet, lower legs, and knees of
13 another person for other than the treatment of medical
14 disorders.
15 However, nail technicians are prohibited from using
16 techniques, products, and practices intended to affect the
17 living layers of the skin. The term nail technician includes
18 rendering advice on what is cosmetically appealing, but no
19 person licensed under this Act shall render advice on what is
20 appropriate medical treatment for diseases of the nails or
21 skin.
22 "Nail technician teacher" means an individual licensed by
23 the Department to provide instruction in the theory and
24 practice of nail technology to students in a licensed an
25 approved nail technology school.
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1 (Source: P.A. 98-911, eff. 1-1-15.)
2 (225 ILCS 410/3C-2) (from Ch. 111, par. 1703C-2)
3 (Section scheduled to be repealed on January 1, 2026)
4 Sec. 3C-2. License; qualifications. A person is qualified
5 to receive a license as a nail technician if that person
6 applies in writing or electronically on forms provided by the
7 Department, pays the required fee, and:
8 (a) Is at least 16 years of age;
9 (b) Is beyond the age of compulsory school attendance
10 or has a certificate of graduation from a school providing
11 secondary education or the recognized equivalent of that
12 certificate;
13 (c) Has graduated from a licensed school of
14 cosmetology or school of nail technology approved by the
15 Department, having completed a program of 350 hours in the
16 study of nail technology extending over a period of not
17 less than 8 weeks nor more than 2 consecutive years;
18 (d) Has passed an examination authorized by the
19 Department to determine eligibility to receive a license
20 as a nail technician; and
21 (e) Has met any other requirements of this Act or any
22 applicable rules.
23 Time spent in the study of nail technology under the laws
24 of another state or territory of the United States, or of a
25 foreign country or province, shall be credited toward the
SB2495 Enrolled - 76 - LRB104 10444 AAS 20519 b
1 period of study required by the provisions of subsection (c).
2 (Source: P.A. 94-451, eff. 12-31-05.)
3 (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
4 (Section scheduled to be repealed on January 1, 2026)
5 Sec. 3C-3. Licensure as a nail technology teacher;
6 qualifications.
7 (a) A person is qualified to receive a license as a nail
8 technology teacher if that person has filed an application on
9 forms provided by the Department, paid the required fee, and:
10 (1) is at least 18 years of age;
11 (2) has graduated from high school or its equivalent;
12 (3) has a current license as a cosmetologist or nail
13 technician;
14 (4) has either: (1) completed a program of 500 hours
15 of teacher training in a licensed school of nail
16 technology or cosmetology, and had 2 years of practical
17 experience as a nail technician; or (2) has completed a
18 program of 625 hours of teacher training in a licensed
19 school of cosmetology approved to teach nail technology or
20 school of nail technology; and
21 (5) who has passed an examination authorized by the
22 Department to determine eligibility to receive a license
23 as a cosmetology or nail technology teacher; and.
24 (6) has met any other requirements of this Act and any
25 applicable rules.
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1 (b) An applicant who receives a license as a nail
2 technology teacher shall not be required to maintain a license
3 as a nail technician.
4 (Source: P.A. 98-911, eff. 1-1-15.)
5 (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
6 (Section scheduled to be repealed on January 1, 2026)
7 Sec. 3C-7. Examinations; failure or refusal to take
8 examination. The Department shall authorize examinations of
9 applicants for licenses as nail technicians and teachers of
10 nail technology at the times and places as it may determine.
11 Upon request, the examinations shall be administered in
12 Spanish and any other language as may be determined by the
13 Department to be necessary pursuant to the Language Equity and
14 Access Act. An applicant for licensure as a nail technician
15 who has completed 280 hours in the study of nail technology may
16 take the examination.
17 The Department shall authorize not less than 4
18 examinations for licenses as nail technicians, and nail
19 technology teachers in a calendar year.
20 If an applicant neglects, fails without an approved
21 excuse, or refuses to take the next available examination
22 offered for licensure under this Act, the fee paid by the
23 applicant shall be forfeited to the Department and the
24 application denied. If an applicant fails to pass an
25 examination for licensure under this Act within 3 years after
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1 filing an application, the application shall be denied.
2 Nevertheless, the applicant may thereafter make a new
3 application for examination, accompanied by the required fee,
4 if he or she meets the requirements in effect at the time of
5 reapplication. If an applicant for licensure as a nail
6 technician or nail technology teacher is unsuccessful at 3
7 examinations conducted by the Department, the applicant shall,
8 before taking a subsequent examination, furnish evidence of
9 successfully completing (i) for a nail technician, not less
10 than 24 60 hours of additional study of nail technology in a
11 licensed school of cosmetology approved to teach nail
12 technology or nail technology and (ii) for a nail technology
13 teacher, not less than 80 hours of additional study in
14 teaching methodology and educational psychology in a licensed
15 an approved school of cosmetology or nail technology since the
16 applicant last took the examination. The requirements for
17 remedial training set forth in this Section may be waived in
18 whole or in part by the Department upon proof to the Department
19 that the applicant has demonstrated competence to sit for the
20 examination again or if the Department otherwise determines a
21 waiver is appropriate. The Department shall adopt rules
22 establishing the standards by which this determination shall
23 be made.
24 An applicant who fails the fourth examination shall not
25 again be admitted to an examination unless: (i) in the case of
26 an applicant for a license as a nail technician, the applicant
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1 again takes and completes a total of 350 hours in the study of
2 nail technology in an approved school of cosmetology or nail
3 technology extending over a period that commences after the
4 applicant fails to pass the fourth examination and that is not
5 less than 8 weeks nor more than 2 consecutive years in
6 duration; or (ii) in the case of an applicant for licensure as
7 a nail technology teacher, the applicant again takes and
8 completes a program of 625 hours of teacher training in a
9 licensed school of cosmetology, or nail technology, except
10 that if the applicant had 2 years of practical experience as a
11 licensed nail technician within 5 years preceding the initial
12 examination taken by the applicant, the applicant must again
13 take and complete a program of 500 hours of teacher training in
14 a licensed school of cosmetology approved to teach nail
15 technology, or a licensed school of nail technology.
16 Each applicant for licensure as a nail technician shall be
17 given an a written examination testing both theoretical and
18 practical knowledge, which shall include, but not be limited
19 to, questions that determine the applicant's knowledge of
20 product chemistry, sanitary rules, sanitary procedures,
21 hazardous chemicals and exposure minimization, this Act, and
22 labor and compensation laws.
23 The examination for licensure as a nail technology teacher
24 may include knowledge of the subject matter, teaching
25 methodology, classroom management, record keeping, and any
26 other subjects that the Department in its discretion may deem
SB2495 Enrolled - 80 - LRB104 10444 AAS 20519 b
1 necessary to ensure insure competent performance.
2 This Act does not prohibit the practice of nail technology
3 by a person who has applied in writing to the Department, in
4 form and substance satisfactory to the Department, for a
5 license as a nail technician, or the teaching of nail
6 technology by one who has applied in writing to the
7 Department, in form and substance satisfactory to the
8 Department, for a license as a nail technology teacher, if the
9 person has complied with all the provisions of this Act in
10 order to qualify for a license, except the passing of an
11 examination to be eligible to receive a license, until: (a)
12 the expiration of 6 months after the filing of the written
13 application, or (b) the decision of the Department that the
14 applicant has failed to pass an examination within 6 months or
15 failed without an approved excuse to take an examination
16 conducted within 6 months by the Department, or (c) the
17 withdrawal of the application.
