(SB128) GOVERNOR'S RECOMMENDATION 1.
SB128
Health Care Professional Non-Compete Protection Act
In one sentence
This act adds health care professionals as a category of employees who cannot enter into non-compete agreements with their employers and sets penalties for violations.
What it does
- Adds health care professionals as a category of employee who cannot enter into, enforce, or threaten to enforce a covenant not to compete.
- Defines 'health care professional' as someone licensed, registered, or certified by specific Virginia boards such as Medicine, Nursing, Counseling, Optometry, Psychology, and Social Work.
- Sets a civil penalty of $10,000 for each violation against employers who break the non-compete rules with health care professionals.
Who it affects
- Health care professionals
- Employers of health care professionals
Limits and unknowns
- The bill does not specify the exact date it will take effect.
- It only applies to certain types of non-compete agreements and allows exceptions for business sales and recruitment costs.
Plain language
Terms to know
- Covenant not to compete
- An agreement that stops an employee from working for a competitor after leaving their job.
- Health care professional
- A person licensed, registered, or certified by specific Virginia boards in health-related fields.
Official record
Sources
Official summary
Covenants not to compete; health care professionals; civil penalty. Adds health care professionals as a category of employee with or upon whom no employer shall enter into, enforce, or threaten to enforce a covenant not to compete. The bill defines "health care professional" as any person licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work. The bill provides that any employer that violates the prohibition against covenants not to compete with a health care professional is subject to the civil penalty in current law of $10,000 for each violation. This bill is identical to HB 627.
Official activity
Bill history
- Approved by Governor-Chapter 1114 (effective 7/1/2026)Governor
- Acts of Assembly Chapter text (CHAP1114)Governor
- Governor's recommendation adoptedGovernor
- Signed by SpeakerHouse
- Signed by PresidentSenate
- Communicated to GovernorSenate
- Governor's Action Deadline 11:59 p.m., May 23, 2026Governor
- Governor's Recommendation No. 2 passed by for the day (Voice Vote)Governor
- Senate passed by for the day recommendation No. 2 (Voice Vote)Senate
- ReenrolledSenate
- Reenrolled bill text (SB128ER2)Senate
- Senate concurred in Governor's recommendation No. 1 (39-Y 0-N 0-A)Senate
- Governor's recommendation No. 2 passed by (Voice Vote)Senate
- Governor's amendment no. 1 agreed to (97-Y 1-N 0-A)House
- Governor's recommendation received by SenateGovernor
- Enrolled Bill communicated to Governor on March 14, 2026Senate
- Governor's Action Deadline 11:59 p.m., April 13, 2026Governor
- Signed by SpeakerHouse
- Signed by PresidentSenate
- EnrolledSenate
Changes
Amendments
1 stored