Bill Text: IL HB4790 | 2013-2014 | 98th General Assembly | Chaptered

---

Bill Title: Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Changes the definitions of "Board", "licensed cosmetologist", "licensed cosmetology teacher", "licensed cosmetology clinic teacher", and "licensed hair braiding teacher" to include hair braiding. Also changes the definitions of "cosmetology" and "esthetics" to include the coloring of hair on the body. Removes references to barber clinic teachers, esthetics clinic teachers, hair braiding clinic teachers, and nail technology clinic teachers throughout the Act. Provides that a person licensed as a hair braiding teacher may practice hair braiding and may hold himself or herself out as a hair braider without being licensed as a hair braider. Removes certain requirements that must be met by a person seeking licensure as a barber teacher or an esthetics teacher. Additionally removes certain provisions concerning barber schools. Replaces the term "Committee" with "Board" throughout the Act. Adds a provision allowing the Secretary of Financial and Professional Regulation to waive any requirements under the Act pertaining to the operation of a barber, cosmetology, esthetics, hair braiding, or nail technology school owned or operated by the Department of Corrections and located in a correctional facility. Provides that the Department of Financial and Professional Regulation shall not disclose certain information collected during the course of an examination or investigation under the Act. Makes other changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0911 [HB4790 Detail]

Download: Illinois-2013-HB4790-Chaptered.html

---

Public Act 098-0911
HB4790 Enrolled LRB098 16202 ZMM 51261 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing Sections 1-2, 1-4, 1-7, 2-4, 2-9, 3-1, 3-7, 3-8, 3A-1,
3A-3, 3A-5, 3A-6, 3A-7, 3B-1, 3B-10, 3B-11, 3B-12, 3B-15, 3C-1,
3C-3, 3C-7, 3C-8, 3C-9, 4-1, 4-4, 4-5.1, 4-7, 4-8, 4-9, 4-10,
4-11, 4-12, 4-14, 4-15, 4-16, 4-17, 4-19, 4-20, and 4-22 and
the heading of Article IIIB and by adding Sections 3B-16 and
4-24 as follows:
(225 ILCS 410/1-2) (from Ch. 111, par. 1701-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1-2. Public Policy. The practices of barbering, and
cosmetology, esthetics, hair braiding, and nail technology in
the State of Illinois are hereby declared to affect the public
health, safety and welfare and to be subject to regulation and
control in the public interest. It is further declared to be a
matter of public interest and concern that the professions
merit and receive the confidence of the public and that only
qualified persons be permitted to practice said professions in
the State of Illinois. This Act shall be liberally construed to
carry out these objects and purposes.

(Source: P.A. 84-657.)
(225 ILCS 410/1-4)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1-4. Definitions. In this Act the following words
shall have the following meanings:
"Board" means the Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Board.
"Department" means the Department of Financial and
Professional Regulation.
"Licensed barber" means an individual licensed by the
Department to practice barbering as defined in this Act and
whose license is in good standing.
"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.
"Licensed cosmetologist" means an individual licensed by
the Department to practice cosmetology, nail technology, hair
braiding, and esthetics as defined in this Act and whose
license is in good standing.
"Licensed esthetician" means an individual licensed by the
Department to practice esthetics as defined in this Act and
whose license is in good standing.
"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.
"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.
"Licensed cosmetology teacher" means an individual
licensed by the Department to practice cosmetology, esthetics,
hair braiding, 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.
"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,
esthetics, hair braiding, and nail technology in an approved
school of cosmetology, esthetics, or nail technology.
"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.
"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.
"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 or hair braiding school.
"Licensed nail technology teacher" means an individual
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.
"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
school of cosmetology or an approved school of nail technology.
"Enrollment" is the date upon which the student signs an
enrollment agreement or student contract.
"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.
"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.
"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.
"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. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;
98-238, eff. 1-1-14.)
(225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1-7. Licensure required; renewal.
(a) It is unlawful for any person to practice, or to hold
himself or herself out to be a cosmetologist, esthetician, nail
technician, hair braider, or barber without a license as a
cosmetologist, esthetician, nail technician, hair braider or
barber issued by the Department of Financial and Professional
Regulation pursuant to the provisions of this Act and of the
Civil Administrative Code of Illinois. It is also unlawful for
any person, firm, partnership, or corporation to own, operate,
or conduct a cosmetology, esthetics, nail technology, hair
braiding salon, or barber school without a license issued by

the Department or to own or operate a cosmetology, esthetics,
nail technology, or hair braiding salon or barber shop without
a certificate of registration issued by the Department. It is
further unlawful for any person to teach in any cosmetology,
esthetics, nail technology, hair braiding, or barber college or
school approved by the Department or hold himself or herself
out as a cosmetology, esthetics, hair braiding, nail
technology, or barber teacher without a license as a teacher,
issued by the Department or as a barber clinic teacher or
cosmetology, esthetics, hair braiding, or nail technology
clinic teacher without a license as a clinic teacher issued by
the Department.
(b) Notwithstanding any other provision of this Act, a
person licensed as a cosmetologist may hold himself or herself
out as an esthetician and may engage in the practice of
esthetics, as defined in this Act, without being licensed as an
esthetician. A person licensed as a cosmetology teacher may
teach esthetics or hold himself or herself out as an esthetics
teacher without being licensed as an esthetics teacher. A
person licensed as a cosmetologist may hold himself or herself
out as a nail technician and may engage in the practice of nail
technology, as defined in this Act, without being licensed as a
nail technician. A person licensed as a cosmetology teacher may
teach nail technology and hold himself or herself out as a nail
technology teacher without being licensed as a nail technology
teacher. A person licensed as a cosmetologist may hold himself

or herself out as a hair braider and may engage in the practice
of hair braiding, as defined in this Act, without being
licensed as a hair braider. A person licensed as a cosmetology
teacher may teach hair braiding and hold himself or herself out
as a hair braiding teacher without being licensed as a hair
braiding teacher.
(c) A person licensed as a barber teacher may hold himself
or herself out as a barber and may practice barbering without a
license as a barber. A person licensed as a cosmetology teacher
may hold himself or herself out as a cosmetologist,
esthetician, hair braider, and nail technologist and may
practice cosmetology, esthetics, hair braiding, and nail
technology without a license as a cosmetologist, esthetician,
hair braider, or nail technologist. A person licensed as an
esthetics teacher may hold himself or herself out as an
esthetician without being licensed as an esthetician and may
practice esthetics. A person licensed as a nail technician
teacher may practice nail technology and may hold himself or
herself out as a nail technologist without being licensed as a
nail technologist. A person licensed as a hair braiding teacher
may practice hair braiding and may hold himself or herself out
as a hair braider without being licensed as a hair braider.
(d) The holder of a license issued under this Act may renew
that license during the month preceding the expiration date of
the license by paying the required fee.
(Source: P.A. 96-1246, eff. 1-1-11.)

