Can you have a former patient wants to see you again, can they? (non compete)

In my non compete it stated that I cannot "actively persue any of my patients at my new practice (I recently sold my practice and opened another well out of the required 15 mile radius the non compete required). It has been close to a year and a few of my old patients have tried other practioners, been unhappy, and through word of mouth, heard about my practice. They would like to come and see me again. Now, I have not actively persued these patients, they found me all by themselves. Is there a contract (or perhaps an existing contract) that can be drawn up that the patient signs stating that I did not actively persue them and that they (under their own power and control) decided to see me again? I was hoping to have something like this for them to sign as a precaution in case it interferes with the non compete. It should only seem fair that a patient is fully entitled to make their own decision about who or who not to see for their health related issues.
Any insight or suggestions in this matter would be greatly appreciated.

Thank you

2 answers  |  asked Oct 22, 2009 2:55 PM [EST]  |  applies to California

Unlock Non-Compete Agreements: Keys to Escape

Answers (2)

Ken Koury
She is not quite right. Non compete agreements are generally illegal in CA but there is a limited exception for the sale of a business. No one can answer you without reviewing the document.

posted by Ken Koury  |  Oct 25, 2009 01:19 AM [EST]
Elisa Ungerman
In California, non-compete agreements are illegal and void under the business and professions code. However, there are other laws that cover situations in which clients are actively solicited by the former business clients in order to take business away. Since that does not appear to be the case here - and the non-compete is void, you appear to be safe and need not do anything.

However, I would invest in a consultation with a business attorney in your area so make sure you have your ducks in a row should the buyer of your old practice want a scape goat for his poor performance.

posted by Elisa Ungerman  |  Oct 23, 2009 10:49 AM [EST]

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