Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2348 Latest Draft

Bill / Introduced Version Filed 02/07/2025

                            104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB2348 Introduced 2/7/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: See Index Provides that the amendatory Act may be referred to as the Hair Braiding Opportunity Act. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Changes the short title to the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 and changes corresponding references to the Act throughout the statutes. Repeals provisions concerning hair braiding licenses, and removes references to licensed hair braiding throughout the Act. Makes conforming changes. Makes changes to the membership of the Barber, Cosmetology, Esthetics, and Nail Technology Board. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department of Financial and Professional Regulation because it was submitted by a person who is incarcerated. Provides that the Department shall consider practice supervised by a licensee while a person is incarcerated in determining qualifications for a license. Effective immediately. LRB104 09872 AAS 19940 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB2348 Introduced 2/7/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:  See Index See Index  Provides that the amendatory Act may be referred to as the Hair Braiding Opportunity Act. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Changes the short title to the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 and changes corresponding references to the Act throughout the statutes. Repeals provisions concerning hair braiding licenses, and removes references to licensed hair braiding throughout the Act. Makes conforming changes. Makes changes to the membership of the Barber, Cosmetology, Esthetics, and Nail Technology Board. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department of Financial and Professional Regulation because it was submitted by a person who is incarcerated. Provides that the Department shall consider practice supervised by a licensee while a person is incarcerated in determining qualifications for a license. Effective immediately.  LRB104 09872 AAS 19940 b     LRB104 09872 AAS 19940 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB2348 Introduced 2/7/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Provides that the amendatory Act may be referred to as the Hair Braiding Opportunity Act. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Changes the short title to the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 and changes corresponding references to the Act throughout the statutes. Repeals provisions concerning hair braiding licenses, and removes references to licensed hair braiding throughout the Act. Makes conforming changes. Makes changes to the membership of the Barber, Cosmetology, Esthetics, and Nail Technology Board. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department of Financial and Professional Regulation because it was submitted by a person who is incarcerated. Provides that the Department shall consider practice supervised by a licensee while a person is incarcerated in determining qualifications for a license. Effective immediately.
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    LRB104 09872 AAS 19940 b
A BILL FOR
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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 1. This Act may be referred to as the Hair Braiding
5  Opportunity Act.
6  Section 5. The Regulatory Sunset Act is amended by
7  changing Section 4.36 as follows:
8  (5 ILCS 80/4.36)
9  Sec. 4.36. Acts repealed on January 1, 2026. The following
10  Acts are repealed on January 1, 2026:
11  The Barber, Cosmetology, Esthetics, Hair Braiding, and
12  Nail Technology Act of 1985.
13  The Collection Agency Act.
14  The Hearing Instrument Consumer Protection Act.
15  The Illinois Athletic Trainers Practice Act.
16  The Illinois Dental Practice Act.
17  The Illinois Roofing Industry Licensing Act.
18  The Illinois Physical Therapy Act.
19  The Professional Geologist Licensing Act.
20  The Respiratory Care Practice Act.
21  (Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
22  99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB2348 Introduced 2/7/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Provides that the amendatory Act may be referred to as the Hair Braiding Opportunity Act. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Changes the short title to the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 and changes corresponding references to the Act throughout the statutes. Repeals provisions concerning hair braiding licenses, and removes references to licensed hair braiding throughout the Act. Makes conforming changes. Makes changes to the membership of the Barber, Cosmetology, Esthetics, and Nail Technology Board. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department of Financial and Professional Regulation because it was submitted by a person who is incarcerated. Provides that the Department shall consider practice supervised by a licensee while a person is incarcerated in determining qualifications for a license. Effective immediately.
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A BILL FOR

 

 

See Index



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1  99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
2  12-31-15; 99-642, eff. 7-28-16.)
3  Section 10. The Massage Therapy Practice Act is amended by
4  changing Section 30 as follows:
5  (225 ILCS 57/30)
6  (Section scheduled to be repealed on January 1, 2027)
7  Sec. 30. Title protection.
8  (a) Persons regulated by this Act are designated as
9  massage therapists and therefore are exclusively entitled to
10  utilize the terms "massage", "massage therapy", and "massage
11  therapist" when advertising or printing promotional material.
12  (b) Anyone who knowingly aids and abets one or more
13  persons not authorized to use a professional title regulated
14  by this Act or knowingly employs persons not authorized to use
15  the regulated professional title in the course of their
16  employment, commits a violation of this Act.
17  (c) Anyone not authorized, under the definitions of this
18  Act, to utilize the term "massage", "massage therapy", or
19  "massage therapist" and who knowingly utilizes these terms
20  when advertising commits a violation of this Act.
21  (d) Nothing in this Act shall prohibit the use of the terms
22  "massage", "massage therapy", or "massage therapist" by a
23  salon registered under the Barber, Cosmetology, Esthetics,
24  Hair Braiding, and Nail Technology Act of 1985, provided that

 

 

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1  the salon offers massage therapy services in accordance with
2  this Act.
3  (Source: P.A. 97-514, eff. 8-23-11.)
4  Section 15. The Barber, Cosmetology, Esthetics, Hair
5  Braiding, and Nail Technology Act of 1985 is amended by
6  changing the heading of Articles IIIB and IIID and Sections
7  1-1, 1-2, 1-4, 1-7, 1-7.5, 1-7.10, 1-10, 1-11, 3B-1, 3B-10,
8  3B-11, 3B-12, 3B-15, 3B-16, 3C-8, 3D-5, 4-1, 4-2, 4-4, 4-6.1,
9  4-7, 4-9, 4-19, and 4-20 as follows:
10  (225 ILCS 410/1-1) (from Ch. 111, par. 1701-1)
11  (Section scheduled to be repealed on January 1, 2026)
12  Sec. 1-1. Title of Act. This Act may be cited as the
13  Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
14  Technology Act of 1985.
15  (Source: P.A. 96-1246, eff. 1-1-11.)
16  (225 ILCS 410/1-2) (from Ch. 111, par. 1701-2)
17  (Section scheduled to be repealed on January 1, 2026)
18  Sec. 1-2. Public policy. The practices of barbering,
19  cosmetology, esthetics, hair braiding, and nail technology in
20  the State of Illinois are hereby declared to affect the public
21  health, safety and welfare and to be subject to regulation and
22  control in the public interest. It is further declared to be a
23  matter of public interest and concern that the professions

 

 

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1  merit and receive the confidence of the public and that only
2  qualified persons be permitted to practice said professions in
3  the State of Illinois. This Act shall be liberally construed
4  to carry out these objects and purposes.
5  (Source: P.A. 98-911, eff. 1-1-15.)
6  (225 ILCS 410/1-4)
7  (Section scheduled to be repealed on January 1, 2026)
8  Sec. 1-4. Definitions. In this Act the following words
9  shall have the following meanings:
10  "Address of record" means the designated address recorded
11  by the Department in the applicant's application file or the
12  licensee's license file, as maintained by the Department's
13  licensure maintenance unit.
14  "Board" means the Barber, Cosmetology, Esthetics, Hair
15  Braiding, and Nail Technology Board.
16  "Department" means the Department of Financial and
17  Professional Regulation.
18  "Licensed barber" means an individual licensed by the
19  Department to practice barbering as defined in this Act and
20  whose license is in good standing.
21  "Licensed cosmetologist" means an individual licensed by
22  the Department to practice cosmetology, nail technology, hair
23  braiding, and esthetics as defined in this Act and whose
24  license is in good standing.
25  "Licensed esthetician" means an individual licensed by the

 

 

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1  Department to practice esthetics as defined in this Act and
2  whose license is in good standing.
3  "Licensed nail technician" means an individual licensed by
4  the Department to practice nail technology as defined in this
5  Act and whose license is in good standing.
6  "Licensed barber teacher" means an individual licensed by
7  the Department to practice barbering as defined in this Act
8  and to provide instruction in the theory and practice of
9  barbering to students in an approved barber school.
10  "Licensed cosmetology teacher" means an individual
11  licensed by the Department to practice cosmetology, esthetics,
12  hair braiding, and nail technology as defined in this Act and
13  to provide instruction in the theory and practice of
14  cosmetology, esthetics, hair braiding, and nail technology to
15  students in an approved cosmetology, esthetics, hair braiding,
16  or nail technology school.
17  "Licensed cosmetology clinic teacher" means an individual
18  licensed by the Department to practice cosmetology, esthetics,
19  hair braiding, and nail technology as defined in this Act and
20  to provide clinical instruction in the practice of
21  cosmetology, esthetics, hair braiding, and nail technology in
22  an approved school of cosmetology, esthetics, hair braiding,
23  or nail technology.
24  "Licensed esthetics teacher" means an individual licensed
25  by the Department to practice esthetics as defined in this Act
26  and to provide instruction in the theory and practice of

 

 

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1  esthetics to students in an approved cosmetology or esthetics
2  school.
3  "Licensed hair braider" means an individual licensed by
4  the Department to practice hair braiding as defined in this
5  Act and whose license is in good standing.
6  "Licensed hair braiding teacher" means an individual
7  licensed by the Department to practice hair braiding and to
8  provide instruction in the theory and practice of hair
9  braiding to students in an approved cosmetology or hair
10  braiding school.
11  "Licensed nail technology teacher" means an individual
12  licensed by the Department to practice nail technology and to
13  provide instruction in the theory and practice of nail
14  technology to students in an approved nail technology or
15  cosmetology school.
16  "Enrollment" is the date upon which the student signs an
17  enrollment agreement or student contract.
18  "Enrollment agreement" or "student contract" is any
19  agreement, instrument, or contract however named, which
20  creates or evidences an obligation binding a student to
21  purchase a course of instruction from a school.
22  "Enrollment time" means the maximum number of hours a
23  student could have attended class, whether or not the student
24  did in fact attend all those hours.
25  "Elapsed enrollment time" means the enrollment time
26  elapsed between the actual starting date and the date of the

 

 

