(225 ILCS 410/Art. IIIC heading)
ARTICLE IIIC.
NAIL TECHNICIANS
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(225 ILCS 410/3C-1) (from Ch. 111, par. 1703C-1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-1. Definitions. "Nail technician" means any person who for
compensation manicures, pedicures, or decorates nails, applies artificial applications
by hand or with mechanical or electrical
apparatus or appliances, or in any way beautifies the nails or the skin of the
hands or feet including massaging the hands, arms, elbows, feet, lower legs,
and
knees of another
person for other than the treatment of medical disorders.
However, nail technicians are prohibited from using techniques, products, and practices intended to affect the living layers of the skin. The
term nail technician includes rendering advice on what is cosmetically
appealing, but no person licensed under this Act shall render advice on what is
appropriate medical treatment for diseases of the nails or skin.
"Nail technician teacher" means an individual licensed by
the Department to provide instruction in the theory and practice of nail
technology to students in an approved nail technology school.
(Source: P.A. 98-911, eff. 1-1-15.)
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(225 ILCS 410/3C-2) (from Ch. 111, par. 1703C-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-2. License; qualifications. A
person is
qualified to receive a license as a nail
technician if that person applies in writing on forms provided by the
Department, pays the required fee, and:
(a) Is at least 16 years of age;
(b) Is beyond the age of compulsory school attendance
| | or has a certificate of graduation from a school providing secondary education or the recognized equivalent of that certificate;
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(c) Has graduated from a school of cosmetology or
| | school of nail technology approved by the Department, having completed a program of 350 hours in the study of nail technology extending over a period of not less than 8 weeks nor more than 2 consecutive years;
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(d) Has passed an examination authorized by the
| | Department to determine eligibility to receive a license as a nail technician; and
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(e) Has met any other requirements of this Act.
Time spent in the study of nail technology under the laws of another
state or territory of the United States, or of a foreign country or
province, shall be credited toward the period of study required by the
provisions of subsection (c).
(Source: P.A. 94-451, eff. 12-31-05.)
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(225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-3. Licensure as a nail technology teacher; qualifications.
(a) A person
is qualified to receive a license as a nail technology teacher if that person
has filed an application on forms provided by the Department, paid the required
fee, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a cosmetologist or nail
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(4) has either: (1) completed a program of 500 hours
| | of teacher training in a licensed school of nail technology or cosmetology, and had 2 years of practical experience as a nail technician; or (2) has completed a program of 625 hours of teacher training in a licensed school of cosmetology approved to teach nail technology or school of nail technology; and
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(5) who has passed an examination authorized by the
| | Department to determine eligibility to receive a license as a cosmetology or nail technology teacher.
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(b) An applicant who receives a license as a nail technology teacher
shall not be required to maintain a
license as a nail technician.
(Source: P.A. 98-911, eff. 1-1-15.)
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(225 ILCS 410/3C-4)
Sec. 3C-4. (Repealed).
(Source: P.A. 90-602, eff. 1-1-99. Repealed by P.A. 94-451, eff. 12-31-05.)
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(225 ILCS 410/3C-5)
Sec. 3C-5. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 94-451, eff. 12-31-05.)
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(225 ILCS 410/3C-6) (from Ch. 111, par. 1703C-6)
Sec. 3C-6.
(Repealed).
(Source: P.A. 87-786. Repealed by P.A. 89-387, eff. 1-1-96.)
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(225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-7. Examinations; failure or refusal to take examination. The
Department shall authorize examinations of applicants for licenses as nail
technicians and teachers of nail
technology at the times and places as it may determine.
The Department shall authorize not less than 4 examinations for
licenses as nail
technicians, and nail technology teachers in a calendar
year.
If an applicant neglects, fails without an approved excuse, or refuses to
take the next available examination offered for licensure
under this Act,
the fee paid by the applicant shall be forfeited to the Department and the
application denied. If an applicant fails to pass an examination for
licensure under this Act within 3 years after filing an
application,
the application shall be denied. Nevertheless, the applicant may thereafter
make a new application for examination, accompanied by the required fee,
if he or she meets the requirements in effect at the time of reapplication.
If an applicant for licensure as a nail
technician or nail technology teacher is
unsuccessful at 3 examinations conducted by the Department, the
applicant
shall, before taking a subsequent examination, furnish evidence of
successfully completing (i) for a nail technician, not less than 60 hours
of additional study of nail
technology in a licensed school of cosmetology approved
to
teach nail technology or nail
technology and (ii) for a nail technology teacher, not less than 80 hours of
additional study in teaching methodology and educational psychology in an
approved school of cosmetology or nail technology since
the applicant last took the examination.
An applicant who fails the fourth examination shall not
again be admitted to an examination unless: (i) in the case of an
applicant for a license as a nail technician, the applicant again takes
and completes a total of 350 hours in the study of nail technology in an
approved school of cosmetology or nail technology extending over a
period that commences after the applicant fails to pass the fourth examination
and that is not less than 8 weeks nor more than 2 consecutive years in
duration; or (ii) in the case of an applicant for licensure as a nail
technology teacher, the applicant again takes and completes a program of 625
hours of teacher training in a licensed school of cosmetology, or nail
technology, except that if the applicant had 2 years of practical experience as
a licensed nail technician within 5 years preceding the initial examination
taken by the applicant, the applicant must again take and complete a program
of 500
hours of teacher training in a licensed school of cosmetology approved to teach
nail technology, or a licensed school of nail technology.
