SB 713 -- NONCOMPETE CLAUSES FOR PHYSICIANS

SPONSOR:  Singleton (Hosmer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Miscellaneous Bills and Resolutions by a vote of 7 to 0.

This bill prohibits covenants not to compete when they are part
of a physician's contract with a not-for-profit health services
corporation as defined in Section 354.010, RSMo.  Covenants with
other health care facilities are enforceable as long as they:

(1)  Do not deny the physician access to a list of patients the
physician had seen within a year of termination;

(2)  Provide access to patient medical records with the patient's
consent and in an accessible format;

(3)  Provide for a buy-out of the covenant by the physician at a
reasonable price; and

(4)  Provide that the physician will not be prohibited from
providing continuing treatment to specific acutely ill patients
after the contract has terminated.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill would allow doctors to
keep seeing their patients if they are bought out or switch
contracts; level the playing field between doctors and health
services corporations; apply only to contracts after August 28,
2002; and increase choice for consumers.

Testifying for the bill were Senator Singleton; Missouri State
Medical Association; and Missouri AFL-CIO.

OPPONENTS:  There was no opposition voiced to the committee.

Mark Pioli, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am