On March 20, 2023, AAPM&R submitted comments to the Federal Trade Commission (FTC) in support of a proposed rule which would prohibit non-compete clauses. AAPM&R recognizes the detrimental impact non-compete clauses have had on many of our members as well as the resulting access issues faced by patients. As noted in our letter, the Academy asserts that practices and hospitals should not have the ability to restrict physician mobility using agreements that have nothing to do with patient or community need. We understand that non-compete clauses have resulted in some Academy members having to make difficult decisions around uprooting their families. Other members have chosen to drive several counties away to avoid violating non-compete clauses associated with large multi-site practices. And finally, as noted in our comment letter, we have serious concerns about how non-compete clauses are used in contracting with early career physicians who are particularly vulnerable and may not have the ability to advocate as strongly for themselves in contracting situations.
The FTC is accepting public comment on their proposed rule through April 19, 2023. Academy members are encouraged to submit their own comments on the rule, including personal stories if you are comfortable sharing. Comments may be submitted anonymously. Comments may be submitted electronically on the Regulations.gov website. Your Academy will be monitoring this issue in the coming months as the FTC reviews the comments submitted and considers a final rule.