Facts
X., born in 1949, is a psychiatrist and psychotherapist authorized to practice independently in the Canton of Vaud since 2004. On May 3, 2016, the Department of Health and Social Action of the Canton of Vaud imposed a reprimand, a fine of 10,000 francs, and ordered the publication of this sanction in the Official Gazette of the Canton of Vaud. These measures were the result of X.'s behavior, who had had sexual relations with one of his patients in 2015.
X. appealed against the decision of May 3, 2016, only with regard to the order to publish in the Official Gazette. The Cantonal Court dismissed his appeal. X. then filed a public law appeal with the Federal Tribunal, requesting the prohibition of the publication of the sanction.
Considerations
The Federal Tribunal upheld the appeal. It considered that the publication of the disciplinary sanction in the Official Gazette of the Canton of Vaud was contrary to federal law, more specifically to the Federal Act on University Medical Professions (LPMéd).
Indeed, the LPMéd exhaustively provides for the disciplinary measures that can be taken against persons practicing a medical profession independently, namely the warning, the reprimand, the fine up to 20,000 francs, the temporary or permanent prohibition to practice. The publication of the sanction is not provided for by the federal law.
Furthermore, the LPMéd…