West Virginia physician non-compete law
West Virginia sharply limits physician non-competes.
West Virginia treats physician non-competes with heavy skepticism and narrows or sets aside restrictions that reach too far. Restrictions that tend to stand here run about 30 miles and 12 months; terms beyond that are the most vulnerable. Before you sign, pull the radius and term to the low end of what the state lets stand, and make sure the clause covers only the sites where you actually worked.
- Posture
- Enforceable, capped by physician statute (1 yr / 30 mi; void if employer terminates)
- Last reviewed
- 2026-06-10
- Radius that tends to stand
- 30 miles
- Term that tends to stand
- 12 months
Governing law: W. Va. Code §47-11E-1 et seq. (Physicians Freedom of Practice Act)
These are the general rules for West 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
Reddy v. Community Health Foundation of Man (1982, Supreme Court of Appeals of West Virginia) — Set the controlling reasonableness framework for physician restrictive covenants (protection of employer, no undue hardship, not injurious to public; covenant unreasonable on its face if time/area excessively broad; employer bears burden). 171 W.Va. 368, 298 S.E.2d 906.
The detailed picture
West Virginia's Physicians Freedom of Practice Act (W. Va. Code §47-11E-1 et seq., enacted 2017 via SB 402, applies to contracts entered/modified/renewed on or after July 1, 2017; still in force as of 2026 with no enacted amendments) caps a physician employment non-compete at 1 year and 30 road miles from the physician's primary place of practice, and makes the covenant void and unenforceable if the EMPLOYER terminates the employment. §47-11E-1 defines "physician" as a fully-licensed doctor of allopathic or osteopathic medicine (MD/DO) under W. Va. Code ch. 30 art. 3 or 14 — PAs and APRNs are NOT covered (a 2021 expansion bill and later total-ban bills failed). §47-11E-3 expressly preserves non-disclosure, patient/employee non-solicitation, liquidated-damages, and repayment (loan/relocation/signing bonus/training) provisions, plus exemptions for sale-of-practice and owner/shareholder-physician agreements. Outside the statute, general non-competes are governed by common-law reasonableness with the employer bearing the burden of proof.
Common questions
Are physician non-competes enforceable in West Virginia?
West Virginia sharply limits physician non-competes. Governing law: W. Va. Code §47-11E-1 et seq. (Physicians Freedom of Practice Act).
How far and how long can a West Virginia physician non-compete reach?
Restrictions that tend to stand here run about 30 miles and 12 months; terms beyond that are the most vulnerable. The radius and term in your specific contract decide how it lands — check your own clause.
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 2026-06-10.