Justice Department Letter Highlights New Spouse License-Portability Rules

Justice Department Letter Highlights New Spouse License-Portability Rules
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A July 13 letter from the Justice Department to state licensing authorities outlines important new legal provisions in a law designed to help military spouses maintain their professional licenses after a PCS move.

 

The Veterans Auto and Education Improvement Act of 2022, which became law in January, adds language to the Servicemembers Civil Relief Act (SCRA) allowing greater license portability across state lines. The letter to the states from Kristen Clarke, assistant attorney general for the Justice Department’s Civil Rights Division, outlines the steps required under the new law for a spouse’s (or a servicemember’s) professional license to remain intact after a move:

  • The move must take the family outside the original licensing jurisdiction.
  • The spouse or servicemember must provide a copy of military orders to the new jurisdiction, and must have used the license in the two years before the move.
  • The license-holder must “remain in good standing” with the original licensing authority, as well as any other body with similar licensing authority.
  • Follow guidelines from the new licensing authority regarding “standards of practice, discipline, and fulfillment of any continuing education requirements.”

 

The letter explains these new rules apply in instances where there is no interstate compact regarding professional licenses or certificates. Such agreements remain in place, but they do not cover all states or all professions.

 

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MOAA’s Work

MOAA has long supported efforts from the Defense-State Liaison Office to develop interstate compacts to improve license portability for military spouses. While the passage of the Military Spouse Licensing Relief Act was not one of MOAA’s goals, it is necessary to work to ensure the implementation of the legislation is successful.

 

In April, MOAA signed onto a letter to key congressional leaders seeking a commitment of federal funds to ensure “the burden of implementing the provisions of the Military Spouse Licensing Relief Act is not foisted onto military spouses, who are already juggling family requirements and their service members’ job responsibilities.”

 

The letter, written by the ASPIRE (Alliance for States Providing Interoperable Reciprocity) Coalition and Blue Star Families, makes clear that full funding support is necessary “to end the confusing, time-consuming, and costly path currently required for transferring a license that overburdens our nation’s military families.”

 

[RELATED: Top Corporations Still Slow to Address Military Spouse Unemployment]

 

These resources, and others, designed to bolster the professional success of military spouses are critical to military retention and the overall health of the all-volunteer force. Keep up with MOAA’s latest advocacy efforts in this area and others by registering at our Legislative Action Center.

 

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About the Author

Kevin Lilley
Kevin Lilley

Lilley serves as MOAA's digital content manager. His duties include producing, editing, and managing content for a variety of platforms, with a concentration on The MOAA Newsletter and MOAA.org. Follow him on X: @KRLilley