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1  student's last day of physical attendance in the school.
2  "Mobile shop or salon" means a self-contained facility
3  that may be moved, towed, or transported from one location to
4  another and in which barbering, cosmetology, esthetics, hair
5  braiding, or nail technology is practiced.
6  "Secretary" means the Secretary of the Department of
7  Financial and Professional Regulation.
8  "Threading" means any technique that results in the
9  removal of superfluous hair from the body by twisting thread
10  around unwanted hair and then pulling it from the skin; and may
11  also include the incidental trimming of eyebrow hair.
12  (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15;
13  99-427, eff. 8-21-15.)
14  (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
15  (Section scheduled to be repealed on January 1, 2026)
16  Sec. 1-7. Licensure required; renewal; restoration.
17  (a) It is unlawful for any person to practice, or to hold
18  himself or herself out to be a cosmetologist, esthetician,
19  nail technician, hair braider, or barber without a license as
20  a cosmetologist, esthetician, nail technician, hair braider or
21  barber issued by the Department pursuant to the provisions of
22  this Act and of the Civil Administrative Code of Illinois. It
23  is also unlawful for any person, firm, partnership, limited
24  liability company, or corporation to own, operate, or conduct
25  a cosmetology, esthetics, nail technology, hair braiding, or

 

 

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1  barber school without a license issued by the Department or to
2  own or operate a cosmetology, esthetics, or nail technology
3  salon; , or hair braiding salon, barber shop; , or other
4  business subject to the registration requirements of this Act
5  without a certificate of registration issued by the
6  Department. It is further unlawful for any person to teach in
7  any cosmetology, esthetics, nail technology, hair braiding, or
8  barber college or school approved by the Department or hold
9  himself or herself out as a cosmetology, esthetics, hair
10  braiding, nail technology, or barber teacher without a license
11  as a teacher, issued by the Department or as a cosmetology
12  clinic teacher without a license as a cosmetology clinic
13  teacher issued by the Department.
14  (b) Notwithstanding any other provision of this Act, a
15  person licensed as a cosmetologist may hold himself or herself
16  out as an esthetician and may engage in the practice of
17  esthetics, as defined in this Act, without being licensed as
18  an esthetician. A person licensed as a cosmetology teacher may
19  teach esthetics or hold himself or herself out as an esthetics
20  teacher without being licensed as an esthetics teacher. A
21  person licensed as a cosmetologist may hold himself or herself
22  out as a nail technician and may engage in the practice of nail
23  technology, as defined in this Act, without being licensed as
24  a nail technician. A person licensed as a cosmetology teacher
25  may teach nail technology and hold himself or herself out as a
26  nail technology teacher without being licensed as a nail

 

 

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1  technology teacher. A person licensed as a cosmetologist may
2  hold himself or herself out as a hair braider and may engage in
3  the practice of hair braiding, as defined in this Act, without
4  being licensed as a hair braider. A person licensed as a
5  cosmetology teacher may teach hair braiding and hold himself
6  or herself out as a hair braiding teacher without being
7  licensed as a hair braiding teacher.
8  (c) A person licensed as a barber teacher may hold himself
9  or herself out as a barber and may practice barbering without a
10  license as a barber. A person licensed as a cosmetology
11  teacher may hold himself or herself out as a cosmetologist,
12  esthetician, hair braider, and nail technologist and may
13  practice cosmetology, esthetics, hair braiding, and nail
14  technology without a license as a cosmetologist, esthetician,
15  hair braider, or nail technologist. A person licensed as an
16  esthetics teacher may hold himself or herself out as an
17  esthetician without being licensed as an esthetician and may
18  practice esthetics. A person licensed as a nail technician
19  teacher may practice nail technology and may hold himself or
20  herself out as a nail technologist without being licensed as a
21  nail technologist. A person licensed as a hair braiding
22  teacher may practice hair braiding and may hold himself or
23  herself out as a hair braider without being licensed as a hair
24  braider.
25  (d) The holder of a license issued under this Act may renew
26  that license during the month preceding the expiration date of

 

 

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1  the license by paying the required fee.
2  (e) The expiration date, renewal period, and conditions
3  for renewal and restoration of each license shall be
4  established by rule.
5  (f) A license issued under the provisions of this Act as a
6  barber, barber teacher, cosmetologist, cosmetology teacher,
7  cosmetology clinic teacher, esthetician, esthetics teacher,
8  nail technician, or nail technician teacher , hair braider, or
9  hair braiding teacher that has expired while the holder of the
10  license was engaged (1) in federal service on active duty with
11  the Army, Navy, Marine Corps, Air Force, Space Force, or Coast
12  Guard of the United States of America, or any Women's
13  Auxiliary thereof, or the State Militia called into the
14  service or training of the United States of America or (2) in
15  training or education under the supervision of the United
16  States preliminary to induction into the military service, may
17  be reinstated or restored without payment of any lapsed
18  renewal fees, reinstatement fee, or restoration fee if within
19  2 years after the termination of such service, training, or
20  education other than by dishonorable discharge, the holder
21  furnishes the Department with an affidavit to the effect that
22  he or she has been so engaged and that his or her service,
23  training, or education has been so terminated.
24  (g) No application shall be automatically placed on hold,
25  delayed, denied, or otherwise not processed by the Department
26  because it was submitted by a person who is incarcerated. The

 

 

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1  Department shall process applications for original licensure
2  or restoration of a license of a person who is incarcerated
3  without any additional requirements or delays, and the
4  Department shall issue original licenses or restore the
5  licenses of persons who are incarcerated who have submitted
6  their application and who otherwise qualify for licensure. The
7  Department shall consider practice supervised by a licensee
8  while a person is incarcerated in determining qualifications
9  for a license. The Director may also waive the 3-year time
10  limitations under subsection (d) or (e) of Section 4-5 for a
11  person who was incarcerated at the time of application.
12  In this subsection, "incarcerated" means committed to the
13  Department of Corrections, a Federal Bureau of Prisons
14  facility located in Illinois, or a county jail or county
15  department of corrections
16  (Source: P.A. 103-746, eff. 1-1-25.)
17  (225 ILCS 410/1-7.5)
18  (Section scheduled to be repealed on January 1, 2026)
19  Sec. 1-7.5. Unlicensed practice; violation; civil penalty.
20  (a) Any person who practices, offers to practice, attempts
21  to practice, or holds himself or herself out to practice
22  barbering, cosmetology, esthetics, hair braiding, or nail
23  technology without being licensed under this Act shall, in
24  addition to any other penalty provided by law, pay a civil
25  penalty to the Department in an amount not to exceed $5,000 for

 

 

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1  each offense as determined by the Department. The civil
2  penalty shall be assessed by the Department after a hearing is
3  held in accordance with the provisions set forth in this Act
4  regarding disciplining a licensee.
5  (b) The Department has the authority and power to
6  investigate any and all unlicensed activity.
7  (c) The civil penalty shall be paid within 60 days after
8  the effective date of the order imposing the civil penalty.
9  The order shall constitute a judgment and may be filed and
10  execution had thereon in the same manner as any judgment from
11  any court of record.
12  (Source: P.A. 96-1246, eff. 1-1-11.)
13  (225 ILCS 410/1-7.10)
14  (Section scheduled to be repealed on January 1, 2026)
15  Sec. 1-7.10. Abnormal skin growth education.
16  (a) In addition to any other requirements under this Act,
17  the following applicants must provide proof of completion of a
18  course approved by the Department in abnormal skin growth
19  education, including training on identifying melanoma:
20  (1) An applicant who submits an application for
21  original licensure on or after January 1, 2026.
22  (2) An applicant who was licensed before January 1,
23  2026 when submitting the applicant's first application for
24  renewal or restoration of a license on or after January 1,
25  2026.

 

 

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1  (b) Nothing in this Section shall be construed to create a
2  cause of action or any civil liabilities or to require or
3  permit a licensee or applicant under this Act to practice
4  medicine or otherwise practice outside of the scope of
5  practice of a licensed barber, cosmetologist, esthetician,
6  hair braider, or nail technician.
7  (c) A person licensed under this Act may refer an
8  individual to seek care from a medical professional regarding
9  an abnormal skin growth. Neither a person licensed under this
10  Act who completes abnormal skin growth education as a part of
11  the person's continuing education, nor the person's employer,
12  shall be civilly or criminally liable for acting in good faith
13  or failing to act on information obtained during the course of
14  practicing in the person's profession or employment concerning
15  potential abnormal skin growths.
16  (Source: P.A. 103-851, eff. 8-9-24.)
17  (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
18  (Section scheduled to be repealed on January 1, 2026)
19  Sec. 1-10. Display. Every holder of a license shall
20  display it in a place in the holder's principal office, place
21  of business or place of employment. Whenever a licensed
22  cosmetologist, esthetician, nail technician, hair braider, or
23  barber practices cosmetology, esthetics, nail technology, hair
24  braiding, or barbering outside of or away from the
25  cosmetologist's, esthetician's, nail technician's, hair

 

 

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1  braider's, or barber's principal office, place of business, or
2  place of employment, the cosmetologist, esthetician, nail
3  technician, hair braider, or barber shall provide any person
4  so requesting proof that he or she has a valid license issued
5  by the Department.
6  Every registered shop shall display its certificate of
7  registration at the location of the shop. Each shop where
8  barber, cosmetology, esthetics, hair braiding, or nail
9  technology services are provided shall have a certificate of
10  registration.
11  (Source: P.A. 99-427, eff. 8-21-15.)
12  (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
13  (Section scheduled to be repealed on January 1, 2026)
14  Sec. 1-11. Exceptions to Act.
15  (a) Nothing in this Act shall be construed to apply to the
16  educational activities conducted in connection with any
17  monthly, annual or other special educational program of any
18  bona fide association of licensed cosmetologists,
19  estheticians, nail technicians, hair braiders, or barbers, or
20  licensed cosmetology, esthetics, nail technology, hair
21  braiding, or barber schools from which the general public is
22  excluded.
23  (b) Nothing in this Act shall be construed to apply to the
24  activities and services of registered nurses or licensed
25  practical nurses, as defined in the Nurse Practice Act, or to

 

 

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1  personal care or health care services provided by individuals
2  in the performance of their duties as employed or authorized
3  by facilities or programs licensed or certified by State
4  agencies. As used in this subsection (b), "personal care"
5  means assistance with meals, dressing, movement, bathing, or
6  other personal needs or maintenance or general supervision and
7  oversight of the physical and mental well-being of an
8  individual who is incapable of maintaining a private,
9  independent residence or who is incapable of managing his or
10  her person whether or not a guardian has been appointed for
11  that individual. The definition of "personal care" as used in
12  this subsection (b) shall not otherwise be construed to negate
13  the requirements of this Act or its rules.
14  (c) Nothing in this Act shall be deemed to require
15  licensure of individuals employed by the motion picture, film,
16  television, stage play or related industry for the purpose of
17  providing cosmetology or esthetics services to actors of that
18  industry while engaged in the practice of cosmetology or
19  esthetics as a part of that person's employment.
20  (d) Nothing in this Act shall be deemed to require
21  licensure of an inmate of the Department of Corrections who
22  performs barbering or cosmetology with the approval of the
23  Department of Corrections during the person's incarceration.
24  (e) Nothing in this Act shall be construed to apply to or
25  require licensure of a hair braider or hair braider instructor
26  who is practicing hair braiding or teaching hair braiding.

