Education & Employment

Delaware Professional Licences for Service Members, Veterans and Spouses

Boards under the Division of Professional Regulation must credit substantially equivalent military training, keep a deployed member’s licence alive until 180 or 270 days after return, reinstate a lapsed licence for a member or spouse within two years, and issue a six-month provisional licence to a member or spouse while an endorsement is pending.

Also called: 29 Del. C. 8735, Division of Professional Regulation, military spouse licence, provisional license, military training credit, METE, deployment, book agent, auctioneer, 30 Del. C. 2116.

For: Veteran or service member, spouse.

Where it applies

Written for the jurisdictions listed here.

Title 29, section 8735 governs every board and commission under the Division of Professional Regulation, which covers most licensed occupations in Delaware other than lawyers and teachers. Who counts. Paragraph (p)(7) defines a "qualifying person" as a member of the active duty military, the National Guard or the military reserve, retired military, or a military veteran. The spouse of a qualifying person is added for reinstatement and provisional licences. Military training. Paragraph (p)(6) requires every board to "accept the military training, education, or experience of a qualifying person so long as such training, education, or experience is substantially equivalent" to the licence requirements, while the applicant still sits any required examination. The Division calls this METE and asks for a request form filed with or after the licence application. Deployment. A licence held by a qualifying person who deploys stays valid for 180 days after the person returns, or 270 days if the licence requires continuing education, and the member then has 90 or 180 days after return to renew. A member may also ask to extend before deploying. Lapsed licences. Subsection (q): a qualifying person or spouse may apply to reinstate a licence within two years after it lapsed, on the ordinary documentation and fees. Provisional licences for arrivals. Subsection (r): a qualifying person or spouse may get a provisional licence for up to six months while an application by endorsement or reciprocity is pending. It cannot be renewed. Federal law does more for a family that arrives on military orders, and it governs where it applies. Under 50 U.S.C. 4025a, as rewritten by Public Law 118-159 in December 2024, a service member or spouse who relocates because of military orders and holds a licence in good standing elsewhere has that licence "considered valid for the scope of practice" in Delaware once they apply with the orders, a marriage certificate for a spouse, and a notarized affidavit. A board that cannot act within 30 days may issue a temporary licence with the same rights, and may run a background check. Licences held under an interstate compact follow the compact. So a military spouse on orders is not limited to Delaware's six-month provisional licence, which cannot be renewed. The Delaware provisions remain the route for a veteran or retiree, who is outside the federal section, and for a spouse who is not moving on orders. Two older rules. Title 30, section 2116 says no honorably discharged "soldier or sailor" needs a licence to work as a book agent or an auctioneer, and the discharge certificate is conclusive. And the emergency medical services compact in Title 16, section 98A-107 treats a separating service member or veteran, or their spouse, with a current NREMT certification as meeting the training and examination requirements for an EMS licence, with expedited processing. Several Title 24 chapters, including medicine, nursing, dentistry and counselling, carry their own military spouse provisions on top of these.

Thresholds

Thresholds for Delaware Professional Licences for Service Members, Veterans and Spouses
GateRule
On military orders, federal law treats the existing licence as valid50 U.S.C. § 4025a, as amended by Pub. L. 118-159: a service member or spouse who relocates on military orders with a licence in good standing may practise within its scope on application, with a temporary licence if the board needs more than 30 days. Veterans and retirees rely on 29 Del. C. § 8735 instead.

Sources

Legislation

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Public Law 118-159, division A, section 587 Rewrote the federal portability rule for the professional licences of service members and spouses who move on military orders

Catalog reconciledEnactedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the President Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Requires a state to treat a service member or spouse on military orders as licensed there on the strength of a licence held elsewhere.

Amended 50 U.S.C. 4025a generally, effective December 23, 2024. A service member or spouse who relocates on military orders and holds a licence in good standing elsewhere has it treated as valid for its scope of practice in the new state on application with the orders, a marriage certificate for a spouse and a notarized affidavit; a board that cannot act within 30 days may issue a temporary licence with the same rights. Licences held under an interstate compact follow the compact. State military spouse licensing entries that describe only the state procedure understate what a family on orders is owed. Veterans are outside the section.

Sponsor

  • David P. JoyceRepublican, House, OH-14

And 12 co-sponsors

Touches 50 U.S.C. § 4025a

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.