(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2-4. Licensure as a barber teacher; qualifications.
(1) A person is qualified to receive a license as a barber
teacher if that person files an application on forms provided
by the Department, pays the required fee, and:
a. Is at least 18 years of age;
b. Has graduated from high school or its equivalent;
c. Has a current license as a barber or cosmetologist;
d. Has graduated from a barber school or school of
cosmetology approved by the Department having:
(1) completed a total of 500 hours in barber
teacher training extending over a period of not less
than 3 months nor more than 2 years and has had 3 years
of practical experience as a licensed barber;
(2) completed a total of 1,000 hours of barber
teacher training extending over a period of not less
than 6 months nor more than 2 years; or
(3) completed the cosmetology teacher training as
specified in paragraph (4) of subsection (a) of Section
3-4 of this Act and completed a supplemental barbering
course as established by rule; and
e. Has passed an examination authorized by the
Department to determine fitness to receive a license as a
barber teacher or a cosmetology teacher; and

f. Has met any other requirements set forth in this
Act.
An applicant who is issued a license as a Barber Teacher is
not required to maintain a barber license in order to practice
barbering as defined in this Act.
(2) A person is qualified to receive a license as a barber
clinic teacher if he or she has applied in writing on forms
provided by the Department, has paid the required fees, and:
(A) is at least 18 years of age;
(B) has graduated from high school or its equivalent;
(C) has a current license as a barber;
(D) has (i) completed a program of 250 hours of clinic
teacher training in a licensed school of barbering or (ii)
within 5 years preceding the required examination, has
obtained a minimum of 2 years of practical experience
working at least 30 full-time hours per week as a licensed
barber and has completed an instructor's institute of 20
hours, as prescribed by the Department, prior to submitting
an application for examination;
(E) has passed an examination authorized by the
Department to determine eligibility to receive a license as
a barber teacher; and
(F) has met any other requirements of this Act.
The Department shall not issue any new barber clinic
teacher licenses after January 1, 2009. Any person issued a
license as a barber clinic teacher before January 1, 2009, may

renew the license after that date under this Act and that
person may continue to renew the license or have the license
restored during his or her lifetime, subject only to the
renewal or restoration requirements for the license under this
Act; however, such licensee and license shall remain subject to
the provisions of this Act, including, but not limited to,
provisions concerning renewal, restoration, fees, continuing
education, discipline, administration, and enforcement.
(Source: P.A. 97-777, eff. 7-13-12.)
(225 ILCS 410/2-9)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2-9. Degree in barbering at a cosmetology school. A
school of cosmetology may offer a degree in barbering, as
defined by this Act, provided that the school of cosmetology
complies with subsections (c), (d), and (e) of Section 2-2 of
this Act; utilizes barber teachers properly licensed under
paragraph (1) of Section 2-4 of this Act; and complies with
Sections 2A-7 and 3B-10 of this Act.
(Source: P.A. 97-777, eff. 7-13-12.)
(225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-1. Cosmetology defined. Any one or any combination
of the following practices constitutes the practice of
cosmetology when done for cosmetic or beautifying purposes and

not for the treatment of disease or of muscular or nervous
disorder: arranging, braiding, dressing, cutting, trimming,
curling, waving, chemical restructuring, shaping, singeing,
bleaching, coloring or similar work, upon the hair of the head
or any cranial prosthesis; cutting or trimming facial hair of
any person; any practice of manicuring, pedicuring, decorating
nails, applying sculptured nails or otherwise artificial nails
by hand or with mechanical or electrical apparatus or
appliances, or in any way caring for the nails or the skin of
the hands or feet including massaging the hands, arms, elbows,
feet, lower legs, and knees of another person for other than
the treatment of medical disorders; any practice of epilation
or depilation of any person; any practice for the purpose of
cleansing, massaging or toning the skin of the scalp;
beautifying, massaging, cleansing, exfoliating, or stimulating
the stratum corneum of the epidermis by the use of cosmetic
preparations, body treatments, body wraps, the use of
hydrotherapy, or any device, electrical, mechanical, or
otherwise; applying make-up or eyelashes to any person or
lightening or coloring hair on the body and removing
superfluous hair from the body of any person by the use of
depilatories, waxing, threading, or tweezers. The term
"cosmetology" does not include the services provided by an
electrologist. Nail technology is the practice and the study of
cosmetology only to the extent of manicuring, pedicuring,
decorating, and applying sculptured or otherwise artificial

nails, or in any way caring for the nail or the skin of the
hands or feet including massaging the hands, arms, elbows,
feet, lower legs, and knees. Cosmetologists are prohibited from
using any technique, product, or practice intended to affect
the living layers of the skin. The term cosmetology includes
rendering advice on what is cosmetically appealing, but no
person licensed under this Act shall render advice on what is
appropriate medical treatment for diseases of the skin.
Purveyors of cosmetics may demonstrate such cosmetic products
in conjunction with any sales promotion and shall not be
required to hold a license under this Act. Nothing in this Act
shall be construed to prohibit the shampooing of hair by
persons employed for that purpose and who perform that task
under the direct supervision of a licensed cosmetologist or
licensed cosmetology teacher.
(Source: P.A. 96-1076, eff. 7-16-10.)
(225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-7. Licensure; renewal; continuing education;
military service. The holder of a license issued under this
Article III may renew that license during the month preceding
the expiration date thereof by paying the required fee, giving
such evidence as the Department may prescribe of completing not
less than 14 hours of continuing education for a cosmetologist,
and 24 hours of continuing education for a cosmetology teacher

or cosmetology clinic teacher, within the 2 years prior to
renewal. The training shall be in subjects approved by the
Department as prescribed by rule upon recommendation of the
Board Committee.
A license that has been expired for more than 5 years may
be restored by payment of the restoration fee and submitting
evidence satisfactory to the Department of the current
qualifications and fitness of the licensee, which shall include
completion of continuing education hours for the period
subsequent to expiration.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be accomplished
through audits of records maintained by registrants, by
requiring the filing of continuing education certificates with
the Department, or by other means established by the
Department.
A license issued under the provisions of this Act that has
expired while the holder of the license was engaged (1) in
federal service on active duty with the Army of the United
States, the United States Navy, the Marine Corps, the Air
Force, the Coast Guard, or any Women's Auxiliary thereof, or
the State Militia called into the service or training of the
United States of America, or (2) in training or education under
the supervision of the United States preliminary to induction
into the military service, may be reinstated or restored

without the payment of any lapsed renewal fees, reinstatement
fee, or restoration fee if within 2 years after the termination
of such service, training, or education other than by
dishonorable discharge, the holder furnishes the Department
with an affidavit to the effect that he or she has been so
engaged and that his or her service, training, or education has
been so terminated.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section and shall
adopt rules defining the standards and criteria for that waiver
under the following circumstances:
(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee
to provide service to the public;
(b) that to comply with the continuing education
requirements would cause a substantial financial hardship
on the licensee;
(c) that the licensee is serving in the United States
Armed Forces; or
(d) that the licensee is incapacitated due to illness.
The continuing education requirements of this Section do
not apply to a licensee who (i) is at least 62 years of age or
(ii) has been licensed as a cosmetologist, cosmetology teacher,
or cosmetology clinic teacher for at least 25 years.
(Source: P.A. 94-451, eff. 12-31-05.)

(225 ILCS 410/3-8) (from Ch. 111, par. 1703-8)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-8. Cosmetologists or , cosmetology teachers, and
cosmetology clinic teachers registered or licensed elsewhere.
(a) Except as otherwise provided in this Act, upon payment
of the required fee, an applicant who is a cosmetologist or ,
cosmetology teacher, or cosmetology clinic teacher registered
or licensed under the laws of a foreign country or province may
be granted a license as a licensed cosmetologist or ,
cosmetology teacher, or cosmetology clinic teacher by the
Department in its discretion upon the following conditions:
(1) The cosmetologist applicant is at least 16 years of
age and the cosmetology teacher or cosmetology clinic
teacher applicant is at least 18 years of age; and
(2) The requirements for the registration or licensing
of cosmetologists or , cosmetology teachers, or cosmetology
clinic teachers in the particular country or province were,
at the date of the license, substantially equivalent to the
requirements then in force for cosmetologists or ,
cosmetology teachers, or cosmetology clinic teachers in
this State; or the applicant has established proof of legal
practice as a cosmetologist or , cosmetology teacher, or
cosmetology clinic teacher in another jurisdiction for at
least 3 years; and
(3) If the Department, in its discretion and in

