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Full Text of HB3460
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HB3460 - 104th General Assembly
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House Amendment 001
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House Amendment 001
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HB3460 Enrolled
LRB104 10369 AAS 20444 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Barber, Cosmetology, Esthetics, Hair
5
Braiding, and Nail Technology Act of 1985 is amended by
6
changing Sections 1-4, 1-7, 1-7.5, 2-2, 2-7, 3-2, 3-6, 3A-2,
7
3A-5, 3B-4, 3C-2, 3C-7, 3E-2, and 4-1 and by adding Sections
8
1-15 and 3E-8 as follows:
9
(225 ILCS 410/1-4)
10
(Section scheduled to be repealed on January 1, 2031)
11
Sec. 1-4.
Definitions.
In this Act the following words
12
shall have the following meanings:
13
"Address of record" means the designated address recorded
14
by the Department in the applicant's application file or the
15
licensee's license file, as maintained by the Department's
16
licensure maintenance unit.
17
"Apprentice" means a person who is employed under an
18
apprenticeship agreement with a licensed salon or shop and is
19
participating in an apprenticeship program.
20
"Apprenticeship program" means a program where an
21
apprentice receives supplemental instruction established by
22
rule and the required practical training for licensure as a
23
cosmetologist, barber, esthetician, hair braider, or nail
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
technician in a licensed salon or shop and under the
2
supervision of a licensed professional within the scope of
3
practice of the license the apprentice seeks to obtain.
4
"Board" means the Barber, Cosmetology, Esthetics, Hair
5
Braiding, and Nail Technology Board.
6
"Department" means the Department of Financial and
7
Professional Regulation.
8
"Email address of record" means the designated email
9
address recorded by the Department in the applicant's
10
application file or the licensee's license file, as maintained
11
by the Department's licensure maintenance unit.
12
"Licensed barber" means an individual licensed by the
13
Department to practice barbering as defined in this Act and
14
whose license is in good standing.
15
"Licensed cosmetologist" means an individual licensed by
16
the Department to practice cosmetology, nail technology, hair
17
braiding, and esthetics as defined in this Act and whose
18
license is in good standing.
19
"Licensed esthetician" means an individual licensed by the
20
Department to practice esthetics as defined in this Act and
21
whose license is in good standing.
22
"Licensed nail technician" means an individual licensed by
23
the Department to practice nail technology as defined in this
24
Act and whose license is in good standing.
25
"Licensed barber teacher" means an individual licensed by
26
the Department to practice barbering as defined in this Act
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
and to provide instruction in the theory and practice of
2
barbering to students in a licensed barber school.
3
"Licensed cosmetology teacher" means an individual
4
licensed by the Department to practice cosmetology, esthetics,
5
hair braiding, and nail technology as defined in this Act and
6
to provide instruction in the theory and practice of
7
cosmetology, esthetics, hair braiding, and nail technology to
8
students in a licensed cosmetology, esthetics, hair braiding,
9
or nail technology school.
10
"Licensed cosmetology clinic teacher" means an individual
11
licensed by the Department to practice cosmetology, esthetics,
12
hair braiding, and nail technology as defined in this Act and
13
to provide clinical instruction in the practice of
14
cosmetology, esthetics, hair braiding, and nail technology in
15
a licensed school of cosmetology, esthetics, hair braiding, or
16
nail technology.
17
"Licensed esthetics teacher" means an individual licensed
18
by the Department to practice esthetics as defined in this Act
19
and to provide instruction in the theory and practice of
20
esthetics to students in a licensed cosmetology or esthetics
21
school.
22
"Licensed hair braider" means an individual licensed by
23
the Department to practice hair braiding as defined in this
24
Act and whose license is in good standing.
25
"Licensed hair braiding teacher" means an individual
26
licensed by the Department to practice hair braiding and to
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
provide instruction in the theory and practice of hair
2
braiding to students in a licensed cosmetology or hair
3
braiding school.
4
"Licensed nail technology teacher" means an individual
5
licensed by the Department to practice nail technology and to
6
provide instruction in the theory and practice of nail
7
technology to students in a licensed nail technology or
8
cosmetology school.
9
"Licensed continuing education sponsor" means an entity
10
that is authorized by the Department to coordinate and present
11
continuing education courses or programs for cosmetologists,
12
cosmetology teachers, cosmetology clinic teachers,
13
estheticians, esthetics teachers, nail technicians, nail
14
technology teachers, hair braiders, and hair braiding
15
teachers.
16
"Licensed school" means a postsecondary educational
17
institution of cosmetology, barbering, esthetics, nail
18
technology, or hair braiding that is authorized by the
19
Department to provide a postsecondary education program in
20
compliance with the requirements of this Act.
21
"Enrollment date" is the date upon which the student signs
22
an enrollment agreement or student contract.
23
"Enrollment agreement" or "student contract" is any
24
agreement, instrument, or contract however named, which
25
creates or evidences an obligation binding a student to
26
purchase a course of instruction from a school.
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
"Enrollment time" means the maximum number of hours a
2
student could have attended class, whether or not the student
3
did in fact attend all those hours.
4
"Elapsed enrollment time" means the enrollment time
5
elapsed between the actual starting date and the date of the
6
student's last day of physical attendance in the school.
7
"Mobile shop or salon" means a self-contained facility
8
that may be moved, towed, or transported from one location to
9
another and in which barbering, cosmetology, esthetics, hair
10
braiding, or nail technology is practiced.
