Title 50 — War and National Defense
Chapter 50 — Servicemembers Civil Relief
§ 4025a. Portability of professional licenses of servicemembers and their spouses
Statutory text
In general
If a servicemember or the spouse of a servicemember has a covered license and relocates residence because such servicemember receives military orders for military service in a State other than the State of the licensing authority that issued the covered license, such covered license shall be considered valid for the scope of practice in the State of the new residence if such servicemember or spouse submits to the licensing authority of such State an application described in subsection (c).
Temporary licenses
If a licensing authority is required to consider a covered license valid under subsection (a) but cannot carry out such requirement during the 30 days after receiving an application described in subsection (c), the licensing authority may issue to the applicant a temporary license that confers the same rights, privileges, and responsibilities as a permanent license.
Application
An application described in this subsection includes the following:
Proof of military orders described in subsection (a).
If the applicant is the spouse of a servicemember, a copy of the marriage certificate.
A notarized affidavit affirming, under the penalty of law, that—
the applicant is the person described and identified in the application;
all statements made in the application are true and correct and complete;
the applicant has read and understands the requirements to receive a license, and the scope of practice, of the State of the licensing authority;
the applicant certifies that the applicant meets and shall comply with requirements described in subparagraph (C); and
the applicant is in good standing in all States in which the applicant holds or has held a license.
Background checks
A licensing authority that receives an application described in subsection (b) may conduct a background check of the applicant before carrying out subsection (a) or (b).
Interstate compacts
If a servicemember or spouse of a servicemember has a covered license to operate in multiple States pursuant to an interstate compact described in section 1784 of title 10—
the servicemember or spouse of a servicemember shall be subject to the requirements of such compact or the applicable provisions of law of the applicable State; and
this section shall not apply to such servicemember or spouse of a servicemember.
Definitions
In this section:
The term “covered license” means a professional license that, with respect to a scope of practice—
is in good standing with the licensing authority that issued such license;
has not been revoked or had discipline imposed by any State;
does not have an investigation relating to unprofessional conduct pending in any State relating to it; and
has not been voluntarily surrendered while under investigation for unprofessional conduct in any State.
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 or herself to be a member of, a particular profession.
The term “licensing authority” means any State board, commission, department, or agency that—
is established in the State for the primary purpose of regulating the entry of persons into or the conduct of persons within, a particular profession; and
is authorized to issue licenses.
The term “military orders” has the meaning given such term in section 3955 of this title.
The term “scope of practice” means the defined parameters of various duties or services that may be provided by an individual under a license.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Veterans Auto and Education Improvement Act of 2022
Pub. L. 117–333 § 19(a) · 136 Stat. 6121
Enacted · 50 U.S.C. § 4025a
Oct. 17, 1940, ch. 888, title VII, § 705A, as added Pub. L. 117–333, § 19(a), Jan. 5, 2023, 136 Stat. 6137
Source evidence
Code source credit
Oct. 17, 1940, ch. 888, title VII, § 705A, as added Pub. L. 117–333, § 19(a), Jan. 5, 2023, 136 Stat. 6137Enacted provision · exact public law section
(a) In General.— Title VII of the Servicemembers Civil Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting after section 705 (50 U.S.C. 4025) the following new section: “SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF SERVICEMEMBERS AND THEIR SPOUSES. “(a) In General.— In any case in which a servicemember or the spouse of a servicemember has a covered license and such servicemember or spouse relocates his or her residency because of military orders for military service to a location that is not in the jurisdiction of the licensing authority that issued the covered license, such covered license shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such military orders if such servicemember or spouse— “(1) provides a copy of such military orders to the licensing authority in the jurisdiction in which the new residency is located; “(2) remains in good standing with— “(A) the licensing authority that issued the covered license; and “(B) every other licensing authority that has issued to the servicemember or the spouse of a servicemember a license valid at a similar scope of practice and in the discipline applied in the jurisdiction of such licensing authority; “(3) submits to the authority of the licensing authority in the new jurisdiction for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements. “(b) Interstate Licensure Compacts.— If a servicemember or spouse of a servicemember is licensed and able to operate in multiple jurisdictions through an interstate licensure compact, with respect to services provided in the jurisdiction of the interstate licensure compact by a licensee covered by such compact, the servicemember or spouse of a servicemember shall be subject to the requirements of the compact or the applicable provisions of law of the applicable State and not this section. “(c) Covered License Defined.— In this section, the term ‘covered license’ means a professional license or certificate— “(1) that is in good standing with the licensing authority that issued such professional license or certificate; “(2) that the servicemember or spouse of a servicemember has actively used during the two years immediately preceding the relocation described in subsection (a); and “(3) that is not a license to practice law.” .Pub. L. 118–159 div. A title V § 587 · 138 Stat. 1912
Amended · 50 U.S.C. § 4025a
Pub. L. 118–159 amended section generally. Prior to amendment, section related to portability of professional licenses of servicemembers and their spouses
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 118–159 amended section generally. Prior to amendment, section related to portability of professional licenses of servicemembers and their spouses.
1 of 2 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Amendments
2024—Pub. L. 118–159 amended section generally. Prior to amendment, section related to portability of professional licenses of servicemembers and their spouses.
Credits
1940–2024 · 2 acts
- 1940Oct. 17, 1940, ch. 888, title VII, § 705A, as added Pub. L. 117–333, § 19(a), , 136 Stat. 6137
- 2024amended Pub. L. 118–159, div. A, title V, § 587, , 138 Stat. 1912.
Show as published
(Oct. 17, 1940, ch. 888, title VII, § 705A, as added Pub. L. 117–333, § 19(a), , 136 Stat. 6137; amended Pub. L. 118–159, div. A, title V, § 587, , 138 Stat. 1912.)