GA Code § 43-10-12 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 10 - Barbers and Cosmetologists|§ 43-10-12. Regulation and Licenses for Schools; Teachers and Instructors; Registration of Apprentices; Certification as Teacher by Department of Education

    All schools of barbering, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care shall:   Cause to be registered in writing with the board, at the time of opening, 15 bona fide students; provided, however, that any such school may petition to the board to add additional courses of study with a minimum of five students per course if such school has an active license in good standing;   Have not less than one instructor for every 20 students or a fraction thereof;   Keep permanently displayed a sign reading "School of Cosmetology," "School of Hair Design," "School of Esthetics," "School of Nail Care," or "School of Barbering" as applicable; and all such signs shall also display the words "Service by Students Only." Where service is rendered by a student, no commissions or premiums shall be paid to such student for work done in the schools; nor shall any individual be employed by the schools to render professional service to the public; and   Provide transcripts to students upon graduation or withdrawal from the school, provided that all tuition and fees due to the school have been satisfied. Student records shall be maintained by the schools for a minimum of five years. If a school closes its business, the owner is required to provide copies of all student records, including, but not limited to, transcripts, to the board within 30 days of the school closure.     All schools of cosmetology, schools of hair design, schools of esthetics, schools of nail care, and schools of barbering shall keep in a conspicuous place as determined by the board through rules and regulations in such schools a copy of the rules and regulations adopted by the board.   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 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 director for that purpose.     Any person desiring to operate or conduct a school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering prior to opening shall first secure from the board a license to do so and shall keep the license prominently displayed in the school in a location determined by the board through rules and regulations.   The board shall have the authority to pass upon the qualifications, appointments, courses of study, and hours of study in the school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering, provided that:   All schools of cosmetology shall be required to teach the following courses: theory, permanent and cold hair waving, hair coloring, hair bleaching, hair relaxing, hair straightening, hair and scalp treatments, massaging the face, neck, and scalp, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, waxing, threading, tweezing, reception, desk work, facials, makeup and arching, skin care, nail care, state law, board rules and regulations, and any other subjects related to cosmetology and sanitation;  (1.1) All schools of hair design shall be required to teach the following courses: theory, permanent and cold hair waving, hair coloring, hair bleaching, hair relaxing, hair straightening, hair and scalp treatments, massaging the scalp, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, reception, desk work, state law, board rules and regulations, and any other subjects related to hair design and sanitation;    All schools of esthetics shall be required to teach the following courses: theory, skin care, facials, makeup and arching, eyelash extensions, reception, desk work, massaging the face, neck, decolletage, or arms, trimming, tweezing, or threading eyebrows and other facial hair, dyeing, waxing, stimulating, cleansing, or beautifying, state law, board rules and regulations, and any other subjects related to esthetics and sanitation;   All schools of nail care shall be required to teach the following courses: theory, trimming, filing, shaping, decorating, sculpturing and artificial nails, nail care, pedicuring, reception, desk work, state law, board rules and regulations, and any other subjects related to nail care and sanitation; and   All schools of barbering shall be required to teach the following courses: theory, hair and scalp treatments, massaging the face, neck, and scalp, shampooing and conditioning, shaving, coloring of hair, hair cutting and styling, facial hair design, facial hair waxing, permanent and cold hair waving, hair relaxing, hair straightening, chemical application, reception, desk work, state law, board rules and regulations, and any other subjects related to barbering and sanitation.       The board shall have the right to suspend or revoke the certificate, permit, or license of or to reprimand any such school of cosmetology, school of esthetics, school of hair design, school of nail care, school of barbering or instructor or teacher therein, for the violation of this chapter.   The board shall have the same power and authority as to sanitary conditions over schools as it has over beauty shops, beauty salons, and barber shops.       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 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.     An individual desiring to teach at the master level shall satisfy the board that he or she:   Holds a current master cosmetologist certificate of registration and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree;   Has 750 hours of instructor training in cosmetology at a board approved school; and   Has one year of work experience as a master cosmetologist.     An individual holding a current master cosmetologist certificate of registration at the master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the master level.       An individual desiring to teach at the esthetician level shall satisfy the board that he or she:   Holds a current certificate of registration as an esthetician or master cosmetologist and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree;   Has 500 hours of board approved instructor training in esthetics of at least nine months;   Has one year of work experience as an esthetician or master cosmetologist; and   Has passed both a written and a practical examination to become an instructor in esthetics.     