Facts
The complainant [X.] , a naturopath, applied to the Health Directorate of the Canton of Zurich for recognition of his naturopathic license with injection authorization, which he had obtained in the Canton of Appenzell Ausserrhoden. The Health Directorate rejected the application, as the complainant did not demonstrate the necessary trustworthiness. The Administrative Court of the Canton of Zurich confirmed this decision.
The complainant argued that the refusal of the authorization violated his personal freedom and economic freedom and that the Cantons of Zurich and Appenzell Ausserrhoden had equivalent market access regulations. He requested that the authorization be granted to enable him to practice as a naturopath in the Canton of Zurich.
Considerations
The Federal Court examined whether the refusal of the authorization by the Health Directorate and the Administrative Court of the Canton of Zurich was lawful. It found that the Cantons of Zurich and Appenzell Ausserrhoden do not have equivalent market access regulations, as the Canton of Zurich requires a medical license or a nursing diploma for the administration of injections and blood sampling.
The court found that the complainant's trustworthiness was not established, as he had repeatedly violated the Medicines and Healthcare legislation and his offenses could not be considered…