Little Health Law Blog

Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. Several of our clients in South Carolina have concerns about their non-compete in their employment agreement. South Carolina has proposed a bill to regulate non-competes in employment agreements for physicians. The bill does not apply to employment agreements of mid-level providers, including physician assistants and nurse practitioners, or other licensed healthcare personnel, such as registered nurses.

This blog post discusses the bill in the South Carolina General Assembly that proposes to eliminate non-competes and highlights other common provisions of concern found in physician employment agreements. As of March 30, 2026, the bill has passed the South Carolina House and is currently in the South Carolina Senate. If you are a South Carolina physician who has concerns about their employment agreement, is planning to negotiate their employment agreement, is about to enter a new employment agreement for a new job, or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

House Bill 4767 (H. 4767) first declares that non-competes in physician contracts are against South Carolina public policy, and certain provisions in physician contracts are void and unenforceable. These provisions include non-competes, restrictions on physicians continuing to Continue reading ›

Our healthcare and business law firm guides many medical practices and physicians through employment matters.  A question we are often asked is “is the non-compete enforceable?”  That question is never easy to answer, it depends on a mix of law, facts, and practical considerations.  Generally speaking, under the Georgia Restrictive Covenant Act, non-competes are enforceable if they are reasonable as to duration, scope, and geographic area.  The subject of this post focuses on the question of “scope.”  Specifically, Georgia courts have made it clear that a non-compete is unreasonable and overbroad if it prevents an employee from providing “any services” to a competitor or working for a competitor “in any capacity.” This blog post further explains what courts find overbroad about this language.  If you need assistance with employment matters or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

In 2022, a District Court from the Southern District of Georgia reviewed a non-compete provision that prevented the employee from working “in any capacity” with a competitor.  The District Court found the non-compete unreasonably broad and unenforceable, and stated:

As recently explained by the Georgia Court of Appeals, “[a]lthough O.C.G.A. § 13-8-56(3) states that ‘[t]he scope of competition restricted is measured by the business of the employer[,]’ covenants that do not list specific limits on the type of activity, and effectively bar former employees from working in any capacity for competitors, have been deemed overbroad and unreasonable.” Burbach v. Motorsports of Conyers, LLC, 363 Ga.App. 188, 871 S.E.2d 63, 66-67 (2022) (quoting Carson v. Obor Holding Co., LLC, 318 Ga.App. 645, 734 S.E.2d 477, 483 (2012)).

Continue reading ›