Health Act (GesG) - Objectives (GESG)

1. This law is intended to protect, promote, and restore the health of the population while respecting the dignity, self-determination, and integrity of the individual.

2. It aims to enable residents to maintain and enhance their health and to promote health-favorable living conditions.

3. It promotes awareness of responsibility, costs, and quality among professionals working in the healthcare sector and the population.

4. It regulates medical and healthcare professions in human and veterinary medicine.

1. The canton aligns its measures for the preservation and improvement of health with internationally or nationally recognized Swiss standards and procedures; it may also develop its own strategies.

2. It monitors the health status of its population and provides regular updates on it.

3. It may promote the outpatient healthcare services of the population with appropriate measures.

1. The Canton enforces this law unless the municipalities are explicitly declared to be responsible.

2. The Canton collaborates in the enforcement of this law with the Confederation, with other cantons, with the municipalities, and with neighboring foreign countries.

3. The Canton may call upon third parties to assist in the enforcement of the law and may delegate tasks to them.

1. The competent Directorate (hereinafter: Directorate) is the executive and supervisory authority of the canton within the regulatory scope of this law.

2. In the municipalities, the municipal council serves as the executive and supervisory authority, unless another authority is designated as competent by a municipal regulation.

3. The executive and supervisory authorities conduct the necessary inspections within the scope of their competence and in cooperation with the federal authorities.

4. The executive and supervisory authorities maintain an appropriate system for quality assurance of technical applications.

1. Health Services of the Directorate are

a. the Office of Health, in particular with

1. the Cantonal Physician;

2. the Cantonal Dentist;

3. the Cantonal Pharmacist;

b. the Office of Food Safety and Veterinary Affairs, in particular with

1. the Cantonal Veterinarian;

2. the Cantonal Chemist.

1. The Executive Council may establish commissions for specific areas of responsibility. It regulates the composition, election, and activities of the commissions.

2. The commissions advise and support the Executive Council, the Directorate, and the health services in fulfilling their tasks. They make decisions to the extent authorized by law.

3. The Executive Council may provide for joint commissions with other cantons and conclude the corresponding agreements.

1. Any activity performed independently under one's professional responsibility, which falls within the field of a profession regulated by this law and requires specific education and experience, may only be carried out by individuals who are authorized by a license from the Directorate to practice this profession.

1. Authorization under § 7 is also required by anyone who

a. Offers services via telecommunications from the Canton of Basel-Landschaft, even if the patients are not located within the canton;

b. Makes services, which are offered via telecommunications from outside the Canton of Basel-Landschaft, accessible to the public at a sales point or a similar facility within the canton.

1. The authorization is of a public health regulatory nature and only entitles the provision of services at the expense of social insurances if this is provided for by federal law.

1. Exempt from the requirement for approval, but subject to a reporting obligation, are individuals who

a. * possess a foreign professional practice authorization and engage in an activity requiring approval under the bilateral agreement of June 21, 1999, between the Swiss Confederation on the one hand and the European Community and its member states on the other, concerning the free movement of persons while providing services for no more than 90 working days per calendar year in the canton of Basel-Landschaft;

abis. * possess an out-of-canton professional practice authorization and engage in an approved-required activity for no more than 90 working days per calendar year as service providers in the canton of Basel-Landschaft;

b. possess an out-of-canton professional practice authorization and engage in an activity requiring approval in the canton of Basel-Landschaft without establishing a business presence.

2. Exempt from the reporting obligation are individuals who possess a professional practice authorization from a neighboring canton and conduct home visits in the canton of Basel-Landschaft from their establishment there.

3. The provisions applicable to the approved-required activities of the respective professional category apply mutatis mutandis also to reportable activities.

4. The governing council regulates the reporting procedure.

1. Approval of the Directorate is required by

a. Medical doctors, chiropractors, dentists, and veterinarians for the employment of assistants;

b. Pharmacists and druggists for activities with limited deputy functions.

2. ...

3. Assistants perform their activities for a limited period to complete their training. The activities are carried out under the personal responsibility and professional supervision of the license holder. The license holder must be qualified by their education to exercise such supervision.

4. The Government Council issues implementing regulations. It may also limit the number of individuals working under supervision that a professionally autonomous person is allowed to oversee.

