Health Act (GesG) (GESG)

**1. This statute regulates, subject to higher-ranking law, the healthcare system in the Canton of Basel-Stadt.**

**2. It aims to preserve, promote, protect, and restore the health of the population and individuals through measures of health promotion and prevention, healthcare provision, and health protection.**

**3. In doing so, the Canton takes into account the individual's personal responsibility, collaboration with private entities, and the effectiveness, appropriateness, and economic efficiency.**

1. The Executive Council has oversight over the healthcare system.

2. It is responsible for the enforcement of cantonal, federal, and international health law.

1. The competent department shall oversee the healthcare system and, in particular, the service providers as defined by this law.

1. The public health authority officials are

a) Cantonal Physician;

b) Cantonal Dentist;

c) Cantonal Pharmacist;

d) Cantonal Veterinarian;

e) Cantonal Chemist.

2. The Government Council may temporarily designate additional officials.

1. Enforcement tasks can be delegated to individuals and organizations operating in the healthcare sector, whether they are of public or private law, and that do not belong to the cantonal administration. Decisions can be appealed to the competent department, subject to other procedural provisions, by way of recourse as provided in the Act concerning the Organization of the Government Council and the Administration of the Canton of Basel-Stadt (Organizational Law, OL) dated April 22, 1976.

1. The Government Council establishes an independent ethics committee pursuant to Article 54, paragraph 1 of the Federal Act on Research involving Human Beings (Human Research Act, HRA) of September 30, 2011.

2. The Government Council seeks to establish cross-cantonal sponsorships.

3. ...

4. ...

5. The ethics committee is the independent body according to Article 13, paragraph 4 of the Federal Act on the Transplantation of Organs, Tissues, and Cells (Transplantation Act) of October 8, 2004.

1. The canton guarantees and finances inpatient and outpatient treatment of the population in accordance with the federal social insurance law.

2. The government council commissions public service obligations based on needs.

1. The canton promotes day hospital services provided by hospitals for the benefit of residents of the canton of Basel-Stadt, with the aim of avoiding inpatient treatments.

2. It may contribute to the costs of day hospital services by hospitals that are not covered by social insurance.

3. The Grand Council approves the expenditures with a framework expenditure authorization.

4. The Government Council determines the conditions for the allocation of contributions and the amount of the contributions.

1. The Canton, in collaboration with private institutions, ensures an adequate supply of care facility placements.

1bis. The Canton is responsible for determining the need for care required for admission to a home for persons residing in the Canton of Basel-Stadt.

2. The Canton provides contributions to the costs of care in accordance with the federal social insurance law.

3. The Canton may provide contributions towards the construction and renovation costs, as well as the ongoing property costs, of care homes.

4. The Government Council orders community service obligations as needed.

5. Care homes listed on the list of care homes are obliged to admit persons in need of care who reside in the Canton of Basel-Stadt.

1. The canton, in collaboration with private institutions, ensures an adequate provision of outpatient health and nursing care services.

2. It particularly promotes outpatient services of a nursing, caregiving, and household nature, as well as day and night care facilities, for the benefit of residents in the canton of Basel-Stadt who, for health or age-related reasons, are unable to perform the offered activities themselves.

3. It provides contributions towards the costs of outpatient health and nursing care services and day and night care facilities in accordance with federal social insurance law.

4. The Government Council establishes the conditions for granting contributions and determines the amount for household services as well as for day and night care facilities.

5. It orders community-based services as needed.

1. Persons in need of permanent care residing in the Canton of Basel-Stadt, who are cared for by relatives or third parties, are entitled to financial contributions, provided that significant care and support are necessary and provided. The need for care and the provision of services are reviewed by the competent department.

2. The government council determines the additional conditions for the payment of contributions as well as the amount of the contributions.

1. The canton ensures, in collaboration with private entities, dental care of social interest that serves public health.

2. For this purpose, it may operate dental clinics for adults as well as for children and adolescents.

3. It may establish agreements with dental associations on tariffs for economically disadvantaged individuals residing in the Canton of Basel-Stadt.

