Health Act (GesG) - Scope of Application (GesG)

1. This law regulates the public health system in the Canton of Solothurn.

2. Special provisions of federal decrees or inter-cantonal agreements, as well as special cantonal provisions, remain reserved.

1. This law aims to preserve, promote, protect, and restore the health of the population through measures of health care, health promotion, and prevention, as well as public health measures.

2. By taking responsibility for their own health, the population adequately contributes to achieving the objectives of this law.

1. Special attention shall be given to intra- and inter-cantonal cooperation.

2. The Canton and the municipalities may collaborate in the implementation of this law with other public-law entities, public or private institutions, organizations, and establishments, as well as with additional individuals.

1. The Executive Council exercises oversight over public healthcare.

1. The Department assumes all tasks of the canton in the field of public health, insofar as these are not expressly assigned to other authorities or bodies.

2. It executes, within its area of responsibility, the federal, inter-cantonal, and cantonal enactments as well as the state treaties, initiates the necessary measures, and issues the necessary orders.

1. The government council appoints a cantonal ethics committee to fulfill the tasks in accordance with Articles 45 et seq. of the Federal Act on Research involving Human Beings (Human Research Act, HRA) of September 30, 2011. It may decide to join a regional ethics committee. The agreement concerning a regional ethics committee particularly regulates

a) the composition, tasks, and competencies of the ethics committee;

b) liability;

c) procedure and legal protection;

d) financing through cantonal contributions and fees;

e) the specifics of fee collection up to 50,000 Swiss Francs, whereby the amount of fees is determined by time and labor costs and the complexity of the applications;

f) oversight by a regional supervisory body.

2. The department, together with the responsible departments of the other cantons within the agreement, establishes a regional supervisory body, selects its members, and approves the regulations regarding the organization, procedure, and competencies of the supervisory body.

3. Provided that legal protection and procedure are governed by the law of the Canton of Solothurn, decisions of the ethics committee can be appealed to the administrative court within 10 days.

1. The municipal council performs those tasks in the field of public health that are legally assigned to the municipalities.

2. It may delegate its powers to commissions, the municipal administration, or an appointed person. In such case, it exercises supervision.

**1. A professional practice license from the Department is required for anyone who exercises an activity within the healthcare sector under their own professional responsibility, which:**

a) falls under the Federal Act on University Medical Professions (Medical Professions Act, MedPA) of June 23, 2006;

b) falls under the Federal Act on Psychology Professions (Psychology Professions Act, PsyA) of March 18, 2011;

c) falls under the Federal Act on Healthcare Professions (Healthcare Professions Act, HPA) of September 30, 2016;

d) is classified as a service provider according to health insurance legislation;

e) is listed in the Annex of the Intercantonal Agreement on the Recognition of Educational Qualifications (IAR) of February 18, 1993, with the exception of opticians and podiatrists holding a federal certificate of competence;

f) is designated as requiring a license or is listed in a corresponding register according to other federal or intercantonal regulations.

**2. Speech therapists are subject to the licensing requirement insofar as they are engaged in medical-therapeutic activities and provide services at the expense of the mandatory health insurance.**

**3. Holders of a professional practice license may, with the approval of the Department, operate a branch practice. Personal professional practice is required for the branch practice.**

**4. The Government Council may, in a regulation, subject further activities within the healthcare sector, which are capable of endangering public health, to a licensing requirement or exempt certain activities from the licensing requirement, provided this is in accordance with superior law.**

1. Holders of a foreign professional practice permit, who intend to engage in an activity requiring authorization in the canton of Solothurn for a maximum of 90 working days according to Article 5 of the bilateral Agreement on the Free Movement of Persons dated June 21, 1999, do not require a professional practice permit. Restrictions and conditions of their permits also apply to these activities. The individuals concerned must report to the Department before commencing their activity.

2. The Department examines the prerequisites for the commencement of the activity in an expedited, free-of-charge procedure and informs the person concerned whether they may commence the activity in question.

3. For holders of out-of-canton professional practice permits, who do not wish to establish a branch practice in the canton of Solothurn, the procedure outlined in paragraphs 1 and 2 applies accordingly, irrespective of the duration of the professional practice.

4. No professional practice permit is necessary for employed staff who are under the professional responsibility and direct supervision of the holder of a professional practice permit of the same profession. In the case of physicians, the supervising person must hold the same specialist medical title.

1. All other professional or otherwise remunerated activities that serve the elimination of health disorders or the improvement of the health condition of humans and animals are subject to the supervision of the Department.

2. Persons who engage in an activity exempt from authorization pursuant to paragraph 1 are obligated to provide information and report to the Department.

3. If health risks are threatened in the area of activities exempt from authorization, the Department may prohibit the relevant activities and actions. It can also merely restrict the activity or make its continuation contingent upon certain conditions.

4. The administrative and prosecuting authorities, as well as the courts, shall report to the Department all incidents and observations relevant to a prohibition or restriction.

**1. The authorization requirements for the following activities are conclusively governed by federal law:**

a) Medical professions according to MedBG;

b) Psychology professions according to PsyG;

c) Health professions according to GesBG.

