everything you want to know (and don't) about arkansas politics

Republican Sponsorship
Healthcare

SB139

To Clarify That A Covenant Not To Compete Agreement Is Unenforceable For Certain Licensed Medical Professionals.

Passed

Last Action (March 4, 2025): Notification that SB139 is now Act 232

Sponsors

AI-Generated Summary

Senate Bill 139 seeks to amend Arkansas law regarding covenants not to compete (non-compete agreements) as they apply to specific medical professionals. The bill explicitly declares that any covenant not to compete that restricts a physician's right to practice within their scope of practice is void. The legislation defines "physician" to include those authorized or licensed to practice medicine under the Arkansas Medical Practices Act and those authorized to practice osteopathy. It further clarifies that these changes do not apply to non-compete agreements ancillary to the sale of a business or franchise agreements, nor does it impact protections under the Arkansas Trade Secrets Act. The bill effectively prohibits hospitals and medical groups from enforcing non-compete clauses against these specific categories of medical providers in employment contracts. The objective is to limit restrictions on the professional mobility of physicians and osteopaths in the state.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are licensed physicians and osteopaths practicing in Arkansas, who would gain greater freedom to change employers or start their own practices without the threat of legal action arising from non-compete agreements. Patients may also benefit from increased access to care, as the removal of these restrictive covenants could facilitate the movement of doctors to underserved areas or enable them to continue practicing at convenient locations despite changing employment.

Who Might Suffer?

Medical practices, hospitals, and healthcare systems that employ physicians would be negatively impacted, as they would lose the ability to use non-compete agreements to protect their investments in physician recruitment, training, and patient base stability. These organizations may face increased competition for talent, potential turnover of staff to rival entities, and concerns regarding the retention of proprietary information or patient continuity when a physician departs.

Vote Records

Third Reading

March 3, 2025
Yea: 86 Nay: 5 NV: 9 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Tracy Steele Democrat House Yea
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House NV
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House NV
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Mike Holcomb Republican House NV
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House NV
Robin Lundstrum Republican House NV
Dwight Tosh Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Nay
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Marcus Richmond Republican House Yea
Deann Vaught Republican House NV
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jimmie Gazaway Republican House NV
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Nay
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Nay
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House Yea
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Yea
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Nay
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Ashley Hudson Democrat House NV
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Nay
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Yea
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Glenn Barnes Democrat House Yea
Lincoln Barnett Democrat House Yea
Alyssa Brown Republican House Yea
Nick Burkes Republican House Yea
Paul Childress Republican House Yea
James Eaton Republican House Yea
Brad Hall Republican House Yea
Dolly Henley Republican House Yea
Jessie McGruder Democrat House Yea
Jason Nazarenko Republican House Yea
Randy Torres Republican House Yea
Diana Gonzales Worthen Democrat House Yea

Third Reading

Feb. 18, 2025
Yea: 28 Nay: 2 NV: 3 Absent: 2 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate NV
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate NV
Frederick Love Democrat Senate Nay
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Absent
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Nay
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Jamie Scott Democrat Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate NV
Joshua Bryant Republican Senate Absent
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us