Key Changes in Professional License Portability Under the Servicemembers Civil Relief Act (SCRA) – Effective December 23, 2024

Key Changes in Professional License Portability Under the Servicemembers Civil Relief Act (SCRA)

In December 23, 2024, significant updates to the Servicemembers Civil Relief Act (SCRA) went into effect, bringing much-needed changes that support military families. These changes focus on the portability of professional licenses, making it easier for servicemembers and their spouses to transfer their licenses from one state to another, ensuring their careers can continue seamlessly despite frequent relocations. The updated law eliminates many of the hurdles military families face when moving, allowing them to continue working in their professions without unnecessary delays.

The SCRA, initially passed in 2003, has been a vital piece of legislation protecting servicemembers from certain legal and financial challenges while they are deployed or reassigned. With the introduction of license portability in December 2024, the law now ensures that military personnel and their families can transition more easily between states in terms of employment.

Here’s an overview of the key changes to the law and the necessary components for applying to use a covered license in a new state.

Key Changes in Professional License Portability Under the SCRA

1. Automatic Recognition of Out-of-State Licenses
The most significant change is that states are now required to automatically recognize valid professional licenses from other states, provided the servicemember has held the license for a specified period. This provision allows military personnel to practice their profession in a new state without the need for retesting or additional state-specific training. For example, a servicemember licensed as a nurse in California will be able to continue working as a nurse in Texas without needing to meet additional requirements unless required by state law for certain high-risk professions.

This change removes a major barrier for servicemembers who are constantly relocating due to their military assignments. However, some states may still impose certain state-specific exams or training requirements for certain professions, but the automatic recognition removes most of the bureaucratic delays.

2. Portability for Military Spouses
This update extends the same protections to military spouses. Military spouses often face challenges finding and maintaining stable employment due to frequent moves, and this law ensures that a licensed spouse can more easily transfer their professional license from one state to another. Whether they work in healthcare, education, or other licensed professions, the new law makes it easier for them to continue their careers while supporting their servicemember spouse.

3. Expedited Processing of License Applications
States are now required to expedite the processing of license applications for both servicemembers and their spouses. This provision ensures that military families will experience faster processing times for license renewals or initial applications, enabling them to return to their profession without unnecessary delays. Whether a license is expiring or needs to be renewed, servicemembers will no longer be left waiting for long periods before resuming work.

4. State Coordination and Interstate Compacts
The law encourages states to enter into interstate compacts or agreements that standardize licensing requirements across states. This means that, in addition to making it easier for military families to transfer licenses, states will work together to ensure that requirements are consistent, reducing confusion and making the process smoother for servicemembers. Interstate compacts can streamline licensing requirements in fields with strict regulations, such as healthcare and law.

5. Provisions for Licenses Expiring During Military Service
The law also includes provisions for servicemembers whose professional licenses expire while they are deployed or stationed away from home. In these cases, the law provides a temporary extension of the license to ensure that military service does not impact the servicemember’s ability to maintain their professional credentials. This extension ensures that they can continue working in their licensed profession once they return to civilian life, even if their license expires during deployment.

Components of an Application to Use a Covered License in Another State

Now that the new law is in effect, servicemembers and their spouses may need to apply to use their covered licenses in a new state. The application process has been streamlined, but there are still a few essential components that must be included for the process to be successful.

1. Proof of Military Status
The first component of the application is proof of military status. Applicants will need to submit documentation that verifies their active-duty status or, in the case of spouses, that they are married to a servicemember. This may include a copy of military orders or a statement from the commanding officer. For spouses, a marriage certificate and documentation of the servicemember’s military status may be required.

2. License Verification
Applicants must provide proof of their valid, current license from the state where it was originally issued. This typically involves submitting a copy of the license or a verification statement from the licensing board in the original state. The document must indicate that the license is active and in good standing.

3. Application for License Transfer
The servicemember or spouse must complete an application for license transfer with the licensing authority in the new state. The form may be available online through the state’s licensing website. In most cases, the application will require basic information such as the applicant’s name, contact details, profession, and license number.

4. Supporting Documentation (If Required)
While many states will recognize out-of-state licenses automatically, some states may require additional documentation. For instance, if a state requires an exam or additional training for certain professions, the applicant may need to submit transcripts, training records, or proof of continuing education. In these cases, it’s important to check the new state’s requirements to ensure that all necessary documents are submitted with the application.

5. Application Fee (If Applicable)
Some states may charge a fee to process the transfer of an out-of-state license. Applicants should check the new state’s licensing website for any fees associated with the application. In many cases, the fees are lower for military personnel or spouses, or they may be waived entirely under the new law.

6. Confirmation of License Recognition
Once the application is submitted, the licensing authority in the new state will confirm the recognition of the license, either granting the ability to practice immediately or advising the applicant of any additional requirements. In most cases, the process will be faster due to the expedited processing provisions in the new law.

Conclusion

The implementation of professional license portability under the Servicemembers Civil Relief Act, effective December 23, 2024, marks a significant step in supporting military families. With provisions for automatic recognition of out-of-state licenses, portability for spouses, expedited processing, and streamlined interstate coordination, the new law ensures that servicemembers and their families can continue their careers without unnecessary delays.

By understanding the necessary components of the application process, military families can navigate the new system with ease. With these updates, military personnel and their spouses will find it much easier to maintain their professional licenses, contribute to the workforce, and pursue their career goals, no matter where their military journey takes them.

About the Author and Patriots Law Group

Patrick J. Hughes is a founder of Patriots Law Group and a U.S. Air Force veteran. He focuses his practice on federal employment law, security clearance issues, military administrative law, and military pay cases. With extensive experience representing military personnel and federal employees, Patrick is dedicated to providing exceptional legal services to those who serve our nation.

Patriots Law Group is a veteran-owned law firm committed to serving the military and national defense community. Our mission is to help military and Department of Defense clients solve complex employment, security clearance, divorce, and military legal problems.

To reach our firm, please visit our website at www.patriotslaw.com or call us at (301) 952-9000.

Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. For advice regarding your specific situation, please consult an attorney.