Public Act 104-0134
 
SB2154 EnrolledLRB104 11142 AAS 21224 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Barber, Cosmetology, Esthetics, Hair 
Braiding, and Nail Technology Act of 1985 is amended by 
changing Sections 1-11, 3-1, 3A-1, 4-7, and 4-20 as follows:
 
    (225 ILCS 410/1-11)  (from Ch. 111, par. 1701-11)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 1-11. Exceptions to Act. 
    (a) Nothing in this Act shall be construed to apply to the 
educational activities conducted in connection with any 
monthly, annual or other special educational program of any 
bona fide association of licensed cosmetologists, 
estheticians, nail technicians, hair braiders, or barbers, or 
licensed cosmetology, esthetics, nail technology, hair 
braiding, or barber schools from which the general public is 
excluded.
    (b) Nothing in this Act shall be construed to apply to the 
activities and services of registered nurses or licensed 
practical nurses, as defined in the Nurse Practice Act, or to 
personal care or health care services provided by individuals 
in the performance of their duties as employed or authorized 
by facilities or programs licensed or certified by State 
agencies. As used in this subsection (b), "personal care" 
means assistance with meals, dressing, movement, bathing, or 
other personal needs or maintenance or general supervision and 
oversight of the physical and mental well-being of an 
individual who is incapable of maintaining a private, 
independent residence or who is incapable of managing his or 
her person whether or not a guardian has been appointed for 
that individual. The definition of "personal care" as used in 
this subsection (b) shall not otherwise be construed to negate 
the requirements of this Act or its rules.
    (c) Nothing in this Act shall be deemed to require 
licensure of individuals employed by the motion picture, film, 
television, stage play or related industry for the purpose of 
providing cosmetology or esthetics services to actors of that 
industry while engaged in the practice of cosmetology or 
esthetics as a part of that person's employment.
    (d) Nothing in this Act shall be deemed to require 
licensure of an inmate of the Department of Corrections who 
performs barbering or cosmetology with the approval of the 
Department of Corrections during the person's incarceration. 
    (e) Nothing in this Act shall be construed to limit the 
ability of a licensed physician to practice medicine in all of 
its branches. 
(Source: P.A. 99-427, eff. 8-21-15.)
 
    (225 ILCS 410/3-1)  (from Ch. 111, par. 1703-1)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 3-1. Cosmetology defined. Any one or any combination 
of the following practices constitutes the practice of 
cosmetology when done for cosmetic or beautifying purposes and 
not for the treatment of disease or of muscular or nervous 
disorder: arranging, braiding, dressing, cutting, trimming, 
curling, waving, chemical restructuring, shaping, singeing, 
bleaching, coloring or similar work, upon the hair of the head 
or any cranial prosthesis; cutting or trimming facial hair of 
any person; any practice of manicuring, pedicuring, decorating 
nails, applying sculptured nails or otherwise artificial nails 
by hand or with mechanical or electrical apparatus or 
appliances, or in any way caring for the nails or the skin of 
the hands or feet including massaging the hands, arms, elbows, 
feet, lower legs, and knees of another person for other than 
the treatment of medical disorders; any practice of epilation 
or depilation of any person; any practice for the purpose of 
cleansing, massaging or toning the skin of the scalp; 
beautifying, massaging, cleansing, exfoliating, or stimulating 
the stratum corneum of the epidermis by the use of cosmetic 
preparations, including superficial exfoliants, body 
treatments, body wraps, the use of hydrotherapy, or any 
device, electrical, mechanical, or otherwise, including 
microdermabrasion, hydrodermabrasion, and dermaplaning; 
applying make-up or eyelashes to any person or lightening or 
coloring hair on the body and removing superfluous hair from 
the body of any person by the use of depilatories, waxing, 
threading, or tweezers. The term "cosmetology" does not 
include the services provided by an electrologist. Nail 
technology is the practice and the study of cosmetology only 
to the extent of manicuring, pedicuring, decorating, and 
applying sculptured or otherwise artificial nails, or in any 
way caring for the nail or the skin of the hands or feet 
including massaging the hands, arms, elbows, feet, lower legs, 
and knees. Cosmetologists are prohibited from using any 
technique, product, or practice intended to affect the living 
layers of the skin. The term cosmetology includes rendering 
advice on what is cosmetically appealing, but no person 
licensed under this Act shall render advice on what is 
appropriate medical treatment for diseases of the skin. 
Purveyors of cosmetics may demonstrate such cosmetic products 
in conjunction with any sales promotion and shall not be 
required to hold a license under this Act. Nothing in this Act 
shall be construed to prohibit the shampooing of hair by 
persons employed for that purpose and who perform that task 
under the direct supervision of a licensed cosmetologist or 
licensed cosmetology teacher.
(Source: P.A. 98-911, eff. 1-1-15.)
 
