South Carolina subcommittee hears divergent views on Senate Bill S.46 to curb physician noncompetes

Senate Bill S.46, which would create a new chapter in Title 41 limiting enforcement of physician noncompete provisions and requiring patient-notification rules when a physician leaves an employer, drew broad testimony Tuesday before the Labor and Occupation Subcommittee of the Senate Labor, Commerce and Industry Committee.

The bill would void contract provisions that restrict a physician from treating patients after leaving an employer, impose a 30‑day notification requirement about an expected separation and how patients may obtain their records, allow limited recovery by employers for certain expenses when a physician departs, and direct the South Carolina Board of Medical Examiners to adopt implementing regulations. "The bill creates a new chapter within Title 41 titled health care contracts," said Rebecca, the staff presenter, summarizing the measure for the committee.

Supporters told the subcommittee the measure protects patients and physician autonomy. Cleve Hamm, immediate past president of the Charleston County Medical Society and district 14 trustee on the board of the South Carolina Medical Association, said the bill advances four principles: preservation of the physician‑patient relationship, physician autonomy, patient choice and health‑care quality. "Physicians can practice where and how they feel is best for the care of their patients," Hamm…