Kernrechtsfrage
Whether the withdrawal of the self-employed medical practice license under Art. 38 MedBG was lawful due to lack of trustworthiness.
Extrahierter Entscheid
The withdrawal was lawful because the doctor was no longer trustworthy in relation to the health authorities and the public health system.
Extrahierte Begründung
Repeated conduct connected to his medical business and practice management—systematic unlawful medication dispensing, improper narcotics storage and bookkeeping, abuse of patient trust for loans/capital, unpaid social security contributions, and prior disciplinary/criminal issues—showed a serious loss of trustworthiness. Art. 38 MedBG is preventive and requires no milder alternative such as conditions.