Bill Text: IL HB5835 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that students enrolled in licensed schools of cosmetology, barbering, esthetics, hair braiding, or nail technology may apply to take a licensing examination upon completing at least 80% of the clock hours required for the license they are seeking to obtain. Removes a provision allowing the Department of Financial and Professional Regulation to provide by rule for the administration of an examination prior to the completion of the applicant's program of training. Removes a provision requiring the Department to issue an annual report indicating certain statistics concerning initial applicants for a license.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2026-11-10 - Filed with the Clerk by Rep. Michael Crawford [HB5835 Detail]
Download: Illinois-2025-HB5835-Introduced.html
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| 1 | AN ACT concerning regulation. | |||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||||
| 4 | Section 5. The Barber, Cosmetology, Esthetics, Hair | |||||||||||||||||||||||
| 5 | Braiding, and Nail Technology Act of 1985 is amended by | |||||||||||||||||||||||
| 6 | changing Sections 3-6 and 4-6.1 and by adding Section 1-16 as | |||||||||||||||||||||||
| 7 | follows: | |||||||||||||||||||||||
| 8 | (225 ILCS 410/1-16 new) | |||||||||||||||||||||||
| 9 | Sec. 1-16. Early testing. Students enrolled in licensed | |||||||||||||||||||||||
| 10 | schools of cosmetology, barbering, esthetics, hair braiding, | |||||||||||||||||||||||
| 11 | or nail technology may apply to the Department's designated | |||||||||||||||||||||||
| 12 | testing service to take the examination required by Section | |||||||||||||||||||||||
| 13 | 2-7, 3-6, 3A-5, 3C-7, or 3E-8 upon completion of at least 80% | |||||||||||||||||||||||
| 14 | of the clock hours required by Section 2-2, 2-3, 3-2, 3A-2, | |||||||||||||||||||||||
| 15 | 3C-2, or 3E-2 and payment of a fee to the designated testing | |||||||||||||||||||||||
| 16 | service for initial screening and provision of the | |||||||||||||||||||||||
| 17 | examination. The licensed school shall provide the student's | |||||||||||||||||||||||
| 18 | transcript directly to the designated testing service to | |||||||||||||||||||||||
| 19 | verify that the student has completed at least 80% of the | |||||||||||||||||||||||
| 20 | required clock hours for the license the student is seeking to | |||||||||||||||||||||||
| 21 | obtain. A student is permitted to sit for the examination 2 | |||||||||||||||||||||||
| 22 | times while enrolled in a licensed school but shall not be | |||||||||||||||||||||||
| 23 | permitted to sit for the examination a third time prior to | |||||||||||||||||||||||
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| 1 | completing all of the required clock hours at the licensed | ||||||
| 2 | school. Applying to take the exam under this Section shall not | ||||||
| 3 | be considered an application for licensure. Apprentices | ||||||
| 4 | seeking licensure through an apprenticeship program shall not | ||||||
| 5 | be permitted to sit for an examination until they have | ||||||
| 6 | completed all of the hours required for their apprenticeship | ||||||
| 7 | program under Section 1-15. | ||||||
| 8 | (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6) | ||||||
| 9 | (Text of Section before amendment by P.A. 104-478) | ||||||
| 10 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 11 | Sec. 3-6. Examination. The Department shall authorize | ||||||
| 12 | examinations of applicants for licensure as cosmetologists and | ||||||
| 13 | teachers of cosmetology at the times and places it may | ||||||
| 14 | determine. Upon request, the examinations shall be | ||||||
| 15 | administered in Spanish and any other language as may be | ||||||
| 16 | determined by the Department to be necessary pursuant to the | ||||||
| 17 | Language Equity and Access Act. The Department may provide by | ||||||
