West Virginia Code 47-11E-2 – Limitation on contractual provisions in physician employment contract

(a) A covenant not to compete contained in a contract between a physician and an employer shall be limited to not more than:

Covenant not to compete: means any contract that restricts the right of a physician to practice medicine in any geographic area of the state for any period of time following the expiration of the physician&rsquo. See West Virginia Code 47-11E-1
Employer: means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state. See West Virginia Code 47-11E-1
Physician: means a doctor of allopathic or osteopathic medicine who is fully licensed to practice medicine and surgery pursuant to the provisions of either article three or fourteen, chapter thirty of this code. See West Virginia Code 47-11E-1

(1) One year in duration; and

(2) Thirty road miles from the physician’s primary place of practice with the employer.

(b) A covenant not to compete shall be void and unenforceable upon the termination of the physician’s employment by the employer.