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RS 811.11 Federal Law of 23 June 2006 on University Medical Professions (Medical Professions Act, LPMed)

Original Language Title: RS 811.11 Loi fédérale du 23 juin 2006 sur les professions médicales universitaires (Loi sur les professions médicales, LPMéd)

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811.11

Federal Law on University Medical Professions * 1

(Medical Professions Act, LPMed)

On 23 June 2006 (State 1 Er January 2016)

The Swiss Federal Assembly,

See art. 95, para. 1, of the Constitution 2 , having regard to the Federal Council message of 3 December 2004 3 ,

Stops:

Chapter 1 Purpose and scope

Art. 1 Purpose

1 This Act, with a view to promoting public health, promotes the quality of university education, post-graduation training, continuing education and the practice of professions in the fields of human medicine, Dentistry, chiropracticism, pharmacy and veterinary medicine.

2 It guarantees the free movement of members of the academic medical profession throughout Switzerland.

3 To this end, it:

A.
Sets out the requirements for university education and post-graduation training;
B.
Sets the conditions for obtaining federal degrees and federal post-grades for university medical professions;
C.
Requires periodic accreditation of post-graduation education and training streams;
D.
Sets conditions for the recognition of foreign postgraduate degrees and diplomas;
E.
Establishes the rules governing the exercise of academic medical professions on an independent basis;
F.
Lays down the requirements to be met by the register of post-graduate diplomas and titles (register).
Art. 2 University Medical Professions

1 Are considered to be engaged in a university medical profession:

A.
Physicians;
B.
Dentists;
C.
Chiropractors;
D.
Pharmacists;
E.
Veterinarians.

2 The Federal Council may designate other health professions as academic medical professions and subject them to this Act under the following conditions:

A.
These professions require scientific training and professional skills comparable to those required for the academic medical professions mentioned in para. 1;
B.
This designation is necessary to ensure the quality of medical care.

Chapter 2 Principles and objectives of university education, post-graduate training and continuing education

Art. 3 Definitions

1 Scientific and professional training in the medical professions includes university training, post-graduate training and continuing education.

2 University education provides the foundation for the exercise of the chosen medical profession.

3 Post-graduate training allows the following individuals to increase their skills and specialize in the chosen field.

4 Ongoing training ensures that professional knowledge and skills are updated.

Art. 4 Objectives of university education and post-graduate training

1 University education and post-graduation training must enable people who have followed them to prevent, diagnose and cure human or animal health problems, to relieve their suffering, and to Promote their health or manufacture, deliver or distribute therapeutic products to prevent and treat disease.

2 University education and post-graduate training, in particular, enable people who have followed them:

A.
Provide patients with comprehensive and quality individual care;
B.
Deal with problems by using scientifically proven methods, taking ethical and economic considerations into account, and then making the necessary decisions;
C.
Communicate, in an appropriate manner and in accordance with the objective to be achieved, with patients and other persons concerned;
D. 1
Fulfil their responsibilities in the field of health, in particular in the field of basic medical care, and in society in a manner that is consistent with the specific characteristics of their profession;
E.
To carry out the organisational and management tasks incumbent upon them in the course of their professional activity;
F.
Take into account the skills of persons in other recognized health professions;
G.
To deal with international competition.

1 New content according to the c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Art. 5 Federal postgraduate degrees and diplomas

1 A federal degree corresponds to each academic medical profession.

2 The Federal Council shall determine the federal post-graduate qualifications which are issued in the medical professions whose independent exercise is subject to the requirement of post-graduate training in this Act.

3 The Federal Council may also provide for federal post-graduate titles for other academic medical professions, particularly where post-Confederation post-Confederation training is required under another Act of Parliament.

4 Federal and postgraduate degrees are signed by a representative of the Confederation and by a representative of the high school or the organisation responsible for the post-graduate training sector.

Chapter 3 University training

Section 1 Overall objectives

Art. 6 Knowledge, skills and abilities

1 At the end of their university education, people following a course of study must have the following knowledge, skills and abilities:

A.
Have the scientific basis for taking preventive, diagnostic, therapeutic, palliative and rehabilitation measures;
B.
Understand the principles and methods of scientific research;
C.
Identify and evaluate health maintenance factors and take them into account in their professional activity;
D.
Be able to advise, follow and care for their patients in collaboration with members of other professions;
E.
Be able to analyse medical information and research results, assess their findings critically and apply them in their professional activity;
F.
Learn from interdisciplinary collaboration with members of other professions;
G.
To know the legal bases governing the Swiss social protection and public health system and to know how to apply them in their professional activities;
H.
Be able to determine whether the benefits they provide are effective, adequate and economical, and be able to behave accordingly;
I.
To understand the relationship between the economy, on the one hand, and public health and care structures, on the other.

