As the Federal Trade Commission (FTC) roots out unfair and anti-competitive work conditions, ACEP strongly supports eliminating restrictive noncompete agreements in health care.
Building on our recent statement, ACEP shared your concerns this week directly with the FTC in a formal response to a request for information (RFI).
Eliminating noncompete clauses would help make sure that every emergency physician is treated fairly by their employer. We must empower emergency physicians to practice in an environment that encourages optimal work conditions and the best possible care for patients.
Emergency medicine is unique. Unlike many other medical specialties, emergency physicians must treat all patients who come through the door, regardless of insurance status or ability to pay. If an emergency physician leaves their job, patients do not follow them to their new practice. Simply put, employers do not lose business when emergency physicians find other jobs.
Meanwhile, consolidation continues to add layers of challenges to emergency physicians’ work environment. When it leads to limited employment options in an area, physicians often have no choice but to accept a noncompete in their contract.
ACEP asked members in 2023 how they are impacted by noncompete agreements. Among respondents self-identified as employees/independent contractors:
- Nine in ten (90 percent) said that noncompete clauses make it harder for emergency physicians to switch employers.
- More than half (52 percent) of all respondents said that noncompete clauses made it more difficult for emergency physicians to find a job.
- Two-thirds (67 percent) said that the noncompete clause has had a general negative impact on their employment.
- More than half (58 percent) said they would seek a different job locally had they not been subject to the clause.
- More than a quarter (26 percent) relocated and/or traveled an hour or more for other employment due to the limitations of their noncompete clause.
Noncompete agreements create challenges felt by employers and group leaders, too.
- More than a third (37 percent) of self-identified group leaders said that noncompete clauses make it more difficult to hire and/or that they have had candidates decline employment because of the noncompete clause.
- Many employers do not have the choice to exclude the noncompete clause, as 73 percent of respondents who use them cited corporate mandates requiring them, including by a contracting hospital system.
ACEP is working closely with the FTC and federal policymakers to share your concerns and experiences to inform enforcement actions.
Your voice makes all the difference as ACEP raises the bar for physician employers, champions improvements to your work conditions, and promotes employer transparency and accountability. We are making progress, and we are proud to be your voice in Washington and across the country, advocating for the changes you need and deserve.
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