Federal Protections for Licenses of Service Members and Their Spouses
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides numerous protections applicable in various settings. These include areas such as legal proceedings, housing, and recognition of occupational licenses. These rights apply to members of the armed forces and, where applicable, their spouses.
The SCRA isn’t a new law, but it’s received various updates over the years. One of the most prominent came in 2023 with the passage of the Military Spouse Licensing Relief Act. This amended the SCRA to make it easier for servicemembers and their spouses to transfer their professional licenses to new states when relocating for military-related reasons. Other changes came in 2024, one of which included law licenses to those transferable under the SCRA. Unfortunately, not all states understand the SCRA or have stayed current with the changes to the law. As a result, the U.S. Department of Justice wrote letters to state licensing authorities reminding them about SCRA professional license protections for service members and their spouses.
If you’re having issues with a state accepting your occupational license transfer, the Professional License Defense Team from the LLF National Law Firm can help. Schedule a consultation today online by calling 888-535-3686.
An Overview of the SCRA
Under the current version of the SCRA, an eligible servicemember or their spouse can use an existing professional license, certificate, or similar credential in a new state if they’ve received military orders requiring them to move. To enjoy these privileges, the servicemember or their spouse must:
- Possess a license or credential that’s covered by the SCRA;
- Have moved to another state due to military orders; and
- Apply for a license in the new state.
License Transfer Issues Under the SCRA
Even though the SCRA is a federal law and applies to all states, not all states have complied with the SCRA’s requirements.
For example, when some applicants have applied for a new license, there have been instances where state licensing authorities have told them that there was no special license application process that accounts for the SCRA. In other cases, applicants have been referred to a licensure process that doesn’t provide for a transfer option under the SCRA.
Another issue is that some states are requiring SCRA-covered individuals to provide more documentation than the SCRA requires. To receive SCRA license portability privileges, the applicant needs only to submit proof of military orders and a notarized affidavit. Spouses also need to submit a copy of their marriage certificate. However, some state licensure authorities are improperly asking for additional information, like transcripts or exam scores.
The SCRA Transfer Process Doesn’t Always Work
Even though frequent moving may be a part of military life, members of the armed forces and their spouses should still be able to practice their profession. This is true if they’re an APRN, CPA, or another occupation that requires a state license.
If you’ve recently moved and have had issues with your new home state accepting your license, contact the LLF National Law Firm. You can speak with a member of our Professional License Defense Team by calling 888-535-3686 or using our online contact form.