11
"Public member" means a person on the Board who is not a
12
current or former licensed cosmetologist, barber, esthetician,
13
nail technician, or hair braider, teacher of barbering,
14
cosmetology, esthetics, nail technology, or hair braiding, or
15
owner of a business that employs professionals licensed to
16
provide services under this Act, a school licensed under this
17
Act, or a continuing education sponsor licensed under this
18
Act. "Public member" does not include any person with a
19
significant financial interest in salons, shops, schools,
20
continuing education sponsors, or products relating to
21
cosmetology, barbering, esthetics, nail technology, or hair
22
braiding.
23
"Secretary" means the Secretary of the Department of
24
Financial and Professional Regulation.
25
"Threading" means any technique that results in the
26
removal of superfluous hair from the body by twisting thread
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
around unwanted hair and then pulling it from the skin; and may
2
also include the incidental trimming of eyebrow hair.
3
(Source: P.A. 104-153, eff. 1-1-26
.)
4
(225 ILCS 410/1-7)
(from Ch. 111, par. 1701-7)
5
(Section scheduled to be repealed on January 1, 2031)
6
Sec. 1-7.
Licensure required; renewal; restoration.
7
(a) It is unlawful for any person to practice, or to hold
8
oneself out to be a cosmetologist, esthetician, nail
9
technician, hair braider, or barber without a license as a
10
cosmetologist, esthetician, nail technician, hair braider or
11
barber issued by the Department pursuant to the provisions of
12
this Act and of the Civil Administrative Code of Illinois. It
13
is also unlawful for any person, firm, partnership, limited
14
liability company, professional limited liability company,
15
corporation, or professional service corporation to own,
16
operate, or conduct a cosmetology, esthetics, nail technology,
17
hair braiding, or barber school without a license issued by
18
the Department or to own or operate a cosmetology, esthetics,
19
nail technology, or hair braiding salon, barber shop, or other
20
business subject to the registration requirements of this Act
21
without a certificate of registration issued by the Department
22
or to present continuing education courses or programs to
23
cosmetologists, estheticians, nail technicians, hair braiders,
24
or teachers of these professions without a license issued by
25
the Department. It is further unlawful for any person to teach
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
in any cosmetology, esthetics, nail technology, hair braiding,
2
or barber college or school licensed by the Department or hold
3
himself or herself out as a cosmetology, esthetics, hair
4
braiding, nail technology, or barber teacher without a license
5
as a teacher, issued by the Department or as a cosmetology
6
clinic teacher without a license as a cosmetology clinic
7
teacher issued by the Department.
8
(b) Notwithstanding any other provision of this Act, a
9
person licensed as a cosmetologist may hold oneself out as an
10
esthetician and may engage in the practice of esthetics, as
11
defined in this Act, without being licensed as an esthetician.
12
A person licensed as a cosmetology teacher may teach esthetics
13
or hold oneself out as an esthetics teacher without being
14
licensed as an esthetics teacher. A person licensed as a
15
cosmetologist may hold oneself out as a nail technician and
16
may engage in the practice of nail technology, as defined in
17
this Act, without being licensed as a nail technician. A
18
person licensed as a cosmetology teacher may teach nail
19
technology and hold oneself out as a nail technology teacher
20
without being licensed as a nail technology teacher. A person
21
licensed as a cosmetologist may hold oneself out as a hair
22
braider and may engage in the practice of hair braiding, as
23
defined in this Act, without being licensed as a hair braider.
24
A person licensed as a cosmetology teacher may teach hair
25
braiding and hold oneself out as a hair braiding teacher
26
without being licensed as a hair braiding teacher.
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
(c) A person licensed as a barber teacher may hold oneself
2
out as a barber and may practice barbering without a license as
3
a barber. A person licensed as a cosmetology teacher may hold
4
oneself out as a cosmetologist, esthetician, hair braider, and
5
nail technologist and may practice cosmetology, esthetics,
6
hair braiding, and nail technology without a license as a
7
cosmetologist, esthetician, hair braider, or nail
8
technologist. A person licensed as an esthetics teacher may
9
hold oneself out as an esthetician without being licensed as
10
an esthetician and may practice esthetics. A person licensed
11
as a nail technician teacher may practice nail technology and
12
may hold oneself out as a nail technologist without being
13
licensed as a nail technologist. A person licensed as a hair
14
braiding teacher may practice hair braiding and may hold
15
oneself out as a hair braider without being licensed as a hair
16
braider.
17
(c-5) A person with an active license as a cosmetologist
18
may obtain or restore an additional license as an esthetician,
19
nail technician, or hair braider without having to complete
20
the additional licensure requirements for each profession,
21
other than payment of the fee, by filing an application
22
provided by the Department for each additional license. A
23
person with an active license as a cosmetology teacher may
24
obtain or restore an additional license as an esthetics
25
teacher, nail technology teacher, or hair braider teacher
26
without having to complete the additional licensure
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
requirements for each profession, other than payment of the
2
fee, by filing an application provided by the Department for
3
each additional license. A person with an active license as a
4
cosmetology teacher may obtain or restore an additional
5
license as a cosmetologist, esthetician, nail technician, or
6
hair braider without having to complete the additional
7
licensure requirements for each profession, other than payment
8
of the fee, by filing an application provided by the
9
Department for each additional license. A person with an
10
active license as a barber teacher may also obtain or restore a
11
barber license without having to complete the additional
12
licensure requirements, other than payment of the fee, by
13
filing an application provided by the Department. A person
14
with an active license as an esthetics teacher may also obtain
15
or restore an esthetician license without having to complete
16
the additional licensure requirements, other than payment of
17
the fee, by filing an application provided by the Department.
18
A person with an active license as a nail technology teacher
19
may also obtain or restore a nail technician license without
20
having to complete the additional licensure requirements,
21
other than payment of the fee, by filing an application
22
provided by the Department. A person with an active license as
23
a hair braiding teacher may also obtain or restore a hair
24
braider license without having to complete the additional
25
licensure requirements, other than payment of the fee, filing
26
an application provided by the Department. The Department may
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
provide for other requirements for obtaining or restoring
2
additional licenses by rule.
