Importantly, non-compete clauses should be removed from employment or partnership agreements with emergency physicians. Rather, groups who spend significant resources to recruit emergency physicians can continue to have mechanisms to outline repayment processes for employment agreements involving a recruited emergency physician who moves onto another opportunity more quickly than the contracted time frame. ACEP members are oftentimes in positions of influence and leadership in various practice environments. Make it a priority to review the language in the contracts that your institution or group offers to prospective or currently contracted physicians.

Groups that do happen to transition into contract management of new emergency departments should offer temporary flexibility and support to physicians who may want to stay in their communities despite restrictions imposed by non-competes. For example, if physicians can temporarily work at a remote site within the new contract-holding group, that may allow for return to their home site after the term of a non-compete has expired. In addition, an offer of legal support might be an attractive recruitment tool for a physician unsure of the legal ramifications of changing employers while remaining within their home community.

Lastly, for physicians who are negotiating terms and conditions for a new employment or partnership agreement, prioritize focusing on removal of non-compete clauses. Although the conditions may not always allow for it, weigh the presence or absence of a non-compete clause as an important deciding factor if you have the luxury of considering multiple job opportunities.

Dr. Maurer is physician with Emergency Medicine Specialists in Milwaukee and chief medical officer for ConsenioHealth.