- Legal Basis
- § 95 Abs. 6 SGB V
- Sentencing Range
- Withdrawal of the contract-physician licence
- Summary
- Withdrawal of the contract-physician licence for a gross breach of duties.
Withdrawal of the Contract-Physician Licence (Section 95 SGB V) – Overview
Withdrawal of the contract-physician licence under Section 95(6) SGB V is the most severe response of contract-physician law – it ends participation in statutory health care and strikes at the economic basis of the practice. It generally requires a gross breach of contract-physician duties. The admission committee decides; legal recourse runs via the appeals committee to the social courts. We represent doctors nationwide in these proceedings.
When a breach is “gross”
A gross breach exists where the conduct has so lastingly destroyed the relationship of trust that continued cooperation cannot be expected – typically systematic false billing, serious repeated breaches of billing and documentation duties, or persistent, unrepentant inefficiency. An overall assessment is decisive, as is whether trust has been restored through good conduct up to the last administrative decision.
Procedure and legal protection
The admission committee decides; its decision is challenged before the appeals committee and then the social court and, on further appeal, the state social court. In North Rhine-Westphalia (NRW) these are the admission and appeals committees at the KV Nordrhein and KV Westfalen-Lippe. Where immediate enforcement is ordered, interim legal protection is often the decisive lever.
How we defend
We contest whether the breach is truly “gross”, document good conduct and the restoration of trust, insist on proportionality and milder means (disciplinary measures, conditions), seek interim protection against immediate enforcement, and coordinate with parallel criminal and Approbation proceedings, since criminal findings feed directly into the assessment.
This overview is general in nature. Decisive are Section 95 SGB V and the decisions of the competent bodies. We act nationwide.
Summons or accusation of Zulassungsentziehung im Vertragsarztrecht (§ 95 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 Zulassungsentziehung im Vertragsarztrecht (§ 95 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
Free Initial Assessment
Have you received a summons or are you under investigation? Call us – the initial assessment by phone is free for up to 10 minutes.
+49 228 504 463 36