When reviewing a physician employment agreement, one clause you will often see is a non-solicitation of patients provision. While it may not sound as restrictive as a non-compete, it can still affect your career options if you leave your current employer.

A non-solicitation clause is essentially a promise that you will not contact your former employer’s patients and encourage them to follow you to a new practice. This means no calls, emails, or other efforts to persuade patients to transfer. Employers include these clauses to protect the patient relationships they have built and invested in over time.  Patients belong to the practice, not to a physician.

For physicians, the important question is whether patients who want to continue seeing you may still do so. In most cases, the answer is yes—patients generally have the right to choose their doctor. The restriction usually applies only if you actively solicit them. Problems arise when contracts are drafted so broadly that they could block you from seeing patients even if they reach out to you first. Some agreements also extend restrictions to employees, referral sources, business contacts or vendors, which can further complicate matters.

It is also important to understand how non-solicitation clauses differ from non-competes. A non-compete limits where you can practice within a set time and geographic radius, while a non-solicitation clause limits who you may contact. Many physician contracts include both, making it essential to review the details carefully.

Before signing, read the language closely. Look at who is covered, how long the restriction lasts, and whether it interferes with patient choice. If possible, negotiate narrower terms, such as limiting the clause only to patients you personally treated. You may also want clear wording confirming that patients can still choose to follow you on their own.

In short, non-solicitation clauses in physician contracts are common but not always straightforward. A careful physician contract review—and negotiation where possible—can help protect your career flexibility and avoid disputes later. Consulting an experienced physician contract lawyer can also make a big difference in understanding your rights and options.

Contact our physician contract lawyer to evaluate your contract and confirm your freedom to contact former patients.