Do Georgia professional licensing boards have to honor out-of-state licenses held by servicemembers and military spouses transferred to Georgia?
Plain-English summary
Georgia Attorney General Chris Carr issued an Official Opinion confirming that Georgia's professional licensing boards must honor out-of-state professional licenses held by servicemembers and their spouses who relocate to Georgia on military orders. The opinion was requested by Governor Brian Kemp ahead of executive direction to all state licensing authorities.
The basis is the 2024 amendments to the federal Servicemembers Civil Relief Act (SCRA), specifically 50 U.S.C. § 4025a, which Congress significantly streamlined in December 2024. Under the revised statute:
- A "covered license" — an out-of-state professional license in good standing, with no pending discipline or investigation — is automatically deemed valid in Georgia for the same scope of practice when the licensee submits a complete application.
- The application requires only three things: military orders, marriage certificate (for spouses), and a notarized affidavit attesting to good standing and understanding of Georgia's scope of practice.
- Georgia licensing boards may not impose additional pre-licensure requirements (education, testing, fees) as a condition of practicing under the SCRA portability provision.
- The only investigative tool the boards retain is a background check.
- If a board cannot complete its processing within 30 days, it must issue a temporary license that confers the same rights as a permanent one.
The opinion notes Georgia issues about 50 different professional licenses across the Secretary of State's office, the Boards of Dentistry, Pharmacy, the State Accounting Board, the Georgia Composite Medical Board, the Real Estate Commission and Appraisers Board, the Professional Engineers and Land Surveyors Board, and the Professional Standards Commission (teachers). All are bound by this federal portability requirement.
What this means for you
If you are a servicemember relocated to Georgia on military orders
You can practice your licensed profession in Georgia immediately upon submitting:
- Proof of your military orders to the relevant Georgia licensing board.
- A notarized affidavit affirming you (a) are the person identified in the application, (b) all statements in the application are true, (c) have read and understand Georgia's scope-of-practice requirements for your profession, (d) will comply with those requirements, and (e) are in good standing in every state where you hold or have held a license.
Your out-of-state license is "considered valid" in Georgia for the same scope of practice. If the board doesn't process you within 30 days, you're entitled to a temporary license. You should not be required to take additional Georgia-specific exams, complete CE, or pay above-and-beyond fees as a condition of practicing under SCRA portability.
If you are the spouse of a servicemember relocated to Georgia
Same protection. In addition to military orders and the affidavit, you must submit a copy of your marriage certificate. The license then becomes valid for practice in Georgia.
If you sit on or work for a Georgia professional licensing board
Update your intake procedures so that complete SCRA applications result in immediate authorization to practice. Specifically:
- Do not require additional education, testing, or supervision as a condition of validity.
- Do not require the applicant to complete Georgia-specific CE before practice begins (CE may be required for license renewal down the road, but not as a precondition to validity).
- Track your 30-day clock — if you can't complete a full review within that window, issue a temporary license under § 4025a(b).
- Background check is the one investigative tool you retain — you can run it but cannot use the result to impose extra requirements unless it disqualifies the license under the "good standing" definition.
- Train staff that O.C.G.A. §§ 43-1-34 and 43-1-35 (Georgia's military-spouse licensing statutes) still operate, but where they conflict with or impose obligations beyond the SCRA, federal law preempts.
If you are a Georgia HR or compliance officer hiring military spouses
You can rely on the SCRA portability provision when verifying licenses for newly-relocated military spouses. A "covered license" from another state that has been submitted to the relevant Georgia board (with the affidavit and orders) is valid for Georgia practice. Document the SCRA submission rather than insisting on a Georgia-issued credential.
If you are an attorney advising clients on military relocation
The 2024 SCRA amendments dramatically simplified license portability. Where the prior statute required the licensee to "submit to the authority of the licensing authority in the new jurisdiction," the new version requires only an affidavit. Counsel clients to:
- Confirm the original license is "covered" — in good standing, no pending discipline, not voluntarily surrendered while under investigation.
- File the SCRA application package promptly upon arrival in Georgia.
- Begin practicing as soon as the package is filed; the license is then "considered valid" by federal law.
- If the relevant Georgia board pushes back with additional requirements, cite this Official Opinion (Op. Att'y Gen. Ga. 2026-1) and 50 U.S.C. § 4025a.
If you are a Georgia governor or executive branch official
This opinion gives the Governor the legal foundation to direct all executive-branch licensing boards to comply. The opinion expressly addresses the issues "of concern across state government" and notes the Governor's intent to "direct[] the licensing authorities of the executive branch to fully and promptly comply with the SCRA's updated requirements."
Common questions
Q: What's a "covered license" under the SCRA?