1. The Directorate may also supervise persons and institutions that engage in activities not subject to authorization and order the measures necessary for the protection of health.

2. The Government Council may issue regulations on professional practice for such activities if this is necessary for the protection of health.

1. Prerequisites for the Issuance of a License for Professional Practice with Personal Responsibility are that the Applicant

a. Physically and mentally ensures the proper exercise of the profession;

b. * Is trustworthy;

c. * Has the necessary knowledge of the German language.

1bis For the issuance of licenses regulated by federal legislation for medical, psychological, and health professions, the prerequisites set forth in these regulations shall apply.

2. To assess the prerequisite under para. 1 lit. a, the Directorate may, within the context of the procedure concerning the issuance, revocation, or restriction of a license, order an evaluation. If the license is not issued, revoked, restricted, or subjected to conditions based on the evaluation, the costs of the evaluation may be wholly or partially imposed on the person concerned.

3. Upon reaching the age of 70, the license holder is required to verify the continued fulfillment of the prerequisite under para. 1 lit. a every two years with a medical certificate.

4. The prerequisite under para. 1 lit. b is particularly not met as long as there is an entry in the central criminal register for an offense related to the exercise of the profession or is particularly reprehensible.

1. The permit may be revoked if the conditions for its issuance are no longer met or if the permit holder

a. has seriously or repeatedly violated professional obligations;

b. has abused their professional position;

c. has engaged in conduct incompatible with their position of trust.

2. In less severe cases, the permit may be restricted or subject to conditions.

1. Against holders of a license under this law, the Directorate may impose the following disciplinary measures in case of violation of professional duties, provisions of this law, or implementation regulations to this law

a. a warning;

b. a reprimand;

c. a fine;

d. a temporary or permanent prohibition of professional practice for all or part of the field of activity.

2. A fine may be imposed in addition to a revocation or restriction of the license or to a temporary prohibition of professional practice.

3. With regard to the statute of limitations, the corresponding provisions of the Medical Professions Act[4] shall apply.

1. The judicial and administrative authorities shall immediately report to the Directorate any incidents that may be significant for the revocation or restriction of the license or for disciplinary measures.

2. In connection with the supervision of medical and health professionals as well as institutions, the Directorate may request information from judicial and administrative authorities within and outside the canton and may report and provide information to the competent authorities of the Confederation and other cantons.

3. The child and adult protection authorities shall report to the Directorate when persons who hold a license to practice a profession under this law are registered in the register of adult protection measures.

1. The Directorate maintains a register of those individuals who hold a license to practice a profession under this law, unless such a register is already maintained by a federal authority.

2. License holders must immediately report any changes affecting the content of the license, particularly the cessation of activity in the canton, to the Directorate. In the event of a breach of the reporting obligation, the Directorate may impose an appropriate administrative fee.

3. The register can be made accessible to the public in an appropriate manner.

4. The government council shall determine the details.

1. The license holder must perform the licensed activity personally and directly on the patient.

2. Specific professional tasks may be delegated to individuals who are sufficiently trained for that purpose. A sufficient training is generally considered to be one that entitles the individual to independently and professionally practice their occupation, or a federally recognized professional qualification for the corresponding activity. This is subject to § 11 and the employment of individuals as part of a regulated training program.

3. The delegated activity is carried out under the personal responsibility and professional supervision of the license holder. The license holder must be qualified by their education to exercise such supervision.

1. The license holder may operate a branch practice with the approval of the Directorate. All professional duties, particularly the personal practice of the profession and participation in emergency services, also apply to the branch practice.

1. Pharmacists and pharmacy technicians, as well as chemists and druggists, must perform their approved activities primarily and personally.

2. Pharmacists and pharmacy technicians, as well as chemists and druggists, may only manage one operation. They are required to be present during opening hours and emergency services, unless during a temporarily limited absence, another person with authorization for professional autonomous activity or with authorization for limited representation takes over the management of the operation.

3. The pharmacist, pharmacy technician, chemist, or druggist must ensure contractually that they receive the necessary independence required for the professional and legally compliant management if they are not simultaneously the owner of the pharmacy or drugstore.

1. Holders of a license and their auxiliary personnel shall maintain confidentiality regarding secrets that have been entrusted to them due to their profession or that they have become aware of in the exercise of their profession.

