Bill Text: IL HB2210 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Makes a technical change in a Section concerning qualifications for licensure as a cosmetologist by a barber school graduate.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0238 [HB2210 Detail]
Download: Illinois-2013-HB2210-Chaptered.html
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Public Act 098-0238 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Barber, Cosmetology, Esthetics, Hair | ||||
Braiding, and Nail
Technology Act of 1985 is amended by | ||||
changing Sections 1-4, 2A-7, and 3B-10 as follows:
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(225 ILCS 410/1-4)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 1-4. Definitions. In this Act the following words | ||||
shall have the
following meanings:
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"Board" means the Barber, Cosmetology, Esthetics, and Nail | ||||
Technology Board.
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"Department" means the Department of Financial and | ||||
Professional Regulation.
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"Licensed barber" means an individual licensed by the | ||||
Department
to practice barbering as defined in this Act and | ||||
whose
license is in good standing.
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"Licensed barber clinic teacher" means an individual | ||||
licensed by the Department to practice barbering, as defined in | ||||
this Act, and to provide clinical instruction in the practice | ||||
of barbering in an approved school of barbering.
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"Licensed cosmetologist" means an individual licensed by | ||||
the
Department to practice cosmetology, nail technology, and |
esthetics as
defined in this Act and whose license is in good | ||
standing.
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"Licensed esthetician" means an individual
licensed by the
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Department to practice esthetics as defined in this Act and | ||
whose
license is in good standing.
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"Licensed nail technician" means any individual
licensed | ||
by
the Department to practice nail technology as defined in | ||
this Act and whose
license is in good standing.
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"Licensed barber teacher" means an individual
licensed
by | ||
the Department to practice barbering as defined in this Act
and | ||
to provide instruction in the theory and practice of barbering | ||
to students in an approved barber school.
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"Licensed cosmetology teacher" means an individual
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licensed by the Department to practice cosmetology,
esthetics, | ||
and nail technology as defined in this Act
and to provide | ||
instruction in the theory and
practice of cosmetology, | ||
esthetics, and nail technology to
students in an approved | ||
cosmetology, esthetics, or nail technology school.
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"Licensed cosmetology clinic teacher" means an individual | ||
licensed by the
Department to practice cosmetology, esthetics, | ||
and nail technology as defined
in this Act and to provide | ||
clinical instruction in the practice of cosmetology,
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esthetics, and nail technology in an approved school of | ||
cosmetology, esthetics,
or nail technology.
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"Licensed esthetics teacher" means an individual
licensed | ||
by
the Department to practice esthetics as defined in this Act |
and to provide
instruction in the theory and practice of | ||
esthetics
to students in an approved cosmetology or esthetics | ||
school.
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"Licensed esthetics clinic teacher" means an individual | ||
licensed by the
Department to practice esthetics as defined in | ||
this Act and to provide clinical
instruction in the practice of | ||
esthetics in an approved school of cosmetology
or an approved | ||
school of esthetics.
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"Licensed hair braider" means any individual licensed by | ||
the Department to practice hair braiding as defined in Section | ||
3E-1 and whose license is in good standing. | ||
"Licensed hair braiding teacher" means an individual | ||
licensed by the Department to practice hair braiding and to | ||
provide instruction in the theory and practice of hair braiding | ||
to students in an approved cosmetology school. | ||
"Licensed nail technology teacher" means an individual
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licensed by the Department to practice nail technology and
to | ||
provide instruction in the theory and
practice of nail | ||
technology to students in an approved nail technology school
or | ||
cosmetology school.
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"Licensed nail technology clinic teacher" means an | ||
individual licensed by
the Department to practice nail | ||
technology as defined in this Act and to
provide clinical | ||
instruction in the practice of nail technology in an approved
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school of cosmetology or an approved school of nail technology.
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"Enrollment" is the date upon which the student signs an
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enrollment agreement or student contract.
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"Enrollment agreement" or "student contract" is any | ||
agreement,
instrument, or contract however named, which | ||
creates or evidences an
obligation binding a student to | ||
purchase a course of instruction from a school.
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"Enrollment time" means the maximum number of hours a | ||
student
could have attended class, whether or not the student | ||
did in fact attend
all those hours.
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"Elapsed enrollment time" means the enrollment time | ||
elapsed between
the actual starting date and the date of the | ||
student's last day of physical
attendance in the school.
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"School" means an institution of higher education that | ||
meets the requirements of 34 CFR 600.9. | ||
"Secretary" means the Secretary of the Department of | ||
Financial and Professional Regulation. | ||
"Threading" means any technique that results in the removal | ||
of superfluous hair from the body by twisting thread around | ||
unwanted hair and then pulling it from the skin; and may also | ||
include the incidental trimming of eyebrow hair. | ||
(Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11; | ||
97-333, eff. 8-12-11; 97-777, eff. 7-13-12.)