A: A professional license that (A) is in good standing with the issuing state's authority, (B) has not been revoked or had discipline imposed by any state, (C) does not have a pending unprofessional-conduct investigation in any state, and (D) has not been voluntarily surrendered while under investigation. See 50 U.S.C. § 4025a(f)(1).
Q: What happened in the 2024 SCRA amendments?
A: Congress simplified the application process. Pre-2024, applicants had to "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." After Pub. L. 118-159 (December 2024), applicants need only submit the affidavit set out in § 4025a(c). The licensing board cannot impose additional pre-licensure requirements.
Q: Can the Georgia board still discipline me for misconduct?
A: Yes. The SCRA portability provision means your out-of-state license is valid for practice in Georgia, but you remain subject to Georgia's disciplinary jurisdiction for conduct in Georgia. Misconduct could result in revocation of authority to practice here.
Q: What if my profession requires Georgia-specific knowledge (e.g., real estate)?
A: The SCRA still applies. The affidavit you sign attests that you have "read and understand[] the requirements to receive a license, and the scope of practice, of the State of the licensing authority." That affidavit substitutes for state-specific exams as a precondition to validity. Practice errors — including failure to apply Georgia law correctly — can still be the basis for discipline, but they cannot be the basis for denying validity in the first place.
Q: Does the SCRA cover all professions?
A: It covers any profession that meets the "covered license" definition. Georgia oversees about 50 different professional licenses, and the AG's opinion confirms the SCRA reaches all of them — Secretary of State boards, Dentistry, Pharmacy, Accounting, Composite Medical, Real Estate, Professional Engineers, and the Professional Standards Commission (teachers).
Q: What about license fees?
A: The opinion does not directly address fees. The general rule from the SCRA's text and the broader federal-preemption analysis is that conditions on validity are preempted. Reasonable, non-discriminatory administrative fees that apply to all license-portability applications likely survive; fees that are higher than what other applicants pay or that effectively gate practice would not.
Q: How long does the validity last?
A: For the duration of the military orders that prompted the relocation. The opinion notes that licensees seeking permanent Georgia licensure beyond the term of the orders may face additional testing or fees, but those cannot be imposed as a condition of the SCRA-portable temporary license.
Q: Does Georgia's existing military-spouse statute (O.C.G.A. § 43-1-34, -35) still apply?
A: Yes, where it provides additional protections or benefits. Where it conflicts with or imposes obligations beyond the SCRA, federal law preempts under the Supremacy Clause.
Background and statutory framework
The Servicemembers Civil Relief Act (SCRA), codified at 50 U.S.C. § 3901 et seq., has long protected servicemembers from the civil burdens that military service can impose. Section 4025a, added in 2018, addressed the specific problem of professional license portability — servicemembers and military spouses being forced to retake exams, complete redundant CE, or pay duplicate fees every time they were transferred to a new state.
The 2018 version of § 4025a still required the licensee to "submit to the authority" of the new state's licensing board, leaving discretion for additional requirements. The December 2024 amendments (Pub. L. 118-159) replaced that discretion with a streamlined affidavit requirement. Now, a complete application — military orders, marriage certificate (for spouses), and notarized affidavit — automatically renders the covered license valid in the new state.
The statutory purpose of the SCRA is to "provide for, strengthen, and expedite the national defense through protection extended ... to service members of the United States to enable such persons to devote their entire energy to the defense needs of the Nation." 50 U.S.C. § 3902. The Supreme Court in Boone v. Lightner, 319 U.S. 561 (1943), directed that the SCRA "be liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation."
Federal courts applying the SCRA have repeatedly held that state interests in regulating professions "must yield to the policy objectives of the SCRA." Portee v. Morath, 703 F. Supp. 3d 790, 801 (W.D. Tex. 2023). This Georgia Official Opinion aligns with that consistent federal-court position.
