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2005 Illinois Code - 225 ILCS 410/      Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985. Article III - Cosmetologists


      (225 ILCS 410/Art. III heading)
ARTICLE III COSMETOLOGISTS

    (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    (Section scheduled to be repealed on January 1, 2016)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 hair on the body and removing superfluous hair from the body of any person by the use of depilatories, waxing 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. 94‑451, eff. 12‑31‑05.)

    (225 ILCS 410/3‑2)(from Ch. 111, par. 1703‑2)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3‑2. Licensure; qualifications.
    (1) A person is qualified to receive a license as a cosmetologist who has filed an application on forms provided by the Department, pays the required fees, and:
        a. Is at least l6 years of age; and
        b. Is beyond the age of compulsory school attendance
    
or has received a certificate of graduation from a school providing secondary education, or the recognized equivalent of that certificate; and
        c. Has graduated from a school of cosmetology
    
approved by the Department, having completed a program of l500 hours in the study of cosmetology extending over a period of not less than 8 months nor more than 7 consecutive years. A school of cosmetology may, at its discretion, consistent with the rules of the Department, accept up to 500 hours of barber school training at a recognized barber school toward the l500 hour program requirement of cosmetology. Time spent in such study under the laws of another state or territory of the United States or of a foreign country or province shall be credited toward the period of study required by the provisions of this paragraph; and
        d. Has passed an examination authorized by the
    
Department to determine eligibility to receive a license as a cosmetologist; and
        e. Has met any other requirements of this Act.
    (2) (Blank).
(Source: P.A. 93‑253, eff. 7‑22‑03; 94‑451, eff. 12‑31‑05.)

    (225 ILCS 410/3‑3)(from Ch. 111, par. 1703‑3)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3‑3. Licensure as a cosmetologist by a barber school graduate. A person is qualified to receive a license as a cosmetologist if that person has filed an application on forms provided by the Department, has paid the required fees, and:
    a. Is at least 16 years of age; and
    b. Has a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or is beyond the age of compulsory school attendance; and
    c. Has graduated from a school of barbering approved by the Department having completed 1500 hours in the study of barbering, and a minimum of 1000 additional hours in the study of cosmetology extending over a period of no less than 6 months nor more than 2 years. Time spent in such study under the laws of another state or territory of the United States or of a foreign country or province shall be credited toward the period of study required by the provisions of this paragraph; and
    d. Has passed an examination authorized by the Department to determine fitness to receive a license as a cosmetologist; and
    e. Has met any other requirements of this Act.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/3‑4)(from Ch. 111, par. 1703‑4)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3‑4. Licensure as cosmetology teacher or cosmetology clinic teacher; qualifications.
    (a) A person is qualified to receive license as a cosmetology teacher if that person has applied in writing on forms provided by the Department, has 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 cosmetologist;
        (4) has either: (i) completed a program of 500 hours
    
of teacher training in a licensed school of cosmetology and had 2 years of practical experience as a licensed cosmetologist within 5 years preceding the examination; or (ii) completed a program of 1,000 hours of teacher training in a licensed school of cosmetology;
        (5) has passed an examination authorized by the
    
Department to determine eligibility to receive a license as a cosmetology teacher; and
        (6) has met any other requirements of this Act.
    An individual who receives a license as a cosmetology teacher shall not be required to maintain an active cosmetology license in order to practice cosmetology as defined in this Act.
    (b) A person is qualified to receive a license as a cosmetology clinic teacher if he or she has applied in writing on forms provided by the Department, has 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 cosmetologist;
        (4) has (i) completed a program of 250 hours of
    
clinic teacher training in a licensed school of cosmetology 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 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 cosmetology teacher; and
        (6) has met any other requirements of this Act.
    The Department shall not issue any new cosmetology clinic teacher licenses after January 1, 2009. Any person issued a license as a cosmetology 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. 94‑451, eff. 12‑31‑05.)

