2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 410/ - Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. › Article I - General Provisions

(225 ILCS 410/Art. I heading)
ARTICLE I  
		GENERAL PROVISIONS
(225 ILCS 410/1-1) (from Ch. 111, par. 1701-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-1. Title of Act. This Act may be cited as the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/1-2) (from Ch. 111, par. 1701-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-2. Public policy. The practices of barbering, cosmetology, esthetics, hair braiding, and nail technology
in the State of Illinois are hereby declared to affect the public health,
safety and welfare and to be subject to regulation and control in the public
interest. It is further declared to be a matter of public interest
and concern that the professions merit and receive the confidence of
the public and that only qualified persons be permitted to practice
said professions in the State of Illinois. This Act shall be liberally
construed to carry out these objects and purposes.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/1-3) (from Ch. 111, par. 1701-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-3. 
		Exclusive State power. 
		It is declared to be the public policy
of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article
VII of the Illinois Constitution of l970, that any power or function set
forth in this Act to be exercised by the State is an exclusive State power
or function. Such power or function shall not be exercised concurrently,
either directly or indirectly, by any unit of local government, including
home rule units, except as otherwise provided in this Act.
(Source: P.A. 84-657.)
(225 ILCS 410/1-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-4. Definitions. In this Act the following words shall have the
following meanings:
"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.
"Board" means the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board.
"Department" means the Department of Financial and Professional Regulation.
"Licensed barber" means an individual licensed by the Department
to practice barbering as defined in this Act and whose
license is in good standing.
"Licensed cosmetologist" means an individual licensed by the
Department to practice cosmetology, nail technology, hair braiding, and esthetics as
defined in this Act and whose license is in good standing.
"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 nail technician" means an individual
licensed by
the Department to practice nail technology as defined in this Act and whose
license is in good standing.
"Licensed barber teacher" means an individual
licensed
by the Department to practice barbering as defined in this Act
and to provide instruction in the theory and practice of barbering to students in an approved barber school.
"Licensed cosmetology teacher" means an individual
licensed by the Department to practice cosmetology,
esthetics, hair braiding, and nail technology as defined in this Act
and to provide instruction in the theory and
practice of cosmetology, esthetics, hair braiding, and nail technology to
students in an approved cosmetology, esthetics, hair braiding, or nail technology school.
"Licensed cosmetology clinic teacher" means an individual licensed by the
Department to practice cosmetology, esthetics, hair braiding, and nail technology as defined
in this Act and to provide clinical instruction in the practice of cosmetology,
esthetics, hair braiding, and nail technology in an approved school of cosmetology, esthetics, hair braiding,
or nail technology.
"Licensed esthetics teacher" means an individual
licensed by
the Department to practice esthetics as defined in this Act and to provide
instruction in the theory and practice of esthetics
to students in an approved cosmetology or esthetics school.
"Licensed hair braider" means an individual licensed by the Department to practice hair braiding as defined in this Act and whose license is in good standing.
"Licensed hair braiding teacher" means an individual licensed by the Department to practice hair braiding and to provide instruction in the theory and practice of hair braiding to students in an approved cosmetology or hair braiding school.
"Licensed nail technology teacher" means an individual
licensed by the Department to practice nail technology and
to provide instruction in the theory and
practice of nail technology to students in an approved nail technology 
or cosmetology school.
"Enrollment" is the date upon which the student signs an
enrollment agreement or student contract.
"Enrollment agreement" or "student contract" is any agreement,
instrument, or contract however named, which creates or evidences an
obligation binding a student to purchase a course of instruction from a school.
"Enrollment time" means the maximum number of hours a student
could have attended class, whether or not the student did in fact attend
all those hours.
"Elapsed enrollment time" means the enrollment time elapsed between
the actual starting date and the date of the student's last day of physical
attendance in the school.
"Mobile shop or salon" means a self-contained facility that may be moved, towed, or transported from one location to another and in which barbering, cosmetology, esthetics, hair braiding, or nail technology is practiced.
"Secretary" means the Secretary of the Department of Financial and Professional Regulation.
"Threading" means any technique that results in the removal of superfluous hair from the body by twisting thread around unwanted hair and then pulling it from the skin; and may also include the incidental trimming of eyebrow hair.
(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
(225 ILCS 410/1-5) (from Ch. 111, par. 1701-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-5. 
		Severability. 
		If any provision of this Act or application
thereof to any person or circumstances is held invalid, such invalidity
does not affect other provisions or applications of this Act which can be
given effect without the invalid application or provision, and to
this end the provisions of this Act are declared to be severable.
(Source: P.A. 84-657.)
(225 ILCS 410/1-6) (from Ch. 111, par. 1701-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-6. Administrative Procedure Act. The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license is specifically excluded.  For the purpose of this Act the notice
required under Section 10-25 of the Administrative Procedure Act is deemed
sufficient when mailed to the address of record, or, if not an applicant or licensee, to the last known address of a party.
(Source: P.A. 99-427, eff. 8-21-15.)
(225 ILCS 410/1-6.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-6.5. Address of record. It is the duty of the applicant or licensee to inform the Department of any change of address within 14 days after such change either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 99-427, eff. 8-21-15.)
(225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-7. Licensure required; renewal; restoration.
