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:
<ins>"(8.1) 'Executive director' means the executive director appointed by the board pursuant
to Code Section 43-10-2.1."
</ins> "(9.1) 'License' means a certificate of registration or other document issued by the board
or by the <del>division</del> <ins>executive</ins> 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. <del>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.</del> The Governor may remove any board member for cause as
provided in Code Section 43-1-17."
"(h) <del>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</del> <ins>Reserved."
</ins> SECTION 3.
Said chapter is further amended by adding two new Code sections to read as follows:
<ins>"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
</ins>
<ins>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.
</ins>
<ins>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;
</ins>
<ins>(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."
</ins>
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 <del>be reimbursed as provided for in subsection (f) of Code
Section 43-1-2</del> <ins>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."
</ins> 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 <del>division</del> <ins>executive</ins> 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 <del>division</del> <ins>executive</ins> 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 <del>division</del> <ins>executive</ins> director <del>of the
professional licensing boards</del> 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 <del>division</del> <ins>executive</ins> director. The holder
shall pay to the <del>division</del> <ins>executive</ins> 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 <del>division</del> <ins>executive</ins> director by the owner or manager. Such registration
shall be made by the filing of an application on forms furnished by the <del>division</del> <ins>executive
</ins>
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 <del>division</del> <ins>executive</ins> director the name and age
of such apprentice; and the board shall cause such information to be entered on a register
kept by the <del>division</del> <ins>executive</ins> 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 <del>division</del> <ins>executive</ins> 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 <ins>board</ins> 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 <del>division</del> <ins>executive</ins> 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 <del>division</del> <ins>executive</ins> 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.