Portability of Professional License
Servicemembers and their spouses

By Michael S. Archer
Legal Assistance Director
Marine Corps Installations East

1. So, you are licensed in your state as a nurse or optometrist or teacher or you have some other professional license. But you or your spouse has just received military orders to relocate out of the state covered by that license. Now what?

2. In January 2023, Congress amended the Servicemembers Civil Relief Act (SCRA) by adding a new section that addressed the portability of professional licenses (50 U.S.C. 4025a). It provided that, as long as certain conditions were met, the SM or spouse could use their professional license (excluding a law license) in the new state. On December 23, 2024 the National Defense Authorization Act for 2025 (HR 5009) was enacted, including section 587, a major revision of the previous law that had been passed less than two years earlier.

3. The most notable changes are (a) that law licenses, specifically excluded under the prior law, are now considered a covered license, (b) that the requirement that the license be actively used during the two-year period preceding the application in the new state has been eliminated, (c) that the term military orders includes a letter from the Commanding Officer verifying the orders, and (d) that the licensing authority may conduct a background investigation.

4. The SCRA now provides that a servicemember (SM) or the SM’s spouse who holds a professional license can, if certain requirements are met, continue to practice on that license outside the licensing jurisdiction. For example, Sgt Jane Jones receives military orders from state X to state Y. Her spouse, John Jones, a licensed high school guidance counselor in state X, travels with Sgt Jones to state Y.

5. John can serve as a guidance counsellor in state Y, if he submits an application to the licensing authority in state Y that includes:

• Military orders to relocate to state Y,
• Copy of marriage certificate (if civilian spouse is the applicant),
• Notarized affidavit affirming
• That the applicant is the person described in the application,
• That the statements made in the affidavit are true, correct, and complete,
• That the applicant has read and understands the requirements to receive a license and scope of practice of state Y,
• That there is no pending investigation of unprofessional conduct in any state, and
• That the applicant is a member in good standing in all states in which the applicant holds or has held a license.

6. The licensing authority may conduct a background investigation prior to issuing a license. If the licensing authority can not act on the application within 30 days, it may issue a temporary license.

7. The term “license” means “any license, certificate, or other evidence of qualification that an individual is required to obtain before the individual may engage in, or represent himself / herself to be a member of, a particular profession. “ The language of the previous statute, that specifically excluded law licenses, has been deleted.

8. The 2023 amendment required that the license had to have been actively used during the two years immediately preceding the relocation. This requirement had been the subject of federal litigation (Hannah Portee v Mike Morath, in his official capacity as Commissioner of Education, Texas Education Agency, and State Board for Educator Certification, Civil Action 1:23-CV-00551-RP Western Dist. TX, decided July 21, 2023.) The crux of the case was the interpretation of the requirement that the applicant must have “actively used [the license] during the two years immediately preceding the relocation.” Texas authorities maintained that the statute required continuous use during the two preceding years. The plaintiff maintained that the statute only requires that the license be used at any point during the preceding two years. The United States Department of Justice, filing a Statement of Interest, took the side of the plaintiff, as did, ultimately, the judge. In any event this case has become moot as a result of the statutory elimination of any requirement that the license be actively used prior to the relocation.

9. Interstate Compacts. The SCRA provides that if an interstate compact allows the SM or spouse who relocates to a new jurisdiction to practice in that jurisdiction, the terms and requirements of the interstate compact, and not the terms of the license portability section of the SCRA, shall be applicable.

10. The practical import of the SCRA license portability provision was pointed out in the U.S. Department of Justice Statement of Interest in the Texas case. Military spouses are commonly employed at occupations requiring a professional license, the top three being teacher, childcare worker, and registered nurse. Military spouses also have a 21% unemployment rate, about five times higher than the general population, likely exacerbated by frequent moves. Thus, the license portability provision should help support current military families, and assist in retention and recruitment.

11. The military legal assistance office can assist concerning the SCRA and can assist you to file a complaint of SCRA violation with the Department of Justice Servicemembers and Veterans Initiative at https://www.justice.gov/servicemembers . The Department initiates enforcement action in appropriate cases.

Rev: 18 February 2025