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. Meanwhile, other states, such as Nebraska, do not have a national law on the rights of nurses under a non-compete clause and rely heavily on «common sense requirements.» Here too, not only does each state have its own rules, and each court will apply those rules in accordance with its jurisprudence. Utah, Idaho, Wisconsin and South Dakota, to name a few, have recently been the subject of legislative or judicial proceedings that have made it more difficult to enforce a non-compete clause. A court struck down an agreement because it found that the non-competition obligations it contained were not narrow enough to limit only the activity necessary to protect the legitimate business interests of the employer. Instead of reforming these provisions in «blue pencils» (reformer) to make the physician`s ability to support himself less difficult, the court simply invalidated the agreement. A common thread that runs through all states that impose non-competition bans is that disputes over these agreements can be costly and tedious. In an effort to ensure continuity of patient care, Texas will impose non-competitive agreements with physicians only if they meet three requirements. They must allow a physician to have access to a list of patients seen within one year of separation and to have access to medical records, include an «appropriate» redemption option and not prohibit the physician from caring for a patient during an acute illness, even after the doctor`s dementia service. Of course, competition bans can do what WADA discourages.

In particular, they may prevent a physician from practising in a specified geographic area for a specified period of time after the termination of his employment contract. The key question is when will such provisions become unreasonable? The analysis becomes even more complex when the unique link between patients and their physicians is taken into account. After all, most patients feel loyal, not a hospital, clinic or medical group.