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. The laws are very similar with the SCRA providing greater detail on the requirements for military members and their spouses. The SCRA only applies to current military members and their spouses therefore veterans and their spouses would apply under the Arkansas law.

Active-Duty Military and their Spouses

The SCRA was amended to provide a way for those who have a permanent change of station 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.

The new SCRA provision provides that a servicemember or the spouse of a servicemember who has a covered license from another State relocates because the servicemember received military orders for military service to Arkansas, then Arkansas licensing authorities will consider that license valid for a similar scope of practice providing the servicemen or the spouse submits to the Arkansas licensing authority:

An application which includes:

• A copy of military orders.
• If the applicant is a spouse, a copy of the marriage certificate.
• The applicant attests they have read and understood the requirements to receive a license as well as acknowledging the scope of practice and meet the requirements as well as agreeing to comply with the licensing entities requirements.
• The applicant is in good standing in all states in which the applicant holds or has held a license.

The servicemember or spouse may be subject to a background check before a license or temporary license is granted.

Under the SCRA, ADH may issue a temporary license if the application process will exceed 30 days.

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.

The Arkansas law applies to military member and their spouses as well as:

• Uniformed Service Veteran who resides in or establish residency in Arkansas.
• 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.

Similarly to the SCRA, Arkansas allows for automatic licensure for an applicant with a license in good standing in another jurisdiction. While not specifically defined, a license must not have been revoked or had discipline imposed by any state, does not have an investigation pending for unprofessional conduct, and has not been voluntarily surrendered while under investigation for unprofessional conduct in any state.

It is also important to note that not all licenses have automatic licensure. Some licensing entities have been granted expedited processing which may take longer and require a temporary license to be issued while the necessary requirements are met. Please check with the appropriate licensing entity to determine your next steps.