Questions for the Experts

As members of the SAoO, you have the opportunity to contact our experts directly with any questions you may have.
Please use the following email addresses:
Legal inquiries to Dr. Gregori Werder at law@saoo.ch
For questions about TARDOC, visit tardoc@saoo.ch
as well as questions regarding health insurance at hci@saoo.ch.

You can now find the latest answers to questions of general interest in every newsletter under the new category Questions for the Experts.

Question 1: Can an inability to drive be reported?
In general, physicians are bound by medical confidentiality in all their professional activities. This does not apply if they are released from this obligation by their patient or by the cantonal supervisory authority. In addition, the legislature may directly provide for exceptions to medical confidentiality. Article 15d(3) of the Road Traffic Act (SVG) provides, with regard to unfitness to drive, that a physician is released from medical confidentiality in connection with reports that a person is unable to safely operate motor vehicles due to a physical or mental illness, a disability, or an addiction. He may report this directly to the competent cantonal road traffic authority or to the supervisory authority for physicians.

Question 2: Are non-compete clauses in employment contracts permissible for doctors?
In professions where the personal relationship between employees and clients is of particular importance, non-compete clauses are generally not permitted. Given the critical importance of the relationship of trust between doctor and patient, this applies specifically to physicians as well. It is also important to note that a non-compete clause restricts patients’ freedom to choose their doctor.

Question 3: Are kickbacks permitted?
Kickbacks are not permitted for various reasons. Of particular note is the requirement to disclose benefits under health insurance law. For example, if a doctor receives a payment from a laboratory in exchange for using its services, this is considered such a benefit and must be deducted from the cost of treatment.