The U.S. Department of Justice has issued a reminder to state occupational licensing authorities about their obligations under the Servicemembers Civil Relief Act (SCRA). This law facilitates the transfer of professional licenses for military spouses and service members when relocating due to military orders. The Department’s outreach follows a significant increase in reports regarding barriers faced by military families, particularly spouses, in maintaining their professional credentials during moves.
In a letter dated December 22, 2023, Harmeet K. Dhillon, Assistant Attorney General for the Justice Department’s Civil Rights Division, highlighted the need for states to improve their processes. The SCRA allows service members and their spouses to retain and use their professional licenses in new states. A 2024 Defense Department survey revealed that 28% of active duty spouses had to obtain a new professional license after their last Permanent Change of Station (PCS) move, underscoring the urgent need for clearer guidance and support.
According to the letter, many applicants are misdirected and often find themselves navigating generic application portals that do not mention the SCRA’s license portability provisions. “Even when applicants explicitly ask about SCRA portability, they have been told that no such pathway exists,” the letter stated. The Justice Department has initiated multiple investigations into these practices, aiming to educate state licensing boards and promote favorable policy changes.
The importance of this reminder is underscored by a notable case involving Hannah Magee Portée, a military spouse and teacher. The Justice Department supported her efforts in 2023 to secure license portability when Texas refused to recognize her teaching credentials from Missouri and Ohio. Portée ultimately won her case, establishing a precedent for future disputes.
While the SCRA has been beneficial, some advocates worry about recent changes to the law that may unintentionally limit protections for military spouses. The revised law could exclude certain military spouses from SCRA protections if they hold licenses covered by interstate licensing compacts but move to a noncompact state. These compacts allow states to recognize each other’s occupational licenses, currently applicable in up to 42 states for specific professions.
For instance, a nurse moving to California with a license recognized by an interstate compact would not qualify for SCRA portability, as California has not adopted a nurse reciprocity compact. Don Berry, a retired Air Force colonel and advocate for military spouse license portability, emphasized the need for Congress to address this issue, ensuring protections remain in place for those affected by interstate moves.
The Justice Department’s letter also outlines updates to the SCRA that aim to ease the burden on military families during relocations. It now allows service members to present a letter from their commanding officer, indicating a change in duty status, as proof of military orders, rather than waiting for official orders, which can be delayed. This change will help families expedite the often complex process of relocation.
Additionally, the law stipulates that licensing authorities must issue temporary licenses if a permanent license cannot be granted within 30 days of application receipt. There is no longer a requirement for applicants to have actively used their licenses within the two years preceding their move.
Importantly, the revised law has also extended protections to law licenses, which were previously excluded. Dhillon noted that the Department of Justice is actively collaborating with state bar associations to ensure compliance with the new requirements. She cautioned that any additional demands from SCRA applicants beyond federal law stipulations would be illegal, reinforcing the rights of military families.
The Justice Department’s ongoing efforts to educate state authorities about the SCRA and its implications could significantly improve the experience of military spouses seeking to maintain their professional licenses across state lines. As the military community continues to navigate the complexities of relocation, the commitment from federal authorities to uphold their rights remains crucial.