 

 

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1  "Hair braiding" is a natural form of hair manipulation by
2  braiding, cornrowing, extending, lacing, locking, sewing,
3  twisting, weaving, or wrapping human hair, natural fibers,
4  synthetic fibers, and hair extensions. Such practice can be
5  performed by hand or by using simple braiding devices
6  including clips, combs, hairpins, scissors, needles, and
7  thread. Hair braiding includes what is commonly known as
8  "African-style hair braiding" or "natural hair care", but is
9  not limited to any particular cultural, ethnic, racial, or
10  religious form of hair style. Hair braiding includes the
11  making of customized wigs from natural hair, natural fibers,
12  synthetic fibers, and hair extensions. Hair braiding does not
13  involve the use of penetrating chemical hair treatments,
14  chemical hair coloring agents, chemical hair straightening
15  agents, chemical hair joining agents, permanent wave styles,
16  or chemical hair bleaching agents applied to growing human
17  hair. Hair braiding does not include the cutting or growing of
18  human hair, but may include the trimming of hair extensions or
19  sewn weave-in extensions only as applicable to the braiding
20  process.
21  (Source: P.A. 99-427, eff. 8-21-15.)
22  (225 ILCS 410/Art. IIIB heading)
23  ARTICLE IIIB.  BARBER, COSMETOLOGY, ESTHETICS,  HAIR BRAIDING,
24  AND NAIL TECHNOLOGY SCHOOLS
25  (Source: P.A. 98-911, eff. 1-1-15.)

 

 

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1  (225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1)
2  (Section scheduled to be repealed on January 1, 2026)
3  Sec. 3B-1. Application. The provisions of this Article are
4  applicable only to barber, cosmetology, esthetics, hair
5  braiding, and nail technology schools regulated under this
6  Act.
7  (Source: P.A. 98-911, eff. 1-1-15.)
8  (225 ILCS 410/3B-10)
9  (Section scheduled to be repealed on January 1, 2026)
10  Sec. 3B-10. Requisites for ownership or operation of
11  school. No person, firm, or corporation may own, operate, or
12  conduct a school of barbering, cosmetology, esthetics, hair
13  braiding, or nail technology for the purpose of teaching
14  barbering, cosmetology, esthetics, hair braiding, or nail
15  technology for compensation unless licensed by the Department.
16  A licensed school is a postsecondary educational institution
17  authorized by the Department to provide a postsecondary
18  education program in compliance with the requirements of this
19  Act. An applicant shall apply to the Department on forms
20  provided by the Department, pay the required fees, and comply
21  with the following requirements:
22  1. The applicant must submit to the Department for
23  approval:
24  a. A floor plan, drawn to a scale specified on the

 

 

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1  floor plan, showing every detail of the proposed
2  school; and
3  b. A lease commitment or proof of ownership for
4  the location of the proposed school; a lease
5  commitment must provide for execution of the lease
6  upon the Department's approval of the school's
7  application and the lease must be for a period of at
8  least one year.
9  c. (Blank).
10  2. An application to own or operate a school shall
11  include the following:
12  a. If the owner is a corporation, a copy of the
13  Articles of Incorporation or, if the owner is a
14  limited liability company, a copy of the articles of
15  organization;
16  b. If the owner is a partnership, a listing of all
17  partners and their current addresses;
18  c. If the applicant is an owner, a completed
19  financial statement showing the owner's ability to
20  operate the school for at least 3 months;
21  d. A copy of the official enrollment agreement or
22  student contract to be used by the school, which shall
23  be consistent with the requirements of this Act and
24  rules;
25  e. A listing of all teachers who will be in the
26  school's employ, including their teacher license

 

 

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1  numbers;
2  f. A copy of the curricula that will be followed;
3  g. The names, addresses, and current status of all
4  schools in which the applicant has previously owned
5  any interest, and a declaration as to whether any of
6  these schools were ever denied accreditation or
7  licensing or lost accreditation or licensing from any
8  governmental body or accrediting agency;
9  h. Each application for a certificate of approval
10  shall be signed and certified under oath by the
11  school's chief managing employee and also by its
12  individual owner or owners; if the applicant is a
13  partnership or a corporation, then the application
14  shall be signed and certified under oath by the
15  school's chief managing employee and also by each
16  member of the partnership or each officer of the
17  corporation, as the case may be;
18  i. A copy of the school's official transcript; and
19  j. The required fee.
20  3. Each application for a license to operate a school
21  shall also contain the following commitments:
22  a. To conduct the school in accordance with this
23  Act and the standards, and rules from time to time
24  adopted under this Act and to meet standards and
25  requirements at least as stringent as those required
26  by Part H of the Federal Higher Education Act of 1965.

 

 

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1  b. To permit the Department to inspect the school
2  or classes thereof from time to time with or without
3  notice; and to make available to the Department, at
4  any time when required to do so, information including
5  financial information pertaining to the activities of
6  the school required for the administration of this Act
7  and the standards and rules adopted under this Act;
8  c. To utilize only advertising and solicitation
9  which is free from misrepresentation, deception,
10  fraud, or other misleading or unfair trade practices;
11  d. To screen applicants to the school prior to
12  enrollment pursuant to the requirements of the
13  school's regional or national accrediting agency, if
14  any, and to maintain any and all records of such
15  screening. If the course of instruction is offered in
16  a language other than English, the screening shall
17  also be performed in that language;
18  e. To post in a conspicuous place a statement,
19  developed by the Department, of student's rights
20  provided under this Act.
21  4. The applicant shall establish to the satisfaction
22  of the Department that the owner possesses sufficient
23  liquid assets to meet the prospective expenses of the
24  school for a period of 3 months. In the discretion of the
25  Department, additional proof of financial ability may be
26  required.

 

 

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1  5. The applicant shall comply with all rules of the
2  Department determining the necessary curriculum and
3  equipment required for the conduct of the school.
4  6. The applicant must demonstrate employment of a
5  sufficient number of qualified teachers who are holders of
6  a current license issued by the Department.
7  7. A final inspection of the barber, cosmetology,
8  esthetics, hair braiding, or nail technology school shall
9  be made by the Department before the school may commence
10  classes.
11  8. A written inspection report must be made by the
12  State Fire Marshal or a local fire authority approving the
13  use of the proposed premises as a barber, cosmetology,
14  esthetics, hair braiding, or nail technology school.
15  (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15;
16  99-427, eff. 8-21-15.)
17  (225 ILCS 410/3B-11)
18  (Section scheduled to be repealed on January 1, 2026)
19  Sec. 3B-11. Periodic review of barber, cosmetology,
20  esthetics, hair braiding, and nail technology schools. All
21  approved schools and courses of instruction are subject to
22  review by the Department. The review shall include
23  consideration of a comparison between the graduation or
24  completion rate for the school and the graduation or
25  completion rate for the schools within that classification of

 

 

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1  schools. Consideration shall be given to complaints and
2  information forwarded to the Department by the Federal Trade
3  Commission, Better Business Bureaus, the Illinois Attorney
4  General's Office, a State's Attorney's Office, other State or
5  official approval agencies, local school officials, and
6  interested persons. The Department shall investigate all
7  complaints filed with the Department about a school or its
8  sales representatives.
9  A school shall retain the records, as defined by rule, of a
10  student who withdraws from or drops out of the school, by
11  written notice of cancellation or otherwise, for any period
12  longer than 7 years from the student's first day of
13  attendance. However, a school shall retain indefinitely the
14  transcript of each student who completes the program and
15  graduates from the school.
16  (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
17  (225 ILCS 410/3B-12)
18  (Section scheduled to be repealed on January 1, 2026)
19  Sec. 3B-12. Enrollment agreements.
20  (a) Enrollment agreements shall be used by barber,
21  cosmetology, esthetics, hair braiding, and nail technology
22  schools licensed to operate by the Department and shall
23  include the following written disclosures:
24  (1) The name and address of the school and the
25  addresses where instruction will be given;

 

 

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1  (2) The name and description of the course of
2  instruction, including the number of clock hours in each
3  course and an approximate number of weeks or months
4  required for completion;
5  (3) The scheduled starting date and calculated
6  completion date;
7  (4) The total cost of the course of instruction
8  including any charges made by the school for tuition,
9  books, materials, supplies, and other expenses;
10  (5) A clear and conspicuous statement that the
11  contract is a legally binding instrument when signed by
12  the student and accepted by the school;
13  (6) A clear and conspicuous caption, "BUYER'S RIGHT TO
14  CANCEL" under which it is explained that the student has
15  the right to cancel the initial enrollment agreement until
16  midnight of the fifth business day after the student has
17  been enrolled; and if notice of the right to cancel is not
18  given to any prospective student at the time the
19  enrollment agreement is signed, then the student has the
20  right to cancel the agreement at any time and receive a
21  refund of all monies paid to date within 10 days of
22  cancellation;
23  (7) A notice to the students that the cancellation
24  must be in writing and given to the registered agent, if
25  any, or managing employee of the school;
26  (8) The school's refund policy for unearned tuition,

 

 

