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October 14, 1939

DISTRICT COURT IN TEXAS RULES STATE MAY REQUIRE CITIZENSHIP IN LICENSURE OF PHYSICIANS

JAMA. 1939;113(16):1495-1496. doi:10.1001/jama.1939.02800410045014
Abstract

Citizenship may lawfully be required by the state of Texas of an applicant for a license to practice medicine, as a condition precedent to the issue of a license, in the opinion of the district court of Travis County, Texas, in a case brought by a citizen of Mexico.1 Such a requirement was held not to deprive an alien of any right guaranteed him by the federal constitution. As far as available records show, this is the first time that a court has been called on to pass directly on this question. Under the provisions of the constitution a state cannot deny to an alien the right to follow a "common occupation" under the same conditions that it imposes on citizens. The practice of medicine, the Texas court observed, is not "a common occupation" but is a profession impressed in many instances with semiofficial duties.

Physicians have duties in

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