SLS 19RS-403 ENGROSSED
2019 Regular Session
SENATE BILL NO. 177
BY SENATORS WHITE AND CLAITOR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PHYSICIANS. Provides relative to prohibited restraint of certain professions. (8/1/19)
1 AN ACT
2 To enact R.S. 23:921(M), relative to prohibited restraint of certain professions; to provide
3 for prohibited contract provisions; to provide for protected professions; to provide
4 for definitions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 23:921(M) is hereby enacted to read as follows:
7 ยง921. Restraint of business prohibited; restraint on forum prohibited; competing
8 business; contracts against engaging in; provisions for
9 * * *
10 M.(1) Notwithstanding any provision herein to the contrary, no contract,
11 agreement or provision thereof shall be enforceable to restrict any physician,
12 advanced practice registered nurse, nurse practitioner, or physician assistant
13 from practicing, upon termination of employment or independent contractor
14 agreement, who has practiced in their field for a five-year continuous period
15 with the same employer or affiliate in the same community while subject to a
16 noncompete or nonsolicitation agreement.
17 (2) For purposes of this Subsection, the following meanings shall apply:
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 177
SLS 19RS-403 ENGROSSED
1 (a) "Physician" is as defined in R.S. 37:1262.
2 (b) "Advanced practice registered nurse," and "nurse practitioner" is
3 as defined in R.S. 37:913.
4 (c) "Physician assistant" is as defined in R.S. 37:1360.22.
5 (d) "Community" means the same geographical area of prohibition as
6 contained in that particular physician noncompete or nonsolicitation contract,
7 agreement or provision thereof.
The original instrument was prepared by Christine Arbo Peck. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Morgan B. Robertson.
DIGEST
SB 177 Engrossed 2019 Regular Session White
Present law prohibits contracts or agreements which restrain anyone from exercising a lawful
profession, trade, or business of any kind, unless specifically exempt by present law.
Proposed law retains present law and prohibits noncompete and nonsolicitation contract
clauses that restrict any physician, advanced practice registered nurse, nurse practitioner, or
physician assistant from practicing, upon termination of employment or independent
contractor agreement, for a five-year continuous period with the same employer or affiliate
in the same geographical area.
Effective August 1, 2019.
(Adds R.S. 23:921(M))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs
1. Deletes the category "nurse".
2. Revises provisions relative to agreement.
3. Makes technical corrections.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.