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1  fees, and other charges;
2  (9) The date of the student's signature and the date
3  of the student's admission;
4  (10) The name of the school employee or agent
5  responsible for procuring, soliciting, or enrolling the
6  student;
7  (11) A clear statement that the institution does not
8  guarantee employment and a statement describing the
9  school's placement assistance procedures;
10  (12) The graduation requirements of the school;
11  (13) The contents of the following notice, in at least
12  10 point bold type:
13  "NOTICE TO THE STUDENT"
14  "Do not sign this contract before you read it or if it
15  contains any blank space. You are entitled to an exact
16  copy of the contract you sign."
17  (14) A statement either in the enrollment agreement or
18  separately provided and acknowledged by the student
19  indicating the number of students who did not complete the
20  course of instruction for which they enrolled for the past
21  calendar year as compared to the number of students who
22  enrolled in school during the school's past calendar year;
23  (15) The following clear and conspicuous caption:
24  "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
25  DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
26  forth with the address and telephone number of the

 

 

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1  Department's Complaint Intake Unit.
2  (b) If the enrollment is negotiated orally in a language
3  other than English, then copies of the above disclosures shall
4  be tendered in the language in which the contract was
5  negotiated prior to executing the enrollment agreement.
6  (c) The school shall comply with all applicable
7  requirements of the Retail Installment Sales Act in its
8  enrollment agreement or student contracts.
9  (d) No enrollment agreement or student contract shall
10  contain a wage assignment provision or a confession of
11  judgment clause.
12  (e) Any provision in an enrollment agreement or student
13  contract that purports to waive the student's right to assert
14  against the school, or any assignee, any claim or defense he or
15  she may have against the school arising under the contract
16  shall be void.
17  (f) Two copies of the enrollment agreement shall be signed
18  by the student. One copy shall be given to the student and the
19  school shall retain the other copy as part of the student's
20  permanent record.
21  (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
22  (225 ILCS 410/3B-15)
23  (Section scheduled to be repealed on January 1, 2026)
24  Sec. 3B-15. Grounds for disciplinary action. In addition
25  to any other cause herein set forth the Department may refuse

 

 

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1  to issue or renew and may suspend, place on probation, or
2  revoke any license to operate a school, or take any other
3  disciplinary or non-disciplinary action that the Department
4  may deem proper, including the imposition of fines not to
5  exceed $5,000 for each violation, for any one or any
6  combination of the following causes:
7  (1) Repeated violation of any provision of this Act or
8  any standard or rule established under this Act.
9  (2) Knowingly furnishing false, misleading, or
10  incomplete information to the Department or failure to
11  furnish information requested by the Department.
12  (3) Violation of any commitment made in an application
13  for a license, including failure to maintain standards
14  that are the same as, or substantially equivalent to,
15  those represented in the school's applications and
16  advertising.
17  (4) Presenting to prospective students information
18  relating to the school, or to employment opportunities or
19  opportunities for enrollment in institutions of higher
20  learning after entering into or completing courses offered
21  by the school, that is false, misleading, or fraudulent.
22  (5) Failure to provide premises or equipment or to
23  maintain them in a safe and sanitary condition as required
24  by law.
25  (6) Failure to maintain financial resources adequate
26  for the satisfactory conduct of the courses of instruction

 

 

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1  offered or to retain a sufficient and qualified
2  instructional and administrative staff.
3  (7) Refusal to admit applicants on account of race,
4  color, creed, sex, physical or mental disability unrelated
5  to ability, religion, or national origin.
6  (8) Paying a commission or valuable consideration to
7  any person for acts or services performed in violation of
8  this Act.
9  (9) Attempting to confer a fraudulent degree, diploma,
10  or certificate upon a student.
11  (10) Failure to correct any deficiency or act of
12  noncompliance under this Act or the standards and rules
13  established under this Act within reasonable time limits
14  set by the Department.
15  (11) Conduct of business or instructional services
16  other than at locations approved by the Department.
17  (12) Failure to make all of the disclosures or making
18  inaccurate disclosures to the Department or in the
19  enrollment agreement as required under this Act.
20  (13) Failure to make appropriate refunds as required
21  by this Act.
22  (14) Denial, loss, or withdrawal of accreditation by
23  any accrediting agency.
24  (15) During any calendar year, having a failure rate
25  of 25% or greater for those of its students who for the
26  first time take the examination authorized by the

 

 

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1  Department to determine fitness to receive a license as a
2  barber, barber teacher, cosmetologist, cosmetology
3  teacher, esthetician, esthetician teacher, hair braider,
4  hair braiding teacher, nail technician, or nail technology
5  teacher, provided that a student who transfers into the
6  school having completed 50% or more of the required
7  program and who takes the examination during that calendar
8  year shall not be counted for purposes of determining the
9  school's failure rate on an examination, without regard to
10  whether that transfer student passes or fails the
11  examination.
12  (16) Failure to maintain a written record indicating
13  the funds received per student and funds paid out per
14  student. Such records shall be maintained for a minimum of
15  7 years and shall be made available to the Department upon
16  request. Such records shall identify the funding source
17  and amount for any student who has enrolled as well as any
18  other item set forth by rule.
19  (17) Failure to maintain a copy of the student record
20  as defined by rule.
21  (Source: P.A. 98-911, eff. 1-1-15; 99-143, eff. 7-27-15.)
22  (225 ILCS 410/3B-16)
23  (Section scheduled to be repealed on January 1, 2026)
24  Sec. 3B-16. Department of Corrections.  The Secretary may
25  waive any requirement of this Act or of the rules enacted by

 

 

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1  the Department pursuant to this Act pertaining to the
2  operation of a barber, cosmetology, esthetics, hair braiding,
3  or nail technology school owned or operated by the Department
4  of Corrections and located in a correctional facility to
5  educate inmates that is inconsistent with the mission or
6  operations of the Department of Corrections or is detrimental
7  to the safety and security of any correctional facility.
8  Nothing in this Section 3B-16 exempts the Department of
9  Corrections from the necessity of licensure.
10  (Source: P.A. 98-911, eff. 1-1-15.)
11  (225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
12  (Section scheduled to be repealed on January 1, 2026)
13  Sec. 3C-8. License renewal; expiration; continuing
14  education; persons in military service. The holder of a
15  license issued under this Article may renew that license
16  during the month preceding the expiration date of the license
17  by paying the required fee and giving evidence, as the
18  Department may prescribe, of completing not less than 10 hours
19  of continuing education for a nail technician and 20 hours of
20  continuing education for a nail technology teacher, within the
21  2 years prior to renewal. The continuing education shall be in
22  subjects approved by the Department upon recommendation of the
23  Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
24  Technology Board relating to the practice of nail technology,
25  including, but not limited to, review of sanitary procedures,

 

 

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1  review of chemical service procedures, review of this Act, and
2  review of the Workers' Compensation Act. However, at least 10
3  of the hours of continuing education required for a nail
4  technology teacher shall be in subjects relating to teaching
5  methodology, educational psychology, and classroom management
6  or in other subjects related to teaching.
7  For the initial renewal of a nail technician's license
8  which requires continuing education, as prescribed by rule,
9  one hour of the continuing education shall include domestic
10  violence and sexual assault awareness education as prescribed
11  by rule of the Department. For every subsequent renewal of a
12  nail technician's license, one hour of the continuing
13  education may include domestic violence and sexual assault
14  awareness education as prescribed by rule of the Department.
15  The one-hour domestic violence and sexual assault awareness
16  continuing education course shall be provided by a continuing
17  education provider approved by the Department, except that
18  completion from March 12, 2016 to March 15, 2016 of a one-hour
19  domestic violence and sexual assault awareness course from a
20  domestic violence and sexual assault awareness organization
21  shall satisfy this requirement.
22  The Department may prescribe rules regarding the
23  requirements for domestic violence and sexual assault
24  awareness continuing education courses and teachers.
25  The Department, in its discretion, may waive enforcement
26  of the continuing education requirement in this Section,

 

 

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1  including the domestic violence and sexual assault awareness
2  education requirement, and shall adopt rules defining the
3  standards and criteria for such waiver, under the following
4  circumstances:
5  (a) the licensee resides in a locality where it is
6  demonstrated that the absence of opportunities for such
7  education would interfere with the ability of the licensee
8  to provide service to the public;
9  (b) the licensee's compliance with the continuing
10  education requirements would cause a substantial financial
11  hardship on the licensee;
12  (c) the licensee is serving in the United States Armed
13  Forces; or
14  (d) the licensee is incapacitated due to illness.
15  (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;
16  99-766, eff. 1-1-17.)
17  (225 ILCS 410/Art. IIID heading)
18  ARTICLE IIID.  COSMETOLOGY, ESTHETICS,  HAIR BRAIDING,
19  AND NAIL TECHNOLOGY SALONS AND BARBER SHOPS
20  (Source: P.A. 96-1246, eff. 1-1-11.)
21  (225 ILCS 410/3D-5)
22  (Section scheduled to be repealed on January 1, 2026)
23  Sec. 3D-5. Requisites for ownership or operation of
24  cosmetology, esthetics, hair braiding, and nail technology

 

 

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1  salons and barber shops.
2  (a) No person, firm, partnership, limited liability
3  company, or corporation shall own or operate a cosmetology,
4  esthetics, hair braiding, or nail technology salon or barber
5  shop or employ, rent space to, or independently contract with
6  any licensee under this Act without applying on forms provided
7  by the Department for a certificate of registration.
8  (b) The application for a certificate of registration
9  under this Section shall set forth the name, address, and
10  telephone number of the proposed cosmetology, esthetics, hair
11  braiding, or nail technology salon or barber shop; the name,
12  address, and telephone number of the person, firm,
13  partnership, or corporation that is to own or operate the
14  salon or shop; and, if the salon or shop is to be owned or
15  operated by an entity other than an individual, the name,
16  address, and telephone number of the managing partner or the
17  chief executive officer of the corporation or other entity
18  that owns or operates the salon or shop.
19  (c) The Department shall be notified by the owner or
20  operator of a salon or shop that is moved to a new location. If
21  there is a change in the ownership or operation of a salon or
22  shop, the new owner or operator shall report that change to the
23  Department along with completion of any additional
24  requirements set forth by rule.
25  (d) If a person, firm, partnership, limited liability
26  company, or corporation owns or operates more than one shop or

 

 

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1  salon, a separate certificate of registration must be obtained
2  for each salon or shop.
3  (e) A certificate of registration granted under this
4  Section may be revoked in accordance with the provisions of
5  Article IV and the holder of the certificate may be otherwise
6  disciplined by the Department in accordance with rules adopted
7  under this Act.
8  (f) The Department may promulgate rules to establish
9  additional requirements for owning or operating a salon or
10  shop.
11  (g) The requirement of a certificate of registration as
12  set forth in this Section shall also apply to any person, firm,
13  partnership, limited liability company, or corporation
14  providing barbering, cosmetology, esthetics, hair braiding, or
15  nail technology services at any location not owned or rented
16  by such person, firm, partnership, limited liability company,
17  or corporation for these purposes or from a mobile shop or
18  salon. Notwithstanding any provision of this Section,
19  applicants for a certificate of registration under this
20  subsection (g) shall report in its application the address and
21  telephone number of its office and shall not be required to
22  report the location where services are or will be rendered.
23  Nothing in this subsection (g) shall apply to a sole
24  proprietor who has no employees or contractors and is not
25  operating a mobile shop or salon.
26  (Source: P.A. 99-427, eff. 8-21-15.)

