25 LC 55 0551
Senate Bill 275
By: Senators Anderson of the 43rd, Davenport of the 17th, Jones II of the 22nd, Jackson of
the 41st, Merritt of the 9th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to
1
barbers and cosmetologists, so as to remove the State Board of Cosmetology and Barbers2
from the jurisdiction of the Secretary of State; to make such board a division of the3
Department of Public Health; to provide for the independence of the board from the4
department; to provide for an executive director of the board; to provide for the duties of the5
executive director; to provide for meetings of the board; to provide for venue; to provide for6
point credit to veterans; to provide for additional powers and duties of the board; to provide7
for the payment of expenses of members of the board; to make conforming changes; to revise8
and provide for definitions; to provide for related matters; to repeal conflicting laws; and for9
other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to barbers and13
cosmetologists, is amended in Code Section 43-10-1, relating to definitions, by revising14
paragraph (9.1) and adding a new paragraph to read as follows:15
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"(8.1) 'Executive director' means the executive director appointed by the board pursuant16
to Code Section 43-10-2.1."17
"(9.1) 'License' means a certificate of registration or other document issued by the board18
or by the division executive director on behalf of the board pursuant to the provisions of19
this chapter permitting an individual to practice in an occupation or operate a school."20
SECTION 2.21
Said chapter is further amended in Code Section 43-10-2, relating to State Board of22
Cosmetology and Barbers and members, meetings, officers, and powers, by revising23
subsections (f) and (h) as follows:24
"(f) Board members shall be appointed by the Governor for a term of three years and until25
their successors are appointed and qualified. Vacancies shall be filled by the Governor for26
the unexpired portion of the term. The board may do all things necessary for carrying this27
chapter into effect and may, from time to time, promulgate necessary rules and regulations28
compatible with this chapter. The Governor may remove any board member for cause as29
provided in Code Section 43-1-17."30
"(h) The board shall adopt a seal to be used to authenticate all its official papers and acts31
and shall have power to subpoena witnesses, administer oaths, and hear and take testimony32
in any matter over which it may have jurisdiction Reserved."33
SECTION 3.34
Said chapter is further amended by adding two new Code sections to read as follows:35
"43-10-2.1.36
(a) On and after July 1, 2025, the board shall not be under the jurisdiction of the Secretary37
of State but shall be a division of the Department of Public Health; provided, however, that,38
except as otherwise specifically provided, the board shall be autonomous from the39
Department of Public Health and the commissioner of public health and shall exercise its40
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quasi-judicial, rule-making, licensing, or policy-making functions independently of such41
department and without approval or control of such department and prepare its budget and42
submit its budgetary requests, if any, through such department. Such transfer shall in no43
way affect any existing obligations, liabilities, or rights of the board, as such existed on44
June 30, 2025. The board shall have with respect to all matters within the jurisdiction of45
the board as provided under this chapter the powers, duties, and functions of professional46
licensing boards as provided in Chapter 1 of this title.47
(b) The board shall appoint and fix the compensation of an executive director of such48
board who shall serve at the pleasure of the board. The executive director shall have those49
duties and powers prescribed by the board and any power, duty, and functions granted to50
the division director with respect to professional licensing boards under Chapter 1 of this51
title but shall not be subject to any approval or other powers exercised by the Secretary of52
State.53
(c) Meetings and hearings of the board shall be held at the site of the office of the board54
or at such other site as may be specified by the chairperson of the board. A majority of the55
members of the board shall constitute a quorum for the transaction of business of the board.56
(d) The board, through the executive director, may hire investigators for the purpose of57
conducting investigations. Any person so employed, if certified by the Georgia Peace58
Officer Standards and Training Council under Chapter 8 of Title 35, the 'Georgia Peace59
Officer Standards and Training Act,' shall be considered to be a peace officer and shall60
have all powers, duties, and status of a peace officer of this state; provided, however, that61
such investigators shall only be authorized, upon written approval of the executive director,62
notwithstanding Code Sections 16-11-126 and 16-11-129, to carry firearms in the63
performance of their duties and exercise the powers of arrest in the performance of their64
duties.65
(e) The venue of any action involving members of the board shall be the county in which66
is found the primary office of the governmental entity of which the defendant is an officer.67
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The executive director of the board shall not be considered a member of the board in68
determining the venue of any such action and no court shall have jurisdiction of any such69
action solely by virtue of the executive director residing or maintaining a residence within70
its jurisdiction.71
(f) The board shall give point credit to veterans in the same manner as required under Code72
Sections 43-1-9 through 43-1-13.73
(g) Initial judicial review of a final decision of the board shall be held solely in the74
superior court of the county of domicile of the board.75
(h) The executive director shall prepare and maintain a roster containing the names and76
addresses of all persons holding a current license issued under this chapter. A copy of this77
roster shall be available to any person upon request at a fee prescribed by the executive78
director sufficient to cover the cost of printing and distribution.79
