Withdrawal of the license to practice as a self-employed medical doctor

Facts

The appellant, Med. pract. [A.] , received a license to practice as a self-employed medical doctor in the canton of Aargau on 11 May 2006. After conducting inspections in his practice, disciplinary proceedings were initiated and the appellant was fined CHF 5,000.-- for violating professional duties and lacking trustworthiness, and his license to practice was withdrawn.

The appellant appealed this decision to the Administrative Court of the canton of Aargau, which dismissed the appeal. The appellant then filed an appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court examined the legality of the withdrawal of the license to practice and the imposition of the fine. It found that the lower court had rightly established the violation of professional duties and the appellant's lack of trustworthiness.

The Federal Supreme Court emphasized that trustworthiness in the sense of Art. 36 para. 1 lit. b MedPA is an important criterion for the issuance of a license to practice. It found that the appellant had lost trustworthiness due to his transgressions, such as the systematic distribution of medication and the violation of narcotics regulations.

The Federal Supreme Court…