accordance with the rules, deems it necessary, then the
applicant has passed an examination as required by this
Act; and
(4) The applicant has met any other requirements of
this Act.
The Department shall prescribe reasonable rules governing
the recognition of and the credit to be given to the study of
cosmetology under a cosmetologist registered or licensed under
the laws of a foreign country or province by an applicant for a
license as a cosmetologist, and for the recognition of legal
practice in another jurisdiction towards the education
required under this Act.
(b) Except as otherwise provided in this Act, upon payment
of the required fee, an applicant who is a cosmetologist or ,
cosmetology teacher, or cosmetology clinic teacher registered
or licensed under the laws of another state or territory of the
United States shall, without examination, be granted a license
as a licensed cosmetologist or , cosmetology teacher, or
cosmetology clinic teacher, whichever is applicable, by the
Department upon the following conditions:
(1) The cosmetologist applicant is at least 16 years of
age and the cosmetology teacher or cosmetology clinic
teacher applicant is at least 18 years of age; and
(2) The applicant submits to the Department
satisfactory evidence that the applicant is registered or
licensed in another state or territory as a cosmetologist

or , cosmetology teacher, or cosmetology clinic teacher;
and
(3) The applicant has met any other requirements of
this Act.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/3A-1) (from Ch. 111, par. 1703A-1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3A-1. Esthetics defined.
(A) Any one or combination of the following practices, when
done for cosmetic or beautifying purposes and not for the
treatment of disease or of a muscular or nervous disorder,
constitutes the practice of esthetics:
1. Beautifying, massaging, cleansing, exfoliating, or
stimulating the stratum corneum of the epidermis by the use
of cosmetic preparations, body treatments, body wraps,
hydrotherapy, or any device, electrical, mechanical, or
otherwise, for the care of the skin;
2. Applying make-up or eyelashes to any person or
lightening or coloring hair on the body except the scalp;
and
3. Removing superfluous hair from the body of any
person.
However, esthetics does not include the services provided
by a cosmetologist or electrologist. Estheticians are
prohibited from using techniques, products, and practices

intended to affect the living layers of the skin. The term
esthetics includes rendering advice on what is cosmetically
appealing, but no person licensed under this Act shall render
advice on what is appropriate medical treatment for diseases of
the skin.
(B) "Esthetician" means any person who, with hands or
mechanical or electrical apparatus or appliances, engages only
in the use of cosmetic preparations, body treatments, body
wraps, hydrotherapy, makeups, antiseptics, tonics, lotions,
creams or other preparations or in the practice of massaging,
cleansing, exfoliating the stratum corneum of the epidermis,
stimulating, manipulating, beautifying, grooming, threading,
or similar work on the face, neck, arms and hands or body in a
superficial mode, and not for the treatment of medical
disorders.
(Source: P.A. 96-1076, eff. 7-16-10.)
(225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3A-3. Licensure as an esthetics teacher;
qualifications.
(a) A person is qualified to receive a license as an
esthetics teacher if that person has applied in writing on
forms supplied by the Department, paid the required fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;

(3) has a current license as a licensed cosmetologist
or esthetician;
(4) has either: (i) completed a program of 500 hours of
teacher training in a licensed school of cosmetology or a
licensed esthetics school and had 2 years of practical
experience as a licensed cosmetologist or esthetician
within 5 years preceding the examination; or (ii) completed
a program of 750 hours of teacher training in a licensed
school of cosmetology approved by the Department to teach
esthetics or a licensed esthetics school;
(5) has passed an examination authorized by the
Department to determine eligibility to receive a license as
a licensed cosmetology or esthetics teacher;
(6) (blank); and
(7) has met any other requirements as required by this
Act.
(b) (Blank). A person is qualified to receive a license as
an esthetics clinic teacher if that person has applied in
writing on forms supplied by the Department, paid the required
fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a licensed cosmetologist
or esthetician;
(4) has (i) completed a program of 250 hours of clinic
teacher training in a licensed school of cosmetology

approved by the Department to teach esthetics or a licensed
esthetics school or (ii) within 5 years preceding the
examination, has obtained a minimum of 2 years of practical
experience working at least 30 full-time hours per week as
a licensed cosmetologist or esthetician and has completed
an instructor's institute of 20 hours, as prescribed by the
Department, prior to submitting an application for
examination;
(5) has passed an examination authorized by the
Department to determine eligibility to receive a license as
a licensed cosmetology teacher or licensed esthetics
teacher;
(6) (blank); and
(7) has met any other requirements required by this
Act.
The Department shall not issue any new esthetics clinic
teacher licenses after January 1, 2009. Any person issued a
license as an esthetics clinic teacher before January 1, 2009,
may renew the license after that date under this Act and that
person may continue to renew the license or have the license
restored during his or her lifetime, subject only to the
renewal or restoration requirements for the license under this
Act; however, such licensee and license shall remain subject to
the provisions of this Act, including, but not limited to,
provisions concerning renewal, restoration, fees, continuing
education, discipline, administration, and enforcement.

(c) An applicant who is issued a license as an esthetics
teacher or esthetics clinic teacher is not required to maintain
an esthetics license in order to practice as an esthetician as
defined in this Act.
(Source: P.A. 94-451, eff. 12-31-05.)
(225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3A-5. Examination.
(a) The Department shall authorize examinations of
applicants for a license as an esthetician or teacher of
esthetics at such times and places as it may determine. The
Department shall authorize no fewer than 4 examinations for a
license as an esthetician or a teacher of esthetics in a
calendar year.
If an applicant neglects, fails without an approved excuse,
or refuses to take the next available examination offered for
licensure under this Act, the fee paid by the applicant shall
be forfeited to the Department and the application denied. If
an applicant fails to pass an examination for licensure under
this Act within 3 years after filing his or her application,
the application shall be denied. However, such applicant may
thereafter make a new application for examination, accompanied
by the required fee, if he or she meets the requirements in
effect at the time of reapplication. If an applicant for
licensure as an esthetician is unsuccessful at 3 examinations

conducted by the Department, the applicant shall, before taking
a subsequent examination, furnish evidence of not less than 125
hours of additional study of esthetics in an approved school of
cosmetology or esthetics since the applicant last took the
examination. If an applicant for licensure as an esthetics
teacher or esthetics clinic teacher is unsuccessful at 3
examinations conducted by the Department, the applicant shall,
before taking a subsequent examination, furnish evidence of not
less than 80 hours of additional study in teaching methodology
and educational psychology in a licensed school of cosmetology
or esthetics since the applicant last took the examination. An
applicant who fails to pass a fourth examination shall not
again be admitted to an examination unless (i) in the case of
an applicant for licensure as an esthetician, the applicant
shall again take and complete a program of 750 hours in the
study of esthetics in a licensed school of cosmetology approved
to teach esthetics or a school of esthetics, extending over a
period that commences after the applicant fails to pass the
fourth examination and that is not less than 18 weeks nor more
than 4 consecutive years in duration; or (ii) in the case of an
applicant for a license as an esthetics teacher, the applicant
shall again take and complete a program of 750 hours of teacher
training in a school of cosmetology approved to teach esthetics
or a school of esthetics, except that if the applicant had 2
years of practical experience as a licensed cosmetologist or
esthetician within 5 years preceding the initial examination

