Our colleague at Epstein Becker Green has a post on the Trade Secrets & Employee Mobility blog that will be of interest to our readers in the health care industry: “Colorado Places New Limitation on Physician Restrictive Covenants.”
Following is an excerpt:
Earlier this month, Colorado amended its law governing physician non-compete agreements (C.R.S. § 8-2-113(3)). Since its enactment in 1982, that statute generally has prohibited agreements restricting the rights of physicians to practice medicine, but has allowed contractual provisions requiring a physician to pay damages arising from his or her competition if the damages are reasonably related to the injury suffered by the employer or other contracting party. Under the amended statute, “a physician may disclose his or her continuing practice of medicine and new professional contact information to any patient with a rare disorder…to whom the physician was providing treatment.” The goal of the amendment is to avoid interruptions to the continued care of individuals with rare disorders. The statute looks to the National Organization for Rare Disorders, Inc. to maintain a database of diseases considered “rare disorders.” ...