1. Dental clinics are required to treat economically disadvantaged individuals residing in the Canton of Basel-Stadt.

2. The base rate is the dental tariff according to the Federal Law on Accident Insurance (UVG) of March 20, 1981. Economically disadvantaged individuals residing in the Canton of Basel-Stadt receive a reduction considering their financial circumstances.

1. For children and adolescents of compulsory school age whose parents have residence in Basel, the canton provides the following services

a) Promotion of dental health;

b) Necessary treatment of diseased teeth;

c) Examination and treatment of misalignment anomalies.

2. The government council determines which services are provided free of charge.

1. The Government Council regulates with the municipalities of Bettingen and Riehen the distribution of tasks and costs between the canton and the municipalities regarding nursing homes, outpatient health and nursing care, as well as contributions towards home care.

2. For children and adolescents whose parents reside in the municipalities of Bettingen and Riehen, these municipalities ensure the provision of appropriate dental care.

1. Patients have the right to treatment that protects and respects their personality.

2. Patients have, in particular, the following rights

a) to generally choose freely among the authorized healthcare providers;

b) to be informed about their health condition, treatment options, and the respective advantages and disadvantages connected therewith;

c) to be treated only with their consent, which can be withdrawn at any time, and after being properly informed;

d) to access their documentation;

e) to receive visitors and to have spiritual care. The institution details the specific arrangements in a house policy.

3. The right to lodge complaints is guaranteed.

1. Patients have the right to care, treatment, and support appropriate to their condition, as well as to the greatest possible alleviation of their suffering and pain.

2. The physician alleviates suffering and pain in patients at the end of life, even if this may influence the duration of life.

1. In the event of incapacity to make a judgment, the representative decides, after prior clarification, in accordance with the presumed will and interests of the patient. The incapacitated person is involved in the decision-making process in an appropriate manner.

2. In urgent situations, the attending physicians make decisions based on the presumed will and interests of the patient.

3. An advance directive provided by the patient is decisive, except when it conflicts with legal regulations or when there are reasonable doubts that it was made of their own free will or still corresponds to the presumed will of the patient.

1. In cases of incapacity to make decisions, the discontinuation of life-sustaining measures or the forgoing thereof is permissible when the prognosis is futile, provided that

a) this corresponds to the presumed will of the patient, subject to § 17 paragraph 3; or

b) given the patient's suffering, further life-sustaining efforts are not reasonable.

1. Patients may only be involved in education, advanced training, and continuing education after being informed and with their consent, which can be freely revoked at any time.

2. Persons incapable of judgment may only be involved in education, advanced training, and continuing education if equivalent insights cannot be obtained with persons capable of judgment. If the educational, advanced training, or continuing education project is not expected to provide any direct benefit to the persons incapable of judgment, then the risks and burdens must be minimal.

3. ...

1. An autopsy is permissible if the deceased person has consented to it.

2. If the deceased person has not expressed a preference regarding an autopsy, the person designated by them or the next of kin are authorized to make the decision.

3. In the interest of public health, the cantonal physician may order an autopsy even against the wishes of the authorized persons.

4. Reserved is the authority-ordered autopsy to ascertain a criminal offense or to establish the identity of the deceased person.

5. The anatomical dissection or the preparation of anatomical specimens for educational and training purposes is permissible if the deceased person has expressly bequeathed their body for this purpose.

1. Healthcare Professionals are all individuals who are professionally engaged in diagnostic, therapeutic, nursing, or caregiving activities and possess the appropriate qualifications.

1. Healthcare Professionals May Only Practice in Areas Covered by Their Training.

2. They must perform their duties carefully and conscientiously, and in accordance with the recognized standards of their profession. They shall take into account the individual needs of the persons they treat, care for, and attend to. In particular, they must consider the specific needs of people with disabilities.

3. They are required to engage in regular continuing education.

1. Persons with a permit pursuant to § 30 must possess

a) an appropriate quality assurance system;

b) liability insurance or another equivalent security to cover compensation claims of the injured parties and recourse claims of third parties related to the risks associated with the activity.

