Texas 2023 - 88th Regular

Texas Senate Bill SB1534

Filed
3/3/23  
Out of Senate Committee
4/24/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to restrictions on covenants not to compete for physicians and certain other health care practitioners.

Impact

The bill introduces several notable provisions, such as limiting the geographical restrictions based on urban and rural classifications—allowing for a five-mile radius in densely populated areas and a ten-mile radius in less populated areas. Furthermore, the buyout provision stipulates that a physician can buy out a non-compete clause for an amount not exceeding their annual salary at the time of contract termination. The bill aims to balance the interests of employers and employees while addressing the implications for patient access to care, which are frequently hampered by overly restrictive non-compete agreements.

Summary

Senate Bill 1534 aims to modify the enforcement of non-compete clauses for physicians and certain healthcare practitioners in Texas. This legislation establishes specific guardrails around these clauses, which often restrict a healthcare provider’s ability to practice in a defined geographical area after leaving employment. By addressing these restrictions, the bill seeks to ensure that patients have continued access to necessary medical care, especially in regions where healthcare providers might be scarce. The proposed changes include implementing limits on how far a physician can be restricted from practicing, as well as ensuring the conditions for these clauses are fair and reasonable.

Sentiment

Sentiment surrounding SB1534 appears to be generally supportive among healthcare advocates and practitioners, particularly citing its potential benefits for patient care. Many proponents argue that the bill is a necessary step towards creating a fairer work environment for healthcare professionals, ensuring they are not unduly penalized for changing jobs, which in turn assists in maintaining a steady healthcare workforce. However, there are concerns from some stakeholders regarding the possible impact on healthcare institutions' ability to secure their investments in workforce training and retention.

Contention

Points of contention include the balance between the need to protect patient care and the rights of employers to uphold their contracts. While many in the medical community appreciate the changes, some opposition has been raised, particularly from hospital associations that argue the historical respect for contract negotiations could be undermined. The ultimate effectiveness of SB1534 will depend on how it is implemented and whether it fulfills its intended purpose of improving healthcare access while still providing fair contract conditions for employers.

Companion Bills

TX HB3411

Identical Relating to restrictions on covenants not to compete for physicians and certain other health care practitioners.

Similar Bills

TX HB2098

Relating to the authority of physicians and physician assistants to form certain entities.

NV AB170

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TX HB4352

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NM HB267

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OK HB2051

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TX SB1331

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TX HB2556

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TX HB1685

Relating to the licensing and regulation of physician graduates and the authority of an insured to select a physician graduate under the insured's health insurance policy; requiring an occupational license; authorizing fees.