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91_SB1339eng
SB1339 Engrossed LRB9111014LDpk
1 AN ACT to amend the Barber, Cosmetology, Esthetics, and
2 Nail Technology Act of 1985 by changing Sections 3-1, 3-2,
3 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and 4-23.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Barber, Cosmetology, Esthetics, and Nail
7 Technology Act of 1985 is amended by changing Sections 3-1,
8 3-2, 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and
9 4-23 as follows:
10 (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
11 Sec. 3-1. Cosmetology defined. Any one or any
12 combination of the following practices constitutes the
13 practice of cosmetology when done for cosmetic or beautifying
14 purposes and not for the treatment of disease or of muscular
15 or nervous disorder: arranging, braiding, dressing, cutting,
16 trimming, curling, waving, chemical restructuring, shaping,
17 singeing, bleaching, coloring or similar work, upon the hair
18 of the head; cutting or trimming facial hair of any person;
19 any practice of manicuring, pedicuring, decorating nails,
20 applying sculptured nails or otherwise artificial nails by
21 hand or with mechanical or electrical apparatus or
22 appliances, or in any way caring for the nails or the skin of
23 the hands or feet including massaging the hands, arms,
24 elbows, feet, lower legs, and knees of another person for
25 other than the treatment of medical disorders therapeutic
26 purposes; any practice of epilation or depilation of any
27 person; any practice for the purpose of cleansing, massaging
28 or toning the skin of the scalp; beautifying, massaging,
29 cleansing, exfoliating the stratum corneum of the epidermis,
30 which includes, but is not limited to, the process of
31 microdermabrasion, or stimulating the skin of the human body
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1 by the use of cosmetic preparations, antiseptics, body
2 treatments, body wraps, the use of hydrotherapy, tonics,
3 lotions or creams or any device, electrical or otherwise, for
4 the care of the skin; applying make-up or eyelashes to any
5 person, tinting eyelashes and eyebrows and lightening hair on
6 the body and removing superfluous hair from the body of any
7 person by the use of depilatories, waxing or tweezers. The
8 term "cosmetology" does not include the services provided by
9 an electrologist. Nail technology is the practice and the
10 study of cosmetology only to the extent of manicuring,
11 pedicuring, decorating, and applying sculptured or otherwise
12 artificial nails, or in any way caring for the nail or the
13 skin of the hands or feet including massaging the hands,
14 arms, elbows, feet, lower legs, and knees. Cosmetologists
15 are prohibited from performing any procedure that may
16 puncture or abrade the skin below the stratum corneum of the
17 epidermis or remove closed milia comedones (whiteheads) which
18 may draw blood or serous body fluid. The term cosmetology
19 includes rendering advice on what is cosmetically appealing,
20 but no person licensed under this Act shall render advice on
21 what is appropriate medical treatment for diseases of the
22 skin. Purveyors of cosmetics may demonstrate such cosmetic
23 products in conjunction with any sales promotion and shall
24 not be required to hold a license under this Act. Nothing in
25 this Act shall be construed to prohibit the shampooing of
26 hair by persons employed for that purpose and who perform
27 that task under the direct supervision of a licensed
28 cosmetologist or licensed cosmetology teacher.
29 (Source: P.A. 89-387, eff. 1-1-96.)
30 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
31 Sec. 3-2. Licensure; qualifications. A person is
32 qualified to receive a license as a cosmetologist who has
33 filed an application on forms provided by the Department,
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1 pays the required fees, and:
2 a. Is at least l6 years of age; and
3 b. Has graduated from an eighth grade elementary school,
4 or its equivalent; and
5 c. Has graduated from a school of cosmetology approved
6 by the Department, having completed a program total of l500
7 hours in the study of cosmetology extending over a period of
8 not less than 8 months nor more than 7 consecutive years. A
9 school of cosmetology may, at its discretion, consistent with
10 the rules of the Department, accept up to 500 hours of barber
11 school training at a recognized barber school toward the l500
12 hour program course requirement of cosmetology. Time spent in
13 such study under the laws of another state or territory of
14 the United States or of a foreign country or province shall
15 be credited toward the period of study required by the
16 provisions of this paragraph; and
17 d. Has passed an examination authorized by the
18 Department to determine fitness to receive a license as a
19 cosmetologist. The requirements for remedial training set
20 forth in Section 3-6 of this Act may be waived in whole or in
21 part by the Department upon proof to the Department that the
22 applicant has demonstrated competence to again sit for the
23 examination. The Department shall promulgate rules
24 establishing the standards by which such determination shall
25 be made; and
26 e. Has met any other requirements of this Act.
