Non-compete laws · DE
Delaware physician non-compete law
As of October 21, 2026, Delaware law generally makes non-compete agreements void or unenforceable for physicians, with exceptions.
Generally banned for physiciansChecked 2026-10-21
Covenants not to compete in employment, partnership or corporate agreements between/among physicians that restrict practice in a locale or for a period after the agreement ends are void; other provisions, including reasonable damages tied to termination (which may relate to competition), remain enforceable. (6 Del. C. § 2707)
Limits in the law
- Damages provisions are enforceable if the amount is reasonably related to the injury suffered by termination of the principal agreement, and may include competition-related damages
Who it covers
Physicians, in employment, partnership or corporate agreements 'between and/or among physicians'. No other clinicians (APRNs, PAs, etc.) are named in the statute.
Exceptions
- All non-noncompete provisions of the agreement remain enforceable, including damages provisions reasonably related to the injury from termination
Notes
Unchanged since 1983 (64 Del. Laws c. 175). The text covers agreements 'between and/or among physicians' and does not expressly address hospital or other non-physician employers.
Sources
- 6 Del. C. § 2707 (statute)
- 64 Del. Laws c. 175 (SB 294, 1983) (session-law)
- Becker's Hospital Review, Physician noncompete crackdown: A 50-state guide (Oct 2026) (secondary)
Questions to ask about your contract
- Is the radius measured from your practice site or from every location the employer owns?
- Does the restriction apply if the employer terminates you without cause?
- Is there a buyout, and how is the amount calculated?
- What does your state's law say about physician non-competes?
Not legal advice. This page summarizes the law as written. Whether a particular agreement is enforceable depends on its wording, when it was signed and court decisions. Ask an attorney licensed in Delaware.