2018 New Mexico Statutes
Chapter 24 - Health and Safety
Article 1I - Health Care Practitioner Agreements
Section 24-1I-2 - Enforceability of a non-compete provision; other provisions void.

Universal Citation: NM Stat § 24-1I-2 (2018)
24-1I-2. Enforceability of a non-compete provision; other provisions void.

A. A non-compete provision in an agreement, which provision restricts the right of a health care practitioner to provide clinical health care services in this state, shall be unenforceable upon the termination of:

(1) the agreement;

(2) a renewal or extension of the agreement; or

(3) a health care practitioner's employment with a party seeking to enforce the agreement.

B. A provision in an agreement for clinical health care services to be rendered in this state is void, unenforceable and against public policy if the provision:

(1) makes the agreement subject to the laws of another state; or

(2) requires any litigation arising out of the agreement to be conducted in another state.

History: Laws 2015, ch. 96, § 2; 2017, ch. 123, § 2.


The 2017 amendment, effective April 6, 2017, made certain provisions in clinical health care services agreements void and unenforceable; in the catchline, added "other provisions void"; added the subsection designation "A." to the previously undesignated first sentence and redesignated former Subsections A through C as Paragraphs A(1) through A(3), respectively; and in Subsection A, in the introductory sentence, after "health care services", added "in this state"; and added Subsection B.

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