800.01 LSP

CH-VD

Art. 191 Public Health Act (LSP) - Administrative Sanctions [ 13, 26, 31, 33 ]

Chapter XII

Open official source Full Act (251 Articles) Machine-readable Markdown (.md)

Art. 191 LSP · Administrative Sanctions [ 13, 26, 31, 33 ]

1. Where a person fails to comply with this Act or its implementing provisions, has been convicted of a felony or a misdemeanour, is found guilty of immorality or fraudulent practices, or demonstrates negligence, resistance to orders from the authorities, or incompetence in the exercise of their profession, the Department may impose the following administrative sanctions

a. a warning;

b. a reprimand;

c. a fine of Fr. 500.- to Fr. 20,000.-;

d. the imposition of conditions, limitation, suspension, temporary or definitive withdrawal of the authorization to practice, operate or direct, or the withdrawal of the status of responsible person.

e. the closure of premises;

f. a prohibition from practicing.

1bis. In the event of a violation of the continuing education obligation within the meaning of Article 78a of this Act, only the sanctions referred to in paragraph 1 letters a to c may be imposed.

2. These sanctions may be combined.

3. Except in cases where a warning is issued, the Department may publish the decision once it becomes enforceable or communicate it to the health authorities of other cantons, to bodies responsible for applying compulsory health insurance legislation, or to other concerned third parties when a predominant public or private interest so requires.

3bis. Such an interest is presumed when the communication is intended for an ad hoc committee of the professional association of which the sanctioned person is a member.

4. The powers of the Complaints Examination Commission, as set out in Article 15d, paragraph 4, letter c of this Act, are reserved.

5. The Department in charge of veterinary affairs is competent when the measures relate to the practice of veterinary medicine in accordance with Article 5a of this Act.

← Art. 190 LSP - Procedure Public Health Act (LSP) - Purpose of the Law Art. 191a LSP - Provisional Measures [26, 33] →

Court Decisions Applying This Provision (30)

265----------- · vd (Art. 191 al. 1 LSP)

Physician Disciplinary Disclosure Appeal

Cited in the reasoning section (2.1.5) to establish the grounds under which the relevant administrative department (DSAS) can impose sanctions.

RE.2020.0003 · vd (art. 191 al. 3 de la loi vaudoise du 29 mai 1985 sur la santé publique (LSP; BLV 800.01))

Department of Health v. Psychiatric Care Provider (Suspensive Effect of Administrative Sanction Appeal)

Cited to determine the legal basis for the communication, which was central to the decision on the suspension of effect that was confirmed.

GE.2018.0124 · vd (art. 191 al. 1 let. f LSP)

Nurse Ban Upheld for Exploitation and Fraud

This provision was the basis for the administrative sanction (definitive ban on practicing nursing) upheld by the court's decision.

GE.2017.0077 · vd (Art. 191 al. 1 let. b LSP)

Dental Surgeon Reprimanded for Misleading Fee Practices

This provision was the basis for upholding the disciplinary sanction (blâme) imposed by the lower authority.

GE.2015.0169 · vd (Art. 191 al.1 let. d LSP)

Ex-Nurse Appeal Against Definitive Ban in Psychiatric Facilities Upheld

Cited as the legal basis for the administrative sanction imposed by the appealed decision.

GE.2016.0073 · vd (Art. 191 LSP)

Psychiatrist's Reprimand Publication Upheld Over Sexual Misconduct Pattern

This article outlines the sanctions the department can impose, providing the legal basis for the initial decision which was upheld.

GE.2016.0073 · vd (Art. 191 al. 3 LSP)

Psychiatrist's Reprimand Publication Upheld Over Sexual Misconduct Pattern

The court confirmed the decision which included the publication of the sanction, which is governed by this article regarding publication of administrative decisions.

GE.2015.0225 · vd (art. 191 al. 1 let. c LSP)

Dentist Fined for Incorrect Billing Based on Voluntarily Adopted Fee Schedule

This provision served as the legal basis for confirming the fine imposed on the appellant.

GE.2015.0225 · vd (art. 191 al. 3 LSP)

Dentist Fined for Incorrect Billing Based on Voluntarily Adopted Fee Schedule

This provision justifies the adequacy of publishing the decision in the Official Gazette (FAO).

GE.2014.0195 · vd (art. 191 al. 1 LSP)

Physician Appeal of Conditional Practice Restoration After Conviction

Cited as a basis for administrative sanctions against professionals practicing dependently, relevant to the confirmation of the challenged decision.

GE.2014.0195 · vd (art. 191 al. 1 let. d LSP)

Physician Appeal of Conditional Practice Restoration After Conviction

Cited as the basis for imposing conditions/suspension/withdrawal of practice authorization for dependent practitioners, supporting the ability to impose conditions.

GE.2014.0107 · vd (art. 191 let. a LSP)

Medical Specialist Appeal of Administrative Warning Upheld

This provision, combined with Art. 43 al. 1 let. a LPMéd, provides the legal basis for the administrative sanction (the warning) upheld by the decision under review.

GE.2010.0207 · vd (art. 191 al. 1 let. d LSP)

Physiotherapist License Withdrawal Upheld Due to Repeated Sexual Misconduct

Applied retroactively under the *lex mitior* principle as it introduces the possibility of imposing conditions on the authorization to practice, which is more favorable to the appellant.

GE.2010.0011 · vd (Art. 191 LSP)

Physician Misconduct Sanction Review

Cited in the original decision by the authority as the basis for the sanction, but the court ultimately substitutes the sanction with a blâme.

GE.2010.0011 · vd (art. 191 de la loi du 29 mai 1985 sur la santé publique (LSP; RSV 800.01))

Physician Misconduct Sanction Review

Cited in the reasoning section as the legal basis for disciplinary sanctions, although the final order substitutes the sanction based on LPMéd considerations.