**2. For other activities, the professional practice authorization is granted if the applicant:**

a) Meets the required professional qualifications;

b) Is trustworthy and offers both physical and mental assurance of impeccable professional practice;

c) Has proficiency in the German language.

**3. The authorization may be linked with restrictions of a professional, temporal, and spatial nature, and may be subject to additional conditions and obligations, as long as these arise from federal, intercantonal, or cantonal regulations, or if it is necessary for ensuring high-quality and reliable medical care.**

**4. Holders of professional practice authorizations must immediately report all facts and changes relevant to their authorization to the Department.**

**5. Holders of professional practice authorizations must fully meet the authorization requirements throughout the entire duration of their activities. They shall maintain corresponding documentation in this regard, which must be made available to the Department upon request at any time.**

1. For the following activities, the reasons for revocation are conclusively determined by federal law

a) Medical professions according to MedBG;

b) Psychology professions according to PsyG;

c) Healthcare professions according to GesBG.

2. The license will be revoked for other activities

a) if one of the prerequisites for issuing the license is no longer fulfilled;

b) if subsequent facts become known, based on which the license should have been denied;

c) in cases of serious or repeated violation of professional duties;

d) in cases of serious or repeated financial exploitation of patients or their insurers, or aiding in such exploitation;

e) for other serious violations against this law and the regulations based on it.

3. Revocation can apply to the entire or a part of the professional activity and may be for a definite or indefinite period.

4. If the person, whose license is revoked, also holds a license from another canton, the department shall inform the supervisory authority of that canton.

1. The authorization expires

a) upon the death of the holder of the professional practice authorization;

b) due to failure to commence professional activity within twelve months from the granting of the authorization;

c) upon the written declaration of waiver of professional practice;

d) upon the permanent cessation of professional practice in the Canton of Solothurn;

e) upon the expiration of a time limit;

f) due to a legally binding professional ban imposed in a criminal proceeding;

g) upon reaching the age of 75, unless there is medical proof of flawless professional practice in both physical and mental respects; proof must be provided every two years.

2. If a holder of a professional practice authorization, their representative, or employees cannot be reached for more than three months, the Department shall set a reasonable period for the holder of the professional practice authorization to report to them. If this does not occur within the designated period, the authorization expires.

1. For the following activities carried out under one's own professional responsibility, the professional duties are conclusively governed by federal law

a) Medical professions according to the Medical Professions Act (MedBG);

b) Psychology professions according to the Psychology Professions Act (PsyG);

c) Health professions according to the Health Professions Act (GesBG).

2. For other activities, the professional duties, subject to overriding law, are the following

a) The activity must be performed diligently and conscientiously.

b) Existing competencies must be continuously deepened and expanded through lifelong learning.

c) The limits of the competencies acquired during training and deepened and expanded through lifelong learning must be adhered to.

d) The rights of patients must be respected.

e) Only objective advertising that meets a public need and is neither misleading nor intrusive is permitted.

f) Professional secrecy must be maintained according to the relevant regulations.

g) A professional liability insurance must be taken out according to the nature and extent of the risks associated with the respective activity. Activities subject to state liability law are exempt.

h) In collaboration with members of other health professions, only the interests of patients are to be safeguarded.

1. The activity concerned must be carried out personally.

2. For the representation of a holder of a professional practice permit due to personal impediments, such as illness or absence on vacation, a temporary permit may be granted to a person who meets the requirements for the issuance of a professional practice permit. For regular representations, a permit limited to five years may be granted.

3. The employment of staff members of the same profession under the professional responsibility and direct supervision of the holder of the professional practice permit, who meet the professional requirements for the activity in question, is permissible for all activities without a permit.

4. The government council shall regulate, in particular, the details of the activities of the deputies, the activities of the staff under the professional responsibility and direct supervision of the holder of the professional practice permit, as well as interns, and the maximum number of permissible employments and positions in percentage terms of staff members according to paragraph 3 in an ordinance.

1. Individuals engaged in healthcare activities, as well as their assistants, must maintain confidentiality regarding secrets entrusted to them as a result of their activities and regarding observations made in the course of their duties.

2. They are legally exempt from the duty of professional secrecy

a) with the patient's consent;

b) with a written release from professional secrecy by the department;

c) if a legal reporting obligation or a legal reporting right exists according to § 17;

d) for the enforcement of claims for fees in debt collection and legal proceedings against the patient;

e) to defend themselves in civil and criminal proceedings;

f) in proceedings related to medical state liability;

g) within the framework of license revocation and disciplinary proceedings under this law;

h) in connection with assisting law enforcement authorities in corpse identification.

3. The exemption from professional secrecy only pertains to data that is relevant in the respective individual case.

4. The rights to refuse to testify under federal law remain reserved.

1. Individuals engaged in activities within the healthcare sector are required to report extraordinary deaths without delay to the law enforcement authorities, as well as to immediately communicate to the departmental authorities responsible for medical or pharmaceutical matters any observations that suggest a significant threat to public safety. They are authorized to notify child and adult protection authorities if a person appears to be in need of assistance.

2. They are authorized, regardless of their obligation to maintain professional secrecy, to report to law enforcement authorities any observations that suggest a crime or offense, particularly against life and limb, sexual integrity, or public health.

