Indiana Code 25-22.5-5.5-2. Requirements of physician noncompete agreements to be enforceable
(1) A provision that requires the employer of the physician to provide the physician with a copy of any notice that:
Terms Used In Indiana Code 25-22.5-5.5-2
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- medical record: means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. See Indiana Code 1-1-4-5
- Physician: means any person who holds the degree of doctor of medicine or doctor of osteopathy or its equivalent and who holds a valid unlimited license to practice medicine or osteopathic medicine in Indiana. See Indiana Code 25-22.5-1-1.1
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.
As added by P.L.93-2020, SEC.8. Amended by P.L.165-2023, SEC.2.