 

 

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1  (225 ILCS 410/4-1)
2  (Section scheduled to be repealed on January 1, 2026)
3  Sec. 4-1. Powers and duties of Department. The Department
4  shall exercise, subject to the provisions of this Act, the
5  following functions, powers and duties:
6  (1) To cause to be conducted examinations to ascertain
7  the qualifications and fitness of applicants for licensure
8  as cosmetologists, estheticians, nail technicians, hair
9  braiders, or barbers and as cosmetology, esthetics, nail
10  technology, hair braiding, or barber teachers.
11  (2) To determine the qualifications for licensure as
12  (i) a cosmetologist, esthetician, nail technician, hair
13  braider, or barber, or (ii) a cosmetology, esthetics, nail
14  technology, hair braiding, or barber teacher, or (iii) a
15  cosmetology clinic teacher for persons currently holding
16  similar licenses outside the State of Illinois or the
17  continental U.S.
18  (3) To prescribe rules for:
19  (i) The method of examination of candidates for
20  licensure as a cosmetologist, esthetician, nail
21  technician, hair braider, or barber or cosmetology,
22  esthetics, nail technology, hair braiding, or barber
23  teacher.
24  (ii) Minimum standards as to what constitutes an
25  approved cosmetology, esthetics, nail technology, hair

 

 

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1  braiding, or barber school.
2  (4) To conduct investigations or hearings on
3  proceedings to determine disciplinary action.
4  (5) To prescribe reasonable rules governing the
5  sanitary regulation and inspection of cosmetology,
6  esthetics, nail technology, hair braiding, or barber
7  schools, salons, or shops.
8  (6) To prescribe reasonable rules for the method of
9  renewal for each license as a cosmetologist, esthetician,
10  nail technician, hair braider, or barber or cosmetology,
11  esthetics, nail technology, hair braiding, or barber
12  teacher or cosmetology clinic teacher.
13  (7) To prescribe reasonable rules for the method of
14  registration, the issuance, fees, renewal and discipline
15  of a certificate of registration for the ownership or
16  operation of cosmetology, esthetics, hair braiding, and
17  nail technology salons and barber shops.
18  (8) To adopt rules concerning sanitation requirements,
19  requirements for education on sanitation, and any other
20  health concerns associated with threading.
21  (Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15.)
22  (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
23  (Section scheduled to be repealed on January 1, 2026)
24  Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair
25  Braiding, and Nail Technology Board.  There is established

 

 

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1  within the Department the Barber, Cosmetology, Esthetics, Hair
2  Braiding, and Nail Technology Board, composed of 11 persons,
3  which shall serve in an advisory capacity to the Secretary in
4  all matters related to the practice of barbering, cosmetology,
5  esthetics, hair braiding, and nail technology.
6  The 11 members of the Board shall be appointed as follows:
7  6 licensed cosmetologists, all of whom hold a current license
8  as a cosmetologist or cosmetology teacher and, for
9  appointments made after the effective date of this amendatory
10  Act of 1996, at least 2 of whom shall be an owner of or a major
11  stockholder in a school of cosmetology, 2 of whom shall be
12  representatives of either a franchiser or an owner operating
13  salons in 2 or more locations within the State, one of whom
14  shall be an independent salon owner, and no one of the
15  cosmetologist members shall be a manufacturer, jobber, or
16  stockholder in a factory of cosmetology articles or an
17  immediate family member of any of the above; one of whom shall
18  be a barber holding a current license; one member who shall be
19  a licensed esthetician or esthetics teacher; one member who
20  shall be a licensed nail technician or nail technology
21  teacher; one member who shall be licensed cosmetologist,
22  barber, nail technician, esthetician, or a licensed
23  cosmetology, barber, esthetics, or nail technology teacher;
24  one member who shall be a licensed hair braider or hair
25  braiding teacher; and one public member who holds no licenses
26  issued by the Department. The Secretary shall give due

 

 

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1  consideration for membership to recommendations by members of
2  the professions and by their professional organizations.
3  Members shall serve 4 year terms and until their successors
4  are appointed and qualified. No member shall be reappointed to
5  the Board for more than 2 terms. Appointments to fill
6  vacancies shall be made in the same manner as original
7  appointments for the unexpired portion of the vacated term.
8  Members of the Board in office on the effective date of this
9  amendatory Act of 1996 shall continue to serve for the
10  duration of the terms to which they have been appointed, but
11  beginning on that effective date all appointments of licensed
12  cosmetologists and barbers to serve as members of the Board
13  shall be made in a manner that will effect at the earliest
14  possible date the changes made by this amendatory Act of 1996
15  in the representative composition of the Board.
16  For the initial appointment of a member who shall be a hair
17  braider or hair braiding teacher to the Board, such individual
18  shall not be required to possess a license at the time of
19  appointment, but shall have at least 5 years active practice
20  in the field of hair braiding and shall obtain a license as a
21  hair braider or a hair braiding teacher within 18 months after
22  appointment to the Board.
23  Six members of the Board shall constitute a quorum. A
24  majority is required for Board decisions.
25  The Board shall elect a chairperson and a vice chairperson
26  annually.

 

 

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1  Board members are not liable for their acts, omissions,
2  decisions, or other conduct in connection with their duties on
3  the Board, except those determined to be willful, wanton, or
4  intentional misconduct.
5  (Source: P.A. 99-427, eff. 8-21-15.)
6  (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
7  (Section scheduled to be repealed on January 1, 2026)
8  Sec. 4-4. Issuance of license. Whenever the provisions of
9  this Act have been complied with, the Department shall issue a
10  license as a cosmetologist, esthetician, nail technician, hair
11  braider, or barber, a license as a cosmetology, esthetics,
12  nail technology, hair braiding, or barber teacher, or a
13  license as a cosmetology clinic teacher as the case may be.
14  (Source: P.A. 98-911, eff. 1-1-15.)
15  (225 ILCS 410/4-6.1)
16  Sec. 4-6.1. Applicant convictions.
17  (a) When reviewing a conviction by plea of guilty or nolo
18  contendere, finding of guilt, jury verdict, or entry of
19  judgment or by sentencing of an initial applicant, the
20  Department may only deny a license based upon consideration of
21  mitigating factors provided in subsection (c) of this Section
22  for a felony directly related to the practice of cosmetology,
23  esthetics, hair braiding, nail technology, and barbering.
24  (b) The following crimes or similar offenses in any other

 

 

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1  jurisdiction are hereby deemed directly related to the
2  practice of cosmetology, esthetics, hair braiding, nail
3  technology, and barbering:
4  (1) first degree murder;
5  (2) second degree murder;
6  (3) drug induced homicide;
7  (4) unlawful restraint;
8  (5) aggravated unlawful restraint;
9  (6) forcible detention;
10  (7) involuntary servitude;
11  (8) involuntary sexual servitude of a minor;
12  (9) predatory criminal sexual assault of a child;
13  (10) aggravated criminal sexual assault;
14  (11) criminal sexual assault;
15  (12) criminal sexual abuse;
16  (13) aggravated kidnaping;
17  (14) aggravated robbery;
18  (15) armed robbery;
19  (16) kidnapping;
20  (17) aggravated battery;
21  (18) aggravated vehicular hijacking;
22  (19) terrorism;
23  (20) causing a catastrophe;
24  (21) possession of a deadly substance;
25  (22) making a terrorist threat;
26  (23) material support for terrorism;

 

 

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1  (24) hindering prosecution of terrorism;
2  (25) armed violence;
3  (26) any felony based on consumer fraud or deceptive
4  business practices under the Consumer Fraud and Deceptive
5  Business Practices Act;
6  (27) any felony requiring registration as a sex
7  offender under the Sex Offender Registration Act;
8  (28) attempt of any the offenses set forth in
9  paragraphs (1) through (27) of this subsection (b); and
10  (29) convictions set forth in Section 4-20 of this
11  Act.
12  (c) The Department shall consider any mitigating factors
13  contained in the record, when determining the appropriate
14  disciplinary sanction, if any, to be imposed. In addition to
15  those set forth in Section 2105-130 of the Department of
16  Professional Regulation Law of the Civil Administrative Code
17  of Illinois, mitigating factors shall include the following:
18  (1) the bearing, if any, the criminal offense or
19  offenses for which the person was previously convicted
20  will have on his or her fitness or ability to perform one
21  or more such duties and responsibilities;
22  (2) the time that has elapsed since the criminal
23  conviction; and
24  (3) the age of the person at the time of the criminal
25  conviction.
26  (d) The Department shall issue an annual report by January

 

 

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1  31, 2018 and by January 31 each year thereafter, indicating
2  the following:
3  (1) the number of initial applicants for a license
4  under this Act within the preceding calendar year;
5  (2) the number of initial applicants for a license
6  under this Act within the previous calendar year who had a
7  conviction;
8  (3) the number of applicants with a conviction who
9  were granted a license under this Act within the previous
10  year;
11  (4) the number of applicants denied a license under
12  this Act within the preceding calendar year; and
13  (5) the number of applicants denied a license under
14  this Act solely on the basis of a conviction within the
15  preceding calendar year.
16  (e) Nothing in this Section shall prevent the Department
17  taking disciplinary or non-disciplinary action against a
18  license as set forth in paragraph (2) of subsection (1) of
19  Section 4-7 of this Act.
20  (Source: P.A. 99-876, eff. 1-1-17.)
21  (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
22  (Section scheduled to be repealed on January 1, 2026)
23  Sec. 4-7. Refusal, suspension and revocation of licenses;
24  causes; disciplinary action.
25  (1) The Department may refuse to issue or renew, and may

