--- title: SB 275. Barbers and Cosmetologists; State Board of Cosmetology and Barbers from the jurisdiction of the Secretary of State; remove collection: bills id: 2025-2026/sb275 cite_as: SB 275, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb275 md_url: https://georgiacommons.org/bills/2025-2026/sb275.md text_url: https://georgiacommons.org/bills/2025-2026/sb275/text source_url: https://www.legis.ga.gov/legislation/70918 date: 2025-02-27 status: introduced corpus_version: bills-2026-09-13 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb274.md next: https://georgiacommons.org/bills/2025-2026/sb276.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 95 omitted_url: https://georgiacommons.org/bills/2025-2026/sb275.md?full=1 bill_number: SB 275 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2025-02-26 last_action: Senate Read and Referred sponsors: - Tonya Anderson - Gail Davenport - Harold Jones - Kim Jackson - Nikki Merritt - Kenya Wicks - Sally Harrell - RaShaun Kemp - Elena Parent - Donzella James - Jason Esteves - Michael Rhett - Nan Orrock - Freddie Sims - Emanuel Jones text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/SB275/2025 upstream_id: 1986170 summaries_model: claude-sonnet-5 topic_tags: - barbers and cosmetology licensing - state agency reorganization - professional licensing boards - Department of Public Health - Secretary of State oversight --- # SB 275. Barbers and Cosmetologists; State Board of Cosmetology and Barbers from the jurisdiction of the Secretary of State; remove ## Text 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 barbers and cosmetologists, so as to remove the State Board of Cosmetology and Barbers from the jurisdiction of the Secretary of State; to make such board a division of the Department of Public Health; to provide for the independence of the board from the department; to provide for an executive director of the board; to provide for the duties of the executive director; to provide for meetings of the board; to provide for venue; to provide for point credit to veterans; to provide for additional powers and duties of the board; to provide for the payment of expenses of members of the board; to make conforming changes; to revise and provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to barbers and cosmetologists, is amended in Code Section 43-10-1, relating to definitions, by revising paragraph (9.1) and adding a new paragraph to read as follows: "(8.1) 'Executive director' means the executive director appointed by the board pursuant to Code Section 43-10-2.1." "(9.1) 'License' means a certificate of registration or other document issued by the board or by the division executive director on behalf of the board pursuant to the provisions of this chapter permitting an individual to practice in an occupation or operate a school." SECTION 2. Said chapter is further amended in Code Section 43-10-2, relating to State Board of Cosmetology and Barbers and members, meetings, officers, and powers, by revising subsections (f) and (h) as follows: "(f) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17." "(h) The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction Reserved." SECTION 3. Said chapter is further amended by adding two new Code sections to read as follows: "43-10-2.1. (a) On and after July 1, 2025, the board shall not be under the jurisdiction of the Secretary of State but shall be a division of the Department of Public Health; provided, however, that, except as otherwise specifically provided, the board shall be autonomous from the Department of Public Health and the commissioner of public health and shall exercise its quasi-judicial, rule-making, licensing, or policy-making functions independently of such department and without approval or control of such department and prepare its budget and submit its budgetary requests, if any, through such department. Such transfer shall in no way affect any existing obligations, liabilities, or rights of the board, as such existed on June 30, 2025. The board shall have with respect to all matters within the jurisdiction of the board as provided under this chapter the powers, duties, and functions of professional licensing boards as provided in Chapter 1 of this title. (b) The board shall appoint and fix the compensation of an executive director of such board who shall serve at the pleasure of the board. The executive director shall have those duties and powers prescribed by the board and any power, duty, and functions granted to the division director with respect to professional licensing boards under Chapter 1 of this title but shall not be subject to any approval or other powers exercised by the Secretary of State. (c) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the chairperson of the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board. (d) The board, through the executive director, may hire investigators for the purpose of conducting investigations. Any person so employed, if certified by the Georgia Peace Officer Standards and Training Council under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall be considered to be a peace officer and shall have all powers, duties, and status of a peace officer of this state; provided, however, that such investigators shall only be authorized, upon written approval of the executive director, notwithstanding Code Sections 16-11-126 and 16-11-129, to carry firearms in the performance of their duties and exercise the powers of arrest in the performance of their duties. (e) The venue of any action involving members of the board shall be the county in which is found the primary office of the governmental entity of which the defendant is an officer. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction. (f) The board shall give point credit to veterans in the same manner as required under Code Sections 43-1-9 through 43-1-13. (g) Initial judicial review of a final decision of the board shall be held solely in the superior court of the county of domicile of the board. (h) The executive director shall prepare and maintain a roster containing the names and addresses of all persons holding a current license issued under this chapter. A copy of this roster shall be available to any person upon request at a fee prescribed by the executive director sufficient to cover the cost of printing and distribution. (i) The executive director, with the approval of the board, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required of the board. 43-10-2.2. In addition to all other powers of the board as provided in this chapter, the board shall have the following powers and duties: (1) To adopt, amend, and repeal rules and regulations to carry out the performance of its duties as set forth in this chapter; (2) To examine all applicants for licenses under this chapter and to issue licenses in accordance with this chapter; (3) To make all necessary bylaws and rules for the governance of the board and the performance of its duties; (4) To have and use a common seal bearing the name 'State Board of Cosmetology and Barbers' by which the board shall authenticate the acts of the board; (5) To revoke, suspend, issue terms and conditions for, place on probation, limit the practice of, fine, require additional training for, or otherwise sanction licensees or others over whom the board has jurisdiction under this chapter; (6) To employ an executive director and such other staff as the board may deem necessary and appropriate to implement this chapter and provide support; (7) To keep a docket of public proceedings, actions, and filings; (8) To set its office hours; (9) To set and charge reasonable fees, including, but not limited to, an application fee, license fee, license renewal fee, or similar fee, that are sufficient to cover its costs of operations; (10) To initiate investigations for purposes of discovering violations of this chapter; (11) To administer oaths, subpoena witnesses and documentary evidence, and take testimony in all matters relating to its duties; (12) To conduct hearings, reviews, and other proceedings in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (13) To conduct investigative interviews; (14) To issue cease and desist orders to stop unlicensed persons from engaging in activity requiring a license under this chapter; (15) To refer cases for criminal prosecution or injunctive relief to appropriate prosecuting attorneys or other law enforcement authorities of this state, another state, or the United States; (16) To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state; (17) To sue and be sued in a court of competent jurisdiction; (18) To enter into contracts; (19) To accept donations, contributions, grants, or bequests of funds or property; and (20) To do all things necessary for carrying out the provisions of this chapter." SECTION 4. Said chapter is further amended by revising Code Section 43-10-3, relating to reimbursement of board members, as follows: "43-10-3. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2 receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier within this state. Each board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of this state as a board member, such member shall receive actual expenses as an expense allowance as well as the mileage allowance for the use of a personal car equal to that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by board members are subject to approval of the chairperson of the board and the executive director. Out-of-state travel by board members must be approved by the chairperson of the board and the executive director." SECTION 5. Said chapter is further amended by revising Code Section 43-10-5, relating to records of board generally, as follows: "43-10-5. The division executive director shall keep a record of all proceedings of the board. Such records shall be prima-facie evidence of all matters required to be kept therein, and certified copies of the same or parts thereof shall be primary evidence of their contents. All such copies, other documents, or certificates lawfully issued upon the authority of the board shall, when authenticated under the seal of the board, be admitted in any investigation in any court or elsewhere without further proof." SECTION 6. Said chapter is further amended by revising Code Section 43-10-7, relating to issuance of certificates of registration, as follows: "43-10-7. It shall be the duty of the board to issue through the division executive director those certificates of registration for which provision is made in this chapter." SECTION 7. Said chapter is further amended in Code Section 43-10-8, relating to certificate of registration required, by revising subsection (h) as follows: "(h) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering shall register with the division executive director of the professional licensing boards prior to opening." SECTION 8. Said chapter is further amended in Code Section 43-10-9, relating to application for certificate of registration, by replacing "division director" with "executive