Turning the Tide: Wins for Active Duty Military Spouse Careers
Do you have an occupational license?
If so, you're not alone.
According to the Department of Defense, approximately 50% of active-duty military spouses need a professional certification or occupational license to work.
The problem is that anyone, military or civilian, who wants to work across state lines must defer to that state's regulatory board for permission to access an occupational license. In many states, it doesn't matter if the licensee has permanently moved there or plans to. It also doesn't matter if someone they serve, like a patient or client, moves to or visits another state and still needs their help.
An occupational license is needed in each state to have the privilege to work. Sadly, these state laws hurt people's access to vital services from nurses, teachers, social workers, and many more. States have argued that they are?protecting the public?with their regulations. However, when studied, these laws focus on power, control, and money instead of?protecting the public interest.
Active-duty military spouses move more than most because their spouses must move on a whim from the powers to be. The turnover rate in the military is unsustainably high. This is?not?a new development.?
This trend has continued for a multitude of reasons, including but?not?limited to:
The barrier to occupational licensing in various states for active-duty military spouses is?another reason?for poor retention rates.
The Military Spouse Licensing Relief Act (MSLRA) is a part of federal law [50 U.S.C. § 4025a] passed in 2023 and is 30 years overdue. MSLRA is an amendment to the Servicemembers Civil Relief Act (SCRA). MSLRA may help eligible military spouses obtain their occupational license across state lines when their active duty military spouse has a Permanent Change of Station (PCS). Through the years, countless occupational licensing requirements have arrived and increased in numerous professions.? ?
State-specific laws in Texas and Kansas provide much-needed overdue relief and open doors to career advancement for military spouses. The federal Military Spouse Licensing Relief Act (MSLRA) enables active duty military spouses to transfer specific occupational licenses under limited circumstances when their active duty service member spouse re-locates to their next duty station. The Department of Justice has been helpful in 2023 and 2024 by providing much-needed oversight to ensure that state occupational licensing boards comply with The Military Spouse Licensing Relief Act (MSLRA).
The Military Spouse Licensing Relief Act (MSLRA) was almost immediately subject to litigation in Texas. A landmark lawsuit, Portée v. Morath (W.D. Tex.), began with Hannah Magee Portée, an active-duty military spouse (the plaintiff) who filed a lawsuit against the "Texas Education Agency and State Board for Educator Certification". During the lawsuit, the Department of Justice submitted a letter of interest. Ultimately, a Texas judge ruled in favor of the plaintiff, Hannah Magee Portée, an active-duty military spouse.
The landmark lawsuit, Portée v. Morath (W.D. Tex.), was carefully studied nationwide. This victory was a significant step forward for the military community but was bittersweet. Hannah Magee Portée is an unsung hero who initiated the lawsuit as a plaintiff. However, once again, she faced the challenge of re-locating due to her spouse's Permanent Change of Station (PCS) Orders, underscoring the ongoing struggles of military spouses.
Texas has led the way in making itself the most military-friendly state in the nation regarding occupational licensing. Texas Governor Abbot signed Senate Bill 1200 in 2019 and Senate Bill 422 in 2023, reinforcing and signaling Texas state's absolute commitment to active duty military spouses' occupational licensing needs. Ultimately, this benefits the entire military community and nation.??
Kansas also passed notable legislation, House Bill 2745 in 2024, removing all occupational licensing fees for active-duty military spouses re-locating due to their spouses' military orders. This eliminates significant financial barriers for active-duty military spouses seeking to continue their careers in Kansas. Governor Kelly of Kansas has taken on a substantial leadership role on this issue. She has called for all states to join a national coalition to help military spouses obtain occupational licenses across state lines.?
The challenges active duty military spouses face in obtaining and transferring professional licenses are significant. Still, recent legislative efforts and initiatives are bringing hope and positive change. The Military Spouse Licensing Relief Act (MSLRA) and state laws in Texas and Kansas have paved the way. A more accessible and supportive environment is needed for active-duty military spouses to pursue and maintain their careers. By breaking down licensing barriers, we can empower active-duty military spouses and honor their vital contributions to our nation.
???Disclaimer:
This article is for general information and/or educational purposes only. ?? No legal or professional advice here. ?? No clinical relationship established.
?? Disclosure:
In creating this content, I utilized several tools, including:
References:
1. Air Force spouse wins case against Texas after it refused to transfer her professional licenses
2. Ambushed at Home The hazardous, squalid housing of American military families?
3. DOD watchdog report warns of issues across military health care system
4. Female soldiers face ‘overt sexism,’ harassment, ill-fitting equipment in Army special ops, study finds
5. Governor Kelly Calls for States to Join National Coalition to Help Military Spouses Obtain Occupational Licenses Across State Lines
6. Governor Kelly Signs Bipartisan Bill Removing Barriers to Career Opportunities for Military Spouses?
7. Justice Department Reinforces Federal Protections for Servicemembers and their Spouses in Letter to State Officials
8. "It's time to stop downsizing health care, the Pentagon says. This couple can't wait".
9. License to Work, Institute for Justice.
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13. Pentagon raises cap on military medical malpractice claims
14. Portability of Professional Licenses and Certificates for Servicemembers and Their Spouses
15. Porteé v. Morath?(W.D. Tex.)
16. The military is opening more childcare centers, but thousands of kids remain on waitlists
17. The Military Spouse Licensing Relief Act (MSLRA) 50 U.S.C. § 4025a
18. The Military Spouse Licensing Relief Act?
19. Texas Senate Bill 1200 of 2019?
20. Texas Senate Bill 0422 of 2023
21. Texas Occupational Licensing Military Spouses
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