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House of Representatives
Session of 2019 - 2020 Regular Session


Posted: February 6, 2020 09:35 AM
From: Representative Torren C. Ecker
To: All House members
Subject: Ban on Non-Complete Agreements for Health Care Practitioners
In the near future, I will be introducing legislation which will prevent the use of non-compete agreements in health care practitioner’s employment contracts. This legislation was previously HB 788 of the 2017-18 legislative session.

My legislation would deem any non-compete language in an employment agreement for a health care practitioner to be against public policy. I have heard from health care professionals, who have spent large sums of money on their education and training that they cannot continue to provide care for their patients simply because they have changed employers. In addition, many of these non-compete agreements contain geographic limitations in which the health care practitioner may seek new employment. With the increase in health system consolidations across the Commonwealth, this limitation may severely limit where a health care practitioner may go. These disruptions in care harm patients, stifles continuity of care by hampering patients’ abilities to continue to see the practitioners of their choosing, and results in more health care costs across the state.

The legislation would allow health care practitioners to alert their patients to the new affiliation and allow the patient the option to follow the health care provider to the new location. It would not apply to any additional services provided by the individual outside their scope of practice or to trade secrets or confidential information learned through the course of the prior employment.

If you have any questions or concerns on this legislation, please Joani Harlan at jharlan@pahousegop.com. Thank you.

Introduced as HB2636