Facts
The appellant, Dr. med. [X.] , applied for a senior practice permit in 2000, which was granted to him for three years and later extended. The permit allowed him to practice as a self-employed physician, limited to treating close relatives and close friends, as well as preparing expert opinions. In 2007, the Health Directorate of the Canton of Zurich rejected the application for further extension and expansion of the senior practice permit, as the appellant did not meet the requirement of trustworthiness.
The appellant unsuccessfully appealed to the Administrative Court of the Canton of Zurich and then filed a complaint with the FSCA. He requested that the FSCA overturn the decision of the Administrative Court and remand the case to the Health Directorate to conduct proceedings for the issuance of an ordinary professional practice permit.
Considerations
The FSCA examined the admissibility of the complaint and concluded that the complaint in public law matters was admissible, as the contested decision was not based on an assessment of the appellant's mental and physical abilities.
The court rejected the appellant's request for an extension of the deadline for a possible further submission, as this was not compatible with the jurisprudence of the FSCA. The lower court had denied the appellant trustworthiness within the meaning of § 8 para. 1 GesG/ZH or Art. 36 para. 1 lit. b MedPA, as he had violated the conditions of the senior practice permit by issuing prescriptions for sodium pentobarbital to persons who were not part of his close family or close friends.
The FSCA confirmed the decision of the lower court and concluded that the appellant did not…