TITLE 5
Businesses and Professions

CHAPTER 5-37
Board of Medical Licensure and Discipline

SECTION 5-37-33


§ 5-37-33 Restrictive covenants.

(a) Any contract or agreement that 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 that includes any restriction of the right of such physician to practice medicine 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) of this section 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 the termination of such partnership, employment, or professional relationship; and

(2) The right of such physician to provide treatment, advise, consult with, or establish a physician/patient relationship with any current patient of the employer; and

(3) The right of such physician to solicit or seek to establish a physician/patient relationship with any current patient of the employer.

(c) Notwithstanding the foregoing, the prohibition on physician covenants shall not apply in connection with the purchase and sale of a physician practice, provided the restrictive covenant and/or non-compete covenant is for a period of a time of no more than five (5) years.

History of Section.
(P.L. 2016, ch. 449, § 1; P.L. 2016, ch. 450, § 1.)