TITLE 43 PROFESSIONS AND BUSINESSES

Section 10. Barbers and Cosmetologists, 43-10-1 through 43-10-20.

ARTICLE 4 REGULATION OF MARTIAL ARTS AND WRESTLING

43-10-1. Definitions.

As used in this chapter, the term:

"Barber apprentice" means an individual who practices barbering under the constant and direct supervision of a licensed master barber.
"Barber II" means an individual who performs any one or more of the following services for compensation:
1. Shaving or trimming the beard;
2. Cutting or dressing the hair;
3. Giving facial or scalp massages; or
4. Giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances.
"Barbering" means the occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp massages, giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances, singeing and shampooing the hair, coloring or dyeing the hair, or permanently waving, relaxing, or straightening the hair of an individual for compensation.
"Beautician" means "cosmetologist" as such term is defined in this Code section.
"Beauty shop" or "beauty salon" or "barber shop" means any premises where one or more individuals engage in barbering or in the occupation of a cosmetologist.
"Board" means the State Board of Cosmetology and Barbers.
"Cosmetologist" means any individual who performs any one or more of the following services for compensation:
1. Cuts or dresses the hair;
2. Gives facial or scalp massages or facial and scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances;
3. Singes and shampoos the hair, colors or dyes the hair, or does permanent waving, relaxing, or straightening of the hair;
4. Performs the services of a nail technician as defined in paragraph (12) of this Code section; or
5. Performs the services of an esthetician as defined in paragraph (8) of this Code section.
  Such individual shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section; provided, however, that such term shall not mean an individual who only braids the hair by hairweaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair, and no such individual shall be subject to the provisions of this chapter. Such term shall not apply to an individual whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers.
"Esthetician" or "esthetics operator" means an individual who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care:
1. Massaging the face, neck, decolletage, or arms of an individual;
2. Trimming, tweezing, shaping, or threading eyebrows;
3. Dyeing eyelashes or eyebrows or applying eyelash extensions; or
4. Waxing, threading, stimulating, cleansing, or beautifying the face, neck, arms, torso, or legs of an individual by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation.
  Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition or medical aesthetics or the use of lasers. Such term shall not apply to an individual whose activities are limited to the application of cosmetics during the production of film, television, or musical entertainment or to the application of cosmetics in a retail environment in which cosmetics are marketed to individuals and are readily commercially available to consumers.
"Hair designer" means an individual who performs any one or more of the following services for compensation:
1. Cuts or dresses the hair; or
2. Singes and shampoos the hair, applies a permanent relaxer or straightener to the hair, or colors or dyes the hair.
(9.1) "License" means a certificate of registration or other document issued by the board or by the division 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.
"Master barber" means an individual who performs any one or more of the following services for compensation:
1. Shaving or trimming the beard;
2. Cutting or dressing the hair;
3. Giving facial or scalp massages;
4. Giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances; or
5. Singeing and shampooing the hair, coloring or dyeing the hair, or permanently waving, relaxing, or straightening the hair.
"Master cosmetologist" means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services set forth in paragraph (7) of this Code section for compensation.
"Nail technician" means an individual who, for compensation, performs manicures or pedicures or who trims, files, shapes, decorates, applies sculptured or otherwise artificial nail extensions, or in any way cares for the nails of another individual.
"Person" means any individual, proprietorship, partnership, corporation, association, or other legal entity.
"School of barbering" means any establishment that receives compensation for training more than one individual in barbering. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not "schools of barbering" within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be "board approved."
"School of cosmetology" means any establishment that receives compensation for training more than one individual in the occupation of a cosmetologist. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not "schools of cosmetology" within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be "board approved."
"School of esthetics" means any establishment that receives compensation for training more than one individual in the occupation of an esthetician. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not "schools of esthetics" within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be "board approved."
"School of hair design' means any establishment that receives compensation for training more than one individual in the occupation of a hair designer. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not "schools of hair design" within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be "board approved."
"School of nail care" means any establishment that receives compensation for training more than one individual in the occupation of a nail technician. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not "schools of nail care" within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be "board approved."

(Ga. L. 1963, p. 45, §§ 1, 2; Ga. L. 1966, p. 195, § 1; Ga. L. 1983, p. 1219, § 1; Ga. L. 1985, p. 1057, § 1; Ga. L. 1986, p. 843, § 1; Ga. L. 1996, p. 1239, § 4; Ga. L. 2000, p. 814, § 1; Ga. L. 2001, p. 1077, § 1; Ga. L. 2006, p. 904, § 1/SB 145; Ga. L. 2008, p. 335, § 7/SB 435; Ga. L. 2015, p. 1287, § 2/HB 314; Ga. L. 2018, p. 996, § 3/SB 461.)

The 2015 amendment, effective July 1, 2015, rewrote this Code section.

