Georgia State Board of Cosmetology: Act no. 33(H.B. no. 225) [1963]

GEORGIA STATE BOARD OF
COSMETOLOGY
Ben W. Fortson, Jr. Secretary of State

AN ACT
To regulate the occupation of cosmetology, so as to define "cosmetology", "beauty shops", "beauty salons" and "beauty schools"; to provide for a Georgia State Board of Cosmetology; to define its powers, duties and responsibilities; to provide for the method of qualifications of its members, their term of office, the method of their appointment and their compensation; to provide for their meetings; to provide for the registration, classification and examination of all cosmetologists, teachers and instructors; to provide for the annual registration of all beauty shops and beauty schools; to provide for the issuance and renewal of certificates of registration to cosmetologists, teachers and instructors; to provide for registration and examination fees; to provide for the appointment of inspectors and their qualifications; duties, powers and compensation; to provide for a report by the Board to the Governor; to provide for the disposition of monies received by the Board; to regulate beauty schools; to otherwise regulate the occupation of cosmetology; to provide for the keeping of records by the Board; to provide penalties for the violation of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
For the purpose of this Act the word 'cosmetologist', shall be synonymous with the word "beautician", and shall be any person who cuts or dresses the hair, gives facial or scalp massages, facial or scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance, who singes and shampoos the hair, or who dyes the hair, or who does permanent waving of the hair for compensation shall be considered as practicing the occupation of a cosmetologist within the meaning of this Act.
SECTION 2
For the purposes of this Act a "beauty shop" or "beauty salon" shall be any premises where one or more persons engage in the occupation of cosmetology.
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For the purposes of this Act a "beauty school" or "beauty college" or school of cosmetology shall mean any business entity that trains more than one person for compensation in the occupation of cosmetology.
SECTION 3
It shall be unlawful for any person to follow the occupation of a cosmetologist in this State unless he or she shall have first obtained a certificate of registration as provided in this Act. It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, beauty school, beauty college or school of cosmetology without first having obtained a certificate of registration for such shop, salon or school as provided in this Act. Any beauty shop, salon, school or college not now in operation shall register with the Joint Secretary, State Examining Board prior to opening.
This Act shall have uniform operation throughout the State so that no cosmetologist, beauty shop, beauty school, beauty college or school of cosmetology shall be exempt from regulation.
SECTION 4
There is hereby created the Georgia State Board of Cosmetology, to consist of at least five (5) members who shall have been citizens of the United States of America and a resident of this state for at least five (5) years immediately prior to their appointment for the purpose of carrying out and enforcing the provisions of this Act. Said Board shall be appointed by the Governor and approved by the Secretary of State and confirmed by the Senate within thirty days after the effective date of this Act. Members of the Board shall be at least twenty-five (25) years of age, be a high school graduate, must have had at least five years of practical experience in a majority of the practices of cosmetology, a portion of which must have been as a salon owner or manager. The Board shall meet not more than ninety (90) days per annum for the purpose of holding examinations, adopting rules and regulations and other matters pertaining to duties of said Board.
No member of the Board shall be members of nor affiliated with any school of cosmetology or be connected in any manner
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with any manufacturer, wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office. Two members shall be appointed for terms of one year; two members shall be appointed for terms of two years, and one member shall be appointed for a term of three years, and thereafter the terms of the members of said Board shall be for three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. Said Board may do all the things necessary for carrying into effect the provisions of this Act, and may, from time to time, promulgate necessary rules and regulations compatible with the provisions of this Act. The Governor may remove any Board member for cause.
Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to whom shall be chairman, the Governor shall appoint one of such members as chairman. The chairman so elected or appointed shall be eligible to succeed himself. The members of the Board shall be considered public officers and shall take the oath required thereof.