Citations and references
Statutes:
- 50 U.S.C. § 4025a (SCRA — Portability of professional licenses)
- 50 U.S.C. § 3901 et seq. (Servicemembers Civil Relief Act)
- O.C.G.A. § 43-1-34 (Military spouse licensing)
- O.C.G.A. § 43-1-35 (Servicemember licensing)
- Pub. L. 118-159 (2024 SCRA amendments)
Cases:
- Boone v. Lightner, 319 U.S. 561 (1943) — SCRA must be liberally construed
- Portee v. Morath, 703 F. Supp. 3d 790 (W.D. Tex. 2023) — state professional regulation yields to SCRA
Original opinion text
This responds to your request for an Official Opinion of the Attorney General regarding the Servicemembers Civil Relief Act. As you have noted in your request for an Opinion, in 2024 Congress amended the Servicemembers Civil Relief Act (SCRA) to simplify the process for licensure where a servicemember or his or her spouse that holds a professional license is transferred to another state. You have noted your understanding that these changes effectively mandate that Georgia's executive-branch professional licensing boards issue temporary licenses or otherwise authorize practice for servicemembers and their spouses upon the showing of a notarized affidavit in accordance with 50 U.S.C. § 4025a(c)(3), proof of military orders, and, in the case of a spouse of a servicemember, a copy of his or her marriage license. You have also indicated that you understand that the SCRA, as amended, prohibits Georgia's professional licensing boards from imposing additional requirements on servicemembers or their spouses—including but not limited to additional education or testing. Finally, you have pointed out full compliance with the SCRA is not just required under federal law, it is the right thing to do for our servicemembers and their families. Before directing the licensing authorities of the executive branch to fully and promptly comply with the SCRA's updated requirements, you have requested an official opinion confirming that your understanding of the recent changes to the SCRA is correct.
As you know, Georgia oversees the issuance of about 50 different professional licenses. All involve various qualifications and requirements before licensure. Most of these are issued by the various licensing boards under the administration of the Secretary of State. Other entities that issue professional licenses include the Georgia Board of Dentistry, the Georgia Board of Pharmacy, the State Accounting Board, the Georgia Composite Medical Board, the Georgia Real Estate Commission and Appraisers Board, the Georgia Professional Engineers and Land Surveyors Board, and the Professional Standards Commission, which licenses teachers.
In order to address the question raised, specific analysis is appropriate of several provisions of 50 USC § 4025a, which addresses the portability of professional licenses for servicemembers as well as their spouses. 50 USC§ 4025a is part of the Servicemembers Civil Relief Act ("SCRA"). 50 USC§ 3901 et seq. The statutory purposes of the SCRA are "to provide for, strengthen, and expedite the national defense through protection extended ... to service members of the United States to enable such persons to devote their entire energy to the defense needs of the Nation; and ... to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service." 50 USC § 3902. In furtherance of the purposes of the SCRA, it is to "be liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation." Boone v. Lightner, 319 U.S. 561, 575 (1943).
50 USC § 4025a(a) specifically provides that:
[i]f 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).
Thus, as a matter of federal law, the professional license of a servicemember or a spouse of a servicemember that meets the definition of "covered license" in 50 USC § 4025a(f)(1) "shall be considered valid for the scope of practice in the State of the new residence." The only statutory requirement to trigger this validity is that "such servicemember or spouse submits to the licensing authority of such State an application as described in subsection (c)" of 50 USC § 4025a.
Turning to 50 USC § 4025a(c), the servicemember or the spouse of a servicemember is required to submit an application to the licensing authority in the State of the new residence. That application has to include:
(1) Proof of military orders described in subsection (a).
(2) If the applicant is the spouse of a servicemember, a copy of the marriage certificate.
(3) 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 held a license.
In the state of new residence, an applicant has to make two or three submissions. First, the applicant submits proof of military orders. Second, if the applicant is a spouse of a servicemember, the applicant submits a copy of his or her marriage certificate. Third, the applicant submits a notarized affidavit to the licensing authority affirming under penalty of law the statements set forth in subparagraphs A, B, C, D, and E of subsection (c). Once those submissions are made to the licensing authority, the licensing authority is then required to follow subsection (a) or (b) of 50 USC§ 4025a.
When Congress revised 50 USC § 4025a in 2024, it changed the statutory requirements to include the affidavit submission that is now required. The prior statutory language made reference to an applicant having to "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." As revised, 50 USC § 4025a only requires that the applicant submit an affidavit stating that "the applicant has read and understands the requirements to receive a license, and the scope of practice, of the State of the licensing authority" and to further state "that the applicant meets and shall comply with the requirements described in subsection (c)."
As discussed above, subsection (a) requires the licensing authority of the new state to consider the covered license to be valid. Subsection (b) merely provides that if the licensing authority of the new state is required to consider the covered license as valid, but cannot do so for some reason in the 30 days after receiving an application, the licensing authority is authorized to issue a temporary license that confers the same rights and privileges as a permanent license. Again, here it is important to be clear that the "permanent license" that is referred to is the license that is deemed to be "considered valid" under subsection (a) upon satisfaction of the application requirement in subsection (c). Other pre-conditions to licensure under state law that are beyond those contemplated in 50 USC § 4025a do not serve to restrict the validity of the license that is deemed to be considered valid.
Based on the foregoing, it is my official opinion that the Servicemembers Civil Relief Act deems certain professional licenses held by servicemembers and spouses of servicemembers relocated to Georgia due to military orders to be valid in this State subject only to compliance with the requirements set forth in 50 USC § 4025a.