When does a servicemember's or military spouse's professional license become valid in Georgia after a military move?

Plain-English summary

Georgia issues approximately 50 different types of professional licenses through various boards: the Composite Medical Board, the Board of Nursing, the Board of Pharmacy, the Real Estate Commission and Appraisers Board, the Professional Engineers and Land Surveyors Board, the Professional Standards Commission (teachers), and others under the Secretary of State's Professional Licensing Boards Division. Each board has its own qualification, education, and testing requirements.

Congress amended the Servicemembers Civil Relief Act (SCRA) in December 2024 (P.L. 118-159) to substantially simplify professional-license portability for servicemembers and their spouses who relocate under military orders. Governor Kemp asked AG Chris Carr to confirm his understanding of the amended SCRA before directing Georgia's licensing boards to comply with the new federal requirements.

AG Carr confirmed that yes, the amended SCRA mandates that Georgia licensing boards treat a "covered license" as valid in Georgia upon the submission of the required application. The application requirements under 50 U.S.C. § 4025a(c) are:

1. Proof of military orders relocating the servicemember to Georgia.
2. If the applicant is the spouse, a copy of the marriage certificate.
3. A notarized affidavit affirming, under penalty of law, that:
   • The applicant is the person identified in the application;
   • All statements are true, correct, and complete;
   • The applicant has read and understands the requirements to receive a license, and the scope of practice, of the Georgia licensing authority;
   • The applicant certifies that the applicant meets and shall comply with those requirements;
   • The applicant is in good standing in all states where the applicant has held a license.

The 2024 amendments significantly reduced the prior-version requirements. The old SCRA had required the applicant 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." The new version replaces that with the affidavit framework: the applicant simply attests to compliance with Georgia's licensing requirements rather than having to actually demonstrate compliance through education or testing.

The opinion says state preconditions beyond those contemplated by § 4025a cannot restrict the validity of a covered license, and notes that § 4025a(d) expressly authorizes a background check before the board acts. It says that provision does not expressly contemplate pre-license education or testing. The opinion does not state a general ban on fees.

If a Georgia board cannot consider the covered license valid within 30 days of receiving the application, § 4025a(b) authorizes a temporary license with the same rights and privileges as a permanent license. The opinion explains that the "permanent" license referenced there is the covered license deemed valid under subsection (a) upon satisfaction of the application requirement.

Footnote 1 flags an exception: additional testing or fees may be required if the servicemember or spouse seeks a permanent license that would continue beyond the term of the military orders requiring presence in Georgia. But even then, the licensing board cannot deny temporary authorization on those grounds, even if the applicant is concurrently seeking permanent licensure.

Footnote 5 addresses the relationship between the federal SCRA and Georgia's existing military-service-licensing statutes (O.C.G.A. §§ 43-1-34 and 43-1-35). To the extent those statutes conflict with the federal law or impose obligations beyond § 4025a, the federal law prevails under the Supremacy Clause. Portee v. Morath (W.D. Tex. 2023) holds that state licensing interests must yield to SCRA policy objectives.

What this means for you

If you're a servicemember or military spouse with a professional license

Submit the § 4025a(c) application to the relevant Georgia licensing authority: proof of military orders, a marriage certificate if you are the spouse, and the required notarized affidavit. The opinion ties validity of a covered license to that submission, not to arrival alone. It also notes the board's authority to conduct a background check before acting and its option to issue a temporary license if it cannot recognize validity within 30 days. It does not announce a general exemption from fees.

Footnote 1 says additional testing or fees may be required in some cases for a permanent license continuing beyond the military orders. It says boards should not deny temporary authorization on those grounds while the applicant also seeks permanent licensure.

If you're a Georgia licensing board

Apply § 4025a to covered licenses upon receipt of the required application. The opinion recognizes a background check under subsection (d) before acting and says pre-license education or testing is not expressly contemplated there. If the authority cannot consider the license valid within 30 days, subsection (b) authorizes a temporary license. Footnote 1 addresses possible testing or fees for a separate permanent license extending beyond the orders.

The opinion says Georgia's military licensing statutes should be followed for their protections and benefits, but federal law prevails where they conflict with § 4025a or add obligations beyond it.

If you're a Georgia attorney advising military families

The covered-license portability framework is now substantially simpler than under prior law. The "good standing" requirement in the affidavit is straightforward, but be aware that any pending investigation or revoked status in any state can disqualify the license under § 4025a(f)(1).

If you're an employer in Georgia hiring military spouses

The opinion addresses licensing authorities, not employer hiring decisions. For a spouse with a covered license, it ties Georgia validity to submission of the application required by § 4025a(c). It also discusses a possible background check and a temporary license if the board cannot act within 30 days.

Common questions

Q: What's a "covered license" under § 4025a(f)(1)?
A: A professional license that (A) is in good standing with its issuing licensing 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 in any state.

Q: Does this apply to military reservists or National Guard members?
A: SCRA generally applies to active-duty servicemembers, including activated reservists and Guard members. The specific applicability depends on the order type and length. Consult a JAG officer for fact-specific guidance.

Q: What if my license is from another country, like Canada?
A: The opinion discusses licenses issued by state licensing authorities under § 4025a. It does not analyze foreign-issued licenses or prescribe a Georgia process for them.

