Bill Amendment: IL HB0788 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2026-05-21 - Added Co-Sponsor Rep. Mary Beth Canty [HB0788 Detail]
Download: Illinois-2025-HB0788-House_Amendment_001.html
Bill Title: REGULATION-TECH
Status: 2026-05-21 - Added Co-Sponsor Rep. Mary Beth Canty [HB0788 Detail]
Download: Illinois-2025-HB0788-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 788 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 788 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Textured Hair Licensing Act. | ||||||
| 6 | Section 2. Legislative findings and purpose. | ||||||
| 7 | (a) The General Assembly finds that: | ||||||
| 8 | (1) Textured hair care is a distinct field tied to | ||||||
| 9 | public health, identity, and cultural practice. | ||||||
| 10 | (2) Current licensure structures have historically | ||||||
| 11 | failed to center textured hair education. | ||||||
| 12 | (3) Women of color and impacted communities have faced | ||||||
| 13 | barriers to licensure, training, and safe culturally | ||||||
| 14 | competent services. | ||||||
| 15 | (4) Consumers need clearer sanitation, safety, and | ||||||
| 16 | accountability standards. | ||||||
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| 1 | (5) Illinois needs a stand-alone field that supports | ||||||
| 2 | access, workforce development, and consumer protection. | ||||||
| 3 | (6) Textured hair care practices involve direct | ||||||
| 4 | contact with the scalp and growing hair, including | ||||||
| 5 | prolonged tension styling, extension installation, and | ||||||
| 6 | scalp treatments. When performed improperly or without | ||||||
| 7 | adequate sanitation practices, these services may | ||||||
| 8 | contribute to scalp disorders, traction alopecia, | ||||||
| 9 | folliculitis, and other preventable health conditions. | ||||||
| 10 | (7) Establishing professional standards for textured | ||||||
| 11 | hair services promotes safe practices, sanitation | ||||||
| 12 | education, and consumer protection. | ||||||
| 13 | (b) The purposes of this Act are to: | ||||||
| 14 | (1) establish cirrology as a separate licensing field; | ||||||
| 15 | (2) regulate textured hair care through its own | ||||||
| 16 | standards; | ||||||
| 17 | (3) create licensure for practitioners, teachers, | ||||||
| 18 | schools, sponsors, salons, shops, apprenticeship sites, | ||||||
| 19 | partners, and employers; | ||||||
| 20 | (4) support school-based education, paid | ||||||
| 21 | apprenticeships, and transition from current braiding | ||||||
| 22 | structures; | ||||||
| 23 | (5) repeal or transfer hair braiding references from | ||||||
| 24 | the Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
| 25 | Nail Technology Act of 1985 into this Act; and | ||||||
| 26 | (6) support collaboration with community colleges, | ||||||
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| 1 | high schools, workforce systems, and approved partner | ||||||
| 2 | employers. | ||||||
| 3 | Section 3. Definitions. As used in this Act: | ||||||
| 4 | "African hair braiding" or "traditional African hair | ||||||
| 5 | braiding" means hair braiding practices rooted in African | ||||||
| 6 | cultural, ancestral, or traditional methods of arranging | ||||||
| 7 | textured hair by braiding, cornrowing, plaiting, twisting, | ||||||
| 8 | weaving, wrapping, locking, extending, or similar nonchemical | ||||||
| 9 | techniques, whether performed with natural hair, extensions, | ||||||
| 10 | thread, fibers, or other lawful materials consistent with this | ||||||
| 11 | Act. | ||||||
| 12 | "Approved apprenticeship partner" means an institution, | ||||||
| 13 | program, or organization approved by the Department under this | ||||||
| 14 | Act to collaborate in hosting, supporting, coordinating, or | ||||||
| 15 | providing related instruction for a cirrology apprenticeship | ||||||
| 16 | program. An approved apprenticeship partner may include, but | ||||||
| 17 | is not limited to, a community college, high school, career | ||||||
| 18 | and technical education program, licensed school, nonprofit | ||||||
| 19 | training provider, workforce training organization, or other | ||||||
| 20 | approved educational or community-based partner. | ||||||
| 21 | "Approved continuing education sponsor" means a person, | ||||||
| 22 | school, business, institution, association, organization, or | ||||||
| 23 | other entity approved by the Department under this Act to | ||||||
| 24 | offer continuing education in cirrology, textured hair care, | ||||||
| 25 | sanitation, safety, law, business practices, educator | ||||||
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| 1 | development, or related professional subjects authorized under | ||||||
| 2 | this Act. | ||||||
| 3 | "Approved partner employer" means a person, business, | ||||||
| 4 | organization, or approved work site authorized by the | ||||||
| 5 | Department under this Act to employ and provide paid | ||||||
| 6 | on-the-job training to an apprentice enrolled in a cirrology | ||||||
| 7 | apprenticeship program under the supervision required by this | ||||||
| 8 | Act. "Approved partner employer" includes, but is not limited | ||||||
| 9 | to, a registered cirrology shop or another Department-approved | ||||||
| 10 | work site capable of providing supervised training within the | ||||||
| 11 | lawful scope of practice established by this Act. | ||||||
| 12 | "Board" or "Board of Cirrology" means the Board of | ||||||
| 13 | Cirrology created under this Act. | ||||||
| 14 | "Cirrology" means the distinct, nonchemical field of | ||||||
| 15 | professional study and practice dedicated to the care, | ||||||
| 16 | treatment, maintenance, styling, preservation, and management | ||||||
| 17 | of textured hair and scalp health through culturally informed, | ||||||
| 18 | health-centered, and nonchemical methods. "Cirrology" includes | ||||||
| 19 | the theory and practice of textured hair care, natural hair | ||||||
| 20 | care, braiding, loc care, protective styling, and related | ||||||
| 21 | services within the scope authorized by this Act. | ||||||
| 22 | "Cirrology apprenticeship program" means the continuing | ||||||
| 23 | apprenticeship agreement under this Act through which an | ||||||
| 24 | enrolled apprentice receives paid on-the-job training, related | ||||||
| 25 | instruction, supervision, evaluation, and competency | ||||||
| 26 | development toward licensure as a cirrologist. A cirrology | ||||||
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| 1 | apprenticeship program shall be carried out in collaboration | ||||||
| 2 | with an approved partner employer and, where applicable, an | ||||||
| 3 | approved apprenticeship partner, under the supervision | ||||||
| 4 | required by this Act. | ||||||
| 5 | "Cirrologist" or "textured hair specialist" means a person | ||||||
| 6 | who engages in the practice of cirrology and who is licensed or | ||||||
| 7 | otherwise authorized under this Act to provide textured hair | ||||||
| 8 | care services within the lawful scope of practice established | ||||||
| 9 | by this Act. | ||||||
| 10 | "Department" means the Department of Financial and | ||||||
| 11 | Professional Regulation. | ||||||
| 12 | "Enrollment agreement" means a written agreement, | ||||||
| 13 | contract, disclosure, or other document executed between a | ||||||
| 14 | student and a licensed cirrology school that identifies the | ||||||
| 15 | program of instruction, tuition, fees, length of program, | ||||||
| 16 | refund policy, attendance standards, completion requirements, | ||||||
| 17 | and other terms of enrollment required by this Act or by rule. | ||||||
| 18 | "Good standing" means, when used with respect to a person | ||||||
| 19 | or entity credentialed, approved, or registered under this Act | ||||||
| 20 | or prior law, that the credential, approval, or registration | ||||||
| 21 | is active, valid, not expired, and not currently revoked, | ||||||
| 22 | suspended, surrendered in lieu of discipline, or otherwise | ||||||
| 23 | subject to a disciplinary restriction that would prohibit | ||||||
| 24 | lawful practice, instruction, operation, or approval status. | ||||||
| 25 | "Hair braiding" means the practice of interweaving, | ||||||
| 26 | twisting, wrapping, plaiting, cornrowing, extending, locking, | ||||||
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| 1 | looping, lacing, sewing, or otherwise arranging natural hair, | ||||||
| 2 | natural fibers, synthetic fibers, thread, or extensions into | ||||||
| 3 | braids, twists, rows, woven patterns, or related nonchemical | ||||||
| 4 | styles. | ||||||
| 5 | "Hair locking" or "hair loc'ing" means the nonchemical | ||||||
| 6 | forming, cultivating, shaping, maintaining, grooming, | ||||||
| 7 | interlocking, palm rolling, twisting, separating, repairing, | ||||||
| 8 | retightening, or otherwise managing hair that has been formed | ||||||
| 9 | or maintained into locs, locks, or similar naturally matted or | ||||||
| 10 | intentionally cultivated formations within the scope | ||||||
| 11 | authorized by this Act. | ||||||
| 12 | "Licensed cirrologist" means an individual licensed by the | ||||||
| 13 | Department under this Act to practice cirrology for | ||||||
| 14 | compensation. | ||||||
| 15 | "Licensed cirrology teacher" means an individual licensed | ||||||
| 16 | by the Department under this Act to teach cirrology theory or | ||||||
| 17 | practice, supervise cirrology students in an approved | ||||||
| 18 | educational setting, or otherwise provide instruction | ||||||
| 19 | authorized under this Act. | ||||||
| 20 | "Licensed cirrology school" means a school, institution, | ||||||
| 21 | or approved educational entity licensed by the Department | ||||||
| 22 | under this Act to provide a cirrology course of instruction | ||||||
| 23 | and related educational functions authorized under this Act. | ||||||
| 24 | "Mobile salon or shop" means a movable, portable, or | ||||||
| 25 | vehicle-based business unit from which cirrology services are | ||||||
| 26 | provided for compensation, if authorized by the Department | ||||||
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| 1 | under this Act and rules adopted under this Act. | ||||||
| 2 | "Natural hair care" means the nonchemical cleansing, | ||||||
| 3 | conditioning, moisturizing, detangling, treating, | ||||||
| 4 | maintaining, managing, preserving, and supporting of natural | ||||||
| 5 | textured hair and scalp health without the use of chemical | ||||||
| 6 | processes that permanently alter the natural structure of the | ||||||
| 7 | hair shaft. | ||||||
| 8 | "Natural hair styling" or "natural styling" means the | ||||||
| 9 | nonchemical styling, shaping, arranging, stretching, defining, | ||||||
| 10 | setting, finishing, dusting, trimming, light contouring, or | ||||||
| 11 | otherwise styling of natural textured hair, including twists, | ||||||
| 12 | twist-outs, braid-outs, wash-and-go styling, roller sets, rod | ||||||
| 13 | sets, palm rolling, finger styling, and similar methods | ||||||
| 14 | authorized under this Act. | ||||||
| 15 | "Pre-apprenticeship program" means a preparatory training | ||||||
| 16 | program approved or recognized by the Department under this | ||||||
| 17 | Act that provides foundational instruction, work-readiness | ||||||
| 18 | training, career exposure, supportive services, or related | ||||||
| 19 | preparation for entry into a cirrology apprenticeship program. | ||||||
| 20 | "Protective hair styling" means the nonchemical styling of | ||||||
| 21 | natural or extension-based textured hair in a manner intended | ||||||
| 22 | to preserve hair health, reduce manipulation, support growth | ||||||
| 23 | retention, improve manageability, or protect the hair from | ||||||
| 24 | breakage, dryness, friction, or environmental stress. | ||||||
| 25 | "Protective hair styling" includes, but is not limited to, | ||||||
| 26 | braids, twists, cornrows, loc styles, extension-supported | ||||||
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| 1 | styles, wraps, and similar techniques consistent with this | ||||||
| 2 | Act. | ||||||
| 3 | "Registered cirrology shop" means any fixed location, | ||||||
| 4 | suite, salon, shop, or other registered place of business, and | ||||||
| 5 | any mobile unit if authorized by rule, that is registered | ||||||
| 6 | under this Act for the performance of cirrology services for | ||||||
| 7 | compensation. | ||||||
| 8 | "Related instruction" means classroom, laboratory, online, | ||||||
| 9 | or supervised educational instruction approved under this Act | ||||||
| 10 | and provided by an approved partner, licensed cirrology | ||||||
| 11 | school, or other provider approved by the Department upon | ||||||
| 12 | recommendation of the Board. | ||||||
| 13 | "Secretary" means the Secretary of Financial and | ||||||
| 14 | Professional Regulation. | ||||||
| 15 | "Student" means a person enrolled in a licensed cirrology | ||||||
| 16 | school or other approved cirrology educational program under | ||||||
| 17 | this Act for the purpose of completing the required course of | ||||||
| 18 | study, practical training, or other educational requirements | ||||||
| 19 | for licensure. | ||||||
| 20 | "Textured hair" means hair commonly characterized by | ||||||
| 21 | waves, curls, coils, kinks, tight curl patterns, or similar | ||||||
| 22 | natural formation, including hair types historically | ||||||
| 23 | associated with African, African American, Afro-descendant, | ||||||
| 24 | multicultural, curly, coily, kinky, and other naturally | ||||||
| 25 | textured hair patterns. | ||||||
| 26 | "Textured hair services" or "textured hair care" means the | ||||||
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| 1 | nonchemical care, treatment, maintenance, styling, | ||||||
| 2 | preservation, manipulation, and management of textured hair | ||||||
| 3 | and scalp health within the scope authorized by this Act, | ||||||
| 4 | including consultation, cleansing, conditioning, | ||||||
| 5 | moisturizing, detangling, natural styling, braiding, loc care, | ||||||
| 6 | protective styling, extension-based textured styling, client | ||||||
| 7 | education, and related nonchemical services. | ||||||
| 8 | Section 4. Scope of practice of cirrology. | ||||||
| 9 | (a) General scope. The practice of cirrology under this | ||||||
| 10 | Act consists of the professional, nonchemical care, study, | ||||||
| 11 | treatment, styling, maintenance, preservation, and management | ||||||
| 12 | of textured hair and scalp health for compensation. Cirrology | ||||||
| 13 | is a distinct field of practice dedicated to textured hair | ||||||
| 14 | care through culturally informed, health-centered, and | ||||||
| 15 | nonchemical methods. | ||||||
| 16 | (b) Authorized practice. A person licensed under this Act | ||||||
| 17 | as a cirrologist may perform textured hair services within the | ||||||
| 18 | scope authorized by this Section and as otherwise provided by | ||||||
| 19 | this Act and rules adopted under this Act. | ||||||
| 20 | (c) Authorized services. The scope of practice of | ||||||
| 21 | cirrology includes, but is not limited to, the following | ||||||
| 22 | services when performed within the nonchemical scope of this | ||||||
| 23 | Act: | ||||||
| 24 | (1) consulting with clients regarding hair texture, | ||||||
| 25 | curl pattern, scalp condition, styling goals, maintenance | ||||||
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| 1 | needs, protective styling options, service planning, and | ||||||
| 2 | home-care practices; | ||||||
| 3 | (2) performing visual scalp analysis, texture | ||||||
| 4 | assessment, strand assessment, porosity observation, | ||||||
| 5 | density observation, and general nonmedical evaluation of | ||||||
| 6 | the hair and scalp for purposes of service selection, | ||||||
| 7 | maintenance planning, and referral when appropriate; | ||||||
| 8 | (3) shampooing, cleansing, conditioning, | ||||||
| 9 | moisturizing, steaming, detangling, drying, and otherwise | ||||||
| 10 | preparing textured hair and scalp by nonchemical means; | ||||||
| 11 | (4) applying nonchemical scalp and hair treatments, | ||||||
| 12 | including botanical, herbal, oil-based, water-based, | ||||||
| 13 | moisture-based, and other nonpenetrating product | ||||||
| 14 | applications intended to support scalp comfort, manage | ||||||
| 15 | dryness, improve hair manageability, preserve moisture, | ||||||
| 16 | reduce breakage, or maintain textured hair health; | ||||||
| 17 | (5) performing natural hair styling and maintenance | ||||||
| 18 | services, including wash-and-go styling, twist-outs, | ||||||
| 19 | braid-outs, roller sets, rod sets, finger styling, comb | ||||||
| 20 | twisting, palm rolling, wrapping, molding by nonchemical | ||||||
| 21 | means, stretching by nonchemical means, and other | ||||||
| 22 | nonchemical textured hair styling methods; | ||||||
| 23 | (6) performing hair braiding and African-style hair | ||||||
| 24 | braiding, including braiding, cornrowing, plaiting, | ||||||
| 25 | extending, lacing, looping, weaving, wrapping, sewing, | ||||||
| 26 | interlacing, interweaving, and twisting with human hair, | ||||||
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| 1 | natural fibers, synthetic fibers, thread, or hair | ||||||
| 2 | extensions; | ||||||
| 3 | (7) performing protective styling services, including | ||||||
| 4 | individual braids, cornrows, flat twists, two-strand | ||||||
| 5 | twists, multi-strand twists, knotting techniques, | ||||||
| 6 | extension-based textured styles, and similar nonchemical | ||||||
| 7 | styles intended to preserve hair health, manageability, or | ||||||
| 8 | appearance; | ||||||
| 9 | (8) performing hair locking, loc cultivation, loc | ||||||
| 10 | maintenance, loc grooming, loc repair by nonchemical | ||||||
| 11 | means, interlocking, palm rolling, twisting, wrapping, | ||||||
| 12 | separation, retightening by approved nonchemical methods, | ||||||
| 13 | and other natural locking services consistent with this | ||||||
| 14 | Act; | ||||||
| 15 | (9) performing the installation, preparation, | ||||||
| 16 | placement, adjustment, maintenance, trimming, blending, | ||||||
| 17 | and removal of extensions, sewn-in extensions, wefts, | ||||||
| 18 | wraps, wigs, nonsurgical hair replacement units, and | ||||||
| 19 | similar additions to the hair, when performed within the | ||||||
| 20 | nonchemical scope of this Act; | ||||||
| 21 | (10) performing sectioning, parting, trimming, | ||||||
| 22 | shaping, dusting, light contouring, end maintenance, and | ||||||
| 23 | limited adjustment of textured hair or added hair when | ||||||
| 24 | performed solely to preserve the health, shape, balance, | ||||||
| 25 | or finish of natural textured styles, braids, twists, | ||||||
| 26 | locs, extensions, or protective styles, and not as a | ||||||
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| 1 | barbering or precision haircutting service; | ||||||
| 2 | (11) performing takedown, removal, unraveling, and | ||||||
| 3 | service completion for braids, twists, locs, extensions, | ||||||
| 4 | wraps, and similar textured hairstyles, together with | ||||||
| 5 | detangling, cleansing, conditioning, and restoration of | ||||||
| 6 | the hair following such removal; | ||||||
| 7 | (12) performing finishing services associated with | ||||||
| 8 | textured hair care, including drying, setting, separating, | ||||||
| 9 | fluffing, shaping, polishing, edge finishing by | ||||||
| 10 | nonchemical means, and final styling of natural or | ||||||
| 11 | protective hairstyles; | ||||||
| 12 | (13) instructing and educating clients regarding | ||||||
| 13 | textured hair care, scalp maintenance, style preservation, | ||||||
| 14 | service intervals, cleansing practices, product selection, | ||||||
| 15 | moisture retention, low-manipulation care, protective | ||||||
| 16 | styling care, loc care, takedown procedures, and safe home | ||||||
| 17 | maintenance; and | ||||||
| 18 | (14) performing any other nonchemical service, | ||||||
| 19 | technique, or procedure approved by rule of the Department | ||||||
| 20 | upon recommendation of the Board, provided that the | ||||||
| 21 | service is consistent with the purpose, public safety | ||||||
| 22 | standards, and nonchemical scope of this Act. | ||||||
| 23 | (d) Cultural and protective practices. The practice of | ||||||
| 24 | cirrology includes textured hair-specific methods and | ||||||
| 25 | culturally rooted practices historically used for the care, | ||||||
| 26 | maintenance, styling, preservation, and presentation of | ||||||
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| 1 | textured hair, including braids, locs, twists, cornrows, | ||||||
| 2 | wraps, and similar protective or natural hairstyles, so long | ||||||
| 3 | as the practices are performed within the health, sanitation, | ||||||
| 4 | and nonchemical limits of this Act. | ||||||
| 5 | (e) Tools, products, and methods. A cirrologist may use | ||||||
| 6 | nonchemical products, tools, instruments, and methods | ||||||
| 7 | reasonably necessary to perform services authorized under this | ||||||
| 8 | Act, including combs, clips, shears for trimming, shaping, | ||||||
| 9 | dusting, light contouring, or end maintenance within the | ||||||
| 10 | limited scope permitted by this Act, hairpins, thread, needles | ||||||
| 11 | for sewing extensions or units, rollers, rods, dryers, | ||||||
| 12 | steamers, locking tools, sectioning tools, and other | ||||||
| 13 | nonsurgical and nonchemical implements approved by rule. | ||||||
| 14 | Nothing in this subsection authorizes the use of chemical | ||||||
| 15 | agents or any implement or device for a purpose otherwise | ||||||
| 16 | prohibited by this Act. | ||||||
| 17 | (f) Client safety and referral. A cirrologist shall | ||||||
| 18 | practice in a manner that protects public health and consumer | ||||||
| 19 | safety. If a client presents with a scalp condition, hair loss | ||||||
| 20 | condition, skin condition, or other concern that appears to | ||||||
| 21 | require medical diagnosis or treatment, the cirrologist shall | ||||||
| 22 | not represent that the condition is being medically treated | ||||||
| 23 | under this Act and may recommend referral to an appropriate | ||||||
| 24 | licensed health care professional. | ||||||
| 25 | (g) Prohibited acts and excluded services. A license | ||||||
| 26 | issued under this Act does not authorize a person to: | ||||||
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| 1 | (1) shave or perform barber-style shaving services; | ||||||
| 2 | (2) perform precision haircutting, razor cutting, | ||||||
| 3 | clipper cutting, fading, tapering, or other barbering or | ||||||
| 4 | cosmetology cutting services outside the limited trimming, | ||||||
| 5 | shaping, dusting, light contouring, and end maintenance | ||||||
| 6 | expressly permitted under this Act; | ||||||
| 7 | (3) apply chemical straightening agents, relaxers, | ||||||
| 8 | texturizers, permanent wave solutions, curl-altering | ||||||
| 9 | chemicals, or other chemical agents intended to penetrate | ||||||
| 10 | or permanently alter the natural structure of the hair | ||||||
| 11 | shaft; | ||||||
| 12 | (4) apply chemical coloring agents, oxidative dyes, | ||||||
| 13 | lighteners, bleach, or other chemical products intended to | ||||||
| 14 | permanently color, strip, or chemically alter growing | ||||||
| 15 | human hair; | ||||||
| 16 | (5) use chemical joining agents, bonding agents, or | ||||||
| 17 | other chemical adhesives prohibited by rule for use on | ||||||
| 18 | growing hair or scalp; | ||||||
| 19 | (6) perform any procedure that penetrates living | ||||||
| 20 | tissue, constitutes surgery, or otherwise requires a | ||||||
| 21 | medical, nursing, or other professional health license; | ||||||
| 22 | (7) diagnose, treat, or claim to cure any disease or | ||||||
| 23 | disorder of the scalp, skin, or hair; | ||||||
| 24 | (8) perform any service outside the scope of practice | ||||||
| 25 | established by this Act; or | ||||||
| 26 | (9) use any product, practice, instrument, or device | ||||||
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| 1 | prohibited by this Act or by rule adopted under this Act. | ||||||
| 2 | (h) Nonchemical limitation. The scope of practice under | ||||||
| 3 | this Act is strictly limited to non-chemical textured hair | ||||||
| 4 | care. Nothing in this Act shall be construed to authorize | ||||||
| 5 | chemical cosmetology services, barbering services, esthetics | ||||||
| 6 | services, nail technology services, or any other regulated | ||||||
| 7 | practice outside the express scope of cirrology. | ||||||
| 8 | (i) Construction of scope. This Section shall be liberally | ||||||
| 9 | construed to recognize cirrology as a stand-alone field of | ||||||
| 10 | practice for textured hair care and shall not be interpreted | ||||||
| 11 | to subordinate cirrology to cosmetology, barbering, or any | ||||||
| 12 | other profession regulated under another Act, except where | ||||||
| 13 | expressly provided by law. | ||||||
| 14 | Section 5. Title protection; use of titles; | ||||||
| 15 | representations. | ||||||
| 16 | (a) Title protection. Only a person who is licensed under | ||||||
| 17 | this Act may use the title "cirrologist" or represent himself | ||||||
| 18 | or herself to the public as licensed, certified, endorsed, | ||||||
| 19 | approved, or otherwise authorized to practice cirrology in | ||||||
| 20 | this State. | ||||||
| 21 | (b) Restricted titles. A person may not use, assume, | ||||||
| 22 | advertise, or hold himself or herself out through any title, | ||||||
| 23 | words, letters, abbreviations, insignia, social media profile, | ||||||
| 24 | business name, signage, listing, website, promotional | ||||||
| 25 | material, or other representation that states or implies that | ||||||
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| 1 | the person is any of the following unless duly licensed, | ||||||
| 2 | approved, or registered under this Act: | ||||||
| 3 | (1) cirrologist; | ||||||
| 4 | (2) licensed cirrologist; | ||||||
| 5 | (3) licensed cirrology teacher; | ||||||
| 6 | (4) licensed cirrology school; | ||||||
| 7 | (5) registered cirrology shop; | ||||||
| 8 | (6) approved continuing education sponsor under this | ||||||
| 9 | Act; | ||||||
| 10 | (7) approved apprenticeship partner under this Act; | ||||||
| 11 | (8) approved partner employer under this Act; or | ||||||
| 12 | (9) any other title, designation, abbreviation, or | ||||||
| 13 | representation authorized by this Act or by rule adopted | ||||||
| 14 | under this Act. | ||||||
| 15 | (c) Prohibition on misleading representations. A person | ||||||
| 16 | may not represent, directly or indirectly, that he or she is | ||||||
| 17 | specially licensed, certified, endorsed, or approved in | ||||||
| 18 | cirrology or textured hair specialization under Illinois law | ||||||
| 19 | unless the person holds the applicable credential issued under | ||||||
| 20 | this Act. | ||||||
| 21 | (d) Use of similar or confusing titles. A person may not | ||||||
| 22 | use any title, description, words, symbols, abbreviation, or | ||||||
| 23 | other designation that is likely to mislead the public into | ||||||
| 24 | believing that the person is licensed, approved, or registered | ||||||
| 25 | under this Act when that person is not licensed, approved, or | ||||||
| 26 | registered under this Act. | ||||||
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| 1 | (e) Business and entity representations. A business | ||||||
| 2 | entity, school, shop, sponsor, employer, institution, or | ||||||
| 3 | organization may not advertise, promote, or hold itself out as | ||||||
| 4 | a licensed cirrology school, registered cirrology shop, | ||||||
| 5 | approved continuing education sponsor, approved apprenticeship | ||||||
| 6 | partner, or approved partner employer unless the applicable | ||||||
| 7 | approval, registration, or license has been issued by the | ||||||
| 8 | Department under this Act. | ||||||
| 9 | (f) Existing licensees under other Acts. Nothing in this | ||||||
| 10 | Act prohibits a person licensed under another Illinois | ||||||
| 11 | licensing Act from using the title authorized by that Act. | ||||||
| 12 | However, a person licensed under another Act may not use the | ||||||
| 13 | title "cirrologist" or any other title protected under this | ||||||
| 14 | Act and may not represent that he or she is licensed, approved, | ||||||
| 15 | certified, endorsed, or registered under this Act, unless he | ||||||
| 16 | or she holds the applicable credential issued under this Act. | ||||||
| 17 | (g) Cosmetologists and barbers. A cosmetologist, barber, | ||||||
| 18 | or other person licensed under another Act may continue to | ||||||
| 19 | perform services otherwise authorized under that person's | ||||||
| 20 | existing license. However, no person may represent that he or | ||||||
| 21 | she is licensed in cirrology, specially authorized in | ||||||
| 22 | cirrology, or approved to teach, supervise, regulate, or | ||||||
| 23 | provide instruction in cirrology unless licensed, approved, or | ||||||
| 24 | registered under this Act. | ||||||
| 25 | (h) Schools offering cirrology programs. A barber school, | ||||||
| 26 | cosmetology school, or other school licensed under another Act | ||||||
| |||||||
| |||||||
| 1 | may not advertise or offer a cirrology program, course, | ||||||
| 2 | pathway, specialty, certificate, or course of instruction | ||||||
| 3 | unless the cirrology program has been separately approved | ||||||
| 4 | under this Act. | ||||||
| 5 | (i) Apprentices and students. An apprentice or student | ||||||
| 6 | enrolled under this Act may identify himself or herself as a | ||||||
| 7 | cirrology apprentice or cirrology student only if currently | ||||||
| 8 | enrolled in a lawful program under this Act and only in a | ||||||
| 9 | manner that does not imply full licensure as a cirrologist. | ||||||
| 10 | (j) Effect of compliance with this Act. Use of a title | ||||||
| 11 | protected under this Act shall constitute a representation to | ||||||
| 12 | the public that the person or entity is subject to the | ||||||
| 13 | standards, requirements, oversight, and discipline established | ||||||
| 14 | by this Act. | ||||||
| 15 | (k) Violations. A violation of this Section constitutes an | ||||||
| 16 | unlawful representation and is grounds for discipline, denial | ||||||
| 17 | of licensure, refusal to issue or renew a license, civil | ||||||
| 18 | penalty, cease and desist action, or other enforcement | ||||||
| 19 | authorized under this Act. | ||||||
| 20 | Section 6. Categories of licensure, registration, and | ||||||
| 21 | approval. | ||||||
| 22 | (a) Credentials created under this Act. The Department | ||||||
| 23 | shall administer and issue the licenses, registrations, | ||||||
| 24 | approvals, and program recognitions established under this | ||||||
| 25 | Act. No person or entity may practice, operate, advertise, | ||||||
| |||||||
| |||||||
| 1 | instruct, sponsor, host, supervise, or otherwise hold itself | ||||||
| 2 | out as authorized under any category created by this Act | ||||||
| 3 | unless the applicable credential has been issued, approved, or | ||||||
| 4 | recognized by the Department in accordance with this Act and | ||||||
| 5 | rules adopted under this Act. | ||||||
| 6 | (b) Licensed cirrologist. The Department shall issue a | ||||||
| 7 | license as a licensed cirrologist to an individual who has met | ||||||
| 8 | the qualifications established under this Act to engage in the | ||||||
| 9 | practice of cirrology for compensation. | ||||||
| 10 | A licensed cirrologist may: | ||||||
| 11 | (1) perform services within the scope of practice | ||||||
| 12 | authorized by Section 4 of this Act; | ||||||
| 13 | (2) provide textured hair care, protective styling, | ||||||
| 14 | braiding, loc care, natural hair maintenance, | ||||||
| 15 | scalp-supportive nonchemical services, and related client | ||||||
| 16 | education authorized under this Act; | ||||||
| 17 | (3) practice as an individual, employee, independent | ||||||
| 18 | contractor, shop owner, educator if otherwise qualified, | ||||||
| 19 | or in another lawful professional capacity consistent with | ||||||
| 20 | this Act; and | ||||||
| 21 | (4) supervise apprentices, students, or trainees only | ||||||
| 22 | to the extent permitted by this Act and rules adopted | ||||||
| 23 | under this Act. | ||||||
| 24 | A licensed cirrologist shall not teach in a licensed | ||||||
| 25 | school, serve as an approved instructor for related | ||||||
| 26 | instruction, or supervise a cirrology apprenticeship program | ||||||
| |||||||
| |||||||
| 1 | unless otherwise authorized by this Act or by separate | ||||||
| 2 | credential where required. | ||||||
| 3 | (c) Licensed cirrology teacher. The Department shall issue | ||||||
| 4 | a license as a licensed cirrology teacher to an individual who | ||||||
| 5 | has met the qualifications established under this Act to teach | ||||||
| 6 | cirrology theory, practical skills, professional standards, | ||||||