2. The government council may issue specific regulations for individual professions and activities.

1. For university-trained medical professionals, psychotherapists, and health professionals pursuant to the Federal Act on Health Professions (Health Professions Act, GesBG) of September 30, 2016, Article 40 of the Federal Act on University Medical Professions (Medical Professions Act, MedBG) of June 23, 2006, Article 27 of the Federal Act on Psychology Professions (Psychology Professions Act, PsyG) of March 18, 2011, and Article 16 of the GesBG apply.

1. Physicians and dentists, pharmacists, and veterinarians working under their own professional responsibility, as well as those working in outpatient facilities or pharmacies under professional supervision, are required to provide emergency services. Exemptions apply to medical professionals working in hospitals.

2. The emergency services are to be organized by the professional associations. If the emergency service is insufficient, the competent department shall order the necessary measures.

3. The professional associations may exempt individuals from the emergency service by decree. In the event of an exemption, they oblige both members and non-members to make purpose-specific compensatory payments.

4. The annual fee ranges from CHF 1,000 to CHF 6,000. It depends on the number of unfulfilled duties. It can be reduced by half in the following cases

a) Incapacitation due to illness or accident which excessively hinders or prevents the provision of emergency services;

b) during pregnancy and four months after childbirth;

c) upon reaching an age limit determined by the professional associations;

d) in the case of single parenting of children, until the seventh birthday of the youngest child.

1. Healthcare professionals and their assistants are obligated to maintain confidentiality regarding everything they observe or learn about patients in connection with their work, towards third parties.

2. The responsible department may, in justified cases, release individuals from the obligations pursuant to paragraph 1 and Article 321 of the Swiss Criminal Code (StGB) of December 21, 1937.

1. Exemption from the duty of confidentiality is granted to anyone who has a right or obligation to provide information, notification, or report based on a statutory provision.

2. Consent to provide necessary medical information to subsequent caregivers and close relatives is presumed.

3. Information may be provided to law enforcement authorities if there is suspicion of committing one of the following criminal offenses

a) homicide;

abis) * qualified simple assault;

b) grievous bodily harm;

bbis) * female genital mutilation;

c) abandonment and endangerment of life;

cbis) * brawling and assault;

cter) * administering health-endangering substances to children;

d) failure to provide emergency assistance;

e) robbery;

f) extortion;

g) human trafficking;

h) unlawful imprisonment and kidnapping;

i) hostage-taking;

j) criminal acts against sexual integrity;

jbis) * arson and causing an explosion;

k) spreading human diseases.

4. Exemption from the duty of confidentiality towards the competent authorities, a collection agency, and any legal representation applies to those who must pursue legal action to enforce or defend claims, within the scope of necessary information.

5. Individuals bound by confidentiality are exempted from the duty of confidentiality towards the competent authorities when there are reasonable doubts about the decision-making capacity of a patient, urgent medical measures are required, and consent from an authorized representative cannot be obtained.

6. Healthcare professionals and their assistants have the right to report and the right to provide information to the office responsible for threat management in accordance with § 61a para. 1 and § 61b para. 3 lit. m of the Law concerning the Cantonal Police of the Canton of Basel-Stadt (Police Act, PolG) of November 13, 1996, when a person explicitly threatens violence, displays a propensity for violence, or otherwise indicates a threat that is suitable to seriously endanger the physical, psychological, or sexual integrity of others.

1. Healthcare Professionals and their Assistants must immediately report any extraordinary deaths that come to their attention in the course of their duties to the Institute of Forensic Medicine.

1. Healthcare professionals shall maintain documentation for each patient. This documentation includes details about diagnostic investigations, examinations and results, as well as therapeutic and nursing measures. The documentation must indicate who made each entry and at what time.

2. The documentation must be retained for ten years after the conclusion of the treatment.

3. Patients have the right to receive a copy of the documentation, provided that no legitimate interests of third parties are opposed.

1. The practice of the following professions and activities under one's own professional responsibility requires a license from the relevant department

a) * university-level medical professions pursuant to Art. 2 MedBG;

abis) * psychology professions pursuant to PsyG;

ater) * health professions pursuant to GesBG;

b) * professions and activities in the fields of dental hygiene, drugstore, speech therapy, medical massage, podiatry, dental technology, dental prosthetics, as well as emergency services;

c) * operating a medical laboratory;

d) * non-medical alternative and complementary medicine professions and activities;

e) * providing medical remote services from the Canton of Basel-Stadt.

