No person or entity may practice, operate, advertise, 10400HB0788ham001 -19- LRB104 04688 CCC 36859 a instruct, sponsor, host, supervise, or otherwise hold itself out as authorized under any category created by this Act unless the applicable credential has been issued, approved, or recognized by the Department in accordance with this Act and rules adopted under this Act.

The Department shall issue a license as a licensed cirrologist to an individual who has met HB0788 Engrossed - 19 - LRB104 04688 AAS 14715 b the qualifications established under this Act to engage in the practice of cirrology for compensation.

A licensed cirrologist shall not teach in a licensed school, serve as an approved instructor for related instruction, or supervise a cirrology apprenticeship program 10400HB0788ham001 -20- LRB104 04688 CCC 36859 a unless otherwise authorized by this Act or by separate credential where required.

The Department shall issue a license as a licensed cirrology teacher to an individual who has met the qualifications established under this Act to teach cirrology theory, practical skills, professional standards, sanitation, safety, law, business practices, and related HB0788 Engrossed - 20 - LRB104 04688 AAS 14715 b subject matter approved under this Act.

The Department shall issue a license as a licensed cirrology school to a school, 10400HB0788ham001 -21- LRB104 04688 CCC 36859 a institution, or approved educational entity that has met the qualifications established under this Act to provide a cirrology course of instruction, clinical training, student services, and other educational functions required for licensure.

HB0788 Engrossed - 21 - LRB104 04688 AAS 14715 b (2) provide the curriculum, clock hours, practical training, and evaluations required under this Act;

The Department shall approve an entity as an approved continuing education sponsor to offer continuing education courses, training, 10400HB0788ham001 -22- LRB104 04688 CCC 36859 a seminars, workshops, online instruction, or other approved learning activities for renewal, competency development, instructor development, public safety, sanitation, law, ethics, business practice, or other subjects authorized under this Act.

(1) develop and offer continuing education content for HB0788 Engrossed - 22 - LRB104 04688 AAS 14715 b persons credentialed under this Act;

The Department shall issue a registration as a registered cirrology shop to a person or entity that has met the requirements established under this Act to operate a salon, shop, suite, fixed place of business, or other registered location, and any mobile shop or salon if authorized by rule, for the performance of cirrology services 10400HB0788ham001 -23- LRB104 04688 CCC 36859 a for compensation.

HB0788 Engrossed - 23 - LRB104 04688 AAS 14715 b (3) maintain a place of business for consumer services, consultation, and related retail or educational functions permitted by law;

10400HB0788ham001 -24- LRB104 04688 CCC 36859 a (1) a community college;

or (7) another approved educational or community-based HB0788 Engrossed - 24 - LRB104 04688 AAS 14715 b partner.

The Department shall approve a person, business, organization, or work site as an 10400HB0788ham001 -25- LRB104 04688 CCC 36859 a approved partner employer to employ and provide paid on-the-job training to an apprentice enrolled in a cirrology apprenticeship program under the supervision required by this Act.

HB0788 Engrossed - 25 - LRB104 04688 AAS 14715 b (2) a licensed cirrology school operating an approved training site as permitted by this Act;

and (5) participate in a cirrology apprenticeship program 10400HB0788ham001 -26- LRB104 04688 CCC 36859 a in accordance with this Act and rules.

The Department shall recognize and regulate a cirrology apprenticeship program as a HB0788 Engrossed - 26 - LRB104 04688 AAS 14715 b paid, structured, supervised training pathway approved under this Act through which an enrolled apprentice receives compensated on-the-job learning, related instruction, evaluation, and competency development toward licensure as a cirrologist.

Recognition of a cirrology apprenticeship program under this subsection creates an approved pathway to licensure but does not itself constitute a separate professional license for 10400HB0788ham001 -27- LRB104 04688 CCC 36859 a independent practice.

HB0788 Engrossed - 27 - LRB104 04688 AAS 14715 b A pre-apprenticeship program may be offered or coordinated by an approved apprenticeship partner, licensed cirrology school, community college, high school, workforce training organization, nonprofit provider, or other entity approved or recognized by the Department.

10400HB0788ham001 -28- LRB104 04688 CCC 36859 a Without limitation:

(2) registration as a registered cirrology shop does HB0788 Engrossed - 28 - LRB104 04688 AAS 14715 b not automatically authorize participation as an approved partner employer;

For all credential categories specific to cirrology, the Department shall act in consultation with, and where required by this Act shall first obtain the recommendation of, the Board concerning standards, qualifications, curriculum, training, supervision, approval criteria, and other matters necessary to implement this 10400HB0788ham001 -29- LRB104 04688 CCC 36859 a Section.

The Department may adopt rules necessary to administer the categories of licensure, registration, approval, and program recognition created under this Section, including rules concerning applications, renewals, documentation, recordkeeping, compliance, discipline, display of credentials, consumer notice, and operational standards, HB0788 Engrossed - 29 - LRB104 04688 AAS 14715 b consistent with this Act.

10400HB0788ham001 -30- LRB104 04688 CCC 36859 a (1) submit a completed application on forms prescribed by the Department;

(4) demonstrate fitness for licensure in accordance HB0788 Engrossed - 30 - LRB104 04688 AAS 14715 b with applicable Illinois law;

10400HB0788ham001 -31- LRB104 04688 CCC 36859 a (6) bacteriology and common scalp-related concerns relevant to safe practice;

HB0788 Engrossed - 31 - LRB104 04688 AAS 14715 b (9) tools, implements, and equipment used in cirrology;

10400HB0788ham001 -32- LRB104 04688 CCC 36859 a (21) cornrows with and without extensions;

HB0788 Engrossed - 32 - LRB104 04688 AAS 14715 b (25) salon and practice management;

(4) satisfy the supervision, recordkeeping, 10400HB0788ham001 -33- LRB104 04688 CCC 36859 a evaluation, and competency requirements established by this Act and by rule;

During the 18-month transition period HB0788 Engrossed - 33 - LRB104 04688 AAS 14715 b established under this Act, any person holding an active Illinois hair braider license in good standing shall be eligible for automatic transition into the corresponding cirrology licensure category for renewal purposes.

Any examination required under this Act shall measure competency in technical 10400HB0788ham001 -34- LRB104 04688 CCC 36859 a knowledge, practical skills, sanitation, client safety, and public protection.

HB0788 Engrossed - 34 - LRB104 04688 AAS 14715 b (h) Issuance of license.

The required hours shall include subjects 10400HB0788ham001 -35- LRB104 04688 CCC 36859 a related to safety, sanitation, ethics, innovation, client care, public protection, or other subjects approved by the Department upon recommendation of the Board.

The Department may adopt rules necessary to implement this Section, including rules concerning application procedures, documentation, examinations, grandfathering, temporary licensure, transition HB0788 Engrossed - 35 - LRB104 04688 AAS 14715 b requirements, proof of experience, and related administrative standards, upon recommendation of the Board where required under this Act.

and 10400HB0788ham001 -36- LRB104 04688 CCC 36859 a (3) a supervising licensed cirrologist or licensed cirrology teacher responsible for oversight of practical training and competency development.

HB0788 Engrossed - 36 - LRB104 04688 AAS 14715 b (2) a high school or career and technical education program;

and (6) enter into agreements with licensed cirrology 10400HB0788ham001 -37- LRB104 04688 CCC 36859 a schools, community colleges, high schools, and approved partner employers.

(a) The Department may approve an approved partner employer that demonstrates the ability to provide paid, supervised, competency-based training within the scope of HB0788 Engrossed - 37 - LRB104 04688 AAS 14715 b practice authorized by this Act.

