Noncompete Clauses in Applied Behavior Analysis: A Prevalence and Practice Impact Survey

Brown, Kristopher J.; Flora, Stephen R.; Brown, Mary K.

doi:10.1007/s40617-020-00469-0

Cited by 5 publications

(2 citation statements)

References 13 publications

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“…covenants can cause harmful disruption of the patientphysician relationship, which is the foundation of clinical care. 13 Physicians are integrally involved in the community.…”

Section: Orthopedic Reviewsmentioning

confidence: 99%

“…8 NCCs in business were initially established to prevent turnover, and in many cases, to prevent an employee who received training regarding a specific technology from competing with the former employer. 13,14 In medicine, the services provided by the surgeon are learned and acquired prior to employment; the employer is not providing proprietary trade secrets, knowledge, or skills that would protect the employer from unfair competition. Instead, the purpose of the NCC is largely to deter a physician from leaving an employer by not allowing them to continue to practice in the same community, which can give an unfair leverage to employers/large hospital systems.…”

Section: Introductionmentioning

confidence: 99%

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The Impact of a Non-Compete Clause on Patient Care and Orthopaedic Surgeons in the State of Louisiana: Afraid of a Little Competition?

et al. 2022

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Background Non-compete clauses (NCC) are commonly required for physicians practicing in an employed model. With growing pressures driving surgeons to practice in an employed model instead of physician-led practices, the purpose of this survey was to determine the impact of NCCs on orthopaedic surgeons and their patients in Louisiana. Methods A voluntary, single-mode online survey containing 23 questions was created using the Qualtrics XM Platform (Qualtrics, Provo, UT) and distributed to 259 orthopaedic surgeons who are members of the Louisiana Orthopaedic Association. Survey questions assessed the prevalence and details of existing NCCs and perceptions of their impact on surgeons’ practice, patients, and personal life. Results 117 members responded (response rate: 45.2%), of which 91 (77.8%) finished the survey. Nearly half (44%) of respondents had an expired or active NCC in their contract. Most (84.3%) believed NCCs give employers unfair leverage during contract negotiations. NCCs have deterred or would deter 71.4% of respondents from accepting another job offer. Respondents believed NCCs negatively impact patients, including forcing patients to drive long distances to maintain continuity of care (64.4%) and forcing surgeons to abandon their patients if they seek new employment (76.7%). Many respondents reported NCCs also exert significant detrimental effects on their personal life, including mandatory relocation of their family (67.0%). Nearly all (97.8%) believed such clauses have become unreasonable over the last decade with the rise of large hospital conglomerates. Most surgeons (83.7%) believed that removal of NCCs from all orthopaedic surgeons’ contracts would improve the overall healthcare of orthopaedic patients in Louisiana. Conclusion Perceptions of NCCs were overwhelmingly negative among orthopaedic surgeons in Louisiana. Such clauses give employers an unfair advantage during contract negotiations and exert a significant detrimental impact on surgeons and their patients. While NCCs may be reasonable in the business sector and other professions, it is unclear how such clauses benefit surgeons or improve patient care and may be detrimental to both. Study Design Cross-sectional Survey

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“…covenants can cause harmful disruption of the patientphysician relationship, which is the foundation of clinical care. 13 Physicians are integrally involved in the community.…”

Section: Orthopedic Reviewsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%