2. The governing council may exempt individual professions and activities from the licensing requirement.

1. For the issuance of a license to practice a profession, an application must be submitted in writing to the competent department at least two months before commencing the activity.

1. The permit shall be granted, provided that the applicant

a) demonstrates the required professional skills;

b) is trustworthy;

c) provides physical and psychological assurance for impeccable professional practice;

cbis) possesses the necessary knowledge of the German language, subject to other federal regulations;

d) demonstrates that the professionals working under professional supervision pursuant to § 30 para. 1 meet the requirements according to letters a to cbis.

2. The Government Council may issue specific regulations for individual professions and activities.

1. Permits are granted for an indefinite period.

2. The permit expires

a) upon the death of the holder;

b) * upon cessation of the authorized professional practice; the government council may allow exceptions;

c) upon relocation of the professional practice to another canton or abroad;

d) if the professional practice is not commenced within twelve months of the issuance of the permit;

e) * upon reaching the age of 70; if the permit holder provides a medical certificate demonstrating that they remain physically and mentally capable of professional practice, the permit may be extended by two years at a time.

3. The permit holder must notify the competent department

a) in advance by two months in cases referred to in paragraph 2, letters b and c;

b) immediately after the deadline has expired in the case of paragraph 2, letter d.

4. In the case of paragraph 2, letter e, the competent department shall inform the permit holder six months before the permit's expiration of the provision in § 33 paragraph 2, letter e.

1. The authorization shall be withdrawn if its conditions are no longer met or if facts are subsequently identified that would have necessitated the refusal of the authorization.

2. The existence of the conditions for authorization pursuant to § 32 paragraph 1 letters c and d shall be regularly reviewed by the competent department.

1. Individuals with university-level medical professions, psychology professions, or health professions pursuant to GesBG must register with the competent department in the canton of Basel-Stadt before commencing their activity in accordance with Art. 35 para. 2 MedBG, Art. 23 para. 2 PsyG, or Art. 15 para. 2 GesBG.

1. The competent department grants the operational license, subject to Section 2 and the specific requirements mentioned in Sections 37-42, to

a) Hospitals;

b) Nursing homes;

c) Organizations for outpatient health and nursing care;

d) Outpatient facilities;

e) Birthing centers;

f) Organizations that offer telemedicine services;

g) Pharmacies;

h) Drugstores;

i) Optical businesses;

j) Medical laboratories;

k) Emergency services.

2. The following general conditions must be met

a) the necessary professional staff is available;

b) appropriate facilities are available;

c) provisions for the training of personnel are ensured;

d) the existence of an adequate quality assurance system is demonstrated;

e) the existence of liability insurance or another equivalent security to cover compensation claims of the injured parties and the recourse claims of third parties arising from risks associated with the activity is demonstrated.

1. The competent department grants an operating license to a hospital or nursing home, provided that an appropriate pharmaceutical supply is additionally ensured.

1. The competent department grants an operational license to an institution offering health and nursing care services, provided that at least one professional responsible for nursing, as referred to in § 32 para. 1 letter d, is designated.

1. The competent department issues an operating permit to an outpatient facility, provided that treatment by professionals as referred to in § 32, paragraph 1, letter d is also guaranteed.

1. The competent department grants an operating license to a birth center, provided that

a) the professional conduct of births by midwives in accordance with § 32 paragraph 1 letter d is ensured, and

b) measures have been put in place for initiating procedures in a medical emergency.

1. The competent department grants an operational license to an institution offering remote medical services, provided that the medical management also fulfills the requirements necessary for the field of expertise as per § 32 paragraph 1 letter d.

1. The competent department grants an operational license to a pharmacy, drugstore, optician's business, medical laboratory, or emergency service, provided that the professional management also meets the necessary requirements for the field as stipulated in § 32 paragraph 1 letter d.

1. The competent department grants an establishment the authorization if the professionals working in the establishment, pursuant to § 30 paragraph 1, meet the requirements according to § 32 paragraph 1 letters a to cbis.

2. § 33 paragraph 2 letter e applies mutatis mutandis.

1. For the issuance of a permit, an application must be submitted in writing to the competent department at least two months before the commencement of operations.

