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American Academy of Emergency Medicine

AAEM Position Statement on Restrictions on the Right to Practice

WHEREAS covenants-not-to-compete restrict competition, disrupt continuity of care, and potentially deprive the public of medical services,1 and

WHEREAS the American Medical Association Council on Ethical and Judicial Affairs discourages such covenants-not-to-compete,1 and

WHEREAS covenants-not-to-compete exist in derogation of the Constitutional right to live, travel, and practice one's trade or profession wherever one pleases,2 and

WHEREAS covenants-not-to-compete have been especially prevalent in emergency medicine, jeopardizing the future practice of emergency physicians and potentially placing patients at great risk, therefore be it

RESOLVED that physicians, or a corporate entity controlled by physicians, shall not offer (1) a contract to another physician restricting the right of a physician to practice after termination of the relationship, or (2) a settlement agreement in which a restriction on the physician's right to practice is part of the agreement,3 and be it further

RESOLVED that breach of this policy by a member of the American Academy of Emergency Medicine constitutes an ethical violation, subjecting the member to disciplinary procedures specified in the Academy's Code of Ethics.

 

9/1/05

1. AMA Code of Medical Ethics, Section E-9.02. American Medical Association, 2004, Chicago.
2. U.S. Constitution, art. I, §8[3}; art. IV, § 2; amend. 14
3. Resolution based on Model Rules of Professional Conduct, Rule 5.6, American Bar Association, 20__, Chicago