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(225 ILCS 410/2A-7)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 2A-7. Requirements for licensure as barber school. No | ||
person, firm, or
corporation may own, operate , or conduct a |
school or college of barbering
for the purpose of teaching | ||
barbering for compensation unless licensed by the Department. A | ||
licensed school is a postsecondary educational institution | ||
authorized by the Department to provide a postsecondary | ||
education program in compliance with the requirements of this | ||
Act. An applicant shall apply to without filing an
application | ||
with the Department on forms provided by the Department, pay | ||
paying the
required fees, and comply complying with the | ||
following requirements:
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1. The applicant must submit to the Department for | ||
approval:
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a. A floor plan, drawn to a scale specified on the | ||
floor plan,
showing every detail of the proposed | ||
school; and
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b. A lease commitment or proof of ownership for the | ||
location of the
proposed school; a lease commitment | ||
must provide for execution of the lease
upon the | ||
Department's approval of the school's application and | ||
the lease must
be for a period of at least one year.
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c. (Blank).
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2. An application to own or operate a school shall | ||
include the following: | ||
a. If the owner is a corporation, a copy of the | ||
Articles of
Incorporation; | ||
b. If the owner is a partnership, a listing of all | ||
partners and their
current addresses; |
c. If the applicant is an owner, a completed | ||
financial statement showing
the owner's ability to | ||
operate the school for at least 3 months; | ||
d. A copy of the official enrollment agreement or | ||
student contract to be
used by the school, which shall | ||
be consistent with the requirements of
this Act; | ||
e. A listing of all teachers who will be in the | ||
school's employ,
including their teacher license | ||
numbers; | ||
f. A copy of the curricula that will be followed; | ||
g. The names, addresses, and current status of all | ||
schools in which the
applicant has previously owned any | ||
interest, and a declaration as to whether
any of these | ||
schools were ever denied accreditation or licensing or | ||
lost
accreditation or licensing from any governmental | ||
body or accrediting agency; | ||
h. Each application for a certificate of approval | ||
shall be signed and
certified under oath by the | ||
school's chief managing employee and also by
its | ||
individual owner or owners; if the applicant is a | ||
partnership or a
corporation, then the application | ||
shall be signed and certified under oath by
the | ||
school's chief managing employee and also by each | ||
member of the partnership
or each officer of the | ||
corporation, as the case may be; | ||
i. A copy of the school's official transcript; and |
j. The required fee.
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3. Each application for a license to operate a
school | ||
shall also contain the following commitments: | ||
a. To conduct the school in accordance with this | ||
Act and the standards
and rules from time to time | ||
adopted under this Act and to meet standards and
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requirements at least as stringent as those required by | ||
Part H of the federal
Higher Education Act of 1965. | ||
b. To permit the Department to inspect the school | ||
or classes thereof
from time to time with or without | ||
notice; and to make available to the
Department, at any | ||
time when required to do so, information including
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financial information pertaining to the activities of | ||
the school required
for the administration of this Act | ||
and the standards and rules adopted under
this Act; | ||
c. To utilize only advertising and solicitation | ||
that is free from
misrepresentation, deception, fraud, | ||
or other misleading or unfair trade
practices; | ||
d. To screen applicants to the school prior to | ||
enrollment pursuant to
the requirements of the | ||
school's regional or national accrediting agency,
if | ||
any, and to maintain any and all records of such | ||
screening; if the
course of instruction is offered in a | ||
language other than English, the
screening shall also | ||
be performed in that language; | ||
e. To post in a conspicuous place a statement, |
developed by the
Department, of student's rights | ||
provided under this Act.
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4. The applicant shall establish to the satisfaction of | ||
the Department
that the owner possesses sufficient liquid | ||
assets to meet the prospective
expenses of the school for a | ||
period of 3 months. In the discretion of
the Department, | ||
additional proof of financial ability may be required.
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5. The applicant shall comply with all rules of the | ||
Department determining
the necessary curriculum and | ||
equipment required for the conduct of the school.
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6. The applicant must demonstrate employment of a | ||
sufficient number of
qualified teachers who are holders of | ||
a current license issued by the
Department.
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7. A final inspection of the barber school shall be | ||
made by the Department before the school may commence | ||
classes.
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8. A written inspection report must be made by a local | ||
fire authority or the State Fire Marshal approving the use | ||
of the proposed premises as a barber school.
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(Source: P.A. 94-451, eff. 12-31-05.)