27 (Source: P.A. 89-387, eff. 1-1-96.)
28 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
29 Sec. 3-4. Licensure as cosmetology teacher or cosmetology
30 clinic teacher; qualifications.
31 (a) A person is qualified to receive license as a
32 cosmetology teacher if that person has applied in writing on
33 forms provided by the Department, has paid the required fees,
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1 and:
2 (1) is at least 18 years of age;
3 (2) has graduated from high school or its
4 equivalent;
5 (3) has a current license as a cosmetologist;
6 (4) has either: (i) completed a program of 500
7 hours of teacher training in a licensed school of
8 cosmetology and had 2 years of practical experience as a
9 licensed cosmetologist within 5 years preceding the
10 examination; or (ii) completed a program of 1,000 hours
11 of teacher training in a licensed school of cosmetology;
12 (5) has passed an examination authorized by the
13 Department to determine fitness to receive a license as a
14 cosmetology teacher; and
15 (6) has met any other requirements of this Act.
16 A cosmetology teacher who teaches esthetics, in order to
17 be licensed, shall demonstrate, to the satisfaction of the
18 Department, current skills in the use of machines used in the
19 practice of esthetics.
20 An individual who receives a license as a cosmetology
21 teacher shall not be required to maintain an active
22 cosmetology license in order to practice cosmetology as
23 defined in this Act.
24 (b) A person is qualified to receive a license as a
25 cosmetology clinic teacher if he or she has applied in
26 writing on forms provided by the Department, has paid the
27 required fees, and:
28 (1) is at least 18 years of age;
29 (2) has graduated from high school or its
30 equivalent;
31 (3) has a current license as a cosmetologist;
32 (4) has completed a program of 250 hours of clinic
33 teacher training in a licensed school of cosmetology and
34 has 2 years of practical experience as a licensed
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1 cosmetologist within 5 years preceding the examination;
2 (5) has passed an examination authorized by the
3 Department to determine fitness to receive a license as a
4 cosmetology teacher; and
5 (6) has met any other requirements of this Act.
6 (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.)
7 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
8 Sec. 3-6. Examination. The Department shall authorize
9 examinations of applicants for licensure as cosmetologists,
10 teachers of cosmetology at the times and places it may
11 determine. If an applicant for licensure as a cosmetologist
12 fails to pass 3 examinations conducted by the Department, the
13 applicant shall, before taking a subsequent examination,
14 furnish evidence of not less than 250 hours of additional
15 study of cosmetology in an approved school of cosmetology
16 since the applicant last took the examination. If an
17 applicant for licensure as a cosmetology teacher fails to
18 pass 3 examinations conducted by the Department, the
19 applicant shall, before taking a subsequent examination,
20 furnish evidence of not less than 80 hours of additional
21 study in teaching methodology and educational psychology in
22 an approved school of cosmetology since the applicant last
23 took the examination. An applicant who fails to pass the
24 fourth examination shall not again be admitted to an
25 examination unless: (i) in the case of an applicant for
26 licensure as a cosmetologist, the applicant again takes and
27 completes a program total of 1500 hours in the study of
28 cosmetology in an approved school of cosmetology extending
29 over a period that commences after the applicant fails to
30 pass the fourth examination and that is not less than 8
31 months nor more than 7 consecutive years in duration; (ii) in
32 the case of an applicant for licensure as a cosmetology
33 teacher, the applicant again takes and completes a program
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1 total of 1000 hours of teacher training in an approved school
2 of cosmetology, except that if the applicant had 2 years of
3 practical experience as a licensed cosmetologist within the 5
4 years preceding the initial examination taken by the
5 applicant, the applicant must again take and complete a
6 program of 500 hours of teacher training in an approved
7 school of cosmetology, esthetics, or nail technology; or
8 (iii) in the case of an applicant for licensure as a
9 cosmetology clinic teacher, the applicant again takes and
10 completes a program total of 250 hours of clinic teacher
11 training in a licensed school of cosmetology. Each
12 cosmetology applicant shall be given a written examination
13 testing both theoretical and practical knowledge, which shall
14 include, but not be limited to, questions that determine the
15 applicant's knowledge of product chemistry, sanitary rules,
16 sanitary procedures, chemical service procedures, hazardous
17 chemicals and exposure minimization, knowledge of the anatomy
18 of the skin, scalp, and hair as they relate to applicable
19 services under this Act and labor and compensation laws.
