Non-compete laws · WA

Washington physician non-compete law

As of October 21, 2026, Washington has no statute specific to physician non-competes; general non-compete law and court decisions apply.

No physician-specific statuteChecked 2026-10-21

Until June 30, 2027, RCW 49.62 allows non-competes, including physicians', only if disclosed in writing at hiring and the worker's earnings exceed annual thresholds ($126,858.83 employees; $317,147.09 contractors in 2026); over 18 months presumed unreasonable. No physician-specific rule. (RCW 49.62 (versions effective until and from June 30, 2027))

Scheduled change, 2027-06-30: ESHB 1155 (Laws of 2026, ch. 149): all noncompetition covenants become void regardless of when signed. Customer or patient nonsolicitation of up to 18 months, confidentiality, trade-secret and 1%+ ownership-sale covenants remain allowed. Employers must notify affected current and former workers by Oct. 1, 2027.

Limits in the law

  • Pay threshold: Employee annualized W-2 earnings from the enforcing party must exceed $100,000 adjusted annually ($126,858.83 for 2026 per L&I); independent contractors must exceed $250,000 adjusted ($317,147.09 for 2026).
  • Terms must be disclosed in writing no later than acceptance of the offer; if signed after employment begins, independent consideration is required (RCW 49.62.020(1)(a)).
  • If the employee is laid off, enforcement requires paying base salary for the enforcement period minus subsequent earnings (RCW 49.62.020(1)(c)).
  • Duration over 18 months after termination is presumed unreasonable; rebuttable only by clear and convincing evidence (RCW 49.62.020(2)).
  • Restrictions on accepting or transacting business with a customer count as non-competes (RCW 49.62.010(4)).
  • Clauses requiring Washington-based workers to litigate outside Washington or applying another state's law are void (RCW 49.62.050).

Who it covers

All employees and independent contractors, including physicians and other clinicians; no profession-specific provisions.

Exceptions

  • Nonsolicitation agreements (employees; current customers)
  • Confidentiality agreements
  • Covenants protecting trade secrets or inventions
  • Sale or purchase of a business's goodwill, or acquisition/disposition of an ownership interest of 1% or more
  • Franchisee covenants where the franchise sale complies with RCW 19.100.020(1)

Effective date

The current rule took effect 2020-01-01.

Notes

Current rules apply to proceedings commenced before June 30, 2027. ESHB 1155 (signed March 23, 2026) also repeals the earnings thresholds and limits nonsolicitation to 18 months and to customers or patients the worker directly developed.

Sources

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 Washington.