 

 

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1  suspend, revoke, place on probation, reprimand or take any
2  other disciplinary or non-disciplinary action as the
3  Department may deem proper, including civil penalties not to
4  exceed $500 for each violation, with regard to any license for
5  any one, or any combination, of the following causes:
6  a. For licensees, conviction of any crime under the
7  laws of the United States or any state or territory
8  thereof that is (i) a felony, (ii) a misdemeanor, an
9  essential element of which is dishonesty, or (iii) a crime
10  which is related to the practice of the profession and,
11  for initial applicants, convictions set forth in Section
12  4-6.1 of this Act.
13  b. Conviction of any of the violations listed in
14  Section 4-20.
15  c. Material misstatement in furnishing information to
16  the Department.
17  d. Making any misrepresentation for the purpose of
18  obtaining a license or violating any provision of this Act
19  or its rules.
20  e. Aiding or assisting another person in violating any
21  provision of this Act or its rules.
22  f. Failing, within 60 days, to provide information in
23  response to a written request made by the Department.
24  g. Discipline by another state, territory, or country
25  if at least one of the grounds for the discipline is the
26  same as or substantially equivalent to those set forth in

 

 

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1  this Act.
2  h. Practice in the barber, nail technology, esthetics,
3  hair braiding, or cosmetology profession, or an attempt to
4  practice in those professions, by fraudulent
5  misrepresentation.
6  i. Gross malpractice or gross incompetency.
7  j. Continued practice by a person knowingly having an
8  infectious or contagious disease.
9  k. Solicitation of professional services by using
10  false or misleading advertising.
11  l. A finding by the Department that the licensee,
12  after having his or her license placed on probationary
13  status, has violated the terms of probation.
14  m. Directly or indirectly giving to or receiving from
15  any person, firm, corporation, partnership or association
16  any fee, commission, rebate, or other form of compensation
17  for any professional services not actually or personally
18  rendered.
19  n. Violating any of the provisions of this Act or
20  rules adopted pursuant to this Act.
21  o. Willfully making or filing false records or reports
22  relating to a licensee's practice, including but not
23  limited to, false records filed with State agencies or
24  departments.
25  p. Habitual or excessive use or addiction to alcohol,
26  narcotics, stimulants, or any other chemical agent or drug

 

 

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1  that results in the inability to practice with reasonable
2  judgment, skill or safety.
3  q. Engaging in dishonorable, unethical or
4  unprofessional conduct of a character likely to deceive,
5  defraud, or harm the public as may be defined by rules of
6  the Department, or violating the rules of professional
7  conduct which may be adopted by the Department.
8  r. Permitting any person to use for any unlawful or
9  fraudulent purpose one's diploma or license or certificate
10  of registration as a cosmetologist, nail technician,
11  esthetician, hair braider, or barber or cosmetology, nail
12  technology, esthetics, hair braiding, or barber teacher or
13  salon or shop or cosmetology clinic teacher.
14  s. Being named as a perpetrator in an indicated report
15  by the Department of Children and Family Services under
16  the Abused and Neglected Child Reporting Act and upon
17  proof by clear and convincing evidence that the licensee
18  has caused a child to be an abused child or neglected child
19  as defined in the Abused and Neglected Child Reporting
20  Act.
21  t. Operating a salon or shop without a valid
22  registration.
23  u. Failure to complete required continuing education
24  hours.
25  (2) In rendering an order, the Secretary shall take into
26  consideration the facts and circumstances involving the type

 

 

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1  of acts or omissions in paragraph (1) of this Section
2  including, but not limited to:
3  (a) the extent to which public confidence in the
4  cosmetology, nail technology, esthetics, hair braiding, or
5  barbering profession was, might have been, or may be,
6  injured;
7  (b) the degree of trust and dependence among the
8  involved parties;
9  (c) the character and degree of harm which did result
10  or might have resulted;
11  (d) the intent or mental state of the licensee at the
12  time of the acts or omissions.
13  (3) The Department may reissue the license or registration
14  upon certification by the Board that the disciplined licensee
15  or registrant has complied with all of the terms and
16  conditions set forth in the final order or has been
17  sufficiently rehabilitated to warrant the public trust.
18  (4) The Department shall refuse to issue or renew or
19  suspend without hearing the license or certificate of
20  registration of any person who fails to file a return, or to
21  pay the tax, penalty or interest shown in a filed return, or to
22  pay any final assessment of tax, penalty or interest, as
23  required by any tax Act administered by the Illinois
24  Department of Revenue, until such time as the requirements of
25  any such tax Act are satisfied as determined by the Department
26  of Revenue.

 

 

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1  (5) (Blank).
2  (6) All fines imposed under this Section shall be paid
3  within 60 days after the effective date of the order imposing
4  the fine or in accordance with the terms set forth in the order
5  imposing the fine.
6  (Source: P.A. 99-427, eff. 8-21-15; 99-876, eff. 1-1-17;
7  100-872, eff. 8-14-18.)
8  (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
9  (Section scheduled to be repealed on January 1, 2026)
10  Sec. 4-9. Practice without a license or after suspension
11  or revocation thereof.
12  (a) If any person violates the provisions of this Act, the
13  Secretary may, in the name of the People of the State of
14  Illinois, through the Attorney General of the State of
15  Illinois, petition, for an order enjoining such violation or
16  for an order enforcing compliance with this Act. Upon the
17  filing of a verified petition in such court, the court may
18  issue a temporary restraining order, without notice or bond,
19  and may preliminarily and permanently enjoin such violation,
20  and if it is established that such person has violated or is
21  violating the injunction, the Court may punish the offender
22  for contempt of court. Proceedings under this Section shall be
23  in addition to, and not in lieu of, all other remedies and
24  penalties provided by this Act.
25  (b) If any person shall practice as a barber,

 

 

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1  cosmetologist, nail technician, hair braider, or esthetician,
2  or teacher thereof or cosmetology clinic teacher or hold
3  himself or herself out as such without being licensed under
4  the provisions of this Act, any licensee, any interested
5  party, or any person injured thereby may, in addition to the
6  Secretary, petition for relief as provided in subsection (a)
7  of this Section.
8  (c) Whenever in the opinion of the Department any person,
9  firm, corporation, or other legal entity has violated any
10  provision of Section 1-7 or 3D-5 of this Act, the Department
11  may issue a rule to show cause why an order to cease and desist
12  should not be entered against that person, firm, corporation,
13  or legal entity. The rule shall clearly set forth the grounds
14  relied upon by the Department and shall provide a period of 7
15  days from the date of the rule to file an answer to the
16  satisfaction of the Department. Failure to answer to the
17  satisfaction of the Department shall cause an order to cease
18  and desist to be issued immediately.
19  (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
20  (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
21  (Section scheduled to be repealed on January 1, 2026)
22  Sec. 4-19. Emergency suspension. The Secretary may
23  temporarily suspend the license of a barber, cosmetologist,
24  nail technician, hair braider, esthetician or teacher thereof
25  or of a cosmetology clinic teacher without a hearing,

 

 

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1  simultaneously with the institution of proceedings for a
2  hearing provided for in Section 4-10 of this Act, if the
3  Secretary finds that evidence in his possession indicates that
4  the licensee's continuation in practice would constitute an
5  imminent danger to the public. In the event that the Secretary
6  suspends, temporarily, this license without a hearing, a
7  hearing must be commenced within 30 days after such suspension
8  has occurred.
9  (Source: P.A. 98-911, eff. 1-1-15.)
10  (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
11  (Section scheduled to be repealed on January 1, 2026)
12  Sec. 4-20. Violations; penalties. Whoever violates any of
13  the following shall, for the first offense, be guilty of a
14  Class B misdemeanor; for the second offense, shall be guilty
15  of a Class A misdemeanor; and for all subsequent offenses,
16  shall be guilty of a Class 4 felony and be fined not less than
17  $1,000 or more than $5,000.
18  (1) The practice of cosmetology, nail technology,
19  esthetics, hair braiding, or barbering or an attempt to
20  practice cosmetology, nail technology, esthetics, hair
21  braiding, or barbering without a license as a cosmetologist,
22  nail technician, esthetician, hair braider, or barber; or the
23  practice or attempt to practice as a cosmetology, nail
24  technology, esthetics, hair braiding, or barber teacher
25  without a license as a cosmetology, nail technology,

 

 

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1  esthetics, hair braiding, or barber teacher; or the practice
2  or attempt to practice as a cosmetology clinic teacher without
3  a proper license.
4  (2) The obtaining of or an attempt to obtain a license or
5  money or any other thing of value by fraudulent
6  misrepresentation.
7  (3) Practice in the barber, nail technology, cosmetology,
8  hair braiding, or esthetic profession, or an attempt to
9  practice in those professions, by fraudulent
10  misrepresentation.
11  (4) Wilfully making any false oath or affirmation whenever
12  an oath or affirmation is required by this Act.
13  (5) The violation of any of the provisions of this Act.
14  (Source: P.A. 98-911, eff. 1-1-15.)
15  (225 ILCS 410/Art. IIIE rep.)
16  Section 20. The Barber, Cosmetology, Esthetics, Hair
17  Braiding, and Nail Technology Act of 1985 is amended by
18  repealing Article IIIE.
19  Section 25. The Unified Code of Corrections is amended by
20  changing Section 5-5-5 as follows:
21  (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
22  Sec. 5-5-5. Loss and restoration of rights.
23  (a) Conviction and disposition shall not entail the loss

 

 

