(225 ILCS 410/4‑1)
(from Ch. 111, par. 1704‑1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4‑1.
Powers and duties of Department.
The Department shall exercise, subject to the provisions of this Act, the following functions, powers and duties:
(1) To cause to be conducted examinations to
| ascertain the qualifications and fitness of applicants for licensure as cosmetologists, estheticians, nail technicians, or barbers and as cosmetology, esthetics, nail technology, or barbering teachers. | |
(2) To determine the qualifications for licensure as |
| a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barber teacher or cosmetology, esthetics, or nail technology clinic teachers for persons currently licensed as cosmetologists, estheticians, nail technicians, or barbers or cosmetology, esthetics, nail technology, or barber teachers or cosmetology, esthetics, or nail technology clinic teachers outside the State of Illinois or the continental U.S. | |
(3) To prescribe rules for:
(i) The method of examination of candidates for |
| licensure as a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barbering teacher. | |
(ii) Minimum standards as to what constitutes an |
| approved school of cosmetology, esthetics, nail technology, or barbering. | |
(4) To conduct investigations or hearings on |
| proceedings to determine disciplinary action. | |
(5) To prescribe reasonable rules governing the |
| sanitary regulation and inspection of cosmetology, esthetics, nail technology, or barbering schools, salons, or shops. | |
(6) To prescribe reasonable rules for the method of |
| renewal for each license as a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barbering teacher or cosmetology, esthetics, or nail technology clinic teacher. | |
(7) To prescribe reasonable rules for the method of |
| registration, the issuance, fees, renewal and discipline of a certificate of registration for the ownership or operation of cosmetology, esthetics, and nail technology salons and barber shops. | |
(Source: P.A. 94‑451, eff. 12‑31‑05.) |
(225 ILCS 410/4‑7)
(from Ch. 111, par. 1704‑7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4‑7.
Refusal, suspension and revocation of licenses; causes; disciplinary action.
(1) The Department may refuse to issue or renew, and may suspend, revoke, place on probation, reprimand or take any other disciplinary action as the Department may deem proper, including civil penalties not to exceed $500 for each violation, with regard to any license for any one, or any combination, of the following causes:
a. Conviction of any crime under the laws of the
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| United States or any state or territory thereof that is (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) a crime which is related to the practice of the profession. |
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b. Conviction of any of the violations listed in |
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c. Material misstatement in furnishing information to |
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d. Making any misrepresentation for the purpose of |
| obtaining a license or violating any provision of this Act or its rules. |
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e. Aiding or assisting another person in violating |
| any provision of this Act or its rules. |
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f. Failing, within 60 days, to provide information in |
| response to a written request made by the Department. |
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g. Discipline by another state, territory, or country |
| if at least one of the grounds for the discipline is the same as or substantially equivalent to those set forth in this Act. |
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h. Practice in the barber, nail technology, |
| esthetics, hair braiding, or cosmetology profession, or an attempt to practice in those professions, by fraudulent misrepresentation. |
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i. Gross malpractice or gross incompetency.
j. Continued practice by a person knowingly having an |
| infectious or contagious disease. |
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k. Solicitation of professional services by using |
| false or misleading advertising. |
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l. A finding by the Department that the licensee, |
| after having his or her license placed on probationary status, has violated the terms of probation. |
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m. Directly or indirectly giving to or receiving from |
| any person, firm, corporation, partnership or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered. |
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n. Violating any of the provisions of this Act or |
| rules adopted pursuant to this Act. |
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o. Willfully making or filing false records or |
| reports relating to a licensee's practice, including but not limited to, false records filed with State agencies or departments. |
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p. Habitual or excessive use addiction to alcohol, |
| narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill or safety. |
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q. Engaging in dishonorable, unethical or |
| unprofessional conduct of a character likely to deceive, defraud, or harm the public as may be defined by rules of the Department, or violating the rules of professional conduct which may be adopted by the Department. |
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r. Permitting any person to use for any unlawful or |
| fraudulent purpose one's diploma or license or certificate of registration as a cosmetologist, nail technician, esthetician, hair braider, or barber or cosmetology, nail technology, esthetics, hair braiding, or barber teacher or salon or shop or cosmetology, esthetics, hair braiding, or nail technology clinic teacher. |
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s. Being named as a perpetrator in an indicated |
| report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act. |
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(2) In rendering an order, the Secretary shall take into consideration the facts and circumstances involving the type of acts or omissions in paragraph (1) of this Section including, but not limited to:
(a) the extent to which public confidence in the |
| cosmetology, nail technology, esthetics, hair braiding, or barbering profession was, might have been, or may be, injured; |
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(b) the degree of trust and dependence among the |
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(c) the character and degree of harm which did result |
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(d) the intent or mental state of the licensee at the |
| time of the acts or omissions. |
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(3) The Department shall reissue the license or registration upon certification by the Committee 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 may refuse to issue or may suspend the license or certificate of registration of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
(5) The Department shall deny without hearing any application for a license or renewal of a license under this Act by a person who has defaulted on an educational loan guaranteed by the Illinois Student Assistance Commission; however, the Department may issue or renew a license if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission.
(Source: P.A. 96‑1246, eff. 1‑1‑11.) |