| 7 | sanitation, safety, law, business practices, and related | ||||||
| 8 | subject matter approved under this Act. | ||||||
| 9 | A licensed cirrology teacher may: | ||||||
| 10 | (1) teach in a licensed cirrology school; | ||||||
| 11 | (2) provide instruction in an approved cirrology | ||||||
| 12 | program offered through a separately approved school or | ||||||
| 13 | institutional partner where permitted under this Act; | ||||||
| 14 | (3) provide related instruction for a cirrology | ||||||
| 15 | apprenticeship program if authorized under this Act and | ||||||
| 16 | rules; | ||||||
| 17 | (4) evaluate student or apprentice competency in | ||||||
| 18 | accordance with approved curriculum and Department | ||||||
| 19 | requirements; and | ||||||
| 20 | (5) perform any act otherwise authorized to a licensed | ||||||
| 21 | cirrologist, if the teacher also maintains the | ||||||
| 22 | professional standing required by this Act. | ||||||
| 23 | No person may hold himself or herself out as a licensed | ||||||
| 24 | cirrology teacher without the license required by this Act. | ||||||
| 25 | (d) Licensed cirrology school. The Department shall issue | ||||||
| 26 | a license as a licensed cirrology school to a school, | ||||||
| |||||||
| |||||||
| 1 | institution, or approved educational entity that has met the | ||||||
| 2 | qualifications established under this Act to provide a | ||||||
| 3 | cirrology course of instruction, clinical training, student | ||||||
| 4 | services, and other educational functions required for | ||||||
| 5 | licensure. | ||||||
| 6 | A licensed cirrology school may: | ||||||
| 7 | (1) enroll and instruct students in cirrology; | ||||||
| 8 | (2) provide the curriculum, clock hours, practical | ||||||
| 9 | training, and evaluations required under this Act; | ||||||
| 10 | (3) operate a student clinic or other approved | ||||||
| 11 | instructional setting consistent with this Act and | ||||||
| 12 | Department rules; | ||||||
| 13 | (4) employ or contract with licensed cirrology | ||||||
| 14 | teachers and other authorized personnel; | ||||||
| 15 | (5) partner with approved apprenticeship partners, | ||||||
| 16 | approved partner employers, community colleges, high | ||||||
| 17 | schools, or other approved entities to the extent | ||||||
| 18 | permitted under this Act; and | ||||||
| 19 | (6) issue records of completion, hours, and other | ||||||
| 20 | official school documentation required under this Act. | ||||||
| 21 | No person or entity may advertise, operate, or hold itself | ||||||
| 22 | out as a licensed cirrology school unless licensed by the | ||||||
| 23 | Department under this Act. | ||||||
| 24 | (e) Approved continuing education sponsor. The Department | ||||||
| 25 | shall approve an entity as an approved continuing education | ||||||
| 26 | sponsor to offer continuing education courses, training, | ||||||
| |||||||
| |||||||
| 1 | seminars, workshops, online instruction, or other approved | ||||||
| 2 | learning activities for renewal, competency development, | ||||||
| 3 | instructor development, public safety, sanitation, law, | ||||||
| 4 | ethics, business practice, or other subjects authorized under | ||||||
| 5 | this Act. | ||||||
| 6 | An approved continuing education sponsor may: | ||||||
| 7 | (1) develop and offer continuing education content for | ||||||
| 8 | persons credentialed under this Act; | ||||||
| 9 | (2) issue certificates or records of course completion | ||||||
| 10 | in the form required by the Department; | ||||||
| 11 | (3) offer live, hybrid, distance, or online education | ||||||
| 12 | to the extent permitted by rule; and | ||||||
| 13 | (4) provide professional development for | ||||||
| 14 | practitioners, teachers, schools, shops, approved | ||||||
| 15 | apprenticeship partners, and approved partner employers | ||||||
| 16 | where authorized under this Act. | ||||||
| 17 | Approval as a continuing education sponsor does not | ||||||
| 18 | authorize the sponsor to issue licenses, operate a school, or | ||||||
| 19 | represent that completion of sponsor-offered coursework alone | ||||||
| 20 | constitutes licensure unless expressly provided by this Act. | ||||||
| 21 | (f) Registered cirrology shop. The Department shall issue | ||||||
| 22 | a registration as a registered cirrology shop to a person or | ||||||
| 23 | entity that has met the requirements established under this | ||||||
| 24 | Act to operate a salon, shop, suite, fixed place of business, | ||||||
| 25 | or other registered location, and any mobile shop or salon if | ||||||
| 26 | authorized by rule, for the performance of cirrology services | ||||||
| |||||||
| |||||||
| 1 | for compensation. | ||||||
| 2 | A registered cirrology shop may: | ||||||
| 3 | (1) provide cirrology services through persons | ||||||
| 4 | lawfully credentialed under this Act or otherwise | ||||||
| 5 | authorized by law; | ||||||
| 6 | (2) employ, contract with, or host licensed | ||||||
| 7 | practitioners consistent with this Act; | ||||||
| 8 | (3) maintain a place of business for consumer | ||||||
| 9 | services, consultation, and related retail or educational | ||||||
| 10 | functions permitted by law; and | ||||||
| 11 | (4) apply for approval as an approved partner employer | ||||||
| 12 | if it meets the apprenticeship training, supervision, | ||||||
| 13 | recordkeeping, and compliance requirements established | ||||||
| 14 | under this Act. | ||||||
| 15 | A person or entity may not operate a cirrology salon or | ||||||
| 16 | shop without a certificate of registration issued by the | ||||||
| 17 | Department as a registered cirrology shop. | ||||||
| 18 | (g) Approved apprenticeship partner. The Department shall | ||||||
| 19 | approve an institution, program, or organization as an | ||||||
| 20 | approved apprenticeship partner to collaborate in hosting, | ||||||
| 21 | supporting, coordinating, or providing related instruction, | ||||||
| 22 | pre-apprenticeship services, supportive services, educational | ||||||
| 23 | coordination, or other approved apprenticeship-related | ||||||
| 24 | functions for a cirrology apprenticeship program. | ||||||
| 25 | An approved apprenticeship partner may include, but is not | ||||||
| 26 | limited to: | ||||||
| |||||||
| |||||||
| 1 | (1) a community college; | ||||||
| 2 | (2) a high school; | ||||||
| 3 | (3) a career and technical education program; | ||||||
| 4 | (4) a licensed cirrology school; | ||||||
| 5 | (5) a nonprofit training provider; | ||||||
| 6 | (6) a workforce training organization; or | ||||||
| 7 | (7) another approved educational or community-based | ||||||
| 8 | partner. | ||||||
| 9 | An approved apprenticeship partner may: | ||||||
| 10 | (1) provide or coordinate related instruction; | ||||||
| 11 | (2) host or support a pre-apprenticeship program; | ||||||
| 12 | (3) provide student, apprentice, or trainee support | ||||||
| 13 | services; | ||||||
| 14 | (4) coordinate scheduling, records, evaluations, | ||||||
| 15 | mentoring, and program progression as authorized by rule; | ||||||
| 16 | (5) enter into collaboration agreements with approved | ||||||
| 17 | partner employers, licensed cirrology schools, public | ||||||
| 18 | institutions, or community-based partners; and | ||||||
| 19 | (6) perform other apprenticeship support functions | ||||||
| 20 | authorized by this Act. | ||||||
| 21 | Approval as an approved apprenticeship partner does not by | ||||||
| 22 | itself authorize independent practice of cirrology or | ||||||
| 23 | operation of a registered cirrology shop unless otherwise | ||||||
| 24 | credentialed under this Act. | ||||||
| 25 | (h) Approved partner employer. The Department shall | ||||||
| 26 | approve a person, business, organization, or work site as an | ||||||
| |||||||
| |||||||
| 1 | approved partner employer to employ and provide paid | ||||||
| 2 | on-the-job training to an apprentice enrolled in a cirrology | ||||||
| 3 | apprenticeship program under the supervision required by this | ||||||
| 4 | Act. | ||||||
| 5 | An approved partner employer may include, but is not | ||||||
| 6 | limited to: | ||||||
| 7 | (1) a registered cirrology shop; | ||||||
| 8 | (2) a licensed cirrology school operating an approved | ||||||
| 9 | training site as permitted by this Act; | ||||||
| 10 | (3) a beauty retail, wellness, educational, | ||||||
| 11 | production, media, community-based, or other | ||||||
| 12 | Department-approved work site capable of providing | ||||||
| 13 | supervised training within the lawful scope of practice | ||||||
| 14 | established by this Act; or | ||||||
| 15 | (4) another work site approved by the Department upon | ||||||
| 16 | recommendation of the Board. | ||||||
| 17 | An approved partner employer may: | ||||||
| 18 | (1) employ apprentices; | ||||||
| 19 | (2) provide paid work-based learning and supervised | ||||||
| 20 | practical training; | ||||||
| 21 | (3) enter into agreements with approved apprenticeship | ||||||
| 22 | partners, licensed cirrology schools, or other approved | ||||||
| 23 | entities; | ||||||
| 24 | (4) evaluate and document apprentice performance in | ||||||
| 25 | the manner required by this Act; and | ||||||
| 26 | (5) participate in a cirrology apprenticeship program | ||||||
| |||||||
| |||||||
| 1 | in accordance with this Act and rules. | ||||||
| 2 | Approval as an approved partner employer does not by | ||||||
| 3 | itself authorize the employer to practice cirrology unless the | ||||||
| 4 | employer or the individuals providing services are otherwise | ||||||
| 5 | licensed or authorized under this Act. | ||||||
| 6 | (i) Cirrology apprenticeship program. The Department shall | ||||||
| 7 | recognize and regulate a cirrology apprenticeship program as a | ||||||
| 8 | paid, structured, supervised training pathway approved under | ||||||
| 9 | this Act through which an enrolled apprentice receives | ||||||
| 10 | compensated on-the-job learning, related instruction, | ||||||
| 11 | evaluation, and competency development toward licensure as a | ||||||
| 12 | cirrologist. | ||||||
| 13 | A cirrology apprenticeship program shall: | ||||||
| 14 | (1) be carried out in collaboration with an approved | ||||||
| 15 | partner employer and, where applicable, an approved | ||||||
| 16 | apprenticeship partner; | ||||||
| 17 | (2) operate under the supervision required by this | ||||||
| 18 | Act; | ||||||
| 19 | (3) comply with Department standards for hours, | ||||||
| 20 | competency, related instruction, wages, records, and | ||||||
| 21 | consumer protection; and | ||||||
| 22 | (4) serve as a lawful pathway toward licensure under | ||||||
| 23 | this Act. | ||||||
| 24 | Recognition of a cirrology apprenticeship program under | ||||||
| 25 | this subsection creates an approved pathway to licensure but | ||||||
| 26 | does not itself constitute a separate professional license for | ||||||
| |||||||
| |||||||
| 1 | independent practice. | ||||||
| 2 | (j) Pre-apprenticeship program. The Department may | ||||||
| 3 | recognize a pre-apprenticeship program as a preparatory | ||||||
| 4 | training program approved or recognized under this Act that | ||||||
| 5 | provides foundational instruction, career exposure, | ||||||
| 6 | work-readiness training, supportive services, or other related | ||||||
| 7 | preparation for entry into a cirrology apprenticeship program. | ||||||
| 8 | A pre-apprenticeship program may be offered or coordinated | ||||||
| 9 | by an approved apprenticeship partner, licensed cirrology | ||||||
| 10 | school, community college, high school, workforce training | ||||||
| 11 | organization, nonprofit provider, or other entity approved or | ||||||
| 12 | recognized by the Department. | ||||||
| 13 | Participation in a pre-apprenticeship program: | ||||||
| 14 | (1) does not authorize independent practice under this | ||||||
| 15 | Act; | ||||||
| 16 | (2) does not by itself constitute licensure or | ||||||
| 17 | registration; and | ||||||
| 18 | (3) may qualify a participant for advanced standing, | ||||||
| 19 | preferred entry, or related credit toward apprenticeship | ||||||
| 20 | or education requirements only to the extent permitted by | ||||||
| 21 | this Act or by rule. | ||||||
| 22 | (k) Separate credential required. Each category created | ||||||
| 23 | under this Act is separate and distinct. Holding one | ||||||
| 24 | credential under this Act does not automatically authorize a | ||||||
| 25 | person or entity to act under another category unless | ||||||
| 26 | expressly provided by this Act. | ||||||
| |||||||
| |||||||
| 1 | Without limitation: | ||||||
| 2 | (1) licensure as a cirrologist does not automatically | ||||||
| 3 | authorize a person to act as a licensed cirrology teacher, | ||||||
| 4 | licensed cirrology school, approved continuing education | ||||||
| 5 | sponsor, approved apprenticeship partner, approved partner | ||||||
| 6 | employer, or registered cirrology shop; | ||||||
| 7 | (2) registration as a registered cirrology shop does | ||||||
| 8 | not automatically authorize participation as an approved | ||||||
| 9 | partner employer; | ||||||
| 10 | (3) approval as an approved apprenticeship partner | ||||||
| 11 | does not automatically authorize operation of a school or | ||||||
| 12 | shop; and | ||||||
| 13 | (4) approval as an approved continuing education | ||||||
| 14 | sponsor does not automatically authorize operation of a | ||||||
| 15 | licensed school or apprenticeship program. | ||||||
| 16 | (l) Department authority. The Department may issue, renew, | ||||||
| 17 | deny, refuse to renew, suspend, revoke, place on probation, | ||||||
| 18 | restrict, or otherwise discipline any license, registration, | ||||||
| 19 | approval, or program recognition created under this Act in | ||||||
| 20 | accordance with this Act and rules adopted under this Act. | ||||||
| 21 | (m) Board recommendation. For all credential categories | ||||||
| 22 | specific to cirrology, the Department shall act in | ||||||
| 23 | consultation with, and where required by this Act shall first | ||||||
| 24 | obtain the recommendation of, the Board concerning standards, | ||||||
| 25 | qualifications, curriculum, training, supervision, approval | ||||||
| 26 | criteria, and other matters necessary to implement this | ||||||
| |||||||
| |||||||
| 1 | Section. | ||||||
| 2 | (n) Rulemaking. The Department may adopt rules necessary | ||||||
| 3 | to administer the categories of licensure, registration, | ||||||
| 4 | approval, and program recognition created under this Section, | ||||||
| 5 | including rules concerning applications, renewals, | ||||||
| 6 | documentation, recordkeeping, compliance, discipline, display | ||||||
| 7 | of credentials, consumer notice, and operational standards, | ||||||
| 8 | consistent with this Act. | ||||||
| 9 | Section 7. Qualifications for licensed cirrologist. | ||||||
| 10 | (a) License required. No person may practice cirrology for | ||||||
| 11 | compensation in this State or hold himself or herself out as a | ||||||
| 12 | licensed cirrologist unless licensed by the Department under | ||||||
| 13 | this Act, except as otherwise expressly provided by this Act. | ||||||
| 14 | (b) Primary pathway to licensure. The primary pathway to | ||||||
| 15 | licensure as a licensed cirrologist shall be successful | ||||||
| 16 | completion of a licensed cirrology school program consisting | ||||||
| 17 | of not less than 600 clock hours of instruction and supervised | ||||||
| 18 | practical training in the required areas of study established | ||||||
| 19 | under this Act. | ||||||
| 20 | The school pathway established in this subsection shall be | ||||||
| 21 | the standard pathway for all new applicants unless the | ||||||
| 22 | applicant qualifies under a secondary pathway established in | ||||||
| 23 | this Section. | ||||||
| 24 | (c) Minimum qualifications. An applicant for licensure as | ||||||
| 25 | a licensed cirrologist shall: | ||||||
| |||||||
| |||||||
| 1 | (1) submit a completed application on forms prescribed | ||||||
| 2 | by the Department; | ||||||
| 3 | (2) pay the required application or licensure fee; | ||||||
| 4 | (3) meet the minimum age, identity, and general | ||||||
| 5 | eligibility requirements established by this Act or by | ||||||
| 6 | rule; | ||||||
| 7 | (4) demonstrate fitness for licensure in accordance | ||||||
| 8 | with applicable Illinois law; and | ||||||
| 9 | (5) satisfy one of the licensure pathways provided in | ||||||
| 10 | this Section. | ||||||
| 11 | (d) Required areas of study. The 600-hour cirrology | ||||||
| 12 | program required under subsection (b) shall include | ||||||
| 13 | instruction designed to prepare the applicant for safe, | ||||||
| 14 | ethical, and competent practice in the care of textured hair | ||||||
| 15 | by nonchemical methods. The required course of study shall | ||||||
| 16 | include, at a minimum, the following subject areas: | ||||||
| 17 | (1) heritage studies of textured hair, including the | ||||||
| 18 | cultural history and evolution of textured hair practices | ||||||
| 19 | and hair braiding traditions; | ||||||
| 20 | (2) industry terms, definitions, and career pathways | ||||||
| 21 | within cirrology; | ||||||
| 22 | (3) the science of textured hair and scalp health; | ||||||
| 23 | (4) anatomy and physiology related to hair growth, | ||||||
| 24 | scalp health, and skin function; | ||||||
| 25 | (5) disinfection, sanitation, infection control, and | ||||||
| 26 | public health; | ||||||
| |||||||
| |||||||
| 1 | (6) bacteriology and common scalp-related concerns | ||||||
| 2 | relevant to safe practice; | ||||||
| 3 | (7) disorders and diseases of the hair and scalp | ||||||
| 4 | requiring recognition or referral; | ||||||
| 5 | (8) Occupational Safety and Health Administration | ||||||
| 6 | standards and material safety requirements relevant to | ||||||
| 7 | professional practice; | ||||||
| 8 | (9) tools, implements, and equipment used in | ||||||
| 9 | cirrology; | ||||||
| 10 | (10) nontoxic product knowledge and nonchemical | ||||||
| 11 | treatment applications; | ||||||
| 12 | (11) herbal hair and scalp treatments; | ||||||
| 13 | (12) client consultation, assessment, design | ||||||
| 14 | principles, and service planning; | ||||||
| 15 | (13) textured hair cleansing, conditioning, | ||||||
| 16 | management, and maintenance; | ||||||
| 17 | (14) braid removal techniques and scalp care; | ||||||
| 18 | (15) style preparation, parting systems, pattern | ||||||
| 19 | design, and sectioning; | ||||||
| 20 | (16) client health education, including pre-care, | ||||||
| 21 | post-care, home-care, and follow-up services; | ||||||
| 22 | (17) natural styling methods, including dusting, | ||||||
| 23 | shaping, and defining; | ||||||
| 24 | (18) hair braiding; | ||||||
| 25 | (19) hair locking and loc maintenance; | ||||||
| 26 | (20) hair extension application procedures; | ||||||
| |||||||
| |||||||
| 1 | (21) cornrows with and without extensions; | ||||||
| 2 | (22) variations of twists, knots, weaving, and sewn-in | ||||||
| 3 | methods; | ||||||
| 4 | (23) additional procedures related to textured hair | ||||||
| 5 | care services within the scope of this Act; | ||||||
| 6 | (24) product knowledge related to natural styling, | ||||||
| 7 | textured hair styling, and hair braiding; | ||||||
| 8 | (25) salon and practice management; | ||||||
| 9 | (26) marketing, branding, merchandising, client | ||||||
| 10 | retention, and professional development; and | ||||||
| 11 | (27) this Act and applicable rules and laws governing | ||||||
| 12 | practice. | ||||||
| 13 | (e) Apprenticeship pathway. An applicant may qualify for | ||||||
| 14 | licensure as a licensed cirrologist through completion of a | ||||||
| 15 | cirrology apprenticeship program approved under this Act. The | ||||||
| 16 | apprenticeship pathway shall remain available as a secondary | ||||||
| 17 | pathway intended to expand access to licensure and reduce | ||||||
| 18 | barriers to entry for underserved communities. | ||||||
| 19 | An applicant under this subsection shall: | ||||||
| 20 | (1) complete a cirrology apprenticeship program | ||||||
| 21 | approved under this Act; | ||||||
| 22 | (2) complete the required supervised paid on-the-job | ||||||
| 23 | training hours established under this Act; | ||||||
| 24 | (3) complete the required related instruction | ||||||
| 25 | established under this Act; | ||||||
| 26 | (4) satisfy the supervision, recordkeeping, | ||||||
| |||||||
| |||||||
| 1 | evaluation, and competency requirements established by | ||||||
| 2 | this Act and by rule; and | ||||||
| 3 | (5) pass any examination required under this Act. | ||||||
| 4 | Nothing in this subsection shall be construed to diminish | ||||||
| 5 | the school pathway as the primary pathway to licensure. | ||||||
| 6 | (f) Automatic transitional pathway for current hair | ||||||
| 7 | braider licensees. During the 18-month transition period | ||||||
| 8 | established under this Act, any person holding an active | ||||||
| 9 | Illinois hair braider license in good standing shall be | ||||||
| 10 | eligible for automatic transition into the corresponding | ||||||
| 11 | cirrology licensure category for renewal purposes. | ||||||
| 12 | The Department shall allow the license holder to renew | ||||||
| 13 | under the designated cirrology category without requiring | ||||||
| 14 | completion of the full 600-hour cirrology school program at | ||||||
| 15 | the time of transition, subject only to any limited | ||||||
| 16 | sanitation, public health, legal, or administrative transition | ||||||
| 17 | requirement established by rule. | ||||||
| 18 | All hair braider license expiration and renewal dates of | ||||||
| 19 | October 31 of even-numbered years shall automatically apply to | ||||||
| 20 | the corresponding cirrology license category during the | ||||||
| 21 | transition period and until superseded by law or rule adopted | ||||||
| 22 | under this Act. | ||||||
| 23 | (g) Examination. Applicants for licensure as a licensed | ||||||
| 24 | cirrologist shall pass any written, practical, or other | ||||||
| 25 | examination required under this Act. Any examination required | ||||||
| 26 | under this Act shall measure competency in technical | ||||||
| |||||||
| |||||||
| 1 | knowledge, practical skills, sanitation, client safety, and | ||||||
| 2 | public protection. | ||||||
| 3 | The Department, upon recommendation of the Board, may | ||||||
| 4 | provide limited examination alternatives, waivers, or | ||||||
| 5 | transition-specific examination requirements for applicants | ||||||
| 6 | qualifying under subsection (e) or (f), consistent with the | ||||||
| 7 | purpose of this Act. | ||||||
| 8 | (h) Issuance of license. The Department shall issue a | ||||||
| 9 | license as a licensed cirrologist to any applicant who meets | ||||||
| 10 | the requirements of this Section and any other applicable | ||||||
| 11 | requirements of this Act. | ||||||
| 12 | (i) Scope of license. Licensure as a licensed cirrologist | ||||||
| 13 | authorizes the holder to practice cirrology within the scope | ||||||
| 14 | established by Section 4 of this Act. A license issued under | ||||||
| 15 | this Section does not, by itself, authorize the holder to act | ||||||
| 16 | as a licensed cirrology teacher, operate a licensed cirrology | ||||||
| 17 | school, operate a registered cirrology shop, function as an | ||||||
| 18 | approved apprenticeship partner, function as an approved | ||||||
| 19 | partner employer, or act as an approved continuing education | ||||||
| 20 | sponsor unless separately licensed, approved, or registered | ||||||
| 21 | under this Act. | ||||||
| 22 | (i-5) Renewal; continuing education. A licensed | ||||||
| 23 | cirrologist shall renew the license in the manner prescribed | ||||||
| 24 | by the Department. As a condition of renewal, a licensed | ||||||
| 25 | cirrologist shall complete 8 hours of continuing education | ||||||
| 26 | every 2 years. The required hours shall include subjects | ||||||
| |||||||
| |||||||
| 1 | related to safety, sanitation, ethics, innovation, client | ||||||
| 2 | care, public protection, or other subjects approved by the | ||||||
| 3 | Department upon recommendation of the Board. | ||||||
| 4 | (j) Rulemaking authority. The Department may adopt rules | ||||||
| 5 | necessary to implement this Section, including rules | ||||||
| 6 | concerning application procedures, documentation, | ||||||
| 7 | examinations, grandfathering, temporary licensure, transition | ||||||
| 8 | requirements, proof of experience, and related administrative | ||||||
| 9 | standards, upon recommendation of the Board where required | ||||||
| 10 | under this Act. | ||||||
| 11 | Section 7.1. Cirrology apprenticeship program; purpose. | ||||||
| 12 | The cirrology apprenticeship program is established to expand | ||||||
| 13 | access to licensure, paid training, entrepreneurship, and | ||||||
| 14 | career pathways in textured hair care through work-based | ||||||
| 15 | learning that protects public health and consumer safety while | ||||||
| 16 | reducing unnecessary barriers to entry. | ||||||
| 17 | Section 7.2. Three-way apprenticeship model. A cirrology | ||||||
| 18 | apprenticeship program shall operate through a 3-way | ||||||
| 19 | partnership among: | ||||||
| 20 | (1) an approved apprenticeship partner that provides | ||||||
| 21 | related instruction, educational support, or | ||||||
| 22 | pre-apprenticeship preparation; | ||||||
| 23 | (2) an approved partner employer that provides paid | ||||||
| 24 | on-the-job training and workplace experience; and | ||||||
| |||||||
| |||||||
| 1 | (3) a supervising licensed cirrologist or licensed | ||||||
| 2 | cirrology teacher responsible for oversight of practical | ||||||
| 3 | training and competency development. | ||||||
| 4 | Section 7.3. Approved apprenticeship partner. | ||||||
| 5 | (a) The Department may approve as an approved partner: | ||||||
| 6 | (1) a community college; | ||||||
| 7 | (2) a high school or career and technical education | ||||||
| 8 | program; | ||||||
| 9 | (3) a licensed cirrology school; | ||||||
| 10 | (4) a nonprofit or community-based workforce training | ||||||
| 11 | provider; | ||||||
| 12 | (5) a public workforce system partner; or | ||||||
| 13 | (6) another institution capable of delivering related | ||||||
| 14 | instruction, pre-apprenticeship training, supportive | ||||||
| 15 | services, or educational coordination under this Act. | ||||||
| 16 | (b) An approved apprenticeship partner may: | ||||||
| 17 | (1) provide related instruction; | ||||||
| 18 | (2) provide pre-apprenticeship training; | ||||||
| 19 | (3) deliver career-readiness, business, or | ||||||
| 20 | entrepreneurship content; | ||||||
| 21 | (4) assist with supportive services, mentoring, | ||||||
| 22 | transportation, and retention; | ||||||
| 23 | (5) coordinate credit, articulation, or stackable | ||||||
| 24 | credentials where authorized by law; and | ||||||
| 25 | (6) enter into agreements with licensed cirrology | ||||||
| |||||||
| |||||||
| 1 | schools, community colleges, high schools, and approved | ||||||
| 2 | partner employers. | ||||||
| 3 | Section 7.4. Approved partner employers. | ||||||
| 4 | (a) The Department may approve an approved partner | ||||||
| 5 | employer that demonstrates the ability to provide paid, | ||||||
| 6 | supervised, competency-based training within the scope of | ||||||
| 7 | practice authorized by this Act. | ||||||
| 8 | (b) An approved partner employer may include: | ||||||
| 9 | (1) a registered cirrology shop; | ||||||
| 10 | (2) a licensed cirrology school operating a | ||||||
| 11 | student-training site; | ||||||
| 12 | (3) a beauty retail, education, media, wellness, or | ||||||
| 13 | product-demonstration setting approved by the Department | ||||||
| 14 | upon recommendation of the Board; | ||||||
| 15 | (4) a community-based enterprise or social enterprise | ||||||
| 16 | offering textured hair services within the lawful scope of | ||||||
| 17 | this Act; or | ||||||
| 18 | (5) another approved work site capable of providing | ||||||
| 19 | lawful supervised training and consumer-safe service | ||||||
| 20 | exposure. | ||||||
| 21 | (c) An approved partner employer may not provide | ||||||
| 22 | apprenticeship training unless: | ||||||
| 23 | (1) it is in good standing with all required | ||||||
| 24 | registrations or licenses; | ||||||
| 25 | (2) it maintains sanitation, health, and safety | ||||||
| |||||||
| |||||||
| 1 | compliance; | ||||||
| 2 | (3) it designates a supervising licensed cirrologist | ||||||
| 3 | or licensed cirrology teacher; | ||||||
| 4 | (4) it maintains training records, evaluations, and | ||||||
| 5 | wage documentation; and | ||||||
| 6 | (5) it enters into a written apprenticeship agreement | ||||||
| 7 | required under this Act. | ||||||
| 8 | Section 7.5. Compensation. | ||||||
| 9 | (a) An individual participating in a cirrology | ||||||
| 10 | apprenticeship program shall receive compensation for work | ||||||
| 11 | performed. | ||||||
| 12 | (b) An apprentice may not be classified as an unpaid | ||||||
| 13 | intern for hours worked in the apprenticeship program. | ||||||
| 14 | (c) Compensation shall comply with applicable State and | ||||||
| 15 | federal wage and labor laws. | ||||||
| 16 | (d) Nothing in this Act shall prohibit wages paid through | ||||||
| 17 | employer funds, workforce-development grants, public training | ||||||
| 18 | support, or other lawful funding arrangements. | ||||||
| 19 | Section 7.6. Apprenticeship requirements. | ||||||
| 20 | (a) The apprenticeship pathway for licensure as a | ||||||
| 21 | cirrologist shall consist of: | ||||||
| 22 | (1) not less than 1,200 hours of supervised paid | ||||||
| 23 | practical training; and | ||||||
| 24 | (2) not less than 150 hours of related instruction in | ||||||
| |||||||
| |||||||
| 1 | sanitation, safety, textured hair science, law, ethics, | ||||||
| 2 | client care, and professional practice; unless otherwise | ||||||
| 3 | adjusted by rule upon recommendation of the Board. | ||||||
| 4 | (b) Related instruction may be provided by an approved | ||||||
| 5 | partner, a licensed cirrology school, or another provider | ||||||
| 6 | approved by the Department. | ||||||
| 7 | (c) Apprenticeship training shall be structured as a | ||||||
| 8 | one-year program unless otherwise extended or modified by rule | ||||||
| 9 | for cause, interruption, disability accommodation, or | ||||||
| 10 | part-time participation. | ||||||
| 11 | (d) The Department, upon recommendation of the Board, may | ||||||
| 12 | allow competency-based progression, partial credit for prior | ||||||
| 13 | learning, and stackable credential models, provided that | ||||||
| 14 | consumer protection, sanitation, and public safety are not | ||||||
| 15 | reduced. | ||||||
| 16 | Section 7.7. Supervision and agreements. | ||||||
| 17 | (a) Every apprentice shall work under the direct | ||||||
| 18 | supervision required by rule of a licensed cirrologist or | ||||||
| 19 | licensed cirrology teacher. | ||||||
| 20 | (b) During the transition period, a licensed hair braider | ||||||
| 21 | in good standing may serve as supervising licensee if | ||||||
| 22 | authorized by rule and if the person completes any required | ||||||
| 23 | transition module. | ||||||
| 24 | (c) A supervising licensee may supervise no more than one | ||||||
| 25 | apprentice at a time unless otherwise authorized by rule upon | ||||||
| |||||||
| |||||||
| 1 | recommendation of the Board. | ||||||
| 2 | (d) Each apprenticeship shall be governed by a written | ||||||
| 3 | agreement executed by: | ||||||
| 4 | (1) the apprentice; | ||||||
| 5 | (2) the approved apprenticeship partner, if | ||||||
| 6 | applicable; | ||||||
| 7 | (3) the approved partner employer; | ||||||
| 8 | (4) the supervising licensee; and | ||||||
| 9 | (5) the licensed cirrology school or related | ||||||
| 10 | instruction provider, if applicable. | ||||||
| 11 | (e) The agreement shall specify: | ||||||
| 12 | (1) the duration of the apprenticeship; | ||||||
| 13 | (2) compensation terms; | ||||||
| 14 | (3) required competencies; | ||||||
| 15 | (4) related instruction obligations; | ||||||
| 16 | (5) supervision standards; | ||||||
| 17 | (6) evaluation procedures; | ||||||
| 18 | (7) attendance and recordkeeping requirements; and | ||||||
| 19 | (8) conditions for completion, discipline, transfer, | ||||||
| 20 | or termination. | ||||||
| 21 | Section 7.8. Workforce and education collaboration. | ||||||
| 22 | (a) The Department, in consultation with the Board of | ||||||
| 23 | Cirrology, may collaborate with the Illinois Small Business | ||||||
| 24 | Development Centers, the Department of Commerce and Economic | ||||||
| 25 | Opportunity, and other workforce and entrepreneurship programs | ||||||
| |||||||
| |||||||
| 1 | to provide business training, financial literacy, and | ||||||
| 2 | technical assistance to cirrology licensees seeking to | ||||||
| 3 | establish or expand small businesses. | ||||||
| 4 | (b) To the extent permitted by law, the Department may | ||||||
| 5 | collaborate with: | ||||||
