Texas Senate Bill SB1713

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/24/09
• Voted on by Senate: 4/30/09
• Out of House Committee: 5/12/09

Caption

Relating to covenants not to compete by physicians.

Impact

The legislation aims to impact the existing framework governing non-compete clauses for physicians. It mandates that such covenants include provisions allowing for a buyout option at a reasonable price and assures that physicians can continue providing care to specific patients during acute illness, even after their employment ends. By focusing on patient care and access to medical records, the bill attempts to safeguard patient interests while defining the enforceability of non-compete clauses among medical professionals.

Summary

SB1713, relating to covenants not to compete by physicians, seeks to amend the Business and Commerce Code in Texas. The bill outlines specific requirements for enforceable non-compete agreements, particularly emphasizing the need for physicians to maintain access to patient information post-employment. Physicians will not be denied access to their patients' lists or medical records, providing they have proper authorization. These regulations aim to secure continuity of care and protect patients’ rights to their medical history.

Contention

Notable points of contention surrounding SB1713 include the balance between protecting physicians' rights and ensuring patient access to care. While proponents argue that the bill will prevent physicians from being unduly restricted in their practice post-employment, opponents may raise concerns about the potential for abuse in enforcement or overly broad interpretations of non-compete agreements, leading to challenges in medical staffing and competition in healthcare markets. The proposed changes to the existing law reflect a shift towards greater patient-centered considerations in legislative practices concerning employment agreements in the medical field.