(2) it maintains sanitation, health, and safety 10400HB0788ham001 -38- LRB104 04688 CCC 36859 a compliance;

HB0788 Engrossed - 38 - LRB104 04688 AAS 14715 b Section 7.5.

and (2) not less than 150 hours of related instruction in 10400HB0788ham001 -39- LRB104 04688 CCC 36859 a sanitation, safety, textured hair science, law, ethics, client care, and professional practice;

(c) Apprenticeship training shall be structured as a HB0788 Engrossed - 39 - LRB104 04688 AAS 14715 b one-year program unless otherwise extended or modified by rule for cause, interruption, disability accommodation, or part-time participation.

(c) A supervising licensee may supervise no more than one apprentice at a time unless otherwise authorized by rule upon 10400HB0788ham001 -40- LRB104 04688 CCC 36859 a recommendation of the Board.

HB0788 Engrossed - 40 - LRB104 04688 AAS 14715 b (4) the supervising licensee;

(a) The Department, in consultation with the Board of Cirrology, may collaborate with the Illinois Small Business Development Centers, the Department of Commerce and Economic Opportunity, and other workforce and entrepreneurship programs 10400HB0788ham001 -41- LRB104 04688 CCC 36859 a to provide business training, financial literacy, and technical assistance to cirrology licensees seeking to establish or expand small businesses.

HB0788 Engrossed - 41 - LRB104 04688 AAS 14715 b (3) the Department of Commerce and Economic Opportunity;

and 10400HB0788ham001 -42- LRB104 04688 CCC 36859 a (8) employment placement and career pathway support.

No person may teach cirrology theory HB0788 Engrossed - 42 - LRB104 04688 AAS 14715 b or practice, supervise cirrology students in a licensed school program, or hold himself or herself out as a licensed cirrology teacher unless licensed by the Department under this Act, except as otherwise expressly provided by this Act.

(3) receive official proof of completion in the form 10400HB0788ham001 -43- LRB104 04688 CCC 36859 a required by the Department;

HB0788 Engrossed - 43 - LRB104 04688 AAS 14715 b The required course of study shall include, at a minimum, the following subject areas:

10400HB0788ham001 -44- LRB104 04688 CCC 36859 a (10) observation and supervised practice teaching;

Applicants for licensure as a licensed cirrology teacher shall pass any HB0788 Engrossed - 44 - LRB104 04688 AAS 14715 b written, oral, practical, performance-based, or other examination or competency evaluation required under this Act.

Licensure as a licensed cirrology teacher authorizes the holder to teach cirrology theory and practice, supervise students in approved school settings, provide instruction in approved educational programs, and perform other instructional functions authorized under this 10400HB0788ham001 -45- LRB104 04688 CCC 36859 a Act.

HB0788 Engrossed - 45 - LRB104 04688 AAS 14715 b (h) Renewal;

No person, school, 10400HB0788ham001 -46- LRB104 04688 CCC 36859 a institution, business, or other entity may advertise, operate, or hold itself out as a licensed cirrology school unless licensed by the Department under this Act.

A licensed cirrology school shall provide the primary educational pathway for licensure under this Act and shall deliver the required 600-hour cirrology program and 600-hour teacher program, together with any other instruction HB0788 Engrossed - 46 - LRB104 04688 AAS 14715 b approved under this Act, in a manner that protects students, supports public health, and prepares graduates for safe, ethical, and competent practice.

10400HB0788ham001 -47- LRB104 04688 CCC 36859 a (7) submit the proposed cirrology curriculum, course structure, and instructional schedule for approval;

(9) demonstrate the ability to comply with all health, sanitation, safety, public protection, and educational HB0788 Engrossed - 47 - LRB104 04688 AAS 14715 b requirements established under this Act and by rule;

(2) provide classrooms, clinic or practical training areas, equipment, supplies, and materials reasonably 10400HB0788ham001 -48- LRB104 04688 CCC 36859 a necessary for instruction in cirrology;

HB0788 Engrossed - 48 - LRB104 04688 AAS 14715 b (5) maintain and disclose to students the school calendar, course outline, grading standards, completion requirements, attendance standards, and student policies;

A licensed cirrology school shall provide each student, before enrollment or within the time required by rule, with a written enrollment agreement or other approved disclosure document stating, at a 10400HB0788ham001 -49- LRB104 04688 CCC 36859 a minimum:

(6) the school's cancellation, withdrawal, and HB0788 Engrossed - 49 - LRB104 04688 AAS 14715 b termination policies;

A licensed cirrology 10400HB0788ham001 -50- LRB104 04688 CCC 36859 a school shall employ or contract with one or more licensed cirrology teachers sufficient to provide proper instruction and supervision.

HB0788 Engrossed - 50 - LRB104 04688 AAS 14715 b (i) Records and proof of completion.

If the Department determines that the school is not 10400HB0788ham001 -51- LRB104 04688 CCC 36859 a operating in compliance with this Act, the Department may deny, refuse to renew, place on probation, suspend, revoke, restrict, or otherwise discipline the school license in accordance with this Act.

A barber school, cosmetology school, or other school licensed under another Illinois licensing Act may apply to the HB0788 Engrossed - 51 - LRB104 04688 AAS 14715 b Department for approval to add a cirrology program as a separate approved course of instruction under this Act.

The Department may require separate approval, registration, or disclosure for branch locations, satellite instructional sites, shared facilities, or other additional locations used 10400HB0788ham001 -52- LRB104 04688 CCC 36859 a for cirrology instruction.

During the 18-month transition period established under this Act, the Department may issue, convert, or recognize corresponding school approval under this Act for a school that previously operated, was HB0788 Engrossed - 52 - LRB104 04688 AAS 14715 b approved, or was recognized under prior hair braider law, provided the school is in good standing and complies with any transition requirements established by rule.

The Department may adopt rules necessary to implement this Section, including rules concerning school applications, facilities, curriculum approval, student-teacher ratios, records, disclosures, 10400HB0788ham001 -53- LRB104 04688 CCC 36859 a inspections, branch locations, transition standards, and other administrative or educational requirements, upon recommendation of the Board where required under this Act.

Nothing in this Act shall be construed to limit, modify, or restrict the lawful HB0788 Engrossed - 53 - LRB104 04688 AAS 14715 b scope of practice of licensed cosmetologists, barbers, estheticians, or other professionals regulated under the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985.

An approved continuing education sponsor 10400HB0788ham001 -54- LRB104 04688 CCC 36859 a shall provide continuing education designed to promote professional competency, public health, sanitation, legal compliance, educator development, business development, and safe practice within the field of cirrology.

(1) submit a completed application on forms prescribed HB0788 Engrossed - 54 - LRB104 04688 AAS 14715 b by the Department;

10400HB0788ham001 -55- LRB104 04688 CCC 36859 a (1) sanitation, disinfection, infection control, and public health;

HB0788 Engrossed - 55 - LRB104 04688 AAS 14715 b (4) this Act and rules adopted under this Act;

10400HB0788ham001 -56- LRB104 04688 CCC 36859 a The Department may adopt rules regarding the number of hours that may be completed through distance or online instruction and the standards for verifying participation and completion.

An approved continuing education sponsor shall ensure that courses are taught or presented by persons who are qualified by education, training, HB0788 Engrossed - 56 - LRB104 04688 AAS 14715 b licensure, professional experience, subject matter expertise, or instructional background to teach the subject matter offered.