3
(d) The holder of a license issued under this Act may renew
4
that license during the month preceding the expiration date of
5
the license by paying the required fee.
6
(e) The expiration date, renewal period, and conditions
7
for renewal and restoration of each license shall be
8
established by rule.
9
(f) A license issued under the provisions of this Act as a
10
barber, barber teacher, cosmetologist, cosmetology teacher,
11
cosmetology clinic teacher, esthetician, esthetics teacher,
12
nail technician, nail technician teacher, hair braider, or
13
hair braiding teacher that has expired while the holder of the
14
license was engaged (1) in federal service on active duty with
15
the Army, Navy, Marine Corps, Air Force, Space Force, or Coast
16
Guard of the United States of America, or any Women's
17
Auxiliary thereof, or the State Militia called into the
18
service or training of the United States of America or (2) in
19
training or education under the supervision of the United
20
States preliminary to induction into the military service, may
21
be reinstated or restored without payment of any lapsed
22
renewal fees, reinstatement fee, or restoration fee if within
23
2 years after the termination of such service, training, or
24
education other than by dishonorable discharge, the holder
25
furnishes the Department with an affidavit to the effect that
26
the holder has been so engaged and that the holder's service,
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
training, or education has been so terminated.
2
(g) In this subsection, "person who is incarcerated" means
3
a person who is committed to the Illinois Department of
4
Corrections, a county jail, a county department of
5
corrections, or a Federal Bureau of Prisons facility located
6
in this State.
7
An application shall not be automatically placed on hold,
8
delayed, denied, or otherwise not processed by the Department
9
because it was submitted by a person who is incarcerated. The
10
Department shall process applications for licensure, including
11
for the renewal, endorsement, or restoration of a license,
12
submitted by a person who is incarcerated without any
13
additional requirements or delays, and the Department shall
14
issue licenses to, and renew and restore the licenses of, a
15
person who is incarcerated, who has submitted an application,
16
and who otherwise qualifies for licensure. The Department may
17
waive the 3-year time limitations under subsections (c) and
18
(d) of Section 4-5 and any continuing education requirements
19
for a person who is incarcerated. When determining the
20
qualifications of a person who is incarcerated for licensure,
21
including the renewal, endorsement, and restoration of a
22
license, the Department shall consider any relevant experience
23
that was supervised by a licensee in the same manner as
24
training and experience gained in another jurisdiction.
25
(Source: P.A. 103-746, eff. 1-1-25; 104-153, eff. 1-1-26
.)
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
(225 ILCS 410/1-7.5)
2
(Section scheduled to be repealed on January 1, 2031)
3
Sec. 1-7.5.
Unlicensed practice; violation; civil penalty.
4
(a)
Except for a person who is an apprentice and working in
5
the salon or shop that is part of the person's apprenticeship
6
program or a student at a licensed school working in the school
7
clinic or at a licensed salon or shop in an internship program,
8
any
Any
person who practices, offers to practice, attempts to
9
practice, or holds oneself out to practice barbering,
10
cosmetology, esthetics, hair braiding, or nail technology
11
without being licensed under this Act shall, in addition to
12
any other penalty provided by law, pay a civil penalty to the
13
Department in an amount not to exceed $5,000 for each offense
14
as determined by the Department. The civil penalty shall be
15
assessed by the Department after a hearing is held in
16
accordance with the provisions set forth in this Act regarding
17
disciplining a licensee.
18
(b) The Department has the authority and power to
19
investigate any and all unlicensed activity.
20
(c) The civil penalty shall be paid within 60 days after
21
the effective date of the order imposing the civil penalty.
22
The order shall constitute a judgment and may be filed and
23
execution had thereon in the same manner as any judgment from
24
any court of record.
25
(Source: P.A. 104-153, eff. 1-1-26
.)
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
(225 ILCS 410/1-15 new)
2
Sec. 1-15.
Apprenticeship.
3
(a) All apprentices shall be employed under an
4
apprenticeship agreement between the sponsoring salon or shop
5
and the apprentice. All apprentices shall, at a minimum, be
6
compensated at the rate of the minimum wage of this State, and
7
the agreement between the sponsoring salon or shop and the
8
apprentice shall include provisions for increases in wages as
9
the apprentice gains competency and experience and for the
10
apprentice to be offered employment or employment opportunity
11
assistance by the sponsoring salon, shop, or supervising
12
professional licensed under this Act, if feasible, after the
13
completion of the apprenticeship program.
14
(b) Apprentices for cosmetology or barbering shall receive
15
at least 3,000 hours of practical training from a sponsoring
16
licensed salon or shop, including 180 hours of related
17
supplemental instruction from a licensed salon or shop or a
18
licensed school, as established by rule, to complete the
19
apprenticeship program and be eligible to take the examination
20
for a cosmetologist or barber license.
21
(c) Apprentices for an esthetician license shall receive
22
at least 1,500 hours of practical training from a sponsoring
23
licensed salon or shop, including 90 hours of related
24
supplemental instruction from a licensed salon or shop or a
25
licensed school, as established by rule, to complete the
26
apprenticeship program and be eligible to take the examination
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
for an esthetician license.
2
(d) Apprentices for a nail technician license shall
3
receive at least 700 hours of practical training from a
4
sponsoring licensed salon or shop, including 42 hours of
5
related supplemental instruction from a licensed salon or shop
6
or a licensed school, as established by rule, to complete the
7
apprenticeship program and be eligible to take the examination
8
for a nail technician license.