2 They must be able to apply this knowledge, skills and abilities in their professional activities and develop them continuously.

Art. 7 Social skills and personality development

The courses of study must contribute to the development of the personality and social skills of students so that they can cope with future work demands. In particular, they should allow students to: 1

A.
Recognize and respect the limitations of medical activity and their own strengths and weaknesses;
B.
To understand the ethical dimension of their professional activity and to assume their responsibilities towards the individual, society and the environment;
C.
To respect patients' right to self-determination in the course of treatment.

1 New content according to the c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Section 2 Specific training objectives

Art. 8 Human medicine, dentistry and chiropracticism

Individuals who have completed their studies of human medicine, dentistry or chiropracticism must:

A.
To know the basic functional structures and mechanisms of the human body necessary for the exercise of their profession, from the molecular level to that of the body, in all phases of evolution and at all stages between health and Disease;
B.
Control, within their occupational scope, the diagnosis and treatment of health problems and common diseases, as well as conditions requiring emergency response;
C. 1
Be able to use therapeutic products professionally, environmentally and economically;
D.
Recognize important clinical signs in the neighbouring professional fields and adapt their activities to the larger problems they raise;
E.
Be able to summarize and communicate their observations and interpretations;
F.
To understand health problems globally and to identify in particular the factors and consequences of a physical, psychological, social, legal, economic, cultural and ecological nature, and to take account of them in the resolution of the Health problems at the individual and collective levels;
G. 2
Understand patients as individuals and in their social environment and respond to their concerns and those of their loved ones;
H.
Working for human health by providing advice and taking the necessary preventive and promotional measures in their field of work;
I.
Respect the dignity and autonomy of the people concerned, know the basic principles of ethics, be familiar with the various ethical problems that arise in their profession and be guided, in their activities Professional and scientific, through ethical principles for the good of human beings;
J. 3
Have appropriate knowledge of the methods and therapeutic approaches of complementary medicine;
K. 4
Be familiar with the tasks of different professionals in the field of basic medical care and know the central role and function of family doctors.

1 New content according to the c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).
2 New content according to the c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).
3 Introduced by c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).
4 Introduced by c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Art. Pharmacy

Individuals who have completed their pharmacy studies must:

A.
To know and understand, in particular, the scientific bases and legal provisions concerning the manufacture, delivery and distribution of pharmaceutical drugs and adjuvants, the preparation of the relevant documentation and their Elimination;
B.
Understanding the interactions between drugs and their environment
C. 1
Have complete knowledge of the use of drugs and medical devices of importance to their profession, as well as their effects, use and risks;
D.
Knowledge of the most important non-drug therapies for humans and animals;
E.
Be able to provide pharmaceutical advice to members of other health professions and help them to advise patients on health issues;
F. 2
To contribute to the promotion and maintenance of health and the prevention of diseases and to acquire the relevant competences, in particular in the field of vaccinations;
G.
Respect the dignity and autonomy of the people concerned, know the basic principles of ethics, be familiar with the various ethical problems that arise in medicine, particularly in the drug therapy, and se To guide, in their professional and scientific activities, ethical principles for the good of human beings;
H. 3
Be familiar with the tasks of different professionals in the field of basic medical care;
I. 4
Know and understand, in particular, the principles and professional bases concerning the manufacture, delivery, distribution, documentation and disposal of medicinal products of complementary medicine, but also the legal provisions in the Subject matter;
J. 5
Have appropriate basic knowledge of the diagnosis and treatment of frequently occurring health conditions and diseases.

1 New content according to the c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).
2 New content according to the c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).
3 Introduced by c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).
4 Introduced by c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).
5 Introduced by c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Art. 10 Veterinary Medicine

Individuals who have completed their studies of veterinary medicine must:

A.
To know the basic functional structures and mechanisms of the animal organism necessary for the exercise of their profession, from the molecular level to that of the organism, in all phases of evolution and at all stages between health And disease;
B.
Have basic knowledge about the behaviour of animals, whether they are healthy or sick, as well as the requirements for their care, diet and treatment, but also the impact of the Deficiencies in animal welfare and performance;
C.
Control, within their occupational scope, the diagnosis and treatment of health problems and common diseases, as well as conditions requiring emergency response;
D.
Have basic knowledge of genetics and animal husbandry and production, and understand the impact of heredity and production methods on animal welfare and performance;
E.
Be familiarized with the legal bases and tasks of the State in the veterinary field, in particular with the principles of surveillance and control of epizootic diseases, including communicable diseases between human beings and Animals, and with the control of foodstuffs of animal origin and with the principles of animal protection;
F.
Be able to use therapeutic products in a professional, environmentally and economically sound manner;
G.
Be able to summarize and communicate their observations and interpretations;
H.
Respect the integrity of living organisms and the potential conflicts between the different needs of the animal, the human being, society and the environment, but also be able to apply their knowledge by being Aware of their responsibilities;
I. 1
Have appropriate knowledge of the methods and therapeutic approaches of complementary medicine.