1. Authorizations are granted for an indefinite period.

2. The authorization expires if

a) the operation in the canton is abandoned;

b) the operation has not commenced within twelve months of the issuance of the authorization.

3. The authorization holder must notify the competent department

a) two months in advance in the case of paragraph 2 letter a;

b) immediately after the deadline in the case of paragraph 2 letter b.

1. The authorization is revoked if its conditions are no longer met or if facts are subsequently discovered which would have necessitated the refusal of the authorization.

2. The fulfillment of the conditions for authorization is regularly reviewed by the competent department.

1. A permit may be subject to professional, temporal, and spatial restrictions, or be accompanied by conditions or requirements, insofar as this arises from federal or cantonal directives or is necessary to ensure a high-quality and reliable health care provision.

1. To protect public health, the competent department may, in individual cases, impose conditions and requirements on or prohibit the exercise of activities that are not subject to approval but may impair health, as well as conduct inspections.

2. The government council may issue the necessary regulations for the exercise of professions and activities to protect health.

1. The competent department publishes final decisions on granted permits, their revocation or other termination, as well as professional practice prohibitions.

2. It may also publish final decisions on permit restrictions.

1. Any service provider wishing to operate in the outpatient sector at the expense of the mandatory health insurance must obtain authorization from the competent department and is subject to its supervision.

2. The requirements for the granting of authorization are governed by federal law.

3. The authorization may be subject to professional, temporal, and spatial limitations, conditions, or requirements insofar as this is necessary to ensure the provision of high-quality, economical, and appropriate services.

4. Unused authorizations expire after twelve months. The competent department decides on exceptions in justified individual cases.

5. The government council regulates the details of the authorization procedure as well as the reporting obligations of the holders of an authorization. It may issue special provisions for the takeover of practices.

1. The government council establishes maximum numbers for physicians in one or more medical specialties or in certain regions, who provide ambulatory services at the expense of the mandatory health insurance.

2. It may allow the competent department to deviate from the maximum numbers in individual cases based on the supply situation in a specialty or region.

3. It may order an immediate stop to the admission in a specific specialty if the requirements according to Art. 55a para. 6 of the Federal Health Insurance Act (KVG) of March 18, 1994, are fulfilled.

1. To protect the population from health damages, the competent department or health regulatory officials may take measures in cases of urgency to avert occurring or imminent serious disruptions.

1. The competent department or the public health officials shall take the necessary measures pursuant to the Federal Act on Combating Communicable Human Diseases (Epidemics Act, EpG) of September 28, 2012, as well as the Animal Diseases Act (TSG) of July 1, 1966.

1. The competent department, as well as the health police officers, may conduct on-site inspections in case of suspected hygienic deficiencies or pests in buildings and on public land.

2. The competent department, as well as the health police officers, may take the necessary measures to combat hygienic deficiencies and pest control in buildings and on public land. They may decide on the habitability of individual rooms or entire buildings.

3. The government council may issue further regulations.

1. Independently operating midwives, outpatient childbirth facilities, or birthing centers are entitled to receive compensation for inconveniences related to outpatient births and outpatient postpartum care they oversee, which involve individuals residing in the Canton of Basel-Stadt.

2. Compensation for outpatient births and outpatient postpartum care involving individuals residing in the municipalities of Bettingen and Riehen shall be provided by these municipalities.

1. Only advertising that is neither misleading nor intrusive shall be permitted.

1. Only pharmacies and drugstores are authorized to store and dispense medications in the outpatient sector, within the scope of their dispensing competencies.

2. Exceptions to the prohibition of self-dispensation are regulated by the Government Council.

1. Costs for measures to restore the proper condition may be charged to the responsible party.

1. The Governing Council initiates and supports measures and projects for health promotion and prevention. Such measures and projects aim in particular to

a) inform the population about health and the factors influencing it;

b) promote the health literacy of individuals and the community and create incentives to improve health behavior;

c) identify and prevent or treat health problems at an early stage;

d) contribute to the reduction of health inequalities;

e) promote self-help;

f) promote the education, advanced, and continuing training of professionals and other individuals engaged in health promotion and prevention.