Q: Does this cover all professions?
A: The opinion applies to a "covered license" meeting § 4025a(f)(1)'s conditions. It lists various Georgia professional licensing boards as background, but does not decide whether every particular occupation or credential qualifies.

Q: Can Georgia still discipline a covered-license holder for misconduct?
A: The opinion does not decide a later disciplinary case. It quotes an affidavit requirement that the applicant certify compliance with Georgia's licensing requirements, and the covered-license definition includes good standing and no specified discipline or pending investigation.

Q: What happens if my Georgia license requires continuing education and I haven't done it yet?
A: The opinion contrasts the prior statutory language on continuing education with the amended affidavit requirement. The applicant must affirm that they understand, meet, and will comply with the Georgia licensing authority's requirements. The opinion does not decide a particular continuing-education dispute.

Q: How does this interact with O.C.G.A. §§ 43-1-34 and 43-1-35?
A: Those Georgia statutes provide certain protections and benefits to servicemembers and their spouses obtaining licenses upon military transfer. To the extent they impose obligations beyond what § 4025a requires, the federal law prevails. Boards should follow the Georgia statutes for benefits but not for additional requirements.

Background and statutory framework

The Servicemembers Civil Relief Act (SCRA) includes the professional license portability provision considered here. The opinion quotes the SCRA's statutory purposes and cites Boone v. Lightner, 319 U.S. 561 (1943), on liberal construction for servicemembers.

50 U.S.C. § 4025a addresses professional license portability for servicemembers and spouses who relocate because of military orders. The opinion quotes the prior statutory language requiring an applicant to submit to the new jurisdiction's licensing authority for standards of practice, discipline, and continuing education. It contrasts that with the 2024 amendment's application and notarized-affidavit requirements.

The opinion says state licensing requirements that conflict with or exceed § 4025a cannot restrict validity of a covered license, citing Portee v. Morath for the SCRA's priority over conflicting state licensing interests.

Citations and references

Federal law:

• 50 U.S.C. § 3901 et seq. (Servicemembers Civil Relief Act)
• 50 U.S.C. § 4025a (covered license portability)
• 2024 P.L. 118-159 (December 2024 SCRA amendment)

Georgia statutes:

• O.C.G.A. § 43-1-34 (military service licensing)
• O.C.G.A. § 43-1-35 (military spouse licensing)

Cases:

• Boone v. Lightner, 319 U.S. 561 (1943) (SCRA liberally construed)
• Portee v. Morath, 703 F. Supp. 3d 790 (W.D. Tex. 2023) (state licensing yields to SCRA)

Source

• Original PDF: https://law.georgia.gov/document/document/021926-official-ag-opinionpdf/download

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

GEORGIA DEPARTMENT OF LAW

40 Capitol Square SW
CHRISTOPHER M. CARR
Atlanta, Georgia 30334-1300 www.law.ga.gov
(404) 458-3600

OFFICIAL OPINION

The Honorable Brian P. Kemp
Governor
State Capitol
Atlanta, Georgia 30334

Re: The Servicemembers Civil Relief Act deems certain professional licenses held by servicemembers or their spouses transferred to Georgia to be valid in this State subject only to compliance with the requirements set forth in 50 USC § 4025a.

Dear Governor Kemp:

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.[1] 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.

[1] Additional testing or fees may, in some cases, be required if a servicemember or his or her spouse seeks a permanent license that would continue beyond the term of the military orders requiring presence in Georgia; however, professional licensing boards should not deny temporary authorization on these grounds even if the servicemember or spouse is concurrently seeking permanent licensure.

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.[2] 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).

[2] Issuance of an official opinion is appropriate here to address the issues of concern across state government particularly in light of the amendments to 50 USC § 4025a enacted in December of 2024. 2024 P.L. 118-159.

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."[3] 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.

[3] (1) The term "covered license" means a professional license that, with respect to a scope of practice—
(A) is in good standing with the licensing authority that issued such license;
(B) has not been revoked or had discipline imposed by any State;
(C) does not have an investigation relating to unprofessional conduct pending in any State relating to it; and
(D) has not been voluntarily surrendered while under investigation for unprofessional conduct in any State.

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).[4] 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.[5]

[4] The only action that 50 USC § 4025a expressly authorizes the licensing authority to conduct prior to carrying out subsection (a) or (b) upon the applicant's compliance with subsection (c) is a background check of the applicant. 50 USC § 4025a(d). Subsection (d) does not expressly contemplate pre-license education or testing.

[5] In this regard, it is worth noting that Georgia has a couple of statutes that deal with servicemembers and spouses of servicemembers obtaining licenses upon military transfer to Georgia. See O.C.G.A. §§ 43-1-34 & 43-1-35. These statutes provide certain protections and benefits to servicemembers and their spouses and should be followed, but to the extent they conflict with or impose obligations on servicemembers or their spouses beyond those found in 50 U.S.C. § 4025a, the federal law prevails. While states have strong interests in regulating professions, those interests must yield to the policy objectives of the SCRA. See Portee v. Morath, 703 F. Supp. 3d 790, 801 (W.D. Tex. 2023).

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.

Issued this 19th day of February, 2026.

CHRISTOPHER M. CARR
Attorney General

Prepared by:
Nathan D. Hayes
Assistant Attorney General