    (225 ILCS 410/3A-1)  (from Ch. 111, par. 1703A-1)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 3A-1. Esthetics defined. 
    (A) Any one or combination of the following practices, 
when done for cosmetic or beautifying purposes and not for the 
treatment of disease or of a muscular or nervous disorder, 
constitutes the practice of esthetics:
        1. Beautifying, massaging, cleansing, exfoliating, or 
    stimulating the stratum corneum of the epidermis by the 
    use of cosmetic preparations, including superficial 
    exfoliants, body treatments, body wraps, hydrotherapy, or 
    any device, electrical, mechanical, or otherwise, for the 
    care of the skin, including microdermabrasion, 
    hydrodermabrasion, and dermaplaning;
        2. Applying make-up or eyelashes to any person or 
    lightening or coloring hair on the body except the scalp; 
    and
        3. Removing superfluous hair from the body of any 
    person.
    However, esthetics does not include the services provided 
by a cosmetologist or electrologist. Estheticians are 
prohibited from using techniques, products, and practices 
intended to affect the living layers of the skin. The term 
esthetics includes rendering advice on what is cosmetically 
appealing, but no person licensed under this Act shall render 
advice on what is appropriate medical treatment for diseases 
of the skin.
    (B) "Esthetician" means any person who, with hands or 
mechanical or electrical apparatus or appliances, engages only 
in the use of cosmetic preparations, body treatments, body 
wraps, hydrotherapy, makeups, antiseptics, tonics, lotions, 
creams or other preparations or in the practice of massaging, 
cleansing, exfoliating the stratum corneum of the epidermis, 
stimulating, manipulating, beautifying, grooming, threading, 
or similar work on the face, neck, arms and hands or body in a 
superficial mode, and not for the treatment of medical 
disorders.
(Source: P.A. 98-911, eff. 1-1-15.)
 