3. They are obligated to report for scientific research pursuant to § 45, provided that the affected person has consented to the disclosure of data.

4. Special legal reporting duties and rights remain reserved.

1. Individuals engaged in healthcare activities shall maintain a patient record for each patient in written or electronic form, which must be continuously updated. The authorship and timing of each entry must always be clearly identifiable.

2. The patient record shall in particular provide information on the patient's informed consent, examination, diagnosis, treatment, care, and any coercive measures.

3. The patient record must be retained for at least 10 years after the conclusion of the last treatment, unless longer retention periods are prescribed by federal law. The government council may prescribe longer retention periods in specific cases through regulations, taking the interests of the patients adequately into account.

4. In the event of a temporary or permanent cessation of professional activities and after the death of the treating or caregiving person, it must be ensured that the patient record remains accessible to the patient, while maintaining professional confidentiality.

5. Necessary organizational and security measures must be implemented to ensure that only authorized persons have access to the patient record.

1. The government council may take the necessary measures regarding the introduction of the electronic patient dossier for the management, coordination, and promotion of cooperation as well as networking among communities, provided that these tasks are not or not properly carried out by the responsible service providers.

2. The canton may grant contributions for the introduction of the electronic patient dossier.

1. Physicians, dentists, and veterinarians are obligated to personally participate in a regional emergency service and ensure its flawless operation.

2. The cantonal professional organizations of physicians and dentists are responsible, through appropriate regulations declared binding by a governmental ordinance, for the effective organization of the emergency service and may collect the necessary personal data for this purpose. They are particularly responsible for

a) determining the nature, scope, and location of the duties of individuals obligated to provide emergency services, whereby this task can be delegated to regional emergency service organizations;

b) recruiting additional individuals who practice in the health sector if a demonstrated need exists;

c) exempting obligated individuals from emergency service if significant reasons are present;

d) commissioning a medical assessment agency to create a medical report, at the expense of the individual concerned, in case of disagreements regarding the health reasons claimed by an individual obligated to provide emergency services;

e) collecting a substitute fee from those exempted from emergency service, which ranges from 300 to 1,000 Swiss Francs per emergency service and a maximum of 15,000 Swiss Francs per year. The amount is determined by the scope of emergency services required annually by the members of the professional group.

3. Veterinarians, by mutual agreement, ensure the effective organization of the emergency service. The department is to be informed accordingly.

4. Decisions by the cantonal professional organizations regarding exemption or exclusion from the emergency service obligation and the imposition of substitute fees can be appealed to the department within 10 days.

1. The following healthcare institutions in particular require an operational license

a) Hospitals;

b) Day and night clinics;

c) Facilities that, according to health insurance legislation, the Federal Act on Medically Assisted Reproduction (Reproductive Medicine Act, FMedG) of December 18, 1998, or other federal regulations are considered service providers or require cantonal approval; subject to paragraph 2;

d) Facilities that, pursuant to the Federal Act on Medicinal Products and Medical Devices (Therapeutic Products Act, HMG) of December 15, 2000, require cantonal authorization; for private medical, dental, and veterinary pharmacies as well as for hospital and home pharmacies, §§ 54 ff. apply.

2. The issuance of operational licenses for institutions providing social services and operating social institutions is governed by the Social Act (SG) of January 31, 2007.

3. The government council may subject additional institutions to the licensing requirement through an ordinance and regulate the related details, provided this is deemed necessary and appropriate and is compatible with superior law.

1. Operating Permit is Granted When an Institution

a) Ensures adequate medical care for its range of services and has the necessary specialized personnel with the requisite professional and personal qualifications in a number appropriate to the type and size of the respective institution;

b) Possesses an appropriate medical and operational infrastructure, if necessary appropriate pharmaceutical provisions, as well as a suitable quality assurance system;

c) Appoints a person or, if necessary, multiple persons with overall responsibility, as well as their deputies, who possess a license to practice in the relevant field;

d) At the time of commencement of operations, has secured professional liability insurance corresponding to the nature and extent of the risks or provided other equivalent securities;

e) Meets any additional requirements imposed by superior law.

1. The Permit Expires

a) due to non-commencement of operations within 12 months;

b) with the written declaration of renunciation of operating the facility;

c) with the cessation of operations;

d) at the time of the dissolution of the legal entity;

e) upon the opening of bankruptcy proceedings;

f) with the expiration of a term limit.

2. A facility is obligated, according to § 25 letter a, to immediately report to the department the change or death of the person with overall responsibility. Subsequently, the department sets a reasonable period for the said facility to appoint a new person with overall responsibility. If this does not occur within the designated period, the permit expires.

3. If a facility cannot be reached for more than three months, the department will set a reasonable period for the said facility to report to it. If this does not occur within the designated period, the permit expires.

1. For the safety of patients, hospitals may, according to § 21 paragraph 1 letter a, conduct the following monitoring

a) in intensive care units and emergency treatment rooms with real-time transmissions without storage;

b) at emergency entrances with recording and storage for up to 96 hours.