| 18 | rule for the administration of the examination prior to the | ||||||
| 19 | completion of the applicant's program of training as required | ||||||
| 20 | in Section 3-2, 3-3, or 3-4. Notwithstanding Section 3-2, 3-3, | ||||||
| 21 | or 3-4, an applicant for licensure as a cosmetologist who has | ||||||
| 22 | completed 1,200 hours in the study of cosmetology may take the | ||||||
| 23 | examination. If an applicant for licensure as a cosmetologist | ||||||
| 24 | fails to pass 3 examinations conducted by the Department, the | ||||||
| 25 | applicant shall, before taking a subsequent examination, | ||||||
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| 1 | furnish evidence of not less than 100 hours of additional | ||||||
| 2 | study of cosmetology in a licensed school of cosmetology since | ||||||
| 3 | the applicant last took the examination. If an applicant for | ||||||
| 4 | licensure as a cosmetology teacher fails to pass 3 | ||||||
| 5 | examinations conducted by the Department, the applicant shall, | ||||||
| 6 | before taking a subsequent examination, furnish evidence of | ||||||
| 7 | not less than 80 hours of additional study in teaching | ||||||
| 8 | methodology and educational psychology in a licensed school of | ||||||
| 9 | cosmetology since the applicant last took the examination. The | ||||||
| 10 | requirements for remedial training set forth in this Section | ||||||
| 11 | may be waived in whole or in part by the Department upon proof | ||||||
| 12 | to the Department that the applicant has demonstrated | ||||||
| 13 | competence to again sit for the examination or if the | ||||||
| 14 | Department otherwise determines a waiver is appropriate. The | ||||||
| 15 | Department shall adopt rules establishing the standards by | ||||||
| 16 | which this determination shall be made. Each cosmetology | ||||||
| 17 | applicant shall be given an examination testing both | ||||||
| 18 | theoretical and practical knowledge, which shall include, but | ||||||
| 19 | not be limited to, questions that determine the applicant's | ||||||
| 20 | knowledge of product chemistry, sanitary rules, sanitary | ||||||
| 21 | procedures, chemical service procedures, hazardous chemicals | ||||||
| 22 | and exposure minimization, knowledge of the anatomy of the | ||||||
| 23 | skin, scalp, hair, and nails as they relate to applicable | ||||||
| 24 | services under this Act and labor and compensation laws. | ||||||
| 25 | The examination of applicants for licensure as a | ||||||
| 26 | cosmetology, esthetics, or nail technology teacher may include | ||||||
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| 1 | all of the elements of the exam for licensure as a | ||||||
| 2 | cosmetologist, esthetician, or nail technician and also | ||||||
| 3 | include teaching methodology, classroom management, record | ||||||
| 4 | keeping, and any other related subjects that the Department in | ||||||
| 5 | its discretion may deem necessary to ensure competent | ||||||
| 6 | performance. | ||||||
| 7 | (Source: P.A. 104-153, eff. 1-1-26.) | ||||||
| 8 | (Text of Section after amendment by P.A. 104-478) | ||||||
| 9 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 10 | Sec. 3-6. Examination. The Department shall authorize | ||||||
| 11 | examinations of applicants for licensure as cosmetologists and | ||||||
| 12 | teachers of cosmetology at the times and places it may | ||||||
| 13 | determine. Upon request, the examinations shall be | ||||||
| 14 | administered in Spanish and any other language as may be | ||||||
| 15 | determined by the Department to be necessary pursuant to the | ||||||
| 16 | Language Equity and Access Act. The Department may provide by | ||||||
| 17 | rule for the administration of the examination prior to the | ||||||
| 18 | completion of the applicant's program of training as required | ||||||
| 19 | in Section 3-2, 3-3, or 3-4. If an applicant for licensure as a | ||||||
| 20 | cosmetologist fails to pass 3 examinations conducted by the | ||||||