| 6 | (1) local workforce innovation boards; | ||||||
| 7 | (2) Illinois WorkNet Centers; | ||||||
| 8 | (3) the Department of Commerce and Economic | ||||||
| 9 | Opportunity; | ||||||
| 10 | (4) the Department of Employment Security; | ||||||
| 11 | (5) the Department of Labor; | ||||||
| 12 | (6) community colleges; | ||||||
| 13 | (7) high schools and career and technical education | ||||||
| 14 | programs; and | ||||||
| 15 | (8) nonprofit, community-based, and | ||||||
| 16 | entrepreneurship-support organizations. | ||||||
| 17 | (c) Such collaboration may include: | ||||||
| 18 | (1) workforce training grants; | ||||||
| 19 | (2) apprenticeship funding; | ||||||
| 20 | (3) supportive services for trainees; | ||||||
| 21 | (4) articulation agreements and stackable credentials; | ||||||
| 22 | (5) continuing education and instructor training; | ||||||
| 23 | (6) business development and entrepreneurship | ||||||
| 24 | education; | ||||||
| 25 | (7) minority entrepreneurship and small-business | ||||||
| 26 | development initiatives; and | ||||||
| |||||||
| |||||||
| 1 | (8) employment placement and career pathway support. | ||||||
| 2 | (d) Participation by a high school or pre-apprenticeship | ||||||
| 3 | student does not authorize independent practice of cirrology | ||||||
| 4 | except as otherwise permitted under this Act. | ||||||
| 5 | Section 8. Qualifications for licensed cirrology teacher. | ||||||
| 6 | (a) License required. No person may teach cirrology theory | ||||||
| 7 | or practice, supervise cirrology students in a licensed school | ||||||
| 8 | program, or hold himself or herself out as a licensed | ||||||
| 9 | cirrology teacher unless licensed by the Department under this | ||||||
| 10 | Act, except as otherwise expressly provided by this Act. | ||||||
| 11 | (b) Primary pathway to licensure. The primary pathway to | ||||||
| 12 | licensure as a licensed cirrology teacher shall be successful | ||||||
| 13 | completion of an approved cirrology teacher-training program. | ||||||
| 14 | The teacher-training pathway shall be the standard pathway for | ||||||
| 15 | all new applicants unless the applicant qualifies under a | ||||||
| 16 | secondary or transitional pathway established in this Section. | ||||||
| 17 | (c) Minimum qualifications. An applicant for licensure as | ||||||
| 18 | a licensed cirrology teacher shall: | ||||||
| 19 | (1) complete not less than 600 clock hours of teacher | ||||||
| 20 | training, or 500 clock hours if the applicant documents at | ||||||
| 21 | least 2 years of practical experience in the field, as | ||||||
| 22 | provided under the standards of this Act; | ||||||
| 23 | (2) complete the required areas of study established | ||||||
| 24 | for instructor preparation under this Act; | ||||||
| 25 | (3) receive official proof of completion in the form | ||||||
| |||||||
| |||||||
| 1 | required by the Department; and | ||||||
| 2 | (4) pass any examination or competency evaluation | ||||||
| 3 | required under this Act. | ||||||
| 4 | (d) Required areas of study for teacher training. A | ||||||
| 5 | teacher-training program under this Act shall prepare the | ||||||
| 6 | applicant to safely, ethically, and competently instruct | ||||||
| 7 | students and trainees in the theory and practice of cirrology. | ||||||
| 8 | The required course of study shall include, at a minimum, the | ||||||
| 9 | following subject areas: | ||||||
| 10 | (1) teaching methods, educational psychology, and | ||||||
| 11 | instructional planning; | ||||||
| 12 | (2) lesson planning, curriculum development, and | ||||||
| 13 | course organization; | ||||||
| 14 | (3) classroom management and student engagement; | ||||||
| 15 | (4) supervision of practical instruction, clinic | ||||||
| 16 | instruction, and demonstration methods; | ||||||
| 17 | (5) evaluation, grading, competency verification, and | ||||||
| 18 | student progress tracking; | ||||||
| 19 | (6) sanitation, disinfection, infection control, | ||||||
| 20 | public health, and safety instruction; | ||||||
| 21 | (7) this Act and applicable rules governing | ||||||
| 22 | instruction, schools, and professional practice; | ||||||
| 23 | (8) recordkeeping, attendance, transcript standards, | ||||||
| 24 | and educational documentation; | ||||||
| 25 | (9) culturally responsive instruction and | ||||||
| 26 | communication in textured hair education; | ||||||
| |||||||
| |||||||
| 1 | (10) observation and supervised practice teaching; | ||||||
| 2 | (11) professionalism, educator ethics, and student | ||||||
| 3 | protection; and | ||||||
| 4 | (12) any additional teacher preparation subjects | ||||||
| 5 | required under this Act or by rule. | ||||||
| 6 | (e) Examination or competency evaluation. Applicants for | ||||||
| 7 | licensure as a licensed cirrology teacher shall pass any | ||||||
| 8 | written, oral, practical, performance-based, or other | ||||||
| 9 | examination or competency evaluation required under this Act. | ||||||
| 10 | Any such examination or evaluation shall measure | ||||||
| 11 | instructional competency, subject matter knowledge, sanitation | ||||||
| 12 | and safety teaching ability, student supervision, and educator | ||||||
| 13 | professionalism. | ||||||
| 14 | The Department, upon recommendation of the Board, may | ||||||
| 15 | provide limited examination alternatives, waivers, or | ||||||
| 16 | transition-specific evaluation requirements for applicants, | ||||||
| 17 | consistent with the purpose of this Act. | ||||||
| 18 | (f) Issuance of license. The Department shall issue a | ||||||
| 19 | license as a licensed cirrology teacher to any applicant who | ||||||
| 20 | meets the requirements of this Section and any other | ||||||
| 21 | applicable requirements of this Act. | ||||||
| 22 | (g) Scope of license. Licensure as a licensed cirrology | ||||||
| 23 | teacher authorizes the holder to teach cirrology theory and | ||||||
| 24 | practice, supervise students in approved school settings, | ||||||
| 25 | provide instruction in approved educational programs, and | ||||||
| 26 | perform other instructional functions authorized under this | ||||||
| |||||||
| |||||||
| 1 | Act. A license issued under this Section does not, by itself, | ||||||
| 2 | authorize the holder to operate a licensed cirrology school, | ||||||
| 3 | operate a registered cirrology shop, function as an approved | ||||||
| 4 | apprenticeship partner, function as an approved partner | ||||||
| 5 | employer, or act as an approved continuing education sponsor | ||||||
| 6 | unless separately licensed, approved, or registered under this | ||||||
| 7 | Act. | ||||||
| 8 | (h) Renewal; continuing education. A licensed cirrology | ||||||
| 9 | teacher shall renew the license in the manner prescribed by | ||||||
| 10 | the Department. As a condition of renewal, a licensed | ||||||
| 11 | cirrology teacher shall complete 10 hours of continuing | ||||||
| 12 | education every 2 years. The required hours shall include | ||||||
| 13 | safety, new techniques, educational standards, professional | ||||||
| 14 | ethics, sanitation, and other subjects approved by the | ||||||
| 15 | Department upon recommendation of the Board. | ||||||
| 16 | (i) Rulemaking authority. The Department may adopt rules | ||||||
| 17 | necessary to implement this Section, including rules | ||||||
| 18 | concerning application procedures, required teaching | ||||||
| 19 | experience, teacher-training standards, examinations, | ||||||
| 20 | grandfathering, transition requirements, proof of | ||||||
| 21 | instructional experience, renewal, and related administrative | ||||||
| 22 | standards, upon recommendation of the Board as required under | ||||||
| 23 | this Act. | ||||||
| 24 | Section 9. Qualifications for licensed cirrology school. | ||||||
| 25 | (a) School license required. No person, school, | ||||||
| |||||||
| |||||||
| 1 | institution, business, or other entity may advertise, operate, | ||||||
| 2 | or hold itself out as a licensed cirrology school unless | ||||||
| 3 | licensed by the Department under this Act. | ||||||
| 4 | (b) Purpose. A licensed cirrology school shall provide the | ||||||
| 5 | primary educational pathway for licensure under this Act and | ||||||
| 6 | shall deliver the required 600-hour cirrology program and | ||||||
| 7 | 600-hour teacher program, together with any other instruction | ||||||
| 8 | approved under this Act, in a manner that protects students, | ||||||
| 9 | supports public health, and prepares graduates for safe, | ||||||
| 10 | ethical, and competent practice. | ||||||
| 11 | (c) Qualifications for licensure. An applicant for | ||||||
| 12 | licensure as a licensed cirrology school shall: | ||||||
| 13 | (1) submit a completed application on forms prescribed | ||||||
| 14 | by the Department; | ||||||
| 15 | (2) pay the required application or licensure fee; | ||||||
| 16 | (3) identify the legal name and ownership of the | ||||||
| 17 | school; | ||||||
| 18 | (4) identify the physical location of the school and | ||||||
| 19 | any additional instructional sites; | ||||||
| 20 | (5) demonstrate that the school has adequate | ||||||
| 21 | classrooms, practical training space, equipment, | ||||||
| 22 | sanitation facilities, and instructional resources to | ||||||
| 23 | deliver the approved course of study; | ||||||
| 24 | (6) demonstrate that the school will employ or | ||||||
| 25 | contract with licensed cirrology teachers in sufficient | ||||||
| 26 | number to provide proper instruction and supervision; | ||||||
| |||||||
| |||||||
| 1 | (7) submit the proposed cirrology curriculum, course | ||||||
| 2 | structure, and instructional schedule for approval; | ||||||
| 3 | (8) submit enrollment, attendance, grading, | ||||||
| 4 | completion, transcript, refund, and recordkeeping policies | ||||||
| 5 | in the form required by the Department; | ||||||
| 6 | (9) demonstrate the ability to comply with all health, | ||||||
| 7 | sanitation, safety, public protection, and educational | ||||||
| 8 | requirements established under this Act and by rule; and | ||||||
| 9 | (10) satisfy any other reasonable requirements | ||||||
| 10 | established by this Act or by rule. | ||||||
| 11 | (d) Approved course of instruction. A licensed cirrology | ||||||
| 12 | school shall provide a State-approved course of instruction | ||||||
| 13 | consisting of not less than 600 clock hours of instruction and | ||||||
| 14 | supervised practical training in the required areas of study | ||||||
| 15 | established under this Act. | ||||||
| 16 | The school shall teach the required cirrology curriculum | ||||||
| 17 | in a manner that includes theory, demonstration, supervised | ||||||
| 18 | practice, practical application, safety, sanitation, law, | ||||||
| 19 | business practices, and client-centered textured hair care | ||||||
| 20 | within the scope of this Act. | ||||||
| 21 | (e) Required school operations. A licensed cirrology | ||||||
| 22 | school shall: | ||||||
| 23 | (1) maintain an instructional environment that is | ||||||
| 24 | safe, sanitary, and suitable for professional education; | ||||||
| 25 | (2) provide classrooms, clinic or practical training | ||||||
| 26 | areas, equipment, supplies, and materials reasonably | ||||||
| |||||||
| |||||||
| 1 | necessary for instruction in cirrology; | ||||||
| 2 | (3) provide instruction only through persons | ||||||
| 3 | authorized under this Act to teach or supervise; | ||||||
| 4 | (4) maintain student records, attendance records, | ||||||
| 5 | progress records, practical training records, transcripts, | ||||||
| 6 | and proof of completion in the manner required by the | ||||||
| 7 | Department; | ||||||
| 8 | (5) maintain and disclose to students the school | ||||||
| 9 | calendar, course outline, grading standards, completion | ||||||
| 10 | requirements, attendance standards, and student policies; | ||||||
| 11 | (6) ensure that students receive the minimum required | ||||||
| 12 | instruction in the approved areas of study; | ||||||
| 13 | (7) supervise all practical and clinical instruction | ||||||
| 14 | in accordance with this Act and rules adopted under this | ||||||
| 15 | Act; | ||||||
| 16 | (8) maintain sanitation, infection control, and public | ||||||
| 17 | health practices appropriate to a professional cirrology | ||||||
| 18 | training environment; | ||||||
| 19 | (9) permit inspections by the Department in accordance | ||||||
| 20 | with this Act; and | ||||||
| 21 | (10) comply with all other requirements necessary to | ||||||
| 22 | protect students and the public. | ||||||
| 23 | (f) Enrollment and student disclosures. A licensed | ||||||
| 24 | cirrology school shall provide each student, before enrollment | ||||||
| 25 | or within the time required by rule, with a written enrollment | ||||||
| 26 | agreement or other approved disclosure document stating, at a | ||||||
| |||||||
| |||||||
| 1 | minimum: | ||||||
| 2 | (1) the name and address of the school; | ||||||
| 3 | (2) the title and length of the program; | ||||||
| 4 | (3) the total tuition, fees, and other charges; | ||||||
| 5 | (4) the refund policy; | ||||||
| 6 | (5) attendance, grading, and completion standards; | ||||||
| 7 | (6) the school's cancellation, withdrawal, and | ||||||
| 8 | termination policies; | ||||||
| 9 | (7) the conditions for graduation and issuance of | ||||||
| 10 | proof of completion; and | ||||||
| 11 | (8) any other disclosures required by the Department. | ||||||
| 12 | (g) Student instruction and practical training. A licensed | ||||||
| 13 | cirrology school may provide supervised practical instruction, | ||||||
| 14 | student clinic services, demonstrations, and other educational | ||||||
| 15 | activities consistent with this Act and rules adopted under | ||||||
| 16 | this Act. | ||||||
| 17 | Students may perform practical services only: | ||||||
| 18 | (1) as part of an approved course of instruction; | ||||||
| 19 | (2) under the supervision required by this Act; and | ||||||
| 20 | (3) in a manner consistent with public health, | ||||||
| 21 | consumer protection, and the educational purpose of the | ||||||
| 22 | school. | ||||||
| 23 | Nothing in this subsection authorizes a student to | ||||||
| 24 | independently practice cirrology for compensation except as | ||||||
| 25 | otherwise expressly permitted by law. | ||||||
| 26 | (h) Licensed teachers required. A licensed cirrology | ||||||
| |||||||
| |||||||
| 1 | school shall employ or contract with one or more licensed | ||||||
| 2 | cirrology teachers sufficient to provide proper instruction | ||||||
| 3 | and supervision. No school may provide cirrology instruction | ||||||
| 4 | through an unlicensed person except as otherwise expressly | ||||||
| 5 | permitted by this Act or by rule for limited guest | ||||||
| 6 | demonstration, specialized presentation, or temporary | ||||||
| 7 | transition purposes. | ||||||
| 8 | (i) Records and proof of completion. A licensed cirrology | ||||||
| 9 | school shall maintain and preserve records in the form and for | ||||||
| 10 | the period required by the Department, including records of: | ||||||
| 11 | (1) student enrollment; | ||||||
| 12 | (2) attendance and hours completed; | ||||||
| 13 | (3) grades, evaluations, and progress; | ||||||
| 14 | (4) practical training and clinic work; | ||||||
| 15 | (5) completion status; | ||||||
| 16 | (6) tuition and fees paid; | ||||||
| 17 | (7) refunds issued; and | ||||||
| 18 | (8) any other records required by this Act or by rule. | ||||||
| 19 | Upon successful completion of the program, the school | ||||||
| 20 | shall issue official proof of completion in the form required | ||||||
| 21 | by the Department. | ||||||
| 22 | (j) Inspection and compliance. A licensed cirrology school | ||||||
| 23 | shall be subject to inspection, audit, and review by the | ||||||
| 24 | Department for purposes of determining compliance with this | ||||||
| 25 | Act and rules adopted under this Act. | ||||||
| 26 | If the Department determines that the school is not | ||||||
| |||||||
| |||||||
| 1 | operating in compliance with this Act, the Department may | ||||||
| 2 | deny, refuse to renew, place on probation, suspend, revoke, | ||||||
| 3 | restrict, or otherwise discipline the school license in | ||||||
| 4 | accordance with this Act. | ||||||
| 5 | (k) Additional cirrology program approval for existing | ||||||
| 6 | schools. A barber school, cosmetology school, or other school | ||||||
| 7 | licensed under another Illinois licensing Act may apply to the | ||||||
| 8 | Department for approval to add a cirrology program as a | ||||||
| 9 | separate approved course of instruction under this Act. | ||||||
| 10 | A school seeking approval under this subsection shall: | ||||||
| 11 | (1) satisfy the same cirrology-specific curriculum, | ||||||
| 12 | instructor, supervision, sanitation, recordkeeping, and | ||||||
| 13 | student-protection requirements applicable to a licensed | ||||||
| 14 | cirrology school under this Act; | ||||||
| 15 | (2) obtain approval from the Department before | ||||||
| 16 | advertising, enrolling students into, or offering the | ||||||
| 17 | cirrology program; and | ||||||
| 18 | (3) maintain the cirrology program as a separate | ||||||
| 19 | approved program under this Act. | ||||||
| 20 | Approval under this subsection shall not be construed to | ||||||
| 21 | merge cirrology into cosmetology, barbering, or any other | ||||||
| 22 | profession regulated under another Act. | ||||||
| 23 | (l) Branches, satellite sites, and additional locations. | ||||||
| 24 | The Department may require separate approval, registration, or | ||||||
| 25 | disclosure for branch locations, satellite instructional | ||||||
| 26 | sites, shared facilities, or other additional locations used | ||||||
| |||||||
| |||||||
| 1 | for cirrology instruction. No additional site may be used for | ||||||
| 2 | instruction unless authorized by the Department in accordance | ||||||
| 3 | with this Act or by rule. | ||||||
| 4 | (m) Transition for existing schools. During the 18-month | ||||||
| 5 | transition period established under this Act, the Department | ||||||
| 6 | may issue, convert, or recognize corresponding school approval | ||||||
| 7 | under this Act for a school that previously operated, was | ||||||
| 8 | approved, or was recognized under prior hair braider law, | ||||||
| 9 | provided the school is in good standing and complies with any | ||||||
| 10 | transition requirements established by rule. | ||||||
| 11 | The Department shall administer this subsection in a | ||||||
| 12 | manner that preserves continuity of lawful educational | ||||||
| 13 | operations and avoids unnecessary disruption to current | ||||||
| 14 | students, educators, and approved programs. | ||||||
| 15 | (n) Scope of school license. Licensure as a licensed | ||||||
| 16 | cirrology school authorizes the holder to provide the approved | ||||||
| 17 | cirrology course of instruction and related educational | ||||||
| 18 | functions permitted under this Act. A school license does not, | ||||||
| 19 | by itself, authorize the school to act as an approved | ||||||
| 20 | continuing education sponsor, approved apprenticeship partner, | ||||||
| 21 | approved partner employer, or registered cirrology shop unless | ||||||
| 22 | separately approved, registered, or licensed under this Act. | ||||||
| 23 | (o) Rulemaking authority. The Department may adopt rules | ||||||
| 24 | necessary to implement this Section, including rules | ||||||
| 25 | concerning school applications, facilities, curriculum | ||||||
| 26 | approval, student-teacher ratios, records, disclosures, | ||||||
| |||||||
| |||||||
| 1 | inspections, branch locations, transition standards, and other | ||||||
| 2 | administrative or educational requirements, upon | ||||||
| 3 | recommendation of the Board where required under this Act. | ||||||
| 4 | Section 9.1. Existing barber and cosmetology schools | ||||||
| 5 | adding cirrology as an additional program. Nothing in this Act | ||||||
| 6 | shall be construed to limit, modify, or restrict the lawful | ||||||
| 7 | scope of practice of licensed cosmetologists, barbers, | ||||||
| 8 | estheticians, or other professionals regulated under the | ||||||
| 9 | Barber, Cosmetology, Esthetics, Hair Braiding, and Nail | ||||||
| 10 | Technology Act of 1985. | ||||||
| 11 | Barber and cosmetology schools may apply to add a | ||||||
| 12 | cirrology program as a separate approved course of | ||||||
| 13 | instruction. They must satisfy all cirrology-specific | ||||||
| 14 | requirements. Approval does not merge cirrology into | ||||||
| 15 | cosmetology or barbering. Board recommendation is required | ||||||
| 16 | before Department approval. | ||||||
| 17 | Section 10. Qualifications for approved continuing | ||||||
| 18 | education sponsor. | ||||||
| 19 | (a) Approval required. No person, business, school, | ||||||
| 20 | institution, organization, association, or other entity may | ||||||
| 21 | advertise, offer, or hold itself out as an approved continuing | ||||||
| 22 | education sponsor under this Act unless approved by the | ||||||
| 23 | Department. | ||||||
| 24 | (b) Purpose. An approved continuing education sponsor | ||||||
| |||||||
| |||||||
| 1 | shall provide continuing education designed to promote | ||||||
| 2 | professional competency, public health, sanitation, legal | ||||||
| 3 | compliance, educator development, business development, and | ||||||
| 4 | safe practice within the field of cirrology. | ||||||
| 5 | (c) Qualifications for approval. An applicant for approval | ||||||
| 6 | as an approved continuing education sponsor shall: | ||||||
| 7 | (1) submit a completed application on forms prescribed | ||||||
| 8 | by the Department; | ||||||
| 9 | (2) pay the required application or approval fee; | ||||||
| 10 | (3) identify the legal name and business address of | ||||||
| 11 | the applicant; | ||||||
| 12 | (4) identify the owner, operator, or authorized | ||||||
| 13 | representative responsible for the continuing education | ||||||
| 14 | program; | ||||||
| 15 | (5) demonstrate the ability to provide organized, | ||||||
| 16 | accurate, and professionally relevant continuing education | ||||||
| 17 | consistent with this Act; | ||||||
| 18 | (6) submit course topics, instructional methods, | ||||||
| 19 | attendance procedures, completion standards, and | ||||||
| 20 | recordkeeping procedures in the form required by the | ||||||
| 21 | Department; and | ||||||
| 22 | (7) satisfy any other reasonable requirements | ||||||
| 23 | established by this Act or by rule. | ||||||
| 24 | (d) Subjects for continuing education. Continuing | ||||||
| 25 | education offered under this Act may include, but is not | ||||||
| 26 | limited to, instruction in the following areas: | ||||||
| |||||||
| |||||||
| 1 | (1) sanitation, disinfection, infection control, and | ||||||
| 2 | public health; | ||||||
| 3 | (2) scalp health, hair health, and safe textured hair | ||||||
| 4 | care practices; | ||||||
| 5 | (3) developments in natural hair care, braiding, loc | ||||||
| 6 | care, protective styling, and nonchemical textured hair | ||||||
| 7 | services; | ||||||
| 8 | (4) this Act and rules adopted under this Act; | ||||||
| 9 | (5) professional ethics, consumer protection, and | ||||||
| 10 | lawful scope of practice; | ||||||
| 11 | (6) educator development and instructional methods; | ||||||
| 12 | (7) apprenticeship supervision and workforce training | ||||||
| 13 | support; | ||||||
| 14 | (8) school compliance, recordkeeping, and | ||||||
| 15 | instructional standards; | ||||||
| 16 | (9) business practices, salon or shop management, | ||||||
| 17 | branding, marketing, merchandising, and entrepreneurship; | ||||||
| 18 | (10) product knowledge, nontoxic product education, | ||||||
| 19 | and safe use of tools and implements; and | ||||||
| 20 | (11) any other subject approved by the Department as | ||||||
| 21 | relevant to the competency and professional development of | ||||||
| 22 | persons credentialed under this Act. | ||||||
| 23 | (e) Approved formats. Continuing education may be offered | ||||||
| 24 | in live, in-person, remote, online, hybrid, seminar, workshop, | ||||||
| 25 | conference, demonstration, or other instructional formats | ||||||
| 26 | approved by the Department. | ||||||
| |||||||
| |||||||
| 1 | The Department may adopt rules regarding the number of | ||||||
| 2 | hours that may be completed through distance or online | ||||||
| 3 | instruction and the standards for verifying participation and | ||||||
| 4 | completion. | ||||||
| 5 | (f) Instructors and presenters. An approved continuing | ||||||
| 6 | education sponsor shall ensure that courses are taught or | ||||||
| 7 | presented by persons who are qualified by education, training, | ||||||
| 8 | licensure, professional experience, subject matter expertise, | ||||||
| 9 | or instructional background to teach the subject matter | ||||||
| 10 | offered. | ||||||
| 11 | The Department may require documentation of instructor | ||||||
| 12 | qualifications and may establish standards by rule for course | ||||||
| 13 | presenters. | ||||||
| 14 | (g) Course approval and standards. The Department may | ||||||
| 15 | require pre-approval of courses or may approve sponsors | ||||||
| 16 | subject to compliance with course standards established by | ||||||
| 17 | this Act and by rule. | ||||||
| 18 | All continuing education offered under this Act shall: | ||||||
| 19 | (1) be accurate and professionally relevant; | ||||||
| 20 | (2) be consistent with the scope and purpose of this | ||||||
| 21 | Act; | ||||||
| 22 | (3) promote competent, safe, and ethical practice; and | ||||||
| 23 | (4) avoid false, misleading, or deceptive claims. | ||||||
| 24 | (h) Records and certificates. An approved continuing | ||||||
| 25 | education sponsor shall maintain records of: | ||||||
| 26 | (1) courses offered; | ||||||
| |||||||
| |||||||
| 1 | (2) dates and locations of instruction; | ||||||
| 2 | (3) instructors or presenters; | ||||||
| 3 | (4) attendance; | ||||||
| 4 | (5) course completion; and | ||||||
| 5 | (6) certificates or proof of completion issued. | ||||||
| 6 | The sponsor shall issue to each participant who | ||||||
| 7 | successfully completes a course a certificate or other proof | ||||||
| 8 | of completion in the form required by the Department. | ||||||
| 9 | The sponsor shall preserve continuing education records | ||||||
| 10 | for the period required by rule and shall make them available | ||||||
| 11 | to the Department upon request. | ||||||
| 12 | (i) Duty to report and cooperate. An approved continuing | ||||||
| 13 | education sponsor shall cooperate with the Department in | ||||||
| 14 | audits, reviews, investigations, and compliance checks and | ||||||
| 15 | shall provide records or information required to verify | ||||||
| 16 | compliance with this Act. | ||||||
| 17 | (j) Misrepresentation prohibited. Approval as an approved | ||||||
| 18 | continuing education sponsor does not authorize the sponsor | ||||||
| 19 | to: | ||||||
| 20 | (1) issue professional licenses; | ||||||
| 21 | (2) operate a licensed cirrology school unless | ||||||
| 22 | separately licensed under this Act; | ||||||
| 23 | (3) represent that completion of a continuing | ||||||
| 24 | education course alone qualifies a person for initial | ||||||
| 25 | licensure, unless expressly authorized by this Act; or | ||||||
| 26 | (4) misrepresent Department approval, endorsement, or | ||||||
| |||||||
| |||||||
| 1 | sponsorship beyond the scope of the approval granted under | ||||||
| 2 | this Section. | ||||||
| 3 | (k) Renewal and continued compliance. Approval as an | ||||||
| 4 | approved continuing education sponsor shall be subject to | ||||||
| 5 | renewal, continued compliance, and any audit, reporting, or | ||||||
| 6 | quality-control requirements established by this Act or by | ||||||
| 7 | rule. | ||||||
| 8 | (l) Transition for existing sponsors. During the 18-month | ||||||
| 9 | transition period established under this Act, the Department | ||||||
| 10 | may issue, convert, or recognize corresponding approval under | ||||||
| 11 | this Act for a continuing education sponsor previously | ||||||
| 12 | approved, recognized, or accepted under prior hair braider | ||||||
| 13 | law, provided the sponsor is in good standing and complies | ||||||
| 14 | with any transition requirements established by rule. | ||||||
| 15 | The Department shall administer this subsection in a | ||||||
| 16 | manner that preserves continuity of lawful continuing | ||||||
| 17 | education activity and avoids unnecessary disruption to | ||||||
| 18 | current licensees and approved providers. | ||||||
| 19 | (m) Discipline. If the Department determines that an | ||||||
| 20 | approved continuing education sponsor has violated this Act or | ||||||
| 21 | rules adopted under this Act, the Department may deny, refuse | ||||||
| 22 | to renew, place on probation, suspend, revoke, restrict, or | ||||||
| 23 | otherwise discipline the sponsor approval in accordance with | ||||||
| 24 | this Act. | ||||||
| 25 | (n) Scope of approval. Approval as an approved continuing | ||||||
| 26 | education sponsor authorizes the holder to offer continuing | ||||||
| |||||||
| |||||||
| 1 | education approved under this Act. Sponsor approval does not, | ||||||
| 2 | by itself, authorize the holder to act as a licensed | ||||||
| 3 | cirrologist, licensed cirrology teacher, licensed cirrology | ||||||
| 4 | school, registered cirrology shop, approved apprenticeship | ||||||
| 5 | partner, or approved partner employer unless separately | ||||||
| 6 | licensed, registered, or approved under this Act. | ||||||
| 7 | (o) Rulemaking authority. The Department may adopt rules | ||||||
| 8 | necessary to implement this Section, including rules | ||||||
| 9 | concerning sponsor applications, course standards, instructor | ||||||
| 10 | qualifications, approved formats, records, audits, renewals, | ||||||
| 11 | transition standards, and other administrative requirements, | ||||||
| 12 | upon recommendation of the Board where required under this | ||||||
| 13 | Act. | ||||||
| 14 | Section 11. Qualifications for registered cirrology shop. | ||||||
| 15 | (a) Registration required. No person or entity may operate | ||||||
| 16 | a cirrology salon or shop without a certificate of | ||||||
| 17 | registration issued by the Department as a registered | ||||||
| 18 | cirrology shop. | ||||||
| 19 | (b) Purpose. A registered cirrology shop is the registered | ||||||
| 20 | place of business through which cirrology services may be | ||||||
| 21 | offered to the public in accordance with this Act. | ||||||
| 22 | Registration under this Section is intended to protect the | ||||||
| 23 | public by ensuring that cirrology services are provided in a | ||||||
| 24 | sanitary, identifiable, and lawfully operated business | ||||||
| 25 | setting. | ||||||
| |||||||
| |||||||
| 1 | (c) Application for registration. An applicant for | ||||||
| 2 | registration as a registered cirrology shop shall: | ||||||
| 3 | (1) submit a completed application on forms prescribed | ||||||
| 4 | by the Department; | ||||||
| 5 | (2) identify the legal name of the owner and the name | ||||||
| 6 | under which the shop will operate; | ||||||
| 7 | (3) provide the address of the shop and any other | ||||||
| 8 | information required by the Department to identify the | ||||||
| 9 | location and ownership of the business; | ||||||
| 10 | (4) disclose whether the shop is operated as a sole | ||||||
| 11 | proprietorship, partnership, corporation, limited | ||||||
| 12 | liability company, or other lawful business form; | ||||||
| 13 | (5) certify compliance with sanitation, safety, and | ||||||
| 14 | operational requirements established under this Act and by | ||||||
| 15 | rule; and | ||||||
| 16 | (6) pay the required registration fee. | ||||||
| 17 | (d) Registration fee. The fee for registration of a | ||||||
| 18 | registered cirrology shop shall be $25. Payment shall be made | ||||||
| 19 | by check or money order payable to the Department of Financial | ||||||
| 20 | and Professional Regulation. The fee is not refundable. | ||||||
| 21 | (e) Expiration and renewal. The registration of a | ||||||
| 22 | registered cirrology shop shall expire on November 30 of each | ||||||
| 23 | even-numbered year. | ||||||
| 24 | A registered cirrology shop may renew its registration in | ||||||
| 25 | the manner prescribed by the Department. A shop that fails to | ||||||
| 26 | renew on or before the expiration date may not continue | ||||||
| |||||||
| |||||||
| 1 | operating unless otherwise permitted by this Act or by rule. | ||||||
| 2 | (f) Certificate of registration. Upon approval of the | ||||||
| 3 | application and payment of the required fee, the Department | ||||||
| 4 | shall issue a certificate of registration to the registered | ||||||
| 5 | cirrology shop. The certificate of registration shall be | ||||||
| 6 | displayed in a conspicuous place within the shop and shall be | ||||||
| 7 | available for inspection by the Department. | ||||||
| 8 | (g) Scope of registration. Registration as a registered | ||||||
