Diskussion Anwaltskanzlei Zürich

Pharmaceuticals and healthcare

Health professions license - who is affected?

The Health Professions Act (GesBG) has been in force since February 1, 2020. It requires members of healthcare professions (nurses, physiotherapists, dieticians, occupational therapists, optometrists, midwives and osteopaths) to hold a license to practice (BAB for short) if they work under their own professional responsibility.

01.02.2025 Andrea Waditschatka

Until January 31, 2025, persons who have been able to work under their own professional responsibility without a professional license may continue to work without a license. Starting February 1, 2025, however, all healthcare professionals working under their own responsibility will be required to hold a corresponding license. The legislator justifies this obligation with the interest of patient safety. 

In the following, we address a number of practical questions in order to clarify the issue of the licensing requirement.

What does it mean to work under your own professional responsibility?

This concept is crucial in determining whether or not a licence is required. The law does not specify what is meant by "practising under one's own professional responsibility". 

The message on the Health Professions Act states that the profession is practised under one's own professional responsibility if it is not practised under the supervision of a member of the same profession. As a rule, the responsibility lies with these persons. This responsibility is not determined by the workload, the method of payment or the form of employment or self-employment. It is therefore irrelevant how the employment relationship is structured, but rather what tasks are carried out and how they are carried out. Professional responsibility also applies, for example, to health professionals who, as salaried managers, are responsible for the proper professional practice of the staff under their supervision. Ultimately, it is up to the cantonal authorities to decide on a case-by-case basis whether a health professional is exercising his or her profession under his or her own professional responsibility and therefore requires a license. 

Under what conditions do I receive a license (BAB)?

In order to obtain a license to practice, you must meet certain requirements. The law regulates this conclusively, which means that the cantons cannot go beyond these requirements. These include the relevant educational qualification (university of applied sciences or higher technical college), a clean record (criminal and debt enforcement register extract), the physical and mental guarantee for unobjectionable professional practice (certificate of good character) and, finally, you must also be proficient in the official language of the canton for which you are applying for a license.

When do I need a license (BAB)?

If you are self-employed and run your own practice, you are obliged to apply for a professional license. If you are in a managerial position and supervise the work of other health professionals, you must also apply for a professional license. If you are unsure whether or not you are solely responsible for your work, you should check with your employer first, but if in doubt, we advise you to apply for a license. It should also be noted that there are differences between the cantons. For example, the canton of Zurich has asked the Spitex institutions not to submit any further AOD applications for healthcare professionals until the implementation of the Health Professions Act has been clarified. Consequently, the cantons are taking different approaches in practice, so it is advisable to obtain information from the cantons and also from the professional associations.

What happens if I do not apply for a license?

The Health Professions Act allows the cantonal supervisory authority to order disciplinary measures in the event of violations of the Act and its implementing provisions. These include a warning, a reprimand, a fine or even a ban on practicing. It can be assumed that the lack of a license to practice the profession will be assessed for the first time with a warning and a request to obtain a professional license. 

What should I do if I work in several cantons?

If you work in several cantons, you should first apply in the canton where your company or employer is based, or alternatively in your canton of residence if you work there. As soon as you have a license, you can submit it to the other cantons and apply for a license in these cantons in a simplified procedure. However, experience shows that you must expect that other cantons will also want to check your documents again, even though the single market principle (BGBM) applies in Switzerland. This means that if you have a license in one canton, the other cantons must grant you this license using a simplified procedure. A re-check is only allowed, for example, if your language skills differ from those in the original canton.

Does my employer bear the costs for the BAB?

If you are employed, the cost of the BAB is a work-related expense. They are paid by your employer.

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