Non-compete laws · WV
West Virginia physician non-compete law
As of October 21, 2026, West Virginia law allows physician non-competes only within limits, including at most 30 miles and 12 months.
Allowed with physician-specific limitsChecked 2026-10-21
Physician noncompetes are limited to one year and 30 road miles from the primary place of practice, and are void if the employer terminates the physician. Applies to contracts entered, modified, renewed or extended on/after July 1, 2017; owner and practice-sale contracts exempt. (W. Va. Code § 47-11E-1 et seq.)
Limits in the law
- Maximum distance
- 30 miles
- Maximum duration
- 12 months
- Miles are road miles from the physician's primary place of practice with the employer
- Void and unenforceable upon termination of the physician's employment by the employer
- Applies to contracts entered into, modified, renewed or extended on or after July 1, 2017; does not abrogate contracts in effect on or before June 30, 2017
Who it covers
Physicians: allopathic or osteopathic doctors fully licensed under W. Va. Code ch. 30, art. 3 or 14, in written contracts with an employer. Other clinicians are not covered.
Exceptions
- Unless the contract provides otherwise, limits do not apply where the physician sold their business or practice (assets, stock, membership interests or otherwise) to the employer
- Unless the contract provides otherwise, limits do not apply to contracts between physicians who are shareholders, owners, partners, members or directors of a health care practice
- Unless the contract states otherwise, the article does not limit provisions on returning property/patient lists/records, repayment of loans, relocation, signing bonuses, practice-establishment inducements or recruiting/education/training costs, nondisclosure, non-solicitation of patients and employees, or liquidated damages
Effective date
The current rule took effect 2017-07-01.
Notes
Enacted 2017 (SB 402); no later amendment appears on the official code pages.
Sources
- W. Va. Code § 47-11E-1 et seq. (statute)
- W. Va. Code § 47-11E-2 (limits) (statute)
- W. Va. Code § 47-11E-3 (other provisions) (statute)
- W. Va. Code § 47-11E-4 (exemptions) (statute)
- W. Va. Code § 47-11E-5 (applicability) (statute)
- 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 West Virginia.