| 21 | Department, the applicant shall, before taking a subsequent | ||||||
| 22 | examination, furnish evidence of not less than 100 hours of | ||||||
| 23 | additional study of cosmetology in a licensed school of | ||||||
| 24 | cosmetology since the applicant last took the examination. If | ||||||
| 25 | an applicant for licensure as a cosmetology teacher fails to | ||||||
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| 1 | pass 3 examinations conducted by the Department, the applicant | ||||||
| 2 | shall, before taking a subsequent examination, furnish | ||||||
| 3 | evidence of not less than 80 hours of additional study in | ||||||
| 4 | teaching methodology and educational psychology in a licensed | ||||||
| 5 | school of cosmetology since the applicant last took the | ||||||
| 6 | examination. The requirements for remedial training set forth | ||||||
| 7 | in this Section may be waived in whole or in part by the | ||||||
| 8 | Department upon proof to the Department that the applicant has | ||||||
| 9 | demonstrated competence to again sit for the examination or if | ||||||
| 10 | the Department otherwise determines a waiver is appropriate. | ||||||
| 11 | The Department shall adopt rules establishing the standards by | ||||||
| 12 | which this determination shall be made. Each cosmetology | ||||||
| 13 | applicant shall be given an examination testing both | ||||||
| 14 | theoretical and practical knowledge, which shall include, but | ||||||
| 15 | not be limited to, questions that determine the applicant's | ||||||
| 16 | knowledge of product chemistry, sanitary rules, sanitary | ||||||
| 17 | procedures, chemical service procedures, hazardous chemicals | ||||||
| 18 | and exposure minimization, knowledge of the anatomy of the | ||||||
| 19 | skin, scalp, hair, and nails as they relate to applicable | ||||||
| 20 | services under this Act and labor and compensation laws. | ||||||
| 21 | The examination of applicants for licensure as a | ||||||
| 22 | cosmetology, esthetics, or nail technology teacher may include | ||||||
| 23 | all of the elements of the exam for licensure as a | ||||||
| 24 | cosmetologist, esthetician, or nail technician and also | ||||||
| 25 | include teaching methodology, classroom management, record | ||||||
| 26 | keeping, and any other related subjects that the Department in | ||||||
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| 1 | its discretion may deem necessary to ensure competent | ||||||
| 2 | performance. | ||||||
| 3 | (Source: P.A. 104-153, eff. 1-1-26; 104-478, eff. 1-1-27.) | ||||||
| 4 | (225 ILCS 410/4-6.1) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2031) | ||||||
| 6 | Sec. 4-6.1. Applicant convictions. | ||||||
| 7 | (a) When reviewing a conviction by plea of guilty or nolo | ||||||
| 8 | contendere, finding of guilt, jury verdict, or entry of | ||||||
| 9 | judgment or by sentencing of an initial applicant, the | ||||||
| 10 | Department may only deny a license based upon consideration of | ||||||
| 11 | mitigating factors provided in subsection (c) of this Section | ||||||
| 12 | for a felony directly related to the practice of cosmetology, | ||||||
| 13 | esthetics, hair braiding, nail technology, and barbering. | ||||||
| 14 | (b) The following crimes or similar offenses in any other | ||||||
| 15 | jurisdiction are hereby deemed directly related to the | ||||||
| 16 | practice of cosmetology, esthetics, hair braiding, nail | ||||||
| 17 | technology, and barbering: | ||||||
| 18 | (1) first degree murder; | ||||||
| 19 | (2) second degree murder; | ||||||
| 20 | (3) drug induced homicide; | ||||||
| 21 | (4) unlawful restraint; | ||||||
| 22 | (5) aggravated unlawful restraint; | ||||||
| 23 | (6) forcible detention; | ||||||
| 24 | (7) involuntary servitude; | ||||||
| 25 | (8) involuntary sexual servitude of a minor; | ||||||
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| 1 | (9) predatory criminal sexual assault of a child; | ||||||