18 (Source: P.A. 100-642, eff. 1-1-19; 100-934, eff. 1-1-19.)
19 (225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
20 (Section scheduled to be repealed on January 1, 2026)
21 Sec. 3C-8. License renewal; expiration; continuing
22 education; persons in military service. The holder of a
23 license issued under this Article may renew that license
24 during the month preceding the expiration date of the license
25 by paying the required fee and giving evidence, as the
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1 Department may prescribe, of completing not less than 10 hours
2 of continuing education for a nail technician and 20 hours of
3 continuing education for a nail technology teacher, within the
4 2 years prior to renewal. The continuing education shall be in
5 subjects approved by the Department as set by rule upon
6 recommendation of the Barber, Cosmetology, Esthetics, Hair
7 Braiding, and Nail Technology Board relating to the practice
8 of nail technology, including, but not limited to, review of
9 sanitary procedures, review of chemical service procedures,
10 review of this Act, and review of the Workers' Compensation
11 Act. However, at least 10 of the hours of continuing education
12 required for a nail technology teacher shall be in subjects
13 relating to teaching methodology, educational psychology, and
14 classroom management or in other subjects related to teaching.
15 For the initial renewal of a nail technician's license
16 which requires continuing education, as prescribed by rule,
17 one hour of the continuing education shall include domestic
18 violence and sexual assault awareness education as prescribed
19 by rule of the Department. For every subsequent renewal of a
20 nail technician's license, one hour of the continuing
21 education may include domestic violence and sexual assault
22 awareness education as prescribed by rule of the Department.
23 The one-hour domestic violence and sexual assault awareness
24 continuing education course shall be provided by a continuing
25 education provider approved by the Department, except that
26 completion from March 12, 2016 to March 15, 2016 of a one-hour
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1 domestic violence and sexual assault awareness course from a
2 domestic violence and sexual assault awareness organization
3 shall satisfy this requirement.
4 The Department shall establish by rule methods for the
5 verification of completion of the continuing education
6 required by this Section and for the restoration of a license.
7 This verification may be accomplished through audits of
8 records maintained by continuing education sponsors and
9 licensees, by requiring the filing of continuing education
10 certificates with the Department, by accepting attestations of
11 completion of continuing education from licensees, or by any
12 other means established by the Department.
13 The Department may prescribe rules regarding the
14 requirements for domestic violence and sexual assault
15 awareness continuing education courses and teachers.
16 The Department, in its discretion, may waive enforcement
17 of the continuing education requirement in this Section,
18 including the domestic violence and sexual assault awareness
19 education requirement, and shall adopt rules defining the
20 standards and criteria for such waiver, under the following
21 circumstances:
22 (a) the licensee resides in a locality where it is
23 demonstrated that the absence of opportunities for such
24 education would interfere with the ability of the licensee
25 to provide service to the public;
26 (b) the licensee's compliance with the continuing
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1 education requirements would cause a substantial financial
2 hardship on the licensee;
3 (c) the licensee is serving in the United States Armed
4 Forces; or
5 (d) the licensee is incapacitated due to illness;.
6 (e) that the licensee has been caring for an ill or
7 disabled family member; or
8 (f) other circumstances as provided by rule.
9 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;
10 99-766, eff. 1-1-17.)
11 (225 ILCS 410/3C-10)
12 (Section scheduled to be repealed on January 1, 2026)
13 Sec. 3C-10. Inactive status. Any nail technician or nail
14 technology teacher who notifies the Department in writing or
15 electronically on forms prescribed by the Department may elect
16 to place a his or her license on inactive status and shall,
17 subject to rules of the Department, be excused from payment of
18 renewal fees until that person he or she notifies the
19 Department in writing of the person's his or her desire to
20 resume active status.
21 Any nail technician or nail technology teacher requesting
22 restoration from inactive status shall be required to pay the
23 current renewal fee and to qualify for the restoration of the
24 his or her license, subject to rules of the Department. A
25 license shall not be restored from inactive status unless the
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1 nail technician or nail technology teacher requesting the
2 restoration completes the number of hours of continuing
3 education required for renewal of a license under Section
4 3C-8.
5 Any nail technician or nail technology teacher whose
6 license is in inactive status shall not practice in the State
7 of Illinois.
8 (Source: P.A. 99-427, eff. 8-21-15.)
9 (225 ILCS 410/3D-5)
10 (Section scheduled to be repealed on January 1, 2026)
11 Sec. 3D-5. Requisites for ownership or operation of
12 cosmetology, esthetics, hair braiding, and nail technology
13 salons and barber shops.
14 (a) No person, firm, partnership, limited liability
15 company, professional limited liability company, corporation,
16 or professional service or corporation shall own or operate a
17 cosmetology, esthetics, hair braiding, or nail technology
18 salon or barber shop or employ, rent space to, or
19 independently contract with any licensee under this Act
20 without applying on forms provided by the Department for a
21 certificate of registration. This registration shall be in
22 addition to and shall not replace or supersede any other
23 business license, registration, or permit that may be required
24 by local municipalities or other governmental entities to own
25 or operate a business in the governmental entity's
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1 jurisdiction. The issuance of a license, registration, or
2 permit by a municipality or another governmental entity to a
3 salon or shop shall not waive the requirement to obtain a
4 certificate of registration from the Department to own or
5 operate a salon or shop.
6 (b) The application for a certificate of registration
7 under this Section shall set forth the name, address, and
8 telephone number of the proposed cosmetology, esthetics, hair
9 braiding, or nail technology salon or barber shop; the name,
10 address, and telephone number of the person, firm,
11 partnership, limited liability company, professional limited
12 liability company, corporation, or professional service
13 corporation that is to own or operate the salon or shop; the
14 license number of the owner or operator of the shop if they are
15 licensed under the Act or the name and license number of the
16 individual manager of the salon or shop; and, if the salon or
17 shop is to be owned or operated by an entity other than an
18 individual, the name, address, and telephone number of the
19 managing partner or the chief executive officer of the
20 corporation or other entity that owns or operates the salon or
21 shop. A person who is not licensed under the Act may own or
22 operate a salon or shop, but may not practice barbering,
23 cosmetology, esthetics, hair braiding, or nail technology. An
24 unlicensed owner or operator of a salon or shop shall employ at
25 least one person as a manager who holds a license under the Act
26 and manages the salon or shop. The licensed owner, operator,
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1 or manager of a salon or shop shall ensure that the salon or
2 shop operates in compliance with this Act and any applicable
3 rules, and the owner's, operator's, or manager's name and
4 license number shall be posted with the certificate of
5 registration at the salon or shop.
6 (c) The Department shall be notified by the owner or
7 operator of a salon or shop that is moved to a new location. If
8 there is a change in the ownership or operation or manager of a
9 salon or shop, the new owner, or operator, or manager shall
10 report that change to the Department along with completion of
11 any additional requirements set forth by rule.