2. They are released from the duty of confidentiality

a. with the consent of the entitled person;

b. with written authorization from the Directorate as the supervisory authority in accordance with Art. 321 para. 2 of the Swiss Criminal Code (StGB);

c. * for the enforcement of claims arising from the treatment relationship against the legally designated authorities;

d. to the law enforcement authority concerning observations that suggest a committed or imminent crime or misdemeanor against life and limb, public health, or sexual integrity;

e. * for defense in civil and criminal proceedings as well as in proceedings related to medical state liability;

f. * to the person authorized to represent during medical measures according to Art. 378 of the Swiss Civil Code (ZGB);

g. * to the reference and specialized persons mentioned in § 45 paras. 2 and 3 during the respective treatment period;

h. * to the body responsible for threat management concerning individuals with an increased propensity for violence directed against others, if violence has been concretely threatened or promised in another manner, and the physical, psychological, or sexual integrity of other persons would be severely compromised.

1. Physicians and chiropractors shall immediately report extraordinary deaths and serious bodily injuries to the competent law enforcement authority.

2. Reporting may be omitted in the interest of the duty of care if there is no danger to third parties. If the victim is a minor, the competent child protection authority must be notified in any case.

1. A patient record must be maintained for each patient, which shall provide information particularly regarding examination, diagnosis, treatment, dispensation of remedies, and care.

2. The patient record must be retained for at least 10 years from the date of the last entry. The government council may prescribe longer retention periods for certain information.

3. When patient records are stored using electronic data processing, the entries must be dated, stored in an unalterable manner, and retrievable at any time.

4. The government council shall issue further regulations regarding the management, retention, and destruction of patient records, especially in cases of transfer or closure of the practice, or the death of the licensee.

1. Equipment, facilities, and premises must meet the requirements for diligent professional practice.

2. The Government Council may issue specific regulations regarding infrastructure for certain activities.

1. As part of the public health supervisory authority, the competent authority must be granted access to the premises and facilities at any time.

2. The supervisory authority may inspect data and documents, take samples, secure evidence, and seize documents and items.

3. It may also remove illegal notices and close practices and businesses.

1. Advertising for medical and nursing services must not be misleading or intrusive. This also applies to services that do not require approval under this law.

2. The executive council may issue implementing provisions. In particular, it may regulate the use of diplomas, advanced training titles, and specialized activities in advertising.

**1. Physicians, dentists, veterinarians, and pharmacists are obligated to provide assistance in emergencies.**

2. They ensure an appropriate organization of the outpatient emergency service within their professional organization. The Directorate regulates the emergency service if it is not otherwise ensured.

3. The Canton may participate in the organization of the emergency service within the framework of a service agreement between the Directorate and the relevant professional organization.

4. Individuals with authorization to practice their profession under their own professional responsibility are obligated to personally participate in the corresponding emergency service unless they have been exempted from the service by their professional organization. This obligation applies even if they do not belong to their professional organization.

5. The professional organization shall issue regulations concerning the emergency service and submit them to the Directorate for approval.

1. The professional organization can levy a substitute fee from individuals who do not perform emergency service. The substitute fee is earmarked for covering the costs of organizing and conducting emergency services.

2. The amount of the substitute fee is up to CHF 6,000 per year and is based on the number of services not performed. It may be appropriately reduced for individuals who have been completely or partially exempted from service for valid reasons such as illness, pregnancy, childcare, or reaching a certain age threshold.

1. Physicians, veterinarians, pharmacists, and healthcare professionals may be required, if necessary, to perform public health duties ordered by official medical examinations, official veterinary examinations, and other officially mandated health-related tasks.

2. The government council shall set the rates for such tasks to cover costs. In doing so, it shall refer as much as possible to social insurance tariffs.

1. The professional requirements for the authorization to practice a medical profession under one's own professional responsibility are governed by federal legislation.

2. ...

1. The Professional Requirements for the Authorization to Practice Independently in a Healthcare Profession are Governed by Federal Legislation.

1. The authorization to manage a pharmacy responsibly is granted to individuals who have passed the advanced federal professional examination for druggists.

2. The government council may establish lower requirements for the role of a deputy.

1. The professional requirements for the authorization to conduct psychotherapeutic activities under one's own professional responsibility are governed by the federal legislation on psychology professions.

