A. A non-compete provision in an agreement, which provision restricts the right of a health care practitioner to provide clinical health care services in this state, shall be unenforceable upon the termination of: (1) the agreement; (2) a renewal or extension of the agreement; or (3) a health care practitioner's employment with a party seeking to enforce the agreement. B. A provision in an agreement for clinical health care services to be rendered in this state is void, unenforceable and against public policy if the provision: (1) makes the agreement subject to the laws of another state; or (2) requires any litigation arising out of the agreement to be conducted in another state. History: Laws 2015, ch. 96, § 2; 2017, ch. 123, § 2; § 24-1I-2, recompiled as § 24A-4-2 by Laws 2024, ch. 39, § 132. Recompilations. — Laws 2024, ch. 39, § 132 recompiled former 24-1I-2 NMSA 1978 as 24A-4-2 NMSA 1978, effective July 1, 2024. The 2017 amendment, effective April 6, 2017, made certain provisions in clinical health care services agreements void and unenforceable; in the catchline, added "other provisions void"; added the subsection designation "A." to the previously undesignated first sentence and redesignated former Subsections A through C as Paragraphs A(1) through A(3), respectively; and in Subsection A, in the introductory sentence, after "health care services", added "in this state"; and added Subsection B.
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