10400HB0788ham001 -57- LRB104 04688 CCC 36859 a (2) dates and locations of instruction;

The sponsor shall issue to each participant who successfully completes a course a certificate or other proof HB0788 Engrossed - 57 - LRB104 04688 AAS 14715 b of completion in the form required by the Department.

or (4) misrepresent Department approval, endorsement, or 10400HB0788ham001 -58- LRB104 04688 CCC 36859 a sponsorship beyond the scope of the approval granted under this Section.

HB0788 Engrossed - 58 - LRB104 04688 AAS 14715 b (l) Transition for existing sponsors.

Approval as an approved continuing education sponsor authorizes the holder to offer continuing 10400HB0788ham001 -59- LRB104 04688 CCC 36859 a education approved under this Act.

The Department may adopt rules HB0788 Engrossed - 59 - LRB104 04688 AAS 14715 b necessary to implement this Section, including rules concerning sponsor applications, course standards, instructor qualifications, approved formats, records, audits, renewals, transition standards, and other administrative requirements, upon recommendation of the Board where required under this Act.

10400HB0788ham001 -60- LRB104 04688 CCC 36859 a (c) Application for registration.

(3) provide the address of the shop and any other HB0788 Engrossed - 60 - LRB104 04688 AAS 14715 b information required by the Department to identify the location and ownership of the business;

A shop that fails to renew on or before the expiration date may not continue 10400HB0788ham001 -61- LRB104 04688 CCC 36859 a operating unless otherwise permitted by this Act or by rule.

HB0788 Engrossed - 61 - LRB104 04688 AAS 14715 b (g) Scope of registration.

(1) maintain the premises in a clean, safe, sanitary, 10400HB0788ham001 -62- LRB104 04688 CCC 36859 a and orderly condition;

HB0788 Engrossed - 62 - LRB104 04688 AAS 14715 b (4) ensure that only persons lawfully licensed, registered, or otherwise authorized under this Act perform services requiring authorization under this Act;

10400HB0788ham001 -63- LRB104 04688 CCC 36859 a Nothing in this Section authorizes the performance of services outside the scope of this Act.

HB0788 Engrossed - 63 - LRB104 04688 AAS 14715 b Ownership of a registered cirrology shop does not, by itself, authorize the owner to practice cirrology unless the owner is separately licensed under this Act.

A registered cirrology shop may apply for approval as an approved partner employer if it satisfies the apprenticeship supervision, training, recordkeeping, wage, and compliance 10400HB0788ham001 -64- LRB104 04688 CCC 36859 a requirements established under this Act and by rule.

HB0788 Engrossed - 64 - LRB104 04688 AAS 14715 b (p) Discipline and enforcement.

No institution, program, organization, or other entity may advertise, offer, coordinate, host, or hold itself out as an approved 10400HB0788ham001 -65- LRB104 04688 CCC 36859 a apprenticeship partner under this Act unless approved by the Department.

An approved apprenticeship partner shall support the cirrology apprenticeship program by providing or coordinating related instruction, pre-apprenticeship preparation, educational support, supportive services, program coordination, or other approved apprenticeship-related HB0788 Engrossed - 65 - LRB104 04688 AAS 14715 b functions consistent with this Act.

(2) pay the required application or approval fee, if 10400HB0788ham001 -66- LRB104 04688 CCC 36859 a any;

(5) demonstrate the capacity to provide or coordinate HB0788 Engrossed - 66 - LRB104 04688 AAS 14715 b related instruction, pre-apprenticeship services, student or apprentice support, or other approved apprenticeship-related functions in a manner consistent with this Act;

(3) provide orientation, mentoring, tutoring, academic 10400HB0788ham001 -67- LRB104 04688 CCC 36859 a support, work-readiness support, or other educational support for apprentices or prospective apprentices;

(5) provide or coordinate supportive services intended HB0788 Engrossed - 67 - LRB104 04688 AAS 14715 b to help apprentices enter, remain in, and complete the apprenticeship pathway, consistent with law and available program authority;

10400HB0788ham001 -68- LRB104 04688 CCC 36859 a (3) be provided by qualified instructors, educators, or subject matter presenters as permitted under this Act or by rule;

An approved apprenticeship partner may offer or coordinate a pre-apprenticeship program HB0788 Engrossed - 68 - LRB104 04688 AAS 14715 b designed to prepare individuals for entry into a cirrology apprenticeship program through foundational instruction, career exposure, work-readiness development, supportive services, or other related preparation.

(4) a workforce training organization or 10400HB0788ham001 -69- LRB104 04688 CCC 36859 a community-based partner;

An approved apprenticeship HB0788 Engrossed - 69 - LRB104 04688 AAS 14715 b partner shall maintain records required by the Department concerning any function performed under this Act, including, where applicable:

10400HB0788ham001 -70- LRB104 04688 CCC 36859 a (3) operation as a registered cirrology shop unless separately registered under this Act;

An approved apprenticeship HB0788 Engrossed - 70 - LRB104 04688 AAS 14715 b partner shall cooperate with the Department in audits, reviews, investigations, compliance monitoring, and requests for information related to its approved functions under this Act.

The Department may adopt rules necessary to implement this Section, including rules concerning applications, qualifications, related instruction, 10400HB0788ham001 -71- LRB104 04688 CCC 36859 a records, supportive services, agreements, transition standards, audits, and other administrative requirements, upon recommendation of the Board where required under this Act.

The purpose of this Section is to ensure that HB0788 Engrossed - 71 - LRB104 04688 AAS 14715 b the repeal, transfer, replacement, or amendment of hair braiding provisions under prior law and rules do not unnecessarily interrupt lawful work, education, teaching, licensure, school approval, sponsor approval, or business operations while the State transitions to regulation under this Act.

During the 18-month transition period, any person 10400HB0788ham001 -72- LRB104 04688 CCC 36859 a holding an active Illinois hair braider license in good standing shall be eligible for automatic transition into the corresponding cirrology licensure category for renewal purposes.

The Department shall permit the license holder to renew under the designated cirrology category without requiring completion of the full 600-hour cirrology school program at HB0788 Engrossed - 72 - LRB104 04688 AAS 14715 b the time of transition, subject only to any limited sanitation, public health, legal, or administrative transition requirement established by rule and consistent with the purpose of this Act.

Transition requirements adopted under this Section shall be limited to sanitation, public health, legal, or administrative components reasonably necessary to implement this Act and may not be imposed in a manner that creates an unnecessary interruption of lawful practice, instruction, school operation, continuing education activity, or business 10400HB0788ham001 -73- LRB104 04688 CCC 36859 a operation.

During the 18-month transition period, the Department may issue, convert, renew, or recognize corresponding credentials under this Act for schools, continuing education sponsors, shops, apprenticeship-related partners, employers, and other entities previously approved, HB0788 Engrossed - 73 - LRB104 04688 AAS 14715 b recognized, registered, or lawfully operating under prior hair braider law if the person or entity is in good standing and meets any transition requirements established by rule.

10400HB0788ham001 -74- LRB104 04688 CCC 36859 a (g) Corresponding categories.

The Department may adopt rules to implement the transition of individual, instructional, school, sponsor, shop, HB0788 Engrossed - 74 - LRB104 04688 AAS 14715 b apprenticeship, or other related credentials into their appropriate cirrology categories.

This Section shall be liberally 10400HB0788ham001 -75- LRB104 04688 CCC 36859 a construed to preserve continuity, protect the public, recognize lawful prior practice and experience, and ensure an orderly transfer of hair braiding and related textured hair licensure into the cirrology framework created by this Act.