SECTION 5
The Board shall have power to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, salons, schools, colleges, and schools of cosmetology, subject to the approval of the State Board of Health and to cause the rules and regulations or any subsequent revisions to be in a suitable form, and to transmit a copy thereof to the proprietor of each beauty shop, salon, school, college and school of cosmetology. It shall be the duty of every proprietor or person operating a beauty shop, salon, school, college and school of cosmetology in the State to keep a copy of such rules and regulations posted in a conspicuous place in his shop, so as to be easily read by his customers. A failure of any such proprietor to keep such rules so posted, or to observe the requirements thereof, shall be sufficient grounds for the revocation of his or her license, but no license shall be revoked without a reasonable opportunity being offered to such proprietor to be heard in his or her defense. The Secretary of State of Georgia shall employ eight (8) inspectors, with the approval of the Governor, who shall be employed on a full time basis and selected subject to the following regulations:
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"To be employed as an inspector, a person shall have had at least three (3) years experience as a master cosmetologist, and currently hold a valid license as a master cosmetologist; and shall have obtained the age of twenty-one (21) years.
Inspectors shall be paid according to the rules and regulations of the State Merit System Council and shall receive in addition actual traveling expenses plus mileage, as provided by law for State employees. Inspectors shall serve at the pleasure of the Secretary of the State of Georgia and the Governor.
Inspectors shall direct reports to the Board and the Joint Secretary, State Examining Board weekly. In all respects pertaining to their duties inspectors shall be answerable to the Board and the Joint Secretary, State Examining Board.
All fees collected under this Act shall be remitted to the State treasurer and all salaries and expenses of inspectors and other expenses of said Board shall be paid from monies appropriated to the Joint Secretary but shall not exceed the amount of fees collected hereunder.
Any inspector shall have power to enter and make reasonable examination of any beauty shop, school, and college in the State during business hours for the purpose of enforcing the rules and regulations of the Board and for the purpose of ascertaining the sanitary conditions thereof."
"Any beauty shop, school or college in which tools, appliances and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health, is hereby declared to be a public nuisance and the proprietor thereof shall be subject to prosecution and punishment therefor. Said Board shall have authority to require employees in such shops to annually stand a physical examination.
The Georgia State Board of Cosmetology shall have the right to set a course of study for all students of .the several schools of cosmetology within this State.
It shall be the duty of each school to semi-annually file with the Board a copy of the curriculum that they are teaching at the time of filing. This statement of curriculum must be certified
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by the owner of the school and shall be properly notarized.
Before a student shall be eligible to stand the examination he or she shall first file with his or her application for examination, a transcript showing the number of hours and courses completed from the school or shop attended by the student. It will not be necessary, for any person or persons operating a beauty shop in a private home, to post a sign denoting same to be a beauty shop unless the person or persons so elects to do so."
SECTION 6
Each member of said Board shall receive a compensation of twenty-five ($25.00) dollars per day for actual services, and in addition thereto, actual expenses while in attendance upon meetings of the Board, and actual traveling expenses, which compensation shall be paid out of monies collected under the provisions of this Act, after an allowance thereof by the Board upon an itemized and verified claim therefor, approved by the Chairman of the Board, and by the Joint Secretary, State Examining Board, by the member claiming same. In no event shall any part of the expenses of the Board or any member thereof be paid out of any other funds.
SECTION 7
The Board shall on the first day of July of each year report to the Governor a full statement of the receipts and disbursements of the Board for the preceding year. All funds resulting from the operation of the Georgia State Board of Cosmetology and from the administration of the rules and regulations pertaining to cosmetologists, teachers, beauty shops, beauty schools, beauty colleges and schools of cosmetology and to the Georgia State Board of Cosmetology, excluding all fines, but including all license fees and other income, shall be paid into the General Fund of the State Treasury.
SECTION 8
It shall be the duty of the Board to issue through the Joint Secretary, State Examining Board certificates of registration as hereinafter provided, the same being under the seal of the Board and signed by its chairman and the Joint Secretary. Said Board
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shall have power to adopt reasonable rules and regulations not inconsistent with the Constitution or laws of the United States or this State or with the terms of this Act, for the enforcement of and carrying out of the purposes of this Act. Said Board shall adopt a seal to be used to authenticate all its official papers and acts, shall elect one of its members chairman of the Board to hold office during the pleasure of the Board, and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction. The Board shall be provided with suitable quarters for the conduct of its business and its records shall be open to public inspection at all reasonable times.