1 Introduced by c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Art. 11 Objectives of training in other medical professions

If a federal degree is created for another occupation under s. 2, para. 2, the Federal Council sets the objectives of the training which leads to the completion of this diploma.

Section 3 Federal Review and Diplomas

Art. 12 Admission

1 The conditions for admission to the federal review are as follows:

A.
Be a holder of either a federal maturity or a maturity recognized under federal law, or a graduation diploma from a cantonal university, a federal polytechnic school, or a specialized high school;
B.
Have completed a course of study accredited in accordance with this Act.

2 If Switzerland does not offer training to a medical profession referred to in Art. 2, is permitted under the federal review for any person who meets the following conditions:

A.
Submit a specified number of study credits granted by a sector of a high school accredited in accordance with this Law;
B.
Have completed, in a high foreign school, a course of study on the list drawn up by the Federal Department of the Interior (art. 33).

3 After consulting with the Medical Professions Commission and the Council of Higher Schools, the Federal Council determines the number of education credits referred to in para. 2, let. A. 1


1 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).

Art. 13 Review Regulations

1 After consulting with the Medical Professions Commission and the university high schools, the Federal Council determines in a review regulation:

A.
The content of the review;
B.
The examination procedure;
C.
Registration fees for examinations and allowances paid to experts.

2 After consulting with the Medical Professions Commission, the Federal Council appoints the examination committees empowered to pass the tests and give them the necessary mandates.

Art. 14 Federal Review

1 University training ends with the success of the federal review.

2 The federal review should determine whether students are:

A.
Possess the knowledge, skills, abilities, social skills and behaviours required to conduct the selected medical profession;
B.
Meet the conditions for the necessary postgraduate training.
Art. 15 Recognition of foreign degrees

1 A foreign diploma is recognised whose equivalence with a federal diploma is laid down in a treaty on mutual recognition of diplomas concluded with the State concerned, and whose holder is fluency in a Swiss national language.

2 A recognized foreign diploma deploys in Switzerland the same effects as a federal degree.

3 Recognition falls within the competence of the Medical Professions Commission.

4 The Medical Professions Commission, if it does not recognise the foreign diploma, lays down the conditions for obtaining the corresponding federal diploma.

Art. 16 Competence of Higher University Schools

High university schools regulate courses of study leading to a federal degree in accordance with the accreditation criteria and objectives set out in this Act.

Chapter 4 Post-graduation training

Section 1 Objectives and duration

Art. 17 Objectives

1 Postgraduate training must extend and deepen the knowledge, skills, abilities, social skills and behaviours acquired during university training so that the people who have followed it are able to exercise their skills. Professional activity under their own responsibility in the field concerned.

2 In particular, it must make them suitable for:

A.
Make safe diagnoses and prescribe or carry out appropriate therapies;
B.
Respect human dignity in the treatment of patients as in contact with patients' relatives;
C.
Accompanying patients at the end of their life;
D.
Acting autonomously in emergency situations;
E.
To take action to maintain and promote health and prevention;
F. 1
Make effective, appropriate and economical use of the means at their disposal;
G.
Collaborating with colleagues in Switzerland and abroad, with members of other health professions and with the relevant public health authorities;
H.
Continue to train for the duration of their professional activity;
I. 2
Understand the tasks of the various professionals in the field of basic medical care and their interactions, including the role of the piloting of family medicine, and to fulfil their tasks in this field in accordance with the specificities of their Profession.

3 Physicians active in basic medical care must acquire their knowledge, skills and abilities specific to family medicine during the corresponding postgraduate training in family medicine, Partly in the form of a assistantship in the cabinet. 3


1 New content according to the c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).
2 Introduced by c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).
3 Introduced by ch. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Art. 18 Duration

1 Postgraduate training lasts at least two years, and no more than six years.

2 In the case of part-time post-graduate training, the duration shall be extended accordingly.

3 The Federal Council, after consulting the Medical Professions Commission, determines the duration of post-graduation training for the various post-grade titles corresponding to the medical professions. Instead of setting its duration, it may determine the extent of the training to be taken, in particular by determining the number of post-graduation training credits required.