taken by the applicant, the applicant must again take and
complete a program of 500 hours of teacher training in licensed
cosmetology or a licensed esthetics school; or (iii) in the
case of an applicant for a license as an esthetics clinic
teacher, the applicant shall again take and complete a program
of 250 hours of clinic teacher training in a licensed school of
cosmetology or a licensed school of esthetics.
(b) Each applicant shall be given a written examination
testing both theoretical and practical knowledge which shall
include, but not be limited to, questions that determine the
applicant's knowledge, as provided by rule.
(c) The examination of applicants for licensure as an
esthetics teacher may include:
(1) teaching methodology;
(2) classroom management; and
(3) record keeping and any other subjects that the
Department may deem necessary to insure competent
performance.
(d) This Act does not prohibit the practice of esthetics by
one who has applied in writing to the Department, in form and
substance satisfactory to the Department, for a license as an
esthetician or , an esthetics teacher, or an esthetics clinic
teacher and has complied with all the provisions of this Act in
order to qualify for a license, except the passing of an
examination to be eligible to receive such license certificate,
until: (i) the expiration of 6 months after the filing of such

written application, or (ii) the decision of the Department
that the applicant has failed to pass an examination within 6
months or failed without an approved excuse to take an
examination conducted within 6 months by the Department, or
(iii) the withdrawal of the application.
(Source: P.A. 94-451, eff. 12-31-05.)
(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3A-6. Licensure; renewal; continuing education;
examination; military service. The holder of a license issued
under this Article may renew such license during the month
preceding the expiration date thereof by paying the required
fee, giving evidence the Department may prescribe of completing
not less than 10 hours for estheticians, and not less than 20
hours of continuing education for esthetics teachers or
esthetics clinic teachers, within the 2 years prior to renewal.
The training shall be in subjects, approved by the Department
as prescribed by rule upon recommendation of the Board
Committee.
A license that has expired or been placed on inactive
status may be restored only by payment of the restoration fee
and submitting evidence satisfactory to the Department of the
current qualifications and fitness of the licensee including
the completion of continuing education hours for the period
following expiration.

A license issued under the provisions of this Act that has
expired while the holder of the license was engaged (1) in
federal service on active duty with the Army of the United
States, the United States Navy, the Marine Corps, the Air
Force, the Coast Guard, or any Women's Auxiliary thereof, or
the State Militia called into the service or training of the
United States of America, or (2) in training or education under
the supervision of the United States preliminary to induction
into the military service, may be reinstated or restored
without the payment of any lapsed renewal fees, reinstatement
fee, or restoration fee if within 2 years after the termination
of such service, training, or education other than by
dishonorable discharge, the holder furnishes the Department
with an affidavit to the effect that he or she has been so
engaged and that his or her service, training, or education has
been so terminated.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section, and shall
adopt rules defining the standards and criteria for such
waiver, under the following circumstances:
(1) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee to
provide service to the public;
(2) the licensee's compliance with the continuing
education requirements would cause a substantial financial

hardship on the licensee;
(3) the licensee is serving in the United States Armed
Forces; or
(4) the licensee is incapacitated due to illness.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
(225 ILCS 410/3A-7) (from Ch. 111, par. 1703A-7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3A-7. Estheticians licensed elsewhere. Upon payment
of the required fee, an applicant who is an esthetician
registered or licensed under the laws of another state or
territory of the United States or of a foreign country or
province may, without examination, be granted a license as a
licensed esthetician by the Department in its discretion upon
the following conditions:
(a) In the case of an esthetician registered or licensed
elsewhere,
(1) The applicant is at least 16 years of age; and
(2) The requirements for the registration or licensing
of estheticians in the particular state, territory,
country, or province were at the date of the license
substantially equivalent to the requirements then in force
in this State.
(b) In the case of an esthetics teacher or esthetics clinic
teacher registered or licensed elsewhere,
(1) The applicant is at least 18 years of age; and

(2) The requirements for the registration or licensing
of esthetics teachers or esthetics clinic teachers in the
particular state, territory, country, or province were at
the date of the license substantially equivalent to the
requirements then in force in this State; or the applicant
has established proof of legal practice as an esthetics
teacher in another jurisdiction for at least 3 years.
If the Department, in its discretion and in accordance with
the rules, deems it necessary, an applicant registered or
licensed under the laws of a foreign country or province may be
required to pass an examination as required by this Act.
An applicant who has been licensed to practice esthetics in
another state may receive credit of at least 300 hours for each
year of experience toward the education required under this
Act.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
(225 ILCS 410/Art. IIIB heading)
ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
AND NAIL TECHNOLOGY SCHOOLS
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-1. Application. The provisions of this Article are
applicable only to barber, cosmetology, esthetics, hair

braiding, and nail technology schools regulated under this Act.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/3B-10)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-10. Requisites for ownership or operation of
school. No person, firm, or corporation may own, operate, or
conduct a school of barbering, cosmetology, esthetics, hair
braiding, or nail technology for the purpose of teaching
barbering, cosmetology, 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 on forms
provided by the Department, pay the required fees, and comply
with the following requirements:
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.
c. (Blank).
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 and
rules;
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.
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
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;
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.
7. A final inspection of the barber, cosmetology,
esthetics, hair braiding, or nail technology school shall
be made by the Department before the school may commence
classes.

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 barber, cosmetology,
esthetics, hair braiding, or nail technology school.
(Source: P.A. 98-238, eff. 1-1-14.)
(225 ILCS 410/3B-11)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-11. Periodic review of barber, cosmetology,
esthetics, hair braiding, and nail technology schools. The
Department shall review at least biennially all approved
schools and courses of instruction. The biennial review shall
include consideration of a comparison between the graduation or
completion rate for the school and the graduation or completion
rate for the schools within that classification of schools.
Consideration shall be given to complaints and information
forwarded to the Department by the Federal Trade Commission,
Better Business Bureaus, the Illinois Attorney General's
Office, a State's Attorney's Office, other State or official
approval agencies, local school officials, and interested
persons. The Department shall investigate all complaints filed
with the Department about a school or its sales
representatives.
A school shall retain the records, as defined by rule, of a
student who withdraws from or drops out of the school, by
written notice of cancellation or otherwise, for any period

longer than 7 years from the student's first day of attendance.
However, a school shall retain indefinitely the transcript of
each student who completes the program and graduates from the
school.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/3B-12)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-12. Enrollment agreements.
(a) Enrollment agreements shall be used by barber,
cosmetology, esthetics, hair braiding, and nail technology
schools licensed to operate by the Department and shall include
the following written disclosures:
(1) The name and address of the school and the
addresses where instruction will be given;
(2) The name and description of the course of
instruction, including the number of clock hours in each
course and an approximate number of weeks or months
required for completion;
(3) The scheduled starting date and calculated
completion date;
(4) The total cost of the course of instruction
including any charges made by the school for tuition,
books, materials, supplies, and other expenses;
(5) A clear and conspicuous statement that the contract
is a legally binding instrument when signed by the student

and accepted by the school;
(6) A clear and conspicuous caption, "BUYER'S RIGHT TO
CANCEL" under which it is explained that the student has
the right to cancel the initial enrollment agreement until
midnight of the fifth business day after the student has
been enrolled; and if notice of the right to cancel is not
given to any prospective student at the time the enrollment
agreement is signed, then the student has the right to
cancel the agreement at any time and receive a refund of
all monies paid to date within 10 days of cancellation;
(7) A notice to the students that the cancellation must
be in writing and given to the registered agent, if any, or
managing employee of the school;
(8) The school's refund policy for unearned tuition,
fees, and other charges;
(9) The date of the student's signature and the date of
the student's admission;
(10) The name of the school employee or agent
responsible for procuring, soliciting, or enrolling the
student;
(11) A clear statement that the institution does not
guarantee employment and a statement describing the
school's placement assistance procedures;
(12) The graduation requirements of the school;
(13) The contents of the following notice, in at least
10 point bold type:

"NOTICE TO THE STUDENT"
"Do not sign this contract before you read it or if it
contains any blank space. You are entitled to an exact copy
of the contract you sign."
(14) A statement either in the enrollment agreement or
separately provided and acknowledged by the student
indicating the number of students who did not complete the
course of instruction for which they enrolled for the past
calendar year as compared to the number of students who
enrolled in school during the school's past calendar year;
(15) The following clear and conspicuous caption:
"COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
forth with the address and telephone number of the
Department's Chicago and Springfield offices.
(b) If the enrollment is negotiated orally in a language
other than English, then copies of the above disclosures shall
be tendered in the language in which the contract was
negotiated prior to executing the enrollment agreement.
(c) The school shall comply with all applicable
requirements of the Retail Installment Sales Act in its
enrollment agreement or student contracts.
(d) No enrollment agreement or student contract shall
contain a wage assignment provision or a confession of judgment
clause.
(e) Any provision in an enrollment agreement or student

contract that purports to waive the student's right to assert
against the school, or any assignee, any claim or defense he or
she may have against the school arising under the contract
shall be void.
(f) Two copies of the enrollment agreement shall be signed
by the student. One copy shall be given to the student and the
school shall retain the other copy as part of the student's
permanent record.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/3B-15)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-15. Grounds for disciplinary action. In addition to
any other cause herein set forth the Department may refuse to
issue or renew and may suspend, place on probation, or revoke
any license to operate a school, or take any other disciplinary
or non-disciplinary action that the Department may deem proper,
including the imposition of fines not to exceed $5,000 for each
violation, for any one or any combination of the following
causes:
(1) Repeated violation of any provision of this Act or
any standard or rule established under this Act.
(2) Knowingly furnishing false, misleading, or
incomplete information to the Department or failure to
furnish information requested by the Department.
(3) Violation of any commitment made in an application

for a license, including failure to maintain standards that
are the same as, or substantially equivalent to, those
represented in the school's applications and advertising.
(4) Presenting to prospective students information
relating to the school, or to employment opportunities or
opportunities for enrollment in institutions of higher
learning after entering into or completing courses offered
by the school, that is false, misleading, or fraudulent.
(5) Failure to provide premises or equipment or to
maintain them in a safe and sanitary condition as required
by law.
(6) Failure to maintain financial resources adequate
for the satisfactory conduct of the courses of instruction
offered or to retain a sufficient and qualified
instructional and administrative staff.
(7) Refusal to admit applicants on account of race,
color, creed, sex, physical or mental handicap unrelated to
ability, religion, or national origin.
(8) Paying a commission or valuable consideration to
any person for acts or services performed in violation of
this Act.
(9) Attempting to confer a fraudulent degree, diploma,
or certificate upon a student.
(10) Failure to correct any deficiency or act of
noncompliance under this Act or the standards and rules
established under this Act within reasonable time limits

set by the Department.
(11) Conduct of business or instructional services
other than at locations approved by the Department.
(12) Failure to make all of the disclosures or making
inaccurate disclosures to the Department or in the
enrollment agreement as required under this Act.
(13) Failure to make appropriate refunds as required by
this Act.
(14) Denial, loss, or withdrawal of accreditation by
any accrediting agency.
(15) During any calendar year, having a failure rate of
25% or greater for those of its students who for the first
time take the examination authorized by the Department to
determine fitness to receive a license as a barber, barber
teacher, cosmetologist, cosmetology teacher, esthetician,
esthetician teacher, hair braider, hair braiding teacher,
nail technician, or nail technology teacher, provided that
a student who transfers into the school having completed
50% or more of the required program and who takes the
examination during that calendar year shall not be counted
for purposes of determining the school's failure rate on an
examination, without regard to whether that transfer
student passes or fails the examination.
(16) Failure to maintain a written record indicating
the funds received per student and funds paid out per
student. Such records shall be maintained for a minimum of

7 years and shall be made available to the Department upon
request. Such records shall identify the funding source and
amount for any student who has enrolled as well as any
other item set forth by rule.
(17) Failure to maintain a copy of the student record
as defined by rule.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/3B-16 new)
Sec. 3B-16. Department of Corrections. The Secretary may
waive any requirement of this Act or of the rules enacted by
the Department pursuant to this Act pertaining to the operation
of a barber, cosmetology, esthetics, hair braiding, or nail
technology school owned or operated by the Department of
Corrections and located in a correctional facility to educate
inmates that is inconsistent with the mission or operations of
the Department of Corrections or is detrimental to the safety
and security of any correctional facility. Nothing in this
Section 3B-16 exempts the Department of Corrections from the
necessity of licensure.
(225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-1. Definitions. "Nail technician" means any person
who for compensation manicures, pedicures, or decorates nails,
applies artificial applications by hand or with mechanical or

electrical apparatus or appliances, or in any way beautifies
the nails or the skin of the hands or feet including massaging
the hands, arms, elbows, feet, lower legs, and knees of another
person for other than the treatment of medical disorders.
However, nail technicians are prohibited from using
techniques, products, and practices intended to affect the
living layers of the skin. The term nail technician includes
rendering advice on what is cosmetically appealing, but no
person licensed under this Act shall render advice on what is
appropriate medical treatment for diseases of the nails or
skin.
"Nail technician teacher" means an individual licensed by
the Department to provide instruction in the theory and
practice of nail technology to students in an approved nail
technology school.
"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
school of cosmetology or an approved school of nail technology.
(Source: P.A. 94-451, eff. 12-31-05.)
(225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-3. Licensure as a nail technology teacher or nail
technology clinic teacher; qualifications.

(a) A person is qualified to receive a license as a nail
technology teacher if that person has filed an application on
forms provided by the Department, paid the required fee, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a cosmetologist or nail
technician;
(4) has either: (1) completed a program of 500 hours of
teacher training in a licensed school of nail technology or
cosmetology, and had 2 years of practical experience as a
nail technician; or (2) has completed a program of 625
hours of teacher training in a licensed school of
cosmetology approved to teach nail technology or school of
nail technology; and
(5) who has passed an examination authorized by the
Department to determine eligibility to receive a license as
a cosmetology or nail technology teacher.
(b) A person is qualified to receive a license as a nail
technology clinic teacher if that person has applied in writing
on forms supplied by the Department, paid the required fees,
and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a licensed cosmetologist
or nail technician;
(4) has (i) completed a program of 250 hours of clinic

teacher training in a licensed school of cosmetology or a
licensed nail technology school or (ii) within 5 years
preceding the examination, has obtained a minimum of 2
years of practical experience working at least 30 full-time
hours per week as a licensed cosmetologist or nail
technician and has completed an instructor's institute of
20 hours, as prescribed by the Department, prior to
submitting an application for examination;
(5) has passed an examination authorized by the
Department to determine eligibility to receive a license as
a licensed cosmetology teacher or licensed nail technology
teacher;
(6) demonstrates, to the satisfaction of the
Department, current skills in the use of machines used in
the practice of nail technology; and
(7) has met any other requirements required by this
Act.
The Department shall not issue any new nail technology
clinic teacher licenses after January 1, 2009. Any person
issued a license as a nail technology clinic teacher before
January 1, 2009, may renew the license after that date under
this Act and that person may continue to renew the license or
have the license restored during his or her lifetime, subject
only to the renewal or restoration requirements for the license
under this Act; however, such licensee and license shall remain
subject to the provisions of this Act, including, but not

limited to, provisions concerning renewal, restoration, fees,
continuing education, discipline, administration, and
enforcement.
(b) (c) An applicant who receives a license as a nail
technology teacher or nail technology clinic teacher shall not
be required to maintain a license as a nail technician.
(Source: P.A. 94-451, eff. 12-31-05.)
(225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-7. Examinations; failure or refusal to take
examination. The Department shall authorize examinations of
applicants for licenses as nail technicians and teachers of
nail technology at the times and places as it may determine.
The Department shall authorize not less than 4 examinations
for licenses as nail technicians, and nail technology teachers
in a calendar year.
If an applicant neglects, fails without an approved excuse,
or refuses to take the next available examination offered for
licensure under this Act, the fee paid by the applicant shall
be forfeited to the Department and the application denied. If
an applicant fails to pass an examination for licensure under
this Act within 3 years after filing an application, the
application shall be denied. Nevertheless, the applicant may
thereafter make a new application for examination, accompanied
by the required fee, if he or she meets the requirements in

