Mont. Code Ann. § 28-2-724

This is the official text of Mont. Code Ann. § 28-2-724, part of Montana’s Code Ann — part of the compiled statutory law of Montana, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.

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28-2-724 Prohibition of contracts that restrict practice -- applicability -- exceptions

Official statutory text

28-2-724 . Prohibition of contracts that restrict practice -- applicability -- exceptions. (1) A contract that creates or establishes the terms of employment, a partnership, or any other form of professional relationship with a health care provider described in subsection (2) may not restrict the right of the health care provider, after the termination of the employment, partnership, or other form of professional relationship, to:

(a) practice or provide services for which the provider is licensed, in any geographic area and for any period;

(b) treat, advise, consult with, or establish a provider-patient relationship with any current patient of the employer or with a patient affiliated with a partnership or other form of professional relationship; or

(c) solicit or seek to establish a provider-patient relationship with any current patient of the employer or with a patient affiliated with a partnership or other form of professional relationship.

(2) The requirements of subsection (1) apply to contracts or agreements involving the following health care providers:

(a) a physician licensed under Title 37, chapter 3;

(b) a psychologist licensed under Title 37, chapter 17;

(c) a naturopathic physician licensed under Title 37, chapter 26;

(d) a social worker licensed under Title 37, chapter 39;

(e) a professional counselor licensed under Title 37, chapter 39;

(f) an addiction counselor licensed under Title 37, chapter 39;

(g) a marriage and family therapist licensed under Title 37, chapter 39;

(h) a behavioral health peer support specialist licensed under Title 37, chapter 39;

(i) a registered professional nurse or an advanced practice registered nurse licensed under Title 37, chapter 8; or

(j) a physician assistant licensed under Title 37, chapter 20.

(3) This section does not apply to a contract in connection with the sale and purchase of a practice or to a provision for repayment of all or a portion of money paid or advanced to a physician licensed under Title 37, chapter 3, that is subject to a payback provision that decreases over time, including but not limited to a bona fide loan, relocation cost, signing bonus, education expense, and tuition repayment expense.

Status: in_force · Read it on the official government site

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