20 The examination of applicants for licensure as a
21 cosmetology, esthetics, or nail technology teacher may
22 include all of the elements of the exam for licensure as a
23 cosmetologist, esthetician, or nail technician and also
24 include teaching methodology, classroom management, record
25 keeping, and any other related subjects that the Department
26 in its discretion may deem necessary to insure competent
27 performance.
28 This Act does not prohibit the practice of cosmetology by
29 one who has applied in writing to the Department, in form and
30 substance satisfactory to the Department, for a license as a
31 cosmetologist, or the teaching of cosmetology by one who has
32 applied in writing to the Department, in form and substance
33 satisfactory to the Department, for a license as a
34 cosmetology teacher or cosmetology clinic teacher, if the
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1 person has complied with all the provisions of this Act in
2 order to qualify for a license, except the passing of an
3 examination to be eligible to receive a license, until: (a)
4 the expiration of 6 months after the filing of the written
5 application, (b) the decision of the Department that the
6 applicant has failed to pass an examination within 6 months
7 or failed without an approved excuse to take an examination
8 conducted within 6 months by the Department, or (c) the
9 withdrawal of the application.
10 A person who took the September 10, 1994 cosmetology
11 licensure examination for the sixth time and failed the
12 examination and failed to request a reader based upon a
13 documented learning disability may reapply for the
14 examination within 6 months of the effective date of this
15 amendatory Act of the 91st General Assembly without having to
16 complete the additional 1,500 hours of instruction required
17 under this Act.
18 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
19 (225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
20 Sec. 3A-1. Esthetics and esthetician defined.
21 (A) Any person who for compensation, whether direct or
22 indirect, including tips, engages in the following practices
23 engages in the practice of esthetics:
24 1. Beautifying, massaging, cleansing, exfoliating
25 the stratum corneum of the epidermis, which includes, but
26 is not limited to, the process of microdermabrasion, or
27 stimulating the skin of the human body, except the scalp,
28 by the use of cosmetic preparations, body treatments,
29 body wraps, the use of hydrotherapy, antiseptics, tonics,
30 lotions or creams or any device, electrical or otherwise,
31 for the care of the skin;
32 2. Applying make-up or eyelashes to any person,
33 tinting eyelashes and eyebrows and lightening hair on the
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1 body except the scalp; and
2 3. Removing superfluous hair from the body of any
3 person by the use of depilatories, waxing or tweezers.
4 However, esthetics does not include the services provided
5 by a cosmetologist or electrologist. Estheticians are
6 prohibited from performing any procedure which may puncture
7 or abrade the skin below the stratum corneum of the epidermis
8 or remove closed milia comedones (whiteheads) which may draw
9 blood or serous body fluid. The term esthetics includes
10 rendering advice on what is cosmetically appealing, but no
11 person licensed under this Act shall render advice on what is
12 appropriate medical treatment for diseases of the skin.
13 (B) "Esthetician" means any person who, with hands or
14 mechanical or electrical apparatus or appliances, engages
15 only in the use of cosmetic preparations, body treatments,
16 body wraps, hydrotherapy, makeups, antiseptics, tonics,
17 lotions, creams or other preparations or in the practice of
18 massaging, cleansing, exfoliating the stratum corneum of the
19 epidermis, which includes, but is not limited to, the process
20 of microdermabrasion, stimulating, manipulating,
21 beautifying, grooming or similar work on the face, neck, arms
22 and hands or body in a superficial mode, and not for the
23 treatment of medical disorders therapeutic purposes.
