As discussed here previously, Texas non-compete and non-solicitation agreements are alive and well and the Texas Supreme Court has made them easier to enforce. Doctors are frequently the targets of non-competes and they are legal in the state of Texas. 

The Texas Legislature has gone out of its way to set forth provisions necessary to make a non-compete enforceable against a doctor in  Section 15.50 of the Texas Business & Commerce Code. The highlights:

Patient Records/Care:  The non-compete must: (1) not deny the physician access to a list of his/her patients upon departure;  (2) provide the physician access to their patients’ medical records when authorized by the patient; and (3) the physician must not be prevented from providing treatment to an acutely ill patient.

Buy-Out Provision: The statute also requires that the non-compete provide for a buy-out of the non-compete at a reasonable price or as determined by a mutually agreed arbitrator or one chosen by the court. 


In sum – read the statute to make sure your non-compete complies with the statute, don’t play games with patient records or care, and provide a buy-out provision.