Physician NonCompete Agreements Require Particular Provisions

A non-compete clause for physicians requires adherence to certain criteria to be effective in Texas. Texas has a state law applicable to physician noncompete agreements.  

  •  A physician noncompete must not impinge on a doctor's access to a list of his/her patients upon his/her departure
  • The departing doctor must have access to the patients' records when authorized by the patient
  • The physician must not be prevented from providing treatment to an acutely ill patient  
  • The agreement must provide for a "reasonable" amount for a buy-out clause, or allow an arbitrator to make a decision on a reasonable amount 

See Texas Business & Commerce Code Sec. 15.50 for additional information.   

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Dan Frith - October 7, 2010 1:00 PM

Good post! I agree that physicians have different considerations when it comes to the legality and enforceability of non-compete contracts.

We write about how these issues are resolved under Virginia law at our blog, The Virginia Non-Compete Law Blog at: http://virginianoncompete.blogspot.com/

Just enter a search for "physician" and you will be directed to numerous blogs dealting with doctors and non-competes under Virginia law.

Dan

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