13 February 2026

In 2009, A was granted a cantonal licence to practise medicine in the Canton of Schwyz, which was valid until 2030. In 2017, a prohibition was imposed on him from performing massages and manual therapies. Furthermore, the Office for Health and Social Affairs of the Canton of Schwyz required that he examine and treat female patients only in the immediate presence of another person. This was due to several criminal complaints filed against A, including allegations of indecent assault. In 2019, A was criminally convicted of indecent assault and abuse of persons incapable of proper judgement or resistance. Subsequently, the Office for Health and Social Affairs of the Canton of Schwyz ordered the permanent revocation of his medical licence. This decision was supported by the Cantonal Government and the Federal Supreme Court.

The case before the Federal Supreme Court concerned the permanent revocation of A’s licence under Art. 38 para 1 of the Federal Act on Medical Professions (Medizinalberufegesetz, MedBG). The cantonal office justified this decision on the basis of a loss of trustworthiness, which, according to Art. 36 para 1 lit. b MedBG, is a prerequisite for holding a licence. A argued before the Federal Supreme Court that the revocation disproportionately restricted his economic freedom. The Court first examined whether a milder measure than revocation could be applied in cases of lost of trustworthiness. By interpreting the relevant statutory provisions, it concluded that such a milder measure was, in principle, permissible. However, in the subsequent proportionality assessment, the Court found that permanent revocation was appropriate, necessary, and reasonable. In particular, the Court weighed public interests more heavily than the personal interests asserted. For this reason, the Federal Supreme Court dismissed the appeal.

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