Massachusetts Is Considering a New Noncompete Exemption for Physician Assistants

Since the beginning of this year (2019), the Massachusetts legislature has been quietly considering adding another exemption to its noncompete laws. This one would be for physician assistants (PAs).

Two related bills (H.1686 and S.1050) provide for the following language to be added to G.L. c. 112:

Section 9L. Any contract or agreement which creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a physician assistant registered to practice as a physician assistant pursuant to section 9E which includes any restriction of the right of such physician assistant to practice as a physician assistant in any geographical area for any period of time after the termination of such partnership, employment or professional relationship shall be void and unenforceable with respect to said restriction. Nothing in this section shall render void or unenforceable any other provision of any such contract or agreement.

This language does not seem particularly controversial, and follows virtually identical language for physicians (G.L. c. 112, § 12X), nurses (G.L. c. 112, § 74D), psychologists (G.L. c. 112, § 129B), and social workers (G.L. c. 112, § 135C).