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1  by the defendant of any civil rights, except under this
2  Section and Sections 29-6 and 29-10 of The Election Code, as
3  now or hereafter amended.
4  (b) A person convicted of a felony shall be ineligible to
5  hold an office created by the Constitution of this State until
6  the completion of his sentence.
7  (b-5) Notwithstanding any other provision of law, a person
8  convicted of a felony, bribery, perjury, or other infamous
9  crime for an offense committed on or after the effective date
10  of this amendatory Act of the 103rd General Assembly and
11  committed while he or she was serving as a public official in
12  this State is ineligible to hold any local public office or any
13  office created by the Constitution of this State unless the
14  person's conviction is reversed, the person is again restored
15  to such rights by the terms of a pardon for the offense, the
16  person has received a restoration of rights by the Governor,
17  or the person's rights are otherwise restored by law.
18  (c) A person sentenced to imprisonment shall lose his
19  right to vote until released from imprisonment.
20  (d) On completion of sentence of imprisonment or upon
21  discharge from probation, conditional discharge or periodic
22  imprisonment, or at any time thereafter, all license rights
23  and privileges granted under the authority of this State which
24  have been revoked or suspended because of conviction of an
25  offense shall be restored unless the authority having
26  jurisdiction of such license rights finds after investigation

 

 

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1  and hearing that restoration is not in the public interest.
2  This paragraph (d) shall not apply to the suspension or
3  revocation of a license to operate a motor vehicle under the
4  Illinois Vehicle Code.
5  (e) Upon a person's discharge from incarceration or
6  parole, or upon a person's discharge from probation or at any
7  time thereafter, the committing court may enter an order
8  certifying that the sentence has been satisfactorily completed
9  when the court believes it would assist in the rehabilitation
10  of the person and be consistent with the public welfare. Such
11  order may be entered upon the motion of the defendant or the
12  State or upon the court's own motion.
13  (f) Upon entry of the order, the court shall issue to the
14  person in whose favor the order has been entered a certificate
15  stating that his behavior after conviction has warranted the
16  issuance of the order.
17  (g) This Section shall not affect the right of a defendant
18  to collaterally attack his conviction or to rely on it in bar
19  of subsequent proceedings for the same offense.
20  (h) No application for any license specified in subsection
21  (i) of this Section granted under the authority of this State
22  shall be denied by reason of an eligible offender who has
23  obtained a certificate of relief from disabilities, as defined
24  in Article 5.5 of this Chapter, having been previously
25  convicted of one or more criminal offenses, or by reason of a
26  finding of lack of "good moral character" when the finding is

 

 

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1  based upon the fact that the applicant has previously been
2  convicted of one or more criminal offenses, unless:
3  (1) there is a direct relationship between one or more
4  of the previous criminal offenses and the specific license
5  sought; or
6  (2) the issuance of the license would involve an
7  unreasonable risk to property or to the safety or welfare
8  of specific individuals or the general public.
9  In making such a determination, the licensing agency shall
10  consider the following factors:
11  (1) the public policy of this State, as expressed in
12  Article 5.5 of this Chapter, to encourage the licensure
13  and employment of persons previously convicted of one or
14  more criminal offenses;
15  (2) the specific duties and responsibilities
16  necessarily related to the license being sought;
17  (3) the bearing, if any, the criminal offenses or
18  offenses for which the person was previously convicted
19  will have on his or her fitness or ability to perform one
20  or more such duties and responsibilities;
21  (4) the time which has elapsed since the occurrence of
22  the criminal offense or offenses;
23  (5) the age of the person at the time of occurrence of
24  the criminal offense or offenses;
25  (6) the seriousness of the offense or offenses;
26  (7) any information produced by the person or produced

 

 

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1  on his or her behalf in regard to his or her rehabilitation
2  and good conduct, including a certificate of relief from
3  disabilities issued to the applicant, which certificate
4  shall create a presumption of rehabilitation in regard to
5  the offense or offenses specified in the certificate; and
6  (8) the legitimate interest of the licensing agency in
7  protecting property, and the safety and welfare of
8  specific individuals or the general public.
9  (i) A certificate of relief from disabilities shall be
10  issued only for a license or certification issued under the
11  following Acts:
12  (1) the Animal Welfare Act; except that a certificate
13  of relief from disabilities may not be granted to provide
14  for the issuance or restoration of a license under the
15  Animal Welfare Act for any person convicted of violating
16  Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
17  Care for Animals Act or Section 26-5 or 48-1 of the
18  Criminal Code of 1961 or the Criminal Code of 2012;
19  (2) the Illinois Athletic Trainers Practice Act;
20  (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
21  and Nail Technology Act of 1985;
22  (4) the Boiler and Pressure Vessel Repairer Regulation
23  Act;
24  (5) the Boxing and Full-contact Martial Arts Act;
25  (6) the Illinois Certified Shorthand Reporters Act of
26  1984;

 

 

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1  (7) the Illinois Farm Labor Contractor Certification
2  Act;
3  (8) the Registered Interior Designers Act;
4  (9) the Illinois Professional Land Surveyor Act of
5  1989;
6  (10) the Landscape Architecture Registration Act;
7  (11) the Marriage and Family Therapy Licensing Act;
8  (12) the Private Employment Agency Act;
9  (13) the Professional Counselor and Clinical
10  Professional Counselor Licensing and Practice Act;
11  (14) the Real Estate License Act of 2000;
12  (15) the Illinois Roofing Industry Licensing Act;
13  (16) the Professional Engineering Practice Act of
14  1989;
15  (17) the Water Well and Pump Installation Contractor's
16  License Act;
17  (18) the Electrologist Licensing Act;
18  (19) the Auction License Act;
19  (20) the Illinois Architecture Practice Act of 1989;
20  (21) the Dietitian Nutritionist Practice Act;
21  (22) the Environmental Health Practitioner Licensing
22  Act;
23  (23) the Funeral Directors and Embalmers Licensing
24  Code;
25  (24) (blank);
26  (25) the Professional Geologist Licensing Act;

 

 

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1  (26) the Illinois Public Accounting Act; and
2  (27) the Structural Engineering Practice Act of 1989.
3  (Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)
4  Section 30. The Human Trafficking Resource Center Notice
5  Act is amended by changing Section 5 as follows:
6  (775 ILCS 50/5)
7  Sec. 5. Posted notice required.
8  (a) Each of the following businesses and other
9  establishments shall, upon the availability of the model
10  notice described in Section 15 of this Act, post a notice that
11  complies with the requirements of this Act in a conspicuous
12  place near the public entrance of the establishment, in all
13  restrooms open to the public, or in another conspicuous
14  location in clear view of the public and employees where
15  similar notices are customarily posted:
16  (1) On premise consumption retailer licensees under
17  the Liquor Control Act of 1934 where the sale of alcoholic
18  liquor is the principal business carried on by the
19  licensee at the premises and primary to the sale of food.
20  (2) Adult entertainment facilities, as defined in
21  Section 5-1097.5 of the Counties Code.
22  (3) Primary airports, as defined in Section 47102(16)
23  of Title 49 of the United States Code.
24  (4) Intercity passenger rail or light rail stations.

 

 

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1  (5) Bus stations.
2  (6) Truck stops. For purposes of this Act, "truck
3  stop" means a privately-owned and operated facility that
4  provides food, fuel, shower or other sanitary facilities,
5  and lawful overnight truck parking.
6  (7) Emergency rooms within general acute care
7  hospitals, in which case the notice may be posted by
8  electronic means.
9  (8) Urgent care centers, in which case the notice may
10  be posted by electronic means.
11  (9) Farm labor contractors. For purposes of this Act,
12  "farm labor contractor" means: (i) any person who for a
13  fee or other valuable consideration recruits, supplies, or
14  hires, or transports in connection therewith, into or
15  within the State, any farmworker not of the contractor's
16  immediate family to work for, or under the direction,
17  supervision, or control of, a third person; or (ii) any
18  person who for a fee or other valuable consideration
19  recruits, supplies, or hires, or transports in connection
20  therewith, into or within the State, any farmworker not of
21  the contractor's immediate family, and who for a fee or
22  other valuable consideration directs, supervises, or
23  controls all or any part of the work of the farmworker or
24  who disburses wages to the farmworker. However, "farm
25  labor contractor" does not include full-time regular
26  employees of food processing companies when the employees

 

 

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1  are engaged in recruiting for the companies if those
2  employees are not compensated according to the number of
3  farmworkers they recruit.
4  (10) Privately-operated job recruitment centers.
5  (11) Massage establishments. As used in this Act,
6  "massage establishment" means a place of business in which
7  any method of massage therapy is administered or practiced
8  for compensation. "Massage establishment" does not
9  include: an establishment at which persons licensed under
10  the Medical Practice Act of 1987, the Illinois Physical
11  Therapy Act, or the Naprapathic Practice Act engage in
12  practice under one of those Acts; a business owned by a
13  sole licensed massage therapist; or a cosmetology or
14  esthetics salon registered under the Barber, Cosmetology,
15  Esthetics, Hair Braiding, and Nail Technology Act of 1985.
16  (b) The Department of Transportation shall, upon the
17  availability of the model notice described in Section 15 of
18  this Act, post a notice that complies with the requirements of
19  this Act in a conspicuous place near the public entrance of
20  each roadside rest area or in another conspicuous location in
21  clear view of the public and employees where similar notices
22  are customarily posted.
23  (c) The owner of a hotel or motel shall, upon the
24  availability of the model notice described in Section 15 of
25  this Act, post a notice that complies with the requirements of
26  this Act in a conspicuous and accessible place in or about the

 

 

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1  premises in clear view of the employees where similar notices
2  are customarily posted.
3  (d) The organizer of a public gathering or special event
4  that is conducted on property open to the public and requires
5  the issuance of a permit from the unit of local government
6  shall post a notice that complies with the requirements of
7  this Act in a conspicuous and accessible place in or about the
8  premises in clear view of the public and employees where
9  similar notices are customarily posted.
10  (e) The administrator of a public or private elementary
11  school or public or private secondary school shall post a
12  printout of the downloadable notice provided by the Department
13  of Human Services under Section 15 that complies with the
14  requirements of this Act in a conspicuous and accessible place
15  chosen by the administrator in the administrative office or
16  another location in view of school employees. School districts
17  and personnel are not subject to the penalties provided under
18  subsection (a) of Section 20.
19  (f) The owner of an establishment registered under the
20  Tattoo and Body Piercing Establishment Registration Act shall
21  post a notice that complies with the requirements of this Act
22  in a conspicuous and accessible place in clear view of
23  establishment employees.
24  (Source: P.A. 102-4, eff. 4-27-21; 102-131, eff. 1-1-22;
25  102-813, eff. 5-13-22.)