Section 2 Admission

Art. 19

1 Holders of a federal diploma may undergo accredited post-graduate training in their field.

2 No one can claim a right to a post-graduate training place.

3 Admission to post-graduate training may not be subject to membership in a professional association.

Section 3 Post-rank titles and recognition of foreign post-graduate titles

Art. Grant of post-graduate titles

The organisation responsible for the accredited post-graduate training stream grants the corresponding title.

Art. Recognition of foreign postgraduate titles

1 Is recognised the foreign postgraduate title whose equivalence with a federal post-grade title is established in a treaty on the reciprocal recognition of post-grade titles concluded with the State concerned and whose holder is in a national language Switzerland.

2 A recognized foreign postgraduate title deploys in Switzerland the same effects as the corresponding federal post-grade title.

3 The recognition of foreign post-graduate titles falls within the purview of the Medical Professions Commission.

4 ... 1


1 Repealed by c. I of the PMQ of 20 March 2015, with effect from 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Chapter 5 Accreditation of post-graduation education and training courses and recognition of foreign studies

Section 1 Principle

Art. Purpose and purpose of accreditation

1 The purpose of accreditation is to ensure that post-graduation education and training courses enable persons in post-graduate training and post-graduate training to achieve the objectives set out in this Act.

2 It includes monitoring the quality of structures, processes and outcomes.

Art. Mandatory Accreditation

1 Any course of study leading to a federal degree must be accredited in accordance with the Law of 30 September 2011 on the encouragement and coordination of high schools (LEHE) 1 And in accordance with this Law. Each sector gives rise to only one accreditation procedure. This is in accordance with s. 32 LEHE. 2

2 Post-graduation training courses leading to the obtaining of a federal title must be accredited in accordance with this Act.


1 RS 414.20
2 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).

Section 2 Accreditation Criteria

Art. 24 1 Study Filières

1 A course of study leading to a federal degree is accredited if it meets, in addition to the requirement for certification under s. 31 LEHE 2 , with the following criteria:

A.
To enable students to achieve the goals of the university medical profession they have chosen;
B.
Allow students to attend post-graduate training.

2 The Medical Professions Commission shall be consulted before accreditation.

3 The Federal Council may issue special accreditation criteria for the structure of the study streams and the student evaluation system, if this is necessary to prepare for the federal review. It consults the High Schools Council in advance.


1 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).
2 RS 414.20

Art. 25 Post-Grade Training Subsidiaries

1 A post-graduate training course to obtain a federal post-grade post is accredited under the following conditions:

A.
It is under the responsibility of a national professional association or other appropriate organisation (responsible organisation);
B.
It allows trainees to meet the objectives of the post-graduate training set out in this Act;
C.
It is open to people from all over Switzerland;
D.
It is based on university education;
E.
It determines whether or not the persons in training have met the objectives set out in s. 17;
F.
It includes both practical training and academic instruction;
G.
It ensures that post-graduation training takes place under the responsibility of a holder of a corresponding federal post-graduate title;
H.
Post-graduation training is provided in post-graduate training institutions recognized for this purpose by the responsible organization;
I.
Requires individuals in training to provide personal collaboration and to take on responsibilities;
J.
The responsible organisation has an independent and impartial body responsible for deciding on the use of persons in training or post-graduate training institutions, in accordance with a fair procedure, at least in the cases provided for in Art. 55.

2 The Federal Council, after consultation with the Medical Professions Commission and the responsible organizations, may issue provisions that embody the criterion of accreditation referred to in para. 1, let. B.

3 Only one organization is responsible for all post-graduation training courses for each academic medical profession.

Section 3 Procedure for accreditation of post-graduation training courses 4

Art. 26 Demand and Self-Assessment

1 The organisation responsible for a post-graduate training course addresses an application for accreditation to the accreditation body (Art. 47, para. 2). 1

2 It shall attach to its application a report attesting to the fulfilment of the accreditation criteria.


1 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).

Art. 27 External Evaluation

1 The accreditation body (art. 48, para. 2) set up committees of experts to monitor post-graduation training courses. 1

2 Expert commissions are composed of recognized Swiss and foreign experts.

3 They supplement the applicants' self-assessment report with their own analyses.

4 They shall submit a reasoned request for accreditation to the accreditation body.

5 The accreditation body may: 2

A.
Refer the request for accreditation to the Committee of Experts for further processing;
B.
To deal with the request of the Committee of Experts itself and, if necessary, forward it for decision to the accreditation body with a request and a supplementary report.

