HB1106 (2020) Detail

Relative to noncompete agreements for certain mental health professionals.


HB 1106 - AS INTRODUCED

 

 

2020 SESSION

20-2028

10/04

 

HOUSE BILL 1106

 

AN ACT relative to noncompete agreements for certain mental health professionals.

 

SPONSORS: Rep. Abrami, Rock. 19; Sen. Sherman, Dist 24

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

This bill mandates that certain noncompete provisions in employment contracts for pastoral psychotherapists, clinical social workers, clinical mental health counselors, and marriage and family therapists licensed by the board of mental health practice and psychologists licensed by the board of psychologists, are not enforceable.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2028

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to noncompete agreements for certain mental health professionals.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Mental Health Practice; Contract Restrictions Unenforceable.  Amend RSA 330-A by inserting after section 22 the following new section:

330-A:22-a  Certain Contract Restrictions Upon Mental Health Professionals Unenforceable.  Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a pastoral psychotherapist, clinical social worker, clinical mental health counselor, or marriage and family therapist licensed by the board to practice in this state, which includes any restriction to the right of such licensed mental health professional to also practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement.  The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

2  New Section; Psychologists; Contract Restrictions Unenforceable.  Amend RSA 329-B by inserting after section 15 the following new section:

329-B:15-a  Certain Contract Restrictions Upon Psychologists Unenforceable.  Any contract or agreement which creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a psychologist licensed by the board to practice in this state, which includes any restriction to the right of such psychologist to also practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement.  The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

3  Effective Date.  This act shall take effect January 1, 2021.

Links

HB1106 at GenCourtMobile
HB1106 Discussion

Action Dates

Date Body Type
Jan. 29, 2020 House Hearing
Feb. 12, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote

Bill Text Revisions

HB1106 Revision: 6736 Date: Dec. 2, 2019, 9:35 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Labor, Industrial and Rehabilitative Services HJ 1 P. 9
Jan. 29, 2020 Public Hearing: 01/29/2020 10:00 am LOB 307
Feb. 12, 2020 Executive Session: 02/12/2020 10:00 am LOB 307
Feb. 19, 2020 Committee Report: Ought to Pass for 02/19/2020 (Vote 17-0; CC) HC 7 P. 11
Committee Report: Ought to Pass (Vote 17-0; CC)
Feb. 19, 2020 Ought to Pass: MA VV 02/19/2020
March 11, 2020 Introduced 03/11/2020 and Referred to Executive Departments and Administration; SJ 7
June 16, 2020 Vacated from Committee and Laid on Table, MA, VV; 06/16/2020 SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8