1. The government council can initiate and support measures and projects for the prevention of abuse and addiction to tobacco, alcohol, and other addictive substances, as well as other dependencies.

2. It ensures

a) Information to the public;

b) Care, treatment, and social integration of the affected individuals.

1. The Government Council determines the organization of health promotion and prevention in institutions for the care of children and adolescents, in primary and secondary schools, as well as in vocational schools.

2. The competent department may take measures to protect the health of children and adolescents in the institutions referred to in paragraph 1.

1. The canton may conduct pilot projects for the testing of new technologies and applications in the area of eHealth.

2. The government council regulates the personal data to be processed and access rights. The voluntary nature of participation is guaranteed.

1. The canton promotes the dissemination of the electronic patient record.

2. For this purpose, the government council may, in particular

a) grant contributions for the opening and operation of electronic patient records;

b) participate in projects.

1. To enhance public knowledge about cancer diseases, the canton, subject to federal legal approvals, maintains a cancer registry. It aims to pursue inter-cantonal partnerships.

2. The cantonal cancer registry provides the following data, necessary for quality assurance, to early detection programs upon request

a) Name and first name of individuals diagnosed between two screening periods;

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 disease;

g) Data on initial treatment.

3. The disclosure of data according to para. 2 requires that the affected individual has participated in the early detection program and has expressly consented to the disclosure.

1. The canton promotes education in the field of nursing.

2. In collaboration with the stakeholders in the practical training of nursing professionals (organizations employing nursing professionals, hospitals, and nursing homes), it ensures the provision of enough places for the practical training of nursing professionals HF and nursing professionals FH, as well as health specialists EFZ.

3. It determines the eligible services for the stakeholders in the practical training of nursing professionals. In doing so, it takes into account the result of the calculation of the training capacities of the stakeholders in the practical training of nursing professionals and the training concept developed by them.

4. It grants contributions to the stakeholders in the practical training of nursing professionals for their services in practical training.

5. It promotes an increase in the number of nursing diplomas at the higher vocational school, as needed. For this purpose, it grants contributions to the higher vocational school.

6. It grants residents or those with a connection to the canton training contributions for their livelihood to secure their training in nursing HF or nursing FH.

7. It may promote further education in the field of nursing, provided there is a demonstrated need for it.

8. The governing council regulates the details. In particular, it issues provisions regarding the competencies, the prerequisites, and the scope of the contributions, as well as the procedure for awarding them.

1. Actors involved in the practical training of nursing professionals are obligated, according to their operational capabilities, to provide placements for practical training as a diploma nurse at the HF (Higher Education) level and as a diploma nurse at the FH (University of Applied Sciences) level, as well as for a health care worker EFZ (Federal Diploma of Vocational Education and Training).

2. If the practical training provided by the actors in the practical training of nursing professionals is below the stipulated training performance, they are required to make compensatory payments. The amount of the compensatory payment is determined based on the unfulfilled training performance and corresponds to a maximum of three times the amount of the contributions for practical training performances according to § 60a para. 4, which the canton would render upon fulfilling the training obligation.

3. The government council regulates the details. It enacts in particular regulations regarding

a) The scope and modalities of the training obligation as well as its exceptions;

b) The calculation and utilization of the compensatory payments and exceptions from the obligation to make a compensatory payment.

1. The Executive Council may attach conditions and requirements to service contracts.

2. It may request information and examine documents.

3. The Executive Council is obligated to maintain business confidentiality with respect to third parties and other authorities.

1. In the event of a breach of professional obligations, the provisions of this Act, or implementing provisions related to this Act, the competent department may impose the following disciplinary measures

a) Warning;

b) Reprimand;

c) Fine up to CHF 20,000;

d) Prohibition from practicing the profession for a maximum of six years;

e) Permanent prohibition from practicing all or part of the professional activities.

2. For violations of continued education obligations, only disciplinary measures according to paragraph 1 letters a-c may be imposed. For breaches of confidentiality according to § 26 paragraph 1, only disciplinary measures under paragraph 1 letters a and b may be imposed.

3. A fine can be imposed in addition to a prohibition from practicing the profession.

4. The competent department may restrict, attach conditions to, or prohibit the professional practice during a disciplinary proceeding.