**1. The following regulatory areas shall apply mutatis mutandis to healthcare facilities:**

a) License restrictions, conditions, and requirements, as well as documentation and information duties: § 11 paragraphs 3-5;

b) Revocation of the license: § 12;

c) Professional duties: § 14;

d) Practice of the profession: § 15 paragraphs 3 and 4;

e) Professional confidentiality, as well as reporting obligations and rights: §§ 16 et seq.;

f) Documentation and retention obligations, as well as electronic patient dossiers: §§ 18 et seq.

**2. Healthcare facilities with public responsibilities shall offer patient documentation to the competent archive for acquisition after the retention period has expired and are, in this regard, released from professional confidentiality.**

1. Any service provider wishing to operate within the outpatient sector under the mandatory health insurance system requires a license from the Department and is subject to its supervision.

2. The license may be subject to specific professional, temporal, and geographical limitations or conditions as necessary to ensure the provision of high-quality and appropriate services.

3. The license expires if its holder does not make use of it within six months following its issuance, although the Department may extend this period upon request for important reasons.

4. The Government Council shall regulate the details of the licensing procedure as well as the reporting obligations of license holders in a regulation.

1. The Council of Government may order an immediate halt to the admission of nursing professionals and organizations employing nursing professionals, provided the conditions pursuant to Article 55b of the KVG are met.

1. The Government Council shall set maximum numbers for doctors who provide outpatient services at the expense of compulsory health care insurance in one or more medical specialties or in specific regions, in accordance with the federal legal requirements, in a regulation.

2. It may order an immediate suspension of admissions in a specific specialty if the conditions pursuant to Article 55a paragraph 6 of the Health Insurance Act (KVG) are met.

1. The rights and obligations of patients provided for in this section apply to all individuals who perform activities in the field of healthcare and to all healthcare facilities that require authorization.

1. Examination, treatment, and care of patients must conform to recognized professional principles, proportionality, and cost-effectiveness.

2. Patients are entitled to respect and preservation of their personal freedom, privacy, and personal rights. They have a right to information and self-determination. Exceptions include coercive measures explicitly provided for by this law or other regulations.

3. Terminally ill and dying individuals have the right to appropriate, holistic care and the greatest possible alleviation of their suffering and pain in accordance with the principles of palliative medicine, care, support, and pastoral care.

1. Patients are to be informed unsolicited, to the necessary extent, and in a comprehensible and appropriate manner about

a) the diagnostic examinations and diagnoses;

b) the proposed treatment, treatment alternatives, and their purpose and modalities;

c) the risks and side effects;

d) the anticipated development of the health condition with or without the proposed treatment;

e) the cost implications.

2. The extent of the information provided is determined by the will of the person to be informed and by the circumstances of the individual case. In exceptional cases, a detailed explanation may be omitted if there is reason to assume that such information would be detrimental to the patient.

3. If providing information in emergency situations is no longer possible, it must be given retroactively.

1. Patients are required to cooperate in a reasonable manner during necessary examinations and treatments.

2. They are obliged to provide the information necessary for proper examination, treatment, and administration concerning their health and personal details.

3. They must be considerate of other patients and individuals working in the healthcare sector, and they must respect the house rules of the respective facilities and institutions.

1. Patients or their legal and contractual representatives may inspect the relevant patient documentation, request copies thereof, or receive it in the original form in exchange for a written waiver of the retention obligation according to § 18 paragraph 3. However, there is no right of access concerning personal notes made by the attending and nursing professionals.

2. The right of access and delivery can be restricted due to overriding legitimate interests of third parties.

3. In exceptional cases, costs may be charged for the preparation of copies, with the maximum cost-sharing amount being 300 francs. The federal legislation on data protection applies accordingly.

1. Information about patients may only be provided to third parties with their prior consent.

2. Unless the circumstances indicate a need for the patient's confidentiality, consent is presumed for

a) Information to close relatives and the life partner;

b) Medically necessary information to individuals engaged in the healthcare sector, and to healthcare facilities that refer, co-treat, provide follow-up treatment, or are involved in the treatment.

3. Reporting obligations and rights pursuant to § 17 remain reserved.

1. The treatment relationship includes all measures necessary for the improvement of the health condition according to the findings of professional expertise.

2. The patient can reject individual medical procedures and the intake of medication at any time. Furthermore, it is possible to dissolve the treatment relationship at any time.

3. If the patient or the legal representative refuses a medical measure, this refusal must be confirmed in writing upon request, along with a corresponding liability release. The provisions of the Swiss Civil Code (ZGB) of December 10, 1907, apply to advance directives.

4. The treating persons may refuse diagnostic, therapeutic, or prophylactic measures in justified cases, particularly for medical, nursing, or ethical reasons.

1. All medical and nursing measures, particularly physical interventions, examinations, and treatments, require the consent of the informed patient who is capable of judgment regarding the decision in question.

2. For measures that do not involve an intervention, the tacit consent of the patient is sufficient.

1. For persons under full guardianship, the guardian must be informed in all cases about major medical procedures or those associated with significant risk.

2. For persons not under full guardianship, information may only be withheld from the guardian insofar as it is not essential for the management of the guardianship. The patient must be consulted in advance in this regard. The physician must record in the patient documentation the reasons for withholding information.

