The Federal Supreme Court has ruled against the canton of Neuchâtel. The canton wanted to impose a maximum age on doctors.
A general practitioner and sports physician from Neuchâtel has received a belated gift from the Federal Supreme Court for his 80th birthday.
On Friday afternoon, the court announced that the canton of Neuchâtel was not allowed to set a maximum age for the granting of a license to practise medicine and other medical professions requiring a license.
Cantonal court overrules
The canton of Neuchâtel had renewed the cantonal license to practice medicine for a doctor in April 2023, but limited the license until the doctor’s 80th birthday at the end of August 2024.
A corresponding age limit for doctors and other medical professions requiring a license is provided for in the Neuchâtel Health Act.
As a result, even the cantonal court confirmed the decision in 2024.
Don’t let patients down
But the Neuchâtel doctor did not want to accept this and complained to the Federal Supreme Court.
After all, many patients are struggling to find GPs because the shortage of doctors in Switzerland is so pronounced. Senior doctors therefore do not want to abandon their clientele and they continue practising.
Law does not have maximum age
The Neuchâtel regulation in question regarding the age limit is not compatible with overriding federal law, decided Switzerland’s highest judges.
The Federal Act on the University Medical Professions (MedBG) regulates the requirements for the granting of a license to practice medicine and this norm does not contain any reference to a maximum age for practicing the medical profession, the Federal Supreme Court ruled.
Neuchâtel special path?
However, the cantons only had limited scope for supplementary regulations. Setting a maximum age for doctors would go beyond this.
Neuchâtel seems to be the only canton in the country that has an absolute age limit for doctors, the federal judges pondered.
Senile doctors prevented
However, the Federal Supreme Court did not want to allow eternal doctors in Switzerland quite so easily.
The cantons are already allowed to issue temporary licenses for doctors in order to regularly check whether the requirements for granting the licenses are still met, the federal judges explained.
The cantons may also request an assessment of the person concerned in order to examine this question, they added.
This means that if a doctor is deemed already senile, a canton may refuse to grant a license, but this has nothing to do with any fixed maximum age.
31.05.2025/kut./ena.