The Department may adopt rules necessary to implement this Section, including rules concerning conversion, renewal, grandfathering, temporary HB0788 Engrossed - 75 - LRB104 04688 AAS 14715 b licensure, documentary proof, good standing, corresponding categories, school and teacher transition, sponsor transition, shop transition, and administrative continuity, upon recommendation of the Board where required under this Act.

In administering this Act, the Department and the Board shall preserve the distinct professional identity of cirrology, prevent unnecessary barriers to entry, and avoid the historical misclassification of textured hair services within regulatory frameworks that do 10400HB0788ham001 -76- LRB104 04688 CCC 36859 a not reflect the actual scope, science, culture, or public health needs of textured hair practice.

HB0788 Engrossed - 76 - LRB104 04688 AAS 14715 b (1) 3 members who are licensed cirrologists or, during the transition period established under this Act, persons eligible for transitional licensure under this Act, each of whom has at least 5 years of active practice in textured hair services;

(5) one member who is a public member representing consumer interests and who is not licensed under this Act and has no financial interest in a school, shop, product 10400HB0788ham001 -77- LRB104 04688 CCC 36859 a manufacturer, distributor, testing vendor, or continuing education provider regulated under this Act;

HB0788 Engrossed - 77 - LRB104 04688 AAS 14715 b (e) Appointment considerations.

Nothing in this Section shall be construed to authorize the Board or the Department to define cirrology by reference 10400HB0788ham001 -78- LRB104 04688 CCC 36859 a to cosmetology, barbering, or any other profession regulated under another Act except where expressly provided by law.

Of the initial appointees, the Governor may designate staggered initial terms as necessary to establish term HB0788 Engrossed - 78 - LRB104 04688 AAS 14715 b rotation.

10400HB0788ham001 -79- LRB104 04688 CCC 36859 a (l) Powers and duties.

HB0788 Engrossed - 79 - LRB104 04688 AAS 14715 b (3) qualifications for licensure, registration, and approval under this Act;

(12) rules necessary to implement and enforce this 10400HB0788ham001 -80- LRB104 04688 CCC 36859 a Act;

HB0788 Engrossed - 80 - LRB104 04688 AAS 14715 b (1) adopting, amending, or repealing rules under this Act;

Each voting member of the Board shall receive a per diem stipend for attendance at duly called Board meetings, committee meetings, hearings, rulemaking sessions, and other authorized Board work performed 10400HB0788ham001 -81- LRB104 04688 CCC 36859 a under this Act.

Compensation and reimbursement under this subsection shall HB0788 Engrossed - 81 - LRB104 04688 AAS 14715 b be paid from fees collected under this Act or from the applicable professional regulation fund.

10400HB0788ham001 -82- LRB104 04688 CCC 36859 a (p) Good faith immunity.

The Department shall provide administrative support to the Board sufficient to carry out HB0788 Engrossed - 82 - LRB104 04688 AAS 14715 b its duties under this Act.

The Department may adopt rules necessary to implement this Section, including rules concerning appointments, procedures, meetings, compensation, records, conflict disclosures, and other matters necessary for administration of the Board, upon recommendation of the Board 10400HB0788ham001 -83- LRB104 04688 CCC 36859 a where required under this Act.

HB0788 Engrossed - 83 - LRB104 04688 AAS 14715 b (1) issue, renew, restore, convert, transition, deny, refuse to renew, place on probation, suspend, revoke, restrict, or otherwise discipline any license, registration, approval, or other credential authorized under this Act;

10400HB0788ham001 -84- LRB104 04688 CCC 36859 a (8) adopt rules necessary to implement and enforce this Act, subject to the requirements of this Act concerning Board recommendation;

HB0788 Engrossed - 84 - LRB104 04688 AAS 14715 b (c) Consultation with the Board.

(9) transition, grandfathering, temporary licensure, 10400HB0788ham001 -85- LRB104 04688 CCC 36859 a and conversion of prior credentials;

If the Department rejects or materially modifies a recommendation of the Board on a matter arising under this Act, the Department shall provide the Board with a HB0788 Engrossed - 85 - LRB104 04688 AAS 14715 b written explanation stating the reasons for the rejection or modification.

The Department may prescribe forms, 10400HB0788ham001 -86- LRB104 04688 CCC 36859 a notices, certificates, registrations, applications, renewal materials, and other documents necessary to administer this Act.

The Department may investigate any complaint or information suggesting a violation of this Act and may inspect any school, shop, approved sponsor, approved apprenticeship partner, approved HB0788 Engrossed - 86 - LRB104 04688 AAS 14715 b partner employer, or other regulated person or entity as authorized by this Act and applicable law.

The Department shall provide administrative, clerical, procedural, and record 10400HB0788ham001 -87- LRB104 04688 CCC 36859 a support reasonably necessary for the Board to carry out its duties under this Act.

HB0788 Engrossed - 87 - LRB104 04688 AAS 14715 b Section 18.

10400HB0788ham001 -88- LRB104 04688 CCC 36859 a (6) failure to maintain sanitary, safe, or lawful conditions required under this Act;

(8) failure to provide required supervision of a HB0788 Engrossed - 88 - LRB104 04688 AAS 14715 b student, apprentice, or trainee;

(13) exploitation, abuse, mistreatment, intimidation, harassment, or other improper conduct toward a client, 10400HB0788ham001 -89- LRB104 04688 CCC 36859 a student, apprentice, employee, or consumer;

(15) failure of a licensed cirrology school, approved continuing education sponsor, approved apprenticeship partner, approved partner employer, or registered cirrology shop to comply with standards established under HB0788 Engrossed - 89 - LRB104 04688 AAS 14715 b this Act;

The Department may inspect and audit any licensed cirrology school, registered cirrology 10400HB0788ham001 -90- LRB104 04688 CCC 36859 a shop, approved continuing education sponsor, approved apprenticeship partner, approved partner employer, or other regulated person or entity as authorized by this Act and applicable law to determine compliance with this Act.

HB0788 Engrossed - 90 - LRB104 04688 AAS 14715 b (1) denial of an application;

Proceedings under this Section shall be conducted in accordance with applicable Illinois 10400HB0788ham001 -91- LRB104 04688 CCC 36859 a administrative procedure and due process requirements.

HB0788 Engrossed - 91 - LRB104 04688 AAS 14715 b (g) Unlicensed practice.

A person or entity that falsely represents itself as licensed, registered, approved, 10400HB0788ham001 -92- LRB104 04688 CCC 36859 a certified, or otherwise authorized under this Act, or that uses a protected title in violation of this Act, is subject to enforcement under this Section.

HB0788 Engrossed - 92 - LRB104 04688 AAS 14715 b (j) Civil and administrative remedies cumulative.

On the effective date of this 10400HB0788ham001 -93- LRB104 04688 CCC 36859 a Act, the regulation of hair braiding and related nonchemical textured hair practices shall begin transfer from the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 to this Act.

The purpose of this Section is to repeal, replace, and transfer hair braiding and related textured hair licensure into the cirrology framework established under this Act while HB0788 Engrossed - 93 - LRB104 04688 AAS 14715 b preserving continuity of lawful practice, instruction, education, business operation, renewal, and public protection.

10400HB0788ham001 -94- LRB104 04688 CCC 36859 a (2) licensed cirrology teacher;

The Department may adopt rules or administrative HB0788 Engrossed - 94 - LRB104 04688 AAS 14715 b procedures necessary to determine the appropriate corresponding category for a prior credential, business, school, sponsor, approval, or instructional role.