| 9 | cirrology shop authorizes the holder to operate a place of | ||||||
| 10 | business for the performance of cirrology services for | ||||||
| 11 | compensation, provided that services are performed only by | ||||||
| 12 | persons lawfully licensed, authorized, or otherwise permitted | ||||||
| 13 | to practice under this Act. | ||||||
| 14 | Registration as a registered cirrology shop does not, by | ||||||
| 15 | itself, authorize: | ||||||
| 16 | (1) the independent practice of cirrology by an | ||||||
| 17 | unlicensed person; | ||||||
| 18 | (2) operation as a licensed cirrology school; | ||||||
| 19 | (3) operation as an approved continuing education | ||||||
| 20 | sponsor; | ||||||
| 21 | (4) operation as an approved apprenticeship partner; | ||||||
| 22 | or | ||||||
| 23 | (5) participation as an approved partner employer | ||||||
| 24 | unless separately approved under this Act. | ||||||
| 25 | (h) Shop requirements. A registered cirrology shop shall: | ||||||
| 26 | (1) maintain the premises in a clean, safe, sanitary, | ||||||
| |||||||
| |||||||
| 1 | and orderly condition; | ||||||
| 2 | (2) comply with sanitation, disinfection, infection | ||||||
| 3 | control, and public health requirements established under | ||||||
| 4 | this Act and by rule; | ||||||
| 5 | (3) maintain all tools, implements, equipment, | ||||||
| 6 | furnishings, and service areas in a condition suitable for | ||||||
| 7 | safe professional use; | ||||||
| 8 | (4) ensure that only persons lawfully licensed, | ||||||
| 9 | registered, or otherwise authorized under this Act perform | ||||||
| 10 | services requiring authorization under this Act; | ||||||
| 11 | (5) maintain the certificate of registration and any | ||||||
| 12 | other licenses required under this Act in a conspicuous | ||||||
| 13 | place within the shop; | ||||||
| 14 | (6) permit inspections by the Department in accordance | ||||||
| 15 | with this Act; | ||||||
| 16 | (7) cooperate with investigations or compliance | ||||||
| 17 | reviews conducted by the Department; | ||||||
| 18 | (8) maintain any records required by this Act or by | ||||||
| 19 | rule; and | ||||||
| 20 | (9) comply with all other requirements necessary to | ||||||
| 21 | protect the public and ensure lawful operation. | ||||||
| 22 | (i) Services within the shop. A registered cirrology shop | ||||||
| 23 | may provide services within the scope of practice established | ||||||
| 24 | by Section 4 of this Act and may offer consultation, retail | ||||||
| 25 | product sales, client education, and other lawful business | ||||||
| 26 | functions consistent with the practice of cirrology. | ||||||
| |||||||
| |||||||
| 1 | Nothing in this Section authorizes the performance of | ||||||
| 2 | services outside the scope of this Act. | ||||||
| 3 | (j) Ownership and management. A registered cirrology shop | ||||||
| 4 | may be owned by a licensed practitioner or by another lawful | ||||||
| 5 | person or entity, provided that all services requiring | ||||||
| 6 | licensure under this Act are performed only by persons | ||||||
| 7 | properly licensed or otherwise authorized under this Act. | ||||||
| 8 | Ownership of a registered cirrology shop does not, by | ||||||
| 9 | itself, authorize the owner to practice cirrology unless the | ||||||
| 10 | owner is separately licensed under this Act. | ||||||
| 11 | (k) Change of ownership, location, or operation. A | ||||||
| 12 | registered cirrology shop shall notify the Department, in the | ||||||
| 13 | manner required by rule, of any material change in ownership, | ||||||
| 14 | legal name, business name, location, or operational status. | ||||||
| 15 | The Department may require a new application, amended | ||||||
| 16 | registration, or additional approval for a material change | ||||||
| 17 | affecting the registered shop. | ||||||
| 18 | (l) Additional locations. A separate registration may be | ||||||
| 19 | required for each shop location. No additional location may | ||||||
| 20 | operate as a registered cirrology shop unless registered or | ||||||
| 21 | otherwise authorized by the Department in accordance with this | ||||||
| 22 | Act or by rule. | ||||||
| 23 | (m) Eligibility to become an approved partner employer. A | ||||||
| 24 | registered cirrology shop may apply for approval as an | ||||||
| 25 | approved partner employer if it satisfies the apprenticeship | ||||||
| 26 | supervision, training, recordkeeping, wage, and compliance | ||||||
| |||||||
| |||||||
| 1 | requirements established under this Act and by rule. | ||||||
| 2 | Registration as a registered cirrology shop does not | ||||||
| 3 | automatically confer approved partner employer status. | ||||||
| 4 | (o) Unlawful operation. It is a violation of this Act to | ||||||
| 5 | operate, advertise, or hold out a business as a cirrology | ||||||
| 6 | salon or shop without a certificate of registration issued by | ||||||
| 7 | the Department as a registered cirrology shop. | ||||||
| 8 | (p) Discipline and enforcement. If the Department | ||||||
| 9 | determines that a registered cirrology shop has violated this | ||||||
| 10 | Act or rules adopted under this Act, the Department may deny, | ||||||
| 11 | refuse to renew, place on probation, suspend, revoke, | ||||||
| 12 | restrict, or otherwise discipline the registration in | ||||||
| 13 | accordance with this Act. | ||||||
| 14 | (q) Rulemaking authority. The Department may adopt rules | ||||||
| 15 | necessary to implement this Section, including rules | ||||||
| 16 | concerning applications, registration forms, sanitation | ||||||
| 17 | standards, inspections, display requirements, multiple | ||||||
| 18 | locations, transition standards, and other administrative or | ||||||
| 19 | operational requirements, upon recommendation of the Board | ||||||
| 20 | where required under this Act. | ||||||
| 21 | Section 12. Qualifications for approved apprenticeship | ||||||
| 22 | partner. | ||||||
| 23 | (a) Approval required. No institution, program, | ||||||
| 24 | organization, or other entity may advertise, offer, | ||||||
| 25 | coordinate, host, or hold itself out as an approved | ||||||
| |||||||
| |||||||
| 1 | apprenticeship partner under this Act unless approved by the | ||||||
| 2 | Department. | ||||||
| 3 | (b) Purpose. An approved apprenticeship partner shall | ||||||
| 4 | support the cirrology apprenticeship program by providing or | ||||||
| 5 | coordinating related instruction, pre-apprenticeship | ||||||
| 6 | preparation, educational support, supportive services, program | ||||||
| 7 | coordination, or other approved apprenticeship-related | ||||||
| 8 | functions consistent with this Act. | ||||||
| 9 | (c) Eligible entities. An approved apprenticeship partner | ||||||
| 10 | may include, but is not limited to: | ||||||
| 11 | (1) a community college; | ||||||
| 12 | (2) a high school; | ||||||
| 13 | (3) a career and technical education program; | ||||||
| 14 | (4) a licensed cirrology school; | ||||||
| 15 | (5) a nonprofit training provider; | ||||||
| 16 | (6) a workforce training organization; | ||||||
| 17 | (7) a community-based educational or workforce | ||||||
| 18 | program; or | ||||||
| 19 | (8) another institution, program, or organization | ||||||
| 20 | approved by the Department as capable of supporting a | ||||||
| 21 | cirrology apprenticeship program. | ||||||
| 22 | (d) Qualifications for approval. An applicant for approval | ||||||
| 23 | as an approved apprenticeship partner shall: | ||||||
| 24 | (1) submit a completed application on forms prescribed | ||||||
| 25 | by the Department; | ||||||
| 26 | (2) pay the required application or approval fee, if | ||||||
| |||||||
| |||||||
| 1 | any; | ||||||
| 2 | (3) identify the legal name, address, and responsible | ||||||
| 3 | representative of the applicant; | ||||||
| 4 | (4) describe the educational, supportive, | ||||||
| 5 | instructional, coordination, or workforce functions the | ||||||
| 6 | applicant proposes to perform under this Act; | ||||||
| 7 | (5) demonstrate the capacity to provide or coordinate | ||||||
| 8 | related instruction, pre-apprenticeship services, student | ||||||
| 9 | or apprentice support, or other approved | ||||||
| 10 | apprenticeship-related functions in a manner consistent | ||||||
| 11 | with this Act; | ||||||
| 12 | (6) demonstrate the ability to maintain records, | ||||||
| 13 | monitor participation, and cooperate with the Department | ||||||
| 14 | and other approved entities involved in the cirrology | ||||||
| 15 | apprenticeship program; | ||||||
| 16 | (7) agree to comply with this Act and rules adopted | ||||||
| 17 | under this Act; and | ||||||
| 18 | (8) satisfy any other reasonable requirements | ||||||
| 19 | established by this Act or by rule. | ||||||
| 20 | (e) Authorized functions. An approved apprenticeship | ||||||
| 21 | partner may, to the extent authorized by this Act and rules | ||||||
| 22 | adopted under this Act: | ||||||
| 23 | (1) provide or coordinate related instruction for a | ||||||
| 24 | cirrology apprenticeship program; | ||||||
| 25 | (2) provide or host a pre-apprenticeship program; | ||||||
| 26 | (3) provide orientation, mentoring, tutoring, academic | ||||||
| |||||||
| |||||||
| 1 | support, work-readiness support, or other educational | ||||||
| 2 | support for apprentices or prospective apprentices; | ||||||
| 3 | (4) coordinate scheduling, progress tracking, | ||||||
| 4 | attendance monitoring, evaluations, and communications | ||||||
| 5 | among apprentices, approved partner employers, licensed | ||||||
| 6 | cirrology schools, and the Department; | ||||||
| 7 | (5) provide or coordinate supportive services intended | ||||||
| 8 | to help apprentices enter, remain in, and complete the | ||||||
| 9 | apprenticeship pathway, consistent with law and available | ||||||
| 10 | program authority; | ||||||
| 11 | (6) collaborate with community colleges, high schools, | ||||||
| 12 | career and technical education programs, workforce | ||||||
| 13 | partners, nonprofit providers, licensed cirrology schools, | ||||||
| 14 | and approved partner employers; | ||||||
| 15 | (7) assist with documentation, reports, and records | ||||||
| 16 | required under this Act; and | ||||||
| 17 | (8) perform any other apprenticeship-related support | ||||||
| 18 | function approved by the Department and consistent with | ||||||
| 19 | this Act. | ||||||
| 20 | (f) Related instruction. If an approved apprenticeship | ||||||
| 21 | partner provides related instruction, the instruction shall: | ||||||
| 22 | (1) be relevant to the cirrology apprenticeship | ||||||
| 23 | program; | ||||||
| 24 | (2) be consistent with the curriculum, competencies, | ||||||
| 25 | health and safety standards, and public protection | ||||||
| 26 | purposes of this Act; | ||||||
| |||||||
| |||||||
| 1 | (3) be provided by qualified instructors, educators, | ||||||
| 2 | or subject matter presenters as permitted under this Act | ||||||
| 3 | or by rule; and | ||||||
| 4 | (4) be documented in the manner required by the | ||||||
| 5 | Department. | ||||||
| 6 | (g) Pre-apprenticeship support. An approved apprenticeship | ||||||
| 7 | partner may offer or coordinate a pre-apprenticeship program | ||||||
| 8 | designed to prepare individuals for entry into a cirrology | ||||||
| 9 | apprenticeship program through foundational instruction, | ||||||
| 10 | career exposure, work-readiness development, supportive | ||||||
| 11 | services, or other related preparation. | ||||||
| 12 | Participation in a pre-apprenticeship program does not, by | ||||||
| 13 | itself: | ||||||
| 14 | (1) authorize independent practice under this Act; | ||||||
| 15 | (2) constitute licensure under this Act; or | ||||||
| 16 | (3) guarantee placement in an apprenticeship, unless | ||||||
| 17 | otherwise provided by written agreement or program | ||||||
| 18 | standards approved under this Act. | ||||||
| 19 | (h) Agreements and coordination. An approved | ||||||
| 20 | apprenticeship partner may enter into written agreements or | ||||||
| 21 | collaborations with: | ||||||
| 22 | (1) an approved partner employer; | ||||||
| 23 | (2) a licensed cirrology school; | ||||||
| 24 | (3) a community college, high school, or career and | ||||||
| 25 | technical education program; | ||||||
| 26 | (4) a workforce training organization or | ||||||
| |||||||
| |||||||
| 1 | community-based partner; or | ||||||
| 2 | (5) another approved institution or entity involved in | ||||||
| 3 | the cirrology apprenticeship program. | ||||||
| 4 | Any agreement under this subsection shall be consistent | ||||||
| 5 | with this Act and rules adopted under this Act and shall not | ||||||
| 6 | authorize independent practice outside the scope of this Act. | ||||||
| 7 | (i) Records and documentation. An approved apprenticeship | ||||||
| 8 | partner shall maintain records required by the Department | ||||||
| 9 | concerning any function performed under this Act, including, | ||||||
| 10 | where applicable: | ||||||
| 11 | (1) apprentice participation; | ||||||
| 12 | (2) related instruction provided; | ||||||
| 13 | (3) attendance and completion records; | ||||||
| 14 | (4) supportive services or program coordination | ||||||
| 15 | records; | ||||||
| 16 | (5) agreements with other approved entities; and | ||||||
| 17 | (6) any other records required by this Act or by rule. | ||||||
| 18 | The approved apprenticeship partner shall preserve records | ||||||
| 19 | for the period required by rule and shall make them available | ||||||
| 20 | to the Department upon request. | ||||||
| 21 | (j) No independent practice authority. Approval as an | ||||||
| 22 | approved apprenticeship partner does not, by itself, | ||||||
| 23 | authorize: | ||||||
| 24 | (1) the independent practice of cirrology; | ||||||
| 25 | (2) operation as a licensed cirrology school unless | ||||||
| 26 | separately licensed under this Act; | ||||||
| |||||||
| |||||||
| 1 | (3) operation as a registered cirrology shop unless | ||||||
| 2 | separately registered under this Act; | ||||||
| 3 | (4) operation as an approved continuing education | ||||||
| 4 | sponsor unless separately approved under this Act; or | ||||||
| 5 | (5) operation as an approved partner employer unless | ||||||
| 6 | separately approved under this Act. | ||||||
| 7 | (k) Compliance and cooperation. An approved apprenticeship | ||||||
| 8 | partner shall cooperate with the Department in audits, | ||||||
| 9 | reviews, investigations, compliance monitoring, and requests | ||||||
| 10 | for information related to its approved functions under this | ||||||
| 11 | Act. | ||||||
| 12 | (m) Discipline. If the Department determines that an | ||||||
| 13 | approved apprenticeship partner has violated this Act or rules | ||||||
| 14 | adopted under this Act, the Department may deny, refuse to | ||||||
| 15 | renew, place on probation, suspend, revoke, restrict, or | ||||||
| 16 | otherwise discipline the approval in accordance with this Act. | ||||||
| 17 | (n) Scope of approval. Approval as an approved | ||||||
| 18 | apprenticeship partner authorizes the holder to perform only | ||||||
| 19 | those functions permitted under this Act and approved by the | ||||||
| 20 | Department. Approval under this Section does not, by itself, | ||||||
| 21 | authorize the holder to issue licenses, certify independent | ||||||
| 22 | practice, or act outside the scope of the approval granted | ||||||
| 23 | under this Act. | ||||||
| 24 | (o) Rulemaking authority. The Department may adopt rules | ||||||
| 25 | necessary to implement this Section, including rules | ||||||
| 26 | concerning applications, qualifications, related instruction, | ||||||
| |||||||
| |||||||
| 1 | records, supportive services, agreements, transition | ||||||
| 2 | standards, audits, and other administrative requirements, upon | ||||||
| 3 | recommendation of the Board where required under this Act. | ||||||
| 4 | Section 15. Transition; grandfathering; temporary | ||||||
| 5 | licensure. | ||||||
| 6 | (a) Purpose. The purpose of this Section is to ensure that | ||||||
| 7 | the repeal, transfer, replacement, or amendment of hair | ||||||
| 8 | braiding provisions under prior law and rules do not | ||||||
| 9 | unnecessarily interrupt lawful work, education, teaching, | ||||||
| 10 | licensure, school approval, sponsor approval, or business | ||||||
| 11 | operations while the State transitions to regulation under | ||||||
| 12 | this Act. | ||||||
| 13 | (b) Transition period. For a period of 18 months after the | ||||||
| 14 | effective date of this Act, the Department shall administer | ||||||
| 15 | the orderly transition of hair braider licensure, teaching | ||||||
| 16 | approval, school approval, continuing education approval, and | ||||||
| 17 | related registrations or credentials from prior law into the | ||||||
| 18 | corresponding cirrology categories established under this Act. | ||||||
| 19 | During the 18-month transition period, the Department | ||||||
| 20 | shall implement this Act in a manner that preserves continuity | ||||||
| 21 | of lawful practice, instruction, school operation, continuing | ||||||
| 22 | education activity, business operation, renewal, and public | ||||||
| 23 | protection. | ||||||
| 24 | (c) Automatic transition for current hair braider | ||||||
| 25 | licensees. During the 18-month transition period, any person | ||||||
| |||||||
| |||||||
| 1 | holding an active Illinois hair braider license in good | ||||||
| 2 | standing shall be eligible for automatic transition into the | ||||||
| 3 | corresponding cirrology licensure category for renewal | ||||||
| 4 | purposes. | ||||||
| 5 | The Department shall permit the license holder to renew | ||||||
| 6 | under the designated cirrology category without requiring | ||||||
| 7 | completion of the full 600-hour cirrology school program at | ||||||
| 8 | the time of transition, subject only to any limited | ||||||
| 9 | sanitation, public health, legal, or administrative transition | ||||||
| 10 | requirement established by rule and consistent with the | ||||||
| 11 | purpose of this Act. | ||||||
| 12 | (d) Renewal dates carried forward. All hair braider | ||||||
| 13 | license expiration and renewal dates of October 31 for | ||||||
| 14 | even-numbered years shall automatically apply to the | ||||||
| 15 | corresponding cirrology license category during the transition | ||||||
| 16 | period until superseded by law or rule adopted under this Act. | ||||||
| 17 | The Department shall administer renewals during the transition | ||||||
| 18 | period in a manner that avoids lapse, forfeiture, or | ||||||
| 19 | interruption of lawful practice solely because the statutory | ||||||
| 20 | category name or governing Act has changed. | ||||||
| 21 | Transition requirements adopted under this Section shall | ||||||
| 22 | be limited to sanitation, public health, legal, or | ||||||
| 23 | administrative components reasonably necessary to implement | ||||||
| 24 | this Act and may not be imposed in a manner that creates an | ||||||
| 25 | unnecessary interruption of lawful practice, instruction, | ||||||
| 26 | school operation, continuing education activity, or business | ||||||
| |||||||
| |||||||
| 1 | operation. | ||||||
| 2 | (e) Transitional pathway for schools, sponsors, shops, and | ||||||
| 3 | partner approvals. During the 18-month transition period, the | ||||||
| 4 | Department may issue, convert, renew, or recognize | ||||||
| 5 | corresponding credentials under this Act for schools, | ||||||
| 6 | continuing education sponsors, shops, apprenticeship-related | ||||||
| 7 | partners, employers, and other entities previously approved, | ||||||
| 8 | recognized, registered, or lawfully operating under prior hair | ||||||
| 9 | braider law if the person or entity is in good standing and | ||||||
| 10 | meets any transition requirements established by rule. | ||||||
| 11 | This subsection shall be administered in a manner that | ||||||
| 12 | avoids unnecessary interruption of lawful educational | ||||||
| 13 | operations, continuing education activity, apprenticeship | ||||||
| 14 | participation, or business registration solely because the | ||||||
| 15 | credential is being transferred into a cirrology category | ||||||
| 16 | under this Act. | ||||||
| 17 | (f) Continuity of lawful practice and operation. No person | ||||||
| 18 | or entity lawfully licensed, registered, or approved under | ||||||
| 19 | prior hair braider law shall lose the authority to continue | ||||||
| 20 | practice, instruction, school operation, continuing education | ||||||
| 21 | activity, business operation, or apprenticeship participation | ||||||
| 22 | solely because statutory references, forms, databases, or | ||||||
| 23 | administrative processes have not yet been updated to reflect | ||||||
| 24 | the transition to this Act, so long as the person or entity | ||||||
| 25 | timely complies with transition requirements established by | ||||||
| 26 | the Department. | ||||||
| |||||||
| |||||||
| 1 | (g) Corresponding categories. For purposes of this | ||||||
| 2 | Section, the Department shall determine the corresponding | ||||||
| 3 | cirrology category into which a prior credential shall | ||||||
| 4 | transition, based on the nature of the prior credential and | ||||||
| 5 | the categories created under this Act. | ||||||
| 6 | The Department may adopt rules to implement the transition | ||||||
| 7 | of individual, instructional, school, sponsor, shop, | ||||||
| 8 | apprenticeship, or other related credentials into their | ||||||
| 9 | appropriate cirrology categories. | ||||||
| 10 | (h) Department authority during transition. During the | ||||||
| 11 | 18-month transition period, the Department may: | ||||||
| 12 | (1) convert existing licenses, registrations, and | ||||||
| 13 | approvals into the corresponding cirrology categories; | ||||||
| 14 | (2) issue temporary, conditional, or provisional | ||||||
| 15 | credentials to prevent unnecessary interruption of lawful | ||||||
| 16 | work or instruction; | ||||||
| 17 | (3) require limited sanitation, legal, public health, | ||||||
| 18 | or administrative transition components; | ||||||
| 19 | (4) accept affidavits, existing records, prior | ||||||
| 20 | licenses, and other reliable documentation for transition | ||||||
| 21 | purposes; | ||||||
| 22 | (5) extend deadlines or cure periods for | ||||||
| 23 | administrative good cause; and | ||||||
| 24 | (6) adopt rules necessary to carry out the purposes of | ||||||
| 25 | this Section. | ||||||
| 26 | (k) Construction. This Section shall be liberally | ||||||
| |||||||
| |||||||
| 1 | construed to preserve continuity, protect the public, | ||||||
| 2 | recognize lawful prior practice and experience, and ensure an | ||||||
| 3 | orderly transfer of hair braiding and related textured hair | ||||||
| 4 | licensure into the cirrology framework created by this Act. | ||||||
| 5 | (i) Rulemaking authority. The Department may adopt rules | ||||||
| 6 | necessary to implement this Section, including rules | ||||||
| 7 | concerning conversion, renewal, grandfathering, temporary | ||||||
| 8 | licensure, documentary proof, good standing, corresponding | ||||||
| 9 | categories, school and teacher transition, sponsor transition, | ||||||
| 10 | shop transition, and administrative continuity, upon | ||||||
| 11 | recommendation of the Board where required under this Act. | ||||||
| 12 | Section 16. Board of Cirrology. | ||||||
| 13 | (a) Establishment. The Board of Cirrology is created | ||||||
| 14 | within the Department. The Board shall be the | ||||||
| 15 | profession-specific advisory and recommending body for all | ||||||
| 16 | matters arising under this Act. | ||||||
| 17 | (b) Purpose. The purpose of the Board is to ensure that | ||||||
| 18 | standards governing cirrology are developed by persons with | ||||||
| 19 | demonstrated expertise in nonchemical textured hair practice, | ||||||
| 20 | education, public health, cultural competency, consumer | ||||||
| 21 | protection, and workforce access. In administering this Act, | ||||||
| 22 | the Department and the Board shall preserve the distinct | ||||||
| 23 | professional identity of cirrology, prevent unnecessary | ||||||
| 24 | barriers to entry, and avoid the historical misclassification | ||||||
| 25 | of textured hair services within regulatory frameworks that do | ||||||
| |||||||
| |||||||
| 1 | not reflect the actual scope, science, culture, or public | ||||||
| 2 | health needs of textured hair practice. | ||||||
| 3 | (c) Membership. The Board shall consist of 9 members | ||||||
| 4 | appointed by the Governor, by and with the advice and consent | ||||||
| 5 | of the Senate. | ||||||
| 6 | (d) Composition. The membership of the Board shall | ||||||
| 7 | include, at a minimum: | ||||||
| 8 | (1) 3 members who are licensed cirrologists or, during | ||||||
| 9 | the transition period established under this Act, persons | ||||||
| 10 | eligible for transitional licensure under this Act, each | ||||||
| 11 | of whom has at least 5 years of active practice in textured | ||||||
| 12 | hair services; | ||||||
| 13 | (2) 2 members who are founders, pioneers, or educators | ||||||
| 14 | with at least 10 years of documented leadership, | ||||||
| 15 | instruction, curriculum development, research, or advocacy | ||||||
| 16 | in textured hair care in Illinois; | ||||||
| 17 | (3) one member who is an owner, administrator, or lead | ||||||
| 18 | academic officer of a licensed cirrology school or | ||||||
| 19 | approved cirrology education program; | ||||||
| 20 | (4) one member who is a dermatologist, trichologist, | ||||||
| 21 | public health professional, or other licensed health | ||||||
| 22 | professional with expertise in scalp and hair health | ||||||
| 23 | affecting textured hair; | ||||||
| 24 | (5) one member who is a public member representing | ||||||
| 25 | consumer interests and who is not licensed under this Act | ||||||
| 26 | and has no financial interest in a school, shop, product | ||||||
| |||||||
| |||||||
| 1 | manufacturer, distributor, testing vendor, or continuing | ||||||
| 2 | education provider regulated under this Act; and | ||||||
| 3 | (6) one member who is a workforce development, civil | ||||||
| 4 | rights, reentry, or community-based representative with | ||||||
| 5 | experience expanding access to education, | ||||||
| 6 | entrepreneurship, or occupational opportunity for | ||||||
| 7 | historically excluded communities. | ||||||
| 8 | (e) Appointment considerations. In making appointments, | ||||||
| 9 | the Governor shall give due consideration to recommendations | ||||||
| 10 | submitted by statewide organizations representing | ||||||
| 11 | cirrologists, natural hair professionals, hair braiders, | ||||||
| 12 | textured hair educators, consumer advocates, public health | ||||||
| 13 | professionals, and other stakeholders with demonstrated | ||||||
| 14 | experience in textured hair safety, education, cultural | ||||||
| 15 | practice, and workforce access. | ||||||
| 16 | To the extent practicable, appointments shall reflect the | ||||||
| 17 | geographic, racial, cultural, and professional diversity of | ||||||
| 18 | Illinois and of the communities most affected by this Act. | ||||||
| 19 | (f) Independence of the profession. No more than one | ||||||
| 20 | member of the Board may simultaneously hold a cosmetology, | ||||||
| 21 | barbering, or related license issued under another Act unless | ||||||
| 22 | that member otherwise qualifies under one of the categories | ||||||
| 23 | set forth in this Section and demonstrates substantial | ||||||
| 24 | experience specific to textured hair practice. | ||||||
| 25 | Nothing in this Section shall be construed to authorize | ||||||
| 26 | the Board or the Department to define cirrology by reference | ||||||
| |||||||
| |||||||
| 1 | to cosmetology, barbering, or any other profession regulated | ||||||
| 2 | under another Act except where expressly provided by law. | ||||||
| 3 | (g) Terms. Members shall serve staggered 3-year terms and | ||||||
| 4 | until their successors are appointed and qualified. No member | ||||||
| 5 | shall serve more than 2 consecutive terms. | ||||||
| 6 | Of the initial appointees, the Governor may designate | ||||||
| 7 | staggered initial terms as necessary to establish term | ||||||
| 8 | rotation. | ||||||
| 9 | (h) Vacancies. A vacancy occurring on the Board shall be | ||||||
| 10 | filled in the same manner as the original appointment for the | ||||||
| 11 | unexpired portion of the term. | ||||||
| 12 | (i) Removal. A member may be removed in accordance with | ||||||
| 13 | applicable law for neglect of duty, misconduct, inability to | ||||||
| 14 | serve, or other cause consistent with service on a State | ||||||
| 15 | board. | ||||||
| 16 | (j) Quorum and meetings. A majority of the members then | ||||||
| 17 | appointed to the Board shall constitute a quorum. The Board | ||||||
| 18 | shall meet at the call of the Chair, at the request of the | ||||||
| 19 | Department, or as otherwise provided by rule or schedule | ||||||
| 20 | adopted under this Act. | ||||||
| 21 | The Board may establish committees, work groups, or | ||||||
| 22 | advisory structures consistent with this Act and subject to | ||||||
| 23 | applicable law. | ||||||
| 24 | (k) Officers. The Board shall annually elect from its | ||||||
| 25 | members a Chair and Vice-Chair and may elect or designate any | ||||||
| 26 | other officer authorized by rule or procedure. | ||||||
| |||||||
| |||||||
| 1 | (l) Powers and duties. The Board shall advise and make | ||||||
| 2 | recommendations to the Department on all matters concerning | ||||||
| 3 | this Act, including, but not limited to: | ||||||
| 4 | (1) scope of practice and professional standards for | ||||||
| 5 | cirrology; | ||||||
| 6 | (2) curriculum standards for licensed cirrology | ||||||
| 7 | schools and approved cirrology programs; | ||||||
| 8 | (3) qualifications for licensure, registration, and | ||||||
| 9 | approval under this Act; | ||||||
| 10 | (4) examinations, competency standards, and evaluation | ||||||
| 11 | requirements; | ||||||
| 12 | (5) teacher-training standards and educational | ||||||
| 13 | requirements; | ||||||
| 14 | (6) continuing education standards and sponsor | ||||||
| 15 | approval criteria; | ||||||
| 16 | (7) standards for registered cirrology shops; | ||||||
| 17 | (8) standards for approved apprenticeship partners and | ||||||
| 18 | approved partner employers; | ||||||
| 19 | (9) cirrology apprenticeship program requirements, | ||||||
| 20 | including related instruction, supervision, competency, | ||||||
| 21 | and workforce access; | ||||||
| 22 | (10) sanitation, disinfection, infection control, and | ||||||
| 23 | public health standards; | ||||||
| 24 | (11) transition, grandfathering, temporary licensure, | ||||||
| 25 | and conversion of credentials from prior law; | ||||||
| 26 | (12) rules necessary to implement and enforce this | ||||||
| |||||||
| |||||||
| 1 | Act; | ||||||
| 2 | (13) discipline, consumer protection, and lawful scope | ||||||
| 3 | enforcement; and | ||||||
| 4 | (14) any other matter referred to the Board by the | ||||||
| 5 | Department or otherwise arising under this Act. | ||||||
| 6 | (m) Recommendation required. The Department shall seek and | ||||||
| 7 | obtain the recommendation of the Board before: | ||||||
| 8 | (1) adopting, amending, or repealing rules under this | ||||||
| 9 | Act; | ||||||
| 10 | (2) approving or materially modifying curriculum | ||||||
| 11 | standards, school standards, teacher standards, or | ||||||
| 12 | examination standards under this Act; | ||||||
| 13 | (3) approving or materially modifying standards for | ||||||
| 14 | apprenticeship, continuing education, shops, partner | ||||||
| 15 | approvals, or transition requirements under this Act; or | ||||||
| 16 | (4) materially changing professional standards | ||||||
| 17 | specific to cirrology. | ||||||
| 18 | If the Department rejects or materially modifies a | ||||||
| 19 | recommendation of the Board on a matter arising under this | ||||||
| 20 | Act, the Department shall provide the Board with a written | ||||||
| 21 | explanation stating the reasons for the rejection or | ||||||
| 22 | modification. | ||||||
| 23 | (n) Compensation and reimbursement. Each voting member of | ||||||
| 24 | the Board shall receive a per diem stipend for attendance at | ||||||
| 25 | duly called Board meetings, committee meetings, hearings, | ||||||
| 26 | rulemaking sessions, and other authorized Board work performed | ||||||
| |||||||
| |||||||
| 1 | under this Act. | ||||||
| 2 | Each member shall also be reimbursed for all legitimate, | ||||||
| 3 | necessary, and authorized expenses incurred in carrying out | ||||||
| 4 | official Board duties, including travel, mileage, lodging, | ||||||
| 5 | meals, and related expenses, subject to applicable State | ||||||
| 6 | travel policies. | ||||||
| 7 | Compensation and reimbursement under this subsection shall | ||||||
| 8 | be paid from fees collected under this Act or from the | ||||||
| 9 | applicable professional regulation fund. | ||||||
| 10 | The per diem stipend established under this subsection | ||||||
