Teaching of Barbering or the Practice of a Cosmetologist in Prisons; Certification of Registration

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  1. For the purposes of this chapter, the teachers and instructors of and courses of instruction or training in barbering or the practice of a cosmetologist operated by the Department of Corrections shall be considered to be subject to the same standards and to be part of the cosmetologist programs that are approved by the Technical College System of Georgia or the Department of Education as provided for by paragraphs (14) through (18) of Code Section 43-10-1 and paragraph (8) of subsection (e) of Code Section 43-10-12.
  2. The board shall be required to test an inmate who is an applicant for a certificate or registration under this chapter who has completed successfully a barber or cosmetologist training program operated by the Department of Corrections and who meets the requirements stated in Code Section 43-10-9. If such inmate passes the applicable written and practical examinations, the board may issue the appropriate certificate of registration to such inmate after consideration of all requirements under Code Sections 43-10-9 and 43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4) of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such person's status as an inmate and shall apply such provisions in the same manner as would otherwise be applicable to an applicant who is not an inmate.

(Code 1981, §43-10-20, enacted by Ga. L. 2004, 617, § 1; Ga. L. 2008, p. 335, § 7/SB 435; Ga. L. 2011, p. 752, § 43/HB 142; Ga. L. 2015, p. 1287, § 2/HB 314.)

The 2015 amendment, effective July 1, 2015, in subsection (a), substituted "barbering or the practice of a cosmetologist" for "cosmetology" near the beginning, substituted "cosmetologist programs" for "cosmetology programs" near the middle, and substituted "paragraphs (14) through (18)" for "paragraphs (10), (11), (130, and (14)" near the end; and substituted "barber or cosmetologist" for "cosmetology" in the first sentence of subsection (b).

Cross references.

- Vocational training of inmates, § 42-10-4.

Editor's notes.

- Former O.C.G.A. § 43-10-20 was part of the original Code enactment (Ga. L. 1981, Ex. Sess., p. 8) and was amended by Ga. L. 1986, p. 843, § 5 and Ga. L. 1992, p. 2490, § 3.

Ga. L. 2000, p. 814, § 1, effective July 1, 2000, purportedly repealed this Code section which had been previously repealed by Ga. L. 1992, p. 3137, § 9, effective July 1, 1992.

CHAPTER 10A PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS

Sec.

  • 43-10A-1. Short title.
  • 43-10A-2. Declaration of purpose.
  • 43-10A-3. Definitions.
  • 43-10A-4. Creation of board; composition; appointment; removal; vacancies.
  • 43-10A-5. Requirement of oath; quorum; powers and duties of board; ethics; reimbursement of members; meetings.
  • 43-10A-6. Separate standards committees for professional counseling specialty, social work specialty, and marriage and family therapy specialty.
  • 43-10A-7. Licensing requirement; exceptions.
  • 43-10A-8. Eligibility for licensure.
  • 43-10A-9. Examination.
  • 43-10A-10. Licensure without examination.
  • 43-10A-11. Requirements for licensure in professional counseling.
  • 43-10A-12. Requirements for licensure in social work; authorized services.
  • 43-10A-13. Requirements for licensure in marriage and family therapy.
  • 43-10A-14. Fees.
  • 43-10A-15. Expiration, renewal, and penalty dates.
  • 43-10A-16. Requirements for continuing education.
  • 43-10A-17. Denial or revocation of license; other discipline; subpoenas; judicial review; reinstatement; investigation; immunity; failure to appear; voluntary surrender of license; other applicable law.
  • 43-10A-18. Availability of injunction in enforcement of chapter.
  • 43-10A-19. Obtaining license by fraudulent representation.
  • 43-10A-20. Penalty.
  • 43-10A-21. Restrictions on use of terms in corporate, partnership, association, or business names.
  • 43-10A-22. Restrictions on scope of chapter.
  • 43-10A-23. Insurance coverage for specialty practitioners.
  • 43-10A-24. Termination [Repealed].
Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, former Chapter 7A was redesignated as present Chapter 10A.

Administrative Rules and Regulations.

- Organization, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists, Chapter 135-1.

Code of Ethics, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists, Chapter 135-7.

Law reviews.

- For comment, "The Psychotherapist-Client Testimonial Privilege: Defining the Professional Involved," see 34 Emory L.J. 777 (1985).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

Social Worker Malpractice for Failure to Protect Foster Children, 41 Am. Jur. Trials 1.

Clergy Malpractice for Negligent Counseling, 47 Am. Jur. Trials 271.

Trial Report: Third Party Suit Against Therapists for Implanting False Memory of Childhood Molestation, 57 Am. Jur. Trials 313.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Defamation of psychiatrist, psychologist, or counselor, 38 A.L.R.4th 874.


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