Texas Physician Non Compete Agreements: Special Requirements for Non-Competes for Texas Doctors
Special requirements must be met for a physician to be bound
by a non-compete agreement in Texas. In addition to the requirements discussed in other posts, the covenant must:
• not deny the physician access to a list of his patients whom
he had seen or treated within one year of termination of
the contract or employment
• provide access to medical records of the physician's
patients upon authorization of the patient and any copies
of medical records for a reasonable fee
• state that any access to a list of patients or to patients' medical
records after termination of the contract or employment shall not
require such list or records to be provided in a format different than
that by which such records are maintained except by mutual consent
of the parties to the contract
• provide for a buy out of the covenant by the physician
at a reasonable price or, at the option of either party,
as determined by a mutually agreed upon arbitrator or,
in the case of an inability to agree, an arbitrator of the
court whose decision shall be binding on the parties
• state that the physician will not be prohibited from
providing continuing care and treatment to a specific
patient or patients during the course of an acute illness
even after the contract or employment has been
terminated.