The 2018 amendment, effective July 1, 2018, inserted ", relaxing," in paragraph (3) and in subparagraph (10)(E); substituted "individuals" for "persons" in the middle of paragraph (5); in subparagraph (7)(B), substituted "massages" for "massage" near the beginning, substituted "cream or" for "creams and" in the middle, inserted "by means of" near the end, and substituted "appliances" for "appliance" at the end; inserted ", relaxing, or straightening" near the end of subparagraph (7)(C); substituted the present provisions of subparagraph (7)(D) for the former provisions, which read: "Performs nail care, pedicure, or manicuring services as defined in paragraph (9) of this Code section; or"; substituted "paragraph (8)" for "paragraph (5)" in subparagraph (7)(E); substituted "an individual" for "a person" in subparagraph (8)(A); substituted "torso, or legs of an individual" for "shoulders, back, chest, or legs of a person" in the middle of subparagraph (8)(D); in the ending undesignated paragraph of paragraph (8), inserted "or medical aesthetics" near the end of the first sentence, in the second sentence, substituted "cosmetics during the production of film, television, or musical entertainment or to the application of cosmetics in a retail environment in which cosmetics are marketed" for "cosmetics which are marketed"; substituted "permanent relaxer or straightener to the hair," for "permanent or relaxer to hair," in subparagraph (9)(B); added paragraph (9.1); substituted a colon for the semicolon at the end of paragraph (10); in paragraph (12), substituted "pedicures or who" for "pedicures, or" near the middle, substituted "individual" for "person" at the end; deleted "any" preceding "other legal entity" in paragraph (13); substituted "'schools of barbering'" for "'barbering schools'" in the middle of the second sentence of paragraph (14); substituted "'schools of hair design'" for "schools of hair design" in the middle of the second sentence of paragraph (17); and, in the first sentence of paragraph (18), substituted "individual" for "person" and inserted "a" near the end.

Law reviews.

- For annual survey of administrative law, see 67 Mercer L. Rev. 1 (2015).

JUDICIAL DECISIONS

No gender restrictions.

- Operations of both barbershops and beauty salons involve cutting, dressing, singeing, shampooing, dyeing, or permanently waving the hair of a client. The statutes do not restrict the use of barbershops or beauty salons to one specific gender. Acord v. Maynard, 198 Ga. App. 296, 401 S.E.2d 315 (1991).

OPINIONS OF THE ATTORNEY GENERAL

Cosmetologists may work with wigs.

- By deleting the word "human" from the definition of cosmetologist, the legislature intended to clear up ambiguity and thus confer joint jurisdiction over wigs as well as human hair upon both barbers and cosmetologists. 1965-66 Op. Att'y Gen. No. 66-180.

Jurisdiction conferred upon cosmetologists to work on hair of deceased persons is shared with funeral directors.

- Effect of the 1966 amendment to the Barbers' and Cosmetologists' Acts was to confer as between barbers and cosmetologists extra jurisdiction upon cosmetologists in regard to services performed upon hair of deceased persons; the extra jurisdiction conferred upon cosmetologists, however, is not absolute, but must be considered as being shared with that of funeral directors. 1965-66 Op. Att'y Gen. No. 66-180.

Cosmetologists may not shave or trim beards.

- Person who is licensed as a cosmetologist may cut and dress hair, give facials or scalp massages, singe and shampoo hair, or dye the hair of a male; these are all services which may also be performed by a barber; a cosmetologist who is performing cosmetology services upon a male would not be licensed to shave or trim the beard of a male patron. 1971 Op. Att'y Gen. No. 71-54.

Transcutaneous electrical nerve stimulation used as a form of facial or a scalp treatment by a cosmetologist is not authorized by O.C.G.A. Ch. 10, T. 43. 1982 Op. Att'y Gen. No. 82-102 (decided prior to 1983 amendment).

Tuition-free technical and vocational public school not within definition contained in Ga. L. 1963, p. 45,

§§ 1 and 2. - Tuition-free technical and vocational school operated as a part of the state's public school system under either the State Board of Education or a local board of education that offers a course in cosmetology is not a "beauty school, beauty college, or school of cosmetology" within the definition of this statute. 1963-65 Op. Att'y Gen. p. 259; 1963-65 Op. Att'y Gen. p. 289.

Requirements for private beauty colleges not applicable to public schools.

- Cosmetology provisions apply to beauty schools, beauty colleges, and schools of cosmetology as defined in this statute; the provisions do not apply to technical and vocational schools operated as a part of the public school system. 1963-65 Op. Att'y Gen. p. 289.

Requirements do not apply even if public school charges public for services.

- Practical training is a necessary element in a course in cosmetology; the fact that students practice on members of the public and that a fee is charged for students' service does not bring a tuition-free technical or vocational school which is a part of the public school system under provisions of this statute. 1963-65 Op. Att'y Gen. p. 289.

Requirements do not apply if students must pay fee to public school.

- If 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 requires a student to pay an incidental fee before such student is admitted to study a course in cosmetology, such charges does not bring the school under provisions of this statute. 1963-65 Op. Att'y Gen. p. 289.

RESEARCH REFERENCES

Am. Jur. 2d.

- 11 Am. Jur. 2d, Barbers and Cosmetologists, § 4 et seq.

C.J.S.

- 39A C.J.S., Health and Environment, §§ 1, 3.

ALR.

- Places and persons within purview of statute or ordinance regulating barbers, 31 A.L.R. 433; 59 A.L.R. 543.

Applicability of res ipsa loquitur doctrine in action for injury to patron of beauty salon, 93 A.L.R.3d 897.

Malpractice in treatment of skin disease, disorder, blemish, or scar, 19 A.L.R.5th 563.

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