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Physician Contract Glossary · Restrictive Covenants

Non-Solicitation Clause

A non-solicitation clause bars you from recruiting the practice's patients or staff after you leave.

A non-solicitation clause prohibits you from actively soliciting the employer's patients, employees, or referral sources for a period after departure. It is narrower than a non-compete and often more enforceable, because courts see it as protecting legitimate business interests. The line that matters is between soliciting patients (often barred) and simply being available to those who seek you out (often allowed).

WHAT TO WATCH FOR

Clarify whether the clause bars active solicitation only, or also passive treatment of patients who find you on their own. A clause that bars even seeing patients who follow you voluntarily is far broader than a true non-solicitation.

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