Two laws apply to the occupational licensure of current and former military members and their spouses, the Servicemembers Civil Relief Act (SCRA) and the Arkansas Occupational Licensing of Uniformed Service Members, Veterans, and Spouses Act of 2021. For active duty and their spouses, the federal law is controlling but because it does not extend to veterans and their spouses, the state law controls requirements for those individuals.
Overview of Licensure Reciprocity for Active Duty, Veterans, and their Spouses
Two laws apply to the occupational licensure of current and former military members and their spouses, the Servicemembers Civil Relief Act (SCRA) and the Arkansas Occupational Licensing of Uniformed Service Members, Veterans, and Spouses Act of 2021. For active duty and their spouses, the federal law is controlling but because it does not extend to veterans and their spouses, the state law controls requirements for those individuals.
Active-Duty Military and their Spouses
On January 5, 2023, the SCRA was amended to provide a way for those who have a PCS move to carry their license with them to their new duty station. This reduces the burdens associated with interstate military moves and allows military spouses to obtain meaningful employment more easily.
Other Uniformed Service Members, Veterans, and their Spouses
The act is intended to help uniformed service member, veterans, and their spouse by removing barriers that impede the launch and sustainability of civilian occupational careers and employment faced by uniformed service members, uniformed service veterans, and their spouses. Under the Act “Uniformed Service Members” include those also covered under the SCRA. “Uniformed Service Veterans” are defined as a former member of the United States uniformed services discharged under conditions other than dishonorable.
Active-Duty Military and their Spouses
The new SCRA provision allows servicemembers and their spouses to use their professional licenses and certificates in certain circumstances when they must relocate due to military orders. For a license to be considered valid in a new location, a servicemember or their spouse must satisfy the following five criteria:
- Have moved to a location outside the jurisdiction of the licensing authority that issued the covered license or certificate because of orders for military service;
- Provide a copy of the military orders to the licensing authority in the new jurisdiction;
- Have actively used the license or certificate during the two years immediately preceding the move;
- Remain in good standing with:
- the licensing authority that issued the covered license or certificate; and
- every other licensing authority that issued a license or certificate valid for a similar scope of practice and in the discipline applied for in the new jurisdiction; and
- Submit 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.Submit 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.
Other Uniformed Service Members, Veterans, and their Spouses
The Arkansas act creates two licensing pathways for veterans and their spouses, automatic or expedited.
Who does it apply to?
- Uniformed Service Members that the SCRA does not cover
- Uniformed Service Veteran who resides in or establish residency in Arkansas.
- The spouse of a Uniformed Service Member that the SCRA does not cover.
- The spouse of a Uniformed Service Veteran who resides in or establish residency in Arkansas.
- The spouse of a Uniformed Service Member who is assigned a tour of duty that excludes the uniformed service member’s spouse from accompanying the uniformed service member and the spouse relocates to this state;
- A uniformed service member who is killed or succumbs to his or her injuries or illness in the line of duty if the spouse establishes residency in the state.
Automatic licensure
Certain licensing entities provide automatic licensure under the state law. The individual must contact one of the listed licensing functions and
- the individual is a holder in good standing of occupational licensure with similar scope of practice issued by another state, territory, or district of the United States; and
- the individual pays the applicable licensure fee.