24 (Source: P.A. 85-1302.)
25 (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
26 Sec. 3A-2. Licensure as an esthetician; qualifications.
27 A person is qualified to receive a license as a licensed
28 esthetician if that person has applied in writing on forms
29 provided by the Department, paid any required fees, and:
30 a. Is at least 16 years of age; and
31 b. Has a certificate of graduation from a school
32 providing secondary education, or the recognized equivalent
33 of such a certificate, or persons who are beyond the age of
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1 compulsory school attendance; and
2 c. Has graduated from a school of cosmetology or
3 esthetics approved by the Department, having completed a
4 program total of 750 hours in the study of esthetics
5 extending over a period of not less than 18 weeks nor more
6 than 4 consecutive years. Time spent in such study under the
7 laws of another state or territory of the United States or of
8 a foreign country or province shall be credited toward the
9 period of study required by the provisions of this paragraph;
10 and
11 d. Has passed an examination authorized by the
12 Department to determine fitness to receive a license as a
13 licensed esthetician; and
14 e. Has met any other requirements of this Act and rules.
15 (Source: P.A. 89-387, eff. 1-1-96.)
16 (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
17 Sec. 3A-3. Licensure as an esthetics teacher;
18 qualifications.
19 (a) A person is qualified to receive a license as an
20 esthetics teacher if that person has applied in writing on
21 forms supplied by the Department, paid the required fees,
22 and:
23 (1) is at least 18 years of age;
24 (2) has graduated from high school or its
25 equivalent;
26 (3) has a current license as a licensed
27 cosmetologist or esthetician;
28 (4) has either: (i) completed a program of 500
29 hours of teacher training in a licensed school of
30 cosmetology or a licensed esthetics school and had 2
31 years of practical experience as a licensed cosmetologist
32 or esthetician within 5 years preceding the examination;
33 or (ii) completed a program of 750 hours of teacher
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1 training in a licensed school of cosmetology approved by
2 the Department to teach esthetics or a licensed esthetics
3 school;
4 (5) has passed an examination authorized by the
5 Department to determine fitness to receive a license as a
6 licensed cosmetology or esthetics teacher;
7 (6) demonstrates, to the satisfaction of the
8 Department, current skills in the use of machines used in
9 the practice of esthetics; and
10 (7) has met any other requirements as required by
11 this Act.
12 (b) A person is qualified to receive a license as an
13 esthetics clinic teacher if that person has applied in
14 writing on forms supplied by the Department, paid the
15 required fees, and:
16 (1) is at least 18 years of age;
17 (2) has graduated from high school or its
18 equivalent;
19 (3) has a current license as a licensed
20 cosmetologist or esthetician;
21 (4) has completed a program of 250 hours of clinic
22 teacher training in a licensed school of cosmetology
23 approved by the Department to teach esthetics or a
24 licensed esthetics school and had 2 years of practical
25 experience as a licensed cosmetologist or esthetician
26 within 5 years preceding the examination;
27 (5) has passed an examination authorized by the
28 Department to determine fitness to receive a license as a
29 licensed cosmetology teacher or licensed esthetics
30 teacher;
31 (6) demonstrates, to the satisfaction of the
32 Department, current skills in the use of machines used in
33 the practice of esthetics; and
34 (7) has met any other requirements required by this
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1 Act.
2 (c) An applicant who is issued a license as an esthetics
3 teacher or esthetics clinic teacher is not required to
4 maintain an esthetics license in order to practice as an
5 esthetician as defined in this Act.
6 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
7 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
8 Sec. 3A-5. Examination.
9 (a) The Department shall authorize examinations of
10 applicants for a license as an esthetician or teacher of
11 esthetics at such times and places as it may determine. The
12 Department shall authorize no fewer than 4 examinations for a
13 license as an esthetician or a teacher of esthetics in a
14 calendar year.