Each applicant for licensure as a nail technician shall
be given a written examination
testing both theoretical and practical knowledge, which shall include, but
not be limited to, questions that determine the applicant's knowledge of
product chemistry, sanitary rules, sanitary procedures,
hazardous chemicals and exposure minimization, this
Act, and labor and compensation laws.
The examination for licensure as a nail technology teacher may
include knowledge of the subject matter, teaching methodology, classroom
management, record keeping, and any other subjects that the Department in its
discretion may deem necessary to insure competent performance.
This Act does not prohibit the practice of nail technology by a person
who has applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a nail
technician, or the teaching of nail technology by one who has applied in
writing to the Department, in form and substance satisfactory to the
Department, for a license as a nail technology teacher, if the person has
complied with all the provisions of this Act in order
to qualify for a license, except the passing of an
examination to be eligible to receive a license, until: (a)
the expiration of 6 months after the filing of the written application, or (b)
the decision of the Department that the applicant has failed to pass an
examination within 6 months or failed without an approved excuse to take an
examination conducted within 6 months by the Department, or (c) the
withdrawal of the application.
(Source: P.A. 98-911, eff. 1-1-15.)
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(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-8. License renewal; expiration; continuing education;
persons in military service. The holder of a license
issued under this Article may renew that license during the
month preceding the expiration date of the license by
paying the required fee and giving evidence, as the Department may prescribe,
of completing not
less than 10 hours of continuing education for a nail technician
and 20 hours of continuing education for a nail technology teacher, within
the 2 years prior
to renewal. The continuing education shall be in subjects approved by the
Department upon recommendation of the Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Board relating to the practice of nail technology,
including, but not limited to, review of sanitary procedures, review of
chemical service procedures, review of this Act, and review of the Workers'
Compensation Act. However, at least 10 of the hours of continuing education
required for a nail technology teacher
shall be in subjects relating to
teaching methodology, educational psychology, and classroom management or in
other subjects related to teaching.
A license that has been expired or placed on inactive status may
be restored only by payment of the restoration fee and submitting evidence
satisfactory to the Department of the meeting of current qualifications and
fitness of the licensee, including the completion of
continuing education hours for the period subsequent to
expiration.
A license issued under this Article that
has expired while the holder of the license
was engaged (1) in federal service on active duty with the Army of the United
States, the United States Navy, the Marine Corps, the Air Force, the Coast
Guard, 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
the payment of any lapsed renewal fees, reinstatement fee or restoration
fee if, within 2 years after the termination of the service, training, or
education other than by dishonorable discharge, the holder furnishes the
Department with an affidavit to the effect that the certificate holder has
been so engaged and that the service, training, or education has been so
terminated.
The Department, in its discretion, may waive enforcement of the continuing
education requirement in this Section, and shall adopt rules defining the
standards and criteria for such waiver, under the following circumstances:
(a) the licensee resides in a locality where it is demonstrated that the
absence of opportunities for such education would interfere with the ability of
the licensee to provide service to the public;
(b) the licensee's compliance with the continuing education requirements
would cause a substantial financial hardship on the licensee;
(c) the licensee is serving in the United States Armed Forces; or
(d) the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15.)
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(225 ILCS 410/3C-9) (from Ch. 111, par. 1703C-9)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-9. Nail technicians or nail technology teachers licensed elsewhere. Upon payment of the required fee, an applicant
who is a nail technician or nail technology teacher registered or licensed under the laws of another
state or territory of the United States or of a foreign country or province
may be granted a license as a nail technician or
nail technician teacher
by the Department in its discretion upon the following conditions:
(a) For a nail technologist registered or licensed elsewhere:
(1) the applicant is at least 16 years of age;
(1.5) the applicant has passed an examination
| | authorized by the Department to determine eligibility to receive a license as a nail technician; and
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(2) the requirements for the registration or
| | licensing of nail technicians in the particular state, territory, country or province were, at the date of licensure, substantially equivalent to the requirements then in force in this State. The Department shall prescribe reasonable rules and regulations governing the recognition of and the credit to be given to the study of nail technology under a cosmetologist or nail technician registered or licensed under the laws of another state or territory of the United States or a foreign country or province by an applicant for a license as a nail technician.
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(b) For a nail technology teacher
licensed or registered elsewhere:
(1) the applicant is at least 18 years of age;
(1.5) the applicant has passed an examination
| | authorized by the Department to determine eligibility to receive a license as a nail technology teacher; and
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(2) the requirements for the licensing of nail
| | technology teachers in the other jurisdiction were, at the date of licensure, substantially equivalent to the requirements then in force in this State; or the applicant has established proof of legal practice as a nail technology teacher in another jurisdiction for at least 3 years.
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The Department shall allow applicants who have been licensed to practice
nail technology in other states a credit of at least 75 hours for each
year of experience toward the education required under this Act.
(Source: P.A. 98-911, eff. 1-1-15.)
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