| 11 | shall reflect the specialized professional expertise required | ||||||
| 12 | for service under this Act and shall not be set at a nominal | ||||||
| 13 | amount inconsistent with meaningful public participation. | ||||||
| 14 | (o) Conflicts of interest. Each Board member shall | ||||||
| 15 | disclose any ownership interest, employment, compensation, | ||||||
| 16 | consulting relationship, or contractual relationship with a | ||||||
| 17 | school, shop, product manufacturer, distributor, examination | ||||||
| 18 | vendor, continuing education provider, or trade association | ||||||
| 19 | affected by this Act. | ||||||
| 20 | A member shall recuse himself or herself from any | ||||||
| 21 | recommendation, deliberation, or vote presenting a direct | ||||||
| 22 | financial conflict of interest. | ||||||
| 23 | No person whose primary financial interest is in a | ||||||
| 24 | national testing vendor, product manufacturer, curriculum | ||||||
| 25 | vendor, or similar commercial enterprise seeking to influence | ||||||
| 26 | market access under this Act may serve as Chair of the Board. | ||||||
| |||||||
| |||||||
| 1 | (p) Good faith immunity. A Board member shall not be | ||||||
| 2 | civilly liable for any act, omission, recommendation, | ||||||
| 3 | decision, or other conduct undertaken in good faith within the | ||||||
| 4 | scope of his or her duties under this Act, except for willful, | ||||||
| 5 | wanton, or intentional misconduct. | ||||||
| 6 | (q) Administrative support. The Department shall provide | ||||||
| 7 | administrative support to the Board sufficient to carry out | ||||||
| 8 | its duties under this Act. | ||||||
| 9 | (r) Transition and initial implementation. During the | ||||||
| 10 | 18-month transition period established under this Act, the | ||||||
| 11 | Board shall advise the Department on implementation of the | ||||||
| 12 | Act, including transition of hair braiding credentials, | ||||||
| 13 | grandfathering, temporary licensure, school and teacher | ||||||
| 14 | transition, curriculum approval, apprenticeship rollout, and | ||||||
| 15 | public communication. | ||||||
| 16 | The Board may begin making recommendations upon | ||||||
| 17 | appointment of a quorum of members. | ||||||
| 18 | (s) Applicability of law. The Board shall operate subject | ||||||
| 19 | to applicable State laws governing ethics, public service, | ||||||
| 20 | meetings, records, training, and other requirements applicable | ||||||
| 21 | to State boards and commissions. | ||||||
| 22 | (t) Rulemaking authority. The Department may adopt rules | ||||||
| 23 | necessary to implement this Section, including rules | ||||||
| 24 | concerning appointments, procedures, meetings, compensation, | ||||||
| 25 | records, conflict disclosures, and other matters necessary for | ||||||
| 26 | administration of the Board, upon recommendation of the Board | ||||||
| |||||||
| |||||||
| 1 | where required under this Act. | ||||||
| 2 | Section 17. Administration by the Department. | ||||||
| 3 | (a) Administration. The Department shall administer and | ||||||
| 4 | enforce this Act. | ||||||
| 5 | (b) General authority. In administering this Act, the | ||||||
| 6 | Department shall have authority to: | ||||||
| 7 | (1) issue, renew, restore, convert, transition, deny, | ||||||
| 8 | refuse to renew, place on probation, suspend, revoke, | ||||||
| 9 | restrict, or otherwise discipline any license, | ||||||
| 10 | registration, approval, or other credential authorized | ||||||
| 11 | under this Act; | ||||||
| 12 | (2) receive and process applications, fees, renewals, | ||||||
| 13 | notices, reports, and records required under this Act; | ||||||
| 14 | (3) establish and maintain official records relating | ||||||
| 15 | to persons and entities credentialed under this Act; | ||||||
| 16 | (4) investigate complaints and possible violations of | ||||||
| 17 | this Act and rules adopted under this Act; | ||||||
| 18 | (5) inspect schools, shops, approved partner | ||||||
| 19 | employers, approved apprenticeship partners, continuing | ||||||
| 20 | education sponsors, and other locations or entities | ||||||
| 21 | regulated under this Act as authorized by law; | ||||||
| 22 | (6) conduct audits, reviews, and compliance checks | ||||||
| 23 | necessary to enforce this Act; | ||||||
| 24 | (7) approve forms, documentation standards, and | ||||||
| 25 | administrative procedures necessary to carry out this Act; | ||||||
| |||||||
| |||||||
| 1 | (8) adopt rules necessary to implement and enforce | ||||||
| 2 | this Act, subject to the requirements of this Act | ||||||
| 3 | concerning Board recommendation; | ||||||
| 4 | (9) collect and administer fees authorized under this | ||||||
| 5 | Act; and | ||||||
| 6 | (10) take any other action reasonably necessary to | ||||||
| 7 | carry out the purposes of this Act. | ||||||
| 8 | (c) Consultation with the Board. In carrying out its | ||||||
| 9 | duties under this Act, the Department shall act in | ||||||
| 10 | consultation with the Board on matters specific to cirrology. | ||||||
| 11 | (d) Recommendation required for cirrology-specific | ||||||
| 12 | matters. The Department shall seek and obtain the | ||||||
| 13 | recommendation of the Board before taking action on | ||||||
| 14 | cirrology-specific matters for which Board recommendation is | ||||||
| 15 | required under this Act, including matters concerning: | ||||||
| 16 | (1) scope of practice; | ||||||
| 17 | (2) curriculum and educational standards; | ||||||
| 18 | (3) teacher-training standards; | ||||||
| 19 | (4) examination standards; | ||||||
| 20 | (5) continuing education standards; | ||||||
| 21 | (6) standards for registered cirrology shops; | ||||||
| 22 | (7) standards for approved apprenticeship partners and | ||||||
| 23 | approved partner employers; | ||||||
| 24 | (8) apprenticeship standards, supervision, and related | ||||||
| 25 | instruction; | ||||||
| 26 | (9) transition, grandfathering, temporary licensure, | ||||||
| |||||||
| |||||||
| 1 | and conversion of prior credentials; and | ||||||
| 2 | (10) other profession-specific standards established | ||||||
| 3 | under this Act. | ||||||
| 4 | (e) Written explanation if Board recommendation is | ||||||
| 5 | rejected or modified. If the Department rejects or materially | ||||||
| 6 | modifies a recommendation of the Board on a matter arising | ||||||
| 7 | under this Act, the Department shall provide the Board with a | ||||||
| 8 | written explanation stating the reasons for the rejection or | ||||||
| 9 | modification. | ||||||
| 10 | (f) No merger into other professions. Nothing in this | ||||||
| 11 | Section shall be construed to permit the Department to | ||||||
| 12 | administer this Act in a manner that merges cirrology into | ||||||
| 13 | cosmetology, barbering, or any other profession regulated | ||||||
| 14 | under another Act, except where expressly provided by law. | ||||||
| 15 | (g) Records and credential status. The Department shall | ||||||
| 16 | maintain records sufficient to identify the status of each | ||||||
| 17 | license, registration, approval, or other credential issued | ||||||
| 18 | under this Act, including, where applicable: | ||||||
| 19 | (1) issuance date; | ||||||
| 20 | (2) expiration date; | ||||||
| 21 | (3) renewal status; | ||||||
| 22 | (4) disciplinary status; | ||||||
| 23 | (5) transition or conversion status; and | ||||||
| 24 | (6) any other information required for proper | ||||||
| 25 | administration of this Act. | ||||||
| 26 | (h) Forms and notices. The Department may prescribe forms, | ||||||
| |||||||
| |||||||
| 1 | notices, certificates, registrations, applications, renewal | ||||||
| 2 | materials, and other documents necessary to administer this | ||||||
| 3 | Act. | ||||||
| 4 | (i) Investigations and inspections. The Department may | ||||||
| 5 | investigate any complaint or information suggesting a | ||||||
| 6 | violation of this Act and may inspect any school, shop, | ||||||
| 7 | approved sponsor, approved apprenticeship partner, approved | ||||||
| 8 | partner employer, or other regulated person or entity as | ||||||
| 9 | authorized by this Act and applicable law. | ||||||
| 10 | (j) Administrative continuity during transition. During | ||||||
| 11 | the 18-month transition period established under this Act, the | ||||||
| 12 | Department shall administer this Act in a manner that | ||||||
| 13 | preserves continuity of licensure, renewal, instruction, | ||||||
| 14 | school operation, sponsor activity, business registration, | ||||||
| 15 | apprenticeship participation, and public protection while | ||||||
| 16 | transitioning hair braiding and related textured hair | ||||||
| 17 | credentials into the cirrology framework created by this Act. | ||||||
| 18 | (k) Acceptance of prior records during transition. During | ||||||
| 19 | the 18-month transition period, the Department may accept | ||||||
| 20 | prior licenses, approvals, registrations, school records, | ||||||
| 21 | instructional records, affidavits, business records, and other | ||||||
| 22 | reliable documentation for purposes of conversion, renewal, | ||||||
| 23 | grandfathering, temporary licensure, or transition under this | ||||||
| 24 | Act. | ||||||
| 25 | (l) Administrative support to the Board. The Department | ||||||
| 26 | shall provide administrative, clerical, procedural, and record | ||||||
| |||||||
| |||||||
| 1 | support reasonably necessary for the Board to carry out its | ||||||
| 2 | duties under this Act. | ||||||
| 3 | (m) Rulemaking authority. The Department may adopt rules | ||||||
| 4 | necessary to implement this Section and the administration of | ||||||
| 5 | this Act, upon recommendation of the Board where required | ||||||
| 6 | under this Act. | ||||||
| 7 | Section 18. Investigations, discipline, and unlicensed | ||||||
| 8 | practice. | ||||||
| 9 | (a) Grounds for discipline. The Department may deny, | ||||||
| 10 | refuse to issue, refuse to renew, place on probation, suspend, | ||||||
| 11 | revoke, restrict, reprimand, fine, or otherwise discipline any | ||||||
| 12 | license, registration, approval, or other credential issued | ||||||
| 13 | under this Act for any one or more of the following: | ||||||
| 14 | (1) fraud, deception, or material misrepresentation in | ||||||
| 15 | obtaining, renewing, restoring, converting, or attempting | ||||||
| 16 | to obtain a credential under this Act; | ||||||
| 17 | (2) violation of this Act or any rule adopted under | ||||||
| 18 | this Act; | ||||||
| 19 | (3) practicing, teaching, operating, supervising, | ||||||
| 20 | sponsoring, or otherwise acting beyond the scope | ||||||
| 21 | authorized by the credential held under this Act; | ||||||
| 22 | (4) aiding, assisting, or permitting another person to | ||||||
| 23 | practice, teach, or operate in violation of this Act; | ||||||
| 24 | (5) unlicensed practice or unlawful representation | ||||||
| 25 | under this Act; | ||||||
| |||||||
| |||||||
| 1 | (6) failure to maintain sanitary, safe, or lawful | ||||||
| 2 | conditions required under this Act; | ||||||
| 3 | (7) gross negligence, repeated negligence, | ||||||
| 4 | incompetence, or misconduct in practice, instruction, | ||||||
| 5 | supervision, school operation, sponsorship, or | ||||||
| 6 | apprenticeship administration; | ||||||
| 7 | (8) failure to provide required supervision of a | ||||||
| 8 | student, apprentice, or trainee; | ||||||
| 9 | (9) failure to maintain required records, | ||||||
| 10 | falsification of records, or refusal to produce records | ||||||
| 11 | required by this Act; | ||||||
| 12 | (10) fraud or deception in advertising, | ||||||
| 13 | representations to the public, or statements made to the | ||||||
| 14 | Department; | ||||||
| 15 | (11) disciplinary action taken against a professional | ||||||
| 16 | credential held by the person in this State or another | ||||||
| 17 | jurisdiction for conduct substantially related to public | ||||||
| 18 | safety, fraud, abuse, or professional misconduct; | ||||||
| 19 | (12) conviction of, plea of guilty to, plea of nolo | ||||||
| 20 | contendere to, or finding of guilt for an offense | ||||||
| 21 | substantially related to the practice, instruction, | ||||||
| 22 | operation, or duties authorized under this Act, subject to | ||||||
| 23 | applicable Illinois law governing the use of criminal | ||||||
| 24 | history in licensing; | ||||||
| 25 | (13) exploitation, abuse, mistreatment, intimidation, | ||||||
| 26 | harassment, or other improper conduct toward a client, | ||||||
| |||||||
| |||||||
| 1 | student, apprentice, employee, or consumer; | ||||||
| 2 | (14) failure of an approved partner employer to | ||||||
| 3 | compensate an apprentice as required by law; | ||||||
| 4 | (15) failure of a licensed cirrology school, approved | ||||||
| 5 | continuing education sponsor, approved apprenticeship | ||||||
| 6 | partner, approved partner employer, or registered | ||||||
| 7 | cirrology shop to comply with standards established under | ||||||
| 8 | this Act; | ||||||
| 9 | (16) use of prohibited chemicals, practices, products, | ||||||
| 10 | or devices in violation of this Act; | ||||||
| 11 | (17) failure to cooperate with an investigation, | ||||||
| 12 | inspection, audit, or lawful request of the Department; or | ||||||
| 13 | (18) any other conduct that violates this Act or | ||||||
| 14 | endangers the public. | ||||||
| 15 | (b) Complaints and investigations. The Department may | ||||||
| 16 | receive complaints from any person and may, on its own motion, | ||||||
| 17 | investigate any person or entity believed to be acting in | ||||||
| 18 | violation of this Act. | ||||||
| 19 | An investigation under this Section may include review of | ||||||
| 20 | applications, records, advertisements, credentials, training | ||||||
| 21 | records, payroll records, school records, apprenticeship | ||||||
| 22 | records, continuing education records, consumer complaints, | ||||||
| 23 | and any other information relevant to the enforcement of this | ||||||
| 24 | Act. | ||||||
| 25 | (c) Inspections and audits. The Department may inspect and | ||||||
| 26 | audit any licensed cirrology school, registered cirrology | ||||||
| |||||||
| |||||||
| 1 | shop, approved continuing education sponsor, approved | ||||||
| 2 | apprenticeship partner, approved partner employer, or other | ||||||
| 3 | regulated person or entity as authorized by this Act and | ||||||
| 4 | applicable law to determine compliance with this Act. | ||||||
| 5 | (d) Disciplinary measures. If the Department determines | ||||||
| 6 | that a violation of this Act has occurred, the Department may | ||||||
| 7 | impose one or more of the following: | ||||||
| 8 | (1) denial of an application; | ||||||
| 9 | (2) refusal to renew a credential; | ||||||
| 10 | (3) reprimand; | ||||||
| 11 | (4) probation subject to terms and conditions; | ||||||
| 12 | (5) suspension; | ||||||
| 13 | (6) revocation; | ||||||
| 14 | (7) restriction or limitation of practice, | ||||||
| 15 | instruction, approval, registration, or supervision | ||||||
| 16 | authority; | ||||||
| 17 | (8) corrective education or remedial training; | ||||||
| 18 | (9) administrative fine as authorized by rule or law; | ||||||
| 19 | (10) cease and desist order; or | ||||||
| 20 | (11) any other disciplinary or corrective action | ||||||
| 21 | authorized by this Act or applicable law. | ||||||
| 22 | (e) Notice and opportunity to be heard. Except as | ||||||
| 23 | otherwise provided by law, the Department shall provide notice | ||||||
| 24 | and an opportunity to be heard before imposing discipline | ||||||
| 25 | under this Act. Proceedings under this Section shall be | ||||||
| 26 | conducted in accordance with applicable Illinois | ||||||
| |||||||
| |||||||
| 1 | administrative procedure and due process requirements. | ||||||
| 2 | (f) Summary or emergency action. If the Department | ||||||
| 3 | determines that continued practice, instruction, operation, | ||||||
| 4 | sponsorship, apprenticeship participation, or business | ||||||
| 5 | activity under a credential issued under this Act presents an | ||||||
| 6 | immediate danger to the public, the Department may take | ||||||
| 7 | emergency or summary action to the extent authorized by law. | ||||||
| 8 | (g) Unlicensed practice. It is unlawful for any person or | ||||||
| 9 | entity to: | ||||||
| 10 | (1) practice cirrology for compensation without the | ||||||
| 11 | license required under this Act; | ||||||
| 12 | (2) teach cirrology without the license required under | ||||||
| 13 | this Act; | ||||||
| 14 | (3) operate a cirrology school without the license | ||||||
| 15 | required under this Act; | ||||||
| 16 | (4) operate a cirrology salon or shop without a | ||||||
| 17 | certificate of registration as a registered cirrology | ||||||
| 18 | shop; | ||||||
| 19 | (5) advertise, offer, or hold itself out as an | ||||||
| 20 | approved continuing education sponsor, approved | ||||||
| 21 | apprenticeship partner, or approved partner employer | ||||||
| 22 | without the approval required under this Act; or | ||||||
| 23 | (6) use a title or designation protected under this | ||||||
| 24 | Act without the credential required under this Act. | ||||||
| 25 | (h) Unlawful representation. A person or entity that | ||||||
| 26 | falsely represents itself as licensed, registered, approved, | ||||||
| |||||||
| |||||||
| 1 | certified, or otherwise authorized under this Act, or that | ||||||
| 2 | uses a protected title in violation of this Act, is subject to | ||||||
| 3 | enforcement under this Section. | ||||||
| 4 | (i) Cease and desist authority. The Department may issue a | ||||||
| 5 | cease and desist order to any person or entity engaged in | ||||||
| 6 | unlicensed practice, unlawful representation, or any other | ||||||
| 7 | conduct prohibited by this Act. | ||||||
| 8 | (j) Civil and administrative remedies cumulative. The | ||||||
| 9 | remedies provided in this Section are cumulative and do not | ||||||
| 10 | preclude any other lawful civil, administrative, or criminal | ||||||
| 11 | remedy available under Illinois law. | ||||||
| 12 | (k) Consumer protection. The Department shall administer | ||||||
| 13 | this Section in a manner that protects consumers, students, | ||||||
| 14 | apprentices, educators, schools, shops, and the public, while | ||||||
| 15 | preserving the distinct professional framework established by | ||||||
| 16 | this Act. | ||||||
| 17 | (l) Rulemaking authority. The Department may adopt rules | ||||||
| 18 | necessary to implement this Section, including rules | ||||||
| 19 | concerning complaints, investigations, inspections, audits, | ||||||
| 20 | disciplinary procedures, administrative fines, corrective | ||||||
| 21 | measures, and cease and desist orders, upon recommendation of | ||||||
| 22 | the Board where required under this Act. | ||||||
| 23 | Section 19. Transfer of hair braiding regulation; | ||||||
| 24 | replacement of prior law. | ||||||
| 25 | (a) Transfer of regulation. On the effective date of this | ||||||
| |||||||
| |||||||
| 1 | Act, the regulation of hair braiding and related nonchemical | ||||||
| 2 | textured hair practices shall begin transfer from the Barber, | ||||||
| 3 | Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act | ||||||
| 4 | of 1985 to this Act. | ||||||
| 5 | The purpose of this Section is to repeal, replace, and | ||||||
| 6 | transfer hair braiding and related textured hair licensure | ||||||
| 7 | into the cirrology framework established under this Act while | ||||||
| 8 | preserving continuity of lawful practice, instruction, | ||||||
| 9 | education, business operation, renewal, and public protection. | ||||||
| 10 | (b) Hair braiding subsumed into cirrology. Hair braiding, | ||||||
| 11 | African-style hair braiding, loc care, natural hair | ||||||
| 12 | maintenance, protective styling, and related nonchemical | ||||||
| 13 | textured hair services regulated under prior law shall, to the | ||||||
| 14 | extent provided by this Act, be governed under the licensure, | ||||||
| 15 | registration, approval, training, education, and disciplinary | ||||||
| 16 | framework established by this Act. | ||||||
| 17 | (c) Repeal and replacement intent. It is the intent of the | ||||||
| 18 | General Assembly that this Act replace the hair braiding | ||||||
| 19 | provisions previously regulated under the Barber, Cosmetology, | ||||||
| 20 | Esthetics, Hair Braiding, and Nail Technology Act of 1985. | ||||||
| 21 | (d) Corresponding categories under this Act. For purposes | ||||||
| 22 | of transition and implementation, the Department shall assign | ||||||
| 23 | prior hair braiding credentials, approvals, and registrations | ||||||
| 24 | to the corresponding cirrology category or categories created | ||||||
| 25 | under this Act, including, as applicable: | ||||||
| 26 | (1) licensed cirrologist; | ||||||
| |||||||
| |||||||
| 1 | (2) licensed cirrology teacher; | ||||||
| 2 | (3) licensed cirrology school; | ||||||
| 3 | (4) approved continuing education sponsor; | ||||||
| 4 | (5) registered cirrology shop; | ||||||
| 5 | (6) approved apprenticeship partner; and | ||||||
| 6 | (7) approved partner employer. | ||||||
| 7 | The Department may adopt rules or administrative | ||||||
| 8 | procedures necessary to determine the appropriate | ||||||
| 9 | corresponding category for a prior credential, business, | ||||||
| 10 | school, sponsor, approval, or instructional role. | ||||||
| 11 | (e) Continuity of existing licenses and approvals. A | ||||||
| 12 | person or entity lawfully licensed, registered, approved, or | ||||||
| 13 | otherwise recognized under prior hair braider law shall not | ||||||
| 14 | lose the ability to continue lawful practice, instruction, | ||||||
| 15 | school operation, continuing education activity, shop | ||||||
| 16 | operation, or related approved activity solely because | ||||||
| 17 | statutory references, forms, databases, or administrative | ||||||
| 18 | systems have not yet been updated to reflect this Act, | ||||||
| 19 | provided that the person or entity timely complies with the | ||||||
| 20 | transition requirements established under this Act. | ||||||
| 21 | (f) Continuity of renewals and expirations. All hair | ||||||
| 22 | braider license expiration and renewal dates of October 31 of | ||||||
| 23 | even-numbered years shall automatically apply to the | ||||||
| 24 | corresponding cirrology license category during the transition | ||||||
| 25 | period established under this Act and until superseded by law | ||||||
| 26 | or rule adopted under this Act. | ||||||
| |||||||
| |||||||
| 1 | (g) Records, forms, orders, and proceedings. All records, | ||||||
| 2 | applications, notices, renewal materials, disciplinary | ||||||
| 3 | records, administrative orders, pending matters, and other | ||||||
| 4 | official documents relating to hair braiding under prior law | ||||||
| 5 | shall continue in effect and may be used, recognized, | ||||||
| 6 | transferred, or enforced under this Act to the extent | ||||||
| 7 | consistent with this Act and necessary to preserve continuity | ||||||
| 8 | of administration and public protection. | ||||||
| 9 | Pending applications, renewals, investigations, | ||||||
| 10 | disciplinary matters, hearings, orders, and administrative | ||||||
| 11 | proceedings concerning hair braiding under prior law may be | ||||||
| 12 | completed, converted, transferred, or otherwise resolved under | ||||||
| 13 | this Act or under transitional procedures adopted by the | ||||||
| 14 | Department. | ||||||
| 15 | (h) References in law and rule. During the transition | ||||||
| 16 | period and until conforming amendments are completed, any | ||||||
| 17 | reference in Illinois law, rule, form, notice, application, | ||||||
| 18 | disciplinary order, registration, approval, or Department | ||||||
| 19 | record to hair braiding or African-style hair braiding under | ||||||
| 20 | prior law shall be interpreted, to the extent practicable, in | ||||||
| 21 | a manner that gives effect to this Act and preserves | ||||||
| 22 | continuity of licensure, enforcement, education, and | ||||||
| 23 | administration. | ||||||
| 24 | (i) Conforming amendments. The General Assembly intends | ||||||
| 25 | that all corresponding references in Illinois statutes, | ||||||
| 26 | administrative rules, forms, and official records be amended | ||||||
| |||||||
| |||||||
| 1 | as necessary to reflect the transfer of hair braiding and | ||||||
| 2 | related textured hair regulation into this Act. | ||||||
| 3 | Conforming amendments shall include, as applicable: | ||||||
| 4 | (1) repeal or amendment of hair braiding provisions in | ||||||
| 5 | the Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
| 6 | Nail Technology Act of 1985; | ||||||
| 7 | (2) amendment of statutory references to hair braider | ||||||
| 8 | licensure so that such references correspond to the | ||||||
| 9 | categories created under this Act; | ||||||
| 10 | (3) amendment of school, teacher, sponsor, shop, | ||||||
| 11 | apprenticeship, and disciplinary references affected by | ||||||
| 12 | the transfer of regulation under this Act; | ||||||
| 13 | (4) amendment of Department forms, records, and | ||||||
| 14 | administrative systems necessary to implement this Act; | ||||||
| 15 | and | ||||||
| 16 | (5) amendment of the Regulatory Sunset Act and any | ||||||
| 17 | other law necessary to reflect the creation of cirrology | ||||||
| 18 | and the repeal, replacement, or transfer of hair braiding | ||||||
| 19 | regulation under prior law; and | ||||||
| 20 | (6) amendment of the short title, Article headings, | ||||||
| 21 | and other headings of the Barber, Cosmetology, Esthetics, | ||||||
| 22 | Hair Braiding, and Nail Technology Act of 1985, as | ||||||
| 23 | necessary to remove hair braiding from that Act except | ||||||
| 24 | where a historical or transitional reference is expressly | ||||||
| 25 | required. | ||||||
| 26 | (j) Preservation of public protection. This Section shall | ||||||
| |||||||
| |||||||
| 1 | not be construed to eliminate, weaken, or interrupt any public | ||||||
| 2 | health, sanitation, disciplinary, consumer protection, or | ||||||
| 3 | enforcement authority necessary to protect the public during | ||||||
| 4 | the transfer of regulation from prior law into this Act. | ||||||
| 5 | (k) No reversion to cosmetology control. Nothing in this | ||||||
| 6 | Section shall be construed to merge cirrology into | ||||||
| 7 | cosmetology, barbering, or any other profession regulated | ||||||
| 8 | under another Act, or to subordinate the standards established | ||||||
| 9 | under this Act to the prior regulatory treatment of hair | ||||||
| 10 | braiding, except where expressly provided by law. | ||||||
| 11 | (l) Department authority during transfer. The Department | ||||||
| 12 | may take any administrative action reasonably necessary to | ||||||
| 13 | carry out the transfer of regulation under this Section, | ||||||
| 14 | including: | ||||||
| 15 | (1) converting credentials and approvals into the | ||||||
| 16 | corresponding cirrology categories; | ||||||
| 17 | (2) issuing notices, revised forms, and replacement | ||||||
| 18 | credentials; | ||||||
| 19 | (3) accepting prior records and documentation for | ||||||
| 20 | transition purposes; | ||||||
| 21 | (4) maintaining continuity of renewals, discipline, | ||||||
| 22 | and enforcement; | ||||||
| 23 | (5) coordinating with the Board on profession-specific | ||||||
| 24 | standards; and | ||||||
| 25 | (6) adopting rules necessary to implement this | ||||||
| 26 | Section. | ||||||
| |||||||
| |||||||
| 1 | (m) Construction. This Section shall be liberally | ||||||
| 2 | construed to effectuate the transfer of hair braiding | ||||||
| 3 | regulation into the cirrology framework established under this | ||||||
| 4 | Act, preserve continuity for affected workers and entities, | ||||||
| 5 | and ensure an orderly implementation of this Act. | ||||||
| 6 | (n) Rulemaking authority. The Department may adopt rules | ||||||
| 7 | necessary to implement this Section, upon recommendation of | ||||||
| 8 | the Board where required under this Act. | ||||||
| 9 | Section 20. Severability. The provisions of this Act are | ||||||
| 10 | severable under Section 1.31 of the Statute on Statutes. If | ||||||
| 11 | any provision of this Act, or its application to any person or | ||||||
| 12 | circumstance, is held invalid, that invalidity shall not | ||||||
| 13 | affect other provisions or applications of this Act that can | ||||||
| 14 | be given effect without the invalid provision or application. | ||||||
| 15 | Section 900. The Regulatory Sunset Act is amended by | ||||||
| 16 | changing Section 4.43 as follows: | ||||||
| 17 | (5 ILCS 80/4.43) | ||||||
| 18 | Sec. 4.43. Act repealed on January 1, 2031. The following | ||||||
| 19 | Act is repealed on January 1, 2031: | ||||||
| 20 | The Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
| 21 | Nail Technology Act of 1985. | ||||||
| 22 | The Textured Hair Licensing Act. | ||||||
| 23 | (Source: P.A. 104-153, eff. 8-1-25.) | ||||||
| |||||||
| |||||||
| 1 | Section 902. The Barber, Cosmetology, Esthetics, and Nail | ||||||
| 2 | Technology Act of 1985 is amended by changing the heading of | ||||||
| 3 | Articles IIIB and IIID and Sections 1-1, 1-2, 1-4, 1-7, 1-7.5, | ||||||
| 4 | 1-7.10, 1-10, 1-11, 1-14, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15, | ||||||
| 5 | 3B-16, 3D-5, 4-1, 4-2, 4-4, 4-6.1, 4-7, 4-9, 4-19, and 4-20 as | ||||||
| 6 | follows: | ||||||
| 7 | (225 ILCS 410/1-1) (from Ch. 111, par. 1701-1) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 9 | Sec. 1-1. Title of Act. This Act may be cited as the | ||||||
| 10 | Barber, Cosmetology, Esthetics, Hair Braiding, and Nail | ||||||
| 11 | Technology Act of 1985. | ||||||
| 12 | (Source: P.A. 96-1246, eff. 1-1-11.) | ||||||
| 13 | (225 ILCS 410/1-2) (from Ch. 111, par. 1701-2) | ||||||
| 14 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 15 | Sec. 1-2. Public policy. The practices of barbering, | ||||||
| 16 | cosmetology, esthetics, hair braiding, and nail technology in | ||||||
| 17 | the State of Illinois are hereby declared to affect the public | ||||||
| 18 | health, safety and welfare and to be subject to regulation and | ||||||
| 19 | control in the public interest. It is further declared to be a | ||||||
| 20 | matter of public interest and concern that the professions | ||||||
| 21 | merit and receive the confidence of the public and that only | ||||||
| 22 | qualified persons be permitted to practice said professions in | ||||||
| 23 | the State of Illinois. This Act shall be liberally construed | ||||||
| |||||||
| |||||||
| 1 | to carry out these objects and purposes. | ||||||
| 2 | (Source: P.A. 98-911, eff. 1-1-15.) | ||||||
| 3 | (225 ILCS 410/1-4) | ||||||
| 4 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 5 | Sec. 1-4. Definitions. In this Act the following words | ||||||
| 6 | shall have the following meanings: | ||||||
| 7 | "Address of record" means the designated address recorded | ||||||
| 8 | by the Department in the applicant's application file or the | ||||||
| 9 | licensee's license file, as maintained by the Department's | ||||||
| 10 | licensure maintenance unit. | ||||||
| 11 | "Board" means the Barber, Cosmetology, Esthetics, Hair | ||||||
| 12 | Braiding, and Nail Technology Board. | ||||||
| 13 | "Department" means the Department of Financial and | ||||||
| 14 | Professional Regulation. | ||||||
| 15 | "Email address of record" means the designated email | ||||||
| 16 | address recorded by the Department in the applicant's | ||||||
| 17 | application file or the licensee's license file, as maintained | ||||||
| 18 | by the Department's licensure maintenance unit. | ||||||
| 19 | "Licensed barber" means an individual licensed by the | ||||||
| 20 | Department to practice barbering as defined in this Act and | ||||||
| 21 | whose license is in good standing. | ||||||
| 22 | "Licensed cosmetologist" means an individual licensed by | ||||||
| 23 | the Department to practice cosmetology, nail technology, hair | ||||||
| 24 | braiding, and esthetics as defined in this Act and whose | ||||||
| 25 | license is in good standing. | ||||||
| |||||||
| |||||||
| 1 | "Licensed esthetician" means an individual licensed by the | ||||||
| 2 | Department to practice esthetics as defined in this Act and | ||||||
| 3 | whose license is in good standing. | ||||||
| 4 | "Licensed nail technician" means an individual licensed by | ||||||
| 5 | the Department to practice nail technology as defined in this | ||||||
| 6 | Act and whose license is in good standing. | ||||||
| 7 | "Licensed barber teacher" means an individual licensed by | ||||||
| 8 | the Department to practice barbering as defined in this Act | ||||||
| 9 | and to provide instruction in the theory and practice of | ||||||
| 10 | barbering to students in a licensed barber school. | ||||||
| 11 | "Licensed cosmetology teacher" means an individual | ||||||
| 12 | licensed by the Department to practice cosmetology, esthetics, | ||||||
| 13 | hair braiding, and nail technology as defined in this Act and | ||||||
