Special Case Licensure Hub

“Special Case Pathways to Occupational Licensure" refers to special situations or circumstances that may allow an individual to obtain an occupational license from the Department outside of the traditional licensing procedures.

These pathways may allow an individual to: 

  1. Begin working in a regulated profession before full licensure is granted; 
  2. Obtain a license based on previous education or experience; or 
  3. Obtain a license with some application requirements being waived.

a. Service Members Civil Relief Act: this federal law allows for service members and their spouses to use a professional license in a new jurisdiction when a service member is moved into the new jurisdiction due to military orders.

i. This law requires 5 criteria to be met to allow the service members or their spouses to use their professional license in Tennessee, which includes:

1. Licensee has moved to a location outside the jurisdiction of the licensing authority that issued the covered license or certificate because of orders for military service.

2. Licensee must provide a copy of the military orders to the licensing authority in Tennessee.

3. Licensee has actively used the license or certificate during the two years immediately preceding the move.

4. Licensee remains in good standing with:

a. The licensing authority that issued the covered license or certificate; and

b. Every other licensing authority that issued a license or certificate valid for a similar scope of practice and in the discipline applied for in the new jurisdiction.

5. Licensee submits to the authority of the Tennessee licensing authority for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements.

ii. If these five criteria are met, the servicemembers’ or their spouses’ covered license or certificate shall be considered valid at a similar scope of practice and in the discipline applied for in Tennessee for the duration of the military orders.

iii. Citation: 50 U.S.C.A. § 4025a

b. Service Member Eligibility of Credit Towards Occupational Licensure: State law allowing service members and certain veterans have military experience count towards occupational licensing education requirements

i. Members of the United States armed forces and persons who are honorably discharged veterans are eligible to receive equivalent credit toward the receipt of an occupational license regulated under Title 62 relevant to the training received while serving in the armed forces if the training is consistent with requirements for licensure as determined by the applicable licensing authority.

ii. In order to receive credit, the member of the armed forces or honorably discharged veteran must submit to the applicable licensing authority as evidence of training a certificate from:

1. The United States department of defense; or

2. The United States department of veterans affairs.

iii. Citation: Tenn. Code Ann. § 62-76-106

c. Service Member Eligibility for Tennessee Occupational License: This state law allows service members and their spouses to use an occupational license in Tennessee before obtaining a Tennessee occupational license pursuant to certain procedures. This is another option for service members or their spouses if they do not meet the requirements of the Servicemembers Civil Relief Act or if they want to obtain a professional license in Tennessee.

i.  This law only applies only to individuals and individually held licenses, not corporations, businesses, entities, etc. and/or business licenses.

ii. Notwithstanding any other exemption from licensure requirements, the following persons may engage in the practice of an occupation or profession regulated by a state agency under titles 16, 46, 55, 62, and 68 without being licensed pursuant to that title:

1. A member of the armed forces while the person is stationed within this state if:

a. The person holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure;

b. The license is current and the person is in good standing in the state or jurisdiction of licensure;

c. The person agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and

d. The person provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice; and

2. The spouse of a member of the armed forces while the member is stationed in this state if:

a. The spouse holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure;

b. The license is current and the spouse is in good standing in the state or jurisdiction of licensure;
c. The spouse agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and

d. The spouse provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice.

iii.  A person who holds a valid license to practice an occupation or profession in another state or jurisdiction and practices in Tennessee pursuant to these provisions must apply for the license in Tennessee either prior to its expiration in the other state or jurisdiction or within one (1) year of the date the person began practicing in Tennessee, whichever occurs first.

iv. The commissioner and each regulatory board shall, upon application for certification or licensure, accept military education, training, or experience completed by a person toward the qualifications to receive a license or certification if such education, training, or experience is determined by the commissioner or board to be substantially equivalent to the standards of this state.

v. Citation: Tenn. Code Ann. § 4-3-1304

For more information, click here.

a. Fresh Start Act: The Fresh Start Act is a state law that contains certain requirements for licensing authorities when they consider an applicant for a professional license and the applicant has a criminal history.

