Virginia Bans Non-Compete Agreements for Health Care Professionals
Virginia healthcare professionals gained a significant new workplace protection this year when Governor Abigail Spanberger signed legislation prohibiting employers from imposing non-compete agreements on licensed healthcare workers. The law takes effect July 1, 2026, meaning CRNAs and other covered professionals entering or renewing employment agreements after that date are protected.
Under the new law, employers may not require health care professionals to sign non-compete agreements, nor may they enforce or threaten to enforce existing ones against covered workers. “Health care professional” is defined broadly to include individuals licensed, registered, or certified by the Virginia Boards of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work, a definition that squarely covers CRNAs.
Professionals who face enforcement attempts have real recourse: the law permits civil lawsuits against former employers, with courts empowered to void offending agreements and award damages, lost wages, injunctions, and attorney fees. Retaliation against any professional who pursues legal action is explicitly prohibited. Employers who violate the non-compete ban face civil penalties of up to $10,000 per violation.
The law includes several targeted exceptions. Non-competes entered as part of the sale of a business owned by a health care professional remain permissible, provided they are reasonable in scope, duration, and geography. Agreements requiring repayment of recruitment or training costs for professionals who leave within five years are also still allowed, as are standard nondisclosure agreements protecting confidential information and trade secrets.
Notably, employers may still include provisions restricting solicitation of former patients, but only for patients with whom the professional had direct contact during employment and only for substantially similar services. Importantly, healthcare professionals retain the right to share their contact information with patients and to inform them that the choice of provider is theirs to make.
Employers are required to post a copy of the law or an approved summary in employee notice areas. If you are negotiating or renewing an employment contract on or after July 1, 2026, review any non-compete language carefully. Agreements entered into or renewed before that date are not affected by the new law.
VANA will continue to monitor implementation and any guidance issued under this legislation. Members with questions about how this law may affect their employment situation should consult with legal counsel.