| 14 | to provide instruction in the theory and practice of | ||||||
| 15 | cosmetology, esthetics, hair braiding, and nail technology to | ||||||
| 16 | students in a licensed cosmetology, esthetics, hair braiding, | ||||||
| 17 | or nail technology school. | ||||||
| 18 | "Licensed cosmetology clinic teacher" means an individual | ||||||
| 19 | licensed by the Department to practice cosmetology, esthetics, | ||||||
| 20 | hair braiding, and nail technology as defined in this Act and | ||||||
| 21 | to provide clinical instruction in the practice of | ||||||
| 22 | cosmetology, esthetics, hair braiding, and nail technology in | ||||||
| 23 | a licensed school of cosmetology, esthetics, hair braiding, or | ||||||
| 24 | nail technology. | ||||||
| 25 | "Licensed esthetics teacher" means an individual licensed | ||||||
| 26 | by the Department to practice esthetics as defined in this Act | ||||||
| |||||||
| |||||||
| 1 | and to provide instruction in the theory and practice of | ||||||
| 2 | esthetics to students in a licensed cosmetology or esthetics | ||||||
| 3 | school. | ||||||
| 4 | "Licensed hair braider" means an individual licensed by | ||||||
| 5 | the Department to practice hair braiding as defined in this | ||||||
| 6 | Act and whose license is in good standing. | ||||||
| 7 | "Licensed hair braiding teacher" means an individual | ||||||
| 8 | licensed by the Department to practice hair braiding and to | ||||||
| 9 | provide instruction in the theory and practice of hair | ||||||
| 10 | braiding to students in a licensed cosmetology or hair | ||||||
| 11 | braiding school. | ||||||
| 12 | "Licensed nail technology teacher" means an individual | ||||||
| 13 | licensed by the Department to practice nail technology and to | ||||||
| 14 | provide instruction in the theory and practice of nail | ||||||
| 15 | technology to students in a licensed nail technology or | ||||||
| 16 | cosmetology school. | ||||||
| 17 | "Licensed continuing education sponsor" means an entity | ||||||
| 18 | that is authorized by the Department to coordinate and present | ||||||
| 19 | continuing education courses or programs for cosmetologists, | ||||||
| 20 | cosmetology teachers, cosmetology clinic teachers, | ||||||
| 21 | estheticians, esthetics teachers, nail technicians, and nail | ||||||
| 22 | technology teachers, hair braiders, and hair braiding | ||||||
| 23 | teachers. | ||||||
| 24 | "Licensed school" means a postsecondary educational | ||||||
| 25 | institution of cosmetology, barbering, esthetics, or nail | ||||||
| 26 | technology, or hair braiding that is authorized by the | ||||||
| |||||||
| |||||||
| 1 | Department to provide a postsecondary education program in | ||||||
| 2 | compliance with the requirements of this Act. | ||||||
| 3 | "Enrollment date" is the date upon which the student signs | ||||||
| 4 | an enrollment agreement or student contract. | ||||||
| 5 | "Enrollment agreement" or "student contract" is any | ||||||
| 6 | agreement, instrument, or contract however named, which | ||||||
| 7 | creates or evidences an obligation binding a student to | ||||||
| 8 | purchase a course of instruction from a school. | ||||||
| 9 | "Enrollment time" means the maximum number of hours a | ||||||
| 10 | student could have attended class, whether or not the student | ||||||
| 11 | did in fact attend all those hours. | ||||||
| 12 | "Elapsed enrollment time" means the enrollment time | ||||||
| 13 | elapsed between the actual starting date and the date of the | ||||||
| 14 | student's last day of physical attendance in the school. | ||||||
| 15 | "Mobile shop or salon" means a self-contained facility | ||||||
| 16 | that may be moved, towed, or transported from one location to | ||||||
| 17 | another and in which barbering, cosmetology, esthetics, hair | ||||||
| 18 | braiding, or nail technology is practiced. | ||||||
| 19 | "Public member" means a person on the Board who is not a | ||||||
| 20 | current or former licensed cosmetologist, barber, esthetician, | ||||||
| 21 | or nail technician, or hair braider, teacher of barbering, | ||||||
| 22 | cosmetology, esthetics, or nail technology, or hair braiding, | ||||||
| 23 | or owner of a business that employs professionals licensed to | ||||||
| 24 | provide services under this Act, a school licensed under this | ||||||
| 25 | Act, or a continuing education sponsor licensed under this | ||||||
| 26 | Act. "Public member" does not include any person with a | ||||||
| |||||||
| |||||||
| 1 | significant financial interest in salons, shops, schools, | ||||||
| 2 | continuing education sponsors, or products relating to | ||||||
| 3 | cosmetology, barbering, esthetics, or nail technology, or hair | ||||||
| 4 | braiding. | ||||||
| 5 | "Secretary" means the Secretary of the Department of | ||||||
| 6 | Financial and Professional Regulation. | ||||||
| 7 | "Threading" means any technique that results in the | ||||||
| 8 | removal of superfluous hair from the body by twisting thread | ||||||
| 9 | around unwanted hair and then pulling it from the skin; and may | ||||||
| 10 | also include the incidental trimming of eyebrow hair. | ||||||
| 11 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 12 | (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 14 | Sec. 1-7. Licensure required; renewal; restoration. | ||||||
| 15 | (a) It is unlawful for any person to practice, or to hold | ||||||
| 16 | oneself out to be a cosmetologist, esthetician, nail | ||||||
| 17 | technician, hair braider, or barber without a license as a | ||||||
| 18 | cosmetologist, esthetician, nail technician, hair braider or | ||||||
| 19 | barber issued by the Department pursuant to the provisions of | ||||||
| 20 | this Act and of the Civil Administrative Code of Illinois. It | ||||||
| 21 | is also unlawful for any person, firm, partnership, limited | ||||||
| 22 | liability company, professional limited liability company, | ||||||
| 23 | corporation, or professional service corporation to own, | ||||||
| 24 | operate, or conduct a cosmetology, esthetics, nail technology, | ||||||
| 25 | hair braiding, or barber school without a license issued by | ||||||
| |||||||
| |||||||
| 1 | the Department or to own or operate a cosmetology, esthetics, | ||||||
| 2 | or nail technology salon; , or hair braiding salon, barber | ||||||
| 3 | shop; , or other business subject to the registration | ||||||
| 4 | requirements of this Act without a certificate of registration | ||||||
| 5 | issued by the Department or to present continuing education | ||||||
| 6 | courses or programs to cosmetologists, estheticians, nail | ||||||
| 7 | technicians, hair braiders, or teachers of these professions | ||||||
| 8 | without a license issued by the Department. It is further | ||||||
| 9 | unlawful for any person to teach in any cosmetology, | ||||||
| 10 | esthetics, nail technology, hair braiding, or barber college | ||||||
| 11 | or school licensed by the Department or hold himself or | ||||||
| 12 | herself out as a cosmetology, esthetics, hair braiding, nail | ||||||
| 13 | technology, or barber teacher without a license as a teacher, | ||||||
| 14 | issued by the Department or as a cosmetology clinic teacher | ||||||
| 15 | without a license as a cosmetology clinic teacher issued by | ||||||
| 16 | the Department. | ||||||
| 17 | (b) Notwithstanding any other provision of this Act, a | ||||||
| 18 | person licensed as a cosmetologist may hold oneself out as an | ||||||
| 19 | esthetician and may engage in the practice of esthetics, as | ||||||
| 20 | defined in this Act, without being licensed as an esthetician. | ||||||
| 21 | A person licensed as a cosmetology teacher may teach esthetics | ||||||
| 22 | or hold oneself out as an esthetics teacher without being | ||||||
| 23 | licensed as an esthetics teacher. A person licensed as a | ||||||
| 24 | cosmetologist may hold oneself out as a nail technician and | ||||||
| 25 | may engage in the practice of nail technology, as defined in | ||||||
| 26 | this Act, without being licensed as a nail technician. A | ||||||
| |||||||
| |||||||
| 1 | person licensed as a cosmetology teacher may teach nail | ||||||
| 2 | technology and hold oneself 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 out as a hair | ||||||
| 5 | braider and may engage in the practice of hair braiding, as | ||||||
| 6 | defined in this Act, without being licensed as a hair braider. | ||||||
| 7 | A person licensed as a cosmetology teacher may teach hair | ||||||
| 8 | braiding and hold oneself out as a hair braiding teacher | ||||||
| 9 | without being licensed as a hair braiding teacher. | ||||||
| 10 | (c) A person licensed as a barber teacher may hold oneself | ||||||
| 11 | out as a barber and may practice barbering without a license as | ||||||
| 12 | a barber. A person licensed as a cosmetology teacher may hold | ||||||
| 13 | oneself out as a cosmetologist, esthetician, hair braider, and | ||||||
| 14 | nail technologist and may practice cosmetology, esthetics, | ||||||
| 15 | hair braiding, and nail technology without a license as a | ||||||
| 16 | cosmetologist, esthetician, hair braider, or nail | ||||||
| 17 | technologist. A person licensed as an esthetics teacher may | ||||||
| 18 | hold oneself out as an esthetician without being licensed as | ||||||
| 19 | an esthetician and may practice esthetics. A person licensed | ||||||
| 20 | as a nail technician teacher may practice nail technology and | ||||||
| 21 | may hold oneself out as a nail technologist without being | ||||||
| 22 | licensed as a nail technologist. A person licensed as a hair | ||||||
| 23 | braiding teacher may practice hair braiding and may hold | ||||||
| 24 | oneself out as a hair braider without being licensed as a hair | ||||||
| 25 | braider. | ||||||
| 26 | (c-5) A person with an active license as a cosmetologist | ||||||
| |||||||
| |||||||
| 1 | may obtain or restore an additional license as an esthetician, | ||||||
| 2 | or nail technician, or hair braider without having to complete | ||||||
| 3 | the additional licensure requirements for each profession, | ||||||
| 4 | other than payment of the fee, by filing an application | ||||||
| 5 | provided by the Department for each additional license. A | ||||||
| 6 | person with an active license as a cosmetology teacher may | ||||||
| 7 | obtain or restore an additional license as an esthetics | ||||||
| 8 | teacher, or nail technology teacher, or hair braider teacher | ||||||
| 9 | without having to complete the additional licensure | ||||||
| 10 | requirements for each profession, other than payment of the | ||||||
| 11 | fee, by filing an application provided by the Department for | ||||||
| 12 | each additional license. A person with an active license as a | ||||||
| 13 | cosmetology teacher may obtain or restore an additional | ||||||
| 14 | license as a cosmetologist, esthetician, or nail technician, | ||||||
| 15 | or hair braider without having to complete the additional | ||||||
| 16 | licensure requirements for each profession, other than payment | ||||||
| 17 | of the fee, by filing an application provided by the | ||||||
| 18 | Department for each additional license. A person with an | ||||||
| 19 | active license as a barber teacher may also obtain or restore a | ||||||
| 20 | barber license without having to complete the additional | ||||||
| 21 | licensure requirements, other than payment of the fee, by | ||||||
| 22 | filing an application provided by the Department. A person | ||||||
| 23 | with an active license as an esthetics teacher may also obtain | ||||||
| 24 | or restore an esthetician license without having to complete | ||||||
| 25 | the additional licensure requirements, other than payment of | ||||||
| 26 | the fee, by filing an application provided by the Department. | ||||||
| |||||||
| |||||||
| 1 | A person with an active license as a nail technology teacher | ||||||
| 2 | may also obtain or restore a nail technician license without | ||||||
| 3 | having to complete the additional licensure requirements, | ||||||
| 4 | other than payment of the fee, by filing an application | ||||||
| 5 | provided by the Department. A person with an active license as | ||||||
| 6 | a hair braiding teacher may also obtain or restore a hair | ||||||
| 7 | braider license without having to complete the additional | ||||||
| 8 | licensure requirements, other than payment of the fee, filing | ||||||
| 9 | an application provided by the Department. The Department may | ||||||
| 10 | provide for other requirements for obtaining or restoring | ||||||
| 11 | additional licenses by rule. | ||||||
| 12 | (d) The holder of a license issued under this Act may renew | ||||||
| 13 | that license during the month preceding the expiration date of | ||||||
| 14 | the license by paying the required fee. | ||||||
| 15 | (e) The expiration date, renewal period, and conditions | ||||||
| 16 | for renewal and restoration of each license shall be | ||||||
| 17 | established by rule. | ||||||
| 18 | (f) A license issued under the provisions of this Act as a | ||||||
| 19 | barber, barber teacher, cosmetologist, cosmetology teacher, | ||||||
| 20 | cosmetology clinic teacher, esthetician, esthetics teacher, | ||||||
| 21 | nail technician, or nail technician teacher, hair braider, or | ||||||
| 22 | hair braiding teacher that has expired while the holder of the | ||||||
| 23 | license was engaged (1) in federal service on active duty with | ||||||
| 24 | the Army, Navy, Marine Corps, Air Force, Space Force, or Coast | ||||||
| 25 | Guard of the United States of America, or any Women's | ||||||
| 26 | Auxiliary thereof, or the State Militia called into the | ||||||
| |||||||
| |||||||
| 1 | service or training of the United States of America or (2) in | ||||||
| 2 | training or education under the supervision of the United | ||||||
| 3 | States preliminary to induction into the military service, may | ||||||
| 4 | be reinstated or restored without payment of any lapsed | ||||||
| 5 | renewal fees, reinstatement fee, or restoration fee if within | ||||||
| 6 | 2 years after the termination of such service, training, or | ||||||
| 7 | education other than by dishonorable discharge, the holder | ||||||
| 8 | furnishes the Department with an affidavit to the effect that | ||||||
| 9 | the holder has been so engaged and that the holder's service, | ||||||
| 10 | training, or education has been so terminated. | ||||||
| 11 | (Source: P.A. 103-746, eff. 1-1-25; 104-153, eff. 1-1-26.) | ||||||
| 12 | (225 ILCS 410/1-7.5) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 14 | Sec. 1-7.5. Unlicensed practice; violation; civil penalty. | ||||||
| 15 | (a) Any person who practices, offers to practice, attempts | ||||||
| 16 | to practice, or holds oneself out to practice barbering, | ||||||
| 17 | cosmetology, esthetics, hair braiding, or nail technology | ||||||
| 18 | without being licensed under this Act shall, in addition to | ||||||
| 19 | any other penalty provided by law, pay a civil penalty to the | ||||||
| 20 | Department in an amount not to exceed $5,000 for each offense | ||||||
| 21 | as determined by the Department. The civil penalty shall be | ||||||
| 22 | assessed by the Department after a hearing is held in | ||||||
| 23 | accordance with the provisions set forth in this Act regarding | ||||||
| 24 | disciplining a licensee. | ||||||
| 25 | (b) The Department has the authority and power to | ||||||
| |||||||
| |||||||
| 1 | investigate any and all unlicensed activity. | ||||||
| 2 | (c) The civil penalty shall be paid within 60 days after | ||||||
| 3 | the effective date of the order imposing the civil penalty. | ||||||
| 4 | The order shall constitute a judgment and may be filed and | ||||||
| 5 | execution had thereon in the same manner as any judgment from | ||||||
| 6 | any court of record. | ||||||
| 7 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 8 | (225 ILCS 410/1-7.10) | ||||||
| 9 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 10 | Sec. 1-7.10. Abnormal skin growth education. | ||||||
| 11 | (a) In addition to any other requirements under this Act, | ||||||
| 12 | the following applicants must provide proof of completion of a | ||||||
| 13 | course approved by the Department in abnormal skin growth | ||||||
| 14 | education, including training on identifying melanoma: | ||||||
| 15 | (1) An applicant who submits an application for | ||||||
| 16 | original licensure on or after January 1, 2026. | ||||||
| 17 | (2) An applicant who was licensed before January 1, | ||||||
| 18 | 2026 when submitting the applicant's first application for | ||||||
| 19 | renewal or restoration of a license on or after January 1, | ||||||
| 20 | 2026. | ||||||
| 21 | (b) Nothing in this Section shall be construed to create a | ||||||
| 22 | cause of action or any civil liabilities or to require or | ||||||
| 23 | permit a licensee or applicant under this Act to practice | ||||||
| 24 | medicine or otherwise practice outside of the scope of | ||||||
| 25 | practice of a licensed barber, cosmetologist, esthetician, | ||||||
| |||||||
| |||||||
| 1 | hair braider, or nail technician. | ||||||
| 2 | (c) A person licensed under this Act may refer an | ||||||
| 3 | individual to seek care from a medical professional regarding | ||||||
| 4 | an abnormal skin growth. Neither a person licensed under this | ||||||
| 5 | Act who completes abnormal skin growth education nor the | ||||||
| 6 | person's employer, shall be civilly or criminally liable for | ||||||
| 7 | acting in good faith or failing to act on information obtained | ||||||
| 8 | during the course of practicing in the person's profession or | ||||||
| 9 | employment concerning potential abnormal skin growths. | ||||||
| 10 | (Source: P.A. 103-851, eff. 8-9-24; 104-153, eff. 1-1-26.) | ||||||
| 11 | (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 13 | Sec. 1-10. Display. Every holder of a license under this | ||||||
| 14 | Act shall display it in a prominent place in the salon or shop | ||||||
| 15 | where clients enter or wait to receive services and in the same | ||||||
| 16 | prominent location, every license holder shall also display a | ||||||
| 17 | sign provided by the Department that includes information | ||||||
| 18 | about this Act and rules, sanitary requirements, and contact | ||||||
| 19 | information for the Department's complaint intake unit. | ||||||
| 20 | Whenever a license holder provides barber, cosmetology, | ||||||
| 21 | esthetics, hair braiding, or nail technology services to | ||||||
| 22 | clients outside of or away from the person's salon or shop, the | ||||||
| 23 | license holder shall provide any person so requesting proof | ||||||
| 24 | that the person has a valid license issued by the Department. | ||||||
| 25 | Every registered shop or salon shall display its | ||||||
| |||||||
| |||||||
| 1 | certificate of registration in a prominent place at the | ||||||
| 2 | location of the shop or salon where clients enter or wait to | ||||||
| 3 | receive services and, in the same prominent location, every | ||||||
| 4 | license holder shall also display a sign provided by the | ||||||
| 5 | Department that includes information about this Act and rules, | ||||||
| 6 | sanitary requirements, and contact information for the | ||||||
| 7 | Department's complaint intake unit. Each shop or salon where | ||||||
| 8 | barber, cosmetology, esthetics, hair braiding, or nail | ||||||
| 9 | technology services are provided shall have a certificate of | ||||||
| 10 | registration and shall display the Department's sign as | ||||||
| 11 | required by this Section. | ||||||
| 12 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 13 | (225 ILCS 410/1-11) | ||||||
| 14 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 15 | Sec. 1-11. Exceptions to Act. | ||||||
| 16 | (a) Nothing in this Act shall be construed to apply to the | ||||||
| 17 | educational activities conducted in connection with any | ||||||
| 18 | monthly, annual, or other special educational program of any | ||||||
| 19 | bona fide association of licensed cosmetologists, | ||||||
| 20 | estheticians, nail technicians, hair braiders, or barbers, or | ||||||
| 21 | licensed cosmetology, esthetics, nail technology, hair | ||||||
| 22 | braiding, or barber schools from which the general public is | ||||||
| 23 | excluded. | ||||||
| 24 | (b) Nothing in this Act shall be construed to apply to the | ||||||
| 25 | activities and services of registered nurses or licensed | ||||||
| |||||||
| |||||||
| 1 | practical nurses, as defined in the Nurse Practice Act, or to | ||||||
| 2 | personal care or health care services provided by individuals | ||||||
| 3 | in the performance of the individuals' duties as employed or | ||||||
| 4 | authorized by facilities or programs licensed or certified by | ||||||
| 5 | State agencies. As used in this subsection (b), "personal | ||||||
| 6 | care" means assistance with meals, dressing, movement, | ||||||
| 7 | bathing, or other personal needs or maintenance or general | ||||||
| 8 | supervision and oversight of the physical and mental | ||||||
| 9 | well-being of an individual who is incapable of maintaining a | ||||||
| 10 | private, independent residence or who is incapable of managing | ||||||
| 11 | the person whether or not a guardian has been appointed for | ||||||
| 12 | that individual. The definition of "personal care" as used in | ||||||
| 13 | this subsection (b) shall not otherwise be construed to negate | ||||||
| 14 | the requirements of this Act or its rules. | ||||||
| 15 | (c) Nothing in this Act shall be deemed to require | ||||||
| 16 | licensure of individuals employed by the motion picture, film, | ||||||
| 17 | television, stage play, or related industry for the purpose of | ||||||
| 18 | providing cosmetology or esthetics services to actors of that | ||||||
| 19 | industry while engaged in the practice of cosmetology or | ||||||
| 20 | esthetics as a part of that person's employment. | ||||||
| 21 | (d) Nothing in this Act shall be deemed to require | ||||||
| 22 | licensure of an inmate of the Department of Corrections who | ||||||
| 23 | performs barbering or cosmetology with the approval of the | ||||||
| 24 | Department of Corrections during the person's incarceration. | ||||||
| 25 | (e) Nothing in this Act shall be construed to limit the | ||||||
| 26 | ability of a licensed physician to practice medicine in all of | ||||||
| |||||||
| |||||||
| 1 | its branches. | ||||||
| 2 | (Source: P.A. 104-134, eff. 8-1-25; 104-153, eff. 1-1-26; | ||||||
| 3 | revised 11-21-25.) | ||||||
| 4 | (225 ILCS 410/1-14) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 6 | Sec. 1-14. Teacher education. The Department may accept, | ||||||
| 7 | instead of the teacher training requirements set forth in | ||||||
| 8 | subsection (d) of Sections 2-4, paragraph (4) of subsection | ||||||
| 9 | (a) of Section 3-4, paragraph (4) of subsection (a) of Section | ||||||
| 10 | 3A-3, paragraph (4) of subsection (a) of Section 3C-3, and | ||||||
| 11 | Section 3E-3 of this Act, proof that the applicant has | ||||||
| 12 | completed educational courses at a college or university that | ||||||
| 13 | are similar to those included in the rules regarding teacher | ||||||
| 14 | curriculum, including student teaching, or proof of a current | ||||||
| 15 | professional educator license or career and technical educator | ||||||
| 16 | license issued by the State Board of Education and proof of 2 | ||||||
| 17 | years of experience as a teacher. Any teacher who maintains a | ||||||
| 18 | professional educator license or career and technical educator | ||||||
| 19 | license through the State Board of Education and completes | ||||||
| 20 | professional development hours for that license may also use | ||||||
| 21 | those hours toward the teacher's continuing education | ||||||
| 22 | requirements at renewal of the teacher's cosmetology teacher, | ||||||
| 23 | esthetics teacher, or nail technology teacher license , or hair | ||||||
| 24 | braiding teacher licenses through the Department. | ||||||
| 25 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 410/Art. IIIB heading) | ||||||
| 2 | ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING, | ||||||
| 3 | AND NAIL TECHNOLOGY SCHOOLS | ||||||
| 4 | (Source: P.A. 98-911, eff. 1-1-15.) | ||||||
| 5 | (225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1) | ||||||
| 6 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 7 | Sec. 3B-1. Application. The provisions of this Article are | ||||||
| 8 | applicable only to barber, cosmetology, esthetics, hair | ||||||
| 9 | braiding, and nail technology schools regulated under this | ||||||
| 10 | Act. | ||||||
| 11 | (Source: P.A. 98-911, eff. 1-1-15.) | ||||||
| 12 | (225 ILCS 410/3B-10) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 14 | Sec. 3B-10. Requisites for ownership or operation of | ||||||
| 15 | school. No person, firm, or corporation may own, operate, or | ||||||
| 16 | conduct a school of barbering, cosmetology, esthetics, hair | ||||||
| 17 | braiding, or nail technology for the purpose of teaching | ||||||
| 18 | barbering, cosmetology, esthetics, hair braiding, or nail | ||||||
| 19 | technology for compensation unless licensed by the Department. | ||||||
| 20 | A licensed school is a postsecondary educational institution | ||||||
| 21 | authorized by the Department to provide a postsecondary | ||||||
| 22 | education program in compliance with the requirements of this | ||||||
| 23 | Act. An applicant shall apply to the Department on forms | ||||||
| |||||||
| |||||||
| 1 | provided by the Department, pay the required fees, and comply | ||||||
| 2 | with the following requirements: | ||||||
| 3 | 1. The applicant must submit to the Department for | ||||||
| 4 | approval: | ||||||
| 5 | a. A floor plan, drawn to a scale specified on the | ||||||
| 6 | floor plan, showing every detail of the proposed | ||||||
| 7 | school; and | ||||||
| 8 | b. A lease commitment, agreement to use the space, | ||||||
| 9 | or proof of ownership for the location of the proposed | ||||||
| 10 | school; a lease commitment must provide for execution | ||||||
| 11 | of the lease upon the Department's approval of the | ||||||
| 12 | school's application and the lease or agreement must | ||||||
| 13 | be for a period of at least one year, and for schools | ||||||
| 14 | operated by a public high school, community college, | ||||||
| 15 | university, or other governmental institution, this | ||||||
| 16 | requirement is waived. | ||||||
| 17 | c. (Blank). | ||||||
| 18 | 2. An application to own or operate a school shall | ||||||
| 19 | include the following: | ||||||
| 20 | a. If the owner is a professional service | ||||||
| 21 | corporation or a corporation, a copy of the Articles | ||||||
| 22 | of Incorporation or, if the owner is a professional | ||||||
| 23 | limited liability company or a limited liability | ||||||
| 24 | company, a copy of the articles of organization; | ||||||
| 25 | b. If the owner is a partnership, a listing of all | ||||||
| 26 | partners and their current addresses; | ||||||
| |||||||
| |||||||
| 1 | c. If the applicant is an owner, a completed | ||||||
| 2 | attestation regarding the owner's financial ability to | ||||||
| 3 | operate the school for at least 3 months, and for | ||||||
| 4 | schools operated by a public high school, community | ||||||
| 5 | college, university, or other governmental | ||||||
| 6 | institution, this requirement is waived; | ||||||
| 7 | d. A copy of the official enrollment agreement or | ||||||
| 8 | student contract to be used by the school, which shall | ||||||
| 9 | be consistent with the requirements of this Act, | ||||||
| 10 | rules, and other applicable laws; | ||||||
| 11 | e. A listing of all teachers who will be in the | ||||||
| 12 | school's employ, including their teacher license | ||||||
| 13 | numbers; | ||||||
| 14 | f. A copy of the curricula that will be followed; | ||||||
| 15 | g. The names, addresses, and current licensure and | ||||||
| 16 | operating status of all schools in which the applicant | ||||||
| 17 | has previously owned any interest, and a declaration | ||||||
| 18 | as to whether any of these schools were ever denied | ||||||
| 19 | accreditation or licensing or lost accreditation or | ||||||
| 20 | licensing from any governmental body or accrediting | ||||||
| 21 | agency; | ||||||
| 22 | h. Each application for a certificate of approval | ||||||
| 23 | shall be signed and certified under oath by the | ||||||
| 24 | school's chief managing employee; | ||||||
| 25 | i. A copy of the school's official transcript; | ||||||
| 26 | j. The required fee; and. | ||||||
| |||||||
| |||||||
| 1 | k. A disclosure of all licenses issued by the | ||||||
| 2 | Department of all owners, partners, or members of the | ||||||
| 3 | school, including license numbers and the current | ||||||
| 4 | status of the license. | ||||||
| 5 | 3. Each application for a license to operate a school | ||||||
| 6 | shall also contain the following commitments: | ||||||
| 7 | a. To conduct the school in accordance with this | ||||||
| 8 | Act and the standards, and rules from time to time | ||||||
| 9 | adopted under this Act and to meet standards and | ||||||
| 10 | requirements at least as stringent as those required | ||||||
| 11 | by Part H of the Federal Higher Education Act of 1965; . | ||||||
| 12 | b. To permit the Department to inspect the school | ||||||
| 13 | or classes thereof from time to time with or without | ||||||
| 14 | notice; and to make available to the Department, at | ||||||
| 15 | any time when required to do so, information including | ||||||
| 16 | financial information pertaining to the activities of | ||||||
| 17 | the school required for the administration of this Act | ||||||
| 18 | and the standards and rules adopted under this Act; | ||||||
| 19 | c. To utilize only advertising and solicitation | ||||||
| 20 | which is free from misrepresentation, deception, | ||||||
| 21 | fraud, or other misleading or unfair trade practices; | ||||||
| 22 | d. To screen applicants to the school prior to | ||||||
| 23 | enrollment pursuant to the requirements of the | ||||||
| 24 | school's regional or national accrediting agency, if | ||||||
| 25 | any, and to maintain any and all records of such | ||||||
| 26 | screening. If the course of instruction is offered in | ||||||
| |||||||
| |||||||
| 1 | a language other than English, the screening shall | ||||||
| 2 | also be performed in that language; | ||||||
| 3 | e. To post in a conspicuous place a statement, | ||||||
| 4 | developed by the Department, of students' student's | ||||||
| 5 | rights provided under this Act. | ||||||
| 6 | 4. The applicant shall establish to the satisfaction | ||||||
| 7 | of the Department that the owner possesses sufficient | ||||||
| 8 | liquid assets to meet the prospective expenses of the | ||||||
| 9 | school for a period of 3 months. In the discretion of the | ||||||
| 10 | Department, additional proof of financial ability may be | ||||||
| 11 | required. | ||||||
| 12 | 5. The applicant shall comply with all rules of the | ||||||
| 13 | Department determining the necessary curriculum and | ||||||
| 14 | equipment required for the conduct of the school. | ||||||
| 15 | 6. The applicant must demonstrate employment of a | ||||||
| 16 | sufficient number of qualified teachers who are holders of | ||||||
| 17 | a current license issued by the Department. | ||||||
| 18 | 7. A final inspection of the barber, cosmetology, | ||||||
| 19 | esthetics, hair braiding, or nail technology school shall | ||||||
| 20 | be made by the Department before the school may commence | ||||||
| 21 | classes. | ||||||
| 22 | 8. A written inspection report must be made by the | ||||||
| 23 | State Fire Marshal or a local fire authority approving the | ||||||
| 24 | use of the proposed premises as a barber, cosmetology, | ||||||
| 25 | esthetics, hair braiding, or nail technology school. | ||||||
| 26 | (Source: P.A. 104-153, eff. 1-1-26; revised 12-12-25.) | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 410/3B-11) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 3 | Sec. 3B-11. Periodic review of barber, cosmetology, | ||||||
| 4 | esthetics, hair braiding, and nail technology schools. All | ||||||
| 5 | licensed schools and courses of instruction are subject to | ||||||
| 6 | 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 | ||||||
| |||||||
| |||||||
| 1 | written notice of cancellation or otherwise, for 7 years from | ||||||
| 2 | the student's first day of attendance. However, a school shall | ||||||
| 3 | retain indefinitely the transcript of each student who | ||||||
| 4 | completes the program and graduates from the school. | ||||||
| 5 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 6 | (225 ILCS 410/3B-12) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 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; | ||||||
| |||||||
| |||||||
| 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 "BUYER'S | ||||||
| 7 | RIGHT TO CANCEL" under which it is explained that the | ||||||
| 8 | 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; and if notice of the right | ||||||
| 11 | to cancel is not given to any prospective student at the | ||||||