1. If patients capable of judgement are minors, the legal representative must be informed in the case of major medical interventions or those associated with significant risk.

2. If the patient requests it for sufficient reasons, information to the legal representative must be withheld. The doctor must document in the patient's records the reasons why the information was withheld.

1. Patients may only be included in educational courses with their consent, taking care to respect their personality and privacy. The consent may be revoked at any time.

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

3. For research projects involving living and deceased persons, the consent of the ethics committee is required.

1. Without a clear expression of will by the deceased person, an autopsy requires the consent of the person authorized to represent according to the Swiss Civil Code (ZGB).

2. Reserved remains the order for an autopsy in the event of suspected communicable disease of the person by the department, as well as the order for an autopsy in accordance with the Swiss Code of Criminal Procedure (Criminal Procedure Code, StPO) of October 5, 2007 and its ancillary decrees by the law enforcement authorities.

1. Organs, tissues, or cells may not be removed from persons who are incapable of judgment or minors.

2. Exceptions to paragraph 1 require the consent of the ethics committee in accordance with Article 13 paragraph 2 letter i of the Federal Act on the Transplantation of Organs, Tissues, and Cells (Transplantation Act) of October 8, 2004.

1. The provisions of the Swiss Civil Code (ZGB) regarding residential and care facilities apply mutatis mutandis to restrictions on the freedom of movement of patients who are incapable of judgment.

2. In facilities with medical management, the responsibility for ordering movement-restricting measures pursuant to Article 438 of the Swiss Civil Code (ZGB) lies with the on-duty senior physicians as well as the doctors of the residential and care facilities.

3. In facilities without medical management, measures to restrict freedom of movement are to be ordered by senior personnel from the nursing sector. The facilities designate the functions responsible for this and report this to the competent authorities, in particular the Child and Adult Protection Authority at the location of the facility. The attending physician must be mandatorily involved before the order of the measure.

1. For treatments of patients without their consent, the provisions of the Swiss Civil Code regarding protective custody apply.

2. In facilities with medical management, the head doctors of the department, pursuant to Article 434 of the Swiss Civil Code, are the attending senior doctors as well as the doctors of residential and care facilities.

3. In facilities without medical management, treatments without the consent of the patients are excluded.

1. The oral or written communication of patients with their relatives and with third parties may be subjected to medical oversight and restricted if necessary for the protection of the patients and third parties. This does not apply to communication with authorities and legal representatives.

2. The affected person or a person close to them can at any time appeal such a measure to the child and adult protection authority at the location of the facility.

3. If the child and adult protection authority deems the measure inappropriate, it shall immediately lift or adjust it.

1. Hospital care, inpatient care in residential and nursing facilities, and outpatient, nursing care at home are provided in accordance with the provisions of the Hospital Act (SpiG) of May 12, 2004, and the relevant statutory provisions.

2. The outpatient healthcare of the population is primarily ensured by private service providers. Public service providers perform supplementary functions within the framework of service mandates and statutory guidelines.

3. In areas where an adequate provision of healthcare for the population is not otherwise guaranteed, the canton may support the establishment and operation of outpatient facilities with financial contributions and other suitable measures.

**1. The Canton and the Municipalities Promote:**

a) Health-promoting living conditions;

b) The population's competencies in the field of health;

c) Appropriate prevention for the purpose of preventing diseases and accidents, as well as early detection of diseases, addictions, and other health risks.

**2. The Department May, Independently or in Cooperation with Other Public Entities, Public or Private Institutions, Organizations, and Establishments, as well as with Other Persons, Initiate, Coordinate, Implement, and Evaluate Measures for Health Promotion and Prevention. The national goals of the Confederation are to be duly considered.**

**3. The Canton May Support Institutions, Measures, and Projects of Other Public Entities, Public and Private Institutions, Organizations, or Establishments, as well as Other Persons Through Contributions.**

1. The canton promotes self-help and thereby the responsibility of each individual for themselves and others.

2. It ensures access to services and connects interested individuals.

3. It supports suitable services and projects and ensures that they are made known to the general public.

4. It coordinates and networks services and projects.

1. The sale of tobacco products to children and adolescents under the age of 18 is prohibited. In cases of doubt, the sales staff may request identification to verify the age of the customer.

2. The sale of tobacco products via vending machines is prohibited. Exempt from this prohibition are vending machines where the sale to children and adolescents under the age of 18 is rendered impossible by appropriate measures.

3. Advertising and sponsorship for tobacco products are prohibited

a) on public grounds;

b) on private grounds that can be viewed from public grounds;

c) in cinema screenings;

d) at cultural and sporting events.

4. Smoking is prohibited in enclosed spaces that are accessible to the public, such as particularly in buildings of public administration, hospitals, clinics, as well as in elderly and nursing facilities, in cultural and sports facilities, schools, kindergartens, and other educational institutions, as well as in all areas of the gastronomy sector. Separate and appropriately marked rooms with adequate ventilation may be designated for smoking individuals.

1. The canton may, in collaboration with other public-law entities, public or private institutions, organizations, and establishments, as well as other individuals, conduct scientific research in the service of health.