12 (d) If a person, firm, partnership, limited liability
13 company, professional limited liability company, corporation,
14 or professional service corporation owns or operates more than
15 one shop or salon, a separate certificate of registration must
16 be obtained for each salon or shop.
17 (e) A certificate of registration granted under this
18 Section may be revoked in accordance with the provisions of
19 Article IV and the holder of the certificate and any licensed
20 managers may be otherwise disciplined by the Department in
21 accordance with rules adopted under this Act.
22 (f) The Department may promulgate rules to establish
23 additional requirements for owning or operating a salon or
24 shop.
25 (g) The requirement of a certificate of registration as
26 set forth in this Section shall also apply to any person, firm,
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1 partnership, limited liability company, professional limited
2 liability company, corporation, or professional service
3 corporation providing barbering, cosmetology, esthetics, hair
4 braiding, or nail technology services at any location not
5 owned or rented by such person, firm, partnership, limited
6 liability company, professional limited liability company,
7 corporation, or professional service corporation for these
8 purposes or from a mobile shop or salon. Notwithstanding any
9 provision of this Section, applicants for a certificate of
10 registration under this subsection (g) shall report in its
11 application the address and telephone number of its office and
12 shall not be required to report the location where services
13 are or will be rendered. Nothing in this subsection (g) shall
14 apply to a sole proprietor who has no employees or contractors
15 and is not operating a mobile shop or salon.
16 (Source: P.A. 99-427, eff. 8-21-15.)
17 (225 ILCS 410/3E-2)
18 (Section scheduled to be repealed on January 1, 2026)
19 Sec. 3E-2. Hair braider licensure; qualifications.
20 (a) A person is qualified to receive a license as a hair
21 braider if he or she has filed an application in writing or
22 electronically on forms provided by the Department, paid the
23 required fees, and meets the following qualifications:
24 (1) Is at least 16 years of age;
25 (2) Is beyond the age of compulsory school attendance
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1 or has received a certificate of graduation from a school
2 providing secondary education, or the recognized
3 equivalent of that certificate; and
4 (3) Has completed a program consisting of a minimum of
5 300 clock hours or a 10 credit hour equivalency of
6 instruction, as defined by rule, in a licensed cosmetology
7 school teaching a hair braiding curriculum or in a
8 licensed hair braiding school as follows:
9 (A) Basic training consisting of 35 hours of
10 classroom instruction in general theory, practical
11 application, and technical application in the
12 following subject areas: history of hair braiding,
13 personal hygiene and public health, professional
14 ethics, disinfection and sanitation, bacteriology,
15 disorders and diseases of the hair and scalp, OSHA
16 standards relating to material safety data sheets
17 (MSDS) on chemicals, hair analysis and scalp care, and
18 technical procedures;
19 (B) Related concepts consisting of 35 hours of
20 classroom instruction in the following subject areas:
21 Braid removal and scalp care; basic styling knowledge;
22 tools and equipment; growth patterns, styles and
23 sectioning; client consultation and face shapes; and
24 client education, pre-care, post-care, home care and
25 follow-up services;
26 (C) Practices and procedures consisting of 200
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1 hours of instruction, which shall be a combination of
2 classroom instruction and clinical practical
3 application, in the following subject areas: single
4 braids with and without extensions; cornrows with and
5 without extensions; twists and knots; multiple
6 strands; hair locking; weaving/sewn-in; other
7 procedures as they relate to hair-braiding; and
8 product knowledge as it relates to hair braiding; and
9 (D) Business practices consisting of 30 hours of
10 classroom instruction in the following subject areas:
11 Illinois Barber, Cosmetology, Esthetics, Hair
12 Braiding, and Nail Technology Act of 1985 and Rules;
13 salon management; human relations and salesmanship;
14 and Workers' Compensation Act; and.
15 (4) Has met any other requirements of this Act and any
16 applicable rules.
17 (b) The expiration date and renewal period for each
18 license issued under this Act shall be set by rule.
19 (c) Within 2 years after the effective date of this
20 amendatory Act of the 96th General Assembly, the Department
21 may issue a hair braider license to any applicant who does not
22 meet the requirements of items (2) and (3) of subsection (a) of
23 this Section if the applicant: (1) files an application in
24 accordance with subsection (a), (2) pays the required fee, (3)
25 has not committed an offense that would be grounds for
26 discipline under this Act, and (4) is able to demonstrate to
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1 the Department through tax records or affidavits that he or
2 she has practiced hair braiding for at least 2 consecutive
3 years immediately prior to the date of his or her application.
4 A hair braider who obtains his or her license under this
5 subsection (c) may renew his or her license if he or she
6 applies to the Department for renewal and has completed at
7 least 65 hours of relevant training in health, safety,
8 hygiene, and business management in accordance with the
9 requirements of this Section or any rule adopted pursuant to
10 this Section. A hair braider who renews his or her license
11 under this subsection (c) may thereafter only renew his or her
12 license if he or she meets the requirements of Section 3E-5 of
13 this Act.
14 (Source: P.A. 96-1246, eff. 1-1-11; 97-333, eff. 8-12-11.)
15 (225 ILCS 410/3E-5)
16 (Section scheduled to be repealed on January 1, 2026)
17 Sec. 3E-5. License renewal. To renew a license issued
18 under this Article, an individual must produce proof of
19 successful completion of 10 hours of continuing education for
20 a hair braider license and 20 hours of continuing education
21 for a hair braiding teacher license.
22 For the initial renewal of a hair braider's license which
23 requires continuing education, as prescribed by rule, one hour
24 of the continuing education shall include domestic violence
25 and sexual assault awareness education as prescribed by rule
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1 of the Department. For every subsequent renewal of a hair
2 braider's license, one hour of the continuing education may
3 include domestic violence and sexual assault awareness
4 education as prescribed by rule of the Department. The
5 one-hour domestic violence and sexual assault awareness
6 continuing education course shall be provided by a continuing
7 education provider approved by the Department, except that
8 completion from March 12, 2016 to March 15, 2016 of a one-hour
9 domestic violence and sexual assault awareness course from a
10 domestic violence and sexual assault awareness organization
11 shall satisfy this requirement.
12 The Department may prescribe rules regarding the
13 requirements for domestic violence and sexual assault
14 awareness continuing education courses and teachers.
15 The Department may accept certifications of completion of
16 continuing education from licensees for renewals and shall
17 establish by rule a means for the verification of completion
18 of the continuing education required under this Section. This
19 verification may be accomplished through audits of records
20 maintained by continuing education sponsors and licensees, by
21 requiring the filing of continuing education certificates with
22 the Department, by accepting attestations of completion of
23 continuing education from licensees, or by other means
24 established by the Department.
25 The Department may waive enforcement of the continuing
26 education requirement in this Section, including the domestic
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1 violence and sexual assault awareness education requirement,
2 and shall adopt rules defining the standards and criteria for
3 such waiver, under the following circumstances:
4 (1) the licensee resides in a locality where it is
5 demonstrated that the absence of opportunities for such
6 education would interfere with the ability of the licensee
7 to provide service to the public;
8 (2) the licensee's compliance with the continuing
9 education requirements would cause a substantial financial
10 hardship on the licensee;
11 (3) the licensee is serving in the United States Armed
12 Forces;
13 (4) the licensee is incapacitated due to illness;
14 (5) the licensee has been caring for an ill or
15 disabled family member; or
16 (6) other circumstances as provided by rule.