15 If an applicant neglects, fails without an approved
16 excuse, or refuses to take the next available examination
17 offered for licensure under this Act, the fee paid by the
18 applicant shall be forfeited to the Department and the
19 application denied. If an applicant fails to pass an
20 examination for licensure under this Act within 3 years after
21 filing his or her application, the application shall be
22 denied. However, such applicant may thereafter make a new
23 application for examination, accompanied by the required fee,
24 if he or she meets the requirements in effect at the time of
25 reapplication. If an applicant for licensure as an
26 esthetician is unsuccessful at 3 examinations conducted by
27 the Department, the applicant shall, before taking a
28 subsequent examination, furnish evidence of not less than 125
29 hours of additional study of esthetics in an approved school
30 of cosmetology or esthetics since the applicant last took the
31 examination. If an applicant for licensure as an esthetics
32 teacher or esthetics clinic teacher is unsuccessful at 3
33 examinations conducted by the Department, the applicant
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1 shall, before taking a subsequent examination, furnish
2 evidence of not less than 80 hours of additional study in
3 teaching methodology and educational psychology in a licensed
4 school of cosmetology or esthetics since the applicant last
5 took the examination. An applicant who fails to pass a
6 fourth examination shall not again be admitted to an
7 examination unless (i) in the case of an applicant for
8 licensure as an esthetician, the applicant shall again take
9 and complete a program total of 750 hours in the study of
10 esthetics in a licensed school of cosmetology approved to
11 teach esthetics or a school of esthetics, extending over a
12 period that commences after the applicant fails to pass the
13 fourth examination and that is not less than 18 weeks nor
14 more than 4 consecutive years in duration; (ii) in the case
15 of an applicant for a license as an esthetics teacher, the
16 applicant shall again take and complete a program total of
17 750 hours of teacher training in a school of cosmetology
18 approved to teach esthetics or a school of esthetics, except
19 that if the applicant had 2 years of practical experience as
20 a licensed cosmetologist or esthetician within 5 years
21 preceding the initial examination taken by the applicant, the
22 applicant must again take and complete a program of 500 hours
23 of teacher training in licensed cosmetology or a licensed
24 esthetics school; or (iii) in the case of an applicant for a
25 license as an esthetics clinic teacher, the applicant shall
26 again take and complete a program total of 250 hours of
27 clinic teacher training in a licensed school of cosmetology
28 or a licensed school of esthetics.
29 (b) Each applicant shall be given a written examination
30 testing both theoretical and practical knowledge which shall
31 include, but not be limited to, questions that determine the
32 applicant's knowledge of:
33 (1) product chemistry;
34 (2) sanitary rules and regulations;
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1 (3) sanitary procedures;
2 (4) chemical service procedures;
3 (5) knowledge of the anatomy of the skin, as it
4 relates to applicable services under this Act;
5 (6) the provisions and requirements of this Act;
6 and
7 (7) labor and compensation laws.
8 (c) The examination of applicants for licensure as an
9 esthetics teacher may include all of the above and may also
10 include:
11 (1) teaching methodology;
12 (2) classroom management; and
13 (3) record keeping and any other subjects that the
14 Department may deem necessary to insure competent
15 performance.
16 (d) This Act does not prohibit the practice of esthetics
17 by one who has applied in writing to the Department, in form
18 and substance satisfactory to the Department, for a license
19 as an esthetician, an esthetics teacher, or an esthetics
20 clinic teacher and has complied with all the provisions of
21 this Act in order to qualify for a license, except the
22 passing of an examination to be eligible to receive such
23 license certificate, until: (i) the expiration of 6 months
24 after the filing of such written application, or (ii) the
25 decision of the Department that the applicant has failed to
26 pass an examination within 6 months or failed without an
27 approved excuse to take an examination conducted within 6
28 months by the Department, or (iii) the withdrawal of the
29 application.
30 (Source: P.A. 90-302, eff. 8-1-97; 91-357, eff. 7-29-99.)
31 (225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
32 Sec. 3C-1. Definitions. "Nail technician" means any
33 person who for compensation manicures, pedicures, or
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1 decorates nails, applies sculptured or otherwise artificial
2 nails by hand or with mechanical or electrical apparatus or
3 appliances, or in any way cares for the nails or the skin of
4 the hands or feet including massaging the hands, arms,
5 elbows, feet, lower legs, and knees of another person for
6 other than the treatment of medical disorders therapeutic
7 purposes.
