HB165 (2021) Detail

Relative to noncompete agreements for certain mental health professionals.


HB 165  - AS INTRODUCED

 

 

2021 SESSION

21-0122

10/11

 

HOUSE BILL 165

 

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

 

SPONSORS: Rep. Abrami, Rock. 19

 

COMMITTEE: Commerce and Consumer Affairs

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0122

10/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

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 16 the following new section:

329-B:16-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, 2022.

Links

HB165 at GenCourtMobile
HB165 Discussion

Action Dates

Date Body Type
Feb. 2, 2021 House Hearing
Feb. 10, 2021 House Exec Session
House Floor Vote

Bill Text Revisions

HB165 Revision: 31449 Date: Jan. 4, 2021, 2:30 p.m.

Docket


April 9, 2021: Lay on Table (Rep. Ammon): MA DV 204-152 04/09/2021 HJ 7 P. 89


: Minority Committee Report: Ought to Pass


: Majority Committee Report: Inexpedient to Legislate (Vote 10-9; RC) HC 18 P. 64


Feb. 10, 2021: Executive Session: 02/10/2021 01:25 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95521072179


Feb. 2, 2021: Public Hearing: 02/02/2021 10:30 am Members of the public may attend using the following links: To join the webinar: https://www.zoom.us/j/92235067141 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Commerce and Consumer Affairs HJ 2 P. 37


Jan. 6, 2020: To Be Introduced 01/06/2020 and referred to Commerce and Consumer Affairs