06 LC 25
4391S
House
Bill 1170 (COMMITTEE SUBSTITUTE)
By:
Representatives Parsons of the
42nd,
Williams of the
4th,
Hembree of the
67th,
Heard of the
104th,
Smith of the
70th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating
to cosmetologists, so as to change certain provisions relating to the Board of
Cosmetology; to change certain provisions relating to examination fees for
application for certificate of registration; 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.
Chapter
10 of Title 43 of the Official Code of Georgia Annotated, relating to
cosmetologists, is amended by striking subsection (c) of Code Section 43-10-2,
relating to creation of the Board of Cosmetology, and inserting in lieu thereof
the following:
"(c)
The board shall meet as necessary each year for the purpose of
holding
examinations, adopting rules and
regulations, and handling other matters pertaining to duties of the board.
Board members
may attend and observe all written and practical examinations held for
certificates of registration pursuant to this
chapter."
SECTION
2.
Said
chapter is further amended by striking Code Section 43-10-9, relating to
application for certificate of registration, examination, work permit,
reciprocity, study at technical college or public school, and eligibility of
licensed barber, and inserting in lieu thereof the following:
"43-10-9.
(a)
Any person desiring to obtain a certificate of registration to enable him or her
to engage in the occupation of cosmetology shall make application through the
division director to the board and shall present proof that he or she has
obtained a high school diploma, a general educational development (GED) diploma,
or a postsecondary education or college degree. If, after review of the
application, it is determined that the applicant is at least 17 years of age;
has met the minimum educational requirements; is of good moral character; has
completed a 1,500 credit hour study course with at least nine months at a board
approved school or has served as an apprentice in a beauty shop or beauty salon
for a period of at least 3,000 credit hours; has practiced or studied the
occupation of cosmetology; is possessed of the requisite skill in such
occupation to perform properly all the duties of the occupation, including his
or her ability in the preparation of tools, in performing the services mentioned
in paragraph (4) of Code Section 43-10-1, and in all the duties and services
incident thereto;
has paid to
the division director an examination fee in such amount as shall be set by the
board by regulation; and has presented himself or herself at the next meeting of
the board held for examination of applicants at which such person is scheduled
for examination and has passed both a
written and a practical examination
approved by
the board, a certificate of registration
shall be issued to him or her entitling him or her to practice the occupation of
master cosmetologist. Notwithstanding any other provisions of this subsection,
the board shall be authorized to waive any education requirements under this
subsection in cases of hardship, disability, or illness or under such other
circumstances as the board deems appropriate with respect to any applicant who
was enrolled in a board approved school or had completed a board approved study
course as of June 30, 2000.
(b)
Should an applicant under this Code section fail to pass the written or the
practical examination, the board shall furnish the applicant a statement in
writing, stating wherein the applicant was deficient. Nothing in this chapter
shall be construed to prevent applicants from making subsequent applications to
qualify under this Code section, provided they again pay the required
examination fee.
(c)
An approved applicant for examination under this Code section may be issued a
work permit authorizing said applicant to practice such occupation until the
release of the results of the written and the practical examination for which
the applicant is scheduled. If the applicant fails to appear for the
examination or fails any portion of the examination, the work permit shall be
revoked unless the applicant provides just cause to the board as to why the
applicant was unable to appear for the examination.
(d)
Should an applicant have a current cosmetology license in force from another
state or country, or territory of the United States, or the District of
Columbia, where similar reciprocity is extended to this state and licensure
requirements are substantially equal to those in this state,
and have
paid to the division director a fee in such amount as shall be set by the board
by regulation
and pays a fee
and submits an application, the applicant
may be issued, without examination, a certificate of registration at the
appropriate level, entitling the applicant to practice the occupation of
cosmetology or the teaching of cosmetology at that level, unless the board, in
its discretion, sees fit to require a written or a practical examination subject
to the terms and provisions of this chapter. Notwithstanding any other
provisions of this subsection, the board shall be authorized to waive any
education or experience requirements applicable to any person who holds a
current license or certificate to practice cosmetology outside of this state and
who desires to obtain a license or certificate at a level authorized under this
Code section to practice at such level in this state in cases of hardship,
disability, or illness or under such other circumstances as the board deems
appropriate.
(e)
Any person desiring to obtain a certificate of registration at the esthetician
level under the terms of this chapter shall make application through the
division director to the board and shall present proof that he or she has
obtained a high school diploma, a general educational development (GED) diploma,
or a postsecondary education or college degree. If, after review of the
application, it is determined that the applicant is at least 17 years of age;
has met the minimum educational requirements; is of good moral character; has
completed a 1,000 credit hour study course of at least nine months at a board
approved school or has served as an apprentice in a beauty shop or beauty salon
for a period of at least 2,000 credit hours; has practiced or studied cosmetic
skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of
the requisite skill to perform properly these services;
has paid to
the division director an examination fee in such amount as shall be set by the
board by regulation; and has presented himself or herself at the next meeting of
the board for examination of applicants at which such person is scheduled for
examination and has passed a written and a
practical examination
approved by
the board, a certificate of registration
shall be issued to the applicant entitling the applicant to practice the
occupation of cosmetology at the esthetician level. Notwithstanding any other
provisions of this subsection, the board shall be authorized to waive any
education requirements under this subsection in cases of hardship, disability,
or illness or under such other circumstances as the board deems appropriate with
respect to any applicant who was enrolled in a board approved school or had
completed a board approved study course as of June 30, 2000.
(f)
Any person desiring to obtain a certificate of registration at the nail
technician level under the terms of this chapter shall make application through
the division director to the board and shall present proof that he or she has
obtained a high school diploma, a general educational development (GED) diploma,
or a postsecondary education or college degree. If, after review of the
application, it is determined that the applicant is at least 17 years of age;
has met the minimum educational requirements; is of good moral character; has
completed a 525 credit hour study course of at least four months at a board
approved school or has served as an apprentice in a beauty shop or beauty salon
for a period of at least 1,050 credit hours; has practiced or studied nail care;
is possessed of the requisite skill to perform properly these services;
has paid to
the division director an examination fee in such amount as shall be set by the
board by regulation; and has presented himself or herself at the next meeting of
the board held for examination of applicants at which such person is scheduled
for examination and has passed both a
written and a practical examination
approved by
the board, a certificate of registration
shall be issued to the applicant entitling the applicant to practice the
occupation of cosmetology at the nail technician level. Notwithstanding any
other provisions of this subsection, the board shall be authorized to waive any
education requirements under this subsection in cases of hardship, disability,
or illness or under such other circumstances as the board deems appropriate with
respect to any applicant who was enrolled in a board approved school or had
completed a board approved study course as of June 30, 2000.
(g)
Nothing in this Code section shall be construed as preventing a person from
obtaining a certificate of registration for the occupation of cosmetology at the
master level, the esthetician level, or the nail technician level if such person
obtains his or her credit hour study at a State Board of Education approved
school or a technical college under the jurisdiction of the Department of
Technical and Adult Education or the Department of Education rather than at a
board approved school.
(h)
A person licensed to practice barbering under Chapter 7 of this title shall be
eligible to take the master cosmetologist examination provided for in this Code
section if that person completes a board approved 250 hour prescribed course in
an approved cosmetology school, submits a completed application, and pays the
proper fees established by the board.
(i)
Board members may attend and observe all written and practical examinations held
for certificates of registration pursuant to this Code
section."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.