1. To enhance understanding of cancer diseases within the population, the canton establishes a cancer registry.

2. The Government Council designates the operator of the cancer registry. It may delegate the management of the registry to a public or private institution, organization, or entity active in the canton of Solothurn, or another person, or it may decide to join an external canton cancer registry.

3. The management, financing, and oversight of the cancer registry are governed by an agreement between the department and the operator of the cancer registry.

4. The operator of the cancer registry may reconcile the data of the cancer registry with those of the resident registry platform, including particularly sensitive personal data, through a retrieval procedure, provided this is necessary for the fulfillment of their duties.

5. The operator of the cancer registry provides the early detection programs with the data required for quality assurance, along with the insurance number in accordance with Article 50c of the Federal Act on Old-age and Survivors' Insurance (AHVG) of December 20, 1946, provided the patient has participated in the early detection program.

1. The school health service supports the healthcare of children and adolescents during compulsory schooling and serves as a point of contact for medical matters in special situations.

2. Municipalities ensure the provision of the school health service in municipal public school offerings by

a) appointing school doctors who hold a professional practice license, and entering into appropriate agreements with them;

b) covering the costs of voluntary preventive examinations;

c) regulating the specifics, particularly the duties of the school health service, the preventive examinations, the costs, and the inclusion of private schools, in a regulation.

3. The canton ensures the provision of the school health service in cantonal public school offerings by

a) appointing school doctors who hold a professional practice license, and entering into appropriate agreements with them;

b) covering the costs of voluntary preventive examinations.

1. The school dental care aims to prevent dental damage and its consequences through preventive measures and treatments.

2. The municipalities ensure regular school dental care during compulsory schooling by

a) appointing school dentists who hold a license to practice and entering into appropriate agreements with them;

b) covering the costs of preventive dental care and the annual compulsory routine examinations;

c) regulating the details, particularly the tasks of school dentists, the routine examinations, the costs, and the inclusion of private schools, in a regulation.

3. The guardians may have routine examinations and treatments carried out by the school dentist or, at their own expense, by another dentist. The guardians must provide an account of the completed routine examination to the municipalities.

4. The costs of treatments provided by the school dentist are to be borne partially or fully by the guardians according to their financial capacity and the number of their children. The municipalities determine the modalities and the amount of the guardians' contributions in their regulations.

1. The Government Council utilizes federal and third-party funds, particularly the levy in accordance with the Health Insurance Act (KVG) for general disease prevention, within the scope of the intended purpose to finance projects of prevention and health promotion in the social and health sectors.

1. The department is responsible for the implementation of measures to combat communicable diseases in humans, unless these tasks are expressly assigned to other authorities or bodies.

2. The canton may delegate the execution of certain measures to combat communicable diseases in humans to municipalities, individuals engaged in healthcare activities, healthcare facilities requiring permits, public or private institutions, organizations, and establishments, as well as to other persons.

3. The canton may contribute to the costs incurred as per paragraph 2.

1. The Government Council may conduct public vaccinations.

2. It may declare vaccinations to be mandatory in accordance with Article 22 of the Federal Act on Combating Communicable Human Diseases (Epidemics Act, EpG) of 28 September 2012.

1. Processing and the mutual exchange of personal and health data necessary for combating communicable diseases by the authorities responsible for enforcement pursuant to § 49 shall be in accordance with Articles 58 and 59, paragraphs 1 and 2 of the Epidemics Act (EpG).

2. The authorities responsible for enforcement pursuant to § 49 may transmit the personal and health data necessary to prevent the further spread of communicable diseases to facilities with an increased risk of exposure and transmission, such as schools and daycare centers.

3. The Department may, if a person disregards the restrictions on a specific activity or professional practice ordered against them in accordance with Article 38 of the EpG, inform their employer as well as individuals responsible for their activity about these restrictions.

4. Facilities with an increased risk of exposure or transmission are entitled to disclose to the authorities responsible for enforcement pursuant to § 49, upon request, the personal and health data necessary for combating communicable diseases as stipulated in Article 12, paragraph 6 of the EpG, in accordance with Article 59, paragraph 2 of the EpG.

1. The Government Council shall regulate the details in an ordinance. It may, in particular, issue regulations regarding

a) the further specification of responsibilities according to § 49;

b) the measures against communicable diseases, namely the obligation of persons with tuberculosis to take corresponding medications under supervision, as well as the threat and imposition of sanctions in the event of refusal;

c) the measures against antibiotic-resistant germs;

d) the processing and disclosure of data.

1. The department is responsible for the enforcement of the Swiss Medicinal Products Act (HMG), unless these tasks are expressly assigned to other authorities or agencies.

2. It is also responsible for the enforcement of the Federal Act on Narcotics and Psychotropic Substances (Narcotics Act, BetmG) of October 3, 1951, particularly in the following areas

a) The granting of authorizations for

1. The prescription, dispensing, and administration of narcotics for the treatment of narcotics-dependent individuals;

2. The acquisition, storage, and use of narcotics by hospitals and institutions dedicated to scientific research;

3. The acquisition, storage, use, prescription, or dispensing of narcotics, especially in the context of activities of cantonal and municipal authorities;

b) The receipt of reports on the dispensing and prescription of narcotics for purposes other than the approved indicators;

c) The withdrawal of the authority to acquire, store, use, and dispense narcotics;

d) The control of persons, companies, and institutions subject to the BetmG.