10400HB0788ham001 -95- LRB104 04688 CCC 36859 a (g) Records, forms, orders, and proceedings.

All records, applications, notices, renewal materials, disciplinary records, administrative orders, pending matters, and other official documents relating to hair braiding under prior law shall continue in effect and may be used, recognized, transferred, or enforced under this Act to the extent consistent with this Act and necessary to preserve continuity HB0788 Engrossed - 95 - LRB104 04688 AAS 14715 b of administration and public protection.

The General Assembly intends that all corresponding references in Illinois statutes, administrative rules, forms, and official records be amended 10400HB0788ham001 -96- LRB104 04688 CCC 36859 a as necessary to reflect the transfer of hair braiding and related textured hair regulation into this Act.

(2) amendment of statutory references to hair braider HB0788 Engrossed - 96 - LRB104 04688 AAS 14715 b licensure so that such references correspond to the categories created under this Act;

This Section shall 10400HB0788ham001 -97- LRB104 04688 CCC 36859 a not be construed to eliminate, weaken, or interrupt any public health, sanitation, disciplinary, consumer protection, or enforcement authority necessary to protect the public during the transfer of regulation from prior law into this Act.

Nothing in this Section shall be construed to merge cirrology into cosmetology, barbering, or any other profession regulated HB0788 Engrossed - 97 - LRB104 04688 AAS 14715 b under another Act, or to subordinate the standards established under this Act to the prior regulatory treatment of hair braiding, except where expressly provided by law.

10400HB0788ham001 -98- LRB104 04688 CCC 36859 a (m) Construction.

The Department may adopt rules necessary to implement this Section, upon recommendation of HB0788 Engrossed - 98 - LRB104 04688 AAS 14715 b the Board where required under this Act.

8-1-25.) 10400HB0788ham001 -99- LRB104 04688 CCC 36859 a Section 902.

HB0788 Engrossed - 99 - LRB104 04688 AAS 14715 b (225 ILCS 410/1-1) (from Ch.

This Act shall be liberally construed 10400HB0788ham001 -100- LRB104 04688 CCC 36859 a to carry out these objects and purposes.

HB0788 Engrossed - 100 - LRB104 04688 AAS 14715 b "Address of record" means the designated address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.

10400HB0788ham001 -101- LRB104 04688 CCC 36859 a "Licensed esthetician" means an individual licensed by the Department to practice esthetics as defined in this Act and whose license is in good standing.

"Licensed barber teacher" means an individual licensed by HB0788 Engrossed - 101 - LRB104 04688 AAS 14715 b the Department to practice barbering as defined in this Act and to provide instruction in the theory and practice of barbering to students in a licensed barber school.

"Licensed esthetics teacher" means an individual licensed by the Department to practice esthetics as defined in this Act 10400HB0788ham001 -102- LRB104 04688 CCC 36859 a and to provide instruction in the theory and practice of esthetics to students in a licensed cosmetology or esthetics school.

"Licensed hair braiding teacher" means an individual HB0788 Engrossed - 102 - LRB104 04688 AAS 14715 b licensed by the Department to practice hair braiding and to provide instruction in the theory and practice of hair braiding to students in a licensed cosmetology or hair braiding school.

"Licensed school" means a postsecondary educational institution of cosmetology, barbering, esthetics, or nail technology, or hair braiding that is authorized by the 10400HB0788ham001 -103- LRB104 04688 CCC 36859 a Department to provide a postsecondary education program in compliance with the requirements of this Act.

"Enrollment agreement" or "student contract" is any agreement, instrument, or contract however named, which creates or evidences an obligation binding a student to HB0788 Engrossed - 103 - LRB104 04688 AAS 14715 b purchase a course of instruction from a school.

"Public member" does not include any person with a 10400HB0788ham001 -104- LRB104 04688 CCC 36859 a significant financial interest in salons, shops, schools, continuing education sponsors, or products relating to cosmetology, barbering, esthetics, or nail technology, or hair braiding.

"Threading" means any technique that results in the HB0788 Engrossed - 104 - LRB104 04688 AAS 14715 b removal of superfluous hair from the body by twisting thread around unwanted hair and then pulling it from the skin;

It is also unlawful for any person, firm, partnership, limited liability company, professional limited liability company, corporation, or professional service corporation to own, operate, or conduct a cosmetology, esthetics, nail technology, hair braiding, or barber school without a license issued by 10400HB0788ham001 -105- LRB104 04688 CCC 36859 a the Department or to own or operate a cosmetology, esthetics, or nail technology salon;

, or other business subject to the registration requirements of this Act without a certificate of registration issued by the Department or to present continuing education courses or programs to cosmetologists, estheticians, nail technicians, hair braiders, or teachers of these professions HB0788 Engrossed - 105 - LRB104 04688 AAS 14715 b without a license issued by the Department.

A 10400HB0788ham001 -106- LRB104 04688 CCC 36859 a person licensed as a cosmetology teacher may teach nail technology and hold oneself out as a nail technology teacher without being licensed as a nail technology teacher.

A person licensed as a cosmetology teacher may teach hair HB0788 Engrossed - 106 - LRB104 04688 AAS 14715 b braiding and hold oneself out as a hair braiding teacher without being licensed as a hair braiding teacher.

(c-5) A person with an active license as a cosmetologist 10400HB0788ham001 -107- LRB104 04688 CCC 36859 a may obtain or restore an additional license as an esthetician, or nail technician, or hair braider without having to complete the additional licensure requirements for each profession, other than payment of the fee, by filing an application provided by the Department for each additional license.

A person with an active license as a cosmetology teacher may obtain or restore an additional license as an esthetics HB0788 Engrossed - 107 - LRB104 04688 AAS 14715 b teacher, or nail technology teacher, or hair braider teacher without having to complete the additional licensure requirements for each profession, other than payment of the fee, by filing an application provided by the Department for each additional license.

10400HB0788ham001 -108- LRB104 04688 CCC 36859 a A person with an active license as a nail technology teacher may also obtain or restore a nail technician license without having to complete the additional licensure requirements, other than payment of the fee, by filing an application provided by the Department.

A person with an active license as a hair braiding teacher may also obtain or restore a hair braider license without having to complete the additional HB0788 Engrossed - 108 - LRB104 04688 AAS 14715 b licensure requirements, other than payment of the fee, filing an application provided by the Department.

(f) A license issued under the provisions of this Act as a barber, barber teacher, cosmetologist, cosmetology teacher, cosmetology clinic teacher, esthetician, esthetics teacher, nail technician, or nail technician teacher, hair braider, or hair braiding teacher that has expired while the holder of the license was engaged (1) in federal service on active duty with the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard of the United States of America, or any Women's Auxiliary thereof, or the State Militia called into the 10400HB0788ham001 -109- LRB104 04688 CCC 36859 a service or training of the United States of America or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may be reinstated or restored without payment of any lapsed renewal fees, reinstatement fee, or restoration fee if within 2 years after the termination of such service, training, or education other than by dishonorable discharge, the holder HB0788 Engrossed - 109 - LRB104 04688 AAS 14715 b furnishes the Department with an affidavit to the effect that the holder has been so engaged and that the holder's service, training, or education has been so terminated.

(b) The Department has the authority and power to 10400HB0788ham001 -110- LRB104 04688 CCC 36859 a investigate any and all unlicensed activity.

1-1-26.) HB0788 Engrossed - 110 - LRB104 04688 AAS 14715 b (225 ILCS 410/1-7.10) (Section scheduled to be repealed on January 1, 2031) Sec.

