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SB 128

Covenants not to compete; includes health care professionals, civil penalty.

2026 Regular Session Introduced by Schuyler VanValkenburg

SB 128 extends Virginia's non-compete restrictions to healthcare professionals and establishes civil penalties for violating employers.

Bill text as passed Senate and House (SB128ER)
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Bill Summary · SB 128

Legislative bill overview

SB 128 expands Virginia's restrictions on non-compete agreements to explicitly include health care professionals and establishes civil penalties for violations. The bill modifies existing covenants not to compete law to clarify protections for healthcare workers and create enforcement mechanisms through civil remedies.

Why is this important

Non-compete agreements can significantly restrict workers' ability to change jobs or start competing businesses. For healthcare professionals facing geographic mobility restrictions, this can limit career options and potentially affect patient access to care in underserved areas. The addition of civil penalties provides an enforcement tool that may deter employers from using overly restrictive agreements.

Potential points of contention

  • Healthcare industry concerns: Hospitals and medical practices may argue that non-competes protect their investments in training and patient relationships, particularly in competitive urban markets
  • Definition and scope ambiguity: Questions about which healthcare roles qualify for protection (physicians only, or nurses, technicians, administrative staff?) and what constitutes a reasonable restriction
  • Civil penalty amount: Disagreement over whether penalties are sufficiently deterrent without being excessive, and whether they should be tiered based on violation severity or employer size

Compiled from official sources — confirm details with the bill’s official record.

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