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Virginia2026Enacted

SB128

Health Care Professional Non-Compete Protection Act

Last scannedAug 22, 2026, 5:26 AM

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

Validated

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

  1. Approved by Governor-Chapter 1114 (effective 7/1/2026)Governor
  2. Acts of Assembly Chapter text (CHAP1114)Governor
  3. Governor's recommendation adoptedGovernor
  4. Signed by SpeakerHouse
  5. Signed by PresidentSenate
  6. Communicated to GovernorSenate
  7. Governor's Action Deadline 11:59 p.m., May 23, 2026Governor
  8. Governor's Recommendation No. 2 passed by for the day (Voice Vote)Governor
  9. Senate passed by for the day recommendation No. 2 (Voice Vote)Senate
  10. ReenrolledSenate
  11. Reenrolled bill text (SB128ER2)Senate
  12. Senate concurred in Governor's recommendation No. 1 (39-Y 0-N 0-A)Senate
  13. Governor's recommendation No. 2 passed by (Voice Vote)Senate
  14. Governor's amendment no. 1 agreed to (97-Y 1-N 0-A)House
  15. Governor's recommendation received by SenateGovernor
  16. Enrolled Bill communicated to Governor on March 14, 2026Senate
  17. Governor's Action Deadline 11:59 p.m., April 13, 2026Governor
  18. Signed by SpeakerHouse
  19. Signed by PresidentSenate
  20. EnrolledSenate

Changes

Amendments

1 stored

SB128G

(SB128) GOVERNOR'S RECOMMENDATION 1.