(b) Nothing in this Section shall be construed to create a cause of action or any civil liabilities or to require or permit a licensee or applicant under this Act to practice medicine or otherwise practice outside of the scope of practice of a licensed barber, cosmetologist, esthetician, 10400HB0788ham001 -111- LRB104 04688 CCC 36859 a hair braider, or nail technician.

Neither a person licensed under this Act who completes abnormal skin growth education nor the person's employer, shall be civilly or criminally liable for acting in good faith or failing to act on information obtained HB0788 Engrossed - 111 - LRB104 04688 AAS 14715 b during the course of practicing in the person's profession or employment concerning potential abnormal skin growths.

Every registered shop or salon shall display its 10400HB0788ham001 -112- LRB104 04688 CCC 36859 a certificate of registration in a prominent place at the location of the shop or salon where clients enter or wait to receive services and, in the same prominent location, every license holder shall also display a sign provided by the Department that includes information about this Act and rules, sanitary requirements, and contact information for the Department's complaint intake unit.

Each shop or salon where HB0788 Engrossed - 112 - LRB104 04688 AAS 14715 b barber, cosmetology, esthetics, hair braiding, or nail technology services are provided shall have a certificate of registration and shall display the Department's sign as required by this Section.

(b) Nothing in this Act shall be construed to apply to the activities and services of registered nurses or licensed 10400HB0788ham001 -113- LRB104 04688 CCC 36859 a practical nurses, as defined in the Nurse Practice Act, or to personal care or health care services provided by individuals in the performance of the individuals' 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 HB0788 Engrossed - 113 - LRB104 04688 AAS 14715 b 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 the person whether or not a guardian has been appointed for that individual.

(e) Nothing in this Act shall be construed to limit the ability of a licensed physician to practice medicine in all of 10400HB0788ham001 -114- LRB104 04688 CCC 36859 a its branches.

The Department may accept, HB0788 Engrossed - 114 - LRB104 04688 AAS 14715 b instead of the teacher training requirements set forth in subsection (d) of Sections 2-4, paragraph (4) of subsection (a) of Section 3-4, paragraph (4) of subsection (a) of Section 3A-3, paragraph (4) of subsection (a) of Section 3C-3, and Section 3E-3 of this Act, proof that the applicant has completed educational courses at a college or university that are similar to those included in the rules regarding teacher curriculum, including student teaching, or proof of a current professional educator license or career and technical educator license issued by the State Board of Education and proof of 2 years of experience as a teacher.

1-1-26.) 10400HB0788ham001 -115- LRB104 04688 CCC 36859 a (225 ILCS 410/Art.

1703B-1) HB0788 Engrossed - 115 - LRB104 04688 AAS 14715 b (Section scheduled to be repealed on January 1, 2031) Sec.

An applicant shall apply to the Department on forms 10400HB0788ham001 -116- LRB104 04688 CCC 36859 a provided by the Department, pay the required fees, and comply with the following requirements:

and HB0788 Engrossed - 116 - LRB104 04688 AAS 14715 b b.

10400HB0788ham001 -117- LRB104 04688 CCC 36859 a c.

A copy of the official enrollment agreement or HB0788 Engrossed - 117 - LRB104 04688 AAS 14715 b student contract to be used by the school, which shall be consistent with the requirements of this Act, rules, and other applicable laws;

10400HB0788ham001 -118- LRB104 04688 CCC 36859 a k.

To conduct the school in accordance with this HB0788 Engrossed - 118 - LRB104 04688 AAS 14715 b Act and the standards, and rules from time to time adopted under this Act and to meet standards and requirements at least as stringent as those required by Part H of the Federal Higher Education Act of 1965;.

If the course of instruction is offered in 10400HB0788ham001 -119- LRB104 04688 CCC 36859 a a language other than English, the screening shall also be performed in that language;

The applicant shall establish to the satisfaction of the Department that the owner possesses sufficient HB0788 Engrossed - 119 - LRB104 04688 AAS 14715 b liquid assets to meet the prospective expenses of the school for a period of 3 months.

revised 12-12-25.) 10400HB0788ham001 -120- LRB104 04688 CCC 36859 a (225 ILCS 410/3B-11) (Section scheduled to be repealed on January 1, 2031) Sec.

The review shall include HB0788 Engrossed - 120 - LRB104 04688 AAS 14715 b consideration of a comparison between the graduation or completion rate for the school and the graduation or completion rate for the schools within that classification of schools.

A school shall retain the records, as defined by rule, of a student who withdraws from or drops out of the school, by 10400HB0788ham001 -121- LRB104 04688 CCC 36859 a written notice of cancellation or otherwise, for 7 years from the student's first day of attendance.

1-1-26.) (225 ILCS 410/3B-12) HB0788 Engrossed - 121 - LRB104 04688 AAS 14715 b (Section scheduled to be repealed on January 1, 2031) Sec.

10400HB0788ham001 -122- LRB104 04688 CCC 36859 a (5) A clear and conspicuous statement that the contract is a legally binding instrument when signed by the student and accepted by the school;

(6) A clear and conspicuous caption in bold type that is at least 10 point, larger than the other text in the agreement, and in all capital letters that states "BUYER'S RIGHT TO CANCEL" under which it is explained that the HB0788 Engrossed - 122 - LRB104 04688 AAS 14715 b student has the right to cancel the initial enrollment agreement until midnight of the fifth business day after the student's enrollment date;

(11) A clear statement that the institution does not 10400HB0788ham001 -123- LRB104 04688 CCC 36859 a guarantee employment and a statement describing the school's placement assistance procedures;

"NOTICE TO THE STUDENT" HB0788 Engrossed - 123 - LRB104 04688 AAS 14715 b "Do not sign this contract before you read it or if it contains any blank space.

(b) If the enrollment is negotiated orally in a language other than English, then copies of the above disclosures shall be tendered in the language in which the contract was 10400HB0788ham001 -124- LRB104 04688 CCC 36859 a negotiated prior to executing the enrollment agreement.

HB0788 Engrossed - 124 - LRB104 04688 AAS 14715 b (e) Any provision in an enrollment agreement or student contract that purports to waive the student's right to assert against the school, or any assignee, any claim or defense the student may have against the school arising under the contract, including a claim or defense pursuant to Section 3B-6, shall be void.

(h) At any time upon the Department's request, a licensed school shall provide its current enrollment agreement to the Department for review and compliance with the requirements of 10400HB0788ham001 -125- LRB104 04688 CCC 36859 a this Act, any applicable rules, and other applicable laws.

HB0788 Engrossed - 125 - LRB104 04688 AAS 14715 b (Source:

(3) Violation of any commitment made in an application for a license, including failure to maintain standards 10400HB0788ham001 -126- LRB104 04688 CCC 36859 a that are the same as, or substantially equivalent to, those represented in the school's applications and advertising.

(4) Presenting to prospective students information relating to the school, or to employment opportunities or opportunities for enrollment in institutions of higher learning after entering into or completing courses offered HB0788 Engrossed - 126 - LRB104 04688 AAS 14715 b by the school, that is false, misleading, or fraudulent.

(10) Failure to correct any deficiency or act of noncompliance under this Act or the standards and rules established under this Act within reasonable time limits 10400HB0788ham001 -127- LRB104 04688 CCC 36859 a set by the Department.

(13) Failure to make appropriate refunds as required HB0788 Engrossed - 127 - LRB104 04688 AAS 14715 b by this Act.

(16) Failure to maintain a written record indicating the funds received per student and funds paid out per 10400HB0788ham001 -128- LRB104 04688 CCC 36859 a student.

