11 September 2024 – In its decision dated 25 July 2024, the Federal Supreme Court dismissed the appeal filed by a dentist against an order issued by the Department of Finance and Health (Departement Finanzen und Gesundheit) of the Canton of Glarus. The appellant contested a fine of CHF 5,000 and an order to complete 100 hours of continuing education by 2026, which were imposed due to his failure to comply with his professional obligations.

The appellant argued that the continuing education requirement and the fine were disproportionate, particularly given his part-time work status and the fact that he was already receiving an old-age pension. He also contested the applicability of the Swiss Dental Association norms (SSO-Richtlinien), asserting that since he was not a member, their application violated the principle of legality.

The Court found that the continuing education requirement and the fine were in accordance with the law. The Court held that the continuing education obligation under Article 40 lit. b of the Act on University Medical Professions (Medizinalberufegesetz, MedBG) could be specified by private rules of professional conduct such as the SSO norms and that the order to make up for missed training did not constitute a violation of the ne bis in idem principle (Verbot der Doppelbestrafung). The Court further determined that the appellant’s part-time status did not affect the necessity of maintaining professional liability insurance or the amount of the fine, as these were based on the severity of the offence.

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