(i) The executive director, with the approval of the board, notwithstanding any other80
provisions of law to the contrary, shall enter into such contracts as are deemed necessary81
to carry out this chapter to provide for all services required of the board.82
43-10-2.2.83
In addition to all other powers of the board as provided in this chapter, the board shall have84
the following powers and duties:85
(1) To adopt, amend, and repeal rules and regulations to carry out the performance of its86
duties as set forth in this chapter;87
(2) To examine all applicants for licenses under this chapter and to issue licenses in88
accordance with this chapter;89
(3) To make all necessary bylaws and rules for the governance of the board and the90
performance of its duties;91
(4) To have and use a common seal bearing the name 'State Board of Cosmetology and92
Barbers' by which the board shall authenticate the acts of the board;93
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(5) To revoke, suspend, issue terms and conditions for, place on probation, limit the94
practice of, fine, require additional training for, or otherwise sanction licensees or others95
over whom the board has jurisdiction under this chapter;96
(6) To employ an executive director and such other staff as the board may deem97
necessary and appropriate to implement this chapter and provide support;98
(7) To keep a docket of public proceedings, actions, and filings;99
(8) To set its office hours;100
(9) To set and charge reasonable fees, including, but not limited to, an application fee,101
license fee, license renewal fee, or similar fee, that are sufficient to cover its costs of102
operations;103
(10) To initiate investigations for purposes of discovering violations of this chapter;104
(11) To administer oaths, subpoena witnesses and documentary evidence, and take105
testimony in all matters relating to its duties;106
(12) To conduct hearings, reviews, and other proceedings in accordance with Chapter107
13 of Title 50, the 'Georgia Administrative Procedure Act';108
(13) To conduct investigative interviews;109
(14) To issue cease and desist orders to stop unlicensed persons from engaging in110
activity requiring a license under this chapter;111
(15) To refer cases for criminal prosecution or injunctive relief to appropriate112
prosecuting attorneys or other law enforcement authorities of this state, another state, or113
the United States;114
(16) To release investigative or applicant files to another enforcement agency or lawful115
licensing authority in another state;116
(17) To sue and be sued in a court of competent jurisdiction;117
(18) To enter into contracts;118
(19) To accept donations, contributions, grants, or bequests of funds or property; and119
(20) To do all things necessary for carrying out the provisions of this chapter."120
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SECTION 4.
121
Said chapter is further amended by revising Code Section 43-10-3, relating to reimbursement122
of board members, as follows:123
"43-10-3.124
Each member of the board shall be reimbursed as provided for in subsection (f) of Code
125
Section 43-1-2 receive the expense allowance as provided by subsection (b) of Code126
Section 45-7-21 and the same mileage allowance for the use of a personal car as that127
received by other state officials and employees or a travel allowance of actual128
transportation costs if traveling by public carrier within this state. Each board member129
shall also be reimbursed for any conference or meeting registration fee incurred in the130
performance of his or her duties as a board member. For each day's service outside of this131
state as a board member, such member shall receive actual expenses as an expense132
allowance as well as the mileage allowance for the use of a personal car equal to that133
received by other state officials and employees or a travel allowance of actual134
transportation costs if traveling by public carrier or by rental motor vehicle. Expense135
vouchers submitted by board members are subject to approval of the chairperson of the136
board and the executive director. Out-of-state travel by board members must be approved137
by the chairperson of the board and the executive director."138
SECTION 5.139
Said chapter is further amended by revising Code Section 43-10-5, relating to records of140
board generally, as follows:141
"43-10-5.142
The division executive director shall keep a record of all proceedings of the board. Such143
records shall be prima-facie evidence of all matters required to be kept therein, and144
certified copies of the same or parts thereof shall be primary evidence of their contents. 145
All such copies, other documents, or certificates lawfully issued upon the authority of the146
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board shall, when authenticated under the seal of the board, be admitted in any
147
investigation in any court or elsewhere without further proof."148
SECTION 6.149
Said chapter is further amended by revising Code Section 43-10-7, relating to issuance of150
certificates of registration, as follows:151
"43-10-7.152
It shall be the duty of the board to issue through the division
executive director those153
certificates of registration for which provision is made in this chapter."154
SECTION 7.155
Said chapter is further amended in Code Section 43-10-8, relating to certificate of registration156
required, by revising subsection (h) as follows:157
"(h) It shall also be unlawful for any person or persons to operate a beauty shop, beauty158
salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school159
of nail care, or school of barbering without first having obtained a certificate of registration160
for such shop, salon, or school as provided in this chapter. Any beauty shop, beauty salon,161
barber shop, school of cosmetology, school of hair design, school of esthetics, school of162
nail care, or school of barbering shall register with the division executive director of the163
professional licensing boards prior to opening."164
SECTION 8.165
Said chapter is further amended in Code Section 43-10-9, relating to application for166
certificate of registration, by replacing "division director" with "executive director" each time167
such term occurs.168
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SECTION 9.
