Swiss court rules no age limit to practice medicine

In 2024, 338 doctors over the age of 80 were practicing in Switzerland. Keystone / Christian Beutler

A Swiss federal court has ruled that a canton cannot set a maximum age for issuing a medical license. The Neuchâtel law, which sets a limit of 80 years, is not in compliance with federal law.

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The applicant, a doctor born in August 1944, had obtained the renewal of his authorisation to practice in April 2023. However, the canton of Neuchâtel, in application of its regulations, had limited its validity to the end of August 2024, when the person concerned would have reached the age of 80.

According to the Federal Court, this general limit is not consistent with the University Medical Professions Act (LPMéd). This text comprehensively regulates the conditions for granting a practice permit, and the cantons have only very limited room for maneuver to impose other provisions.

Unique case

Setting an age limit goes well beyond this latitude. The Second Court of Public Law also notes that Neuchâtel appears to be the only canton to provide for an absolute age limit. The Federal Court’s decision will set a precedent.

For the lawyer of the octogenarian doctor who brought the case to court, the victory is shared with the patients. “We’re talking about a renowned, highly regarded, and highly competent doctor, who has more than 1,500 patients, some of whom have mobilised to provide him with written statements about his qualities and skills,” lawyer Alexandre Zen-Ruffinen told Swiss public television RTS.

Temporary authorizations possible

The judges specified that it is permissible for cantons to issue temporary permits in order to regularly verify whether the conditions for granting them are still met. They may also require the person concerned to undergo an expert assessment.

For the Swiss Medical Association, there are sufficient measures in place to ensure the proper practice of older doctors. “Word gets around that we end up knowing if a doctor could potentially cause problems, and they are generally approached by their peers, their cantonal association, and possibly the authorities. And there are few conflict situations,” Philippe Eggimann, vice-president of the Association, told RTS.

In 2024, 338 doctors over the age of 80 were practicing in Switzerland. 

Translated from French by DeepL/jdp

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