W. Va. Code §§ 47-11E-1 through 47-11E-5: Physicians Freedom of Practice Act – West Virginia

Status: Enacted
Year Enacted: 2017
File: Download

A covenant not to compete contained in a contract between a physician and an employer shall be limited to not more than: (1) One year in duration; and (2) Thirty road miles from the physician’s primary place of practice with the employer. (b) A covenant not to compete shall be void and unenforceable upon the termination of the physician’s employment by the employer.

The law also specifically permits non-solicitation clauses for patients of the former employer and exempts non-competes if the physicians is selling his or her business interests or is a shareholder or partner of the a health care practice.

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