17 (Source: P.A. 99-427, eff. 8-21-15; 99-766, eff. 1-1-17.)
18 (225 ILCS 410/3E-7)
19 (Section scheduled to be repealed on January 1, 2026)
20 Sec. 3E-7. Inactive status. Any hair braider or hair
21 braiding teacher who notifies the Department in writing or
22 electronically on forms prescribed by the Department may elect
23 to place a his or her license on inactive status and shall,
24 subject to rules of the Department, be excused from payment of
25 renewal fees until that person he or she notifies the
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1 Department in writing or electronically of the person's his or
2 her desire to resume active status.
3 Any hair braider or hair braiding teacher requesting
4 restoration from inactive status shall be required to pay the
5 current renewal fee and to qualify for the restoration of the
6 his or her license, subject to rules of the Department. A
7 license shall not be restored from inactive status unless the
8 hair braider or hair braiding teacher requesting the
9 restoration completes the number of hours of continuing
10 education required for renewal of a license under Section
11 3E-5.
12 Any hair braider or hair braiding teacher whose license is
13 in inactive status shall not practice in the State of
14 Illinois.
15 (Source: P.A. 99-427, eff. 8-21-15.)
16 (225 ILCS 410/4-1)
17 (Section scheduled to be repealed on January 1, 2026)
18 Sec. 4-1. Powers and duties of Department. The Department
19 shall exercise, subject to the provisions of this Act, the
20 following functions, powers and duties:
21 (1) To cause to be conducted examinations to ascertain
22 the qualifications and fitness of applicants for licensure
23 as cosmetologists, estheticians, nail technicians, hair
24 braiders, or barbers and as cosmetology, esthetics, nail
25 technology, hair braiding, or barber teachers.
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1 (2) To determine the qualifications for licensure as
2 (i) a cosmetologist, esthetician, nail technician, hair
3 braider, or barber, or (ii) a cosmetology, esthetics, nail
4 technology, hair braiding, or barber teacher, or (iii) a
5 cosmetology clinic teacher for persons currently holding
6 similar licenses outside the State of Illinois or the
7 continental U.S.
8 (3) To prescribe rules for:
9 (i) The method of examination of candidates for
10 licensure as a cosmetologist, esthetician, nail
11 technician, hair braider, or barber or cosmetology,
12 esthetics, nail technology, hair braiding, or barber
13 teacher.
14 (ii) Minimum standards as to what constitutes an
15 approved cosmetology, esthetics, nail technology, hair
16 braiding, or barber school.
17 (iii) Minimum standards as to what constitutes an
18 approved continuing education sponsor for the
19 professions under this Act.
20 (4) To conduct investigations or hearings on
21 proceedings to determine disciplinary action.
22 (5) To conduct inspections of cosmetology, esthetics,
23 nail technology, hair braiding, or barber schools, salons,
24 or shops for compliance with this Act and any applicable
25 rules and to prescribe reasonable rules governing the
26 sanitary regulation and inspection of cosmetology,
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1 esthetics, nail technology, hair braiding, or barber
2 schools, salons, or shops.
3 (6) To prescribe reasonable rules for the method of
4 renewal for each license as a cosmetologist, esthetician,
5 nail technician, hair braider, or barber or cosmetology,
6 esthetics, nail technology, hair braiding, or barber
7 teacher or cosmetology clinic teacher or for schools and
8 continuing education sponsors.
9 (7) To prescribe reasonable rules for the method of
10 registration, the issuance, fees, renewal and discipline
11 of a certificate of registration for the ownership or
12 operation of cosmetology, esthetics, hair braiding, and
13 nail technology salons and barber shops.
14 (8) To adopt rules concerning sanitation requirements,
15 requirements for education on sanitation, and any other
16 health concerns associated with threading.
17 (Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15.)
18 (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
19 (Section scheduled to be repealed on January 1, 2026)
20 Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair
21 Braiding, and Nail Technology Board. There is established
22 within the Department the Barber, Cosmetology, Esthetics, Hair
23 Braiding, and Nail Technology Board, composed of 11 persons
24 appointed by the Secretary, which shall serve in an advisory
25 capacity to the Secretary in all matters related to the
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1 practice of barbering, cosmetology, esthetics, hair braiding,
2 and nail technology.
3 The 11 members of the Board shall be appointed as follows:
4 4 6 licensed cosmetologists or cosmetology teachers, all of
5 whom hold a current license as a cosmetologist or cosmetology
6 teacher and, for appointments made after the effective date of
7 this amendatory Act of 1996, at least one 2 of whom shall be an
8 owner of or a major stockholder in a school of cosmetology, one
9 2 of whom shall be a representative representatives of either
10 a franchiser or an owner operating salons in 2 or more
11 locations within the State, and one of whom shall be an
12 independent salon owner, and no one of the cosmetologist
13 members shall be a manufacturer, jobber, or stockholder in a
14 factory of cosmetology articles or an immediate family member
15 of any of the above; one of whom shall be a licensed barber,
16 esthetician, nail technician, or hair braider or a teacher of
17 one these professions who shall be an owner of or major
18 stockholder in a school of barbering, esthetics, nail
19 technology, or hair braiding; one of whom shall be a licensed
20 barber, esthetician, nail technician, or hair braider and an
21 owner operating one or more shops or salons registered under
22 this Act; one of whom shall be a licensed barber or barber
23 teacher holding a current license; one member who shall be a
24 licensed esthetician or esthetics teacher; one member who
25 shall be a licensed nail technician or nail technology
26 teacher; one member who shall be a licensed hair braider or
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1 hair braiding teacher; and one public member, as defined in
2 Section 1-4 of this Act, who holds no licenses issued by the
3 Department under this Act; and none of the members shall be a
4 manufacturer, jobber, or stockholder in a factory of
5 cosmetology articles or an immediate family member of a
6 manufacturer, jobber, or stockholder in a factory of
7 cosmetology articles. The Secretary shall give due
8 consideration for membership to recommendations by members of
9 the professions and by their professional organizations. Each
10 member Members shall serve a term of 4 years or year terms and
11 until their successors are appointed and qualified. No member
12 shall serve on be reappointed to the Board for more than 2 full
13 consecutive terms or for a term that would cause the member's
14 continuous service on the Board to be longer than 10 years. A
15 member who has served 2 full consecutive terms or who has
16 served on the Board for 10 years shall not again serve as a
17 member of the board until 4 years have passed since the
18 member's last term of service. In the case of a Board member
19 position that is vacated before the end of the member's term,
20 an individual may be appointed to serve the unexpired portion
21 of that term, and appointments . Appointments to fill
22 vacancies shall be made in the same manner as original
23 appointments for the unexpired portion of the vacated term.
24 Members of the Board in office on the effective date of any
25 Public Act that makes changes to the requirements for
26 membership to the Board this amendatory Act of 1996 shall
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1 continue to serve for the duration of the terms to which they
2 have been appointed, but beginning on the that effective date
3 of a new Public Act, all appointments of new licensed
4 cosmetologists and barbers to serve as members to of the Board
5 shall be made in a manner that will effect at the earliest
6 possible date the changes made by the Public Act this
7 amendatory Act of 1996 in the representative composition of
8 the Board.