director" each time such term occurs. SECTION 9. Said chapter is further amended in Code Section 43-10-10, relating to display of certificate of registration, renewal, reinstatement, continuing education requirements, and exemptions, by revising subsection (a) as follows: "(a) The holder of any certificate of registration issued under Code Section 43-10-9 shall display the same in a conspicuous place in his or her beauty shop, beauty salon, or barber shop. Certificates of registration issued under Code Section 43-10-9 shall be renewable for a period of up to four years as approved by the division executive director. The holder shall pay to the division executive director a renewal fee in such amount as shall be set by the board by regulation. Upon failure to renew such certificate of registration, it shall stand automatically revoked. The holder shall be disqualified from practicing any occupation under this chapter until all fees to date of application for reinstatement shall be paid, an application for reinstatement shall be submitted along with a reinstatement fee in such amount as shall be set by the board by regulation, and documentation shall be submitted of completion of all required continuing education hours since the date the registration was automatically revoked. If the board is satisfied that the applicant for reinstatement meets all the qualifications set forth in this Code section and Code Section 43-10-9, the applicant shall be issued a new certificate of registration." SECTION 10. Said chapter is further amended by revising Code Section 43-10-11, relating to registration of shops, salons, and schools, as follows: "43-10-11. All beauty shops, beauty salons, barber shops, schools of cosmetology, schools of hair design, schools of esthetics, schools of nail care, and schools of barbering shall be registered with the division executive director by the owner or manager. Such registration shall be made by the filing of an application on forms furnished by the division executive director; shall include the name and location of the shop, salon, or school, the name and address of the owner, and the names and addresses of all instructors of the shop, salon, or school at the time of registration; and shall be accompanied by a registration fee in such amount as shall be set by the board by regulation. The board may require salon, shop, or school owners to complete a board approved course covering health, sanitation, and safety, or rules and regulations of the board and applicable laws, or a combination thereof prior to issuing a registration to the owner. The board is authorized and directed to issue a certificate of registration to each shop, salon, or school so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, or school." SECTION 11. Said chapter is further amended in Code Section 43-10-12, relating to regulation and licenses for schools, teachers and instructors, registration of apprentices, and certification as teacher by Department of Education, by revising paragraph (3) of subsection (a) and paragraphs (1) and (7) of subsection (e) as follows: "(3) All master cosmetologists, hair designers, estheticians, nail care technicians, master barbers, and barbers II who take an apprentice pursuant to Code Section 43-10-14 shall file immediately with the board through the division executive director the name and age of such apprentice; and the board shall cause such information to be entered on a register kept by the division executive director for that purpose." "(e)(1) All teachers or instructors shall devote their entire time to instruction of students. Any individual desiring to teach or instruct in any school of cosmetology, school of esthetics, school of hair design, school of nail care, or school of barbering shall first file his or her application with the division executive director for a license, shall pay a fee in such amount as shall be set by the board by rules and regulations, and shall successfully pass both a written and a practical examination to become an instructor." "(7) Any teacher or instructor shall renew his or her certificate of registration to teach in accordance with the rules and regulations of the division director board governing expiration dates of certificates of registration by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, that any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist, esthetician, or nail technician on or before the date established by the board by regulation shall automatically have his or her certificate of registration to teach or instruct suspended. A person failing to renew his or her certificate of registration of a teacher or instructor at the end of the late renewal period following the expiration date shall be required to pay a reinstatement fee." SECTION 12. Said chapter is further amended in Code Section 43-10-14, relating to study by individuals 16 years of age and older, registration of apprentices, registration certificate, and waiver of education requirements, by revising subsection (b) as follows: "(b) Every beauty shop, beauty salon, and barber shop owner shall have the responsibility for registering apprentices with the division executive director. The shop of salon owner shall file a statement in writing, showing the apprentice's name and the address of the shop. The board shall have the authority to require the shop or salon owner or master cosmetologist, hair designer, esthetician, nail technician, or master barber who is supervising the apprentice to furnish to the board the number of hours completed by the apprentice. The shop or salon owner shall remit to the division executive director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice barbering or the occupation of a cosmetologist. The certificate of registration shall be effective for a period of four years. A certificate of registration authorizing a person to learn barbering or the occupation of a cosmetologist under a cosmetologist, master cosmetologist, hair designer, esthetician, nail technician, or master barber shall not be renewed; and, upon the expiration of certificate of registration issued, such person shall not be permitted to practice in any capacity." SECTION 13. All laws and parts of laws in conflict with this Act are repealed. ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. Senate Bill 275 would move the State Board of Cosmetology and Barbers out from under the Secretary of State and place it inside the Department of Public Health, while keeping it largely self-governing with its own executive director. ### Plain-language summary Currently, Georgia's State Board of Cosmetology and Barbers operates under the Secretary of State, which licenses barbers, cosmetologists, and related shops and schools. This bill moves the board into the Department of Public Health starting July 1, 2025, but keeps it independent from that department's control over its licensing, rule-making, and policy decisions. It replaces the old system, where a 'division director' under the Secretary of State handled administrative tasks, with a new board-appointed executive director who takes over those duties, including issuing licenses, keeping records, hiring investigators, and setting fees. The bill also spells out new board powers such as issuing cease and desist orders, referring cases for prosecution, entering contracts, and accepting donations. It sets rules for board member reimbursement, meeting venue, veteran licensing point credit, and judicial review of board decisions. Throughout the chapter, references to the old 'division director' are replaced with 'executive director.' ### What it does - Removes the State Board of Cosmetology and Barbers from the Secretary of State's jurisdiction and makes it a division of the Department of Public Health, effective July 1, 2025. - Keeps the board independent from the Department of Public Health for its licensing, rule-making, and policy decisions, while routing its budget requests through that department. - Creates a new position of executive director, appointed and paid by the board, who takes over administrative duties previously held by the 'division director.' - Grants the board expanded powers, including issuing cease and desist orders, subpoenaing witnesses, hiring investigators who can carry firearms and make arrests, and entering contracts. - Sets new rules for board member travel reimbursement, meeting locations, veteran licensing point credit, and where legal challenges to board decisions must be filed. - Replaces references to 'division director' with 'executive director' throughout the licensing, registration, and renewal provisions for cosmetologists, barbers, shops, and schools. ### Who it affects Licensed barbers, cosmetologists, estheticians, nail technicians, and their apprentices; owners of beauty shops, salons, and barber schools; board members and staff; and state agencies including the Secretary of State's office and the Department of Public Health, which would gain administrative oversight of the board. ### Why it matters Licensees and shop owners would deal with a new executive director and a board housed in a different state agency, though day-to-day licensing, renewal, and fee processes would largely continue under the same rules. The board would also gain broader enforcement tools, including armed investigators and cease and desist authority. ### Key provisions - Section 1 adds a definition for 'executive director' and updates the definition of 'license' to reflect that the executive director, not a division director, issues licenses. - Section 3 adds Code Section 43-10-2.1, moving the board to the Department of Public Health on July 1, 2025, while preserving its independence over licensing and policy decisions. - Section 3 also adds Code Section 43-10-2.2, granting the board powers such as setting fees, issuing cease and desist orders, subpoenaing witnesses, and referring cases for criminal prosecution. - Section 3(d) authorizes the board to hire investigators who, if certified as peace officers, may carry firearms and make arrests while performing their duties. - Section 3(e) and (g) set venue rules, specifying that legal actions against board members and judicial review of board decisions occur in the county where the board is based. - Section 4 revises board member reimbursement to follow the standard state expense and mileage allowance rules instead of the prior reimbursement code section. - Sections 5 through 12 replace 'division director' with 'executive director' throughout the chapter's licensing, registration, renewal, and apprenticeship provisions. ## Status - Status: Introduced (2025-02-26) - Last action: Senate Read and Referred (2025-02-27) - Sponsors: Tonya Anderson, Gail Davenport, Harold Jones, Kim Jackson, Nikki Merritt, Kenya Wicks, Sally Harrell, RaShaun Kemp, Elena Parent, Donzella James, Jason Esteves, Michael Rhett, Nan Orrock, Freddie Sims, Emanuel Jones - Official page: https://www.legis.ga.gov/legislation/70918 > The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb275.md?full=1