Chapter 449
2016 -- H 7586 SUBSTITUTE A
Enacted 07/12/2016

A N   A C T
RELATING TO BUSINESSES AND PROFESSIONS - BOARD OF MEDICAL LICENSURE AND DISCIPLINE

Introduced By: Representatives Ajello, Corvese, Kazarian, Naughton, and Messier
Date Introduced: February 11, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Chapter 5-37 of the General Laws entitled "Board of Medical Licensure and
Discipline" is hereby amended by adding thereto the following section:
     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.
     SECTION 2. This act shall take effect upon passage.
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LC004667/SUB A/2
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