2. Practical psychotherapeutic activities within the framework of an accredited training program pursuant to federal legislation on psychology professions are permissible without authorization under the personal responsibility and professional supervision of a physician, psychotherapist, or psychologist. This professional must be qualified by their training to exercise supervision.

1. The independent professional practice of the following naturopathic activities on humans and animals requires a license

a. * Traditional European Naturopathy;

b. Homeopathy;

c. * Traditional Chinese Medicine;

d. * ...

e. Ayurvedic Medicine;

f. * ...

g. * ...

h. * ...

i. * other naturopathic methods that do not exclusively serve the promotion of well-being.

2. The license for the independent professional practice of naturopathy is granted to individuals who can demonstrate a federally recognized naturopathic educational qualification.

3. The government council regulates the details. As long as there is no educational qualification available in a naturopathic specialty according to paragraph 2, and during a reasonable transitional period to acquire such a qualification, the council may stipulate that the license for independent professional naturopathic practice can also be granted to individuals who

a. * can demonstrate another naturopathic educational qualification that includes at least a medical fundamental examination and sufficient theoretical and practical training in the respective naturopathic specialty, or

b. * meet the requirements for obtaining a license to independently practice in a medical profession, as a nurse or as a physiotherapist, and have completed sufficient theoretical and practical training in the respective naturopathic specialty.

1. The authorization for independent professional practice in additional healthcare professions, specifically as a speech therapist, medical masseuse or masseur, podiatrist, dental hygienist, animal physiotherapist, as well as animal osteopath, is granted to individuals who possess a nationally recognized professional qualification within Switzerland.

2. The government council may further regulate the professional requirements for granting the authorization for specific professions and issue provisions regarding professional practice and authorities.

1. Any provider intending to operate in the ambulatory sector at the expense of the mandatory health care insurance requires an authorization from the Directorate and is subject to its supervision.

2. The conditions for the issuance of the authorization are governed by federal law.

3. The authorization may be subject to professional, temporal, and spatial restrictions or may come with stipulations or conditions, as far as necessary for ensuring a high-quality, economical, and appropriate delivery of services.

4. Unused authorizations expire after 12 months. The Directorate decides on exceptions in justified individual cases.

5. The Council of State regulates the details of the authorization process as well as the reporting obligations of the holders of an authorization. It may issue special regulations for the takeover of practices.

1. The government council establishes maximum numbers for physicians in one or more medical specialties or in specific regions who provide services in the outpatient sector at the expense of the mandatory health care insurance. In doing so, it aims to ensure a needs-based and economically efficient care for the population while complying with the requirements of federal law.

2. It may foresee the possibility for the directorate to deviate from the maximum numbers in individual cases based on the care situation in a specialty or region.

3. It may order an immediate stop to admissions in a particular specialty, provided the conditions according to Art. 55a para. 6 KVG are met.

1. The Executive Council may order an immediate suspension of the admission of nursing professionals and organizations employing nursing professionals, provided the conditions according to Art. 55b KVG are met.

1. Hospitals and clinics, as well as their departments and disciplines, shall be professionally managed by physicians who hold a license pursuant to this law.

2. Hospitals are authorized to employ assistants under the responsibility of physicians with the license according to paragraph 1, who possess at least an education equivalent to a Swiss university degree.

1. Institutions that provide medical or nursing services requiring authorization under this law, and do not perform these in the name of a holder of a personal professional practice license, require an operational license from the Directorate.

2. Exceptions are

a. * Hospitals;

a.bis * Institutions that have an operational license in accordance with the Elderly Care and Nursing Act;

b. Institutions that have an operational license from a federal authority.

1. The operating permit is granted if the operation

a. has an infrastructure that meets the requirements for diligent professional practice;

b. has the personnel required for professional activity;

c. * has appointed a technically responsible person according to paragraph 2, who is responsible for complying with health regulations;

d. * fulfills the specific professional prerequisites in accordance with paragraphs 3 and 3bis.

2. The responsible person must meet the requirements for a permit for independently responsible professional activity under this law, covering the operational area of the business.

3. The permit for the following mentioned operations is granted under the following specific professional prerequisites

a. * ...

b. * to service providers under the Federal Law on Health Insurance, if they meet the requirements to provide services at the expense of the mandatory health care insurance;

c. * to medical laboratories and blood donation services, if they meet the requirements to provide services at the expense of the mandatory health care insurance, insofar as federal law does not provide otherwise;

d. * to patient transport and rescue services, if they have recognition from a nationwide professional organization.