| 2 | (10) aggravated criminal sexual assault; | ||||||
| 3 | (11) criminal sexual assault; | ||||||
| 4 | (12) criminal sexual abuse; | ||||||
| 5 | (13) aggravated kidnaping; | ||||||
| 6 | (14) aggravated robbery; | ||||||
| 7 | (15) armed robbery; | ||||||
| 8 | (16) kidnapping; | ||||||
| 9 | (17) aggravated battery; | ||||||
| 10 | (18) aggravated vehicular hijacking; | ||||||
| 11 | (19) terrorism; | ||||||
| 12 | (20) causing a catastrophe; | ||||||
| 13 | (21) possession of a deadly substance; | ||||||
| 14 | (22) making a terrorist threat; | ||||||
| 15 | (23) material support for terrorism; | ||||||
| 16 | (24) hindering prosecution of terrorism; | ||||||
| 17 | (25) armed violence; | ||||||
| 18 | (26) any felony based on consumer fraud or deceptive | ||||||
| 19 | business practices under the Consumer Fraud and Deceptive | ||||||
| 20 | Business Practices Act; | ||||||
| 21 | (27) any felony requiring registration as a sex | ||||||
| 22 | offender under the Sex Offender Registration Act; | ||||||
| 23 | (28) attempt of any the offenses set forth in | ||||||
| 24 | paragraphs (1) through (27) of this subsection (b); and | ||||||
| 25 | (29) convictions set forth in Section 4-20 of this | ||||||
| 26 | Act. | ||||||
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| 1 | (c) The Department shall consider any mitigating factors | ||||||
| 2 | contained in the record, when determining the appropriate | ||||||
| 3 | disciplinary sanction, if any, to be imposed. In addition to | ||||||
| 4 | those set forth in Section 2105-130 of the Department of | ||||||
| 5 | Professional Regulation Law of the Civil Administrative Code | ||||||
| 6 | of Illinois, mitigating factors shall include the following: | ||||||
| 7 | (1) the bearing, if any, the criminal offense or | ||||||
| 8 | offenses for which the person was previously convicted | ||||||
| 9 | will have on his or her fitness or ability to perform one | ||||||
| 10 | or more such duties and responsibilities; | ||||||
| 11 | (2) the time that has elapsed since the criminal | ||||||
| 12 | conviction; and | ||||||
| 13 | (3) the age of the person at the time of the criminal | ||||||
| 14 | conviction. | ||||||
| 15 | (d) (Blank). The Department shall issue an annual report | ||||||
| 16 | by January 31, 2018 and by January 31 each year thereafter, | ||||||
| 17 | indicating the following: | ||||||
| 18 | (1) the number of initial applicants for a license | ||||||
| 19 | under this Act within the preceding calendar year; | ||||||
| 20 | (2) the number of initial applicants for a license | ||||||
| 21 | under this Act within the previous calendar year who had a | ||||||
| 22 | conviction; | ||||||
| 23 | (3) the number of applicants with a conviction who | ||||||
| 24 | were granted a license under this Act within the previous | ||||||
| 25 | year; | ||||||
| 26 | (4) the number of applicants denied a license under | ||||||
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| 1 | this Act within the preceding calendar year; and | ||||||
| 2 | (5) the number of applicants denied a license under | ||||||
| 3 | this Act solely on the basis of a conviction within the | ||||||
| 4 | preceding calendar year. | ||||||
| 5 | (e) Nothing in this Section shall prevent the Department | ||||||
| 6 | taking disciplinary or non-disciplinary action against a | ||||||
| 7 | license as set forth in paragraph (2) of subsection (1) of | ||||||
| 8 | Section 4-7 of this Act. | ||||||
| 9 | (Source: P.A. 99-876, eff. 1-1-17.) | ||||||
| 10 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 11 | changes in a statute that is represented in this Act by text | ||||||
| 12 | that is not yet or no longer in effect (for example, a Section | ||||||
| 13 | represented by multiple versions), the use of that text does | ||||||
| 14 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 15 | made by this Act or (ii) provisions derived from any other | ||||||
| 16 | Public Act. | ||||||
