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800.01 LSP CH-VD

Art. 75 Public Health Act (LSP) - Authorization to Practice Independently [13, 26, 31, 33]

Chapter VII, Section I
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Art. 75 LSP - Authorization to Practice Independently [13, 26, 31, 33] · Authorization to Practice Independently [13, 26, 31, 33]

1. The independent practice of a health profession is subject to authorization from the department, which defines the procedure.

2. The department examines applications for authorization to practice as an independent physician in close collaboration with the cantonal professional association, which determines, in particular, the applicant's professional background, especially in relation to the federal and Vaud healthcare system, as well as their professional project. Based on the result of this examination, it may attach recommendations to the authorization to practice.

3. The authorization to practice is granted to the applicant provided that they

a. hold a qualification recognized in Switzerland in accordance with an international agreement, federal law, or an intercantonal agreement;

b. have the exercise of civil rights;

c. have not been convicted of a crime or an offense incompatible with the exercise of the profession;

d. are in a physical and mental state that allows them to practice their profession;

e. conclude a civil liability insurance policy covering their activity.

3bis. The authorization may be subject to conditions, particularly concerning linguistic knowledge. The department sets these requirements.

3ter. The Council of State may provide for special conditions for monitoring the aptitude to continue practicing for healthcare professionals wishing to continue their professional activity beyond 70 years of age.

4. Articles 74 paragraph 2, 75a, 120, 122b, 122f, 135, 141, and 153a are reserved.

5. The authorization may be refused if the applicant has been prohibited from practicing due to a breach of their professional duties.

6. An applicant who benefits from an authorization to practice the same profession in another canton benefits from a simplified procedure according to the conditions set by the department.

7. The persons mentioned in the preceding paragraph and foreign nationals who, by virtue of international treaties, have the right to independently practice a health profession in Switzerland without authorization for a maximum of 90 days per calendar year, must report to the competent authority.

8. …

9. Independent practice means non-salaried activity, remunerated by fees.

← Art. 74 LSP - Scope of Application [2, 4, 10, 13, 26] Public Health Act (LSP) - Purpose of the Law Art. 75a LSP - Authorization to Practice for Holders of a Diploma or a Postgraduate Title Issued by a Third State [31] →

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Court Decisions Applying This Provision (4)

GE.2023.0117 · vd (Art. 75 al. 3bis LSP)
Dental Hygienist Language Requirement Appeal
The court ultimately found that the lower authority could not establish that C1 language proficiency was objectively necessary, which relates to the conditions for authorization established by this article.
GE.2019.0107 · vd (Art. 75 al. 5 LSP)
Physician Practice Authorization Appeal Over Prior Sanction and MHI Admission
Mentioned as the cantonal provision allowing refusal based on a professional ban, which the court interpreted in light of Art. 36 al. 1 let. b LPMéd when assessing the appellant's trustworthiness.
GE.2019.0107 · vd (Art. 75 al. 7 LSP)
Physician Practice Authorization Appeal Over Prior Sanction and MHI Admission
Used to confirm the rejection of the appeal regarding the refusal to issue the certificate for service providers practicing for a maximum of 90 days.
GE.2014.0195 · vd (art. 75 let. c LSP)
Physician Appeal of Conditional Practice Restoration After Conviction
Cited in the reasoning to confirm the existence of professional fault based on the criminal conviction incompatible with practicing medicine.