
Empowering Physicians: The Push to Prohibit Non-Compete Agreements in South Carolina
Non-compete agreements (NCAs) have long been a contentious issue in the medical community, often restricting physicians’ professional mobility and potentially impacting patient care. In South Carolina, legislative efforts are underway to address these concerns through Bill S.46, which aims to prohibit such restrictive covenants in physician contracts. Understanding Non-Compete Agreements NCAs are contractual clauses that prevent physicians from practicing within a certain geographic area and timeframe after leaving an employer. While intended to protect business interests, these agreements can limit physicians’ ability to serve their communities and maintain continuity of care for their patients. The Impetus Behind Bill S.46 Introduced in the South Carolina Senate, Bill S.46 seeks to amend the state’s Code of Laws by adding Chapter 9 to Title 41. The bill declares that any contract provisions interfering with the physician-patient relationship or facilitating the corporate practice of medicine are against public policy and, therefore, unenforceable. Specifically, it states:South Carolina Legislature Online+2FastDemocracy+2South Carolina Legislature Online+2South Carolina Legislature Online+2South Carolina Legislature Online+2FastDemocracy+2 “A physician… has a direct, personal, and individual duty and responsibility to his patients… any contract or agreement that… restricts or interferes with the physician’s ability to treat patients… are void and unenforceable…” South Carolina Legislature Online Implications for Physician Autonomy and Patient Care Eliminating NCAs can have several positive outcomes: Broader Movements Against NCAs The movement to abolish NCAs is gaining momentum nationally. The Federal Trade Commission (FTC) has proposed a rule to ban non-compete clauses, estimating that such a ban could increase workers’ earnings by $250 billion to $296 billion annually. The FTC’s