169
Said chapter is further amended in Code Section 43-10-10, relating to display of certificate170
of registration, renewal, reinstatement, continuing education requirements, and exemptions,171
by revising subsection (a) as follows:172
"(a) The holder of any certificate of registration issued under Code Section 43-10-9 shall173
display the same in a conspicuous place in his or her beauty shop, beauty salon, or barber174
shop. Certificates of registration issued under Code Section 43-10-9 shall be renewable for175
a period of up to four years as approved by the division
executive director. The holder176
shall pay to the division executive director a renewal fee in such amount as shall be set by177
the board by regulation. Upon failure to renew such certificate of registration, it shall stand178
automatically revoked. The holder shall be disqualified from practicing any occupation179
under this chapter until all fees to date of application for reinstatement shall be paid, an180
application for reinstatement shall be submitted along with a reinstatement fee in such181
amount as shall be set by the board by regulation, and documentation shall be submitted182
of completion of all required continuing education hours since the date the registration was183
automatically revoked. If the board is satisfied that the applicant for reinstatement meets184
all the qualifications set forth in this Code section and Code Section 43-10-9, the applicant185
shall be issued a new certificate of registration."186
SECTION 10.187
Said chapter is further amended by revising Code Section 43-10-11, relating to registration188
of shops, salons, and schools, as follows:189
"43-10-11.190
All beauty shops, beauty salons, barber shops, schools of cosmetology, schools of hair191
design, schools of esthetics, schools of nail care, and schools of barbering shall be192
registered with the division executive director by the owner or manager. Such registration193
shall be made by the filing of an application on forms furnished by the division executive194
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director; shall include the name and location of the shop, salon, or school, the name and
195
address of the owner, and the names and addresses of all instructors of the shop, salon, or196
school at the time of registration; and shall be accompanied by a registration fee in such197
amount as shall be set by the board by regulation. The board may require salon, shop, or198
school owners to complete a board approved course covering health, sanitation, and safety,199
or rules and regulations of the board and applicable laws, or a combination thereof prior200
to issuing a registration to the owner. The board is authorized and directed to issue a201
certificate of registration to each shop, salon, or school so registering and paying such fee,202
which certificate shall be displayed in a conspicuous place in the registered shop, salon, or203
school."204
SECTION 11.205
Said chapter is further amended in Code Section 43-10-12, relating to regulation and licenses206
for schools, teachers and instructors, registration of apprentices, and certification as teacher207
by Department of Education, by revising paragraph (3) of subsection (a) and paragraphs (1)208
and (7) of subsection (e) as follows:209
"(3) All master cosmetologists, hair designers, estheticians, nail care technicians, master210
barbers, and barbers II who take an apprentice pursuant to Code Section 43-10-14 shall211
file immediately with the board through the division
executive director the name and age212
of such apprentice; and the board shall cause such information to be entered on a register213
kept by the division executive director for that purpose."214
"(e)(1) All teachers or instructors shall devote their entire time to instruction of students. 215
Any individual desiring to teach or instruct in any school of cosmetology, school of216
esthetics, school of hair design, school of nail care, or school of barbering shall first file217
his or her application with the division executive director for a license, shall pay a fee in218
such amount as shall be set by the board by rules and regulations, and shall successfully219
pass both a written and a practical examination to become an instructor."220
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"(7) Any teacher or instructor shall renew his or her certificate of registration to teach in
221
accordance with the rules and regulations of the division director
board governing222
expiration dates of certificates of registration by remitting with his or her application a223
renewal fee in such amount as shall be set by the board by regulation; provided, however,224
that any teacher or instructor who fails to renew his or her certificate of registration to225
practice as a cosmetologist, esthetician, or nail technician on or before the date226
established by the board by regulation shall automatically have his or her certificate of227
registration to teach or instruct suspended. A person failing to renew his or her certificate228
of registration of a teacher or instructor at the end of the late renewal period following the229
expiration date shall be required to pay a reinstatement fee."230
SECTION 12.231
Said chapter is further amended in Code Section 43-10-14, relating to study by individuals232
16 years of age and older, registration of apprentices, registration certificate, and waiver of233
education requirements, by revising subsection (b) as follows:234
"(b) Every beauty shop, beauty salon, and barber shop owner shall have the responsibility235
for registering apprentices with the division executive director. The shop of salon owner236
shall file a statement in writing, showing the apprentice's name and the address of the shop. 237
The board shall have the authority to require the shop or salon owner or master238
cosmetologist, hair designer, esthetician, nail technician, or master barber who is239
supervising the apprentice to furnish to the board the number of hours completed by the240
apprentice. The shop or salon owner shall remit to the division executive director a fee in241
such amount as shall be set by the board by regulation for the registration of the apprentice. 242
The apprentice shall receive a certificate of registration showing the capacity in which he243
or she is permitted to practice barbering or the occupation of a cosmetologist. The244
certificate of registration shall be effective for a period of four years. A certificate of245
registration authorizing a person to learn barbering or the occupation of a cosmetologist246
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under a cosmetologist, master cosmetologist, hair designer, esthetician, nail technician, or
247
master barber shall not be renewed; and, upon the expiration of certificate of registration248
issued, such person shall not be permitted to practice in any capacity."249
SECTION 13.250
All laws and parts of laws in conflict with this Act are repealed.251
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