8 However, nail technicians are prohibited from performing
9 any procedure that may puncture the skin or which may draw
10 blood or serous body fluid. The term nail technician
11 includes rendering advice on what is cosmetically appealing,
12 but no person licensed under this Act shall render advice on
13 what is appropriate medical treatment for diseases of the
14 nails or skin.
15 "Nail technician teacher" means an individual licensed by
16 the Department to provide instruction in the theory and
17 practice of nail technology to students in an approved nail
18 technology school.
19 "Licensed nail technology clinic teacher" means an
20 individual licensed by the Department to practice nail
21 technology as defined in this Act and to provide clinical
22 instruction in the practice of nail technology in an approved
23 school of cosmetology or an approved school of nail
24 technology.
25 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
26 (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
27 Sec. 3C-3. Licensure as a nail technology teacher or
28 nail technology clinic teacher; qualifications.
29 (a) A person is qualified to receive a license as a nail
30 technology teacher if that person has filed an application on
31 forms provided by the Department, paid the required fee, and:
32 (1) is at least 18 years of age;
33 (2) has graduated from high school or its
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1 equivalent;
2 (3) has a current license as a cosmetologist or
3 nail technician;
4 (4) has either: (1) completed a program of 500
5 hours of teacher training in a licensed school of nail
6 technology or cosmetology, and had 2 years of practical
7 experience as a nail technician; or (2) has completed a
8 program of 625 hours of teacher training in a licensed
9 school of cosmetology approved to teach nail technology
10 or school of nail technology; and
11 (5) who has passed an examination authorized by the
12 Department to determine fitness to receive a license as a
13 cosmetology or nail technology teacher.
14 (b) A person is qualified to receive a license as a nail
15 technology clinic teacher if that person has applied in
16 writing on forms supplied by the Department, paid the
17 required fees, and:
18 (1) is at least 18 years of age;
19 (2) has graduated from high school or its
20 equivalent;
21 (3) has a current license as a licensed
22 cosmetologist or nail technician;
23 (4) has completed a program of 250 hours of clinic
24 teacher training in a licensed school of cosmetology or a
25 licensed nail technology school and had 2 years of
26 practical experience as a licensed cosmetologist or nail
27 technician within 5 years preceding the examination;
28 (5) has passed an examination authorized by the
29 Department to determine fitness to receive a license as a
30 licensed cosmetology teacher or licensed nail technology
31 teacher;
32 (6) demonstrates, to the satisfaction of the
33 Department, current skills in the use of machines used in
34 the practice of nail technology; and
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1 (7) has met any other requirements required by this
2 Act.
3 (c) An applicant who receives a license as a nail
4 technology teacher or nail technology clinic teacher shall
5 not be required to maintain a license as a nail technician.
6 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
7 (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
8 Sec. 3C-7. Examinations; failure or refusal to take
9 examination. The Department shall authorize examinations of
10 applicants for licenses as nail technicians and teachers of
11 nail technology at the times and places as it may determine.
12 The Department shall authorize not less than 4
13 examinations for licenses as nail technicians, and nail
14 technology teachers in a calendar year.
15 If an applicant neglects, fails without an approved
16 excuse, or refuses to take the next available examination
17 offered for licensure under this Act, the fee paid by the
18 applicant shall be forfeited to the Department and the
19 application denied. If an applicant fails to pass an
20 examination for licensure under this Act within 3 years after
21 filing an application, the application shall be denied.
22 Nevertheless, the applicant may thereafter make a new
23 application for examination, accompanied by the required fee,
24 if he or she meets the requirements in effect at the time of
25 reapplication. If an applicant for licensure as a nail
26 technician, nail technology teacher, or nail technology
27 clinic teacher is unsuccessful at 3 examinations conducted by
28 the Department, the applicant shall, before taking a
29 subsequent examination, furnish evidence of successfully
30 completing (i) for a nail technician, not less than 60 hours
31 of additional study of nail technology in a licensed school
32 of cosmetology approved to teach nail technology or nail
33 technology and (ii) for a nail technology teacher or nail
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1 technology clinic teacher, not less than 80 hours of
2 additional study in teaching methodology and educational
3 psychology in an approved school of cosmetology or nail
4 technology since the applicant last took the examination.
