Introduction

Texas has long permitted non-compete agreements, including those involving physicians, so long as they meet certain statutory requirements. However, in recent years, several court rulings and legislative developments have tightened how these clauses can be written and enforced especially to balance the interests of healthcare professionals and patient care continuity.

Understanding Physician Non-Competes

A physician’s non-compete is enforceable only if covenant complies with 1(a) (b) (c), 2, 3, 4(a) (B) (C).

Recent case law and Texas Medical Board guidance emphasize that any clause preventing physicians from treating patients with ongoing conditions or during emergencies may be void as contrary to public policy.

Practical Implications

Physicians should review new employment offers carefully. Employers must ensure that their contracts comply with updated standards to avoid unenforceable provisions or regulatory complaints.

At Burns & Black, PLLC, we help both physicians and medical employers draft and review non-compete agreements, ensuring compliance while protecting business interests and patient care obligations.

Disclaimer: 
The foregoing blog is intended to be for general information only and not specific legal advice.  All readers agree that no attorney-client relationship is intended or established by reading the blog. For specific legal advice, all readers must contact their own attorney or the State Bar of Texas Lawyer Referral and Information Service (LRIS).