9 For the initial appointment of a member who shall be a hair
10 braider or hair braiding teacher to the Board, such individual
11 shall not be required to possess a license at the time of
12 appointment, but shall have at least 5 years active practice
13 in the field of hair braiding and shall obtain a license as a
14 hair braider or a hair braiding teacher within 18 months after
15 appointment to the Board.
16 A majority of the Board members currently appointed shall
17 constitute a quorum. A vacancy in the membership of the Board
18 shall not impair the right of a quorum to perform all duties of
19 the Board. Six members of the Board shall constitute a quorum.
20 A majority is required for Board decisions.
21 The Board shall elect a chairperson and a vice chairperson
22 annually.
23 The Secretary has the authority to remove any member of
24 the Board for cause at any time. The Secretary shall be the
25 sole arbiter of cause. The Secretary may remove a member of the
26 Board who does not attend 2 consecutive meetings.
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1 Board members are not liable for their acts, omissions,
2 decisions, or other conduct in connection with their duties on
3 the Board, except those determined to be willful, wanton, or
4 intentional misconduct.
5 (Source: P.A. 99-427, eff. 8-21-15.)
6 (225 ILCS 410/4-3) (from Ch. 111, par. 1704-3)
7 (Section scheduled to be repealed on January 1, 2026)
8 Sec. 4-3. Applications. Every person who desires to obtain
9 a license shall apply therefor to the Department in writing or
10 electronically, on forms prepared and furnished by the
11 Department. Each application shall contain proof of the
12 particular qualifications required of the applicant, shall be
13 verified by the applicant under oath, and shall be accompanied
14 by the required fee.
15 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
16 (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
17 (Section scheduled to be repealed on January 1, 2026)
18 Sec. 4-4. Issuance of license. Whenever the provisions of
19 this Act and any applicable rules have been complied with, the
20 Department shall issue a license as a cosmetologist,
21 esthetician, nail technician, hair braider, or barber, a
22 license as a cosmetology, esthetics, nail technology, hair
23 braiding, or barber teacher, or a license as a cosmetology
24 clinic teacher as the case may be.
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1 (Source: P.A. 98-911, eff. 1-1-15.)
2 (225 ILCS 410/4-5) (from Ch. 111, par. 1704-5)
3 (Section scheduled to be repealed on January 1, 2026)
4 Sec. 4-5. Fees; time limitations.
5 (a) Except as provided in paragraph (b) below, the fees
6 for the administration and enforcement of this Act, including
7 but not limited to fees for original licensure, renewal, and
8 restoration shall be set by the Department by rule. The fees
9 shall not be refundable.
10 (b) Applicants for examination shall be required to pay,
11 either to the Department or the designated testing service, a
12 fee covering the cost of initial screening to determine
13 eligibility and providing the examination. Failure to appear
14 for the examination on the scheduled date at the time and place
15 specified, after the applicant's application for examination
16 has been received and acknowledged by the Department or the
17 designated testing service, shall result in the forfeiture of
18 the examination fee.
19 (c) If an applicant fails to pass an examination for
20 licensure under this Act within 3 years after filing his
21 application, the application shall be denied. However, such
22 applicant may thereafter make a new application for
23 examination accompanied by the required fee.
24 (d) An individual applying on the basis of endorsement or
25 restoration of licensure has 3 years from the date of
SB2495 Enrolled - 101 - LRB104 10444 AAS 20519 b
1 application to complete the application process. If the
2 process has not been completed in 3 years, the application
3 shall be denied, the fee forfeited. The applicant may reapply,
4 but shall meet the requirements in effect at the time of
5 reapplication.
6 (e) An applicant has 3 years one year from the date of
7 notification of successful completion of the examination to
8 apply to the Department for a license. If an applicant fails to
9 apply within 3 years, one year the applicant shall be required
10 to take and pass the examination again.
11 (Source: P.A. 99-427, eff. 8-21-15.)
12 (225 ILCS 410/4-6) (from Ch. 111, par. 1704-6)
13 (Section scheduled to be repealed on January 1, 2026)
14 Sec. 4-6. Payments; penalty for insufficient funds. Any
15 person who delivers a check or other payment to the Department
16 that is returned to the Department unpaid by the financial
17 institution upon which it is drawn shall pay to the
18 Department, in addition to the amount already owed to the
19 Department, a fine of $50. The fines imposed by this Section
20 are in addition to any other discipline provided under this
21 Act for unlicensed practice or practice on a nonrenewed
22 license. The Department shall notify the person that payment
23 of fees and fines shall be paid to the Department by certified
24 check or money order within 30 calendar days of the
25 notification. If, after the expiration of 30 days from the
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1 date of the notification, the person has failed to submit the
2 necessary remittance, the Department shall automatically
3 terminate the license or certificate or deny the application,
4 without hearing. If, after termination or denial, the person
5 seeks a license or certificate, the person he or she shall
6 apply to the Department for restoration or issuance of the
7 license or certificate and pay all fees and fines due to the
8 Department. The Department may establish a fee for the
9 processing of an application for restoration of a license or
10 certificate to pay all expenses of processing this
11 application. The Secretary may waive the fines due under this
12 Section in individual cases where the Secretary finds that the
13 fines would be unreasonable or unnecessarily burdensome.
14 (Source: P.A. 96-1246, eff. 1-1-11.)
15 (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
16 (Section scheduled to be repealed on January 1, 2026)
17 Sec. 4-7. Refusal, suspension and revocation of licenses;
18 causes; disciplinary action.
19 (1) The Department may refuse to issue or renew, and may
20 suspend, revoke, place on probation, reprimand or take any
21 other disciplinary or non-disciplinary action as the
22 Department may deem proper, including civil penalties not to
23 exceed $500 for each violation, with regard to any license or
24 registration for any one, or any combination, of the following
25 causes:
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1 a. For licensees, conviction of any crime under the
2 laws of the United States or any state or territory
3 thereof that is (i) a felony, (ii) a misdemeanor, an
4 essential element of which is dishonesty, or (iii) a crime
5 which is related to the practice of the profession and,
6 for initial applicants, convictions set forth in Section
7 4-6.1 of this Act.
8 b. Conviction of any of the violations listed in
9 Section 4-20.
10 c. Material misstatement in furnishing information to
11 the Department.
12 d. Making any misrepresentation for the purpose of
13 obtaining a license or violating any provision of this Act
14 or its rules.
15 e. Aiding or assisting another person in violating any
16 provision of this Act or its rules.
17 f. Failing, within 60 days, to provide information in
18 response to a written request made by the Department.
19 g. Discipline by another state, territory, or country
20 if at least one of the grounds for the discipline is the
21 same as or substantially equivalent to those set forth in
22 this Act.
23 h. Practice in the barber, nail technology, esthetics,
24 hair braiding, or cosmetology profession, or an attempt to
25 practice in those professions, by fraudulent
26 misrepresentation.
SB2495 Enrolled - 104 - LRB104 10444 AAS 20519 b
1 i. Gross malpractice or gross incompetency.