3bis The government council can further regulate the prerequisites for granting the operating permit.

4. Furthermore, the provisions on the granting and withdrawal of permits for independently responsible professional practice in the health sector apply accordingly.

1. The patient rights set forth in this section apply to the examination and treatment of patients in public and private hospitals, in nursing and care homes, in outpatient nursing care, as well as to the holders of a license for independent professional practice under this law.

2. Statutory compulsory measures remain reserved.

1. Every patient has the right to respect for her or his dignity.

2. Every patient has the right to information and self-determination regarding medical and nursing measures.

1. Patients and their legal representatives, as well as family members, shall be informed in an appropriate and comprehensible manner about their rights and obligations, and in the case of inpatient treatment, about the hospital or nursing home operations and the house rules.

1. The patient shall be informed in a timely, appropriate, and comprehensible manner.

2. The information shall specifically include

a. the state of health and the diagnosis;

b. the intended preventive, diagnostic, or therapeutic measures, along with their risks, advantages and disadvantages, and costs;

c. any possible alternatives to the intended measures.

3. If prior information is not possible due to urgency, it must be provided as soon as possible afterward.

4. No information shall be provided if competent patients object to it. They confirm this with their signature.

1. Competent patients may only be treated with their consent.

1. The treatment of patients lacking capacity to judge is governed by the provisions of Art. 377 et seq. of the Swiss Civil Code (ZGB).

1. For inclusion in teaching courses, the express consent of the patient is required.

2. Consent to regular clinical instruction at the bedside is presumed.

3. For research projects involving humans and deceased individuals, the approval of the ethics committee must be obtained.

1. An autopsy may be performed if the deceased person, while in a state of legal capacity before their death, or their next of kin after their death, have expressly consented to it.

2. Reserved is the order for an autopsy by the prosecuting authorities for the investigation of criminal acts, and by the administration for the purpose of securing a diagnosis, particularly when there is suspicion of a disease that poses a danger to the public.

1. In inpatient treatment, every patient has the right to receive visitors or to refuse visits.

2. Visitors must respect the wishes of the patient and consider the operations of the hospital or care facility.

3. The right to visits can be restricted for medical or operational reasons.

1. The patient has the right to inspect all patient documentation concerning him or her.

2. The inspection is free of charge. A fee covering costs may be charged for making copies.

3. The patient is entitled to the release of the patient documentation, subject to statutory retention obligations.

4. The licensee or the institution may create and retain a copy unless the patient releases him or her in writing from all further duties and liability.

5. Excluded from inspection and release are data that must be kept confidential to protect the legitimate interests of third parties.

6. The legal representative is entitled to inspection and release only insofar as competent patients consent.

7. The directorate may inspect patient documentation without the consent of the patient

a. in the context of a regulatory procedure against the holder of a professional or operational license;

b. when measures to combat communicable diseases need to be examined.

1. Information to Third Parties about Patients may only be provided with the patient's explicit consent.

2. Unless circumstances indicate that the patient wishes confidentiality, consent is presumed for

a. Information to personal acquaintances;

b. Medically necessary information to referring and follow-up treating physicians, as well as other professionals who directly take over the treatment and care.

3. If the patient has not specified any persons, the persons according to Art. 378 para. 1 of the Civil Code (ZGB) are considered personal acquaintances.

4. Legal duties and rights to provide information, as well as disclosures due to a release from professional secrecy by the supervisory authority, remain reserved.

1. Patients strive to contribute to the positive outcome of their treatment by providing the necessary information to the treating professionals and by following their instructions.

2. They show consideration for other patients and the staff, and comply with the house rules and the instructions of the staff.

3. Anyone who seriously violates their duties may be expelled from a practice or institution.

1. The Government Council issues implementing provisions regarding the rights and obligations of patients.

1. In the field of veterinary medicine, the rights of animals in relation to the treating professionals are exercised by their owners.

1. Anyone who stores and dispenses medicinal products in public pharmacies, in practice pharmacies, in drugstores, in public and private hospitals, in care homes, and other establishments requires a license from the directorate, unless the Federal Therapeutic Products Institute or another federal authority is responsible for granting the license.

1. Authorization by the Directorate is required

a. for the manufacture of medicinal products and the addition of medicinal products to feed;

b. for mail-order trade in medicinal products operated from the Canton of Basel-Landschaft;

c. for the storage of blood and blood products;

d. for other activities for which federal law requires a cantonal authorization.

2. Reserved is the jurisdiction of the Swiss Agency for Therapeutic Products or other federal authorities.

**1. Granting of the Permit**

The permit shall be granted if the applicant

a. possesses an infrastructure that meets the requirements for diligent professional practice and medication safety in accordance with the Therapeutic Products Act;

b. has the personnel necessary for professional activity;

c. possesses an appropriate quality assurance system.

**2. Regulation by the Government Council**

The Government Council shall regulate in detail the professional and operational requirements for the granting of permits, insofar as these do not arise from federal law, and the procedure. It shall particularly take into account medication safety in accordance with the Therapeutic Products Act.

**3. Discretion of the Directorate**

The Directorate may limit the duration and scope of a permit.

1. The Directorate conducts periodic inspections and inspections as needed of businesses operating in the field of therapeutic products, insofar as the Canton is responsible for this. It may involve external experts for this purpose.

2. The Government Council may decide to join a regional therapeutic products inspectorate.

3. The competent supervisory bodies have access at all times to the authorized businesses and have access to data and information they need to fulfill their supervisory duties. They may take samples without compensation.

1. The Directorate may confiscate without compensation any medicinal products that are non-compliant with regulations, faulty in production, spoiled, unlawfully advertised, or intended for illegal distribution, as well as their packaging and containers or raw materials or facilities used in their production, and allocate them to a lawful purpose or destroy them.

1. Authorizations may be revoked if the conditions for their issuance are no longer fulfilled.

2. The revocation may apply to the entire activity or a portion thereof, and it can be for a specified or an unspecified period.

1. Physicians, chiropractors, dentists, and veterinarians are authorized, within the scope of their authority, to dispense therapeutic products to their patients, provided they possess a license in accordance with § 48.

2. They must maintain a selection of medications that ensures moderate use and promotes the containment of healthcare costs.

3. Restrictive agreements between professional organizations are permissible, provided that the supply of medication to patients is ensured. The governing body may declare such agreements universally binding.

4. The direct application and dispensing of therapeutic products in emergencies remain unaffected.

1. The pharmacies of public and private hospitals, clinics, and homes must be managed by a pharmacist with a professional practice license.

2. Practicing physicians, attending physicians, and consulting physicians are prohibited from directly dispensing medicinal products to inpatients in hospitals, clinics, and homes. The government council may provide for exceptions.

1. Persons who prescribe or dispense controlled substances are obliged to counteract any misuse of these substances. If misuse is suspected, the prescription and dispensing of controlled substances must be refused, and the Directorate must be notified immediately.

2. In cases of suspected misuse, the Directorate may restrict or suspend access to controlled substances by certain individuals and inform the dispensing locations as well as the supervisory authorities of other cantons.

1. The Executive Council shall issue implementing regulations for this section as well as for the federal legislation on therapeutic products.

1. Private entities entrusted with public health responsibilities are subject to state supervision.

2. The same provisions regarding reporting obligations, confidentiality, and liability apply to them as to the employees of the canton or municipalities.

3. The state has a right of recourse against them. The private entities are required to take out liability insurance to cover their liability.

1. The cantonal health promotion and prevention has the following tasks

a. It supports the authorities of the canton and municipalities as well as private organizations and professionals in improving the health of the residents and creating living conditions conducive to health within the scope of their activities.

b. It supports people in caring for themselves and others and in making decisions about their own living conditions.

c. * It promotes measures that enable children, adolescents, and teenagers to grow up healthily and assist parents in their educational responsibilities.

d. * It promotes measures for maintaining the health and independence of the elderly population.

2. The canton fulfills these tasks through

a. Information, counseling, and support for authorities, private organizations, and professionals, as well as informing the general public;

b. Development and provision of services, action programs, and projects in collaboration with the respective target groups;

c. Provision of low-threshold services for child, youth, and parent assistance;

d. Coordination and networking of activities in the field of health promotion and prevention in the canton.

1. For the purpose of increasing public knowledge about cancer, the canton, subject to federal legal approvals, maintains a cancer registry. It seeks a multi-canton support structure. The Government Council is authorized to conclude relevant agreements with other cantons.

2. The cancer registry provides the early detection programs, upon request, with the following data necessary for quality assurance concerning individuals who were diagnosed between two screening dates

a. official last name and first names;

b. insurance number according to Art. 50c of the Federal Act on Old-Age and Survivors' Insurance (AHVG) of December 20, 1946;

c. residential address;

d. date of birth;

e. gender;

f. diagnostic data related to the cancer;

g. data concerning initial treatment.

3. The release of data according to paragraph 2 is contingent upon the condition that the affected individual has participated in the early detection program and has not expressly refused the release of information.

4. The release of data according to paragraph 3 requires that the necessary data from the cancer registry may only be shared with operators of screening programs that can demonstrate they have a verified, secure data protection concept.

1. The municipalities are responsible for health promotion and prevention within their jurisdiction.

2. They coordinate offerings, activities, and projects at the municipal level and collaborate with the canton.

1. The Mother and Father Counseling Service provides mothers and fathers with low-threshold counseling on questions regarding the healthy physical, emotional, mental, and intellectual development of their child in the early years of life, and supports them in their roles as mother and father.

2. The municipalities are responsible for the mother and father counseling service and shall employ qualified personnel for this purpose. They may delegate this task to a suitable institution. The Executive Council shall regulate the details.

1. The canton shall take the necessary measures, based on the federal epidemic legislation, to combat communicable human diseases. The government council shall issue implementing regulations.

1. Individuals who can spread a communicable disease may, if necessary, be placed or retained against their will in isolation in an appropriate facility by the cantonal physician.

2. The regulations concerning judicial review and the procedure in cases of compulsory detention apply mutatis mutandis, with the exception of those regarding assessment.

1. If a contact person or a person suspected of being in contact or of secretion is subsequently found not to be infectious, the Canton shall make a contribution towards the costs of the measures.

2. Should the same persons suffer a loss of income due to work interruption as a result of ordered measures, the Canton may provide them with compensation.

3. Ordered microbiological and serological examinations shall be borne by the Canton, unless they fall under mandatory services of health insurance.

1. The Canton promotes the vaccinations recommended by the Federation.

2. The Government Council may declare vaccinations mandatory, insofar as this is provided for by federal law.

1. For businesses and facilities that promote the growth and spread of pathogens or that could pose a health risk to the public, the government council may introduce a reporting and control obligation and issue operational standards.

2. If inspections reveal a probable risk posed by pathogens, remedial measures may be ordered to eliminate them.

1. The Canton oversees public swimming pools or those accessible to a larger group of people, in accordance with federal legislation. It can additionally inspect similar facilities, such as saunas and solariums, based on risk assessment.

2. The Canton monitors hygiene, water treatment, and water quality according to generally accepted standards. It takes the necessary measures in case of deficiencies.

3. The persons responsible for the operations have a duty of self-monitoring and the documentation thereof. They must promptly report any health hazards to the competent authorities.

4. The collection of fees is governed by federal legislation, insofar as it is applicable. The government council regulates the other fees.

1. The canton monitors the water quality of surface waters used by the public for swimming.

2. It informs the public about the water quality.

3. In the event of insufficient water quality, the municipalities, or in cases affecting multiple municipalities or a larger group of people, the canton, may prohibit swimming in certain waters.

1. The municipalities support the cantonal authorities in the implementation of measures ordered to combat infections.

2. ...

1. The canton provides outpatient therapies for individuals suffering from alcohol addiction. This includes early intervention for individuals affected by or at risk of alcohol problems, as well as counseling, support, and assistance for persons with alcohol addiction and their significant others.

2. It offers counseling, support, and assistance to individuals with alcohol addiction who are undergoing inpatient therapy, as well as to their significant others.

3. The canton may delegate these tasks to external specialized agencies. The personnel of these agencies are subject to the confidentiality obligation pursuant to this law.

1. The canton offers outpatient therapy for individuals with drug addiction.

2. The canton and municipalities provide support for inpatient therapy for individuals with drug addiction. The specifics are governed by social welfare legislation.

