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Can a Health Care Professional be Held to a Non Compete?

Massachusetts law specifically exempts physicians, registered nurses, and psychologists from non compete agreements.  These provisions are intended to protect a patient's freedom of choice in their health care providers.

Curiously, however, the same statute includes licensing and other provisions covering a much broader range of health care professionals, but does not provide a similar exemption for the others.  A recent decision in the federal court in Boston denied a motion to dismiss a non compete claim against a chiropractor, for example.  Rather than extending the same principal (patient freedom of choice) to other health care providers, the court relied on the absence of a specific exemption in the law for chiropractors.  

This still leaves open the question of whether other health care professionals can be held to a non compete- the decision above was a trial court decision on a motion very early in the case, and therefore does not control how another judge may look at the issue.

Even if exempt from a non compete, a health care professional may still be held to other provisions in an employment contract, such as nondisclosure and non-solicitation clauses.

Learn more here about non-compete agreements in Massachusetts.

Need Help With a Non Compete Question?

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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact