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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 43. PROFESSIONS AND BUSINESSES |
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Chapter 10. COSMETOLOGISTS |
| § 43-10-1. Definitions |
| § 43-10-2. Creation of board; members, meetings, officers, and powers |
| § 43-10-3. Reimbursement of board members |
| § 43-10-4. Annual financial report of board |
| § 43-10-5. Records of board generally |
| § 43-10-6. Rules and regulations as to sanitary requirements; instruction on HIV and AIDS; inspections; unsanitary condition as nuisance |
| § 43-10-7. Issuance of certificates of registration |
| § 43-10-8. Certificate of registration required |
| § 43-10-9. Application for certificate of registration; examination; work permit; reciprocity; study at technical college or public school; eligibility of licensed barber |
| § 43-10-10. Display of certificate of registration; renewal; reinstatement; continuing education requirements; exemptions |
| § 43-10-11. Registration of shops, salons, and schools |
| § 43-10-12. Regulation and permits for schools; teachers and instructors; registration of apprentices; certification as teacher by Department of Education |
| § 43-10-13. Right to set course of study for students; application for examination |
| § 43-10-14. Study by persons 17 years of age and older; registration of apprentices; registration certificate; waiver of education requirements |
| § 43-10-15. Suspension, revocation, cancellation, or restoration of certificates of registration; reprimand of certificate holders; fines |
| § 43-10-16. Injunction against unlicensed or unregistered practice |
| § 43-10-17. Employment of persons to wash, shampoo, comb, and brush hair in beauty shops or salons |
| § 43-10-18. Home beauty shops |
| § 43-10-18.1. Authorization to employ licensed barber; exemption from barbering licensure provisions |
| § 43-10-18.2. Exemption from licensing requirement for nursing home facility |
| § 43-10-18.3. Serving physically disabled persons in their homes |
| § 43-10-19. Penalty |
| § 43-10-20. Teaching of cosmetology in prisons; certification of registration |
REFS & ANNOS
TITLE 43 Chapter 10 NOTE
ADMINISTRATIVE RULES AND REGULATIONS. --General information: organization, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Cosmetology, Chapter 130-1.
OPINIONS OF THE ATTORNEY GENERAL
PUBLIC SCHOOLS NOT SUBJECT TO REGISTRATION REQUIREMENTS OF COSMETOLOGY PROVISIONS. --State Board of Cosmetology does not have authority to require a tuition-free technical and vocational school operated as part of the state's public school system under either the State Board of Education or a local board of education to register and otherwise perform under cosmetology provisions. 1963-65 Op. Att'y Gen. p. 289.
To permit a regulatory board, such as that created by Ga. L. 1963, p. 45, §§ 4 and 8, to administer a course of study in the public school system, to impose a registration fee upon a public school and a license fee upon teachers therein, and to require a registration fee from students taking a course of study in such public schools would be in violation of former Code 1933, § 32-403 (see O.C.G.A. §§ 20-2-11, 20-2-130 et seq. and 20-2-671); therefore, public schools offering courses in cosmetology are not required to pay school registration fee or teachers' license fee, and students in such schools taking cosmetology courses are not required to pay students' registration fee required by the cosmetology provisions. 1963-65 Op. Att'y Gen. p. 250.
GRADUATES OF APPROVED PUBLIC SCHOOL PROGRAM MAY TAKE LICENSURE EXAMINATION. --If cosmetology courses offered in public school systems are taught by qualified teachers, cover courses of instruction and number of hours required by the State Board of Cosmetology and the cosmetology provisions, and meet sanitary and other standards required of private schools or colleges, the graduates of such courses in the public school system are qualified to take the examination for certificate of registration upon payment of the required fee and meeting the other qualifications. 1963-65 Op. Att'y Gen. p. 250.
PUBLIC SCHOOLS NOT NECESSARILY ACCREDITED WITHIN MEANING OF THE COSMETOLOGY PROVISIONS. --Course of instruction in cosmetology taught in a tuition-free technical and vocational school as a part of the state's public school system under either the State Board of Education or a local board of education is not necessarily "an accredited school" within the meaning of the cosmetology provisions. 1963-65 Op. Att'y Gen. p. 250.
RESEARCH REFERENCES
AM. JUR. 2D. --2 Am. Jur. 2d, Administrative Law, § 24 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 89 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 39 Am. Jur. 2d, Health, §§ 1 et seq., 26 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 61 et seq. 73 Am. Jur. 2d, Statutes, §§ 18 et seq., 60 et seq.
C.J.S. --15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 266 et seq. 16A C.J.S., Constitutional Law, §§ 398, 614, 615. 16B C.J.S., Constitutional Law, § 1063. 16C C.J.S., Constitutional Law, § 1351 et seq. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 39A C.J.S., Health and Environment, §§ 3 et seq., 37 et seq., 48 et seq. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 15 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 49 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 115 et seq. 81A C.J.S., States, §§ 79 et seq., 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.
ALR. --Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 ALR 834; 42 ALR 1226; 118 ALR 646.
Validity, construction, and effect of statute or ordinance regulating beauty shops, or beauty culture schools, 56 ALR2d 879.
Coverage and exceptions in beauty shop liability policy, 77 ALR2d 1258.
Applicability of res ipsa loquitur doctrine in action for injury to patron of beauty salon, 93 ALR3d 897.
Liability of cosmetology school for injury to patron, 81 ALR4th 444.
OPINIONS OF THE ATTORNEY GENERAL
PUBLIC SCHOOLS NOT SUBJECT TO REGISTRATION REQUIREMENTS OF COSMETOLOGY PROVISIONS. --State Board of Cosmetology does not have authority to require a tuition-free technical and vocational school operated as part of the state's public school system under either the State Board of Education or a local board of education to register and otherwise perform under cosmetology provisions. 1963-65 Op. Att'y Gen. p. 289.
To permit a regulatory board, such as that created by Ga. L. 1963, p. 45, §§ 4 and 8, to administer a course of study in the public school system, to impose a registration fee upon a public school and a license fee upon teachers therein, and to require a registration fee from students taking a course of study in such public schools would be in violation of former Code 1933, § 32-403 (see O.C.G.A. §§ 20-2-11, 20-2-130 et seq. and 20-2-671); therefore, public schools offering courses in cosmetology are not required to pay school registration fee or teachers' license fee, and students in such schools taking cosmetology courses are not required to pay students' registration fee required by the cosmetology provisions. 1963-65 Op. Att'y Gen. p. 250.
GRADUATES OF APPROVED PUBLIC SCHOOL PROGRAM MAY TAKE LICENSURE EXAMINATION. --If cosmetology courses offered in public school systems are taught by qualified teachers, cover courses of instruction and number of hours required by the State Board of Cosmetology and the cosmetology provisions, and meet sanitary and other standards required of private schools or colleges, the graduates of such courses in the public school system are qualified to take the examination for certificate of registration upon payment of the required fee and meeting the other qualifications. 1963-65 Op. Att'y Gen. p. 250.
PUBLIC SCHOOLS NOT NECESSARILY ACCREDITED WITHIN MEANING OF THE COSMETOLOGY PROVISIONS. --Course of instruction in cosmetology taught in a tuition-free technical and vocational school as a part of the state's public school system under either the State Board of Education or a local board of education is not necessarily "an accredited school" within the meaning of the cosmetology provisions. 1963-65 Op. Att'y Gen. p. 250.
RESEARCH REFERENCES
AM. JUR. 2D. --2 Am. Jur. 2d, Administrative Law, § 24 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 89 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 39 Am. Jur. 2d, Health, §§ 1 et seq., 26 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 61 et seq. 73 Am. Jur. 2d, Statutes, §§ 18 et seq., 60 et seq.
C.J.S. --15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 266 et seq. 16A C.J.S., Constitutional Law, §§ 398, 614, 615. 16B C.J.S., Constitutional Law, § 1063. 16C C.J.S., Constitutional Law, § 1351 et seq. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 39A C.J.S., Health and Environment, §§ 3 et seq., 37 et seq., 48 et seq. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 15 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 49 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 115 et seq. 81A C.J.S., States, §§ 79 et seq., 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.
ALR. --Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 ALR 834; 42 ALR 1226; 118 ALR 646.
Validity, construction, and effect of statute or ordinance regulating beauty shops, or beauty culture schools, 56 ALR2d 879.
Coverage and exceptions in beauty shop liability policy, 77 ALR2d 1258.
Applicability of res ipsa loquitur doctrine in action for injury to patron of beauty salon, 93 ALR3d 897.
Liability of cosmetology school for injury to patron, 81 ALR4th 444.