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Sponsor asks committee to broaden non‑compete ban for health providers to ease workforce churn
Summary
Representative Jodie Etchart told the committee House Bill 198 would expand last session’s ban on non‑competes for behavioral health workers to include primary‑care providers and others, arguing that most behavioral health care is delivered by non‑psychiatrists and non‑specialists.
Representative Jodie Etchart opened the hearing on House Bill 198 by describing the bill as an expansion of last session’s statute that removed non‑competes for behavioral health workers. Etchart said the proposed language would extend the ban to a broader set of primary‑care providers to reduce barriers when providers relocate within a community.
Etchart cited several statistics to explain the bill’s rationale: she said primary care providers deliver roughly 60–70% of behavioral health treatment and handle about 79% of antidepressant prescriptions (sourcing the Montana Hospital Association in testimony). She argued that no‑compete clauses can prevent patients from following providers who change jobs in the same area and that easing those restrictions would expand access.
The Montana Medical Association’s CEO Jean Branscum testified in favor, saying non‑competes can impede physician movement and slow care in rural communities when a small number of doctors leave. Kevin Bragg of the Department of Labor and Industry appeared as an informational witness.
Representatives asked procedural and drafting questions; no opponents were recorded at the hearing. Etchart closed the hearing and said that stakeholders remained willing to work with the committee to craft employer protections — for example, provisions concerning employee moonlighting — while preserving patient access.