2 j. Continued practice by a person knowingly having an
3 infectious or contagious disease.
4 k. Solicitation of professional services by using
5 false or misleading advertising.
6 l. A finding by the Department that the licensee,
7 after having his or her license placed on probationary
8 status, has violated the terms of probation.
9 m. Directly or indirectly giving to or receiving from
10 any person, firm, corporation, professional service
11 corporation, partnership, limited liability company,
12 professional limited liability company, or association any
13 fee, commission, rebate, or other form of compensation for
14 any professional services not actually or personally
15 rendered.
16 n. Violating any of the provisions of this Act or
17 rules adopted pursuant to this Act.
18 o. Willfully making or filing false records or reports
19 relating to a licensee's practice, including but not
20 limited to, false records filed with State agencies or
21 departments.
22 p. Habitual or excessive use or addiction to alcohol,
23 narcotics, stimulants, or any other chemical agent or drug
24 that results in the inability to practice with reasonable
25 judgment, skill, or safety.
26 q. Engaging in dishonorable, unethical or
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1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public as may be defined by rules of
3 the Department, or violating the rules of professional
4 conduct which may be adopted by the Department.
5 r. Permitting any person to use for any unlawful or
6 fraudulent purpose one's diploma or license or certificate
7 of registration as a cosmetologist, nail technician,
8 esthetician, hair braider, or barber or cosmetology, nail
9 technology, esthetics, hair braiding, or barber teacher or
10 salon or shop or cosmetology clinic teacher or a school or
11 continuing education sponsor.
12 s. Being named as a perpetrator in an indicated report
13 by the Department of Children and Family Services under
14 the Abused and Neglected Child Reporting Act and upon
15 proof by clear and convincing evidence that the licensee
16 has caused a child to be an abused child or neglected child
17 as defined in the Abused and Neglected Child Reporting
18 Act.
19 t. Operating a school, salon, or shop without a valid
20 license or registration.
21 u. Failure to complete required continuing education
22 hours.
23 v. Operating, owning, or managing a school, salon, or
24 shop that is cited for sanitary violations by the
25 Department.
26 (2) In rendering an order, the Secretary shall take into
SB2495 Enrolled - 106 - LRB104 10444 AAS 20519 b
1 consideration the facts and circumstances involving the type
2 of acts or omissions in paragraph (1) of this Section
3 including, but not limited to:
4 (a) the extent to which public confidence in the
5 cosmetology, nail technology, esthetics, hair braiding, or
6 barbering profession was, might have been, or may be,
7 injured;
8 (b) the degree of trust and dependence among the
9 involved parties;
10 (c) the character and degree of harm which did result
11 or might have resulted;
12 (d) the intent or mental state of the licensee at the
13 time of the acts or omissions.
14 (3) The Department may reissue the license or registration
15 upon certification by the Board that the disciplined licensee
16 or registrant has complied with all of the terms and
17 conditions set forth in the final order or has been
18 sufficiently rehabilitated to warrant the public trust.
19 (4) The Department shall refuse to issue or renew or
20 suspend without hearing the license or certificate of
21 registration of any person who fails to file a return, or to
22 pay the tax, penalty or interest shown in a filed return, or to
23 pay any final assessment of tax, penalty or interest, as
24 required by any tax Act administered by the Illinois
25 Department of Revenue, until such time as the requirements of
26 any such tax Act are satisfied as determined by the Department
SB2495 Enrolled - 107 - LRB104 10444 AAS 20519 b
1 of Revenue.
2 (5) (Blank).
3 (6) All fines imposed under this Section shall be paid
4 within 60 days after the effective date of the order imposing
5 the fine or in accordance with the terms set forth in the order
6 imposing the fine.
7 (Source: P.A. 99-427, eff. 8-21-15; 99-876, eff. 1-1-17;
8 100-872, eff. 8-14-18.)
9 (225 ILCS 410/4-8) (from Ch. 111, par. 1704-8)
10 (Section scheduled to be repealed on January 1, 2026)
11 Sec. 4-8. Persons in need of mental treatment. The
12 determination by a circuit court that a licensee is subject to
13 involuntary admission or judicial admission as provided in the
14 Mental Health and Developmental Disabilities Code operates as
15 an automatic suspension. Such suspension shall end only upon a
16 finding by a court that the patient is no longer subject to
17 involuntary admission or judicial admission and issues an
18 order so finding and discharging the patient; and upon the
19 recommendation of the Board to the Secretary that the licensee
20 be allowed to resume practicing his practice.
21 (Source: P.A. 98-911, eff. 1-1-15.)
22 (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
23 (Section scheduled to be repealed on January 1, 2026)
24 Sec. 4-9. Practice without a license or after suspension
SB2495 Enrolled - 108 - LRB104 10444 AAS 20519 b
1 or revocation thereof.
2 (a) If any person, association, firm, partnership, limited
3 liability company, professional limited liability company,
4 corporation, or professional service corporation violates the
5 provisions of this Act, the Secretary may, in the name of the
6 People of the State of Illinois, through the Attorney General
7 of the State of Illinois, petition, for an order enjoining
8 such violation or for an order enforcing compliance with this
9 Act. Upon the filing of a verified petition in such court, the
10 court may issue a temporary restraining order, without notice
11 or bond, and may preliminarily and permanently enjoin such
12 violation, and if it is established that such person,
13 association, firm, partnership, limited liability company,
14 professional limited liability company, corporation, or
15 professional service corporation has violated or is violating
16 the injunction, the Court may punish the offender for contempt
17 of court. Proceedings under this Section shall be in addition
18 to, and not in lieu of, all other remedies and penalties
19 provided by this Act.
20 (b) If any person shall practice as a barber,
21 cosmetologist, nail technician, hair braider, or esthetician,
22 or teacher thereof or cosmetology clinic teacher or hold
23 himself or herself out as such without being licensed under
24 the provisions of this Act, any licensee, any interested
25 party, or any person injured thereby may, in addition to the
26 Secretary, petition for relief as provided in subsection (a)
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1 of this Section.
2 (c) Whenever in the opinion of the Department any person,
3 association, partnership, firm, limited liability company,
4 professional limited liability company, corporation,
5 professional service corporation, or other legal entity has
6 violated any provision of Section 1-7 or 3D-5 of this Act, the
7 Department may issue a rule to show cause why an order to cease
8 and desist should not be entered against that person, firm,
9 corporation, or legal entity. The rule shall clearly set forth
10 the grounds relied upon by the Department and shall provide a
11 period of 7 days from the date of the rule to file an answer to
12 the satisfaction of the Department. Failure to answer to the
13 satisfaction of the Department shall cause an order to cease
14 and desist to be issued immediately.