 

 

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1  Section 35. The Child Labor Law of 2024 is amended by
2  changing Section 40 as follows:
3  (820 ILCS 206/40)
4  Sec. 40. Restrictions on employment of minors.
5  (a) No person shall employ, allow, or permit a minor to
6  work:
7  (1) in any mechanic's garage, including garage pits,
8  repairing cars, trucks, or other vehicles or using garage
9  lifting racks;
10  (2) in the oiling, cleaning, or wiping of machinery or
11  shafting;
12  (3) in or about any mine or quarry;
13  (4) in stone cutting or polishing;
14  (5) in any factory work;
15  (6) in or about any plant manufacturing explosives or
16  articles containing explosive components, or in the use or
17  transportation of same;
18  (7) in or about plants manufacturing iron or steel,
19  ore reduction works, smelters, foundries, forging shops,
20  hot rolling mills or any other place in which the heating,
21  melting, or heat treatment of metals is carried on;
22  (8) in the operation of machinery used in the cold
23  rolling of heavy metal stock, or in the operation of
24  power-driven punching, shearing, stamping, or metal plate
25  bending machines;

 

 

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1  (9) in or about logging, sawmills or lath, shingle, or
2  cooperage-stock mills;
3  (10) in the operation of power-driven woodworking
4  machines, or off-bearing from circular saws;
5  (11) in the operation and repair of freight elevators
6  or hoisting machines and cranes;
7  (12) in spray painting;
8  (13) in occupations involving exposure to lead or its
9  compounds;
10  (14) in occupations involving exposure to acids, dyes,
11  chemicals, dust, gases, vapors, or fumes that are known or
12  suspected to be dangerous to humans;
13  (15) in any occupation subject to the Amusement Ride
14  and Attraction Safety Act;
15  (16) in oil refineries, gasoline blending plants, or
16  pumping stations on oil transmission lines;
17  (17) in the operation of laundry, dry cleaning, or
18  dyeing machinery;
19  (18) in occupations involving exposure to radioactive
20  substances;
21  (19) in or about any filling station or service
22  station, except that this prohibition does not extend to
23  employment within attached convenience stores, food
24  service, or retail establishments;
25  (20) in construction work, including demolition and
26  repair;

 

 

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1  (21) in any energy generation or transmission service;
2  (22) in public and private utilities and related
3  services;
4  (23) in operations in or in connection with
5  slaughtering, meat packing, poultry processing, and fish
6  and seafood processing;
7  (24) in operations which involve working on an
8  elevated surface, with or without use of equipment,
9  including, but not limited to, ladders and scaffolds;
10  (25) in security positions or any occupations that
11  require the use or carrying of a firearm or other weapon;
12  (26) in occupations which involve the handling or
13  storage of human blood, human blood products, human body
14  fluids, or human body tissues;
15  (27) in any mill, cannery, factory, workshop, or coal,
16  brick, or lumber yard;
17  (28) any occupation which is prohibited for minors
18  under federal law; or
19  (29) in any other occupation or working condition
20  determined by the Director to be hazardous.
21  (b) No person shall employ, allow, or permit a minor to
22  work at:
23  (1) any cannabis business establishment subject to the
24  Cannabis Regulation and Tax Act or Compassionate Use of
25  Medical Cannabis Program Act;
26  (2) any establishment subject to the Live Adult

 

 

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1  Entertainment Facility Surcharge Act;
2  (3) any firearm range or gun range used for
3  discharging a firearm in a sporting event, for practice or
4  instruction in the use of a firearm, or the testing of a
5  firearm;
6  (4) any establishment in which items containing
7  alcohol for consumption are manufactured, distilled,
8  brewed, or bottled;
9  (5) any establishment where the primary activity is
10  the sale of alcohol or tobacco;
11  (6) an establishment operated by any holder of an
12  owners license subject to the Illinois Gambling Act; or
13  (7) any other establishment which State or federal law
14  prohibits minors from entering or patronizing.
15  (c) An employer shall not allow minors to draw, mix, pour,
16  or serve any item containing alcohol or otherwise handle any
17  open containers of alcohol. An employer shall make reasonable
18  efforts to ensure that minors are unable to access alcohol.
19  (d) An employer may allow minors aged 14 and 15 to work in
20  retail stores, except that an employer shall not allow minors
21  to handle or be able to access any goods or products which are
22  illegal for minors to purchase or possess.
23  (e) No person shall employ, allow, or permit an unlicensed
24  minor to perform work in the practice of barber, cosmetology,
25  esthetics, hair braiding, and nail technology services
26  requiring a license under the Barber, Cosmetology, Esthetics,

 

 

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1  Hair Braiding, and Nail Technology Act of 1985, except for
2  students enrolled in a school and performing barber,
3  cosmetology, esthetics, hair braiding, and nail technology
4  services in accordance with that Act and rules adopted under
5  that Act.
6  (f) A person may employ, allow, or permit a minor to
7  perform office or administrative support work that does not
8  expose the minor to the work prohibited in this Section.
9  (Source: P.A. 103-721, eff. 1-1-25.)
10  Section 99. Effective date. This Act takes effect upon
11  becoming law.
SB2348- 64 -LRB104 09872 AAS 19940 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.364 225 ILCS 57/305 225 ILCS 410/1-1from Ch. 111, par. 1701-16 225 ILCS 410/1-2from Ch. 111, par. 1701-27 225 ILCS 410/1-48 225 ILCS 410/1-7from Ch. 111, par. 1701-79 225 ILCS 410/1-7.510 225 ILCS 410/1-7.1011 225 ILCS 410/1-10from Ch. 111, par. 1701-1012 225 ILCS 410/1-11from Ch. 111, par. 1701-1113 225 ILCS 410/Art. IIIB 14 heading15 225 ILCS 410/3B-1from Ch. 111, par. 1703B-116 225 ILCS 410/3B-1017 225 ILCS 410/3B-1118 225 ILCS 410/3B-1219 225 ILCS 410/3B-1520 225 ILCS 410/3B-1621 225 ILCS 410/3C-8from Ch. 111, par. 1703C-822 225 ILCS 410/Art. IIID 23 heading24 225 ILCS 410/3D-525 225 ILCS 410/4-1  SB2348- 65 -LRB104 09872 AAS 19940 b  SB2348- 64 -LRB104 09872 AAS 19940 b   SB2348 - 64 - LRB104 09872 AAS 19940 b  1  INDEX 2  Statutes amended in order of appearance  3  5 ILCS 80/4.36   4  225 ILCS 57/30   5  225 ILCS 410/1-1 from Ch. 111, par. 1701-1  6  225 ILCS 410/1-2 from Ch. 111, par. 1701-2  7  225 ILCS 410/1-4   8  225 ILCS 410/1-7 from Ch. 111, par. 1701-7  9  225 ILCS 410/1-7.5   10  225 ILCS 410/1-7.10   11  225 ILCS 410/1-10 from Ch. 111, par. 1701-10  12  225 ILCS 410/1-11 from Ch. 111, par. 1701-11  13  225 ILCS 410/Art. IIIB 14  heading   15  225 ILCS 410/3B-1 from Ch. 111, par. 1703B-1  16  225 ILCS 410/3B-10   17  225 ILCS 410/3B-11   18  225 ILCS 410/3B-12   19  225 ILCS 410/3B-15   20  225 ILCS 410/3B-16   21  225 ILCS 410/3C-8 from Ch. 111, par. 1703C-8  22  225 ILCS 410/Art. IIID 23  heading   24  225 ILCS 410/3D-5   25  225 ILCS 410/4-1    SB2348- 65 -LRB104 09872 AAS 19940 b   SB2348 - 65 - LRB104 09872 AAS 19940 b
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1  INDEX
2  Statutes amended in order of appearance
3  5 ILCS 80/4.36
4  225 ILCS 57/30
5  225 ILCS 410/1-1 from Ch. 111, par. 1701-1
6  225 ILCS 410/1-2 from Ch. 111, par. 1701-2
7  225 ILCS 410/1-4
8  225 ILCS 410/1-7 from Ch. 111, par. 1701-7
9  225 ILCS 410/1-7.5
10  225 ILCS 410/1-7.10
11  225 ILCS 410/1-10 from Ch. 111, par. 1701-10
12  225 ILCS 410/1-11 from Ch. 111, par. 1701-11
13  225 ILCS 410/Art. IIIB
14  heading
15  225 ILCS 410/3B-1 from Ch. 111, par. 1703B-1
16  225 ILCS 410/3B-10
17  225 ILCS 410/3B-11
18  225 ILCS 410/3B-12
19  225 ILCS 410/3B-15
20  225 ILCS 410/3B-16
21  225 ILCS 410/3C-8 from Ch. 111, par. 1703C-8
22  225 ILCS 410/Art. IIID
23  heading
24  225 ILCS 410/3D-5
25  225 ILCS 410/4-1
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1  INDEX
2  Statutes amended in order of appearance
3  5 ILCS 80/4.36
4  225 ILCS 57/30
5  225 ILCS 410/1-1 from Ch. 111, par. 1701-1
6  225 ILCS 410/1-2 from Ch. 111, par. 1701-2
7  225 ILCS 410/1-4
8  225 ILCS 410/1-7 from Ch. 111, par. 1701-7
9  225 ILCS 410/1-7.5
10  225 ILCS 410/1-7.10
11  225 ILCS 410/1-10 from Ch. 111, par. 1701-10
12  225 ILCS 410/1-11 from Ch. 111, par. 1701-11
13  225 ILCS 410/Art. IIIB
14  heading
15  225 ILCS 410/3B-1 from Ch. 111, par. 1703B-1
16  225 ILCS 410/3B-10
17  225 ILCS 410/3B-11
18  225 ILCS 410/3B-12
19  225 ILCS 410/3B-15
20  225 ILCS 410/3B-16
21  225 ILCS 410/3C-8 from Ch. 111, par. 1703C-8
22  225 ILCS 410/Art. IIID
23  heading
24  225 ILCS 410/3D-5
25  225 ILCS 410/4-1

 

 

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