An individual holding a current cosmetology certificate of registration as an esthetician or master cosmetologist who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the esthetician level.       An individual desiring to teach at the nail technician level shall satisfy the board that he or she:   Holds a current certificate of registration as a nail technician or master cosmetologist and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree;   Has 250 hours of board approved instructor training in nail care of at least four months;   Has one year of work experience as a nail technician or master cosmetologist; and   Has passed both a written and a practical examination to become an instructor in nail care.     An individual holding a current certificate of registration as a nail technician or master cosmetologist who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the nail technician level.       An individual desiring to teach barbering shall satisfy the board that he or she:   Holds a current certificate of registration as a master barber and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree;   Has 750 hours of board approved instructor training in barbering; and   Has passed both a written and a practical examination to become an instructor in barbering.     An individual holding a current certificate of registration as a master barber who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examinations to become an instructor for barbering.       An individual desiring to teach at the hair designer level shall satisfy the board that he or she:   Holds a current certificate of registration as a hair designer or master cosmetologist and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree;   Has 750 hours of board approved instructor training in hair design of at least four months;   Has one year of work experience as a hair designer or master cosmetologist; and   Has passed both a written and a practical examination to become an instructor in hair design.     An individual holding a current certificate of registration as a hair designer or master cosmetologist who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examinations to become an instructor at the hair designer level.     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 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.   Nothing in this Code section shall be construed as preventing an individual from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The certification shall be limited to those individuals who hold a current certificate of registration as a master cosmetologist and also hold a diploma or certificate of 1,500 credit hours from a board approved school and have completed the three-year teachers training program required by the Department of Education. Such persons shall also pass both a written and a practical examination satisfactory to the board and, upon passage thereof, shall receive a certificate of registration to teach cosmetology.     All teachers or instructors of cosmetology at all levels seeking renewal of certificates of registration are required to submit to the board proof of completion of 15 hours of continuing education in the cosmetology profession approved by the board at least half of which consists of instruction in teaching methods.    (Ga. L. 1963, p. 45, § 12; Ga. L. 1966, p. 195, § 6; Ga. L. 1977, p. 803, § 4; Ga. L. 1979, p. 1327, § 8; Ga. L. 1980, p. 1420, §§ 9, 10; Ga. L. 1983, p. 1219, § 5; Ga. L. 1985, p. 1057, § 10; Ga. L. 1986, p. 10, § 43; Ga. L. 1992, p. 2490, § 1; Ga. L. 1996, p. 1239, § 6; Ga. L. 2000, p. 814, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2001, p. 1077, § 3; Ga. L. 2001, p. 1185, § 2; Ga. L. 2002, p. 415, § 43; Ga. L. 2006, p. 904, § 8/SB 145; Ga. L. 2015, p. 1287, § 2/HB 314; Ga. L. 2018, p. 996, § 6/SB 461; Ga. L. 2019, p. 1056, § 43/SB 52.)    The 2015 amendment,  effective July 1, 2015, rewrote this Code section.    The 2018 amendment,  effective July 1, 2018, rewrote subsection (a); in subsection (b), substituted "license" for "permit" twice and added "in a location determined by the board through rules and regulations" at the end; substituted the present provisions of paragraph (c)(1) for the former provisions, which read: "All schools of cosmetology shall be required to teach the following courses: theory, permanent and cold waving, hair coloring and bleaching, hair and scalp treatments, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, charm, reception, desk work, art and laboratory, facials, makeup and arching, skin care, nail care, state law, state rules and regulations, and any other subjects related to cosmetology and sanitation;"; added paragraph (c)(1.1); deleted "charm," preceding "reception,", deleted "art and laboratory," following "desk work," and substituted "board rules" for "state rules" in paragraphs (c)(2) and (c)(3); in paragraph (c)(2), substituted "decolletage," for "decolletage,"; and substituted the present provisions of paragraph (c)(4) for the former provisions, which read: "All schools of barbering shall be required to teach the following courses: theory, hair and scalp treatments, shampooing and conditioning, shaving, coloring of hair, hair cutting and styling, facial hair design and waxing, permanent waving, relaxing, and chemical application."    The 2019 amendment,  effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, inserted "that" in the middle of the first sentence of paragraph (e)(7).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1985, a colon was added at the end of the introductory language of subsection (c).   OPINIONS OF THE ATTORNEY GENERAL   Inapplicable to technical and vocational public schools.   - Statute applies to beauty schools, beauty colleges, and schools of cosmetology; the statute does not apply to technical and vocational schools operated as part of the public school system. 1963-65 Op. Att'y Gen. p. 289.    Applicant to open new school of cosmetology must have 20 (now 15) bona fide students registered with board  prior to receiving license or certificate of registration. 1969 Op. Att'y Gen. No. 69-157.