Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB385 Introduced / Bill

                    SLS 22RS-511	ORIGINAL
2022 Regular Session
SENATE BILL NO. 385
BY SENATOR MORRIS 
CONTRACTS.  Restricts non-competition agreements involving physicians. (8/1/22)
1	AN ACT
2 To enact R.S. 37:1303, relative to medical practice by physicians; to prohibit contracts
3 restricting certain primary care physicians from practicing medicine; to provide
4 relative to physicians terminated without cause by an employer; to authorize certain
5 restrictions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 37:1303 is hereby enacted to read as follows:
8 ยง1303. Contracts restricting the practice of medicine by a primary care
9	physician; prohibited
10	A. Notwithstanding any provision of law to the contrary, no contract,
11 agreement, or other provision of employment shall restrict the practice of
12 medicine by a licensed primary care physician except as provided in this
13 Section.
14	B. The provisions of this Section shall not apply to a primary care
15 physician whose contract of employment or other contract relationship has been
16 terminated for just cause.
17	C. No contract or agreement shall restrict a primary care physician from
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. 385
SLS 22RS-511	ORIGINAL
1 practicing medicine within a restricted geographic region for more than one
2 year from the date of termination of the contract or agreement of employment.
3	D. As used in this Section, the following terms or phrases are defined as
4 follows:
5	(1) "Primary care physician" means a licensed medical physician
6 practicing family medicine, general internal medicine, general psychiatry,
7 general pediatrics, obstetrics, or gynecology.
8	(2) "Restricted geographic region" means the parish in which the
9 primary care physician's office is physically located and shall include one
10 contiguous parish which borders the parish in which the primary care
11 physician's office is located.
12	E. Any contract or agreement in violation of the provisions of this
13 Section is against public policy and shall be null, void, and unenforceable.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
SB 385 Original 2022 Regular Session	Morris
Proposed law prohibits certain employment and other contracts restricting the practice of
medicine by a licensed primary care physician unless the primary care physician's contract
employment or relationship is terminated for just cause.
Proposed law provides that no contract or agreement can restrict a primary care physician
from practicing medicine within a restricted geographic region more than one year from the
date of termination.
Proposed law defines the following terms:
(1)"Primary care physician" means a licensed medical physician practicing family
medicine, general internal medicine, general psychiatry, general pediatrics,
obstetrics, or gynecology.
(2)"Restricted geographic region" means the parish in which the primary care
physician's office is physically located and includes one contiguous parish which
borders on the parish in which the primary care physician's office is located.
Proposed law provides that contracts or agreements in violation of proposed law are against
public policy and are null, void, and unenforceable.
Effective August 1, 2022.
(Adds R.S. 37:1303)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.