HB0788 Engrossed - 128 - LRB104 04688 AAS 14715 b (18) Entering into enrollment agreements or contracts with students that are not in accordance with this Act and any applicable rules.

The Secretary may waive any requirement of this Act or of the rules enacted by the Department pursuant to this Act pertaining to the operation of a barber, cosmetology, esthetics, hair braiding, or nail technology school owned or operated by the Department of Corrections, Federal Bureau of Prisons, or a county jail or county department of corrections and located in a correctional facility to educate inmates that is inconsistent with the mission or operations of the Department of Corrections, Federal Bureau of Prisons, or a county jail or county department of corrections or is detrimental to the safety and security of any correctional facility or for any other reason 10400HB0788ham001 -129- LRB104 04688 CCC 36859 a related to the operation of the facility.

The Secretary may waive any requirement of this Act or of the rules enacted by the Department pursuant to this Act pertaining to the operation of a barber, cosmetology, esthetics, hair braiding, or nail technology school owned or operated by a public Secondary School including a high school, a School for a Designated Purpose, or an a Alternative High School under the HB0788 Engrossed - 129 - LRB104 04688 AAS 14715 b School Code, and located on the school's property to educate students that is inconsistent with the mission or operations of the public school or is detrimental to the safety and security of the school, or any other reason related to the operation of the school.

1-1-11.) (225 ILCS 410/3D-5) (Section scheduled to be repealed on January 1, 2031) 10400HB0788ham001 -130- LRB104 04688 CCC 36859 a Sec.

(a) No person, firm, partnership, limited liability company, professional limited liability company, corporation, or professional service corporation shall own or operate a cosmetology, esthetics, hair braiding, or nail technology HB0788 Engrossed - 130 - LRB104 04688 AAS 14715 b salon or barber shop or employ, rent space to, or independently contract with any licensee under this Act without applying on forms provided by the Department for a certificate of registration.

the name, address, and telephone number of the person, firm, partnership, limited liability company, professional limited 10400HB0788ham001 -131- LRB104 04688 CCC 36859 a liability company, corporation, or professional service corporation that is to own or operate the salon or shop;

and, if the salon or shop is to be owned or operated by an entity other than an individual, the name, address, and telephone number of the HB0788 Engrossed - 131 - LRB104 04688 AAS 14715 b managing partner or the chief executive officer of the corporation or other entity that owns or operates the salon or shop.

10400HB0788ham001 -132- LRB104 04688 CCC 36859 a (d) If a person, firm, partnership, limited liability company, professional limited liability company, corporation, or professional service corporation owns or operates more than one shop or salon, a separate certificate of registration must be obtained for each salon or shop.

(e) A certificate of registration granted under this Section may be revoked in accordance with the provisions of HB0788 Engrossed - 132 - LRB104 04688 AAS 14715 b Article IV and the holder of the certificate and any licensed managers may be otherwise disciplined by the Department in accordance with rules adopted under this Act.

Notwithstanding any provision of this Section, applicants for a certificate of registration under this subsection (g) shall report in its application the address and telephone number of its office and 10400HB0788ham001 -133- LRB104 04688 CCC 36859 a shall not be required to report the location where services are or will be rendered.

1-1-26.) (225 ILCS 410/4-1) HB0788 Engrossed - 133 - LRB104 04688 AAS 14715 b (Section scheduled to be repealed on January 1, 2031) Sec.

(i) The method of examination of candidates for licensure as a cosmetologist, esthetician, nail 10400HB0788ham001 -134- LRB104 04688 CCC 36859 a technician, hair braider, or barber or cosmetology, esthetics, nail technology, hair braiding, or barber teacher.

(iii) Minimum standards as to what constitutes an HB0788 Engrossed - 134 - LRB104 04688 AAS 14715 b approved continuing education sponsor for the professions under this Act.

(7) To prescribe reasonable rules for the method of registration, the issuance, fees, renewal and discipline 10400HB0788ham001 -135- LRB104 04688 CCC 36859 a of a certificate of registration for the ownership or operation of cosmetology, esthetics, hair braiding, and nail technology salons and barber shops.

1-1-26.) HB0788 Engrossed - 135 - LRB104 04688 AAS 14715 b (225 ILCS 410/4-2) (from Ch.

4 licensed cosmetologists or cosmetology teachers, all of whom hold a current license as a cosmetologist or cosmetology teacher and, for appointments made after the effective date of this amendatory Act of 1996, at least one of whom shall be an owner of or a major stockholder in a school of cosmetology, one of whom shall be a representative of either a franchiser or an owner operating salons in 2 or more locations within the 10400HB0788ham001 -136- LRB104 04688 CCC 36859 a State, and one of whom shall be an independent salon owner;

one of whom shall be a licensed barber, esthetician, or nail technician, or hair braider and an owner operating one HB0788 Engrossed - 136 - LRB104 04688 AAS 14715 b or more shops or salons registered under this Act;

No member shall serve on the 10400HB0788ham001 -137- LRB104 04688 CCC 36859 a Board for more than 2 full consecutive terms or for a term that would cause the member's continuous service on the Board to be longer than 10 years.

In the case of a Board member position that is vacated before the end HB0788 Engrossed - 137 - LRB104 04688 AAS 14715 b of the member's term, an individual may be appointed to serve the unexpired portion of that term, and appointments to fill vacancies shall be made in the same manner as original appointments.

The Secretary has the authority to remove any member of 10400HB0788ham001 -138- LRB104 04688 CCC 36859 a the Board for cause at any time.

HB0788 Engrossed - 138 - LRB104 04688 AAS 14715 b (Source:

(a) When reviewing a conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant, the 10400HB0788ham001 -139- LRB104 04688 CCC 36859 a Department may only deny a license based upon consideration of mitigating factors provided in subsection (c) of this Section for a felony directly related to the practice of cosmetology, esthetics, hair braiding, nail technology, and barbering.

(b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of cosmetology, esthetics, hair braiding, nail HB0788 Engrossed - 139 - LRB104 04688 AAS 14715 b technology, and barbering:

10400HB0788ham001 -140- LRB104 04688 CCC 36859 a (19) terrorism;

HB0788 Engrossed - 140 - LRB104 04688 AAS 14715 b (26) any felony based on consumer fraud or deceptive business practices under the Consumer Fraud and Deceptive Business Practices Act;

10400HB0788ham001 -141- LRB104 04688 CCC 36859 a (2) the time that has elapsed since the criminal conviction;

HB0788 Engrossed - 141 - LRB104 04688 AAS 14715 b (1) the number of initial applicants for a license under this Act within the preceding calendar year;

1-1-17.) 10400HB0788ham001 -142- LRB104 04688 CCC 36859 a (225 ILCS 410/4-7) (Section scheduled to be repealed on January 1, 2031) Sec.

(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 HB0788 Engrossed - 142 - LRB104 04688 AAS 14715 b Department may deem proper, including civil penalties not to exceed $500 for each violation, with regard to any license or registration for any one, or any combination, of the following causes:

Aiding or assisting another person in violating any 10400HB0788ham001 -143- LRB104 04688 CCC 36859 a provision of this Act or its rules.

HB0788 Engrossed - 143 - LRB104 04688 AAS 14715 b h.

10400HB0788ham001 -144- LRB104 04688 CCC 36859 a n.

Habitual or excessive use or addiction to alcohol, HB0788 Engrossed - 144 - LRB104 04688 AAS 14715 b narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety.

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 10400HB0788ham001 -145- LRB104 04688 CCC 36859 a has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.

