Facts

The appellant [X.] is a practicing physician in the canton of Solothurn. In addition to his regular practice activities, he collaborated with the operator of an internet platform that primarily served for the international distribution of prescription drugs to private individuals. On behalf of the operator, [X.] reviewed prescription requests submitted through this internet platform and, if appropriate, issued a prescription that was then forwarded to a mail-order pharmacy integrated into the distribution structure. As a basis for reviewing the prescription requests, [X.] used a health questionnaire that the patient had filled out online. Due to the suspicion of a violation of the Narcotics Act, the public prosecutor's office of the canton of Solothurn initiated criminal proceedings against [X.] . Additionally, the Department of the Interior of the canton of Solothurn initiated disciplinary proceedings against him. By order dated August 8, 2011, the Department imposed a disciplinary fine of CHF 9,000.-- on [X.] . It accused him of having issued more than 9,000 prescriptions for prescription drugs solely based on the electronically transmitted questionnaire during the period from September 2007 to May 2008, which constituted a violation of the duty to practice the medical profession with care and diligence. [X.] unsuccessfully appealed the Department's order to the Administrative Court of the canton of Solothurn. He then filed an appeal in public law matters with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It concluded that [X.] had violated his duty to practice the profession with care and diligence pursuant to Art. 40 lit. a of the Federal Act on the University Medical Professions (MedPA). On the one hand, [X.] had violated the provisions of narcotics law by prescribing drugs that are classified as narcotics in Switzerland to patients in other countries without having personally…