Tennessee Legislature Considers Amending Tenn. Code Ann. Sec. 63-1-148 to Exempt Primary Care Physicians from Non-Competes

In Murfreesboro Medical Clinic, P.A. v. Udom, the Tennessee Supreme Court banned noncompete agreements between physicians and their private employers.  The Legislature responded by enacting Tenn. Code Ann. 63-1-148, which allows physician noncompetes in some situations. As enacted, Tenn. Code Ann. 63-1-148 exempts emergency physicians from being restricted by noncompetes.  The Legislature is considering adding primary care physicians to the list of physicians that may not be restricted by noncompetes. The following status of the proposed legislation was provided by the Tennessee Bar Association:

SB 0110 Johnson J. HB 0031 Casada

Covenant not-to-compete exemption: primary care physicians. Exempts primary care physicians, in addition to emergency medicine physicians, from covenants restricting rights to compete. (S: Johnson J.; H: Casada) Senate Status: Referred to Senate General Welfare. House Status: Referred to House General Subcommittee of Health & Human Resources.