15 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
16 (225 ILCS 410/4-10) (from Ch. 111, par. 1704-10)
17 (Section scheduled to be repealed on January 1, 2026)
18 Sec. 4-10. Refusal, suspension and revocation of licenses;
19 investigations and hearing. The Department may upon its own
20 motion and shall, upon the verified complaint in writing of
21 any person setting forth the facts which if proven would
22 constitute grounds for disciplinary action as set forth in
23 Section 4-7, investigate the actions of any person,
24 association, firm, partnership, limited liability company,
25 professional limited liability company, corporation, or
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1 professional service corporation holding or claiming to hold a
2 license or certificate of registration. The Department shall,
3 at least 30 days prior to the date set for the hearing, notify
4 in writing the applicant or the holder of that license or
5 certificate of registration of any charges made and shall
6 afford the accused person an opportunity to be heard
7 personally in person or by counsel in reference thereto. The
8 Department shall direct the applicant or licensee to file a
9 written answer to the Board under oath within 20 days after the
10 service of the notice and inform the applicant or licensee
11 that failure to file an answer will result in default being
12 taken against the applicant or licensee and that the license
13 may be suspended, revoked, placed on probationary status, or
14 other disciplinary action may be taken, including limiting the
15 scope, nature or extent of practice, as the Secretary may deem
16 proper. The written notice may be served by the delivery of the
17 notice personally to the accused person, or by mailing the
18 notice by registered or certified mail to the address of
19 record or by email to the email address of record. In case the
20 accused person fails to file an answer after receiving notice,
21 the his or her license or certificate of registration may, in
22 the discretion of the Department be suspended, revoked, or
23 placed on probationary status, or the Department, may take
24 whatever disciplinary action deemed proper, including limiting
25 the scope, nature, or extent of the person's practice or the
26 imposition of a fine, without a hearing, if the act or acts
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1 charged constitute sufficient grounds for such action under
2 this Act. At the time and place fixed in the notice, the Board
3 shall proceed to hearing of the charges and the accused person
4 shall be accorded ample opportunity to present in person or by
5 counsel, any statements, testimony, evidence and arguments as
6 may be pertinent to the charges or their defense. The Board may
7 continue a hearing from time to time.
8 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
9 (225 ILCS 410/4-11) (from Ch. 111, par. 1704-11)
10 (Section scheduled to be repealed on January 1, 2026)
11 Sec. 4-11. Record of proceedings. The Department, at its
12 expense, shall provide a certified shorthand reporter
13 stenographer to take down the testimony and preserve a record
14 of all proceedings at the hearing of any case wherein a license
15 or a certificate of registration is revoked, or suspended,
16 placed on probationary status, reprimanded, fined, or subject
17 to other disciplinary action authorized under this Act and any
18 rules adopted pursuant to this Act. The notice of hearing,
19 complaint and all other documents in the nature of pleadings
20 and written motions filed in the proceedings, the transcript
21 of testimony, the report of the Board and the orders of the
22 Department shall be the record of such proceedings. The record
23 may be made available to any person interested in the hearing
24 upon payment of the fee required by Section 2105-115 of the
25 Department of Professional Regulation Law of the Civil
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1 Administrative Code of Illinois.
2 (Source: P.A. 98-911, eff. 1-1-15.)
3 (225 ILCS 410/4-13) (from Ch. 111, par. 1704-13)
4 (Section scheduled to be repealed on January 1, 2026)
5 Sec. 4-13. Attendance of witnesses and production of
6 documents. Any circuit court or any judge thereof, upon the
7 application of the accused person or of the Department, may by
8 order duly entered, require the attendance of witnesses and
9 the production of relevant books and papers before the
10 Department in any hearing relative to the application for or
11 refusal, recall, suspension or revocation of license, and the
12 court or judge may compel obedience to its or the judge's his
13 order by proceedings for contempt.
14 (Source: P.A. 99-427, eff. 8-21-15.)
15 (225 ILCS 410/4-14) (from Ch. 111, par. 1704-14)
16 (Section scheduled to be repealed on January 1, 2026)
17 Sec. 4-14. Report of Board; rehearing. The Board shall
18 present to the Secretary its written report of its findings
19 and recommendations. A copy of such report shall be served
20 upon the accused person, either personally or by registered
21 mail as provided in this Section for the service of the notice.
22 Within 20 days after such service, said accused person may
23 present to the Department the accused's his or her motion in
24 writing for rehearing, which written motion shall specify the
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1 particular grounds therefor. If said accused person shall
2 order and pay for a transcript of the record as provided in
3 this Section, the time elapsing thereafter and before such
4 transcript is ready for delivery to the accused him or her
5 shall not be counted as part of such 20 days. Whenever the
6 Secretary is satisfied that substantial justice has not been
7 done, the Secretary he or she may order a re-hearing by the
8 same or a special committee. At the expiration of the time
9 specified for filing a motion or a rehearing the Secretary
10 shall have the right to take the action recommended by the
11 Board. Upon the suspension or revocation of a his or her
12 license, a licensee shall be required to surrender the his or
13 her license to the Department, and upon the licensee's his or
14 her failure or refusal so to do, the Department shall have the
15 right to seize the same.
16 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
17 (225 ILCS 410/4-15) (from Ch. 111, par. 1704-15)
18 (Section scheduled to be repealed on January 1, 2026)
19 Sec. 4-15. Hearing officer. Notwithstanding the
20 provisions of Section 4-10, the Secretary shall have the
21 authority to appoint any attorney duly licensed to practice
22 law in the State of Illinois to serve as the hearing officer in
23 any action for refusal to issue or renew, or discipline of a
24 license. The hearing officer shall have full authority to
25 conduct the hearing. The hearing officer shall report any his
SB2495 Enrolled - 114 - LRB104 10444 AAS 20519 b
1 or her findings and recommendations to the Board and the
2 Secretary. The Board shall have 60 days from receipt of the
3 report to review the report of the hearing officer and present
4 their findings of fact, conclusions of law, and
5 recommendations to the Secretary. If the Board fails to
6 present its report within the 60 day period, then the
7 Secretary shall issue an order based on the report of the
8 hearing officer. If the Secretary disagrees in any regard with
9 the Board's report, then the Secretary he or she may issue an
10 order in contravention of the Board's report.
11 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
12 (225 ILCS 410/4-18.5)
13 (Section scheduled to be repealed on January 1, 2026)
14 Sec. 4-18.5. Citations.
15 (a) The Department shall adopt rules to permit the
16 issuance of citations for unlicensed practice, practice on an
17 expired license, failure to register a salon or shop,
18 operating a salon or shop on an expired registration, aiding
19 and abetting unlicensed practice, failure to display a license
20 as required by this Act, or any violation of sanitary rules. A
21 nondisciplinary fee may be assessed for a first citation for
22 any one of the violations. For additional citations, or if
23 there are multiple violations cited, the Department may assess
24 a nondisciplinary fee or a disciplinary fine, as provided by
25 rule. The citation may shall be issued to the licensee or other
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1 person alleged to have committed one or more of the preceding
2 violations and shall contain the licensee's or other person's
3 name and address, the licensee's license number, if any, a
4 brief factual statement, the Sections of this Act or the rules
5 allegedly violated, and the penalty imposed, which shall not
6 exceed $500 per violation. The citation must clearly state
7 that if the cited person wishes to dispute the citation, the
8 cited person he or she may request in writing, within 30 days
9 after the citation is served, a hearing before the Department.
