Indiana § 25-22.5-5.5-2 Requirements of physician noncompete agreements to be enforceable

Indiana Statutes

§ 25-22.5-5.5-2 — Requirements of physician noncompete agreements to be enforceable

Indiana § 25-22.5-5.5-2

Title 25PROFESSIONS AND OCCUPATIONS

Art. 22.5PHYSICIANS

Ch. 5.5Physician Noncompete Agreements

This text of Indiana § 25-22.5-5.5-2 (Requirements of physician noncompete agreements to be enforceable) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 25-22.5-5.5-2 (2026).

Text

(a)Subject to subsection (b), to be enforceable, a physician noncompete agreement must include all of the following provisions:

(1)A provision that requires the employer of the physician to provide the physician with a copy of any notice that:

(A)concerns the physician's departure from the employer; and

(B)was sent to any patient seen or treated by the physician during the two (2) year period preceding the termination of the physician's employment or the expiration of the physician's contract. Provided, however, the patient names and contact information be redacted from the copy of the notice provided from the employer of the physician to the physician.

(2)A provision that requires the physician's employer to, in good faith, provide the physician's last known or current contact and lo

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(a) Subject to subsection (b), to be
enforceable, a physician noncompete agreement must include all of the
following provisions:
(1) A provision that requires the employer of the physician to
provide the physician with a copy of any notice that:
(A) concerns the physician's departure from the employer; and
(B) was sent to any patient seen or treated by the physician
during the two (2) year period preceding the termination of the
physician's employment or the expiration of the physician's
contract. Provided, however, the patient names and contact
information be redacted from the copy of the notice provided
from the employer of the physician to the physician.
(2) A provision that requires the physician's employer to, in good
faith, provide the physician's last known or current contact and
location information to a patient who:
(A) requests updated contact and location information for the
physician; and
(B) was seen or treated by the physician during the two (2) year
period preceding the termination of the physician's employment
or the expiration of the physician's contract.
(3) A provision that provides the physician with:
(A) access to; or
(B) copies of;
any medical record associated with a patient described in
subdivision (1) or (2) upon receipt of the patient's consent.
(4) A provision that provides the physician whose employment
has terminated or whose contract has expired with the option to
purchase a complete and final release from the terms of the
enforceable physician noncompete agreement at a reasonable
price. However, in the event the physician elects not to exercise
the purchase option, then the option to purchase provision may
not be used in any manner to restrict, bar, or otherwise limit the
employer's equitable remedies, including the employer's
enforcement of the physician noncompete agreement.
(5) A provision that prohibits the providing of patient medical
records to a requesting physician in a format that materially
differs from the format used to create or store the medical record
during the routine or ordinary course of business, unless a
different format is mutually agreed upon by the parties. Paper or
portable document format copies of the medical records satisfy
the formatting provisions of this chapter.
(b) Beginning July 1, 2023, a physician noncompete agreement is
not enforceable if any of the following circumstances occur:
(1) The employer terminates the physician's employment without
cause.
(2) The physician terminates the physician's employment for
cause.
(3) The physician's employment contract has expired and the
physician and employer have fulfilled the obligations of the
contract.