9
(e) Apprentices for a hair braiding license shall receive
10
at least 600 hours of practical training from a sponsoring
11
licensed salon or shop, including 36 hours of related
12
supplemental instruction from a licensed salon or shop or a
13
licensed school, as established by rule, to complete the
14
apprenticeship program and be eligible to take the examination
15
for a hair braiding license.
16
(f) An apprentice under this Section shall only provide
17
services under the supervision of an actively licensed
18
cosmetologist, barber, esthetician, hair braider, or nail
19
technician, and the services provided by the apprentice shall
20
only be within the scope of services for which the supervising
21
licensed professional is licensed to practice.
22
(g) A supervising licensed professional must have at least
23
3 years of licensed experience or hold a teacher license for
24
the same profession that the apprentice is seeking to be
25
licensed in. The supervising licensed professional's license
26
must be active at all times when supervising any apprentice,
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
and the supervising licensed professional must not have any
2
disciplinary history on his or her license in the previous 10
3
years, except for discipline as a result of owing taxes or
4
child support, to be able to participate in the apprenticeship
5
program. Any licensed salon or shop participating in an
6
apprenticeship program must also display a sign in the area
7
where patrons enter that notifies patrons that an apprentice
8
is working there.
9
(h) Apprentices shall be trained in all branches of
10
practical work and related supplemental instruction for the
11
scope of practice for the license the apprentice seeks to
12
obtain. The salon or shop owner and licensed supervising
13
professional are responsible for ensuring the education,
14
training, skills, and competence of the persons who provide
15
services in the salon or shop.
16
(225 ILCS 410/2-2)
(from Ch. 111, par. 1702-2)
17
(Section scheduled to be repealed on January 1, 2031)
18
Sec. 2-2.
Licensure as a barber; qualifications.
A person
19
is qualified to receive a license as a barber if that person
20
has applied in writing or electronically on forms provided by
21
the Department, has paid the required fees, and:
22
a. Is at least 16 years of age; and
23
b. Has a certificate of graduation from a school
24
providing secondary education, or the recognized
25
equivalent of such a certificate, or persons who are
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
beyond the age of compulsory school attendance; and
2
c. Has graduated from a licensed school of barbering
3
or school of cosmetology, having completed a total of 1500
4
hours in the study of barbering extending over a period of
5
not less than 9 months
, or has completed 3,000 hours in an
6
apprenticeship program for barbers under Section 1-15
. A
7
licensed school of barbering may, at its discretion,
8
consistent with the rules of the Department, accept up to
9
1,000 hours of cosmetology school training at a licensed
10
cosmetology school toward the 1500 hour course requirement
11
of barbering. Time spent in such study under the laws of
12
another state or territory of the United States or of a
13
foreign country or province shall be credited toward the
14
period of study required by the provisions of this
15
paragraph; and
16
d. Has passed an examination caused to be conducted by
17
the Department or its designated testing service to
18
determine fitness to receive a license as a barber; and
19
e. Has met all other requirements of this Act or by
20
rule.
21
(Source: P.A. 104-153, eff. 1-1-26
.)
22
(225 ILCS 410/2-7)
(from Ch. 111, par. 1702-7)
23
(Section scheduled to be repealed on January 1, 2031)
24
Sec. 2-7.
Examination of applicants.
The Department shall
25
hold examinations of applicants for licensure as barbers and
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
barber teachers at such times and places as it may determine.
2
Upon request, the examinations shall be administered in
3
Spanish and any other language as determined by the Department
4
to be necessary pursuant to the Language Equity and Access
5
Act.
6
Each applicant shall be given an examination testing both
7
theoretical and practical knowledge of the following subjects
8
insofar as they are related and applicable to the practice of
9
barber science and art: (1) anatomy, (2) physiology, (3) skin
10
diseases, (4) hygiene and sanitation, (5) barber history, (6)
11
this Act and the rules for the administration of this Act, (7)
12
hair cutting and styling, (8) shaving, shampooing, and
13
permanent waving, (9) massaging, (10) bleaching, tinting, and
14
coloring, and (11) implements.
15
The examination of applicants for licensure as a barber
16
teacher shall include: (a) practice of barbering and styling,
17
(b) theory of barbering, (c) methods of teaching, and (d)
18
school management.
19
An applicant for licensure as a barber who has completed
20
1,200 hours in the study of barbering may take the
21
examination.
If an applicant for licensure as a barber fails
22
to pass 3 examinations conducted by the Department, the
23
applicant shall, before taking a subsequent examination,
24
furnish evidence of not less than 100 hours of additional
25
study of barbering in a licensed school of barbering or
26
cosmetology since the applicant last took the examination. If
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1
an applicant for licensure as a barber teacher fails to pass 3
2
examinations conducted by the Department, the applicant shall,
3
before taking a subsequent examination, furnish evidence of
4
not less than 80 hours of additional study in teaching
5
methodology and educational psychology in a licensed school of
6
barbering or cosmetology since the applicant last took the
7
examination. The requirements for remedial training set forth
8
in this Section may be waived in whole or in part by the
9
Department upon proof to the Department that the applicant has
10
demonstrated competence to again sit for the examination or if
11
the Department otherwise determines a waiver is appropriate.
12
The Department shall adopt rules establishing standards by
13
which this determination shall be made.
14
(Source: P.A. 104-153, eff. 1-1-26
.)
15
(225 ILCS 410/3-2)
(from Ch. 111, par. 1703-2)
16
(Section scheduled to be repealed on January 1, 2031)
17
Sec. 3-2.
Licensure; qualifications.