(a) It is unlawful for any person to practice, or to hold himself or
herself out to be a cosmetologist, esthetician, nail technician, hair braider, or
barber without a license as a cosmetologist,
esthetician, nail technician, hair braider or barber issued by the Department pursuant to the provisions of this Act and of the
Civil Administrative Code of Illinois.  It is also unlawful for any person,
firm, partnership, limited liability company, or corporation to own, operate, or conduct a
cosmetology, esthetics, nail technology, hair braiding, or barber school
without a license
issued by the Department or to own or operate a cosmetology, esthetics, nail
technology, or hair braiding salon, barber shop, or other business subject to the registration requirements of this Act without a certificate of registration issued
by the Department.  It is further unlawful for any person to teach in any
cosmetology, esthetics, nail technology, hair braiding, or barber college or school
approved by the Department or hold himself or herself out as a cosmetology,
esthetics, hair braiding, nail technology, or barber teacher without a license as a teacher,
issued by the Department
or as a cosmetology clinic teacher without a license as a cosmetology clinic teacher issued
by the
Department.
(b) Notwithstanding any other provision of this Act, a person licensed as a
cosmetologist may hold himself or herself out as
an esthetician and may engage in the practice of esthetics, as defined in this
Act, without being licensed as an esthetician.  A person
licensed as a cosmetology teacher may
teach esthetics or hold himself or herself out as an esthetics  teacher without
being licensed as an esthetics teacher.  A person
licensed as a cosmetologist may hold himself or herself out
as a nail technician and may engage in the practice of nail technology, as
defined in this Act, without being licensed as a nail
technician.  A person licensed as a cosmetology teacher may
teach nail technology and hold himself or herself out as a nail technology
teacher without being licensed as a nail
technology teacher. A person licensed as a cosmetologist may hold himself or herself out as a hair braider and may engage in the practice of hair braiding, as defined in this Act, without being licensed as a hair braider.  A person licensed as a cosmetology teacher may teach hair braiding and hold himself or herself out as a hair braiding teacher without being licensed as a hair braiding teacher.
(c) A person licensed as a barber teacher may hold himself or herself out
as a barber and may practice barbering without a license as a barber.  A person
licensed as a cosmetology teacher may hold himself or herself out as a
cosmetologist, esthetician, hair braider, and nail technologist and may practice cosmetology,
esthetics, hair braiding, and nail technology without a license as a cosmetologist,
esthetician, hair braider, or nail technologist.  A person licensed as an esthetics teacher
may hold himself or herself out as an esthetician without being licensed as an
esthetician and may practice esthetics. A person licensed as a nail technician
teacher may practice nail technology and may hold himself or herself out as a
nail technologist without being licensed as a nail technologist. A person licensed as a hair braiding teacher may practice hair braiding and may hold himself or herself out as a hair braider without being licensed as a hair braider.
(d) The holder of a license issued under this Act may renew that license during the month preceding the expiration date of the license by paying the required fee.
(e)  The expiration date, renewal period, and conditions for renewal and restoration of each license shall be established by rule.
(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, 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, or Coast Guard of the United States of America, or any Women's Auxiliary thereof, or the State Militia called into the service or training of the United States of America or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may be reinstated or restored without payment of any lapsed renewal fees, reinstatement fee, or restoration fee if within 2 years after the termination of such service, training, or education other than by dishonorable discharge, the holder furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
(225 ILCS 410/1-7.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-7.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds himself or herself out to practice barbering, cosmetology, esthetics, hair braiding, or
nail technology without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense as determined by
the Department.  The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding disciplining a licensee.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/1-8) (from Ch. 111, par. 1701-8)
Sec. 1-8. 
		(Repealed).
(Source: P.A. 84-1117. Repealed by P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/1-9)
Sec. 1-9. (Repealed).
(Source: P.A. 89-387, eff. 1-1-96. Repealed by P.A. 99-427, eff. 8-21-15.)
(225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-10. Display. Every holder of a
license shall display it in a place in the
holder's principal office, place of business or place of employment.
Whenever a licensed cosmetologist, esthetician, nail
technician, hair braider, or barber practices cosmetology, esthetics, nail technology, hair braiding, or
barbering outside of or away from the cosmetologist's, esthetician's, nail
technician's, hair braider's, or barber's principal office, place of business, or place of
employment, the cosmetologist, esthetician, nail technician, hair braider, or barber shall
provide any person so requesting proof that he or she has a valid license issued by the Department.
Every registered shop shall display its certificate of registration at the
location of the shop.  Each shop where barber, cosmetology, esthetics, hair braiding, or nail
technology services are provided shall have a certificate of registration.
(Source: P.A. 99-427, eff. 8-21-15.)
(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.
(Source: P.A. 99-427, eff. 8-21-15.)
(225 ILCS 410/1-12)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-12. Licensure by endorsement. The Department may, without examination, grant a license under this Act to an applicant who is licensed or registered for or authorized to practice the same profession under the laws of another state or jurisdiction of the United States or of a foreign country upon filing of an application on forms provided by the Department, paying the required fee, and meeting such requirements as are established by rule. The Department may prescribe rules governing recognition of education and legal practice in another jurisdiction, requiring additional education, and determining when an examination may be required.
(Source: P.A. 99-427, eff. 8-21-15.)
(225 ILCS 410/1-13)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-13. Liability; domestic violence and sexual assault. A person licensed under this Act who completes domestic violence and sexual assault awareness education as a part of  his or her continuing education, or his or her employer, shall not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault.
(Source: P.A. 99-766, eff. 1-1-17.)