Facts
The appellant, med. pract. [A.], had held a licence for independent medical practice in the Canton of Aargau since 11 May 2006. On 11 April 2009, he applied to the Cantonal Medical Service of the Canton of Zurich (KAD) for a licence to practise medicine independently. Due to pending disciplinary proceedings in the Canton of Aargau, the KAD granted the licence on 18 January 2010 and 6 January 2011, each time limited until the final decision of the Canton of Aargau, but for no more than 12 months.
On 3 August 2011, the KAD granted [A.] a licence for independent medical practice limited to ten years. On 9 March 2012, the KAD informed [A.] that it intended to revoke his licence for independent medical practice in the Canton of Zurich, as the prerequisite of trustworthiness was no longer met. After the request for restoration of the suspensive effect was rejected, the Health Directorate of the Canton of Zurich dismissed the appeal on the merits on 23 April 2013 and denied any potential appeal a suspensive effect. The Administrative Court of the Canton of Zurich confirmed the decision on the merits by judgment of 10 July 2013.
Considerations
The Federal Supreme Court first notes that the appeal is admissible. It then examines whether the appellant's right to be heard was violated. The Federal Supreme Court denies this, as the appellant had not requested a public hearing before the lower instance.
On the merits, the Federal Supreme Court confirms the revocation of the licence for independent medical practice. It states that high requirements must be placed on trustworthiness within the meaning of Art. 36 para. 1 lit. b of the Federal Act on the University Medical Professions (MedBG). The appellant's conduct, in particular the criminal convictions in Germany, the concealment of the…