18
(1) A person is qualified to receive a license as a
19
cosmetologist who has filed an application in writing or
20
electronically on forms provided by the Department, pays the
21
required fees, and:
22
a. Is at least 16 years of age; and
23
b. Is beyond the age of compulsory school attendance
24
or has received a certificate of graduation from a school
25
providing secondary education, or the recognized
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1
equivalent of that certificate; and
2
c. Has graduated from a licensed school of
3
cosmetology, having completed a program of 1,500 hours in
4
the study of cosmetology extending over a period of not
5
less than 8 months
, or has completed 3,000 in an
6
apprenticeship program for cosmetologists under Section
7
1-15
. A licensed school of cosmetology may, at its
8
discretion, consistent with the rules of the Department,
9
accept up to 1,000 hours of barber school training at a
10
licensed barber school toward the 1,500 hour program
11
requirement of cosmetology. Time spent in such study under
12
the laws of another state or territory of the United
13
States or of a foreign country or province shall be
14
credited toward the period of study required by the
15
provisions of this paragraph; and
16
d. Has passed an examination authorized by the
17
Department to determine eligibility to receive a license
18
as a cosmetologist; and
19
e. Has met any other requirements set forth in this
20
Act or by rule.
21
(2) (Blank).
22
(Source: P.A. 104-153, eff. 1-1-26
.)
23
(225 ILCS 410/3-6)
(from Ch. 111, par. 1703-6)
24
(Section scheduled to be repealed on January 1, 2031)
25
Sec. 3-6.
Examination.
The Department shall authorize
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1
examinations of applicants for licensure as cosmetologists and
2
teachers of cosmetology at the times and places it may
3
determine. Upon request, the examinations shall be
4
administered in Spanish and any other language as may be
5
determined by the Department to be necessary pursuant to the
6
Language Equity and Access Act. The Department may provide by
7
rule for the administration of the examination prior to the
8
completion of the applicant's program of training as required
9
in Section 3-2, 3-3, or 3-4.
Notwithstanding Section 3-2, 3-3,
10
or 3-4, an applicant for licensure as a cosmetologist who has
11
completed 1,200 hours in the study of cosmetology may take the
12
examination.
If an applicant for licensure as a cosmetologist
13
fails to pass 3 examinations conducted by the Department, the
14
applicant shall, before taking a subsequent examination,
15
furnish evidence of not less than 100 hours of additional
16
study of cosmetology in a licensed school of cosmetology since
17
the applicant last took the examination. If an applicant for
18
licensure as a cosmetology teacher fails to pass 3
19
examinations conducted by the Department, the applicant shall,
20
before taking a subsequent examination, furnish evidence of
21
not less than 80 hours of additional study in teaching
22
methodology and educational psychology in a licensed school of
23
cosmetology since the applicant last took the examination. The
24
requirements for remedial training set forth in this Section
25
may be waived in whole or in part by the Department upon proof
26
to the Department that the applicant has demonstrated
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1
competence to again sit for the examination or if the
2
Department otherwise determines a waiver is appropriate. The
3
Department shall adopt rules establishing the standards by
4
which this determination shall be made. Each cosmetology
5
applicant shall be given an examination testing both
6
theoretical and practical knowledge, which shall include, but
7
not be limited to, questions that determine the applicant's
8
knowledge of product chemistry, sanitary rules, sanitary
9
procedures, chemical service procedures, hazardous chemicals
10
and exposure minimization, knowledge of the anatomy of the
11
skin, scalp, hair, and nails as they relate to applicable
12
services under this Act and labor and compensation laws.
13
The examination of applicants for licensure as a
14
cosmetology, esthetics, or nail technology teacher may include
15
all of the elements of the exam for licensure as a
16
cosmetologist, esthetician, or nail technician and also
17
include teaching methodology, classroom management, record
18
keeping, and any other related subjects that the Department in
19
its discretion may deem necessary to ensure competent
20
performance.
21
(Source: P.A. 104-153, eff. 1-1-26
.)
22
(225 ILCS 410/3A-2)
(from Ch. 111, par. 1703A-2)
23
(Section scheduled to be repealed on January 1, 2031)
24
Sec. 3A-2.
Licensure as an esthetician; qualifications.
A
25
person is qualified to receive a license as a licensed
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1
esthetician if that person has applied in writing or
2
electronically on forms provided by the Department, paid any
3
required fees, and:
4
a. Is at least 16 years of age; and
5
b. Has a certificate of graduation from a school providing
6
secondary education, or the recognized equivalent of such a
7
certificate, or a person who is beyond the age of compulsory
8
school attendance; and
9
c. Has graduated from a school of cosmetology or esthetics
10
licensed by the Department, having completed a program of 750
11
hours in the study of esthetics extending over a period of not
12
less than 18 weeks
, or has completed an apprenticeship program
13
for estheticians under Section 1-15
. Time spent in such study
14
under the laws of another state or territory of the United
15
States or of a foreign country or province shall be credited
16
toward the period of study required by the provisions of this
17
paragraph; and
18
d. Has passed an examination authorized by the Department
19
to determine fitness to receive a license as a licensed
20
esthetician; and
21
e. Has met any other requirements of this Act and rules.
22
(Source: P.A. 104-153, eff. 1-1-26
.)
23
(225 ILCS 410/3A-5)
(from Ch. 111, par. 1703A-5)
24
(Section scheduled to be repealed on January 1, 2031)
25
Sec. 3A-5.
Examination.
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1
(a) The Department shall authorize examinations of
2
applicants for a license as an esthetician or teacher of
3
esthetics at such times and places as it may determine. Upon
4
request, the examinations shall be administered in Spanish and
5
any other language as may be determined by the Department to be
6
necessary pursuant to the Language Equity and Access Act. The
7
Department shall authorize no fewer than 4 examinations for a
8
license as an esthetician or a teacher of esthetics in a
9
calendar year.
An applicant for licensure as an esthetician
10
who has completed 600 hours in the study of esthetics may take
11
the examination.