| 12 | time the enrollment agreement is signed, then the student | ||||||
| 13 | has the right to cancel the agreement at any time and | ||||||
| 14 | receive a refund of all monies paid to date within 10 days | ||||||
| 15 | 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 | ||||||
| |||||||
| |||||||
| 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, telephone number, and website address for the | ||||||
| 23 | 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 | ||||||
| |||||||
| |||||||
| 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 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 | ||||||
| |||||||
| |||||||
| 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. 104-153, eff. 1-1-26.) | ||||||
| 9 | (225 ILCS 410/3B-15) | ||||||
| 10 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 11 | Sec. 3B-15. Grounds for disciplinary action. In addition | ||||||
| 12 | to any other cause herein set forth the Department may refuse | ||||||
| 13 | to issue or renew and may suspend, place on probation, or | ||||||
| 14 | revoke any license to operate a school, or take any other | ||||||
| 15 | disciplinary or non-disciplinary action that the Department | ||||||
| 16 | may deem proper, including the imposition of fines not to | ||||||
| 17 | exceed $5,000 for each violation, for any one or any | ||||||
| 18 | combination of the following causes: | ||||||
| 19 | (1) Repeated violation of any provision of this Act or | ||||||
| 20 | any standard or rule established under this Act. | ||||||
| 21 | (2) Knowingly furnishing false, misleading, or | ||||||
| 22 | incomplete information to the Department or failure to | ||||||
| 23 | furnish information requested by the Department. | ||||||
| 24 | (3) Violation of any commitment made in an application | ||||||
| 25 | for a license, including failure to maintain standards | ||||||
| |||||||
| |||||||
| 1 | that are the same as, or substantially equivalent to, | ||||||
| 2 | those represented in the school's applications and | ||||||
| 3 | advertising. | ||||||
| 4 | (4) Presenting to prospective students information | ||||||
| 5 | relating to the school, or to employment opportunities or | ||||||
| 6 | opportunities for enrollment in institutions of higher | ||||||
| 7 | learning after entering into or completing courses offered | ||||||
| 8 | by the school, that is false, misleading, or fraudulent. | ||||||
| 9 | (5) Failure to provide premises or equipment or to | ||||||
| 10 | maintain them in a safe and sanitary condition as required | ||||||
| 11 | by law. | ||||||
| 12 | (6) Failure to maintain financial resources adequate | ||||||
| 13 | for the satisfactory conduct of the courses of instruction | ||||||
| 14 | offered or to retain a sufficient and qualified | ||||||
| 15 | instructional and administrative staff. | ||||||
| 16 | (7) Refusal to admit applicants on account of race, | ||||||
| 17 | color, creed, sex, physical or mental disability unrelated | ||||||
| 18 | to ability, religion, or national origin. | ||||||
| 19 | (8) Paying a commission or valuable consideration to | ||||||
| 20 | any person for acts or services performed in violation of | ||||||
| 21 | this Act. | ||||||
| 22 | (9) Attempting to confer a fraudulent degree, diploma, | ||||||
| 23 | or certificate upon a student. | ||||||
| 24 | (10) Failure to correct any deficiency or act of | ||||||
| 25 | noncompliance under this Act or the standards and rules | ||||||
| 26 | established under this Act within reasonable time limits | ||||||
| |||||||
| |||||||
| 1 | set by the Department. | ||||||
| 2 | (11) Conduct of business or instructional services | ||||||
| 3 | other than at locations approved by the Department. | ||||||
| 4 | (12) Failure to make all of the disclosures or making | ||||||
| 5 | inaccurate disclosures to the Department or in the | ||||||
| 6 | enrollment agreement as required under this Act. | ||||||
| 7 | (13) Failure to make appropriate refunds as required | ||||||
| 8 | by this Act. | ||||||
| 9 | (14) Denial, loss, or withdrawal of accreditation by | ||||||
| 10 | any accrediting agency. | ||||||
| 11 | (15) During any calendar year, having a failure rate | ||||||
| 12 | of 25% or greater for those of its students who for the | ||||||
| 13 | first time take the examination authorized by the | ||||||
| 14 | Department to determine fitness to receive a license as a | ||||||
| 15 | barber, barber teacher, cosmetologist, cosmetology | ||||||
| 16 | teacher, esthetician, esthetician teacher, hair braider, | ||||||
| 17 | hair braiding teacher, nail technician, or nail technology | ||||||
| 18 | teacher, provided that a student who transfers into the | ||||||
| 19 | school having completed 50% or more of the required | ||||||
| 20 | program and who takes the examination during that calendar | ||||||
| 21 | year shall not be counted for purposes of determining the | ||||||
| 22 | school's failure rate on an examination, without regard to | ||||||
| 23 | whether that transfer student passes or fails the | ||||||
| 24 | examination. | ||||||
| 25 | (16) Failure to maintain a written record indicating | ||||||
| 26 | the funds received per student and funds paid out per | ||||||
| |||||||
| |||||||
| 1 | student. Such records shall be maintained for a minimum of | ||||||
| 2 | 7 years and shall be made available to the Department upon | ||||||
| 3 | request. Such records shall identify the funding source | ||||||
| 4 | and amount for any student who has enrolled as well as any | ||||||
| 5 | other item set forth by rule. | ||||||
| 6 | (17) Failure to maintain a copy of the student record | ||||||
| 7 | as defined by rule. | ||||||
| 8 | (18) Entering into enrollment agreements or contracts | ||||||
| 9 | with students that are not in accordance with this Act and | ||||||
| 10 | any applicable rules. | ||||||
| 11 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 12 | (225 ILCS 410/3B-16) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 14 | Sec. 3B-16. Exceptions for public schools. The Secretary | ||||||
| 15 | may waive any requirement of this Act or of the rules enacted | ||||||
| 16 | by the Department pursuant to this Act pertaining to the | ||||||
| 17 | operation of a barber, cosmetology, esthetics, hair braiding, | ||||||
| 18 | or nail technology school owned or operated by the Department | ||||||
| 19 | of Corrections, Federal Bureau of Prisons, or a county jail or | ||||||
| 20 | county department of corrections and located in a correctional | ||||||
| 21 | facility to educate inmates that is inconsistent with the | ||||||
| 22 | mission or operations of the Department of Corrections, | ||||||
| 23 | Federal Bureau of Prisons, or a county jail or county | ||||||
| 24 | department of corrections or is detrimental to the safety and | ||||||
| 25 | security of any correctional facility or for any other reason | ||||||
| |||||||
| |||||||
| 1 | related to the operation of the facility. The Secretary may | ||||||
| 2 | waive any requirement of this Act or of the rules enacted by | ||||||
| 3 | the Department pursuant to this Act pertaining to the | ||||||
| 4 | operation of a barber, cosmetology, esthetics, hair braiding, | ||||||
| 5 | or nail technology school owned or operated by a public | ||||||
| 6 | Secondary School including a high school, a School for a | ||||||
| 7 | Designated Purpose, or an a Alternative High School under the | ||||||
| 8 | School Code, and located on the school's property to educate | ||||||
| 9 | students that is inconsistent with the mission or operations | ||||||
| 10 | of the public school or is detrimental to the safety and | ||||||
| 11 | security of the school, or any other reason related to the | ||||||
| 12 | operation of the school. Nothing in this Section 3B-16 exempts | ||||||
| 13 | the Department of Corrections, the Federal Bureau of Prisons, | ||||||
| 14 | a county jail or county department of corrections, or | ||||||
| 15 | Secondary Schools defined as high schools, Schools for a | ||||||
| 16 | Designated Purpose, and Alternative High Schools under the | ||||||
| 17 | School Code from the necessity of licensure. | ||||||
| 18 | (Source: P.A. 104-153, eff. 1-1-26; revised 12-12-25.) | ||||||
| 19 | (225 ILCS 410/Art. IIID heading) | ||||||
| 20 | ARTICLE IIID. COSMETOLOGY, ESTHETICS, HAIR BRAIDING, | ||||||
| 21 | AND NAIL TECHNOLOGY SALONS AND BARBER SHOPS | ||||||
| 22 | (Source: P.A. 96-1246, eff. 1-1-11.) | ||||||
| 23 | (225 ILCS 410/3D-5) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3D-5. Requisites for ownership or operation of | ||||||
| 2 | cosmetology, esthetics, hair braiding, and nail technology | ||||||
| 3 | salons and barber shops. | ||||||
| 4 | (a) No person, firm, partnership, limited liability | ||||||
| 5 | company, professional limited liability company, corporation, | ||||||
| 6 | or professional service corporation shall own or operate a | ||||||
| 7 | cosmetology, esthetics, hair braiding, or nail technology | ||||||
| 8 | salon or barber shop or employ, rent space to, or | ||||||
| 9 | independently contract with any licensee under this Act | ||||||
| 10 | without applying on forms provided by the Department for a | ||||||
| 11 | certificate of registration. This registration shall be in | ||||||
| 12 | addition to and shall not replace or supersede any other | ||||||
| 13 | business license, registration, or permit that may be required | ||||||
| 14 | by local municipalities or other governmental entities to own | ||||||
| 15 | or operate a business in the governmental entity's | ||||||
| 16 | jurisdiction. The issuance of a license, registration, or | ||||||
| 17 | permit by a municipality or another governmental entity to a | ||||||
| 18 | salon or shop shall not waive the requirement to obtain a | ||||||
| 19 | certificate of registration from the Department to own or | ||||||
| 20 | operate a salon or shop. | ||||||
| 21 | (b) The application for a certificate of registration | ||||||
| 22 | under this Section shall set forth the name, address, and | ||||||
| 23 | telephone number of the proposed cosmetology, esthetics, hair | ||||||
| 24 | braiding, or nail technology salon or barber shop; the name, | ||||||
| 25 | address, and telephone number of the person, firm, | ||||||
| 26 | partnership, limited liability company, professional limited | ||||||
| |||||||
| |||||||
| 1 | liability company, corporation, or professional service | ||||||
| 2 | corporation that is to own or operate the salon or shop; the | ||||||
| 3 | license number of the owner or operator of the shop if they are | ||||||
| 4 | licensed under the Act or the name and license number of the | ||||||
| 5 | individual manager of the salon or shop; and, if the salon or | ||||||
| 6 | shop is to be owned or operated by an entity other than an | ||||||
| 7 | individual, the name, address, and telephone number of the | ||||||
| 8 | managing partner or the chief executive officer of the | ||||||
| 9 | corporation or other entity that owns or operates the salon or | ||||||
| 10 | shop. A person who is not licensed under the Act may own or | ||||||
| 11 | operate a salon or shop, but may not practice barbering, | ||||||
| 12 | cosmetology, esthetics, hair braiding, or nail technology. An | ||||||
| 13 | unlicensed owner or operator of a salon or shop shall employ at | ||||||
| 14 | least one person as a manager who holds a license under the Act | ||||||
| 15 | and manages the salon or shop. The licensed owner, operator, | ||||||
| 16 | or manager of a salon or shop shall ensure that the salon or | ||||||
| 17 | shop operates in compliance with this Act and any applicable | ||||||
| 18 | rules, and the owner's, operator's, or manager's name and | ||||||
| 19 | license number shall be posted with the certificate of | ||||||
| 20 | registration at the salon or shop. | ||||||
| 21 | (c) The Department shall be notified by the owner or | ||||||
| 22 | operator of a salon or shop that is moved to a new location. If | ||||||
| 23 | there is a change in the ownership or operation or manager of a | ||||||
| 24 | salon or shop, the new owner, operator, or manager shall | ||||||
| 25 | report that change to the Department along with completion of | ||||||
| 26 | any additional requirements set forth by rule. | ||||||
| |||||||
| |||||||
| 1 | (d) If a person, firm, partnership, limited liability | ||||||
| 2 | company, professional limited liability company, corporation, | ||||||
| 3 | or professional service corporation owns or operates more than | ||||||
| 4 | one shop or salon, a separate certificate of registration must | ||||||
| 5 | be obtained for each salon or shop. | ||||||
| 6 | (e) A certificate of registration granted under this | ||||||
| 7 | Section may be revoked in accordance with the provisions of | ||||||
| 8 | Article IV and the holder of the certificate and any licensed | ||||||
| 9 | managers may be otherwise disciplined by the Department in | ||||||
| 10 | accordance with rules adopted under this Act. | ||||||
| 11 | (f) The Department may promulgate rules to establish | ||||||
| 12 | additional requirements for owning or operating a salon or | ||||||
| 13 | shop. | ||||||
| 14 | (g) The requirement of a certificate of registration as | ||||||
| 15 | set forth in this Section shall also apply to any person, firm, | ||||||
| 16 | partnership, limited liability company, professional limited | ||||||
| 17 | liability company, corporation, or professional service | ||||||
| 18 | corporation providing barbering, cosmetology, esthetics, hair | ||||||
| 19 | braiding, or nail technology services at any location not | ||||||
| 20 | owned or rented by such person, firm, partnership, limited | ||||||
| 21 | liability company, professional limited liability company, | ||||||
| 22 | corporation, or professional service corporation for these | ||||||
| 23 | purposes or from a mobile shop or salon. Notwithstanding any | ||||||
| 24 | provision of this Section, applicants for a certificate of | ||||||
| 25 | registration under this subsection (g) shall report in its | ||||||
| 26 | application the address and telephone number of its office and | ||||||
| |||||||
| |||||||
| 1 | shall not be required to report the location where services | ||||||
| 2 | are or will be rendered. Nothing in this subsection (g) shall | ||||||
| 3 | apply to a sole proprietor who has no employees or contractors | ||||||
| 4 | and is not operating a mobile shop or salon. | ||||||
| 5 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 6 | (225 ILCS 410/4-1) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 8 | Sec. 4-1. Powers and duties of Department. The Department | ||||||
| 9 | shall exercise, subject to the provisions of this Act, the | ||||||
| 10 | following functions, powers and duties: | ||||||
| 11 | (1) To cause to be conducted examinations to ascertain | ||||||
| 12 | the qualifications and fitness of applicants for licensure | ||||||
| 13 | as cosmetologists, estheticians, nail technicians, hair | ||||||
| 14 | braiders, or barbers and as cosmetology, esthetics, nail | ||||||
| 15 | technology, hair braiding, or barber teachers. | ||||||
| 16 | (2) To determine the qualifications for licensure as | ||||||
| 17 | (i) a cosmetologist, esthetician, nail technician, hair | ||||||
| 18 | braider, or barber, or (ii) a cosmetology, esthetics, nail | ||||||
| 19 | technology, hair braiding, or barber teacher, or (iii) a | ||||||
| 20 | cosmetology clinic teacher for persons currently holding | ||||||
| 21 | similar licenses outside the State of Illinois or the | ||||||
| 22 | continental U.S. | ||||||
| 23 | (3) To prescribe rules for: | ||||||
| 24 | (i) The method of examination of candidates for | ||||||
| 25 | licensure as a cosmetologist, esthetician, nail | ||||||
| |||||||
| |||||||
| 1 | technician, hair braider, or barber or cosmetology, | ||||||
| 2 | esthetics, nail technology, hair braiding, or barber | ||||||
| 3 | teacher. | ||||||
| 4 | (ii) Minimum standards as to what constitutes an | ||||||
| 5 | approved cosmetology, esthetics, nail technology, hair | ||||||
| 6 | braiding, or barber school. | ||||||
| 7 | (iii) Minimum standards as to what constitutes an | ||||||
| 8 | approved continuing education sponsor for the | ||||||
| 9 | professions under this Act. | ||||||
| 10 | (4) To conduct investigations or hearings on | ||||||
| 11 | proceedings to determine disciplinary action. | ||||||
| 12 | (5) To conduct inspections of cosmetology, esthetics, | ||||||
| 13 | nail technology, hair braiding, or barber schools, salons, | ||||||
| 14 | or shops for compliance with this Act and any applicable | ||||||
| 15 | rules and to prescribe reasonable rules governing the | ||||||
| 16 | sanitary regulation and inspection of cosmetology, | ||||||
| 17 | esthetics, nail technology, hair braiding, or barber | ||||||
| 18 | schools, salons, or shops. | ||||||
| 19 | (6) To prescribe reasonable rules for the method of | ||||||
| 20 | renewal for each license as a cosmetologist, esthetician, | ||||||
| 21 | nail technician, hair braider, or barber or cosmetology, | ||||||
| 22 | esthetics, nail technology, hair braiding, or barber | ||||||
| 23 | teacher or cosmetology clinic teacher or for schools and | ||||||
| 24 | continuing education sponsors. | ||||||
| 25 | (7) To prescribe reasonable rules for the method of | ||||||
| 26 | registration, the issuance, fees, renewal and discipline | ||||||
| |||||||
| |||||||
| 1 | of a certificate of registration for the ownership or | ||||||
| 2 | operation of cosmetology, esthetics, hair braiding, and | ||||||
| 3 | nail technology salons and barber shops. | ||||||
| 4 | (8) To adopt rules concerning sanitation requirements, | ||||||
| 5 | requirements for education on sanitation, and any other | ||||||
| 6 | health concerns associated with threading. | ||||||
| 7 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 8 | (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2) | ||||||
| 9 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 10 | Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair | ||||||
| 11 | Braiding, and Nail Technology Board. There is established | ||||||
| 12 | within the Department the Barber, Cosmetology, Esthetics, Hair | ||||||
| 13 | Braiding, and Nail Technology Board, composed of 11 persons | ||||||
| 14 | appointed by the Secretary, which shall serve in an advisory | ||||||
| 15 | capacity to the Secretary in all matters related to the | ||||||
| 16 | practice of barbering, cosmetology, esthetics, hair braiding, | ||||||
| 17 | and nail technology. | ||||||
| 18 | The 11 members of the Board shall be appointed as follows: | ||||||
| 19 | 4 licensed cosmetologists or cosmetology teachers, all of whom | ||||||
| 20 | hold a current license as a cosmetologist or cosmetology | ||||||
| 21 | teacher and, for appointments made after the effective date of | ||||||
| 22 | this amendatory Act of 1996, at least one of whom shall be an | ||||||
| 23 | owner of or a major stockholder in a school of cosmetology, one | ||||||
| 24 | of whom shall be a representative of either a franchiser or an | ||||||
| 25 | owner operating salons in 2 or more locations within the | ||||||
| |||||||
| |||||||
| 1 | State, and one of whom shall be an independent salon owner; one | ||||||
| 2 | of whom shall be a licensed barber, esthetician, or nail | ||||||
| 3 | technician, or hair braider or a teacher of one these | ||||||
| 4 | professions who shall be an owner of or major stockholder in a | ||||||
| 5 | school of barbering, esthetics, or nail technology, or hair | ||||||
| 6 | braiding; one of whom shall be a licensed barber, esthetician, | ||||||
| 7 | or nail technician, or hair braider and an owner operating one | ||||||
| 8 | or more shops or salons registered under this Act; one of whom | ||||||
| 9 | shall be a licensed barber or barber teacher; one member who | ||||||
| 10 | shall be a licensed esthetician or esthetics teacher; one | ||||||
| 11 | member who shall be a licensed nail technician or nail | ||||||
| 12 | technology teacher; one member who shall be a licensed | ||||||
| 13 | cosmetologist, barber, nail technician, esthetician, or a | ||||||
| 14 | licensed cosmetology, barber, esthetics, or nail technology | ||||||
| 15 | teacher; one member who shall be a licensed hair braider or | ||||||
| 16 | hair braiding teacher; and one public member, as defined in | ||||||
| 17 | Section 1-4 of this Act, who holds no licenses issued by the | ||||||
| 18 | Department under this Act; and none of the members shall be a | ||||||
| 19 | manufacturer, jobber, or stockholder in a factory of | ||||||
| 20 | cosmetology articles or an immediate family member of a | ||||||
| 21 | manufacturer, jobber, or stockholder in a factory of | ||||||
| 22 | cosmetology articles. The Secretary shall give due | ||||||
| 23 | consideration for membership to recommendations by members of | ||||||
| 24 | the professions and by their professional organizations. Each | ||||||
| 25 | member shall serve a term of 4 years or until their successors | ||||||
| 26 | are appointed and qualified. No member shall serve on the | ||||||
| |||||||
| |||||||
| 1 | Board for more than 2 full consecutive terms or for a term that | ||||||
| 2 | would cause the member's continuous service on the Board to be | ||||||
| 3 | longer than 10 years. A member who has served 2 full | ||||||
| 4 | consecutive terms or who has served on the Board for 10 years | ||||||
| 5 | shall not again serve as a member of the board until 4 years | ||||||
| 6 | have passed since the member's last term of service. In the | ||||||
| 7 | case of a Board member position that is vacated before the end | ||||||
| 8 | of the member's term, an individual may be appointed to serve | ||||||
| 9 | the unexpired portion of that term, and appointments to fill | ||||||
| 10 | vacancies shall be made in the same manner as original | ||||||
| 11 | appointments. Members of the Board in office on the effective | ||||||
| 12 | date of any Public Act that makes changes to the requirements | ||||||
| 13 | for membership to the Board shall continue to serve for the | ||||||
| 14 | duration of the terms to which they have been appointed, but | ||||||
| 15 | beginning on the effective date of a new Public Act, all | ||||||
| 16 | appointments of new members to the Board shall be made in a | ||||||
| 17 | manner that will effect at the earliest possible date the | ||||||
| 18 | changes made by the Public Act in the representative | ||||||
| 19 | composition of the Board. | ||||||
| 20 | A majority of the Board members currently appointed shall | ||||||
| 21 | constitute a quorum. A vacancy in the membership of the Board | ||||||
| 22 | shall not impair the right of a quorum to perform all duties of | ||||||
| 23 | the Board. A majority is required for Board decisions. | ||||||
| 24 | The Board shall elect a chairperson and a vice chairperson | ||||||
| 25 | annually. | ||||||
| 26 | The Secretary has the authority to remove any member of | ||||||
| |||||||
| |||||||
| 1 | the Board for cause at any time. The Secretary shall be the | ||||||
| 2 | sole arbiter of cause. The Secretary may remove a member of the | ||||||
| 3 | Board who does not attend 2 consecutive meetings. | ||||||
| 4 | Board members are not liable for their acts, omissions, | ||||||
| 5 | decisions, or other conduct in connection with their duties on | ||||||
| 6 | the Board, except those determined to be willful, wanton, or | ||||||
| 7 | intentional misconduct. | ||||||
| 8 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 9 | (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4) | ||||||
| 10 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 11 | Sec. 4-4. Issuance of license. Whenever the provisions of | ||||||
| 12 | this Act and any applicable rules have been complied with, the | ||||||
| 13 | Department shall issue a license as a cosmetologist, | ||||||
| 14 | esthetician, nail technician, hair braider, or barber, a | ||||||
| 15 | license as a cosmetology, esthetics, nail technology, hair | ||||||
| 16 | braiding, or barber teacher, or a license as a cosmetology | ||||||
| 17 | clinic teacher as the case may be. | ||||||
| 18 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 19 | (225 ILCS 410/4-6.1) | ||||||
| 20 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 21 | Sec. 4-6.1. Applicant convictions. | ||||||
| 22 | (a) When reviewing a conviction by plea of guilty or nolo | ||||||
| 23 | contendere, finding of guilt, jury verdict, or entry of | ||||||
| 24 | judgment or by sentencing of an initial applicant, the | ||||||
| |||||||
| |||||||
| 1 | Department may only deny a license based upon consideration of | ||||||
| 2 | mitigating factors provided in subsection (c) of this Section | ||||||
| 3 | for a felony directly related to the practice of cosmetology, | ||||||
| 4 | esthetics, hair braiding, nail technology, and barbering. | ||||||
| 5 | (b) The following crimes or similar offenses in any other | ||||||
| 6 | jurisdiction are hereby deemed directly related to the | ||||||
| 7 | practice of cosmetology, esthetics, hair braiding, nail | ||||||
| 8 | technology, and barbering: | ||||||
| 9 | (1) first degree murder; | ||||||
| 10 | (2) second degree murder; | ||||||
| 11 | (3) drug induced homicide; | ||||||
| 12 | (4) unlawful restraint; | ||||||
| 13 | (5) aggravated unlawful restraint; | ||||||
| 14 | (6) forcible detention; | ||||||
| 15 | (7) involuntary servitude; | ||||||
| 16 | (8) involuntary sexual servitude of a minor; | ||||||
| 17 | (9) predatory criminal sexual assault of a child; | ||||||
| 18 | (10) aggravated criminal sexual assault; | ||||||
| 19 | (11) criminal sexual assault; | ||||||
| 20 | (12) criminal sexual abuse; | ||||||
| 21 | (13) aggravated kidnaping; | ||||||
| 22 | (14) aggravated robbery; | ||||||
| 23 | (15) armed robbery; | ||||||
| 24 | (16) kidnapping; | ||||||
| 25 | (17) aggravated battery; | ||||||
| 26 | (18) aggravated vehicular hijacking; | ||||||
| |||||||
| |||||||
| 1 | (19) terrorism; | ||||||
| 2 | (20) causing a catastrophe; | ||||||
| 3 | (21) possession of a deadly substance; | ||||||
| 4 | (22) making a terrorist threat; | ||||||
| 5 | (23) material support for terrorism; | ||||||
| 6 | (24) hindering prosecution of terrorism; | ||||||
| 7 | (25) armed violence; | ||||||
| 8 | (26) any felony based on consumer fraud or deceptive | ||||||
| 9 | business practices under the Consumer Fraud and Deceptive | ||||||
| 10 | Business Practices Act; | ||||||
| 11 | (27) any felony requiring registration as a sex | ||||||
| 12 | offender under the Sex Offender Registration Act; | ||||||
| 13 | (28) attempt of any the offenses set forth in | ||||||
| 14 | paragraphs (1) through (27) of this subsection (b); and | ||||||
| 15 | (29) convictions set forth in Section 4-20 of this | ||||||
| 16 | Act. | ||||||
| 17 | (c) The Department shall consider any mitigating factors | ||||||
| 18 | contained in the record, when determining the appropriate | ||||||
| 19 | disciplinary sanction, if any, to be imposed. In addition to | ||||||
| 20 | those set forth in Section 2105-130 of the Department of | ||||||
| 21 | Professional Regulation Law of the Civil Administrative Code | ||||||
| 22 | of Illinois, mitigating factors shall include the following: | ||||||
| 23 | (1) the bearing, if any, the criminal offense or | ||||||
| 24 | offenses for which the person was previously convicted | ||||||
| 25 | will have on his or her fitness or ability to perform one | ||||||
| 26 | or more such duties and responsibilities; | ||||||
| |||||||
| |||||||
| 1 | (2) the time that has elapsed since the criminal | ||||||
| 2 | conviction; and | ||||||
| 3 | (3) the age of the person at the time of the criminal | ||||||
| 4 | conviction. | ||||||
| 5 | (d) The Department shall issue an annual report by January | ||||||
| 6 | 31, 2018 and by January 31 each year thereafter, indicating | ||||||
| 7 | the following: | ||||||
| 8 | (1) the number of initial applicants for a license | ||||||
| 9 | under this Act within the preceding calendar year; | ||||||
| 10 | (2) the number of initial applicants for a license | ||||||
| 11 | under this Act within the previous calendar year who had a | ||||||
| 12 | conviction; | ||||||
| 13 | (3) the number of applicants with a conviction who | ||||||
| 14 | were granted a license under this Act within the previous | ||||||
| 15 | year; | ||||||
| 16 | (4) the number of applicants denied a license under | ||||||
| 17 | this Act within the preceding calendar year; and | ||||||
| 18 | (5) the number of applicants denied a license under | ||||||
| 19 | this Act solely on the basis of a conviction within the | ||||||
| 20 | preceding calendar year. | ||||||
| 21 | (e) Nothing in this Section shall prevent the Department | ||||||
| 22 | taking disciplinary or non-disciplinary action against a | ||||||
| 23 | license as set forth in paragraph (2) of subsection (1) of | ||||||
| 24 | Section 4-7 of this Act. | ||||||
| 25 | (Source: P.A. 99-876, eff. 1-1-17.) | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 410/4-7) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 3 | Sec. 4-7. Refusal, suspension, and revocation of licenses; | ||||||
| 4 | causes; disciplinary action. | ||||||
| 5 | (1) The Department may refuse to issue or renew, and may | ||||||
| 6 | suspend, revoke, place on probation, reprimand, or take any | ||||||
| 7 | other disciplinary or non-disciplinary action as the | ||||||
| 8 | Department may deem proper, including civil penalties not to | ||||||
| 9 | exceed $500 for each violation, with regard to any license or | ||||||
| 10 | registration for any one, or any combination, of the following | ||||||
| 11 | causes: | ||||||
| 12 | a. For licensees, conviction of any crime under the | ||||||
| 13 | laws of the United States or any state or territory | ||||||
| 14 | thereof that is (i) a felony, (ii) a misdemeanor, an | ||||||
| 15 | essential element of which is dishonesty, or (iii) a crime | ||||||
| 16 | which is related to the practice of the profession and, | ||||||
| 17 | for initial applicants, convictions set forth in Section | ||||||
| 18 | 4-6.1 of this Act. | ||||||
| 19 | b. Conviction of any of the violations listed in | ||||||
| 20 | Section 4-20. | ||||||
| 21 | c. Material misstatement in furnishing information to | ||||||
| 22 | the Department. | ||||||
| 23 | d. Making any misrepresentation for the purpose of | ||||||
| 24 | obtaining a license or violating any provision of this Act | ||||||
| 25 | or its rules. | ||||||
| 26 | e. Aiding or assisting another person in violating any | ||||||
| |||||||
| |||||||
| 1 | provision of this Act or its rules. | ||||||
| 2 | f. Failing, within 60 days, to provide information in | ||||||
| 3 | response to a written request made by the Department. | ||||||
| 4 | g. Discipline by another state, territory, or country | ||||||
| 5 | if at least one of the grounds for the discipline is the | ||||||
| 6 | same as or substantially equivalent to those set forth in | ||||||
| 7 | this Act. | ||||||
| 8 | h. Practice in the barber, nail technology, esthetics, | ||||||
| 9 | hair braiding, or cosmetology profession, or an attempt to | ||||||
| 10 | practice in those professions, by fraudulent | ||||||
| 11 | misrepresentation. | ||||||
| 12 | i. Gross malpractice or gross incompetency. | ||||||
| 13 | j. Continued practice by a person knowingly having an | ||||||
| 14 | infectious or contagious disease. | ||||||
| 15 | k. Solicitation of professional services by using | ||||||
| 16 | false or misleading advertising. | ||||||
| 17 | l. A finding by the Department that the licensee, | ||||||
| 18 | after having his or her license placed on probationary | ||||||
| 19 | status, has violated the terms of probation. | ||||||
| 20 | m. Directly or indirectly giving to or receiving from | ||||||
| 21 | any person, firm, corporation, professional service | ||||||
| 22 | corporation, partnership, limited liability company, | ||||||
| 23 | professional limited liability company, or association any | ||||||
| 24 | fee, commission, rebate, or other form of compensation for | ||||||
| 25 | any professional services not actually or personally | ||||||
| 26 | rendered. | ||||||
| |||||||
| |||||||
| 1 | n. Violating any of the provisions of this Act or | ||||||
| 2 | rules adopted pursuant to this Act. | ||||||
| 3 | o. Willfully making or filing false records or reports | ||||||
| 4 | relating to a licensee's practice, including, but not | ||||||
| 5 | limited to, false records filed with State agencies or | ||||||
| 6 | departments. | ||||||
| 7 | p. Habitual or excessive use or addiction to alcohol, | ||||||
| 8 | narcotics, stimulants, or any other chemical agent or drug | ||||||
| 9 | that results in the inability to practice with reasonable | ||||||
| 10 | judgment, skill, or safety. | ||||||
| 11 | q. Engaging in dishonorable, unethical, or | ||||||
| 12 | unprofessional conduct of a character likely to deceive, | ||||||
| 13 | defraud, or harm the public as may be defined by rules of | ||||||
| 14 | the Department, or violating the rules of professional | ||||||
| 15 | conduct which may be adopted by the Department. | ||||||
| 16 | r. Permitting any person to use for any unlawful or | ||||||
| 17 | fraudulent purpose one's diploma or license or certificate | ||||||