10 If the cited person does not request a hearing within 30 days
11 after the citation is served, then the citation shall become a
12 final order and, if issued with a disciplinary fine, shall
13 constitute discipline and any nondisciplinary fee or fine
14 imposed is due and payable. If the cited person requests a
15 hearing within 30 days after the citation is served, the
16 Department shall afford the cited person a hearing conducted
17 in the same manner as a hearing provided in this Act for any
18 violation of this Act and shall determine whether the cited
19 person committed the violation as charged and whether the
20 nondisciplinary fee or fine as levied is warranted. No
21 nondisciplinary fee or fine shall be increased but may be
22 reduced. If the violation is found, any nondisciplinary fee or
23 fine shall be due and payable within 30 days of the order of
24 the Secretary. Failure to comply with any final order may
25 subject the licensee or unlicensed person to further
26 discipline or other action by the Department or a referral to
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1 the State's Attorney.
2 (b) A citation must be issued within 6 months after the
3 reporting of a violation that is the basis for the citation.
4 (c) Service of a citation shall be made by personal
5 service or certified mail to the licensee or certificate of
6 registration holder at the licensee's or certificate of
7 registration holder's address of record or by email to the
8 licensee's or certificate of registration holder's email
9 address of record, or to an unlicensed person at the person's
10 his or her last known address and email address.
11 (d) Nothing in this Section shall prohibit or limit the
12 Department from taking further action pursuant to this Act and
13 rules for additional, repeated, or continuing violations.
14 (Source: P.A. 99-427, eff. 8-21-15.)
15 (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
16 (Section scheduled to be repealed on January 1, 2026)
17 Sec. 4-19. Emergency suspension. The Secretary may
18 temporarily suspend the license of a barber, cosmetologist,
19 nail technician, hair braider, esthetician or teacher thereof
20 or of a cosmetology clinic teacher without a hearing,
21 simultaneously with the institution of proceedings for a
22 hearing provided for in Section 4-10 of this Act, if the
23 Secretary finds that evidence in the Secretary's his
24 possession indicates that the licensee's continuation in
25 practice would constitute an imminent danger to the public. In
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1 the event that the Secretary suspends, temporarily, this
2 license without a hearing, a hearing must be commenced within
3 30 days after such suspension has occurred.
4 (Source: P.A. 98-911, eff. 1-1-15.)
5 (225 ILCS 410/4-22) (from Ch. 111, par. 1704-22)
6 (Section scheduled to be repealed on January 1, 2026)
7 Sec. 4-22. Certifications of record; costs. The Department
8 shall not be required to certify any record to the Court or
9 file any answer in court or otherwise appear in any Court in a
10 judicial review proceeding, unless and until the Department
11 has received from the plaintiff payment of the costs of
12 furnishing and certifying the record, which costs shall be
13 determined by the Department. Exhibits shall be certified
14 without cost. Failure on the part of the plaintiff to file a
15 receipt in Court shall be grounds for dismissal of the action.
16 (Source: P.A. 98-911, eff. 1-1-15.)
17 Section 99. Effective date. Section 5 and this Section
18 take effect upon becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.36 from Ch. 111, par. 1701-6
4 5 ILCS 80/4.43 new from Ch. 111, par. 1701-7
5 225 ILCS 410/1-4
6 225 ILCS 410/1-6 from Ch. 111, par. 1701-10
7 225 ILCS 410/1-6.5 from Ch. 111, par. 1701-11
8 225 ILCS 410/1-7
9 225 ILCS 410/1-7.5 from Ch. 111, par. 1702-2
10 225 ILCS 410/1-7.10 from Ch. 111, par. 1702-3
11 225 ILCS 410/1-10 from Ch. 111, par. 1702-4
12 225 ILCS 410/1-11 from Ch. 111, par. 1702-7
13 225 ILCS 410/1-12
14 225 ILCS 410/1-14 new from Ch. 111, par. 1703-1
15 225 ILCS 410/2-2 from Ch. 111, par. 1703-2
16 225 ILCS 410/2-3 from Ch. 111, par. 1703-3
17 225 ILCS 410/2-4
18 225 ILCS 410/2-7
19 225 ILCS 410/2-9
20 225 ILCS 410/2-10
21 225 ILCS 410/2-11
22 225 ILCS 410/2-12
23 225 ILCS 410/3-1
24 225 ILCS 410/3-2
25 225 ILCS 410/3-3
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from Ch. 111, par. 1703-4
1 225 ILCS 410/3-4 from Ch. 111, par. 1703-6
2 225 ILCS 410/3-6 from Ch. 111, par. 1703-7
3 225 ILCS 410/3-7 from Ch. 111, par. 1703-7.1
4 225 ILCS 410/3-7.1
5 225 ILCS 410/3-9 from Ch. 111, par. 1703A-1
6 225 ILCS 410/3-10 from Ch. 111, par. 1703A-2
7 225 ILCS 410/3-11 from Ch. 111, par. 1703A-3
8 225 ILCS 410/3-12 from Ch. 111, par. 1703A-5
9 225 ILCS 410/3A-1 from Ch. 111, par. 1703A-6
10 225 ILCS 410/3A-2 from Ch. 111, par. 1703B-2
11 225 ILCS 410/3A-3
12 225 ILCS 410/3A-5 from Ch. 111, par. 1703C-1
13 225 ILCS 410/3A-6 from Ch. 111, par. 1703C-2
14 225 ILCS 410/3A-8 from Ch. 111, par. 1703C-3
15 225 ILCS 410/3B-2 from Ch. 111, par. 1703C-7
16 225 ILCS 410/3B-10 from Ch. 111, par. 1703C-8
17 225 ILCS 410/3B-11
18 225 ILCS 410/3B-12
19 225 ILCS 410/3B-13
20 225 ILCS 410/3B-15
21 225 ILCS 410/3B-16
22 225 ILCS 410/3C-1
23 225 ILCS 410/3C-2
24 225 ILCS 410/3C-3
25 225 ILCS 410/3C-7
26 225 ILCS 410/3C-8
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1 225 ILCS 410/3C-10 from Ch. 111, par. 1704-2
2 225 ILCS 410/3D-5 from Ch. 111, par. 1704-3
3 225 ILCS 410/3E-2 from Ch. 111, par. 1704-4
4 225 ILCS 410/3E-5 from Ch. 111, par. 1704-5
5 225 ILCS 410/3E-7 from Ch. 111, par. 1704-6
6 225 ILCS 410/4-1 from Ch. 111, par. 1704-7
7 225 ILCS 410/4-2 from Ch. 111, par. 1704-8
8 225 ILCS 410/4-3 from Ch. 111, par. 1704-9
9 225 ILCS 410/4-4 from Ch. 111, par. 1704-10
10 225 ILCS 410/4-5 from Ch. 111, par. 1704-11
11 225 ILCS 410/4-6 from Ch. 111, par. 1704-13
12 225 ILCS 410/4-7 from Ch. 111, par. 1704-14
13 225 ILCS 410/4-8 from Ch. 111, par. 1704-15
14 225 ILCS 410/4-9
15 225 ILCS 410/4-10 from Ch. 111, par. 1704-19
16 225 ILCS 410/4-11 from Ch. 111, par. 1704-22
17 225 ILCS 410/4-13
18 225 ILCS 410/4-14
19 225 ILCS 410/4-15
20 225 ILCS 410/4-18.5
21 225 ILCS 410/4-19
22 225 ILCS 410/4-22Every fact on this page links to its source, starting with the official bill record.