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Virginia law, May 2026

Virginia employers can't make nurses or doctors sign noncompetes

Carried by

No photo on file, so initials stand in.

  • $10,000 civil penalty for each violation by an employer
  • 6 state licensing boards whose professionals are covered

Working now. In effect since July 2026.

What it means for you

Since July 1, 2026, Virginia employers can't put noncompetes in new or renewed contracts for licensed nurses, doctors, counselors, optometrists, psychologists, or social workers—or enforce or threaten to enforce those clauses. Each violation carries a $10,000 civil penalty.

Who benefits: Health care workers licensed, registered, or certified by Virginia's Boards of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work, along with patients they were treating, whom the law allows them to tell about their new practice and right to choose a provider.

If you’re a nurse, doctor, nurse practitioner, counselor, psychologist, optometrist, or social worker licensed in Virginia, your employer can no longer put a noncompete in a new or renewed contract. Noncompetes block you from working nearby for a competitor after you leave. Some covered up to 60 miles and two years. Each employer violation carries a $10,000 civil penalty.

You don’t have to apply for this protection. It covers agreements entered into or renewed on or after July 1, 2026; earlier contracts are not undone unless renewed after that date. Employers can still use confidentiality agreements, narrow limits on soliciting patients you treated, noncompetes tied to selling a practice, and repayment of things like signing bonuses or training costs if you leave within five years. When you leave a job, you may tell patients you were treating where you’re going to practice next and remind them that they can choose their provider.

Sen. Schuyler VanValkenburg started the push after hearing from clinicians who felt stuck in their contracts, and Del. Charniele Herring carried the identical House bill. Nurse practitioners and doctors backed it, saying noncompetes drive clinicians away from areas that already don’t have enough of them. Sentara, a large health system, opposed it. The Senate passed the bill 40–0 and the House agreed to the Senate version 95–2. Gov. Abigail Spanberger added amendments and signed it on May 14, 2026.

Work and wagesHealth careRights

Sources

  1. 2026 Virginia Acts of Assembly, Chapter 1113Virginia Legislative Information System, May 14, 2026
  2. Virginia Code § 40.1-28.7:8, Covenants not to compete prohibitedVirginia Legislative Information System, November 10, 2026
  3. Virginia bill would ban noncompete clauses for health care professionalsWHRO Public Media, February 19, 2026
  4. Employment Law Update—New Restrictions on Virginia Non-Competes Take Effect Next MonthWhiteford, June 9, 2026

How we checked this

Drafted by Claude Opus 5.5 (Anthropic) on November 12, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 12, 2026, which corrected it. Confirmed the enacted chapter, current Virginia Code, legislative history, credits, and vote totals. Clarified that the ban applies prospectively and replaced secondary vote citations with official roll calls.

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From left: Chi Ossé (D), Bill Stanley (R), and Louise Lucas (D).

From left: Chi Ossé (D), Bill Stanley (R), Louise Lucas (D), Emmett Hanger (R), and Michelle Hinchey (D).

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tab

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tabSee the photo of Hanger (Senate of Virginia), opens in a new tab© Senate of Virginia, used as a drawing reference.See the photo of Hinchey (NY Senate, via Wikimedia Commons), opens in a new tabCC BY 2.5.