§ 43-10-1. Definitions.

CODE OF GEORGIA

Title 43. PROFESSIONS AND BUSINESSES

Chapter 10. COSMETOLOGISTS AND BARBERS

Current through 2019 Chapter 321

§ 43-10-1. Definitions

As used in this chapter, the term:

(1) "Barber apprentice" means an individual who practices barbering under the constant and direct supervision of a licensed master barber.
(2) "Barber II" means an individual who performs any one or more of the following services for compensation:
(A) Shaving or trimming the beard;
(B) Cutting or dressing the hair;
(C) Giving facial or scalp massages; or
(D) 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.
(3) "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.
(4) "Beautician" means "cosmetologist" as such term is defined in this Code section.
(5) "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.
(6) "Board" means the State Board of Cosmetology and Barbers.
(7) "Cosmetologist" means any individual who performs any one or more of the following services for compensation:
(A) Cuts or dresses the hair;
(B) 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;
(C) Singes and shampoos the hair, colors or dyes the hair, or does permanent waving, relaxing, or straightening of the hair;
(D) Performs the services of a nail technician as defined in paragraph (12) of this Code section; or
(E) 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.

(8) "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:
(A) Massaging the face, neck, decolletage, or arms of an individual;
(B) Trimming, tweezing, shaping, or threading eyebrows;
(C) Dyeing eyelashes or eyebrows or applying eyelash extensions; or
(D) 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.

(9) "Hair designer" means an individual who performs any one or more of the following services for compensation:
(A) Cuts or dresses the hair; or
(B) 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.
(10) "Master barber" means an individual who performs any one or more of the following services for compensation:
(A) Shaving or trimming the beard;
(B) Cutting or dressing the hair;
(C) Giving facial or scalp massages;
(D) 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
(E) Singeing and shampooing the hair, coloring or dyeing the hair, or permanently waving, relaxing, or straightening the hair.
(11) "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.
(12) "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.
(13) "Person" means any individual, proprietorship, partnership, corporation, association, or other legal entity.
(14) "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."
(15) "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."
(16) "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."
(17) "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."
(18) "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."

Cite as OCGA § 43-10-1

History. Amended by 2018 Ga. Laws 531, §3, eff. 7/1/2018.

Amended by 2015 Ga. Laws 199, §2, eff. 7/1/2015.

Amended by 2008 Ga. Laws 472, §7, eff. 7/1/2008.

Amended by 2006 Ga. Laws 905, §1, eff. 5/5/2006.

Amended by 2001 Ga. Laws 337, §1, eff. 7/1/2001.