Tennessee legislation · 114th General Assembly
Tennessee HB1034: AN ACT to amend Tennessee Code Annotated, Title 50; Title 63 and Title 68, relative to covenants not to compete.
Status: Chaptered, May 15, 2026
Fiscal Summary NOT SIGNIFICANT Bill Summary Present law provides that a restriction on the right of an employed or contracted healthcare provider to practice the healthcare provider's profession upon termination or conclusion of the employment or contractual relationship (a "noncompete" agreement) is reasonable if: (1) The restriction is set forth in an employment agreement or other written document signed by the healthcare provider and the employing or contracting entity; and (2) The duration of the restriction is two years or less and either: (A) The maximum allowable geographic restriction is the greater of a 10-mile radius from the primary practice site or the county where the primary practice is located; or (B) There is no geographic restriction, but the healthcare provider is restricted from practicing the healthcare provider's profession at any facility at which the employing or contracting entity provided services while the healthcare provider was employed or contracted with the employing or contracting entity. The healthcare providers to whom the requirements for a noncompete agreement apply under present law are podiatrists, chiropractors, dentists, medical physicians, osteopathic physicians, and psychologists. This bill declares void and unenforceable a restriction on the right of any employee or contractor to practice the employee's or contractor's profession upon termination or conclusion of the employment or contractual relationship, except in cases of physicians from whom the employing entity has made a bona fide purchase of the physician's practice and further provided that any such agreement must meet the reasonable time and distance limits and contain a buy-back option. ON APRIL 16, 2026, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 1034, AS AMENDED. AMENDMENT #2 r
What the bill says
From the amended text:
Senate Commerce and Labor 1 Amendment No. 1 to SB0995 Bailey Signature of Sponsor AMEND S e n ate Bill No. 995* House Bill No. 1034 by deleting all language after the enacting clause and substituting: SECTION 1. Tennessee Code Annotated, Title 50, Chapter 1, Part 2, is amended by adding the following as new sections: 50-1-210. Reasonableness in time of restrictive covenants -- Rebuttable presumptions. (a) In determining the reasonableness in time of a restrictive covenant sought to be enforced after the termination of an employment or business relationship, a court shall apply the rebuttable presumptions established in this section. A court shall presume that a time restraint greater than the applicable restraint described in subdivision (b)(1), (b)(2), or (b)(3) is unreasonable. (b) (1) A court shall presume to be reasonable in time a restraint sought to be enforced against a former employee or independent contractor that: (A) Is two (2) years or less in duration, measured from the date the employment or business relationship terminates; and (B) Is not associated with the sale or ownership of all or a material part of: (i) The assets of a business, professional practice, or other commercial enterprise; (ii) The shares of a corporation; (iii) A partnership interest; SA1007 (iv) A membership interest in a limited liability company; or (v) Any other …