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BILL AS INTRODUCED 2007-2008

Introduced by

H.851

Introduced by   Representatives Keenan of St. Albans City, Baker of West Rutland, Chen of Mendon, Deen of Westminster, Head of S. Burlington, Heath of Westford, Howrigan of Fairfield, Hunt of Essex, Hutchinson of Randolph, Johnson of South Hero, Keogh of Burlington, Larson of Burlington, Manwaring of Wilmington, Martin of Wolcott, McCormack of Rutland City, McCullough of Williston, Milkey of Brattleboro, Miller of Shaftsbury, Minter of Waterbury, Moran of Wardsboro, Morley of Barton, Mrowicki of Putney, Orr of Charlotte, Pugh of S. Burlington, Shand of Weathersfield and Trombley of Grand Isle

Referred to Committee on

Date:

Subject:  Professions and occupations; physicians; restrictive covenants

Statement of purpose:  This bill proposes to prohibit covenants which would restrict the right of a physician to practice medicine in this state in any geographic area or for any period of time.

AN ACT RELATING TO RESTRICTIVE COVENANTS ON THE PRACTICE OF MEDICINE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  26 V.S.A. § 1315 is added to read:

§ 1315.  RESTRICTED COVENANTS; PROHIBITED

(a)  Any contract or agreement that creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a physician licensed to practice medicine pursuant to this chapter or chapter 33 of this title that includes any restriction of the right of such physician to practice medicine in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to such restriction.

(b)  Nothing in this section shall render void or unenforceable the remaining provisions of such contract or agreement.

(c)  Nothing in this section shall prohibit the inclusion of reasonable covenants not to compete in contracts creating exclusive relationships between subspecialty physicians and hospitals.

(d)  Nothing in this section shall prohibit hospital land leases from specifying or limiting activities permitted on land leased to physicians.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us