Non-compete clauses in work agreements disproportionately impact the medical field. They are common in physician contracts, and the result can be a problem with access to care. In Texas where I live, they may not hold up in court because we are a “right to work” state, but doctors don’t want expensive court battles just to prove a point. Recently, the Federal Trade Commission (“FTC”) unilaterally issued a Proposed Rule to ban non-compete clauses in employment contracts. The comment period is open through Mar 10, 2023, so if you feel strongly about this – you have a little less than a month to make a comment. It appears that this is a very controversial issue, with nearly an even split between the sides.
I suggest you read attorney Knicole Emanual’s blog post and the previous one on this topic before making a comment. I can see both sides to the argument but my primary concern is patient access to care and it’s a sad situation when a patient is not able to see the doctor who has cared for them because the practitioner found it necessary to leave an institution and is now restricted in some way from providing care at another location nearby.
Check out what Ms. Emanual has to say about this topic, and comment to the FTC if you have an opinion.