effect at the time of reapplication. If an applicant for
licensure as a nail technician or , nail technology teacher, or
nail technology clinic teacher is unsuccessful at 3
examinations conducted by the Department, the applicant shall,
before taking a subsequent examination, furnish evidence of
successfully completing (i) for a nail technician, not less
than 60 hours of additional study of nail technology in a
licensed school of cosmetology approved to teach nail
technology or nail technology and (ii) for a nail technology
teacher or nail technology clinic teacher, not less than 80
hours of additional study in teaching methodology and
educational psychology in an approved school of cosmetology or
nail technology since the applicant last took the examination.
An applicant who fails the fourth examination shall not
again be admitted to an examination unless: (i) in the case of
an applicant for a license as a nail technician, the applicant
again takes and completes a total of 350 hours in the study of
nail technology in an approved school of cosmetology or nail
technology extending over a period that commences after the
applicant fails to pass the fourth examination and that is not
less than 8 weeks nor more than 2 consecutive years in
duration; or (ii) in the case of an applicant for licensure as
a nail technology teacher, the applicant again takes and
completes a program of 625 hours of teacher training in a
licensed an approved school of cosmetology, or nail technology,
except that if the applicant had 2 years of practical

experience as a licensed nail technician within 5 years
preceding the initial examination taken by the applicant, the
applicant must again take and complete a program of 500 hours
of teacher training in a licensed school of cosmetology
approved to teach nail technology, or a licensed school of nail
technology or a program of 250 hours of clinic teacher training
in a licensed school of cosmetology.
Each applicant for licensure as a nail technician shall be
given a written examination testing both theoretical and
practical knowledge, which shall include, but not be limited
to, questions that determine the applicant's knowledge of
product chemistry, sanitary rules, sanitary procedures,
hazardous chemicals and exposure minimization, this Act, and
labor and compensation laws.
The examination for licensure as a nail technology teacher
or nail technology clinic teacher may include knowledge of the
subject matter, teaching methodology, classroom management,
record keeping, and any other subjects that the Department in
its discretion may deem necessary to insure competent
performance.
This Act does not prohibit the practice of nail technology
by a person who has applied in writing to the Department, in
form and substance satisfactory to the Department, for a
license as a nail technician, or the teaching of nail
technology by one who has applied in writing to the Department,
in form and substance satisfactory to the Department, for a

license as a nail technology teacher or nail technology clinic
teacher, if the person has complied with all the provisions of
this Act in order to qualify for a license, except the passing
of an examination to be eligible to receive a license, until:
(a) the expiration of 6 months after the filing of the written
application, or (b) the decision of the Department that the
applicant has failed to pass an examination within 6 months or
failed without an approved excuse to take an examination
conducted within 6 months by the Department, or (c) the
withdrawal of the application.
(Source: P.A. 90-302, eff. 8-1-97; 91-863, eff. 7-1-00.)
(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-8. License renewal; expiration; continuing
education; persons in military service. The holder of a license
issued under this Article may renew that license during the
month preceding the expiration date of the license by paying
the required fee and giving evidence, as the Department may
prescribe, of completing not less than 10 hours of continuing
education for a nail technician and 20 hours of continuing
education for a nail technology teacher or nail technology
clinic teacher, within the 2 years prior to renewal. The
continuing education shall be in subjects approved by the
Department upon recommendation of the Barber, Cosmetology,
Esthetics, Hair Braiding, and Nail Technology Board Committee

relating to the practice of nail technology, including, but not
limited to, review of sanitary procedures, review of chemical
service procedures, review of this Act, and review of the
Workers' Compensation Act. However, at least 10 of the hours of
continuing education required for a nail technology teacher or
nail technology clinic teacher shall be in subjects relating to
teaching methodology, educational psychology, and classroom
management or in other subjects related to teaching.
A license that has been expired or placed on inactive
status may be restored only by payment of the restoration fee
and submitting evidence satisfactory to the Department of the
meeting of current qualifications and fitness of the licensee,
including the completion of continuing education hours for the
period subsequent to expiration.
A license issued under this Article that has expired while
the holder of the license was engaged (1) in federal service on
active duty with the Army of the United States, the United
States Navy, the Marine Corps, the Air Force, the Coast Guard,
or any Women's Auxiliary thereof, or the State Militia called
into the service or training of the United States of America,
or (2) in training or education under the supervision of the
United States preliminary to induction into the military
service, may be reinstated or restored without the payment of
any lapsed renewal fees, reinstatement fee or restoration fee
if, within 2 years after the termination of the service,
training, or education other than by dishonorable discharge,

the holder furnishes the Department with an affidavit to the
effect that the certificate holder has been so engaged and that
the service, training, or education has been so terminated.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section, and shall
adopt rules defining the standards and criteria for such
waiver, under the following circumstances:
(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee to
provide service to the public;
(b) the licensee's compliance with the continuing
education requirements would cause a substantial financial
hardship on the licensee;
(c) the licensee is serving in the United States Armed
Forces; or
(d) the licensee is incapacitated due to illness.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
90-302, eff. 8-1-97.)
(225 ILCS 410/3C-9) (from Ch. 111, par. 1703C-9)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-9. Nail technicians or nail technology teachers
licensed elsewhere Endorsement. Upon payment of the required
fee, an applicant who is a nail technician or , nail technology
teacher, or nail technology clinic teacher registered or

licensed under the laws of another state or territory of the
United States or of a foreign country or province may be
granted a license as a nail technician or , nail technician
teacher, or nail technology clinic teacher by the Department in
its discretion upon the following conditions:
(a) For a nail technologist registered or licensed
elsewhere:
(1) the applicant is at least 16 years of age;
(1.5) the applicant has passed an examination
authorized by the Department to determine eligibility to
receive a license as a nail technician; and
(2) the requirements for the registration or licensing
of nail technicians in the particular state, territory,
country or province were, at the date of licensure,
substantially equivalent to the requirements then in force
in this State. The Department shall prescribe reasonable
rules and regulations governing the recognition of and the
credit to be given to the study of nail technology under a
cosmetologist or nail technician registered or licensed
under the laws of another state or territory of the United
States or a foreign country or province by an applicant for
a license as a nail technician.
(b) For a nail technology teacher or nail technology clinic
teacher licensed or registered elsewhere:
(1) the applicant is at least 18 years of age;
(1.5) the applicant has passed an examination

authorized by the Department to determine eligibility to
receive a license as a nail technology teacher; and
(2) the requirements for the licensing of nail
technology teachers or nail technology clinic teachers in
the other jurisdiction were, at the date of licensure,
substantially equivalent to the requirements then in force
in this State; or the applicant has established proof of
legal practice as a nail technology teacher or nail
technology clinic teacher in another jurisdiction for at
least 3 years.
The Department shall allow applicants who have been
licensed to practice nail technology in other states a credit
of at least 75 hours for each year of experience toward the
education required under this Act.
(Source: P.A. 94-451, eff. 12-31-05.)
(225 ILCS 410/4-1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-1. Powers and duties of Department. The Department
shall exercise, subject to the provisions of this Act, the
following functions, powers and duties:
(1) To cause to be conducted examinations to ascertain
the qualifications and fitness of applicants for licensure
as cosmetologists, estheticians, nail technicians, hair
braiders, or barbers and as cosmetology, esthetics, nail
technology, hair braiding, or barber teachers.

