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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
| Date | Body | Type |
|---|---|---|
| Jan. 29, 2020 | House | Hearing |
| Feb. 12, 2020 | House | Exec Session |
| House | Floor Vote | |
| Feb. 19, 2020 | House | Floor Vote |
June 16, 2020: No Pending Motion; 06/16/2020 SJ 8
June 16, 2020: Vacated from Committee and Laid on Table, MA, VV; 06/16/2020 SJ 8
March 11, 2020: Introduced 03/11/2020 and Referred to Executive Departments and Administration; SJ 7
Feb. 19, 2020: Ought to Pass: MA VV 02/19/2020 HJ 4 P. 17
: Committee Report: Ought to Pass (Vote 17-0; CC)
Feb. 19, 2020: Committee Report: Ought to Pass for 02/19/2020 (Vote 17-0; CC) HC 7 P. 11
Feb. 12, 2020: Executive Session: 02/12/2020 10:00 am LOB 307
Jan. 29, 2020: Public Hearing: 01/29/2020 10:00 am LOB 307
Jan. 8, 2020: Introduced 01/08/2020 and referred to Labor, Industrial and Rehabilitative Services HJ 1 P. 9