12
If an applicant neglects, fails without an approved
13
excuse, or refuses to take the next available examination
14
offered for licensure under this Act, the fee paid by the
15
applicant shall be forfeited to the Department and the
16
application denied. If an applicant fails to pass an
17
examination for licensure under this Act within 3 years after
18
filing his or her application, the application shall be
19
denied. However, such applicant may thereafter make a new
20
application for examination, accompanied by the required fee,
21
if he or she meets the requirements in effect at the time of
22
reapplication. If an applicant for licensure as an esthetician
23
is unsuccessful at 3 examinations conducted by the Department,
24
the applicant shall, before taking a subsequent examination,
25
furnish evidence of not less than 50 hours of additional study
26
of esthetics in a licensed school of cosmetology or esthetics
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1
since the applicant last took the examination. If an applicant
2
for licensure as an esthetics teacher is unsuccessful at 3
3
examinations conducted by the Department, the applicant shall,
4
before taking a subsequent examination, furnish evidence of
5
not less than 50 hours of additional study in teaching
6
methodology and educational psychology in a licensed school of
7
cosmetology or esthetics since the applicant last took the
8
examination. The requirements for remedial training set forth
9
in this Section may be waived in whole or in part by the
10
Department upon proof to the Department that the applicant has
11
demonstrated competence to again sit for the examination or if
12
the Department otherwise determines a waiver is appropriate.
13
The Department shall adopt rules establishing the standards by
14
which this determination shall be made.
15
(b) Each applicant shall be given a written examination
16
testing both theoretical and practical knowledge which shall
17
include, but not be limited to, questions that determine the
18
applicant's knowledge, as provided by rule.
19
(c) The examination of applicants for licensure as an
20
esthetics teacher may include:
21
(1) teaching methodology;
22
(2) classroom management; and
23
(3) record keeping and any other subjects that the
24
Department may deem necessary to ensure competent
25
performance.
26
(d) (Blank).
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1
(Source: P.A. 104-153, eff. 1-1-26
.)
2
(225 ILCS 410/3B-4)
(from Ch. 111, par. 1703B-4)
3
(Section scheduled to be repealed on January 1, 2031)
4
Sec. 3B-4.
Except for the violations enumerated below, any
5
owner, operator or authorized agent of a school who knowingly
6
violates any provision of this Act shall be guilty of a
7
business offense.
8
Any owner, operator or authorized agent of a school who
9
commits any of the following offenses shall be guilty of a
10
Class A misdemeanor for the first offense and a Class 4 felony
11
for the second or subsequent offense:
12
1. Knowingly, and for the purpose of influencing or
13
inducing a person to enroll in the course of instruction
14
offered by the school, makes any false or misleading
15
statements, misrepresentations or false promises to such
16
person regarding opportunities upon graduation from the
17
school for (a) employment in a business, industry or
18
trade, (b) admission to an institution of higher learning,
19
or (c) admission to an occupational licensing examination.
20
2. Knowingly, and with intent to defraud, retains in
21
excess of the school's refund policy prescribed in this
22
Act any unearned tuition or fees paid by a student who has
23
cancelled his enrollment agreement and is entitled to a
24
refund.
25
3. Knowingly, and with intent to defraud,
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1
misrepresents that any student who has cancelled his
2
enrollment agreement is presently enrolled in the school,
3
has completed the course of instruction or has graduated
4
from the school.
5
4. Knowingly uses or attempts to use students in any
6
commercial or manufacturing activity related to the
7
operation of the school and to the school's advantage and
8
profit; except to the extent that the school provides the
9
student with practical experience supplemental to the
10
course of instruction or except in the case of students
11
who are employed by the school and compensated for such
12
employment
or who are enrolled in an apprenticeship
13
program
.
14
(Source: P.A. 85-1382
.)
15
(225 ILCS 410/3C-2)
(from Ch. 111, par. 1703C-2)
16
(Section scheduled to be repealed on January 1, 2031)
17
Sec. 3C-2.
License; qualifications.
A person is qualified
18
to receive a license as a nail technician if that person
19
applies in writing or electronically on forms provided by the
20
Department, pays the required fee, and:
21
(a) Is at least 16 years of age;
22
(b) Is beyond the age of compulsory school attendance
23
or has a certificate of graduation from a school providing
24
secondary education or the recognized equivalent of that
25
certificate;
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1
(c) Has graduated from a licensed school of
2
cosmetology or school of nail technology, having completed
3
a program of 350 hours in the study of nail technology
4
extending over a period of not less than 8 weeks
, or has
5
completed an apprenticeship program for nail technicians
6
under Section 1-15
;
7
(d) Has passed an examination authorized by the
8
Department to determine eligibility to receive a license
9
as a nail technician; and
10
(e) Has met any other requirements of this Act or any
11
applicable rules.
12
Time spent in the study of nail technology under the laws
13
of another state or territory of the United States, or of a
14
foreign country or province, shall be credited toward the
15
period of study required by the provisions of subsection (c).
16
(Source: P.A. 104-153, eff. 1-1-26
.)
17
(225 ILCS 410/3C-7)
(from Ch. 111, par. 1703C-7)
18
(Section scheduled to be repealed on January 1, 2031)
19
Sec. 3C-7.
Examinations; failure or refusal to take
20
examination.
The Department shall authorize examinations of
21
applicants for licenses as nail technicians and teachers of
22
nail technology at the times and places as it may determine.
23
Upon request, the examinations shall be administered in
24
Spanish and any other language as may be determined by the
25
Department to be necessary pursuant to the Language Equity and
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LRB104 10369 AAS 20444 b
1
Access Act.
An applicant for licensure as a nail technician
2
who has completed 280 hours in the study of nail technology may
3
take the examination.
