94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5784


 
Introduced 04/25/06, by Rep. Rich Brauer
 
SYNOPSIS AS INTRODUCED:
 		

















225 ILCS 410/3-1
  from Ch. 111, par. 1703-1


225 ILCS 410/3A-1
  from Ch. 111, par. 1703A-1





    Amends the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985.  Provides that cosmetology and esthetics include the practice of tinting eyelashes and eyebrows.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5784

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    AN ACT concerning regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Barber, Cosmetology, Esthetics, and Nail

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Technology Act of 1985 is amended  by changing Sections 3-1 and 
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3A-1 as follows:
 



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    (225 ILCS 410/3-1)  (from Ch. 111, par. 1703-1)



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    (Section scheduled to be repealed on January 1, 2016)

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    Sec. 3-1. Cosmetology defined. Any one or any combination 
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of the
following practices constitutes the practice of 
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cosmetology when done for
cosmetic or beautifying purposes and 
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not for the treatment of disease or of
muscular or nervous 
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disorder: arranging, braiding, dressing, cutting,
trimming,

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curling, waving, chemical restructuring, shaping, singeing, 
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bleaching,
coloring or similar work, upon the hair of the head 
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or any cranial prosthesis; cutting or trimming
facial hair of 
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any person; any practice of
manicuring, pedicuring, decorating 
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nails, applying sculptured nails or
otherwise artificial nails 
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by hand or with mechanical or electrical
apparatus or 
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appliances, or in any way caring for the nails or the skin of

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the hands or feet including massaging the hands, arms, elbows, 
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feet, lower
legs, and knees of another
person for other than 
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the treatment of medical disorders; any practice of epilation 
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or
depilation of any person; any practice for the purpose of 
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cleansing,
massaging or toning the skin of the scalp; 
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beautifying, massaging,
cleansing, exfoliating, or stimulating

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the stratum corneum of the epidermis by the use of cosmetic

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preparations, body treatments, body wraps, the use of

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hydrotherapy, or any device,
electrical, mechanical, or 
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otherwise; or applying make-up or
eyelashes to any person, 
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tinting eyelashes and eyebrows,
or  lightening hair
on the body, 
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or
and removing superfluous hair from the body of any person by

 


 






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the use of depilatories, waxing or tweezers.  The term 
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"cosmetology" does
not include the services provided by an 
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electrologist.  Nail technology is
the practice and the study of 
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cosmetology only to the
extent of manicuring, pedicuring, 
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decorating, and applying sculptured or
otherwise artificial 
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nails, or in any way caring for the nail or the skin of
the 
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hands or feet including massaging the hands, arms, elbows, 
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feet, lower
legs,
and knees.
Cosmetologists are prohibited from 
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using any technique, product, or practice intended to affect 
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the living layers of the skin.  The term cosmetology includes

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rendering advice on what is cosmetically appealing, but no 
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person licensed
under this Act shall render advice on what is 
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appropriate medical treatment
for diseases of the skin.  
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Purveyors of cosmetics may demonstrate such cosmetic
products 
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in conjunction with any sales promotion and shall not be

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required to hold a license under this Act.
Nothing in this Act 
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shall be construed to prohibit the shampooing of hair
by 
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persons employed for that purpose and who perform that task

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under the direct supervision of a licensed cosmetologist or 
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licensed
cosmetology teacher.

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(Source: P.A. 94-451, eff. 12-31-05.)

 



22
    (225 ILCS 410/3A-1)  (from Ch. 111, par. 1703A-1)


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    (Section scheduled to be repealed on January 1, 2016)

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    Sec. 3A-1. Esthetics defined. 

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    (A) Any one or combination of the
following practices, when 
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done for cosmetic or beautifying purposes and not for the 
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treatment of disease or of a muscular or nervous disorder,


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constitutes the practice of esthetics:


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        1. Beautifying, massaging, cleansing, exfoliating, or 
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    stimulating the stratum corneum of
the epidermis

by the use 
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    of cosmetic preparations, body
treatments, body wraps, 
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    hydrotherapy,
 or any device, electrical, mechanical, or

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    otherwise, for the care of the skin;


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        2. Applying make-up or eyelashes to any person, tinting 
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    eyelashes and eyebrows, or lightening hair on the body 
 


 






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    except the scalp; and


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        3. Removing superfluous hair from the body of any 
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    person.

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    However, esthetics does not include the services
provided 
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by a cosmetologist or electrologist. Estheticians are 
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prohibited
from using techniques, products, and practices 
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intended to affect the living layers of the skin.  The term 
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esthetics includes rendering advice on what is
cosmetically 
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appealing, but no person licensed under this Act shall render

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advice on what is appropriate medical treatment for diseases of 
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the skin.

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    (B)
"Esthetician" means any person who, with hands or 
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mechanical or
electrical apparatus or appliances, engages only 
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in the use of cosmetic
preparations, body treatments, body 
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wraps, hydrotherapy, makeups,
antiseptics, tonics, lotions, 
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creams or
other preparations or in the practice of massaging, 
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cleansing, exfoliating
the stratum corneum of the epidermis,

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stimulating,
manipulating, beautifying, grooming or similar 
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work on the
face, neck, arms and hands or body in a superficial 
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mode, and not for
the treatment of medical disorders.

21
(Source: P.A. 94-451, eff. 12-31-05.)