1 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).
2 New content according to the c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Art. 28 Accreditation decision

1 The accreditation body shall decide on the applications after consulting the Medical Professions Commission.

2 It may include the accreditation of expenses.

Art. 1 Validity Period

1 The duration of validity of the accreditation of courses of study is governed by the Law of 30 September 2011 on the encouragement and coordination of high schools 2 .

2 The period of validity of the accreditation of post-graduation training courses is not more than seven years.


1 New content according to the c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).
2 RS 414.20

Art. Expenses and Revocation

1 If the accreditation is accompanied by charges, the organisation responsible for the post-graduate training course must prove the execution of the charges within the time limit laid down in the accreditation decision. 1

2 If the charges are only partially fulfilled, the accreditation authority may impose new charges.

3 If the enforcement of the accreditation criteria is seriously affected by the failure to comply with the requirements, the accreditation body may revoke accreditation at the request of the accreditation body.


1 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).

Art. 1 Modification of a certified postgraduate training stream

1 Any material changes to a certified postgraduate training stream must be brought to the attention of the accreditation body. 2

2 If the amendment does not meet the accreditation criteria, the accreditation authority may impose charges.


1 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).
2 New content according to the c. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Art. A 1 Obligation to inform

Organizations responsible for post-graduation training are required to provide, on request, free of charge to the accreditation body all the information, reports and documents required for the performance of its supervisory duties.


1 Introduced by ch. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Section 3 A Funding for accreditation 5

Art. 32 ... 1

1 The accreditation of courses of study shall be financed in accordance with Art. 35 LEHE 2 . 3

2 The accreditation of post-graduate training courses is financed by emoluments.


1 Repealed by c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, with effect from 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).
2 RS 414.20
3 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).

Section 4 List of Discovered Foreign Studies

Art. 33

1 The department maintains, in an ordinance, a list of recognized chiropracticpractice studies that are offered by foreign university schools.

2 Chiropractic studies offered by higher foreign schools are listed if they have been subject to an accreditation procedure which ensures that the training meets the quality requirements set out in the Present law.

3 The Federal Council regulates the periodic monitoring of recognised studies.

Chapter 6 Professional practice and continuing education

Art. 34 Authorization system

The exercise of an academic medical profession on an independent basis requires the authorisation of the canton on whose territory the medical profession is exercised.

Art. 35 Obligation to announce

1 Holders of foreign professional qualifications who may avail themselves of Annex III of the Agreement of 21 June 1999 1 Between the Swiss Confederation of the one part, and the European Community and its Member States, of the other part, on the free movement of persons, or of Annex K to the Convention of 4 January 1960 establishing the European Free Trade Association (AELE) 2 May exercise without authorization an academic medical profession on an independent basis and as service providers. They must be announced in accordance with the procedure established by the Federal Law of 14 December 2012 on the obligation of service providers to declare their professional qualifications in the context of the regulated professions and on the Verification of these qualifications 3 The competent cantonal authority shall record the declaration in the register. 4

2 Cantonal authorisation holders shall have the right to practise their medical profession independently in another canton, for at least 90 days per calendar year, without having to require authorisation from that canton. The restrictions and charges related to their authorization also apply to this activity. These persons must announce themselves to the competent cantonal authority. This will include the announcement in the Register. 5

3 ... 6


1 RS 0.142.112.681
2 RS 0.632.31
3 RS 935.01
4 New content according to Art. 8 hp. 1 of the 14 Dec PMQ. 2012 on the obligation of service providers to declare their professional qualifications in the context of the regulated professions and on the verification of these qualifications, in force since 1 Er Seven. 2013 ( RO 2013 2417 ; FF 2012 4103 ).
5 Phrase introduced by art. 8 hp. 1 of the 14 Dec PMQ. 2012 on the obligation of service providers to declare their professional qualifications in the context of the regulated professions and on the verification of these qualifications, in force since 1 Er Seven. 2013 ( RO 2013 2417 ; FF 2012 4103 ).
6 Repealed by Art. 8 hp. 1 of the 14 Dec PMQ. 2012 on the obligation of service providers to declare their professional qualifications in the context of the regulated professions and on the verification of these qualifications, with effect from 1 Er Seven. 2013 ( RO 2013 2417 ; FF 2012 4103 ).

