ENROLLED
2021 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 125
BY REPRESENTATIVE WRIGHT
A CONCURRENT RESOL UTION
To authorize and direct the House Committee on Commerce, or a subcommittee thereof, and
the Senate Committee on Commerce, Consumer Protection, and International
Affairs, or a subcommittee thereof, to meet and to function as a joint committee to
study the role and effects of noncompetition agreements relative to physicians in the
state and to report the findings of the joint committee to the legislature prior to the
convening of the 2022 Regular Session of the Legislature of Louisiana.
WHEREAS, as a matter of public policy, Louisiana has demonstrated a long-held
position limiting noncompetition agreements; and
WHEREAS, noncompetition agreements prohibit an individual from competing in
a designated geographical area for a specified period of time; and
WHEREAS, noncompetition agreements are enforceable against physicians; and
WHEREAS, enforcement of noncompetition agreements relative to physicians may
limit the freedom of patients to choose their treating physician; and
WHEREAS, noncompetition agreements may exacerbate physician shortages in
many Louisiana parishes; and
WHEREAS, hospitals and physician-owned clinics find value in noncompetition
agreements as these limiting agreements protect investments in employees and the services
those employees provide to their patients; and
WHEREAS, physicians gain new knowledge, learn new skills, and build their
reputation while in practice; and
WHEREAS, noncompetition agreements may encourage retention and deter
employed physicians from leaving their current practices; and
WHEREAS, according to the 2018 American Medical Association economic impact
study, physicians bring economic prosperity to communities through more than one hundred
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thousand jobs, more than nineteen million dollars in economic activity, more than six
hundred million dollars in state and local tax revenue, and nearly nine billion dollars in
wages and benefits; and
WHEREAS, the interest on both sides of noncompetition agreements for physicians
need to be better understood in order to effectively legislate and regulate concerns arising
from these types of restrictive agreements.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
direct the House Committee on Commerce, or a subcommittee thereof, and the Senate
Committee on Commerce, Consumer Protection, and International Affairs, or a
subcommittee thereof, to meet and to function as a joint committee to study various aspects
of noncompetition agreements relative to physicians in the state and to report the findings
of the joint committee to the legislature prior to the convening of the 2022 Regular Session
of the Legislature of Louisiana.
BE IT FURTHER RESOLVED that the Legislature of Louisiana further directs the
joint committee to solicit input, information, data, recommendations, and advice from the
following persons, agencies, and organizations:
(1) Louisiana Children's Medical Center.
(2) Louisiana Department of Health.
(3) Louisiana Hospital Association.
(4) Louisiana State Medical Society.
(5) Physicians currently employed by public universities in the state.
(6) Physicians currently practicing medicine in the state.
(7) Representatives from the Cardiovascular Institute of the South.
(8) Representatives from the Louisiana Orthopaedic Association.
(9) Representatives from Ochsner Health.
(10) Representatives from Our Lady of the Lake Regional Medical Center and its
affiliated campuses.
(11) Representatives of physician-owned clinics in the state.
(12) Representatives of Willis-Knighton Medical Center.
(13) The Rural Hospital Coalition of Louisiana.
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(14) Any persons, agencies, entities, or stakeholders that the joint committee deems
necessary to fulfill its purposes.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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