Employers of workers in positions requiring state licensure or certification should review new Department of Justice guidance about recent updates to the Servicemembers Civil Relief Act (SCRA) that make it easier for service members and spouses to meet state licensing requirements when relocated due to military orders. The rules make it easier for these military connected professionals to meet state licensing or certification requirements and organizations to hire relocating service members and their spouses to fill positions nurses, doctors, pharmacists, legal, insurance, education and other positions requiring licensure or certification under state law.
The Justice Department recently sent States a letter reminding them to evaluate their licensing practices for compliance with the December 23, 2024, SCRA amendments.
The amended SCRA rules now require all states to recognize as valid a medical or other professional license or certification of a service member or spouse of a service member when the servicemember or service member’s spouse:
- Has a covered license;
- Moves to another State due to military orders; and
- Submits an application to the licensing authority of the new State.
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- Has not been revoked or had discipline imposed by any State;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 application requirement is met by a submission by a servicemember or spouse to the new licensing authority that includes the following:
- Proof of military orders;
- 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 (A) the applicant is the person described and identified in the application; (B) all statements made in the application are true and correct and complete; (C) the applicant has read and understands the requirements to receive a license, and the scope of practice, of the State of the licensing authority; (D) the applicant certifies that the applicant meets and shall comply with requirements described in subparagraph (C); and (E) the applicant is in good standing in all States in which the applicant holds or has helda license.”
Under the updated law, a letter or any written communication from the servicemember’s commanding officer indicating a change in the servicemember’s duty status satisfies the requirement for proof of military orders (including orders for separation or retirement).
The new portability rules expedite the ability of health care and other organizations wishing to hire relocating service members or their spouses to clear health care or other licensing requirements.
If you have questions about this or other health care concerns, contact the author.
More Information
We hope this update is helpful. For more information about the or other health or other employee benefits, human resources, or health care developments, please contact the author Cynthia Marcotte Stamer via e-mail or via telephone at (214) 452 -8297.
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About the Author
Cynthia Marcotte Stamer is a Martindale-Hubble AV-Preeminent (highest/top 1%) practicing attorney recognized as a “Top Woman Lawyer,” “Top Rated Lawyer,” and “LEGAL LEADER™” in Health Care Law and Labor and Employment Law; among the “Best Lawyers In Dallas” in “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law recognized for her experience, scholarship, thought leadership and advocacy on health and other employee benefits, insurance, healthcare, workforce, HIPAA and other data and technology and other compliance in connection with her work with health care and life sciences, employee benefits, insurance, education, technology and other highly regulated and performance-dependent clients.
Board certified in labor and employment law by the Texas Board of Legal Specialization and a Fellow in the American College of Employee Benefits Counsel, Ms. Stamer is nationally recognized for her decades of leading edge experience on the design, sponsorship, administration and defense of health and other employee benefit, workforce, insurance, healthcare , data and technology and other operations to promote legal and operational compliance, reduce regulatory and other liability and promote other operational goals.
Along with her decades of legal and strategic consulting experience, Ms. Stamer also contributes her leadership and experience to many professional, civic and community organizations. She currently serves as Co-Chair of the ABA Real Property Trusts and Estates (“RPTE”) Section Welfare Plan Committee, Co-Chair of the ABA International Section International Employment Law Committee and its Annual Meeting Program Planning Committee, Chair Emeritus and Vice Chair of the ABA Tort Trial and Insurance (“TIPS”) Section Medicine and Law Committee, and Chair of the ABA Intellectual Property Section Law Practice Management Committee. She also has served as Scribe for the Joint Committee on Employee Benefits (“JCEB”) annual agency meetings with the Department of Health and Human Services and JCEB Council Representative, International Section Life Sciences Committee Chair, RPTE Section Employee Benefits Group Chair and a Substantive Groups Committee Member, Health Law Section Managed Care & Insurance Interest Group Chair, as TIPS Section Medicine and Law Committee Chair and Employee Benefits Committee and Workers Compensation Committee Vice Chair, Tax Section Fringe Benefit Committee Chair, and in various other ABA leadership capacities. Ms. Stamer also is a former Southwest Benefits Association Board Member and Continuing Education Chair, SHRM National Consultant Board Chair and Region IV Chair, Dallas Bar Association Employee Benefits Committee Chair, former Texas Association of Business State, Regional and Dallas Chapter Chair, a founding board member and Past President of the Alliance for Healthcare Excellence, as well as in the leadership of many other professional, civic and community organizations. She also is recognized for her contributions to strengthening health care policy and charitable and community service resolving health care challenges performed under PROJECT COPE Coalition For Patient Empowerment initiative and many other pro bono service involvements locally, nationally and internationally.
Ms. Stamer is the author of many highly regarded works published by leading professional and business publishers, the ABA, the American Health Lawyers Association, and others. Ms. Stamer also frequently speaks and serves on the faculty and steering committee for many ABA and other professional and industry conferences and conducts leadership and industry training for a wide range of organizations.
For more information about Ms. Stamer or her health industry and other experience and involvements, see http://www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.
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