Virginia physician non-compete law
Physician non-competes are generally not enforceable in Virginia.
If your contract is governed by Virginia law, a physician non-compete is generally void — the state does not let an employer restrict where you practice after you leave. The clause may still appear in your contract; that alone does not make it enforceable. Confirm the restriction is tied to employment (not the sale of a practice or an ownership stake), and don't let an unenforceable clause talk you out of a move it cannot actually block.
- Posture
- Banned — Va. Code § 40.1-28.7:8 prohibits non-competes with health care professionals (in force July 1, 2026; prospective — agreements signed before that date may still be enforceable)
- Last reviewed
- 2026-07-01
- Radius that tends to stand
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- Term that tends to stand
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Governing law: Va. Code § 40.1-28.7:8 (as amended by HB 627 / companion SB 128, 2026), eff. July 1, 2026
These are the general rules for Virginia. Your contract's exact radius, term, and buyout decide how it actually lands. See how your own clause compares — free.
Check your contract — free →A case that shaped this
Home Paramount Pest Control Cos. v. Shaffer (2011, Va. Supreme Court) — Reaffirmed Virginia's strict, no-blue-pencil scrutiny of non-competes (function/geography/duration each independently reasonable) and struck an overbroad restraint as unenforceable (overruling its own 1989 Rector decision). Pre-statute common-law backdrop, now largely displaced for physicians by the 2026 ban.
The detailed picture
IN FORCE July 1, 2026. HB 627 and companion SB 128 amended Va. Code § 40.1-28.7:8 to prohibit any employer from entering into, enforcing, or threatening to enforce a non-compete against a \"health care professional,\" defined as anyone licensed/registered/certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work — which expressly includes physicians (Board of Medicine). CAVEAT — PROSPECTIVE ONLY: the ban applies to agreements entered into on or after July 1, 2026; a non-compete entered/amended/renewed BEFORE that date is NOT invalidated and may still be enforced under Virginia's prior strict common-law reasonableness standard. Note: professionals licensed only by other boards (e.g., Dentistry, Pharmacy, Physical Therapy) are NOT covered by this specific ban. Carveouts remain for non-competes tied to a bona fide sale of business, narrowly drawn non-solicitation (material-contact customers / same-or-similar services), and repayment of recruitment-related costs (relocation, signing/retention bonuses) for professionals employed under five years; departing professionals also retain the right to notify patients of their new location. Violations carry a $10,000 civil penalty per violation plus a private right of action with attorney/expert fees. Separately, SB 170 makes general non-competes unenforceable against employees discharged without cause absent disclosed severance.
Common questions
Are physician non-competes enforceable in Virginia?
Physician non-competes are generally not enforceable in Virginia. Governing law: Va. Code § 40.1-28.7:8 (as amended by HB 627 / companion SB 128, 2026), eff. July 1, 2026.
My Virginia contract still has a non-compete — does that matter?
A clause can appear in a contract without being enforceable. Under Virginia law a physician employment non-compete is generally void, so confirm the restriction is not tied to a practice sale or ownership interest, and check your own contract's exact wording.
Other states
General legal information, not legal advice. Non-compete enforceability turns on the exact wording of your contract and your circumstances; this page describes the state's general posture as last reviewed 2026-07-01.