3. The department may delegate specific control activities to specialized agencies or consult specialized agencies.

1. Physicians, dentists, and veterinarians have the right to self-dispense and may operate a private pharmacy. The operation of a private pharmacy requires a permit from the department.

2. Similarly, hospitals and nursing homes can operate a private pharmacy, provided a permit from the department is obtained.

1. The Authorization is granted if

a) the concerned person holds a professional practice license;

b) the proper storage, supervision, and dispensing of the medicinal products are ensured.

2. For the direct application of medicinal products to patients, and for dispensing in emergencies and during house calls, no authorization is required.

3. The direct dispensing of medicinal products is permitted solely for the needs of one's own practice and must be conducted by the authorization holder themselves or under their immediate supervision and responsibility. Retail sale to third parties and supply to resellers is prohibited.

4. Self-dispensing physicians, dentists, and veterinarians are obliged to inform patients and animal owners that the medicinal products can be obtained from their private pharmacy, any public pharmacy of their choice, or a mail-order pharmacy.

1. The authorization shall be granted if

a) a pharmacist with a license to practice is designated as the person with overall responsibility;

b) the proper storage, supervision, and dispensing of medications are ensured.

2. Hospitals and homes that procure, manage, or dispense medications exclusively for specific patients or residents from a private pharmacy or based on a medical prescription in a public pharmacy, or dispense them exclusively by a nursing professional to the designated person, do not require authorization.

3. Direct dispensing of medications is permitted, except in emergencies, solely for patients of the hospital or home.

1. For the purpose of combating the abuse of forged or multiply obtained prescriptions for pharmaceuticals, as well as the abuse of narcotics and psychotropic substances, the authorities responsible for medical and pharmaceutical matters in the Department may exchange the following personal and health data concerning both the individuals acting abusively and the treating individuals with pharmacists and doctors

a) Name and first name, as well as date of birth and gender;

b) Address, place of residence, and canton of residence;

c) Ongoing or completed narcotics-based treatment;

d) Copy of the forged or multiply obtained prescription.

2. The exchange of data can take place within the framework of a retrieval process.

3. The Department shall issue the necessary guidelines concerning

a) The designation of authorized individuals and their duties of care;

b) The responsibilities for granting, updating, and revoking access authorizations;

c) The technical measures for protection against unauthorized access;

d) The responsibility for the technical operation of the data platform.

1. The Government Council regulates the specifics in an ordinance. It may, in particular, issue provisions concerning

a) the manufacture, prescription, application, and dispensing of medicinal products;

b) the facilities in the field of therapeutic products that require approval;

c) the licenses and measures in the field of narcotics, the treatment with narcotics, and the associated inventory controls;

d) the restriction of access to narcotics and psychotropic substances.

2. It may collaborate with other public-law entities, public-law or private institutions, organizations, and facilities, as well as with other individuals, and conclude corresponding agreements.

1. The department ensures appropriate oversight of all individuals engaged in healthcare activities and of healthcare facilities requiring authorization. For this purpose, it may conduct operational inspections.

2. The department is particularly entitled to

a) Obtain information and demand the submission of documents, provided that non-anonymized patient records may only be requested if a waiver of professional confidentiality according to § 16 paragraph 2 is in place;

b) Enter the premises of individuals engaged in healthcare activities and those of healthcare facilities requiring authorization;

c) Collect samples and seize items for further examination and clarification.

1. The department shall take the necessary measures for the proper exercise of its supervisory duties.

2. The department may, in particular

a) confiscate, officially secure, or destroy items that serve or have served an illegal activity, as well as items that endanger health;

b) prohibit the use of premises and facilities, and close establishments;

c) prohibit and remove unauthorized announcements and confiscate the means used for them.

1. For the following activities carried out under one's own professional responsibility, disciplinary measures are determined conclusively by federal law

a) Medical professions according to the MedPA;

b) Psychology professions according to the PsyA;

c) Health professions according to the HPA.

2. If other persons exercising an activity in the healthcare sector, or healthcare institutions requiring authorization, violate their professional duties, further federal or intercantonal regulations associated with professional practice, or the provisions of this Act and the regulations based thereon, the department may, ex officio or upon request of third parties, impose the following disciplinary measures

a) a warning;

b) a reprimand;

c) a fine of up to 20,000 francs;

d) a prohibition to practice the profession for a maximum of six years (temporary prohibition);

e) a definitive prohibition to practice the profession in whole or in part of the professional activities.

3. A fine may be imposed in addition to a prohibition to practice the profession.

4. During the disciplinary proceedings

a) the authorization to practice an activity in the healthcare sector or to operate a healthcare institution may be restricted, subjected to conditions, or revoked;

b) a prohibition to practice activities in the healthcare sector or to operate a healthcare institution may be pronounced.