SECTION 9
The Board shall hold each year throughout the state at such times and places as it shall designate beforehand examinations to examine applicants for certificates of registration under this Act. Notice of any such examinations shall be given by publication in one or more newspapers of general circulation at least ten (10) days before the holding of such examinations. All expenses so incurred shall be paid out of monies arising under the terms of this Act.
SECTION 10
Any person desiring to obtain a certificate of registration under the terms of this Act shall make application through the Joint Secretary, State Examining Boards, to the Georgia State Board of Cosmetology therefor, shall pre sen t proof that he or she had completed 9th grade of school instruction or its substantial equivalent, shall satisfy said Board that he or she is free from infectious and contagious diseases and if upon such examination it shall be made to appear that said applicant is above eighteen (18) years of age, of good moral character, is free from contagious and infectious diseases and had completed a fifteen hundred (1500) credit hour study course at an accredited school or had served as an apprentice in a beauty shop or beauty salon for a period of at least three thousand (3000) credit hours, and had practiced or studied the occupation of a cosmetologist and is possessed of the requisite skill in said occupation to properly perform all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services
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mentioned in section 1 of this Act, and in all the duties and services incident thereto, and shall pay to said secretary an examination fee of thirty-five ($35.00) dollars, and shall present himself or herself at the next meeting of said Board held for examination of applicants, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of a cosmetologist. Should an applicant under this Section fail to pass such an examination, the said Board shall furnish him or her a statement in writing, stating wherein said applicant was deficient. Nothing in this Act shall be construed to debar applicants from making subsequent applications to qualify under this Section, provided they shall again pay the required examination fee of thirty-five ($35.00) dollars. All persons making application for examination under this Act shall, if free from infectious and contagious diseases, be allowed to practice the occupation of cosmetology until the next meeting of the Board held for the examination of applicants and the Board shall issue a permit authorizing him or her to so practice said occupation until the said meeting. Should an applicant have a license or certificate of registration in force as a practicing cosmetologist from another state, which has substantially the same requirements for licensing and registering cosmetologists as required by this state under this Act and that has reciprocal relations, pertaining with said occupation with this state, and has furnished satisfactory proof that he or she is free from infectious and contagious diseases, and has paid to the Joint Secretary, State Examining Board, a fee of thirty-five ($35.00) dollars, said applicant shall be issued a certificate of registration, entitling him or her to practice the occupation of a cosmetologist, subject to the terms and provisions of this Act.
SECTION 11
Nothing in this Act shall prohibit any person over the age of sixteen (16) years from learning said occupation under a cosmetologist, providing said cosmetologist has had at least three years experience and has for three years held a license of a master cosmetologist, or under an instructor in a beauty school, college or school of cosmetology, who him s elf has been a journeyman cosmetologist for a period of at least three (3) years and has registered under this Act. Every such person desiring to so learn said occupation shall file with the Joint .Secretary, State Examining Board, a statement in writing show-
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ing his or her name, the place of his employer or instructor, and said applicant shall receive a certificate of registration showing the capacity in which he is permitted to practice said occupation.