    (225 ILCS 410/3‑5) (from Ch. 111, par. 1703‑5)
    Sec. 3‑5. (Repealed).
(Source: P.A. 88‑483. Repealed by P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/3‑5A) (from Ch. 111, par. 1703‑5A)
    Sec. 3‑5A. (Repealed).
(Source: P.A. 85‑1382. Repealed by P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/3‑5B) (from Ch. 111, par. 1703‑5B)
    Sec. 3‑5B. (Repealed).
(Source: P.A. 85‑1382. Repealed by P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/3‑5C) (from Ch. 111, par. 1703‑5C)
    Sec. 3‑5C. (Repealed).
(Source: P.A. 86‑1356. Repealed by P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/3‑5D) (from Ch. 111, par. 1703.5D)
    Sec. 3‑5D. (Repealed).
(Source: P.A. 85‑1382. Repealed by P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/3‑5E) (from Ch. 111, par. 1703‑5E)
    Sec. 3‑5E. (Repealed).
(Source: P.A. 85‑1382. Repealed by P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/3‑6)(from Ch. 111, par. 1703‑6)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3‑6. Examination. The Department shall authorize examinations of applicants for licensure as cosmetologists and teachers of cosmetology at the times and places it may determine. If an applicant for licensure as a cosmetologist fails to pass 3 examinations conducted by the Department, the applicant shall, before taking a subsequent examination, furnish evidence of not less than 250 hours of additional study of cosmetology in an approved school of cosmetology since the applicant last took the examination. If an applicant for licensure as a cosmetology teacher fails to pass 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 an approved school of cosmetology since the applicant last took the examination. An applicant who fails to pass the fourth examination shall not again be admitted to an examination unless: (i) in the case of an applicant for licensure as a cosmetologist, the applicant again takes and completes a program of 1500 hours in the study of cosmetology in an approved school of cosmetology extending over a period that commences after the applicant fails to pass the fourth examination and that is not less than 8 months nor more than 7 consecutive years in duration; (ii) in the case of an applicant for licensure as a cosmetology teacher, the applicant again takes and completes a program of 1000 hours of teacher training in an approved school of cosmetology, except that if the applicant had 2 years of practical experience as a licensed cosmetologist within the 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 an approved school of cosmetology, esthetics, or nail technology; or (iii) in the case of an applicant for licensure as a cosmetology clinic teacher, the applicant again takes and completes a program of 250 hours of clinic teacher training in a licensed school of cosmetology or an instructor's institute of 20 hours. The requirements for remedial training set forth in this Section may be waived in whole or in part by the Department upon proof to the Department that the applicant has demonstrated competence to again sit for the examination. The Department shall adopt rules establishing the standards by which this determination shall be made. Each cosmetology 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 of product chemistry, sanitary rules, sanitary procedures, chemical service procedures, hazardous chemicals and exposure minimization, knowledge of the anatomy of the skin, scalp, hair, and nails as they relate to applicable services under this Act and labor and compensation laws.
    The examination of applicants for licensure as a cosmetology, esthetics, or nail technology teacher may include all of the elements of the exam for licensure as a cosmetologist, esthetician, or nail technician and also include teaching methodology, classroom management, record keeping, and any other related subjects that the Department in its discretion may deem necessary to insure competent performance.
    This Act does not prohibit the practice of cosmetology by one who has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a cosmetologist, or the teaching of cosmetology by one who has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a cosmetology teacher or cosmetology 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, (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. 94‑451, eff. 12‑31‑05.)

    (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 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 410/3‑7.1)(from Ch. 111, par. 1703‑7.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3‑7.1. Inactive Status. Any cosmetologist, cosmetology teacher, or cosmetology clinic teacher who notifies the Department in writing on forms prescribed by the Department, may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status.
    Any cosmetologist, cosmetology teacher, or cosmetology clinic teacher requesting restoration from inactive status shall be required to pay the current renewal fee and to qualify for the restoration of his or her license, subject to rules of the Department. A license shall not be restored from inactive status unless the cosmetologist, cosmetology teacher, or cosmetology clinic teacher requesting the restoration completes the number of hours of continuing education required for renewal of a license under Section 3‑7.
    Any cosmetologist, cosmetology teacher, or cosmetology clinic teacher whose license is in an inactive status shall not practice in the State of Illinois.
(Source: P.A. 89‑387, eff. 1‑1‑96; 90‑302, eff. 8‑1‑97.)

    (225 ILCS 410/3‑8)(from Ch. 111, par. 1703‑8)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3‑8. Cosmetologists, cosmetology teachers, and cosmetology clinic teachers licensed elsewhere. Except as otherwise provided in this Act, upon payment of the required fee, an applicant who is a cosmetologist, cosmetology teacher, or cosmetology 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, without examination, be granted a license as a licensed cosmetologist, cosmetology teacher, or cosmetology clinic teacher by the Department in its discretion upon the following conditions:
    (a) 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
    (b) The requirements for the registration or licensing of cosmetologists, cosmetology teachers, or cosmetology 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 for cosmetologists, cosmetology teachers, or cosmetology clinic teachers in this State; or the applicant has established proof of legal practice as a cosmetologist, cosmetology teacher, or cosmetology clinic teacher in another jurisdiction for at least 3 years; and
    (c) 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 another state or territory of the United States or 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.
(Source: P.A. 89‑387, eff. 1‑1‑96; 90‑302, eff. 8‑1‑97.)

    (225 ILCS 410/3‑8a) (from Ch. 111, par. 1703‑8a)
    Sec. 3‑8a. (Repealed).
(Source: P.A. 85‑981. Repealed by P.A. 89‑387, eff. 1‑1‑96.)

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