(2) To determine the qualifications for licensure as
(i) a cosmetologist, esthetician, nail technician, hair
braider, or barber, or (ii) a cosmetology, esthetics, nail
technology, hair braiding, or barber teacher, or (iii) a
cosmetology, esthetics, hair braiding, or nail technology
clinic teacher for persons currently holding similar
licenses outside the State of Illinois or the continental
U.S.
(3) To prescribe rules for:
(i) The method of examination of candidates for
licensure as a cosmetologist, esthetician, nail
technician, hair braider, or barber or cosmetology,
esthetics, nail technology, hair braiding, or barber
teacher.
(ii) Minimum standards as to what constitutes an
approved cosmetology, esthetics, nail technology, hair
braiding, or barber school.
(4) To conduct investigations or hearings on
proceedings to determine disciplinary action.
(5) To prescribe reasonable rules governing the
sanitary regulation and inspection of cosmetology,
esthetics, nail technology, hair braiding, or barber
schools, salons, or shops.
(6) To prescribe reasonable rules for the method of
renewal for each license as a cosmetologist, esthetician,
nail technician, hair braider, or barber or cosmetology,

esthetics, nail technology, hair braiding, or barber
teacher or cosmetology, esthetics, hair braiding, or nail
technology clinic teacher.
(7) To prescribe reasonable rules for the method of
registration, the issuance, fees, renewal and discipline
of a certificate of registration for the ownership or
operation of cosmetology, esthetics, hair braiding, and
nail technology salons and barber shops.
(8) To adopt rules concerning sanitation requirements,
requirements for education on sanitation, and any other
health concerns associated with threading.
(Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11;
97-333, eff. 8-12-11.)
(225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-4. Issuance of license. Whenever the provisions of
this Act have been complied with, the Department shall issue a
license as a cosmetologist, esthetician, nail technician, hair
braider, or barber, a license as a cosmetology, esthetics, nail
technology, hair braiding, or barber teacher, or a license as a
cosmetology, esthetics, hair braiding, or nail technology
clinic teacher as the case may be.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-5.1)

(Section scheduled to be repealed on January 1, 2016)
Sec. 4-5.1. Deposit of fees and fines. Beginning July 1,
1995, all of the fees and fines collected under this Act shall
be deposited into the General Professions Dedicated Fund.
The funds deposited under this Act into the General
Professions Dedicated Fund, may be used by the Department to
publish and distribute a newsletter to all persons licensed
under this Act; such a newsletter should contain information
about any changes in the Act or administrative rules concerning
licensees cosmetologists, cosmetology teachers, or cosmetology
clinic teachers. If appropriate funding is available, the
Department may also distribute to all persons licensed under
this Act copies of this Act and the appropriate administrative
rules that apply, during the renewal process.
(Source: P.A. 90-602, eff. 1-1-99.)
(225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-7. Refusal, suspension and revocation of licenses;
causes; disciplinary action.
(1) The Department may refuse to issue or renew, and may
suspend, revoke, place on probation, reprimand or take any
other disciplinary or non-disciplinary action as the
Department may deem proper, including civil penalties not to
exceed $500 for each violation, with regard to any license for
any one, or any combination, of the following causes:

a. Conviction of any crime under the laws of the United
States or any state or territory thereof that is (i) a
felony, (ii) a misdemeanor, an essential element of which
is dishonesty, or (iii) a crime which is related to the
practice of the profession.
b. Conviction of any of the violations listed in
Section 4-20.
c. Material misstatement in furnishing information to
the Department.
d. Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act
or its rules.
e. Aiding or assisting another person in violating any
provision of this Act or its rules.
f. Failing, within 60 days, to provide information in
response to a written request made by the Department.
g. Discipline by another state, territory, or country
if at least one of the grounds for the discipline is the
same as or substantially equivalent to those set forth in
this Act.
h. Practice in the barber, nail technology, esthetics,
hair braiding, or cosmetology profession, or an attempt to
practice in those professions, by fraudulent
misrepresentation.
i. Gross malpractice or gross incompetency.
j. Continued practice by a person knowingly having an

infectious or contagious disease.
k. Solicitation of professional services by using
false or misleading advertising.
l. A finding by the Department that the licensee, after
having his or her license placed on probationary status,
has violated the terms of probation.
m. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered.
n. Violating any of the provisions of this Act or rules
adopted pursuant to this Act.
o. Willfully making or filing false records or reports
relating to a licensee's practice, including but not
limited to, false records filed with State agencies or
departments.
p. Habitual or excessive use addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill or safety.
q. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as may be defined by rules of
the Department, or violating the rules of professional
conduct which may be adopted by the Department.

r. Permitting any person to use for any unlawful or
fraudulent purpose one's diploma or license or certificate
of registration as a cosmetologist, nail technician,
esthetician, hair braider, or barber or cosmetology, nail
technology, esthetics, hair braiding, or barber teacher or
salon or shop or cosmetology, esthetics, hair braiding, or
nail technology clinic teacher.
s. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act and upon proof by
clear and convincing evidence that the licensee has caused
a child to be an abused child or neglected child as defined
in the Abused and Neglected Child Reporting Act.
(2) In rendering an order, the Secretary shall take into
consideration the facts and circumstances involving the type of
acts or omissions in paragraph (1) of this Section including,
but not limited to:
(a) the extent to which public confidence in the
cosmetology, nail technology, esthetics, hair braiding, or
barbering profession was, might have been, or may be,
injured;
(b) the degree of trust and dependence among the
involved parties;
(c) the character and degree of harm which did result
or might have resulted;
(d) the intent or mental state of the licensee at the

time of the acts or omissions.
(3) The Department shall reissue the license or
registration upon certification by the Board Committee that the
disciplined licensee or registrant has complied with all of the
terms and conditions set forth in the final order or has been
sufficiently rehabilitated to warrant the public trust.
(4) The Department shall may refuse to issue or renew or
may suspend without hearing the license or certificate of
registration of any person who fails to file a return, or to
pay the tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied as determined by the Department of Revenue.
(5) The Department shall deny without hearing any
application for a license or renewal of a license under this
Act by a person who has defaulted on an educational loan
guaranteed by the Illinois Student Assistance Commission;
however, the Department may issue or renew a license if the
person in default has established a satisfactory repayment
record as determined by the Illinois Student Assistance
Commission.
(6) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.

(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-8) (from Ch. 111, par. 1704-8)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-8. Persons in need of mental treatment. The
determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission as provided in the
Mental Health and Developmental Disabilities Code operates as
an automatic suspension. Such suspension shall end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and issues an order
so finding and discharging the patient; and upon the
recommendation of the Board Committee to the Secretary that the
licensee be allowed to resume his practice.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-9. Practice without a license or after suspension or
revocation thereof.
(a) If any person violates the provisions of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, petition, for an order enjoining such violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in such court, the court may

issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the Court may punish the offender for
contempt of court. Proceedings under this Section shall be in
addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
(b) If any person shall practice as a barber,
cosmetologist, nail technician, hair braider, or esthetician,
or teacher thereof or cosmetology, esthetics, hair braiding, or
nail technology clinic teacher or hold himself or herself out
as such without being licensed under the provisions of this
Act, any licensee, any interested party, or any person injured
thereby may, in addition to the Secretary, petition for relief
as provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against him. The rule shall clearly set forth the
grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued immediately.
(Source: P.A. 96-1246, eff. 1-1-11.)

