Education & Employment

New Mexico Expedited Licensing for Service Members, Spouses and Veterans

A licensing board must issue a license within thirty days to a service member, military spouse or dependent child, or veteran who holds a current license from another state or the military, and charge no licensing fee for the first three years. Teachers get the same under the Public School Code.

Also called: NMSA 61-1-34, NMSA 22-10A-12.1, expedited licensure, military spouse license, provisional license, fee waiver, three years, House Bill 384, Laws 2023, ch. 190.

For: Veteran or service member, spouse, child, survivor.

Where it applies

Written for the jurisdictions listed here.

Section 61-1-34, as last rewritten by House Bill 384 of 2023, Laws 2023, chapter 190, signed April 5, 2023. The rule. A board that issues an occupational or professional license under chapter 61 must, "as soon as practicable but no later than thirty days after" a military service member or veteran files a complete application and any required background check, process it and "issue a license prima facie" to an applicant who holds a license "current and in good standing, issued by another jurisdiction, including a branch of the armed forces". The license is provisional but carries the same rights as a regular license; a board may require its examination before renewal if the original jurisdiction had none. No fees for three years. Subsection C: no initial or renewal licensing fee "for the first three years of licensure". Inspection, examination, late and copy fees are not waived. Who counts. A "military service member" is an active duty member or member of an active reserve component or the Guard; the spouse of one, or the surviving spouse of a member who died on active duty; or a child who is the member's tax dependant. A "veteran" is anyone with "an honorable discharge or separation from military service". Teachers and school staff. Section 22-10A-12.1 gives the same thirty-day processing and three years without fees for a school license or substitute certificate, and accepts an expired out-of-state license for a one-year license. Federal law sits underneath this. For a service member or spouse who moves to New Mexico because of military orders, 50 U.S.C. 4025a, as rewritten by Public Law 118-159 in December 2024, treats a licence in good standing from another state as valid for its scope of practice on application, with a temporary licence if the board needs more than 30 days. Section 61-1-34 already goes further for most families, since it also covers veterans and dependent children and waives fees for three years, but the federal rule is the one to cite if a board applies an equivalence test or an examination before the move is complete.

Thresholds

Thresholds for New Mexico Expedited Licensing for Service Members, Spouses and Veterans
GateRule
A current license from another state or the militaryNMSA 1978, § 61-1-34(A)(2), as amended by Laws 2023, ch. 190.
On military orders, federal law treats the existing licence as valid50 U.S.C. § 4025a, as amended by Pub. L. 118-159. Section 61-1-34 is wider, covering veterans and dependent children, and waives fees.

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.