Bill > S0046

This bill adds a new chapter to South Carolina's legal code addressing healthcare contract provisions that impact physician-patient relationships and the corporate practice of medicine. The legislation declares certain contract restrictions void and unenforceable, specifically protecting physicians' professional autonomy by prohibiting agreements that limit their ability to treat patients, practice in certain geographic areas, or maintain patient relationships after leaving an employment arrangement. The bill specifies several unenforceable restrictions, including non-compete clauses, limitations on patient communication, and provisions that interfere with a physician's independent medical judgment. However, the law does allow for some reasonable provisions, such as repayment of relocation or recruitment expenses for physicians who leave an organization before three years, and protection of legitimate business interests like trade secrets and confidential business information. Physicians who are adversely affected by prohibited contract provisions can seek legal remedies, including injunctions and damages. The bill applies to contracts entered into or renewed after its effective date, and it aims to preserve physicians' professional independence while providing some flexibility for healthcare organizations to protect their business interests.

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https://www.scstatehouse.gov/billsearch.php?billnumbers=46&session=126&summary=B