suspension of the medical licence

When can suspension be ordered?

§ 6(1) of the Federal Medical Act lists five grounds. First, if criminal proceedings have been initiated against the physician on suspicion of a criminal offence from which his or her unreliability or unworthiness may follow. Second, if medical fitness to practise has subsequently lapsed. Third, if there are doubts as to this fitness and the physician refuses an ordered official or specialist medical examination. Fourth, if it becomes apparent that the required knowledge of the German language is lacking. Fifth, if there is no adequate professional liability insurance, where state or professional law provides for compulsory insurance.

How does suspension differ from revocation?

Suspension is an interim solution; revocation of the licence is the end. With suspension, the licence as a legal position remains intact — only its exercise is blocked. Suspension is typically ordered during ongoing criminal proceedings where the outcome is still uncertain but the protection of patients calls for immediate action. If the grounds cease to exist — for example through acquittal or successful treatment — the authority lifts the order. The practice of a physician whose licence is suspended may be continued by another physician for a transitional period so that patient care is not interrupted.

What does this mean for doctors with a foreign qualification?

The ground of insufficient language skills also affects graduates from Bulgaria, Romania, Hungary, or Croatia whose degree was automatically recognised under Article 21 of Directive 2005/36/EC. If clinical practice shows that communication with patients is insufficient, the licensing authority can act, even though the diploma is undisputed. Those who wish to continue working in this situation generally need proof of the specialist language examination, and months can pass before the next examination date. Suspension is frequently declared immediately enforceable, meaning that an objection has no suspensory effect.

Common misconceptions

Suspension is not a punishment but a measure to avert danger. Nevertheless, the economic impact is severe, as employment as a physician is excluded during this period. The prospects of legal remedies depend on the individual case and legal advice.