    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 4-7. Refusal, suspension and revocation of licenses; 
causes; disciplinary action.
    (1) The Department may refuse to issue or renew, and may 
suspend, revoke, place on probation, reprimand or take any 
other disciplinary or non-disciplinary action as the 
Department may deem proper, including civil penalties not to 
exceed $500 for each violation, with regard to any license for 
any one, or any combination, of the following causes:
        a. For licensees, conviction of any crime under the 
    laws of the United States or any state or territory 
    thereof that is (i) a felony, (ii) a misdemeanor, an 
    essential element of which is dishonesty, or (iii) a crime 
    which is related to the practice of the profession and, 
    for initial applicants, convictions set forth in Section 
    4-6.1 of this Act. 
        b. Conviction of any of the violations listed in 
    Section 4-20.
        c. Material misstatement in furnishing information to 
    the Department.
        d. Making any misrepresentation for the purpose of 
    obtaining a license or violating any provision of this Act 
    or its rules. 
        e. Aiding or assisting another person in violating any 
    provision of this Act or its rules.
        f. Failing, within 60 days, to provide information in 
    response to a written request made by the Department.
        g. Discipline by another state, territory, or country 
    if at least one of the grounds for the discipline is the 
    same as or substantially equivalent to those set forth in 
    this Act.
        h. Practice in the barber, nail technology, esthetics, 
    hair braiding, or cosmetology profession, or an attempt to 
    practice in those professions, by fraudulent 
    misrepresentation.
        i. Gross malpractice or gross incompetency.
        j. Continued practice by a person knowingly having an 
    infectious or contagious disease.
        k. Solicitation of professional services by using 
    false or misleading advertising.
        l. A finding by the Department that the licensee, 
    after having his or her license placed on probationary 
    status, has violated the terms of probation.
        m. Directly or indirectly giving to or receiving from 
    any person, firm, corporation, partnership or association 
    any fee, commission, rebate, or other form of compensation 
    for any professional services not actually or personally 
    rendered.
        n. Violating any of the provisions of this Act or 
    rules adopted pursuant to this Act.
        o. Willfully making or filing false records or reports 
    relating to a licensee's practice, including but not 
    limited to, false records filed with State agencies or 
    departments.
        p. Habitual or excessive use or addiction to alcohol, 
    narcotics, stimulants, or any other chemical agent or drug 
    that results in the inability to practice with reasonable 
    judgment, skill or safety.
        q. Engaging in dishonorable, unethical or 
    unprofessional conduct of a character likely to deceive, 
    defraud, or harm the public as may be defined by rules of 
    the Department, or violating the rules of professional 
    conduct which may be adopted by the Department.
        r. Permitting any person to use for any unlawful or 
    fraudulent purpose one's diploma or license or certificate 
    of registration as a cosmetologist, nail technician, 
    esthetician, hair braider, or barber or cosmetology, nail 
    technology, esthetics, hair braiding, or barber teacher or 
    salon or shop or cosmetology clinic teacher.
        s. Being named as a perpetrator in an indicated report 
    by the Department of Children and Family Services under 
    the Abused and Neglected Child Reporting Act and upon 
    proof by clear and convincing evidence that the licensee 
    has caused a child to be an abused child or neglected child 
    as defined in the Abused and Neglected Child Reporting 
    Act.
        t. Operating a salon or shop without a valid 
    registration. 
        u. Failure to complete required continuing education 
    hours. 
        v. Using any technique, product, or practice intended 
    to affect the living layers of the skin. 
    (2) In rendering an order, the Secretary shall take into 
consideration the facts and circumstances involving the type 
of acts or omissions in paragraph (1) of this Section 
including, but not limited to:
        (a) the extent to which public confidence in the 
    cosmetology, nail technology, esthetics, hair braiding, or 
    barbering profession was, might have been, or may be, 
    injured;
        (b) the degree of trust and dependence among the 
    involved parties;
        (c) the character and degree of harm which did result 
    or might have resulted;
        (d) the intent or mental state of the licensee at the 
    time of the acts or omissions.
    (3) The Department may reissue the license or registration 
upon certification by the Board that the disciplined licensee 
or registrant has complied with all of the terms and 
conditions set forth in the final order or has been 
sufficiently rehabilitated to warrant the public trust.
    (4) The Department shall refuse to issue or renew or 
suspend without hearing the license or certificate of 
registration of any person who fails to file a return, or to 
pay the tax, penalty or interest shown in a filed return, or to 
pay any final assessment of tax, penalty or interest, as 
required by any tax Act administered by the Illinois 
Department of Revenue, until such time as the requirements of 
any such tax Act are satisfied as determined by the Department 
of Revenue.
    (5) (Blank).
    (6) All fines imposed under this Section shall be paid 
within 60 days after the effective date of the order imposing 
the fine or in accordance with the terms set forth in the order 
imposing the fine. 
(Source: P.A. 99-427, eff. 8-21-15; 99-876, eff. 1-1-17; 
100-872, eff. 8-14-18.)
 
    (225 ILCS 410/4-20)  (from Ch. 111, par. 1704-20)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 4-20. Violations; penalties. Whoever violates any of 
the following shall, for the first offense, be guilty of a 
Class B misdemeanor; for the second offense, shall be guilty 
of a Class A misdemeanor; and for all subsequent offenses, 
shall be guilty of a Class 4 felony and be fined not less than 
$1,000 or more than $5,000.
    (1) The practice of cosmetology, nail technology, 
esthetics, hair braiding, or barbering or an attempt to 
practice cosmetology, nail technology, esthetics, hair 
braiding, or barbering without a license as a cosmetologist, 
nail technician, esthetician, hair braider, or barber; or the 
practice or attempt to practice as a cosmetology, nail 
technology, esthetics, hair braiding, or barber teacher 
without a license as a cosmetology, nail technology, 
esthetics, hair braiding, or barber teacher; or the practice 
or attempt to practice as a cosmetology clinic teacher without 
a proper license.
    (2) The obtaining of or an attempt to obtain a license or 
money or any other thing of value by fraudulent 
misrepresentation.
    (3) Practice in the barber, nail technology, cosmetology, 
hair braiding, or esthetic profession, or an attempt to 
practice in those professions, by fraudulent 
misrepresentation.
    (4) Wilfully making any false oath or affirmation whenever 
an oath or affirmation is required by this Act.
    (5) The use of any technique, product, or practice 
intended to affect the living layers of the skin in the 
practice of cosmetology, nail technology, esthetics, hair 
braiding, or barbering. 
    (6) (5) The violation of any of the provisions of this Act.
(Source: P.A. 98-911, eff. 1-1-15.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.