5 An applicant who fails the fourth examination shall not
6 again be admitted to an examination unless: (i) in the case
7 of an applicant for a license as a nail technician, the
8 applicant again takes and completes a total of 350 hours in
9 the study of nail technology in an approved school of
10 cosmetology or nail technology extending over a period that
11 commences after the applicant fails to pass the fourth
12 examination and that is not less than 8 weeks nor more than 2
13 consecutive years in duration; or (ii) in the case of an
14 applicant for licensure as a nail technology teacher, the
15 applicant again takes and completes a program total of 625
16 hours of teacher training in an approved school of
17 cosmetology, or nail technology, except that if the applicant
18 had 2 years of practical experience as a licensed nail
19 technician within 5 years preceding the initial examination
20 taken by the applicant, the applicant must again take and
21 complete a program of 500 hours of teacher training in a
22 licensed school of cosmetology approved to teach nail
23 technology, or a licensed school of nail technology or a
24 program of 250 hours of clinic teacher training in a licensed
25 school of cosmetology.
26 Each applicant for licensure as a nail technician shall
27 be given a written examination testing both theoretical and
28 practical knowledge, which shall include, but not be limited
29 to, questions that determine the applicant's knowledge of
30 product chemistry, sanitary rules, sanitary procedures,
31 hazardous chemicals and exposure minimization, this Act, and
32 labor and compensation laws.
33 The examination for licensure as a nail technology
34 teacher or nail technology clinic teacher may include
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1 knowledge of the subject matter, teaching methodology,
2 classroom management, record keeping, and any other subjects
3 that the Department in its discretion may deem necessary to
4 insure competent performance.
5 This Act does not prohibit the practice of nail
6 technology by a person who has applied in writing to the
7 Department, in form and substance satisfactory to the
8 Department, for a license as a nail technician, or the
9 teaching of nail technology by one who has applied in writing
10 to the Department, in form and substance satisfactory to the
11 Department, for a license as a nail technology teacher or
12 nail technology clinic teacher, if the person has complied
13 with all the provisions of this Act in order to qualify for a
14 license, except the passing of an examination to be eligible
15 to receive a license, until: (a) the expiration of 6 months
16 after the filing of the written application, or (b) the
17 decision of the Department that the applicant has failed to
18 pass an examination within 6 months or failed without an
19 approved excuse to take an examination conducted within 6
20 months by the Department, or (c) the withdrawal of the
21 application.
22 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
23 90-302, eff. 8-1-97.)
24 (225 ILCS 410/4-23)
25 Sec. 4-23. Penalties for failure to receive required
26 continuing education credits.
27 (a) In the first 2-year cycle in which a licensee does
28 not obtain his or her continuing education hours, the
29 Department shall place him or her on probation. If the
30 licensee does obtain his or her continuing education hours
31 prior to his or her next renewal, the Department shall
32 restore his or her license to good standing.
33 (b) In the second consecutive 2-year cycle in which a
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1 licensee does not obtain his or her continuing education
2 hours, he or she shall be placed or continued continue on
3 probation, be fined, and be issued notice by the Department
4 that license revocation will occur if he or she does not
5 receive the continuing education hours required prior to his
6 or her next renewal. If the licensee does obtain his or her
7 continuing education hours prior to his or her next renewal,
8 he or she shall remain on probation but shall not be fined
9 pursuant to subsection (a).
10 (c) In the third consecutive 2-year cycle in which a
11 licensee does not obtain his or her continuing education
12 hours, his or her license shall be revoked. The Department
13 shall promulgate rules and regulations governing the
14 reissuance of a license that has been revoked. These rules
15 and regulations shall take into account that the licensee
16 already has been licensed and received the training necessary
17 for such a license.
18 (d) This Section shall not apply to any person who has
19 applied for a waiver of the continuing education requirements
20 under Section 3-7, 3A-6, or 3C-8 of this Act.
21 (Source: P.A. 89-706, eff. 1-31-97.)
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