October 1, 2021
The following Statement on Restrictive Covenants was developed by the American College of Surgeons (ACS) Division of Advocacy and Health Policy. The ACS Board of Regents approved the statement at its June 2021 meeting in Chicago, IL.
Surgeons may be asked to enter into contractual terms for employment that include a “restrictive covenant” or “covenant not to compete,” enforceable upon their voluntary separation or involuntary dismissal from employment, with or without cause.
Members of the ACS also are urged to have all employment contracts reviewed by an attorney who is familiar with local laws and precedents in the state where they intend to be employed prior to signing any contract.
Whenever possible, members are urged to avoid restrictive covenants that interfere with the uninterrupted delivery of qualified surgical care, limit patient access to care, or limit patient choice. The impact of such agreements is detrimental to the physician-patient relationship.
Any restrictive covenant provisions included in a physician employment agreement should be explicit and detailed. In discussions with their attorneys, members of the College should specifically seek advice relative to the following:
Although the College recognizes the perceived necessity of restrictive covenants from the perspective of employers and the intent behind their inclusion in physician employment agreements, members of the College should carefully review the restrictive covenants contained in proposed employment contracts with expert legal counsel and negotiate mutually agreeable terms with prospective employers.