The U.S. Department of Justice has issued a reminder to state occupational licensing authorities regarding their obligations under the Servicemembers Civil Relief Act (SCRA). This initiative aims to facilitate the transfer of occupational licenses for military spouses and service members relocating due to military orders. The Justice Department’s communication follows what it describes as “concerning trends” that hinder military families from easily obtaining necessary professional licenses when they move to new states.
The SCRA allows service members and their spouses to retain their professional licenses or certificates, easing transitions during relocations. A recent survey conducted by the Defense Department revealed that 28% of active duty spouses reported needing to acquire new professional licenses in fields such as nursing, teaching, or real estate after their latest Permanent Change of Station (PCS) move.
In a letter dated December 22, Harmeet K. Dhillon, Assistant Attorney General for the Justice Department’s Civil Rights Division, urged states to enhance training for frontline staff on the SCRA. According to the letter, many applicants encounter misdirection and are often led to generic application portals that do not cater to SCRA license portability. “Even when applicants explicitly inquire about SCRA portability, they are frequently informed that such a pathway does not exist,” Dhillon stated.
The Justice Department has initiated several investigations into these licensing issues and is actively working with state licensing boards to implement more favorable policies. The department is empowered to file lawsuits in federal district courts under the SCRA, and it supported military spouse teacher Hannah Magee Portée in her successful 2023 case against Texas for not recognizing her licenses from Missouri and Ohio.
Changing Regulations Affect Military Families
Recent amendments to the SCRA may inadvertently complicate matters for some military spouses. Critics express concern that the revised law may exclude military spouses covered by interstate licensing compacts when moving to non-compact states. Such compacts allow states to mutually recognize occupational licenses, benefiting military families who relocate frequently.
Under the updated law, if a service member or spouse possesses a license that was valid in multiple states due to an interstate compact, they may not be eligible for SCRA portability upon moving to a state that does not participate in such agreements. For instance, a nurse relocating to California, which has not adopted a nurse reciprocity compact, could lose out on the protections the SCRA typically affords.
Don Berry, a retired Air Force colonel and advocate for military spouse license portability, emphasized the need for Congress to address this potential oversight. “Legislation should ensure that multistate license holders relocating to non-compact states are still covered,” he said, highlighting the complexities military families face.
Despite these challenges, some states have established more favorable processes regarding license portability than those stipulated by the SCRA. The revised law also introduces other significant changes, such as allowing a letter from a commanding officer to suffice as proof of military orders, facilitating a smoother transition for military families.
Additional updates include provisions for temporary licenses if a permanent license cannot be issued within 30 days of application receipt, and the elimination of the requirement for applicants to have actively used their licenses within two years prior to moving.
In a noteworthy addition, the revised SCRA now includes protections for law licenses, which were previously excluded. Dhillon communicated to state bar and court systems that any additional demands beyond what federal law requires from SCRA applicants would be considered illegal. This includes prohibiting requests for transcripts or bar exam scores from applicants seeking license portability.
The ongoing efforts by the Justice Department reflect a broader commitment to supporting military families as they navigate the complexities of occupational licensing across state lines. As advocacy continues, the hope remains that legislative adjustments will provide the necessary protections for military spouses and enhance their ability to maintain professional careers despite frequent relocations.
