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.