Summary

Portrait of Harold Hitz Burton Harold Hitz Burton Barsky v. Board of Regents of University of the State of New York…

He argues that New York's suspension of his license because of his conviction in a foreign jurisdiction, for an offense not involving moral turpitude [10] and not criminal under the law of New York, so far transcends that State's legitimate concern in professional standards as to violate the Fourteenth Amendment. We disagree and hold that New York's governmental discretion is not so restricted.
This statute is readily distinguishable from one which would require the automatic termination of a professional license because of some criminal conviction of its holder.
Source: Wikisource

Portrait of Harold Hitz Burton Harold Hitz Burton Barsky v. Board of Regents of University of the State of New York…

For its violation appellant received a sentence of one-half the maximum and served five months in jail. There can be no doubt that appellant was convicted in a court of competent jurisdiction of a crime within the meaning of the New York statute. [8]
It is elemental that a state has broad power to establish and enforce standards of conduct within its borders relative to the health of everyone there. It is a vital part of a state's police power. The state's discretion in that field extends naturally to the regulation of all professions concerned with health.
Source: Wikisource

Portrait of Harold Hitz Burton Harold Hitz Burton Barsky v. Board of Regents of University of the State of New York…

The ten doctors constituting the full Grievance Committee unanimously found appellant guilty as charged. They also adopted the findings, determination and recommendation of their subcommittee, except that, by a vote of six to four, they fixed appellant's suspension at six months. Promptly thereafter, the Committee on Discipline of the Board of Regents of the University of the State of New York held a further hearing at which appellant appeared in person and by counsel. This committee consisted of two lawyers and one doctor.
Source: Wikisource

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