4
The Department shall authorize not less than 4
5
examinations for licenses as nail technicians, and nail
6
technology teachers in a calendar year.
7
If an applicant neglects, fails without an approved
8
excuse, or refuses to take the next available examination
9
offered for licensure under this Act, the fee paid by the
10
applicant shall be forfeited to the Department and the
11
application denied. If an applicant fails to pass an
12
examination for licensure under this Act within 3 years after
13
filing an application, the application shall be denied.
14
Nevertheless, the applicant may thereafter make a new
15
application for examination, accompanied by the required fee,
16
if he or she meets the requirements in effect at the time of
17
reapplication. If an applicant for licensure as a nail
18
technician or nail technology teacher is unsuccessful at 3
19
examinations conducted by the Department, the applicant shall,
20
before taking a subsequent examination, furnish evidence of
21
successfully completing (i) for a nail technician, not less
22
than 24 hours of additional study of nail technology in a
23
licensed school of cosmetology approved to teach nail
24
technology or nail technology and (ii) for a nail technology
25
teacher, not less than 80 hours of additional study in
26
teaching methodology and educational psychology in a licensed
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1
school of cosmetology or nail technology since the applicant
2
last took the examination. The requirements for remedial
3
training set forth in this Section may be waived in whole or in
4
part by the Department upon proof to the Department that the
5
applicant has demonstrated competence to sit for the
6
examination again or if the Department otherwise determines a
7
waiver is appropriate. The Department shall adopt rules
8
establishing the standards by which this determination shall
9
be made.
10
Each applicant for licensure as a nail technician shall be
11
given an examination testing both theoretical and practical
12
knowledge, which shall include, but not be limited to,
13
questions that determine the applicant's knowledge of product
14
chemistry, sanitary rules, sanitary procedures, hazardous
15
chemicals and exposure minimization, this Act, and labor and
16
compensation laws.
17
The examination for licensure as a nail technology teacher
18
may include knowledge of the subject matter, teaching
19
methodology, classroom management, record keeping, and any
20
other subjects that the Department in its discretion may deem
21
necessary to ensure competent performance.
22
(Source: P.A. 104-153, eff. 1-1-26
.)
23
(225 ILCS 410/3E-2)
24
(Section scheduled to be repealed on January 1, 2031)
25
Sec. 3E-2.
Hair braider licensure; qualifications.
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1
(a) A person is qualified to receive a license as a hair
2
braider if he or she has filed an application in writing or
3
electronically on forms provided by the Department, paid the
4
required fees, and meets the following qualifications:
5
(1) Is at least 16 years of age;
6
(2) Is beyond the age of compulsory school attendance
7
or has received a certificate of graduation from a school
8
providing secondary education, or the recognized
9
equivalent of that certificate;
10
(3) Has completed a program consisting of a minimum of
11
300 clock hours or a 10 credit hour equivalency of
12
instruction, as defined by rule, in a licensed cosmetology
13
school
teaching a hair braiding curriculum
or in a
14
licensed hair braiding school
teaching the hair braiding
15
curriculum set by rule, or has completed an apprenticeship
16
program for hair braiders under Section 1-15;
as follows:
17
(A) Basic training consisting of 35 hours of
18
classroom instruction in general theory, practical
19
application, and technical application in the
20
following subject areas: history of hair braiding,
21
personal hygiene and public health, professional
22
ethics, disinfection and sanitation, bacteriology,
23
disorders and diseases of the hair and scalp, OSHA
24
standards relating to material safety data sheets
25
(MSDS) on chemicals, hair analysis and scalp care, and
26
technical procedures;
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LRB104 10369 AAS 20444 b
1
(B) Related concepts consisting of 35 hours of
2
classroom instruction in the following subject areas:
3
Braid removal and scalp care; basic styling knowledge;
4
tools and equipment; growth patterns, styles and
5
sectioning; client consultation and face shapes; and
6
client education, pre-care, post-care, home care and
7
follow-up services;
8
(C) Practices and procedures consisting of 200
9
hours of instruction, which shall be a combination of
10
classroom instruction and clinical practical
11
application, in the following subject areas: single
12
braids with and without extensions; cornrows with and
13
without extensions; twists and knots; multiple
14
strands; hair locking; weaving/sewn-in; other
15
procedures as they relate to hair-braiding; and
16
product knowledge as it relates to hair braiding; and
17
(D) Business practices consisting of 30 hours of
18
classroom instruction in the following subject areas:
19
Illinois Barber, Cosmetology, Esthetics, Hair
20
Braiding, and Nail Technology Act of 1985 and Rules;
21
salon management; human relations and salesmanship;
22
and Workers' Compensation Act; and
23
(4)
Has passed an examination authorized by the
24
Department to determine eligibility to receive a license
25
as a hair braider; and
26
(5)
Has met any other requirements of this Act and any
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LRB104 10369 AAS 20444 b
1
applicable rules.
2
(b) The expiration date and renewal period for each
3
license issued under this Act shall be set by rule.
4
(c) Within 2 years after the effective date of this
5
amendatory Act of the 96th General Assembly, the Department
6
may issue a hair braider license to any applicant who does not
7
meet the requirements of items (2) and (3) of subsection (a) of
8
this Section if the applicant: (1) files an application in
9
accordance with subsection (a), (2) pays the required fee, (3)
10
has not committed an offense that would be grounds for
11
discipline under this Act, and (4) is able to demonstrate to
12
the Department through tax records or affidavits that he or
13
she has practiced hair braiding for at least 2 consecutive
14
years immediately prior to the date of his or her application.
