Are physician non-competes still enforceable?

It depends on the state — several have banned or limited them for clinicians. Check the state's rules before drafting; the FTC's federal rule was blocked, so state law controls.

Should I cover malpractice tail in the offer?

Yes — explicitly. Specify whether the practice or the clinician pays for tail coverage on departure. This is one of the most-litigated terms in physician employment.

Do I need a separate HIPAA agreement?

Usually a HIPAA acknowledgement inside the employment agreement is enough for workforce members. Business associates need a separate BAA.

Employment Agreement for Healthcare Professionals

Employment agreements built for healthcare practices.

Hire clinicians and staff with terms that match how healthcare actually runs — credentialing, on-call rotation, HIPAA, and enforceable restrictive covenants.

Create your healthcare employment agreement

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Healthcare employment is unlike other industries: licensing, credentialing, on-call, and HIPAA all need to live inside the offer. Get this right at hire and you avoid the most expensive disputes later — including ones that block a clinician from leaving cleanly.

Why healthcare professionals need a employment agreement

Credentialing and licensing requirements must travel with the role.
On-call rotation and call pay reduce post-hire scheduling fights.
Non-competes have state-specific carve-outs you cannot ignore.

Common scenarios

Hiring a staff physician

Salary, RVU bonus, call coverage, malpractice tail, and a state-compliant restrictive covenant in one document.

Bringing on a nurse practitioner

Scope-of-practice references, supervising-physician relationship, and state-specific collaborative requirements.

Onboarding clinical support staff

Hours, HIPAA training acknowledgement, and confidentiality of patient and practice information.

Clauses to pay attention to

Credentialing and licensing requirements

On-call obligations and pay

HIPAA and patient confidentiality

Non-compete and non-solicit (state-aware)

Common questions

Are physician non-competes still enforceable?: It depends on the state — several have banned or limited them for clinicians. Check the state's rules before drafting; the FTC's federal rule was blocked, so state law controls.
Should I cover malpractice tail in the offer?: Yes — explicitly. Specify whether the practice or the clinician pays for tail coverage on departure. This is one of the most-litigated terms in physician employment.
Do I need a separate HIPAA agreement?: Usually a HIPAA acknowledgement inside the employment agreement is enough for workforce members. Business associates need a separate BAA.

← All contracts for healthcare professionals See the full Employment Agreement guide →

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