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(225 ILCS 410/3B-10)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 3B-10. Requisites for ownership or operation of | ||
school. No person,
firm, or corporation may own, operate, or | ||
conduct a school of cosmetology,
esthetics, hair braiding, or |
nail technology for the purpose of teaching cosmetology,
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esthetics, hair braiding, or nail technology for compensation | ||
unless licensed by the Department. A licensed school is a | ||
postsecondary educational institution authorized by the | ||
Department to provide a postsecondary education program in | ||
compliance with the requirements of this Act. An applicant | ||
shall apply to the Department without applying on forms
| ||
provided by the Department, pay paying the required fees, and | ||
comply complying with the
following requirements:
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1. The applicant must submit to the Department for | ||
approval:
| ||
a. A floor plan, drawn to a scale specified on the | ||
floor plan,
showing every detail of the proposed | ||
school; and
| ||
b. A lease commitment or proof of ownership for the | ||
location of the
proposed school; a lease commitment | ||
must provide for execution of the lease
upon the | ||
Department's approval of the school's application and | ||
the lease must
be for a period of at least one year.
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c. (Blank).
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2. An application to own or operate a school shall | ||
include the following:
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a. If the owner is a corporation, a copy of the | ||
Articles of
Incorporation;
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b. If the owner is a partnership, a listing of all | ||
partners and their
current addresses;
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c. If the applicant is an owner, a completed | ||
financial statement showing
the owner's ability to | ||
operate the school for at least 3 months;
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d. A copy of the official enrollment agreement or | ||
student contract to be
used by the school, which shall | ||
be consistent with the requirements of
this Act;
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e. A listing of all teachers who will be in the | ||
school's employ,
including their teacher license | ||
numbers;
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f. A copy of the curricula that will be followed;
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g. The names, addresses, and current status of all | ||
schools in which the
applicant has previously owned any | ||
interest, and a declaration as to whether
any of these | ||
schools were ever denied accreditation or licensing or | ||
lost
accreditation or licensing from any governmental | ||
body or accrediting agency;
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h. Each application for a certificate of approval | ||
shall be signed and
certified under oath by the | ||
school's chief managing employee and also by
its | ||
individual owner or owners; if the applicant is a | ||
partnership or a
corporation, then the application | ||
shall be signed and certified under oath by
the | ||
school's chief managing employee and also by each | ||
member of the partnership
or each officer of the | ||
corporation, as the case may be;
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i. A copy of the school's official transcript; and
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j. The required fee.
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3. Each application for a license to operate a
school | ||
shall also contain the following commitments:
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a. To conduct the school in accordance with this | ||
Act and the standards,
and rules from time to time | ||
adopted under this Act and to meet standards and
| ||
requirements at least as stringent as those required by | ||
Part H of the Federal
Higher Education Act of 1965.
| ||
b. To permit the Department to inspect the school | ||
or classes thereof
from time to time with or without | ||
notice; and to make available to the
Department, at any | ||
time when required to do so, information including
| ||
financial information pertaining to the activities of | ||
the school required
for the administration of this Act | ||
and the standards and rules adopted under
this Act;
| ||
c. To utilize only advertising and solicitation | ||
which is free from
misrepresentation, deception, | ||
fraud, or other misleading or unfair trade
practices;
| ||
d. To screen applicants to the school prior to | ||
enrollment pursuant to
the requirements of the | ||
school's regional or national accrediting agency,
if | ||
any, and to maintain any and all records of such | ||
screening. If the
course of instruction is offered in a | ||
language other than English, the
screening shall also | ||
be performed in that language;
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e. To post in a conspicuous place a statement, |
developed by the
Department, of student's rights | ||
provided under this Act.
| ||
4. The applicant shall establish to the satisfaction of | ||
the Department
that the owner possesses sufficient liquid | ||
assets to meet the prospective
expenses of the school for a | ||
period of 3 months. In the discretion of
the Department, | ||
additional proof of financial ability may be required.
| ||
5. The applicant shall comply with all rules of the | ||
Department determining
the necessary curriculum and | ||
equipment required for the conduct of the school.
| ||
6. The applicant must demonstrate employment of a | ||
sufficient number of
qualified teachers who are holders of | ||
a current license issued by the
Department.
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7.
A final inspection of the cosmetology, esthetics, | ||
hair braiding, or nail technology school shall be
made by | ||
the Department before the school may commence classes.
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8. A written inspection report must be made by the | ||
State Fire Marshal or a local fire authority approving the | ||
use of the proposed premises as a cosmetology, esthetics, | ||
hair braiding, or nail technology school.
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(Source: P.A. 96-1246, eff. 1-1-11.)
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