- Legal Basis
- § 81 Abs. 5 SGB V
- Sentencing Range
- Warning, reprimand, fine up to €50,000, suspension of licence up to 2 years
- Summary
- Disciplinary measures of the SHI association for breaches of contract-physician duties.
Disciplinary Proceedings of the Association of SHI Physicians (Section 81 SGB V)
Contract physicians who breach their contract-physician duties must expect disciplinary proceedings by their Association of Statutory Health Insurance Physicians (KV). The basis is Section 81(5) SGB V. The measures range from a warning through a reprimand and a fine of up to €50,000 to the suspension of the licence for up to two years. We represent doctors nationwide in these proceedings.
When disciplinary measures apply
The trigger is a culpable breach of contract-physician duties – for example persistent inefficiency, breaches of billing and documentation rules, or disregard of duties of presence and emergency service. In North Rhine-Westphalia (NRW) there are two associations – the KV Nordrhein and the KV Westfalen-Lippe – each with its own disciplinary regulation.
Available measures
Section 81(5) SGB V provides an exhaustive catalogue that cannot be restricted or extended by statute: warning, reprimand, fine up to €50,000, and suspension of the licence or of contract-physician participation for up to two years. Several measures may be combined; the suspension is the most severe as it temporarily removes participation in SHI care.
How we defend
We examine whether a duty was actually breached and culpably so, insist on proportionality, use procedural errors (inadequate hearing, defects in reasoning, errors of discretion), and seek interim legal protection where a suspension threatens the practice. We coordinate the defence with any parallel criminal or professional-court proceedings. Legal recourse lies to the social courts.
This overview is general in nature. Decisive are Section 81(5) SGB V and the disciplinary regulation of the respective association. We act nationwide.
Summons or accusation of Disziplinarverfahren der Kassenärztlichen Vereinigung (§ 81 SGB V)? What matters now
Make no statement to the police at first
As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.
File inspection comes first
A sound defense against the allegation of Disziplinarverfahren der Kassenärztlichen Vereinigung (§ 81 SGB V) requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.
Possible discontinuation of proceedings
Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.
Victim-offender mediation and restitution
In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.
What we do after reviewing the file
We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.
Available 24/7: +49 228 504 463 36
This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.
What to do now
Act now: Police summons – how to respond, Penalty order – check the deadline
Court: Proceedings at Bonn Local Court
Emergency help: Summons, House search, Detention
Local defense: Criminal defense attorney in Bonn, Cologne, All offences
Why choose BAFTEH Criminal Defense?
- Direct contact with your defense attorney – no intermediaries
- Available around the clock, including nights and weekends
- Fast file inspection and a clear defense strategy
- Focused exclusively on criminal law
- Defense in Bonn, Cologne and the entire region
Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.
More about the attorney →Last updated: July 2026
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+49 228 504 463 36