1. Disciplinary prosecution is time-barred two years after the department becomes aware of the incident in question.

2. The period is interrupted by any investigative or procedural action regarding the incident in question.

3. In any case, disciplinary prosecution is time-barred 10 years after the incident in question.

4. If the breach of professional duties constitutes a criminal offense, the longer limitation period provided for by criminal law applies.

5. If disciplinary proceedings are conducted against a person, the department may also consider facts that are time-barred to assess the threat posed by that person to public health.

1. The administrative and law enforcement authorities, as well as the courts, report all incidents and observations relevant to disciplinary law to the department.

2. If the department initiates disciplinary proceedings against a person or an entity holding a license from another canton, it informs the supervisory authority of that canton.

3. To protect the population from health risks, the department may, once the relevant decisions are legally binding, publish the issuance, restriction, revocation, and expiration of a license, the closure of practices and facilities, professional practice prohibitions, as well as prohibitions on performing any activity in the field of healthcare.

1. Unless special penal provisions are applicable, a fine of up to 100,000 francs shall be imposed on anyone who intentionally or negligently

a) engages in an activity requiring a permit without having such a permit, operates a facility requiring a permit without having such a permit, or advertises for such a facility without a permit;

b) as the holder of a permit, significantly or repeatedly exceeds their authority;

c) as the holder of a permit, seriously or repeatedly violates professional duties or patient rights;

d) disregards the prohibitions on the sale, advertising, or sponsoring of tobacco products in accordance with § 44;

e) as the operator of a facility subject to a smoking ban or as a visitor thereof, violates the provisions for the protection against passive smoking.

2. If the act was committed for commercial purposes or for profit, the fine shall be up to 500,000 francs.

3. Attempt and complicity are punishable.

4. Instead of a legal entity, the natural persons who acted or should have acted on behalf of the entity are punishable. If the relevant natural persons cannot be identified, the legal entity or the partnership shall be sentenced to pay the fine.

5. The prosecuting authorities and the courts shall deliver the penal decisions, which are issued in application of federal and cantonal health legislation, to the department.

1. If an activity in the field of healthcare or a healthcare institution is no longer subject to a permit according to this law, the relevant permit shall expire upon the entry into force of this law. Reserved are the provisions of superior law.

2. Already issued professional practice licenses for naturopaths in the areas of homeopathy, traditional Chinese medicine, and acupuncture shall remain valid.

3. Other permits issued before the entry into force of this law shall also remain valid. Their content shall be governed by the new law. If the requirements for the permit are stricter compared to the old law, these must be fulfilled within a period of two years from the entry into force of this law, otherwise, the relevant permits shall expire.

4. For newly regulated activities and institutions subject to the permit requirement, an application for a permit must be submitted within six months from the entry into force of this law. Otherwise, the continuation of the respective activity or the operation of the respective institution is prohibited. Reserved are the provisions of superior law.

5. Persons who engage in a permit-required activity in the field of healthcare at the time of the entry into force of this law and are over 75 years old must submit an application for extension of the permit within six months from the entry into force of this law.

6. Until the entry into force of the GesBG

a) the permit requirement, permit prerequisites, reasons for withdrawal, professional duties, and disciplinary measures for the fields of nursing, midwifery, physiotherapy, occupational therapy, nutritional counseling, optometry, and osteopathy are governed by § 8 paragraph 1 letter e, § 11 paragraph 2, § 12 paragraphs 2 and 3, § 14 paragraph 2, § 61 paragraphs 2-4, and § 62;

b) persons with university-level medical professions and psychology professions require a professional practice license for the private exercise of their activity in their own professional responsibility;

c) in public-law institutions, only the overall responsible management personnel and their deputies require a professional practice license.

7. Professional organizations shall submit their emergency service regulations to the Department for review and preparation of their declaration of binding force by the Governing Council within six months from the entry into force of this law.

8. Until the entry into force of the federal cancer registration legislation, physicians, hospitals, and other private or public-law healthcare institutions diagnosing or treating cancer may collect the following personal and health data and report them, together with the data necessary for their identification, to the operator of the cancer registry

a) Name and first name;

b) Insurance number according to Article 50c AHVG;

c) Residential address;

d) Date of birth;

e) Gender;

f) Diagnostic data on cancer and data on initial treatment;

g) Supplementary data on the course of the disease and treatment, as well as data on early detection measures.

9. Municipalities shall submit their regulations on the school medical service and on school dental care to the Department for approval within one year from the entry into force of this law.

1. The Government Council shall issue the necessary implementing provisions in an ordinance for the enforcement of this law. In particular, it may regulate the following areas in greater detail

a) Licensing requirements for individuals working under their own professional responsibility, exceptions to the licensing requirement, and licensing prerequisites;

b) Duty to provide information and notification for activities exempt from licensing;

c) Professional obligations, specifically documentation and retention duties;

d) Emergency service, specifically the assessment and use of substitute fees as well as the collection of personal data;

e) Licensing prerequisites for healthcare institutions, specifically special licensing prerequisites for certain institutions;

f) Special patient rights and obligations for inpatient and semi-inpatient facilities;

g) Removal of organs, tissues, or cells from individuals who are incapable of judgment or who are minors.