Art. 36 Requirements for the granting of authorisation

1 The authorisation to practise on an independent basis shall be granted if the applicant:

A.
Has the corresponding federal degree;
B.
Is trustworthy and presents, both physically and psychically, the guarantees necessary for an irreproachable exercise of the profession.

2 Any person who wishes to practise the profession of doctor or chiropractor on an independent basis must, in addition, be the holder of the corresponding federal post-graduate title.

3 The Federal Council, after consulting the Medical Professions Commission, provides that the holders of a post-graduation diploma or title issued by a State with which Switzerland has not concluded a mutual recognition treaty may Be self-employed if their post-graduation diploma or title is equivalent to a federal post-graduate diploma or title. These persons must meet one of the following conditions:

A.
To teach in an accredited post-graduate education or training stream and to practise their profession independently in the hospital in which they teach;
B.
To practise self-employment in an area where there is evidence that the provision of medical care is inadequate.
Art. Restrictions on authorisation and charges

The canton may provide that the authorisation to practise on an independent basis is subject to temporal, geographical or technical restrictions and to charges as long as these restrictions and charges are imposed by the Confederation Or that they are necessary to ensure reliable and quality medical care.

Art. 38 Withdrawal of authorization

The authorisation shall be withdrawn if the conditions of the grant are no longer fulfilled or if the competent authority finds, on the basis of events following the granting of the authorisation, that the authorisation should not have been issued.

Art. 39 Professional Designation

After consulting the Medical Professions Commission, the Federal Council regulates the way in which federal post-graduate degrees and diplomas can be used in the professional designation.

Art. 40 Professional Duties

Individuals engaged in an independent academic medical profession must observe the following professional duties:

A.
To carry out their activities with care and professional awareness and to respect the limits of the skills they have acquired in the course of their university education, post-graduate training and continuing education;
B.
To deepen, develop and improve their professional knowledge, skills and abilities through continuous training;
C.
Guaranteeing the rights of the patient;
D.
Refrain from advertising which is not objective and which does not satisfy the general interest; it must not be misleading or unwelcome;
E.
Defend, in their collaboration with other health professions, exclusively the interests of patients regardless of the financial benefits;
F.
Observe professional secrecy in accordance with the relevant provisions;
G.
Providing emergency assistance and emergency services in accordance with the cantonal provisions;
H.
To conclude professional civil liability insurance that provides coverage tailored to the nature and extent of the risks associated with their activity or to provide equivalent security.
Art. Cantonal Supervisory Authority

1 Each canton shall designate an authority responsible for the supervision of persons engaged in an academic medical profession on an independent basis in its territory.

2 This supervisory authority shall take the necessary measures to ensure that professional duties are respected.

Art. Administrative assistance

The judicial authorities and the administrative authorities shall without delay announce to the supervisory authority of their canton the facts likely to constitute a breach of professional duties.

Art. 43 Disciplinary measures

1 In the event of a breach of professional duties, provisions of this Law or of its implementing provisions, the supervisory authority may impose the following disciplinary measures:

A.
A warning;
B.
A reprimand
C.
A fine of not more than 20 000 francs;
D.
A prohibition on self-employment for up to six years (temporary ban);
E.
A definitive ban on self-employment for all or part of the scope of activity.

2 In the event of a breach of the professional duties set out in Art. 40, let. B, only the disciplinary measures referred to in para. 1, let. A to c.

3 The fine may be imposed in addition to the prohibition of self-employed practice.

4 During the disciplinary procedure, the supervisory authority may restrict the authorisation to practice, attach or remove the charges.

Art. 44 Disciplinary procedure in another canton

1 If the supervisory authority of a canton opens disciplinary proceedings against a person exercising a medical profession who is the holder of an authorisation from another canton, it shall inform the supervisory authority of that canton.

2 If it intends to prohibit the person in question from practising as an independent person, she shall consult the supervisory authority of the canton which has issued the authorisation.

Art. 45 Effects of the prohibition on self-practice

1 The prohibition of practice applies throughout Switzerland.

2 It lapses any authorization to practice independently.

Art. Limitation period

1 Disciplinary action shall be subject to two years from the date on which the supervisory authority has been informed of the facts in question.

2 Any act of instruction or procedure which the supervisory authority, a criminal prosecution authority or a court of law operates in relation to the facts complained of results in an interruption of the limitation period.

3 The disciplinary action shall be prescribed in all cases by ten years from the commission of the incriminated facts.

4 If the breach of professional duties constitutes an act under criminal law, the longer limitation period laid down in criminal law shall apply.

