2015 -- H 5379 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

     Introduced By: Representatives Ajello, and Corvese

     Date Introduced: February 11, 2015

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 5-37 of the General Laws entitled "Board of Medical Licensure and

Discipline" is hereby amended by adding thereto the following section:

     5-37-33. Restrictive covenants. -- (a) Any contract or agreement which creates or

establishes the terms of a partnership, employment, or any other form of professional relationship

with a physician licensed to practice medicine pursuant to this chapter which includes any

restriction of the right of such physician to practice medicine that exceeds a five (5) years period

of time shall be void and unenforceable with respect to said restriction; provided, however, that

nothing herein shall render void or unenforceable the remaining provisions of any such contract

or agreement.

     (b) Restrictions rendered void under subsection (a) herein shall include, but shall not be

limited to, the following:

     (1) The right to practice medicine in any geographic area for any period of time after five

(5) years from the date of termination of such partnership, employment, or professional

relationship; and

     (2) The right of such physician to provide treatment, advise, consult with, establish, or

seek to establish a physician/patient relationship, with any current patient of the employer;

provided, however, that such contract or agreement may contain such restriction within the first

five (5) years of employment.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

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     This act would render restrictive covenants in employment agreements with physicians,

that exceed a five (5) years period of time, void and unenforceable.

     This act would take effect upon passage.

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