Among states where non-competition of doctors is unenforceable or severely restricted: last summer, after a decade of crises and beginnings, and just minutes before the end of the 2018 legislature, Massachusetts`s legislature finally passed a sweeping competition reform that came into effect on October 1, 2018. It had almost become a sport that observed what Parliament would do at the end of each year with this year`s version of the reform of the non-competition clause, ranging from all prohibitions to the mere codification of the common law. (For a summary of the many twists and turns over the years, here are just a number of blogs on the subject) Since agreements on the absence of non-competition by physicians may restrict patients` right to treatment by the physician of their choice, there is generally a case that expects a non-competition agreement to harm the public. There may be cases where the application of a non-competition agreement could lead to a shortage of physicians in a given field or discipline. Or it could prevent a patient from being able to continue treatment without interruption. This type of negative effect is even recognized and addressed in the American Medical Association Code of Medical Ethics. Whether a non-competition agreement applies to medical assistants, nurses or therapists is a factual test. Valley Medical Specialists v. Farber, 982 pp. 2d 1277, 1281 – (Ariz.
1999) To see if you have an enforceable non-compete clause, you should meet with a lawyer who regularly executes these types of competition contracts. The Ethics and Justice Council maintains and updates WADA`s medical code. Opinion 18.104.22.168 addresses the issue of physician alliances – non-competitive – which states that employers who wish to enforce induitable agreements on the part of physicians must be able to prove that they have a protective commercial interest that goes beyond the desire to evade competition. In medical practices, such interest may result from proprietary techniques, investments in professional or specialized training of physicians and the protection of goodwill and established client relationship. Alliances that do not compete limit competition, can undermine continuity of care and limit access to care. Such an agreement can serve as a deterrent preventing a physician from leaving his current employer or current practice and joining another practice or creating a competing practice. However, if the scope of the competition agreement is limited to the same sub-specialty as the former employer, these agreements have been applied. See also Leiboff v. Paleaz, 249 A.D.2d 497, 671 N.Y.S.2d 336 (1998).
Our non-compete lawyers in New York will explain what you need to know. Please contact our firm at (503) 445-3584. Negotiating an employment contract can be complicated, especially in the health field. Individual medical assistants and employers should be confident of using the time and effort to reach an appropriate work agreement, both to ensure compliance with Virginia law and to facilitate an effective relationship in the workplace. A bill to prevent the application of non-compete agreements in physician employment contacts in the health sector has been introduced in the Pennsylvania House of Representatives. Rep. Torren Ecker sponsored the Law – House Bill 2636 – which was referred to the House Professional Licensure Committee on June 29, 2020.