5 The supervisory authority may take into account the facts prescribed to assess the risks to which public health is exposed as a result of the conduct of a person undergoing disciplinary proceedings.

Chapter 7 Organization

Section 1 Accreditation

Art. Trust Instance

1 The accreditation of courses of study leading to the obtaining of a federal diploma is the responsibility of the Swiss Council of Accreditation referred to in Art. 21 LEHE 1 . 2

2 The accreditation of post-graduation training courses leading to the obtaining of a federal post-degree title is within the competence of the department.


1 RS 414.20
2 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).

Art. 48 1 Accreditation Body

1 The examination of applications for accreditation filed by university colleges is subject to the competence of the Swiss Agency for Accreditation and Quality Assurance under Art. 22 LEHE 2 ; it is within the competence of an internationally recognised accreditation institution when the institution to be accredited in fact makes the application to the accreditation body.

2 The Federal Council appoints the body responsible for examining applications for accreditation by organisations responsible for post-graduate training. It can entrust this task to the Swiss Agency for Accreditation and Quality Assurance.


1 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).
2 RS 414.20

Section 2 Medical professions commission

Art. Composition and organization

1 The Federal Council establishes a Medical Professions Commission and appoints its members.

2 It ensures appropriate representation of the Confederation, the cantons, the university colleges and the professional circles concerned.

3 The Medical Professions Commission consists of a directorate as well as a section "university education" and a section "post-graduate training". It has a secretariat.

4 It adopts a regulation, in particular the decision-making procedure. The Regulation is subject to the approval of the Department.

Art. 50 Tasks

1 The Medical Professions Commission has the following tasks and competencies:

A. 1
Advise the accreditation body, the Federal Council, the Department and the Council of Higher Schools on issues related to post-graduate education and training;
B.
Issuing opinions on applications for accreditation in the fields of university education and post-graduate training;
C. 2
Regular reports to the Department and the High School Board;
D.
Decide on the recognition of foreign postgraduate degrees and diplomas;
E.
Oversight of federal reviews;
F.
Where appropriate, propose measures to the relevant departments to improve the quality of university education or post-graduate training.

2 The Medical Professions Commission may process personal data as long as the performance of its tasks requires it.


1 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).
2 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).

Section 3 Register

Art. Competence, purpose and content

1 The Department maintains the Register of University Medical Professions.

2 This register is used for information and protection of patients, for quality assurance, for statistical purposes, for the establishment of medical demography and for information on foreign services. It is also intended to simplify the procedures necessary for the granting of authorisation to practice.

3 The Register shall contain the data necessary to achieve the aims set out in para. 2. Also include sensitive data within the meaning of s. 3, let. C, of the Federal Law of 19 June 1992 on Data Protection 1 .

4 The register shall contain in particular the information necessary for the cantons and the federal bodies in the context of the application of the Federal Act of 18 March 1994 on health insurance 2 .

5 The Federal Council shall lay down provisions on the personal data contained in the register and the manner in which they are treated.


Art. Obligation to advertise

1 The competent cantonal authorities shall without delay announce to the Department any grant or refusal of an authorisation to practice on an independent basis and any modification of the authorisation, including any restriction on the exercise of the profession And any disciplinary action.

2 Organizations responsible for a post-graduate training stream announce the granting of a federal post-grade title.

Art. Data Communication

1 The data contained in the register can be consulted online.

2 Data relating to disciplinary measures and restrictions, as well as the grounds for refusal of authorisation and withdrawal within the meaning of Art. 38 may be consulted only by the authorities responsible for granting authorisations to practise. All other data can be accessed freely.

Art. Cancellation and elimination of entries in the register

1 The entry in the register of a warning, reprimand or fine shall be completed, five years after the delivery of the disciplinary measure in question, by the words "radiated".

2 The entry in the register of a temporary ban on practice is completed, ten years after the lifting of the prohibition, by the words "radiated".

3 The registration of restrictions shall be eliminated from the Register five years after their removal.

4 All entries relating to a person are removed from the register as soon as the person in question is 80 years of age or an authority announces his death. The data can then be used for statistical purposes in an anonymous form.

Chapter 8 Law and criminal provisions

Section 1 Lanes of law

Art. Decisions of organizations responsible for post-graduation training courses

1 Organizations responsible for accredited post-graduate training courses shall take, in accordance with the Federal Act of 20 December 1968 on administrative procedure 1 , decisions on:

A.
Validation of post-graduate training periods;
B.
Admission to the final examination;
C.
The success of the final review;
D.
The granting of post-grade securities;
E.
Recognition of post-graduate training institutions.