15
A hair braider who obtains his or her license under this
16
subsection (c) may renew his or her license if he or she
17
applies to the Department for renewal and has completed at
18
least 65 hours of relevant training in health, safety,
19
hygiene, and business management in accordance with the
20
requirements of this Section or any rule adopted pursuant to
21
this Section. A hair braider who renews his or her license
22
under this subsection (c) may thereafter only renew his or her
23
license if he or she meets the requirements of Section 3E-5 of
24
this Act.
25
(Source: P.A. 104-153, eff. 1-1-26
.)
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LRB104 10369 AAS 20444 b
1
(225 ILCS 410/3E-8 new)
2
Sec. 3E-8.
Examinations; failure or refusal to take
3
examination.
The Department shall authorize examinations of
4
applicants for licenses as hair braiders and teachers of hair
5
braiding at the times and places as it may determine. Upon
6
request, the examinations shall be administered in Spanish and
7
any other language as may be determined by the Department to be
8
necessary pursuant to the Language Equity and Access Act.
9
The Department shall authorize not less than 4
10
examinations for licenses as hair braiders and hair braiding
11
teachers in a calendar year.
12
If an applicant neglects, fails without an approved
13
excuse, or refuses to take the next available examination
14
offered for licensure under this Act, the fee paid by the
15
applicant shall be forfeited to the Department and the
16
application denied. If an applicant fails to pass an
17
examination for licensure under this Act within 3 years after
18
filing an application, the application shall expire.
19
Nevertheless, the applicant may thereafter make a new
20
application for examination, accompanied by the required fee,
21
if the applicant meets the requirements in effect at the time
22
of reapplication. If an applicant for licensure as a hair
23
braider and hair braiding teacher is unsuccessful at 3
24
examinations conducted by the Department, the applicant shall,
25
before taking a subsequent examination, furnish evidence of
26
successfully completing: (i) for a hair braider, not less than
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LRB104 10369 AAS 20444 b
1
20 hours of additional study of hair braiding in a licensed
2
school of cosmetology approved to teach hair braiding or (ii)
3
for a hair braiding teacher, not less than 76 hours of
4
additional study in teaching methodology and educational
5
psychology in a licensed school of cosmetology or hair
6
braiding since the applicant last took the examination. The
7
requirements for remedial training in this Section may be
8
waived in whole or in part by the Department upon submitting
9
proof to the Department that the applicant has demonstrated
10
competence to sit for the examination again or if the
11
Department otherwise determines a waiver is appropriate. The
12
Department shall adopt rules establishing the standards by
13
which this determination shall be made.
14
Each applicant for licensure as a hair braider shall be
15
given an examination testing both theoretical and practical
16
knowledge, which shall include, but not be limited to,
17
questions that determine the applicant's knowledge of sanitary
18
rules, sanitary procedures, hair braiding practices and
19
procedures, diseases and health of the hair and scalp, this
20
Act, and labor and compensation laws.
21
The examination for licensure as a hair braiding teacher
22
may include knowledge of the subject matter, teaching
23
methodology, classroom management, recordkeeping, and any
24
other subjects that the Department in its discretion may deem
25
necessary to ensure competent performance.
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1
(225 ILCS 410/4-1)
2
(Section scheduled to be repealed on January 1, 2031)
3
Sec. 4-1.
Powers and duties of Department.
The Department
4
shall exercise, subject to the provisions of this Act, the
5
following functions, powers and duties:
6
(1) To cause to be conducted examinations to ascertain
7
the qualifications and fitness of applicants for licensure
8
as cosmetologists, estheticians, nail technicians, hair
9
braiders, or barbers and as cosmetology, esthetics, nail
10
technology, hair braiding, or barber teachers.
11
(2) To determine the qualifications for licensure as
12
(i) a cosmetologist, esthetician, nail technician, hair
13
braider, or barber, or (ii) a cosmetology, esthetics, nail
14
technology, hair braiding, or barber teacher, or (iii) a
15
cosmetology clinic teacher for persons currently holding
16
similar licenses outside the State of Illinois or the
17
continental U.S.
18
(3) To prescribe rules for:
19
(i) The method of examination of candidates for
20
licensure as a cosmetologist, esthetician, nail
21
technician, hair braider, or barber or cosmetology,
22
esthetics, nail technology, hair braiding, or barber
23
teacher.
24
(ii) Minimum standards as to what constitutes an
25
approved cosmetology, esthetics, nail technology, hair
26
braiding, or barber school
, and requirements for
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
apprenticeship programs
.
2
(iii) Minimum standards as to what constitutes an
3
approved continuing education sponsor for the
4
professions under this Act.
5
(4) To conduct investigations or hearings on
6
proceedings to determine disciplinary action.
7
(5) To conduct inspections of cosmetology, esthetics,
8
nail technology, hair braiding, or barber schools, salons,
9
or shops for compliance with this Act and any applicable
10
rules and to prescribe reasonable rules governing the
11
sanitary regulation and inspection of cosmetology,
12
esthetics, nail technology, hair braiding, or barber
13
schools, salons, or shops.
14
(6) To prescribe reasonable rules for the method of
15
renewal for each license as a cosmetologist, esthetician,
16
nail technician, hair braider, or barber or cosmetology,
17
esthetics, nail technology, hair braiding, or barber
18
teacher or cosmetology clinic teacher or for schools and
19
continuing education sponsors.
20
(7) To prescribe reasonable rules for the method of
21
registration, the issuance, fees, renewal and discipline
22
of a certificate of registration for the ownership or
23
operation of cosmetology, esthetics, hair braiding, and
24
nail technology salons and barber shops.
25
(8) To adopt rules concerning sanitation requirements,
26
requirements for education on sanitation, and any other
HB3460 Enrolled
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LRB104 10369 AAS 20444 b
1
health concerns associated with threading.
2
(Source: P.A. 104-153, eff. 1-1-26
.)
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