HB0788 Engrossed - 145 - LRB104 04688 AAS 14715 b v.

10400HB0788ham001 -146- LRB104 04688 CCC 36859 a (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 HB0788 Engrossed - 146 - LRB104 04688 AAS 14715 b 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.

10400HB0788ham001 -147- LRB104 04688 CCC 36859 a (a) If any person, association, firm, partnership, limited liability company, professional limited liability company, corporation, or professional service corporation violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition, for an order enjoining such violation or for an order enforcing compliance with this HB0788 Engrossed - 147 - LRB104 04688 AAS 14715 b Act.

10400HB0788ham001 -148- LRB104 04688 CCC 36859 a (c) Whenever in the opinion of the Department any person, association, partnership, firm, limited liability company, professional limited liability company, corporation, professional service corporation, or other legal entity has violated any provision of Section 1-7 or 3D-5 of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person, firm, HB0788 Engrossed - 148 - LRB104 04688 AAS 14715 b corporation, or legal entity.

In the event that 10400HB0788ham001 -149- LRB104 04688 CCC 36859 a the Secretary suspends, temporarily, this license without a hearing, a hearing must be commenced within 30 days after such suspension has occurred.

1704-20) (Section scheduled to be repealed on January 1, 2031) HB0788 Engrossed - 149 - LRB104 04688 AAS 14715 b Sec.

(2) The obtaining of or an attempt to obtain a license or money or any other thing of value by fraudulent 10400HB0788ham001 -150- LRB104 04688 CCC 36859 a misrepresentation.

HB0788 Engrossed - 150 - LRB104 04688 AAS 14715 b (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.

(a) Conviction and disposition shall not entail the loss by the defendant of any civil rights, except under this 10400HB0788ham001 -151- LRB104 04688 CCC 36859 a Section and Sections 29-6 and 29-10 of The Election Code, as now or hereafter amended.

(b-5) Notwithstanding any other provision of law, a person convicted of a felony, bribery, perjury, or other infamous HB0788 Engrossed - 151 - LRB104 04688 AAS 14715 b crime for an offense committed on or after the effective date of this amendatory Act of the 103rd General Assembly and committed while he or she was serving as a public official in this State is ineligible to hold any local public office or any office created by the Constitution of this State unless the person's conviction is reversed, the person is again restored to such rights by the terms of a pardon for the offense, the person has received a restoration of rights by the Governor, or the person's rights are otherwise restored by law.

10400HB0788ham001 -152- LRB104 04688 CCC 36859 a This paragraph (d) shall not apply to the suspension or revocation of a license to operate a motor vehicle under the Illinois Vehicle Code.

(e) Upon a person's discharge from incarceration or parole, or upon a person's discharge from probation or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed HB0788 Engrossed - 152 - LRB104 04688 AAS 14715 b when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare.

(h) No application for any license specified in subsection (i) of this Section granted under the authority of this State shall be denied by reason of an eligible offender who has obtained a certificate of relief from disabilities, as defined in Article 5.5 of this Chapter, having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when the finding is based upon the fact that the applicant has previously been 10400HB0788ham001 -153- LRB104 04688 CCC 36859 a convicted of one or more criminal offenses, unless:

HB0788 Engrossed - 153 - LRB104 04688 AAS 14715 b In making such a determination, the licensing agency shall consider the following factors:

(7) any information produced by the person or produced on his or her behalf in regard to his or her rehabilitation 10400HB0788ham001 -154- LRB104 04688 CCC 36859 a and good conduct, including a certificate of relief from disabilities issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate;

HB0788 Engrossed - 154 - LRB104 04688 AAS 14715 b (i) A certificate of relief from disabilities shall be issued only for a license or certification issued under the following Acts:

10400HB0788ham001 -155- LRB104 04688 CCC 36859 a (7) the Illinois Farm Labor Contractor Certification Act;

HB0788 Engrossed - 155 - LRB104 04688 AAS 14715 b (12) the Private Employment Agency Act;

10400HB0788ham001 -156- LRB104 04688 CCC 36859 a (26) the Illinois Public Accounting Act;

HB0788 Engrossed - 156 - LRB104 04688 AAS 14715 b (775 ILCS 50/5) Sec.

10400HB0788ham001 -157- LRB104 04688 CCC 36859 a (5) Bus stations.

(7) Emergency rooms within general acute care hospitals, in which case the notice may be posted by HB0788 Engrossed - 157 - LRB104 04688 AAS 14715 b electronic means.

However, "farm labor contractor" does not include full-time regular employees of food processing companies when the employees 10400HB0788ham001 -158- LRB104 04688 CCC 36859 a are engaged in recruiting for the companies if those employees are not compensated according to the number of farmworkers they recruit.

As used in this Act, "massage establishment" means a place of business in which any method of massage therapy is administered or practiced HB0788 Engrossed - 158 - LRB104 04688 AAS 14715 b for compensation.

(c) The owner of a hotel or motel shall, upon the availability of the model notice described in Section 15 of this Act, post a notice that complies with the requirements of this Act in a conspicuous and accessible place in or about the 10400HB0788ham001 -159- LRB104 04688 CCC 36859 a premises in clear view of the employees where similar notices are customarily posted.

(d) The organizer of a public gathering or special event that is conducted on property open to the public and requires the issuance of a permit from the unit of local government shall post a notice that complies with the requirements of this Act in a conspicuous and accessible place in or about the HB0788 Engrossed - 159 - LRB104 04688 AAS 14715 b premises in clear view of the public and employees where similar notices are customarily posted.

5-13-22.) 10400HB0788ham001 -160- LRB104 04688 CCC 36859 a Section 915.

HB0788 Engrossed - 160 - LRB104 04688 AAS 14715 b (1) in any mechanic's garage, including garage pits, repairing cars, trucks, or other vehicles or using garage lifting racks;

10400HB0788ham001 -161- LRB104 04688 CCC 36859 a (9) in or about logging, sawmills or lath, shingle, or cooperage-stock mills;

HB0788 Engrossed - 161 - LRB104 04688 AAS 14715 b (13) in occupations involving exposure to lead or its compounds;

10400HB0788ham001 -162- LRB104 04688 CCC 36859 a (21) in any energy generation or transmission service;

(24) in operations which involve working on an HB0788 Engrossed - 162 - LRB104 04688 AAS 14715 b elevated surface, with or without use of equipment, including, but not limited to, ladders and scaffolds;

(2) any establishment subject to the Live Adult 10400HB0788ham001 -163- LRB104 04688 CCC 36859 a Entertainment Facility Surcharge Act;

Open and the Grand American World Trapshooting HB0788 Engrossed - 163 - LRB104 04688 AAS 14715 b Championship who is located, during those competitions, at least 15 feet behind the firing line of the trap shooters participating in the competitions;

(d) An employer may allow minors aged 14 and 15 to work in retail stores, except that an employer shall not allow minors to handle or be able to access any goods or products which are 10400HB0788ham001 -164- LRB104 04688 CCC 36859 a illegal for minors to purchase or possess.

(e) No person shall employ, allow, or permit an unlicensed minor to perform work in the practice of barber, cosmetology, esthetics, hair braiding, and nail technology services requiring a license under the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, except for students enrolled in a school and performing barber, HB0788 Engrossed - 164 - LRB104 04688 AAS 14715 b cosmetology, esthetics, hair braiding, and nail technology services in accordance with that Act and rules adopted under that Act.

This Act takes effect upon becoming law, except that Sections 900, 902, 903, 905, 910, and 915 take effect 18 months after becoming law.law.".