| 18 | of registration as a cosmetologist, nail technician, | ||||||
| 19 | esthetician, hair braider, or barber or cosmetology, nail | ||||||
| 20 | technology, esthetics, hair braiding, or barber teacher or | ||||||
| 21 | salon or shop or cosmetology clinic teacher or a school or | ||||||
| 22 | continuing education sponsor. | ||||||
| 23 | s. Being named as a perpetrator in an indicated report | ||||||
| 24 | by the Department of Children and Family Services under | ||||||
| 25 | the Abused and Neglected Child Reporting Act and upon | ||||||
| 26 | proof by clear and convincing evidence that the licensee | ||||||
| |||||||
| |||||||
| 1 | has caused a child to be an abused child or neglected child | ||||||
| 2 | as defined in the Abused and Neglected Child Reporting | ||||||
| 3 | Act. | ||||||
| 4 | t. Operating a school, salon, or shop without a valid | ||||||
| 5 | license or registration. | ||||||
| 6 | u. Failure to complete required continuing education | ||||||
| 7 | hours. | ||||||
| 8 | v. Using any technique, product, or practice intended | ||||||
| 9 | to affect the living layers of the skin. | ||||||
| 10 | w. v. Operating, owning, or managing a school, salon, | ||||||
| 11 | or shop that is cited for sanitary violations by the | ||||||
| 12 | Department. | ||||||
| 13 | (2) In rendering an order, the Secretary shall take into | ||||||
| 14 | consideration the facts and circumstances involving the type | ||||||
| 15 | of acts or omissions in paragraph (1) of this Section, | ||||||
| 16 | including, but not limited to: | ||||||
| 17 | (a) the extent to which public confidence in the | ||||||
| 18 | cosmetology, nail technology, esthetics, hair braiding, or | ||||||
| 19 | barbering profession was, might have been, or may be, | ||||||
| 20 | injured; | ||||||
| 21 | (b) the degree of trust and dependence among the | ||||||
| 22 | involved parties; | ||||||
| 23 | (c) the character and degree of harm which did result | ||||||
| 24 | or might have resulted; | ||||||
| 25 | (d) the intent or mental state of the licensee at the | ||||||
| 26 | time of the acts or omissions. | ||||||
| |||||||
| |||||||
| 1 | (3) The Department may reissue the license or registration | ||||||
| 2 | upon certification by the Board that the disciplined licensee | ||||||
| 3 | or registrant has complied with all of the terms and | ||||||
| 4 | conditions set forth in the final order or has been | ||||||
| 5 | sufficiently rehabilitated to warrant the public trust. | ||||||
| 6 | (4) The Department shall refuse to issue or renew or | ||||||
| 7 | suspend without hearing the license or certificate of | ||||||
| 8 | registration of any person who fails to file a return, or to | ||||||
| 9 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
| 10 | to pay any final assessment of tax, penalty, or interest, as | ||||||
| 11 | required by any tax Act administered by the Illinois | ||||||
| 12 | Department of Revenue, until such time as the requirements of | ||||||
| 13 | any such tax Act are satisfied as determined by the Department | ||||||
| 14 | of Revenue. | ||||||
| 15 | (5) (Blank). | ||||||
| 16 | (6) All fines imposed under this Section shall be paid | ||||||
| 17 | within 60 days after the effective date of the order imposing | ||||||
| 18 | the fine or in accordance with the terms set forth in the order | ||||||
| 19 | imposing the fine. | ||||||
| 20 | (Source: P.A. 104-134, eff. 8-1-25; 104-153, eff. 1-1-26; | ||||||
| 21 | revised 11-21-25.) | ||||||
| 22 | (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9) | ||||||
| 23 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 24 | Sec. 4-9. Practice without a license or after suspension | ||||||
| 25 | or revocation thereof. | ||||||
| |||||||
| |||||||
| 1 | (a) If any person, association, firm, partnership, limited | ||||||
| 2 | liability company, professional limited liability company, | ||||||
| 3 | corporation, or professional service corporation violates the | ||||||
| 4 | provisions of this Act, the Secretary may, in the name of the | ||||||
| 5 | People of the State of Illinois, through the Attorney General | ||||||
| 6 | of the State of Illinois, petition, for an order enjoining | ||||||
| 7 | such violation or for an order enforcing compliance with this | ||||||
| 8 | Act. Upon the filing of a verified petition in such court, the | ||||||
| 9 | court may issue a temporary restraining order, without notice | ||||||
| 10 | or bond, and may preliminarily and permanently enjoin such | ||||||
| 11 | violation, and if it is established that such person, | ||||||
| 12 | association, firm, partnership, limited liability company, | ||||||
| 13 | professional limited liability company, corporation, or | ||||||
| 14 | professional service corporation has violated or is violating | ||||||
| 15 | the injunction, the Court may punish the offender for contempt | ||||||
| 16 | of court. Proceedings under this Section shall be in addition | ||||||
| 17 | to, and not in lieu of, all other remedies and penalties | ||||||
| 18 | provided by this Act. | ||||||
| 19 | (b) If any person shall practice as a barber, | ||||||
| 20 | cosmetologist, nail technician, hair braider, or esthetician, | ||||||
| 21 | or teacher thereof or cosmetology clinic teacher or hold | ||||||
| 22 | himself or herself out as such without being licensed under | ||||||
| 23 | the provisions of this Act, any licensee, any interested | ||||||
| 24 | party, or any person injured thereby may, in addition to the | ||||||
| 25 | Secretary, petition for relief as provided in subsection (a) | ||||||
| 26 | of this Section. | ||||||
| |||||||
| |||||||
| 1 | (c) Whenever in the opinion of the Department any person, | ||||||
| 2 | association, partnership, firm, limited liability company, | ||||||
| 3 | professional limited liability company, corporation, | ||||||
| 4 | professional service corporation, or other legal entity has | ||||||
| 5 | violated any provision of Section 1-7 or 3D-5 of this Act, the | ||||||
| 6 | Department may issue a rule to show cause why an order to cease | ||||||
| 7 | and desist should not be entered against that person, firm, | ||||||
| 8 | corporation, or legal entity. The rule shall clearly set forth | ||||||
| 9 | the grounds relied upon by the Department and shall provide a | ||||||
| 10 | period of 7 days from the date of the rule to file an answer to | ||||||
| 11 | the satisfaction of the Department. Failure to answer to the | ||||||
| 12 | satisfaction of the Department shall cause an order to cease | ||||||
| 13 | and desist to be issued immediately. | ||||||
| 14 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 15 | (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 17 | Sec. 4-19. Emergency suspension. The Secretary may | ||||||
| 18 | temporarily suspend the license of a barber, cosmetologist, | ||||||
| 19 | nail technician, or hair braider, esthetician or teacher | ||||||
| 20 | thereof 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 possession | ||||||
| 24 | indicates that the licensee's continuation in practice would | ||||||
| 25 | constitute an imminent danger to the public. In the event that | ||||||
| |||||||
| |||||||
| 1 | the Secretary suspends, temporarily, this license without a | ||||||
| 2 | hearing, a hearing must be commenced within 30 days after such | ||||||
| 3 | suspension has occurred. | ||||||
| 4 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 5 | (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20) | ||||||
| 6 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 7 | Sec. 4-20. Violations; penalties. Whoever violates any of | ||||||
| 8 | the following shall, for the first offense, be guilty of a | ||||||
| 9 | Class B misdemeanor; for the second offense, shall be guilty | ||||||
| 10 | of a Class A misdemeanor; and for all subsequent offenses, | ||||||
| 11 | shall be guilty of a Class 4 felony and be fined not less than | ||||||
| 12 | $1,000 or more than $5,000. | ||||||
| 13 | (1) The practice of cosmetology, nail technology, | ||||||
| 14 | esthetics, hair braiding, or barbering or an attempt to | ||||||
| 15 | practice cosmetology, nail technology, esthetics, hair | ||||||
| 16 | braiding, or barbering without a license as a | ||||||
| 17 | cosmetologist, nail technician, esthetician, hair braider, | ||||||
| 18 | or barber; or the practice or attempt to practice as a | ||||||
| 19 | cosmetology, nail technology, esthetics, hair braiding, or | ||||||
| 20 | barber teacher without a license as a cosmetology, nail | ||||||
| 21 | technology, esthetics, hair braiding, or barber teacher; | ||||||
| 22 | or the practice or attempt to practice as a cosmetology | ||||||
| 23 | clinic teacher without a proper license. | ||||||
| 24 | (2) The obtaining of or an attempt to obtain a license | ||||||
| 25 | or money or any other thing of value by fraudulent | ||||||
| |||||||
| |||||||
| 1 | misrepresentation. | ||||||
| 2 | (3) Practice in the barber, nail technology, | ||||||
| 3 | cosmetology, hair braiding, or esthetic profession, or an | ||||||
| 4 | attempt to practice in those professions, by fraudulent | ||||||
| 5 | misrepresentation. | ||||||
| 6 | (4) Wilfully making any false oath or affirmation | ||||||
| 7 | whenever an oath or affirmation is required by this Act. | ||||||
| 8 | (5) The use of any technique, product, or practice | ||||||
| 9 | intended to affect the living layers of the skin in the | ||||||
| 10 | practice of cosmetology, nail technology, esthetics, hair | ||||||
| 11 | braiding, or barbering. | ||||||
| 12 | (6) The violation of any of the provisions of this | ||||||
| 13 | Act. | ||||||
| 14 | (Source: P.A. 104-134, eff. 8-1-25.) | ||||||
| 15 | (225 ILCS 410/Art. IIIE rep.) | ||||||
| 16 | Section 903. The Barber, Cosmetology, Esthetics, and Nail | ||||||
| 17 | Technology Act of 1985 is amended by repealing Article IIIE. | ||||||
| 18 | Section 905. The Unified Code of Corrections is amended by | ||||||
| 19 | changing Section 5-5-5 as follows: | ||||||
| 20 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5) | ||||||
| 21 | Sec. 5-5-5. Loss and restoration of rights. | ||||||
| 22 | (a) Conviction and disposition shall not entail the loss | ||||||
| 23 | by the defendant of any civil rights, except under this | ||||||
| |||||||
| |||||||
| 1 | Section and Sections 29-6 and 29-10 of The Election Code, as | ||||||
| 2 | now or hereafter amended. | ||||||
| 3 | (b) A person convicted of a felony shall be ineligible to | ||||||
| 4 | hold an office created by the Constitution of this State until | ||||||
| 5 | the completion of his sentence. | ||||||
| 6 | (b-5) Notwithstanding any other provision of law, a person | ||||||
| 7 | convicted of a felony, bribery, perjury, or other infamous | ||||||
| 8 | crime for an offense committed on or after the effective date | ||||||
| 9 | of this amendatory Act of the 103rd General Assembly and | ||||||
| 10 | committed while he or she was serving as a public official in | ||||||
| 11 | this State is ineligible to hold any local public office or any | ||||||
| 12 | office created by the Constitution of this State unless the | ||||||
| 13 | person's conviction is reversed, the person is again restored | ||||||
| 14 | to such rights by the terms of a pardon for the offense, the | ||||||
| 15 | person has received a restoration of rights by the Governor, | ||||||
| 16 | or the person's rights are otherwise restored by law. | ||||||
| 17 | (c) A person sentenced to imprisonment shall lose his | ||||||
| 18 | right to vote until released from imprisonment. | ||||||
| 19 | (d) On completion of sentence of imprisonment or upon | ||||||
| 20 | discharge from probation, conditional discharge or periodic | ||||||
| 21 | imprisonment, or at any time thereafter, all license rights | ||||||
| 22 | and privileges granted under the authority of this State which | ||||||
| 23 | have been revoked or suspended because of conviction of an | ||||||
| 24 | offense shall be restored unless the authority having | ||||||
| 25 | jurisdiction of such license rights finds after investigation | ||||||
| 26 | and hearing that restoration is not in the public interest. | ||||||
| |||||||
| |||||||
| 1 | This paragraph (d) shall not apply to the suspension or | ||||||
| 2 | revocation of a license to operate a motor vehicle under the | ||||||
| 3 | Illinois Vehicle Code. | ||||||
| 4 | (e) Upon a person's discharge from incarceration or | ||||||
| 5 | parole, or upon a person's discharge from probation or at any | ||||||
| 6 | time thereafter, the committing court may enter an order | ||||||
| 7 | certifying that the sentence has been satisfactorily completed | ||||||
| 8 | when the court believes it would assist in the rehabilitation | ||||||
| 9 | of the person and be consistent with the public welfare. Such | ||||||
| 10 | order may be entered upon the motion of the defendant or the | ||||||
| 11 | State or upon the court's own motion. | ||||||
| 12 | (f) Upon entry of the order, the court shall issue to the | ||||||
| 13 | person in whose favor the order has been entered a certificate | ||||||
| 14 | stating that his behavior after conviction has warranted the | ||||||
| 15 | issuance of the order. | ||||||
| 16 | (g) This Section shall not affect the right of a defendant | ||||||
| 17 | to collaterally attack his conviction or to rely on it in bar | ||||||
| 18 | of subsequent proceedings for the same offense. | ||||||
| 19 | (h) No application for any license specified in subsection | ||||||
| 20 | (i) of this Section granted under the authority of this State | ||||||
| 21 | shall be denied by reason of an eligible offender who has | ||||||
| 22 | obtained a certificate of relief from disabilities, as defined | ||||||
| 23 | in Article 5.5 of this Chapter, having been previously | ||||||
| 24 | convicted of one or more criminal offenses, or by reason of a | ||||||
| 25 | finding of lack of "good moral character" when the finding is | ||||||
| 26 | based upon the fact that the applicant has previously been | ||||||
| |||||||
| |||||||
| 1 | convicted of one or more criminal offenses, unless: | ||||||
| 2 | (1) there is a direct relationship between one or more | ||||||
| 3 | of the previous criminal offenses and the specific license | ||||||
| 4 | sought; or | ||||||
| 5 | (2) the issuance of the license would involve an | ||||||
| 6 | unreasonable risk to property or to the safety or welfare | ||||||
| 7 | of specific individuals or the general public. | ||||||
| 8 | In making such a determination, the licensing agency shall | ||||||
| 9 | consider the following factors: | ||||||
| 10 | (1) the public policy of this State, as expressed in | ||||||
| 11 | Article 5.5 of this Chapter, to encourage the licensure | ||||||
| 12 | and employment of persons previously convicted of one or | ||||||
| 13 | more criminal offenses; | ||||||
| 14 | (2) the specific duties and responsibilities | ||||||
| 15 | necessarily related to the license being sought; | ||||||
| 16 | (3) the bearing, if any, the criminal offenses or | ||||||
| 17 | offenses for which the person was previously convicted | ||||||
| 18 | will have on his or her fitness or ability to perform one | ||||||
| 19 | or more such duties and responsibilities; | ||||||
| 20 | (4) the time which has elapsed since the occurrence of | ||||||
| 21 | the criminal offense or offenses; | ||||||
| 22 | (5) the age of the person at the time of occurrence of | ||||||
| 23 | the criminal offense or offenses; | ||||||
| 24 | (6) the seriousness of the offense or offenses; | ||||||
| 25 | (7) any information produced by the person or produced | ||||||
| 26 | on his or her behalf in regard to his or her rehabilitation | ||||||
| |||||||
| |||||||
| 1 | and good conduct, including a certificate of relief from | ||||||
| 2 | disabilities issued to the applicant, which certificate | ||||||
| 3 | shall create a presumption of rehabilitation in regard to | ||||||
| 4 | the offense or offenses specified in the certificate; and | ||||||
| 5 | (8) the legitimate interest of the licensing agency in | ||||||
| 6 | protecting property, and the safety and welfare of | ||||||
| 7 | specific individuals or the general public. | ||||||
| 8 | (i) A certificate of relief from disabilities shall be | ||||||
| 9 | issued only for a license or certification issued under the | ||||||
| 10 | following Acts: | ||||||
| 11 | (1) the Animal Welfare Act; except that a certificate | ||||||
| 12 | of relief from disabilities may not be granted to provide | ||||||
| 13 | for the issuance or restoration of a license under the | ||||||
| 14 | Animal Welfare Act for any person convicted of violating | ||||||
| 15 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane | ||||||
| 16 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
| 17 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 18 | (2) the Illinois Athletic Trainers Practice Act; | ||||||
| 19 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
| 20 | and Nail Technology Act of 1985; | ||||||
| 21 | (3.5)The Textured Hair Licensing Act; | ||||||
| 22 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
| 23 | Act; | ||||||
| 24 | (5) the Boxing and Full-contact Martial Arts Act; | ||||||
| 25 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
| 26 | 1984; | ||||||
| |||||||
| |||||||
| 1 | (7) the Illinois Farm Labor Contractor Certification | ||||||
| 2 | Act; | ||||||
| 3 | (8) the Registered Interior Designers Act; | ||||||
| 4 | (9) the Illinois Professional Land Surveyor Act of | ||||||
| 5 | 1989; | ||||||
| 6 | (10) the Landscape Architecture Registration Act; | ||||||
| 7 | (11) the Marriage and Family Therapy Licensing Act; | ||||||
| 8 | (12) the Private Employment Agency Act; | ||||||
| 9 | (13) the Professional Counselor and Clinical | ||||||
| 10 | Professional Counselor Licensing and Practice Act; | ||||||
| 11 | (14) the Real Estate License Act of 2000; | ||||||
| 12 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
| 13 | (16) the Professional Engineering Practice Act of | ||||||
| 14 | 1989; | ||||||
| 15 | (17) the Water Well and Pump Installation Contractor's | ||||||
| 16 | License Act; | ||||||
| 17 | (18) the Electrologist Licensing Act; | ||||||
| 18 | (19) the Auction License Act; | ||||||
| 19 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
| 20 | (21) the Dietitian Nutritionist Practice Act; | ||||||
| 21 | (22) the Environmental Health Practitioner Licensing | ||||||
| 22 | Act; | ||||||
| 23 | (23) the Funeral Directors and Embalmers Licensing | ||||||
| 24 | Code; | ||||||
| 25 | (24) (blank); | ||||||
| 26 | (25) the Professional Geologist Licensing Act; | ||||||
| |||||||
| |||||||
| 1 | (26) the Illinois Public Accounting Act; and | ||||||
| 2 | (27) the Structural Engineering Practice Act of 1989. | ||||||
| 3 | (Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.) | ||||||
| 4 | Section 910. The Human Trafficking Resource Center Notice | ||||||
| 5 | Act is amended by changing Section 5 as follows: | ||||||
| 6 | (775 ILCS 50/5) | ||||||
| 7 | Sec. 5. Posted notice required. | ||||||
| 8 | (a) Each of the following businesses and other | ||||||
| 9 | establishments shall, upon the availability of the model | ||||||
| 10 | notice described in Section 15 of this Act, post a notice that | ||||||
| 11 | complies with the requirements of this Act in a conspicuous | ||||||
| 12 | place near the public entrance of the establishment, in all | ||||||
| 13 | restrooms open to the public, or in another conspicuous | ||||||
| 14 | location in clear view of the public and employees where | ||||||
| 15 | similar notices are customarily posted: | ||||||
| 16 | (1) On premise consumption retailer licensees under | ||||||
| 17 | the Liquor Control Act of 1934 where the sale of alcoholic | ||||||
| 18 | liquor is the principal business carried on by the | ||||||
| 19 | licensee at the premises and primary to the sale of food. | ||||||
| 20 | (2) Adult entertainment facilities, as defined in | ||||||
| 21 | Section 5-1097.5 of the Counties Code. | ||||||
| 22 | (3) Primary airports, as defined in Section 47102(16) | ||||||
| 23 | of Title 49 of the United States Code. | ||||||
| 24 | (4) Intercity passenger rail or light rail stations. | ||||||
| |||||||
| |||||||
| 1 | (5) Bus stations. | ||||||
| 2 | (6) Truck stops. For purposes of this Act, "truck | ||||||
| 3 | stop" means a privately-owned and operated facility that | ||||||
| 4 | provides food, fuel, shower or other sanitary facilities, | ||||||
| 5 | and lawful overnight truck parking. | ||||||
| 6 | (7) Emergency rooms within general acute care | ||||||
| 7 | hospitals, in which case the notice may be posted by | ||||||
| 8 | electronic means. | ||||||
| 9 | (8) Urgent care centers, in which case the notice may | ||||||
| 10 | be posted by electronic means. | ||||||
| 11 | (9) Farm labor contractors. For purposes of this Act, | ||||||
| 12 | "farm labor contractor" means: (i) any person who for a | ||||||
| 13 | fee or other valuable consideration recruits, supplies, or | ||||||
| 14 | hires, or transports in connection therewith, into or | ||||||
| 15 | within the State, any farmworker not of the contractor's | ||||||
| 16 | immediate family to work for, or under the direction, | ||||||
| 17 | supervision, or control of, a third person; or (ii) any | ||||||
| 18 | person who for a fee or other valuable consideration | ||||||
| 19 | recruits, supplies, or hires, or transports in connection | ||||||
| 20 | therewith, into or within the State, any farmworker not of | ||||||
| 21 | the contractor's immediate family, and who for a fee or | ||||||
| 22 | other valuable consideration directs, supervises, or | ||||||
| 23 | controls all or any part of the work of the farmworker or | ||||||
| 24 | who disburses wages to the farmworker. However, "farm | ||||||
| 25 | labor contractor" does not include full-time regular | ||||||
| 26 | employees of food processing companies when the employees | ||||||
| |||||||
| |||||||
| 1 | are engaged in recruiting for the companies if those | ||||||
| 2 | employees are not compensated according to the number of | ||||||
| 3 | farmworkers they recruit. | ||||||
| 4 | (10) Privately-operated job recruitment centers. | ||||||
| 5 | (11) Massage establishments. As used in this Act, | ||||||
| 6 | "massage establishment" means a place of business in which | ||||||
| 7 | any method of massage therapy is administered or practiced | ||||||
| 8 | for compensation. "Massage establishment" does not | ||||||
| 9 | include: an establishment at which persons licensed under | ||||||
| 10 | the Medical Practice Act of 1987, the Illinois Physical | ||||||
| 11 | Therapy Act, or the Naprapathic Practice Act engage in | ||||||
| 12 | practice under one of those Acts; a business owned by a | ||||||
| 13 | sole licensed massage therapist; or a cosmetology or | ||||||
| 14 | esthetics salon registered under the Barber, Cosmetology, | ||||||
| 15 | Esthetics, Hair Braiding, and Nail Technology Act of 1985. | ||||||
| 16 | (b) The Department of Transportation shall, upon the | ||||||
| 17 | availability of the model notice described in Section 15 of | ||||||
| 18 | this Act, post a notice that complies with the requirements of | ||||||
| 19 | this Act in a conspicuous place near the public entrance of | ||||||
| 20 | each roadside rest area or in another conspicuous location in | ||||||
| 21 | clear view of the public and employees where similar notices | ||||||
| 22 | are customarily posted. | ||||||
| 23 | (c) The owner of a hotel or motel shall, upon the | ||||||
| 24 | availability of the model notice described in Section 15 of | ||||||
| 25 | this Act, post a notice that complies with the requirements of | ||||||
| 26 | this Act in a conspicuous and accessible place in or about the | ||||||
| |||||||
| |||||||
| 1 | premises in clear view of the employees where similar notices | ||||||
| 2 | are customarily posted. | ||||||
| 3 | (d) The organizer of a public gathering or special event | ||||||
| 4 | that is conducted on property open to the public and requires | ||||||
| 5 | the issuance of a permit from the unit of local government | ||||||
| 6 | shall post a notice that complies with the requirements of | ||||||
| 7 | this Act in a conspicuous and accessible place in or about the | ||||||
| 8 | premises in clear view of the public and employees where | ||||||
| 9 | similar notices are customarily posted. | ||||||
| 10 | (e) The administrator of a public or private elementary | ||||||
| 11 | school or public or private secondary school shall post a | ||||||
| 12 | printout of the downloadable notice provided by the Department | ||||||
| 13 | of Human Services under Section 15 that complies with the | ||||||
| 14 | requirements of this Act in a conspicuous and accessible place | ||||||
| 15 | chosen by the administrator in the administrative office or | ||||||
| 16 | another location in view of school employees. School districts | ||||||
| 17 | and personnel are not subject to the penalties provided under | ||||||
| 18 | subsection (a) of Section 20. | ||||||
| 19 | (f) The owner of an establishment registered under the | ||||||
| 20 | Tattoo and Body Piercing Establishment Registration Act shall | ||||||
| 21 | post a notice that complies with the requirements of this Act | ||||||
| 22 | in a conspicuous and accessible place in clear view of | ||||||
| 23 | establishment employees. | ||||||
| 24 | (Source: P.A. 102-4, eff. 4-27-21; 102-131, eff. 1-1-22; | ||||||
| 25 | 102-813, eff. 5-13-22.) | ||||||
| |||||||
| |||||||
| 1 | Section 915. The Child Labor Law of 2024 is amended by | ||||||
| 2 | changing Section 40 as follows: | ||||||
| 3 | (820 ILCS 206/40) | ||||||
| 4 | Sec. 40. Restrictions on employment of minors. | ||||||
| 5 | (a) No person shall employ, allow, or permit a minor to | ||||||
| 6 | work: | ||||||
| 7 | (1) in any mechanic's garage, including garage pits, | ||||||
| 8 | repairing cars, trucks, or other vehicles or using garage | ||||||
| 9 | lifting racks; | ||||||
| 10 | (2) in the oiling, cleaning, or wiping of machinery or | ||||||
| 11 | shafting; | ||||||
| 12 | (3) in or about any mine or quarry; | ||||||
| 13 | (4) in stone cutting or polishing; | ||||||
| 14 | (5) in any factory work; | ||||||
| 15 | (6) in or about any plant manufacturing explosives or | ||||||
| 16 | articles containing explosive components, or in the use or | ||||||
| 17 | transportation of same; | ||||||
| 18 | (7) in or about plants manufacturing iron or steel, | ||||||
| 19 | ore reduction works, smelters, foundries, forging shops, | ||||||
| 20 | hot rolling mills or any other place in which the heating, | ||||||
| 21 | melting, or heat treatment of metals is carried on; | ||||||
| 22 | (8) in the operation of machinery used in the cold | ||||||
| 23 | rolling of heavy metal stock, or in the operation of | ||||||
| 24 | power-driven punching, shearing, stamping, or metal plate | ||||||
| 25 | bending machines; | ||||||
| |||||||
| |||||||
| 1 | (9) in or about logging, sawmills or lath, shingle, or | ||||||
| 2 | cooperage-stock mills; | ||||||
| 3 | (10) in the operation of power-driven woodworking | ||||||
| 4 | machines, or off-bearing from circular saws; | ||||||
| 5 | (11) in the operation and repair of freight elevators | ||||||
| 6 | or hoisting machines and cranes; | ||||||
| 7 | (12) in spray painting; | ||||||
| 8 | (13) in occupations involving exposure to lead or its | ||||||
| 9 | compounds; | ||||||
| 10 | (14) in occupations involving exposure to acids, dyes, | ||||||
| 11 | chemicals, dust, gases, vapors, or fumes that are known or | ||||||
| 12 | suspected to be dangerous to humans; | ||||||
| 13 | (15) in any occupation subject to the Amusement Ride | ||||||
| 14 | and Attraction Safety Act; | ||||||
| 15 | (16) in oil refineries, gasoline blending plants, or | ||||||
| 16 | pumping stations on oil transmission lines; | ||||||
| 17 | (17) in the operation of laundry, dry cleaning, or | ||||||
| 18 | dyeing machinery; | ||||||
| 19 | (18) in occupations involving exposure to radioactive | ||||||
| 20 | substances; | ||||||
| 21 | (19) in or about any filling station or service | ||||||
| 22 | station, except that this prohibition does not extend to | ||||||
| 23 | employment within attached convenience stores, food | ||||||
| 24 | service, or retail establishments; | ||||||
| 25 | (20) in construction work, including demolition and | ||||||
| 26 | repair; | ||||||
| |||||||
| |||||||
| 1 | (21) in any energy generation or transmission service; | ||||||
| 2 | (22) in public and private utilities and related | ||||||
| 3 | services; | ||||||
| 4 | (23) in operations in or in connection with | ||||||
| 5 | slaughtering, meat packing, poultry processing, and fish | ||||||
| 6 | and seafood processing; | ||||||
| 7 | (24) in operations which involve working on an | ||||||
| 8 | elevated surface, with or without use of equipment, | ||||||
| 9 | including, but not limited to, ladders and scaffolds; | ||||||
| 10 | (25) in security positions or any occupations that | ||||||
| 11 | require the use or carrying of a firearm or other weapon; | ||||||
| 12 | (26) in occupations which involve the handling or | ||||||
| 13 | storage of human blood, human blood products, human body | ||||||
| 14 | fluids, or human body tissues; | ||||||
| 15 | (27) in any mill, cannery, factory, workshop, or coal, | ||||||
| 16 | brick, or lumber yard; | ||||||
| 17 | (28) any occupation which is prohibited for minors | ||||||
| 18 | under federal law; or | ||||||
| 19 | (29) in any other occupation or working condition | ||||||
| 20 | determined by the Director to be hazardous. | ||||||
| 21 | (b) No person shall employ, allow, or permit a minor to | ||||||
| 22 | work at: | ||||||
| 23 | (1) any cannabis business establishment subject to the | ||||||
| 24 | Cannabis Regulation and Tax Act or Compassionate Use of | ||||||
| 25 | Medical Cannabis Program Act; | ||||||
| 26 | (2) any establishment subject to the Live Adult | ||||||
| |||||||
| |||||||
| 1 | Entertainment Facility Surcharge Act; | ||||||
| 2 | (3) any firearm range or gun range used for | ||||||
| 3 | discharging a firearm in a sporting event, for practice or | ||||||
| 4 | instruction in the use of a firearm, or the testing of a | ||||||
| 5 | firearm, except for a scorer age 14 years or older at the | ||||||
| 6 | World Shooting and Recreational Complex on the dates of | ||||||
| 7 | the U.S. Open and the Grand American World Trapshooting | ||||||
| 8 | Championship who is located, during those competitions, at | ||||||
| 9 | least 15 feet behind the firing line of the trap shooters | ||||||
| 10 | participating in the competitions; | ||||||
| 11 | (4) any establishment in which items containing | ||||||
| 12 | alcohol for consumption are manufactured, distilled, | ||||||
| 13 | brewed, or bottled; | ||||||
| 14 | (5) any establishment where the primary activity is | ||||||
| 15 | the sale of alcohol or tobacco; | ||||||
| 16 | (6) an establishment operated by any holder of an | ||||||
| 17 | owners license subject to the Illinois Gambling Act; or | ||||||
| 18 | (7) any other establishment which State or federal law | ||||||
| 19 | prohibits minors from entering or patronizing. | ||||||
| 20 | (c) An employer shall not allow minors to draw, mix, pour, | ||||||
| 21 | or serve any item containing alcohol or otherwise handle any | ||||||
| 22 | open containers of alcohol. An employer shall make reasonable | ||||||
| 23 | efforts to ensure that minors are unable to access alcohol. | ||||||
| 24 | (d) An employer may allow minors aged 14 and 15 to work in | ||||||
| 25 | retail stores, except that an employer shall not allow minors | ||||||
| 26 | to handle or be able to access any goods or products which are | ||||||
| |||||||
| |||||||
| 1 | illegal for minors to purchase or possess. | ||||||
| 2 | (e) No person shall employ, allow, or permit an unlicensed | ||||||
| 3 | minor to perform work in the practice of barber, cosmetology, | ||||||
| 4 | esthetics, hair braiding, and nail technology services | ||||||
| 5 | requiring a license under the Barber, Cosmetology, Esthetics, | ||||||
| 6 | Hair Braiding, and Nail Technology Act of 1985, except for | ||||||
| 7 | students enrolled in a school and performing barber, | ||||||
| 8 | cosmetology, esthetics, hair braiding, and nail technology | ||||||
| 9 | services in accordance with that Act and rules adopted under | ||||||
| 10 | that Act. No person shall employ, allow, or permit an | ||||||
| 11 | unlicensed minor to perform work in the practice of cirrology | ||||||
| 12 | requiring a license under the Textured Hair Licensing Act, | ||||||
| 13 | except for students enrolled in a school and performing | ||||||
| 14 | cirrology services in accordance with that Act and rules | ||||||
| 15 | adopted under that Act. | ||||||
| 16 | (f) A person may employ, allow, or permit a minor to | ||||||
| 17 | perform office or administrative support work that does not | ||||||
| 18 | expose the minor to the work prohibited in this Section. | ||||||
| 19 | (Source: P.A. 103-721, eff. 1-1-25; 104-16, eff. 1-1-26.) | ||||||
| 20 | Section 999. Effective date. This Act takes effect upon | ||||||
| 21 | becoming law, except that Sections 900, 902, 903, 905, 910, | ||||||
| 22 | and 915 take effect 18 months after becoming law.". | ||||||
