A proposal moving through the Virginia General Assembly would ban noncompete agreements for doctors, nurses and other licensed health care professionals, a change supporters said could help keep clinicians in communities that are already facing shortages.
Noncompete clauses that limit where a clinician can work after leaving a job, particularly preventing them from going to work for local competitors, have become routine language in many health care contracts.
Under the measure, employers could no longer enforce noncompete clauses with health care professionals licensed, registered or certified by state regulatory boards.
If violated, employers could face a civil penalty of $10,000 for each violation.
Bill patron Sen. Schuyler VanValkenburg (D-Henrico) began working on the proposal after hearing from medical professionals who felt trapped by restrictive contracts.
“We’re taking a highly mobile workforce where we already have a shortage and telling them if they want to move on professionally, they have to go to another state,” VanValkenburg said. “That doesn’t help Virginia.”
Virginia already bars noncompetes for certain low-wage employees, such as interns and trainees. This bill would extend similar protections to licensed health care workers.
Christina Mutch, a primary care physician in Williamsburg who previously worked for large corporate health systems, said noncompetes are nearly universal in medical contracts.
Some restrict doctors or nurses from working within seven miles of their former employer. Others stretch 60 miles and last up to two years.
Mutch said some physicians relocate entirely; others drive an hour or more each way so their families do not have to move. In some systems, doctors are not allowed to tell patients where they are going next, so patients must either stay within the same health system or search for a new provider on their own.
“That is criminal. So, I'm very excited that there's a law potentially stopping this,” she said. “Things can get missed or slip through the cracks when they're trying to transfer care.”
Alysia Pack, president of the Virginia Council of Nurse Practitioners, said a 10-mile restriction can effectively block access to care in regions like Hampton Roads.
Bridges and tunnels can turn a short distance into a significant barrier, especially for rural communities across the water.
“71% of localities have a shortage of primary care providers, which is basically where nurse practitioners practice,” Pack said. “We need care here, and we need it now, and we don't need limitations to it.”
Sentara, one of the largest health care systems in the state, pushed back on the proposal, saying that noncompetes help protect investments in recruiting and training clinicians and prevent competitors from poaching experienced staff.
“Changes to existing laws that permit the use of noncompete agreements could destabilize access to critical medical services and make health care less affordable for patients, particularly in rural regions of the Commonwealth,” said Sentara Spokesperson Michael Kafka in a statement.
VanValkenburg said employers would still have other options. The bill permits provisions requiring clinicians to repay relocation expenses or signing bonuses if they leave early. It also does not affect nondisclosure agreements or limits on actively soliciting patients.
“There are other ways to protect an employer’s interests without preventing someone from practicing their profession,” he said.
The proposed bill does not spell out specific criteria or limits for repayment clauses, which both Mutch and Pack said could leave room for ambiguity.
Mutch said without clearer guardrails, health systems could attempt to define “training” or “recruitment” costs broadly, potentially creating financial barriers that function much like a noncompete.
Pack said any repayment terms should be clearly defined and negotiated in the individual’s employment contract.
Matthew Nieman, a Washington, D.C. lawyer specializing in labor law, said some health care workers may already be covered under current Virginia law.
The state expanded the definition of “low-wage” last year in it's existing ban on noncompetes for low-wage employees. It now applies to workers earning just under $80,000 a year.
That means some clinicians who make less than that amount may already be protected from having noncompete agreements enforced, Nieman said, even if the new bill does not pass.
If it does, the measure would apply to contracts signed or renewed after July 1, 2026.
