Questão jurídica principal
Whether an FMH specialist title can replace the federal medical diploma required for an ordinary license to practice medicine.
Decisão extraída
No. The FMH title is not an Arztdiplom within the meaning of the federal medical-practice legislation and cannot substitute for the required eidgenössisches Arztdiplom.
Fundamentação extraída
Section 11 of the Sanitätsverordnung requires compliance with federal rules on freedom of medical practice. Under Art. 1 lit. a of the federal statute, only physicians with an eidgenössisches diploma may practice freely. The FMH title is a private professional distinction, not a statutory diploma; the wording of both the federal statute and the cantonal ordinance does not allow treating it as equivalent.