SECTION 12
All beauty schools, colleges or schools of cosmetology upon opening shall cause to be registered with the Board twenty (20) bona fide students who have not held a student license any time during the twelve (12) months next preceding the date of their paid registration in such beauty school or college of cosmetology upon opening shall have not less than one instructor for every twenty (20) students or a fraction thereof, and all beauty schools shall keep permanently displayed a sign "Beauty School", "Beauty College" or "School of Cosmetology" as the case may be: Provided, that all cosmetologists, b e aut y schools, beauty colleges or school of cosmetology, who shall take an apprentice or student, shall file immediately with the Georgia State Board of Cosmetology through the Joint Secretary, State Examining Board, the name and age of such apprentice or student, and the said Board shall cause the same to be entered on a register kept by such secretary for that purpose: Provided, that any person having practiced the occupation of a cosmetologist continuously for a period of .not less than three (3) years desiring to operate or conduct a beauty school, college or school of cosmetology, upon opening shall first secure from said Board a permit to do so, and shall keep the same prominently displayed in such school or college, and said Board shall have the right to pass upon the qualifications, appointments, course of study, and hours of study in said beauty school, college or school of cosmetology; and the said Board shall have the right to revoke the certificate, permit, or license of any such beauty school, college or school of cosmetology, instructor or teacher therein for the violation of any of the provisions of this Act. The Board shall have the same power and authority as to rules, regulations and inspection as to sanitary conditions over beauty schools, college or school of cosmetology as it has over beauty shops and beauty salons. All such signs above referred to shall also display the words "Service by Students Only". Where service is rendered by students, no commissions or premiums shall be paid to such student for work done in said schools or colleges, nor shall any person be employed by such schools or colleges to render profes-
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sional service to the public, and all teachers or instructors shall devote their entire time to instruction of students. Provided, further, that any person desiring to teach or instruct in any beauty school, college or school of cosmetology upon opening shall first file his or her application with the Joint Secretary, State Examining Board, to the Georgia State Board of Cosmetology, for examination and shall pay to the Joint Secretary of the Examining Board, together with his or her application, the sum of thirty-five ($35.00) dollars as examination fee, and, upon said examination, shall satisfy the Board that he or she holds a current master's license and also holds a diploma or certificate of fifteen hundred (1500) hours from a recognized school, be a high school graduate and have had two years experience as an active practicing cosmetologist and supplemented by not less than three months teacher's training in cosmetology in a registered school of cosmetology, or one year as a junior instructor in a registered beauty school and pass an examination satisfactory to said board: Provided, further, that any teacher or instructor shall renew his or her license each year by remitting with application a renewal fee of twenty-five ($25.00) dollars. Provided, further, that any teacher or instructor who fails to renew his or her master's license as a cosmetologist on or before the 31st day of December of each year, his or her license to teach or instruct shall be automatically revoked: A person failing to renew his or her teacher's license for two (2) consecutive years shall be required to qualify under this Act for an examination for teacher's license. All beauty schools, colleges and schools of cosmetology are required to keep posted at a conspicuous place in such schools or colleges a copy of the rules and regulations adopted by the Georgia State Board of Cosmetology.
SECTION 13
The holder of any certificate of registration issued under this Act shall display same in a conspicuous place directly behind his or her working chair in his or her shop or place of business, and upon his failure or refusal to do so, his or her certificate of registration shall be revoked by said Board. If the holder of any certificate of registration issued under this Act shall attempt to follow the occupation of a cosmetologist while suffering with any infectious or contagious disease, said certificate of registration shall be revoked by the Board. Certificates of
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registration issued under the provisions of this Act shall be renewed on or before the 31st day of December of each year by the holder of same, paying to the Joint Secretary, State Examining Board a renewal fee of five ($5.00) dollars. The hold~r 'must also satisfy the Board that he or she is free from infectious or contagious disease. Upon failure to renew such certificate of registration, it shall stand automatically revoked and the holder shall be disqualified until all fees to date of application for reinstatement shall be paid. Upon failure to so renew such certificate of registration, it shall be automatically revoked, and the holder of same shall be disqualified until application for reinstatement shall be made, and a reinstatement fee of five ($5.00) dollars paid to the Joint Secretary, State Examining Board.
SECTION 14
The Joint Secretary, State Examining Board, shall keep a record of all proceedings of the Georgia State Board of Cosmetology and shall keep a register in which shall be entered the names of all persons to whom certificates of registration are issued, which register shall be open at all times for public inspection. Said records and register shall be prima facie evidence of all matters required to be kept therein, and certified copies of same or parts of same shall be primary evidence of their contents; and all such copies, other documents or certificates lawfully issued upon the authority of the Georgia State Board of Cosmetology, shall when authenticated under the seal of said Board be admitted in any investigation in any court or elsewhere without further proof.
