Federal Supreme Court, Decision 2C_119/2021 of 1 June 2021

1 juillet 2021 – In this decision, the Federal Supreme Court had to assess whether the appellant had been lawfully refused entry in the register of medical professions (MedReg) as a pharmacist assistant under the responsibility of a third party. Based on the Ordinance on Pharmacist Examinations, which has since been repealed, the appellant had been granted the right to work as an assistant in a public pharmacy or hospital pharmacy, even though she had not completed her studies in pharmacy. Since 1 January 2020, however, registration in the MedReg has been mandatory for all persons practising the profession of pharmacist (cf. art. 51 para. 1 of the Federal Act on the University Medical Professions (MedBG)). The appellant argued in particular that the relevant federal law had been misapplied.

The Federal Supreme Court held that registration in the register of medical professionals is intended exclusively for persons practising a university medical profession within the meaning of the MedBG. This does not apply to the appellant, who only holds a certificate as a pharmacist assistant. Consequently, the lower court did not violate federal law by concluding that the prerequisites for registration were not met. The appeal was dismissed.

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