Physician Non-Compete

Physician Non-Compete Agreement Requirements in Texas

Employers sometimes use non-compete agreements to protect their secrets and client lists and stop employees from working for their rivals. When healthcare providers hire new doctors, they might make special agreements, called physician non-compete agreements. But these rules can be stricter and have extra conditions compared to regular non-compete agreements.

Texas Requirements for Physician Non-Compete Agreements

Texas is one of the few states that allow physician non-compete agreements. To be enforceable, there are special governing requirements in place that must be met. These have been designed to protect a patient’s right to receive care by the doctor of their choice, no matter who employs the doctor.

A non-compete involving doctors is only enforceable if the following criteria are recognized:

  • It can’t stop a doctor from keeping a list of their patients they have treated within one year of when the patient left the practice.
  • It must provide a doctor with access to medical records for a patient they have treated in the year before the patient left the practice.
  • The lists and records must be given to the doctor in the same way the medical practice usually keeps them.
  • It must allow the doctor to continue treating any of her patients with urgent health problems even after their contract or employment has ended.
  • It must allow the doctor to buy out of the agreement.

Texas has created these special requirements for medical professionals and their patients because the stakes are often higher, which means extra protections must be applied.

Additionally, there are general requirements that must be met for the agreement to be enforceable. The first includes being part of an otherwise enforceable agreement and ensuring fairness and specific limits in the range, geographic area, and time period.

Our Experienced Health Care Business Attorneys Can Help Drafting doctor non-competes can be a complex process that involves both state and federal laws and special matters. As such, doctors and medical practices entering this type of agreement should consult with a skilled health care business attorney to ensure that the enforceable contract protects all parties involved. Contact one of our attorneys at Dike Law Group and schedule a meeting so we can discuss at

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