1. The canton may provide contributions to non-profit institutions that are involved in healthcare at the cantonal or intercantonal level.

1. The canton regulates the emergency services. It commissions rescue services with operational approval in accordance with §§ 37 and 38, or suitable out-of-canton rescue services, to carry out rescue transports and enters into corresponding performance agreements.

2. The canton operates an operation center for rescue operations throughout the entire cantonal area or commissions third parties with a performance agreement to operate such an operation center.

3. The operation center coordinates the deployment of rescue services according to paragraph 1. If necessary, in individual cases or during major events and disasters, it may call upon additional rescue services.

4. The government council regulates the details.

1. The transport of individuals deceased on public property and of corpses that are to be subjected to forensic examination shall be conducted by the institutions entrusted with rescue transports pursuant to § 72, or by private institutions that are commissioned for this purpose under a service agreement by the Directorate.

2. The Government Council shall issue implementing provisions.

1. The canton periodically conducts courses for municipal mushroom inspectors.

**1. The Canton provides inconvenience allowances to self-employed midwives for on-call duties performed during home births, outpatient births in obstetric facilities, and in birthing centers within the Canton, as well as for outpatient postpartum care.**

**2. Outpatient postpartum care is defined as the care of the mother and child that begins no later than 96 hours after the birth.**

**2bis. An inconvenience allowance is only provided if the mother has her residence in the Canton of Basel-Landschaft at the time the service is rendered.**

**3. Midwives may not charge any additional fees for on-call duties performed in accordance with paragraphs 1 and 2.**

**4. The Canton is only liable for payment insofar as the service is not covered by mandatory health insurance.**

**5. The government council determines the amount of the inconvenience allowance after consulting the midwives.**

1. The canton shall consider ensuring medical provision in disasters and emergencies as part of its health planning. The directorate shall cooperate with partner organizations of civil protection in this regard.

1. The Directorate ensures coordination with federal authorities, neighboring cantons, municipalities, and bordering foreign countries in the preparation for and management of disasters and emergencies. It designates the competent person responsible for matters related to the Coordinated Medical Service.

1. In emergencies and disasters, health authorities execute the instructions of the cantonal leadership staffs.

1. The municipalities are responsible for controls and measures to ensure health protection and hygiene, insofar as the legislation does not designate the canton as responsible, particularly

a. * in properties used for residential purposes;

b. * at public events within their territory.

2. ...

1. The municipalities shall individually or jointly operate a mushroom inspection office for individually collected mushrooms.

1. A fine shall be imposed on anyone who

a. engages in an activity subject to authorization under this law without holding the appropriate authorization;

b. engages in an activity subject to notification under this law without making the appropriate notification;

c. otherwise contravenes this law or the decrees based on it.

2. A fine of up to CHF 100,000 shall be imposed on anyone who fulfills an offense under paragraph 1 and acts in a commercial capacity or endangers human health.

1. Fees covering costs shall be charged for the granting of permits, the conduct of controls, examinations, and inspections, as well as for other official actions based on this law.

2. Fees of up to CHF 3,000 are charged for carrying out examinations.

3. The Government Council shall issue a fee ordinance.

1. Orders and decisions concerning the prevention of an imminent danger to humans and animals are immediately enforceable.

2. An appeal against such orders does not have a suspensive effect. Upon request, the appellate authority may suspend the execution of the contested order in the presence of special circumstances, provided that it does not conflict with the interest of health protection.

1. Individuals who, at the time of the enactment of § 32 in its version dated April 25, 2013, are practicing psychotherapy without authorization under § 7 Para. 2 Letters a or b of the Ordinance of November 15, 1977, on Non-medical Psychotherapy, must cease this practice within the period specified in the respective provision from the commencement of the activity or apply for authorization under this law, unless § 32 Para. 2 is applicable. A confirmation from the Directorate stating that such activity may be carried out does not qualify as a cantonal professional practice authorization that retains its validity in accordance with Art. 49 Para. 3 of the Federal Act on Psychotherapy Professions after the enactment of this law.

1. The Hospital Act of June 24, 1976 is amended as follows: ...

1. The Environmental Protection Act of February 27, 1991, is amended as follows: ...

1. Repealed are

a. the Health Act of December 10, 1973;

b. the Epidemic Decree of June 3, 1983.

1. The government council enacts the commencement of this law.