(225 ILCS 410/4-10) (from Ch. 111, par. 1704-10)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-10. Refusal, suspension and revocation of licenses;
investigations and hearing. The Department may upon its own
motion and shall, upon the verified complaint in writing of any
person setting forth the facts which if proven would constitute
grounds for disciplinary action as set forth in Section 4-7,
investigate the actions of any person holding or claiming to
hold a license. The Department shall, at least 30 days prior to
the date set for the hearing, notify in writing the applicant
or the holder of that license of any charges made and shall
afford the accused person an opportunity to be heard in person
or by counsel in reference thereto. The Department shall direct
the applicant or licensee to file a written answer to the Board
under oath within 20 days after the service of the notice and
inform the applicant or licensee that failure to file an answer
will result in default being taken against the applicant or
licensee and that the license may be suspended, revoked, placed
on probationary status, or other disciplinary action may be
taken, including limiting the scope, nature or extent of
practice, as the Secretary may deem proper. The written notice
may be served by the delivery of the notice personally to the
accused person, or by mailing the notice by registered or
certified mail to the place of business last specified by the
accused person in his last notification to the Department. In
case the person fails to file an answer after receiving notice,

his or her license or certificate may, in the discretion of the
Department be suspended, revoked, or placed on probationary
status, or the Department, may take whatever disciplinary
action deemed proper, including limiting the scope, nature, or
extent of the person's practice or the imposition of a fine,
without a hearing, if the act or acts charged constitute
sufficient grounds for such action under this Act. At the time
and place fixed in the notice, the Board Committee designated
by the Secretary, as provided in this Act, shall proceed to
hearing of the charges and both the accused person and the
complainant shall be accorded ample opportunity to present in
person or by counsel, any statements, testimony, evidence and
arguments as may be pertinent to the charges or their defense.
The Board Committee may continue a hearing from time to time.
If the Committee is not sitting at the time and place fixed in
the notice or at the time and place to which hearing has been
continued, the Department shall continue the hearing for not
more than 30 days.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-11) (from Ch. 111, par. 1704-11)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-11. Record of proceedings. The Department, at its
expense, shall provide a stenographer to take down the
testimony and preserve a record of all proceedings at the
hearing of any case wherein a license is revoked or suspended.

The notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Board Committee and the orders of the Department shall be the
record of such proceedings.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/4-12) (from Ch. 111, par. 1704-12)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-12. Department may take testimony - oaths. The
Department shall have power to subpoena and bring before it any
person in this State and to take testimony either orally or by
deposition, or both, with the same fees and mileage and in the
same manner as prescribed by law in judicial procedure in civil
cases in courts of this State.
The Secretary, any hearing officer appointed by the
Secretary, and any member of the Board Committee shall each
have power to administer oaths to witnesses at any hearing
which the Department is authorized by law to conduct, and any
other oaths required or authorized in any Act administered by
the Department.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-14) (from Ch. 111, par. 1704-14)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-14. Report of Board committee; rehearing. The Board

Committee shall present to the Secretary its written report of
its findings and recommendations. A copy of such report shall
be served upon the accused person, either personally or by
registered mail as provided in this Section for the service of
the citation. Within 20 days after such service, said accused
person may present to the Department his or her motion in
writing for rehearing, which written motion shall specify the
particular grounds therefor. If said accused person shall order
and pay for a transcript of the record as provided in this
Section, the time elapsing thereafter and before such
transcript is ready for delivery to him or her shall not be
counted as part of such 20 days. Whenever the Secretary is
satisfied that substantial justice has not been done, he or she
may order a re-hearing by the same or a special committee. At
the expiration of the time specified for filing a motion or a
rehearing the Secretary shall have the right to take the action
recommended by the Board Committee. Upon the suspension or
revocation of his or her license a licensee shall be required
to surrender his or her license to the Department, and upon his
or her failure or refusal so to do, the Department shall have
the right to seize the same.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-15) (from Ch. 111, par. 1704-15)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-15. Hearing officer. Notwithstanding the

provisions of Section 4-10, the Secretary shall have the
authority to appoint any attorney duly licensed to practice law
in the State of Illinois to serve as the hearing officer in any
action for refusal to issue or renew, or discipline of a
license. The hearing officer shall have full authority to
conduct the hearing. The hearing officer shall report his or
her findings and recommendations to the Board Committee and the
Secretary. The Board Committee shall have 60 days from receipt
of the report to review the report of the hearing officer and
present their findings of fact, conclusions of law, and
recommendations to the Secretary. If the Board Committee fails
to present its report within the 60 day period, then the
Secretary shall issue an order based on the report of the
hearing officer. If the Secretary determines that the Board's
Committee's report is contrary to the manifest weight of the
evidence, then he or she may issue an order in contravention of
the Board's Committee's report.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-16. Order or certified copy; prima facie proof. An
order of revocation or suspension or a certified copy thereof,
over the seal of the Department and purporting to be signed by
the Secretary, shall be prima facie proof that:
1. the signature is the genuine signature of the

Secretary;
2. the Secretary is duly appointed and qualified; and
3. the Board Committee and the members thereof are
qualified to act.
Such proof may be rebutted.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-17) (from Ch. 111, par. 1704-17)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-17. Restoration of license. At any time after the
successful completion of a term of suspension or revocation of
a license any certificate, the Department may restore it to the
licensee accused person without examination, upon the written
recommendation of the Board Committee.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-19. Emergency suspension. The Secretary may
temporarily suspend the license of a barber, cosmetologist,
nail technician, hair braider, esthetician or teacher thereof
or of a cosmetology, esthetics, hair braiding, or nail
technology clinic teacher without a hearing, simultaneously
with the institution of proceedings for a hearing provided for
in Section 4-10 of this Act, if the Secretary finds that
evidence in his possession indicates that the licensee's

continuation in practice would constitute an imminent danger to
the public. In the event that the Secretary suspends,
temporarily, this license without a hearing, a hearing must be
commenced held within 30 days after such suspension has
occurred.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-20. Violations; penalties. Whoever violates any of
the following shall, for the first offense, be guilty of a
Class B misdemeanor; for the second offense, shall be guilty of
a Class A misdemeanor; and for all subsequent offenses, shall
be guilty of a Class 4 felony and be fined not less than $1,000
or more than $5,000.
(1) The practice of cosmetology, nail technology,
esthetics, hair braiding, or barbering or an attempt to
practice cosmetology, nail technology, esthetics, hair
braiding, or barbering without a license as a cosmetologist,
nail technician, esthetician, hair braider, or barber; or the
practice or attempt to practice as a cosmetology, nail
technology, esthetics, hair braiding, or barber teacher
without a license as a cosmetology, nail technology, esthetics,
hair braiding, or barber teacher; or the practice or attempt to
practice as a cosmetology, esthetics, hair braiding, or nail
technology clinic teacher without a proper license.

(2) The obtaining of or an attempt to obtain a license or
money or any other thing of value by fraudulent
misrepresentation.
(3) Practice in the barber, nail technology, cosmetology,
hair braiding, or esthetic profession, or an attempt to
practice in those professions, by fraudulent
misrepresentation.
(4) Wilfully making any false oath or affirmation whenever
an oath or affirmation is required by this Act.
(5) The violation of any of the provisions of this Act.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-22) (from Ch. 111, par. 1704-22)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-22. Certifications of record; costs. The Department
shall not be required to certify any record to the Court or
file any answer in court or otherwise appear in any Court in a
judicial review proceeding, unless and until the Department has
received from the plaintiff there is filed in the Court, with
the complaint, a receipt from the Department acknowledging
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department. Exhibits
shall be certified without cost. Failure on the part of the
plaintiff to file a receipt in Court shall be grounds for
dismissal of the action.
(Source: P.A. 87-1031.)

(225 ILCS 410/4-24 new)
Sec. 4-24. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 410/Art. IIA rep.)
Section 10. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
repealing Article IIA.
INDEX
Statutes amended in order of appearance