5. In case of suspected serious violations of professional obligations, the competent department is entitled to obtain and provide relevant information from and to the respective professional organizations.

1. A fine of up to CHF 50,000 shall be imposed on anyone who intentionally

a) engages in an activity requiring a permit without having obtained one;

b) operates a business requiring a permit without authorization;

c) assigns tasks to persons that exceed their professional qualifications;

d) violates notification obligations under § 28;

e) breaches regulations concerning autopsy;

f) violates the prohibition of self-dispensation;

g) alters or partially or entirely destroys documentation as defined in § 29 without authorization;

h) violates an implementation regulation of this law, the violation of which has been declared punishable by the government council;

i) violates a legally binding order issued with reference to the penal threat of this provision.

2. Instigation, attempt, and aiding and abetting are punishable.

3. Anyone acting negligently shall be fined up to CHF 10,000. In minor cases, punishment may be waived.

4. In the event of a repeat offense within five years following a legally binding conviction, the minimum fine is CHF 10,000.

5. The adjudicating authority may confiscate objects that were used or intended for use in a prohibited act.

1. If a violation is committed in the exercise of business or official functions by a legal entity, a general or limited partnership, a sole proprietorship, or an association of persons without legal personality, or otherwise in the exercise of business or official functions for another person, then the penal provisions according to § 63 apply to the natural person who committed the act.

2. The business owner, employer, principal, or the represented person who intentionally or negligently fails to prevent a violation by a subordinate, agent, or representative, or fails to nullify its effects in breach of a legal duty, is subject to the penal provisions applicable to the person who committed the act.

3. If the business owner, employer, principal, or represented party is a legal entity, a general or limited partnership, a sole proprietorship, or an association of persons without legal personality, then paragraph 2 is applied to the culpable organs, organ members, managing partners, de facto managers, or liquidators.

1. A fine shall be imposed on anyone who intentionally or negligently

a) sells tobacco products, tobacco substitute products, or electronic cigarettes to minors. Sales personnel are authorized and, in cases of doubt about the customer's majority, are obliged to verify age through an ID check;

b) sells tobacco products, tobacco substitute products, or electronic cigarettes through vending machines, unless the operator can prevent the sale to minors through appropriate controls.

2. For the inspections conducted by the competent department, test purchases may be carried out by minors.

1. A fine shall be imposed on anyone who places or allows the placement of billboard advertisements for alcoholic beverages, with the exception of wine and beer, or for tobacco products, tobacco substitutes, or electronic cigarettes on private premises visible from public grounds.

1. A person who violates the regulations concerning hygienic deficiencies and pest control shall be punished with a fine.

1. The government council shall regulate the details. It shall issue the ordinances necessary for the implementation of this Act as well as federal law.

1. The Governing Council regulates, in accordance with recognized standards, the collection, analysis, and publication of statistical data and other indicators needed for the development and evaluation of the cantonal health planning and for assessing the quality of medical care and nursing.

1. Based on statistics and other indicators pursuant to § 66, the responsible department compiles reports on the provision and health of the population, which are to be published regularly.

2. The government council reports annually to the grand council on the development of services, costs, and premiums, as well as measures to mitigate the rise in healthcare costs.

1. Existing ordinances remain in effect insofar as they do not conflict with the provisions of this law. This ordinance constitutes their legal basis.

1. Authorizations granted before the effective date of this law remain valid.

2. They must be adjusted to the requirements of this law within five years after its effective date.

1. For the licensing requirement of professions and activities under one's own professional responsibility according to § 30, the transitional provisions according to Art. 34 GesBG apply.

1. The following laws are repealed

a) Law on Public Health and Health Police of January 18, 1864;

b) Law regarding Reproductive Medicine for Humans of October 18, 1990;

c) Law concerning the Practice of Medical Professions and Complementary Medicine of May 26, 1879;

d) Law concerning Public Dental Care (Dental Care Law) of December 8, 1993;

e) Law regarding Youth Dental Care of November 8, 1962;

f) Law concerning Outpatient Health and Nursing Care (Spitex Law) of June 5, 1991;

g) Hospital Law of March 26, 1981.