2 At the request of the applicant, they shall take a decision concerning admission to an accredited post-graduate course. 2


1 RS 172.021
2 Introduced by ch. I of the PMQ of 20 March 2015, in force since 1 Er Jan 2016 ( RO 2015 5081 ; FF 2013 5583 ).

Art. 56 Procedures for Consultation of Review Files

In order to ensure the confidentiality of examination papers in the medical professions, the submission of examination files may be refused, the production of copies or of double prohibition and the duration of the consultation of the restricted files.

Art. 57 1

1 Repealed by c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, with effect from 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).

Section 2 Criminal provisions

Art.

Any person shall be fined:

A.
Who claims to have a post-graduate degree or title governed by this Act when she has not obtained it regularly;
B.
Which uses a name falsely claiming that it has completed a university course or post-graduate training governed by this Act.

Chapter 9 Final provisions

Section 1 Monitoring and enforcement

Art. Monitoring

The Federal Council shall monitor the implementation of this Act.

Art. 60 Executing

The Federal Council shall issue the implementing provisions.

Section 2 Repeal of the right in force

Art. 61

The Federal Law of 19 December 1877 concerning the exercise of the professions of doctor, pharmacist and veterinarian in the Swiss Confederation 1 Is repealed.


1 [RS 4 303; RO 2000 1891 Ch. III 1, 2002 701 ch. I 3, 2006 2197 Annex c. 88]

Section 3 Transitional provisions

S. 62 Application to fields of study

1 The regulations on fields of study shall be adapted to this Law so that the new provisions may be applied to first-year students no later than two years after the entry into force of this Law.

2 The Federal Council shall adapt the rules of examination within one year of the entry into force of this Law. These regulations apply to students who follow the new education streams.

3 The tasks of the Steering Committee are taken up by the Medical Professions Commission and those of the local presidents, by the chairmen of the examination committees.

4 Federal reviews are conducted in accordance with the former right for three years after the coming into force of this Act. The examinations of the first, second, third and fourth years, which are carried out by the university colleges during this transition period, are considered to be federal examinations.

5 The first federal review under this Act for human medicine, dentistry, pharmacy and veterinary medicine will take place four years after the coming into force of this Act.

6 The first federal review under this Act for chiropracticism will take place one year after the coming into force of this Act.

S. 63 Accreditation of studies after the entry into force of this Law

1 Academic high school education courses which, at the time of entry into force of this Act, lead to a federal degree corresponding to a medical profession are considered to be accredited.

2 This accreditation is valid for five years.

Art. 64 Accreditation of post-graduation courses after the entry into force of this Law

1 Post-graduation training courses leading to the obtaining of a federal post-graduate qualification must be accredited under the new provisions no later than four years after the entry into force of this Act.

2 The post-graduate training course in chiropracticism shall be considered to be accredited upon the entry into force of this Law for a period of four years.

Art. Federal post-rank titles

1 Holders of a federal medical degree who, 1 Er June 2002, for the benefit of a cantonal authorisation to practice independently, remain entitled to practise their profession on an independent basis throughout Switzerland without a federal post-graduation title. Those who had not obtained post-graduation title before that date were given a title corresponding to their practical and theoretical postgraduate training.

2 The Federal Council regulates the modalities.

Art. 66 Chiropractors

1 Persons who, on the entry into force of this Law, are entitled to a Cantonal authorisation to exercise on an independent basis the profession of chiropractor shall remain entitled to do so throughout Switzerland without post-graduation title Federal or federal degree.

2 If the Federal Council has jurisdiction over s. 2, para. 2, it grants it the status of persons who are already in the profession newly subject to this Act.

Art. 67 Disciplinary measures

1 The disciplinary measures provided for in s. 43 do not apply to events prior to the coming into force of this Act.

2 A temporary or definitive prohibition of self-employment may be imposed for acts prior to the entry into force of this Law which constitute a breach of the professional duty referred to in s. 40, let. A, if this measure responds to a compelling reason for public health.

Section 4 Referendum and entry into force

Art. 68

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force.


Date of entry into force 6 : 1 Er September 2007 Art. 35 and 51 to 54: 1 Er September 2008


RO 2007 4031


1 * The terms designating people also apply to women and men.
2 RS 101
3 FF 2005 157
4 New content according to the c. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).
5 Introduced by ch. II 6 of the Annex to the PMQ of 30. 2011 on the encouragement and coordination of high schools, in force since 1 Er Jan 2015 ( RO 2014 4103 ; FF 2009 4067 ).
6 ACF of June 27, 2007


State 1 Er January 2016