In comments to the Federal Trade Commission (FTC), the American Society of Anesthesiologists (ASA) called for states to develop and apply regulations that would outlaw unreasonable and egregious non-compete agreements. Citing shortcomings within the proposed rule, including whether the rule could apply to non-profit hospitals and facilities, ASA stated its support for state legislatures and regulatory bodies to issue smart, targeted regulations to address non-compete agreements.
In March, more than 300 anesthesiologists responded to an informal ASA survey on how non-competes affected their careers. A majority of respondents described how non-competes limited their career progression, affected their wages, and led many anesthesiologists to seek employment in locations far from their previous job. Other anesthesiologists suggested that non-compete agreements protected their groups from purchase or having to annually renegotiate their contact with hospitals and other facilities. ASA used these comments to describe the variety of non-compete clauses to the FTC, including how a one-size-fits-all approach to banning non-competes would fail to address the nuances of a complex health care system.
ASA offered the FTC and states considering non-compete regulation additional recommendations, such as:
E-mail the ASA Department of Quality and Regulatory Affairs at firstname.lastname@example.org for more information.
Date of last update: April 20, 2023