MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary A
By: Representatives Remak, Boyd (19th), Currie, Estrada, Hale, Kinkade, Stepp, Yancey, Keen
AN ACT TO PROVIDE THAT CONTRACTS THAT ESTABLISH THE TERMS OF A PARTNERSHIP, EMPLOYMENT OR ANY OTHER FORM OF PROFESSIONAL RELATIONSHIP WITH A HEALTH CARE PROVIDER WHO IS LICENSED IN MISSISSIPPI, WHICH INCLUDE ANY RESTRICTION OF THE RIGHT OF THE HEALTH CARE PROVIDER TO PRACTICE HIS OR HER PROFESSION OR OCCUPATION IN ANY GEOGRAPHIC AREA FOR ANY PERIOD OF TIME AFTER THE TERMINATION OF SUCH PARTNERSHIP, EMPLOYMENT OR PROFESSIONAL RELATIONSHIP, SHALL BE VOID AND UNENFORCEABLE WITH RESPECT TO THAT RESTRICTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the following terms shall be defined as provided in this subsection:
(a) "Health care" means any care, treatment, service or procedure to maintain, diagnose or otherwise affect a person's physical or mental condition.
(b) "Health care provider" means a person licensed, certified or otherwise authorized or permitted by Mississippi law to provide health care in the ordinary course of business or practice of a profession.
(2) Any contract or agreement that creates or establishes the terms of a partnership, employment or any other form of professional relationship with a health care provider who is licensed in Mississippi, which includes any restriction of the right of the health care provider to practice his or her profession or occupation in any geographic area for any period of time after the termination of such partnership, employment or professional relationship, shall be void and unenforceable with respect to that restriction. Nothing in this subsection shall render void or unenforceable the remaining provisions of any such contract or agreement.
(3) This section shall apply to all contracts or agreements described in subsection (2) of this section that are entered into or renewed on or after July 1, 2024.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.