SECTION 15
All beauty shops or salons shall be registered with the Joint Secretary, State Examining Board, by the owner or manager thereof on or before July 1st of each year. Said registration shall be made in letter form and shall include the name and location of the be~uty shop or salon; the name and address of the owner; and the names and addresses of all employees of the shop or salon at the time of registration; and shall be accompanied by a registration fee of five ($5.00) dollars for the first year of doing business and a fee of five ($5.00) dollars each year thereafter, to take effect on .July 1, 1963. All beauty schools,
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colleges and schools of cosmetology shall register with the Joint Secretary, State Examining Board, by the owner or manager thereof on or before July 1, 1963 and each year thereafter. Said registration shall be made in letter form and shall include the name and location of the beauty schools or colleges; the name and address of the owner; and the names and addresses of all employees of the schools or colleges at the time of registration and shall be accompanied by a registration fee of one hundred ($100.00) dollars for the first year of doing business and a fee of fifty ($50.00) dollars each year thereafter, to take effect on July 1, 1963. The Board is hereby authorized and directed to issue a certificate of registration to each shop, salon, school or college so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, school or college. Any person or persons who are engaged in working as a beauty operator or in the operation of a beauty shop, salon, school, college or school of cosmetology at the time of the adoption of this Act, shall upon request to the Board and payment of the requisite fee be automatically entitled to a certificate of registration for such shop, salon, school, college or school of cosmetology if said request and fee is submitted within six months of the effective date of this Act.
SECTION 16
If any person now lawfully entitled to a certificate of registration under this Act shall practice the occupation of a cosmetologist, or if any such person shall endeavor to learn the trade of a cosmetologist by practicing the same under the instructions of a cosmetologist or other person, other than as in said Act provided, or if any such person shall instruct or attempt to instruct any person in such trade; or if any proprietor of or person in control of or operating any beauty shop, beauty school, college or school of cosmetology shall knowingly employ for the purpose of practicing such occupation any cosmetologist not registered under this Act, or if any person, beauty shop, salon, beauty school, college or school of cosmetology shall engage in any of the acts covered in this Act not registered under the provisions of this Act, or beauty school shall instruct or attempt to instruct, such trade any person not registered under the provisions of this Act, or if any person shall falsely or fraudulently pretend to be qualified under this Act, to practice or learn such
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trade or occupation, or if any person shall violate any provision of the Act for which a penalty is not specifically provided, he shall be guilty of a misdemeanor.
SECTION 17
Any person operating or managing a beauty shop, salon, school, college or school of cosmetology that employs a person not possessing a license as provided in this Act shall be guilty of a misdemeanor.
SECTION 18
Any person operating or managing a beauty shop, salon, school, college or school of cosmetology, engaging in either occupation on Sunday shall be guilty of a misdemeanor.
SECTION 19
This Act shall become effective on May 1, 1963.
SECTION 20
Nothing contained herein nor any rule or regulation adopted in implementation hereof shall be construed to prohibit any person or persons from operating a beauty shop within their homes or residences; provided it meets and complies with all of the provisions of this Act and the rules and regulations promulgated by the Georgia State Board of Cosmetology.
SECTION 21
All laws and parts of laws in conflict with this Act are hereby repealed.
SECTION 22
The Georgia State Board of Cosmetology may bring an equitable proceeding to enjoin by writ of injunction any person, firm, or corporation, who without being licensed or registered to do so by said Examining Board engages in or practices in the occupation of cosmetology herein regulated. The proceeding shall be filed in the county in which such person resides or in the case of a firm or corporation, which said firm or corpora-
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tion maintains its principal office, and unless it shall be made to appear that such person, firm or corporation so engaging or practicing cosmetology is licensed or registered the writ of injunction shall be issued and such person, firm or corporation perpetually enjoined from said activities throughout the State. It shall not be necessary in order to obtain the equitable relief herein provided for the Georgia State Board of Cosmetology to allege and prove that there is no adequate remedy at law. It is hereby declared that such unlicensed activities are a menace and a nuisance dangerous to the public health, safety and welfare.
Approved March 11, 1963. Amendments 1966 and 1967.
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