GA Code § 43-10-8 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 10 - Barbers and Cosmetologists|§ 43-10-8. Certificate of Registration Required

  It shall be unlawful for any individual to pursue barbering or the occupation of cosmetology in this state unless he or she has first completed the required hours for and obtained the appropriate certificate of registration as provided in this chapter.   It shall be unlawful for any individual to hold himself or herself out as a master cosmetologist without having first obtained a certificate of registration as a master cosmetologist which certifies that the holder thereof shall be authorized to perform all the services mentioned in paragraph (11) of Code Section 43-10-1. Nothing in this chapter shall prohibit any individual who held a valid master cosmetologist license in this state on March 29, 1983, from practicing as a master cosmetologist.   It shall be unlawful for any individual to hold himself or herself out as a master barber, barber II, barber instructor, or barber apprentice without having first obtained the certificate of registration for such.   Notwithstanding any other provisions of this chapter, any individual desiring to perform solely hair design services shall be allowed to obtain a certificate of registration as a hair designer upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (9) of Code Section 43-10-1.   Notwithstanding any other provisions of this chapter, any individual desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration as an esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (8) of Code Section 43-10-1.   Notwithstanding any other provisions of this chapter, any individual desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration as a nail technician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (12) of Code Section 43-10-1.     Notwithstanding any other provisions of this chapter, any current or discharged member of the military may apply to the board for the immediate issuance of a certificate of registration issued pursuant to this chapter, provided that such individual holds a license or certification from another state for which the training, experience, and testing substantially meet or exceed the requirements in this state to obtain the certificate of registration for which such individual is applying.   As used in this subsection, the term:   "Discharge" means an honorable discharge or a general discharge from active military service. The term "discharge" shall not mean a discharge under other than honorable conditions, a bad conduct discharge, or a dishonorable discharge.   "Military" means any regular or reserve component of the United States armed forces, the Georgia Army National Guard, or the Georgia Air National Guard.       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 director of the professional licensing boards prior to opening.   This chapter shall have uniform application throughout the state so that no master cosmetologist, cosmetologist, hair designer, nail technician, esthetician, master barber, barber II, 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 be exempt from regulation.    (Ga. L. 1963, p. 45, § 3; Ga. L. 1979, p. 1327, § 1; Ga. L. 1983, p. 1219, § 3; Ga. L. 1985, p. 1057, §§ 5, 6; Ga. L. 1986, p. 10, § 43; Ga. L. 2000, p. 814, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2006, p. 904, § 4/SB 145; Ga. L. 2011, p. 752, § 43/HB 142; Ga. L. 2015, p. 1287, § 2/HB 314; Ga. L. 2020, p. 909, § 3/HB 914.)    The 2015 amendment,  effective July 1, 2015, substituted "individual" for "person" throughout this Code section; inserted "barbering or" near the beginning of subsection (a); in subsection (b), in the first sentence, deleted "or hair designer" following "master cosmetologist", substituted "a certificate of registration as a master cosmetologist which certifies that the holder thereof shall" for "the certificate of registration for such. Such person shall", and substituted "paragraph (11)" for "paragraph (4)", and in the second sentence, substituted "held" for "holds" near the beginning and substituted "as a master cosmetologist" for "at the master cosmetologist level as defined in paragraph (8) of Code Section 43-10-1" at the end; substituted the present provisions of subsection (c) for the former provisions, which read: "Reserved."; in subsection (d), substituted "as a hair designer" for "at the hair design level" near the middle and substituted "paragraph (9)" for "paragraph (7)" near the end; in subsection (e), substituted "as an esthetician" for "at the esthetician" near the middle and substituted "paragraph (8)" for "paragraph (5)" near the end; in subsection (f), deleted the paragraph (f)(1) designation, substituted "as a nail technician" for "at the nail technician" near the middle, substituted "paragraph (12)" for "paragraph (9)" near the end and deleted former paragraph (f)(2), which read: "(2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, hair design, esthetics, or nail care on a military installation in Georgia for three years prior to July 1, 1985, shall be eligible to receive a certificate of registration at the cosmetology, hair design, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985."; added present subsection (g); redesignated former subsections (g) and (h) as present subsections (h) and (i); in subsection (h), in the first sentence, substituted "barber shop," for "hair design salon," near the beginning and substituted "esthetics, school of nail care, or school of barbering" for "esthetics, or school of nail care" near the middle and substituted "beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering" for "salon, or school" in the last sentence; and, in subsection (i), inserted "master cosmetologist," "nail technician, esthetician, master barber, barber II," "beauty salon, barber shop," and ", or school of barbering" and deleted "or" preceding "school of nail care".    The 2020 amendment,  effective January 1, 2021, deleted "or any spouse of a current or discharged member of the military" preceding "may apply" in the beginning of paragraph (g)(1) and substituted "used in this subsection" for "used in this paragraph" in paragraph (g)(2).   OPINIONS OF THE ATTORNEY GENERAL   Board may not require public school to register.   - State Board of Cosmetology does not have the 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 the cosmetology provisions. 1963-65 Op. Att'y Gen. p. 289.   Penalty for owning and operating unregistered beauty shop.    - If a holder of a certificate of registration to practice cosmetology violates Ga. L. 1979, p. 1327, §§ 1 and 11 (see now O.C.G.A. §§ 43-10-8 and43-10-11) by owning and operating an unregistered beauty shop, the holder's certificate of registration to practice cosmetology is subject to being reprimanded, suspended, revoked, or canceled by the State Board of Cosmetology pursuant to Ga. L. 1979, p. 1327, § 10 (see now O.C.G.A. § 43-10-15). 1980 Op. Att'y Gen. No. 80-23.   RESEARCH REFERENCES   ALR.   - Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.   Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.   Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.   Applicability of res ipsa loquitur doctrine in action for injury to patron of beauty salon, 93 A.L.R.3d 897.