Physician noncompete laws by state: where things stand in 2026

Is there a federal ban?

No. A federal court set aside the Federal Trade Commission's 2024 noncompete rule in Ryan LLC v. FTC. On September 5, 2025, the FTC voted 3–1 to dismiss its appeals and accept that ruling. In the FTC's own words, “the district court found that the FTC does lack the authority, and prohibited enforcement of the Rule” (FTC, 2025).

Health care is still on the FTC's radar. On September 10, 2025, the FTC Chairman sent warning letters to health care employers and staffing companies and opened a public inquiry, stating that “these restrictions can unreasonably limit healthcare professionals' employment options and thereby limit patients' choices” (FTC, 2025). The FTC now acts case by case. For physicians, the law that decides whether a noncompete holds is state law.

State-by-state table

States with physician-specific or broad noncompete limits, as of September 29, 2026. Sources: (Seyfarth Shaw, 2026), cross-checked against (AMA, 2025); Florida from (HealthLawRx, 2025). A state that is not listed is not necessarily permissive. Its general contract law still applies. Contract dates matter: Maryland's health care rules apply to agreements executed on or after July 1, 2025 (HB 1388, § 3); Texas's changes cover covenants entered into or renewed on or after September 1, 2025 (SB 1318, §§ 4–5). See the Utah and Virginia rows for their applicability dates.

Two patterns stand out. A growing group of states (Arkansas, Massachusetts, New Hampshire, Rhode Island, Utah, Virginia, Wyoming) bans covered physician noncompetes subject to applicability dates and exceptions. Others, such as Texas, Maryland, Pennsylvania and West Virginia, allow them but cap the length or radius or add conditions. Florida, by contrast, generally enforces them for physicians.

What emergency physicians report

ACEP surveyed its members on noncompetes in 2023. Its March 2023 press release explicitly reports 75 emergency physician respondents (ACEP, 2023), so treat these as findings from a small member survey (ACEP, 2025).

Employers answered too: 37% of group leaders said noncompetes hindered their own hiring, and 73% of employers that use noncompetes said a corporate mandate requires them (ACEP, 2025).

Where the professional societies stand

• AMA (policy adopted June 12, 2023): opposes noncompetes for physicians employed by for-profit or nonprofit hospitals, hospital systems or staffing companies (AMA, 2023).
• AAEM “opposes the use of post-contractual restrictive covenants, or ‘non-compete clauses,’ in physician contracts” (AAEM).
• ACEP reaffirmed its support for banning noncompetes in health care on September 10, 2025: “Emergency physicians must be able to provide care where they are needed most—not where a contract allows them” (ACEP, 2025).

The other side of the evidence

How common are noncompetes for emergency physicians? We found no verified EM-specific figure. For primary care physicians, an economics study estimated about 45% have one, and found that noncompetes were associated with higher earnings growth (Lavetti, Simon & White, 2020). That finding does not fit neatly with the case against noncompetes, and it is part of why a clause's exact terms matter more than whether one exists.

How VitalPair shows noncompete terms on every job

In our analysis of publicly posted EM attending listings from employer and recruiter sites (2025–26 sample, VitalPair analysis), 99% of postings did not state noncompete terms at all, not even “none” (VitalPair, 2026).

On VitalPair, a listing cannot go live until the employer states the noncompete radius in miles and its length in months. “No noncompete” is an accepted answer and is shown as exactly that. A blank is not. So you see the noncompete on the listing, next to the pay and schedule, before you apply. Browse jobs or Find your fit.

Radius, length, tail and buyout: what to negotiate

Where a noncompete is allowed, its terms are often negotiable. These are the parts to read closely.

1. Radius. Measured from what? One hospital, every site the employer staffs, or a whole county? Ask for the radius to run from the sites you actually work.
2. Length. How many months, and does the clock start when you stop working or when the contract ends?
3. Termination. Does it still apply if you are let go without cause, or if the employer loses the hospital contract? Ask for it to fall away in both cases.
4. Buyout. Is there a set price to be released? Get the number in writing.
5. Tail coverage. Who pays for malpractice tail if you leave? A noncompete plus a tail bill can make leaving very expensive.
6. Non-solicitation and non-interference. These are separate clauses that limit recruiting colleagues or contacting patients. Read them on their own, and ask your attorney whether your state's noncompete rules cover them.

Ownership changes who writes these clauses. See EM practice models explained. Employers who want to compete on terms can list transparently on VitalPair.

Common questions