b. The Fresh Start Act prohibits a licensing authority from denying a license for a criminal conviction that is not directly related to the occupation.

c.  Prior to denying an application based on a criminal conviction, the licensing authority must consider:

i. The relationship between the nature of the crime and the purposes of regulating the occupation, profession, business, or trade;

ii. The relationship between the crime and the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation, profession, business, or trade;

iii. Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against the relationship of crime to the occupation, profession, business, or trade; and

iv. Any applicable federal laws regarding an individual's participation in the occupation, profession, business, or trade.

d. A licensing authority may issue a conditional or restricted license based on a criminal history.

e. Citation: Tenn. Code Ann. § 62-76-104

To check your license eligibility according to the Fresh Start Act, click here.

a. Contractors

i. Hardship/Temporary Licensing: An applicant for a contractor’s license may obtain a temporary license or an increase in its monetary limitation from the Board for Licensing Contractors prior to the Board’s meeting date when a substantial loss of business is imminent if there was a delay in granting the license or increase request. The temporary license or increase in monetary limitation will be reviewed by the Board for Licensing Contractors at their following meeting.

ii. Citation: Tenn. Comp. R. & Regs. 0680-01-.28

For more information, or to get started, click here: https://www.tn.gov/commerce/regboards/contractors/license/hardship.html

b. Court Reporters

i. Temporary Licensing: An applicant who provides satisfactory proof of graduation from a court reporting program or its equivalent to the board can be issued a temporary license to practice as a court reporter before the applicant can take and pass a licensing examination.

ii. Citation: Tenn. Code Ann. § 20-9-614

For more information, or to get started, click here: https://www.tn.gov/commerce/regboards/courtreport/license/forms.html

c. Security Guards

i. Pending Applications:

1. An individual who has submitted a complete application for an unarmed or armed security guard registration and paid all applicable fees may work as an unarmed security guard pending approval or denial of the application. The applicant must keep a copy of the pending application on his or her person while working and must cease all work if the application is denied.

2. Citation: Tenn. Code Ann. § 62-35-119

ii. Training Equivalency

1. Unarmed Guard Training Equivalency:   

a. An individual who applies for a security guard registration can be exempt from the four hours of unarmed guard training if the applicant has completed at least four hours of equivalent training within the past year.

b. This allows an individual with equivalent military, law enforcement, or other related training to use that equivalent training to meet requirements for the unarmed guard training, which is required for armed and unarmed applicants.

c. Citation: Tenn. Code Ann. § 62-35-118(d)(1)

2. Armed Guard Training Equivalency:        

a. An individual who applies for an armed security guard registration can be exempt from the twelve hours of armed guard training if the applicant has completed at least twelve hours of equivalent training within the past year.

b. This allows an individual with equivalent military, law enforcement, or other related firearms and armed guard training use that equivalent training to meet requirements for the armed guard training.

c. Citation: Tenn. Code Ann. § 62-35-118(d)(2)

3. Law Enforcement Training Equivalency:

a. In addition to the two options above, an individual can be exempt from all security guard training (including the requirements of Dallas’s Law and School Active Shooter Training) if the applicant is a sworn peace officer and is certified by the Peace Officer Standards and Training Commission.

b. Additionally, sworn peace officers can obtain a temporary security guard registration card upon the State’s verification that the officer applicant is certified by POST.

c. Citation: Tenn. Code Ann. § 62-35-118(d)(3)

4. Correctional Officer Training Equivalency:

a. In addition to the options above, an individual can be exempt from the four hour unarmed guard training, Dallas’s Law requirements, and School Active Shooter Training if the individual is a state or local correctional officer or jailer, provided, that the state officer has successfully completed the appropriate basic training required by T.C.A. § 41-1-116, is current on all annual refresher courses required by § 41-1-116, and the local officer or jailer has successfully completed comparable basic training and annual in-service training courses.

b. Additionally, these individuals can obtain a temporary security guard registration card to the officer upon the verification that the officer meets the requirements above.

c. Citation: Tenn. Code Ann. § 62-35-118(d)(4)