Resource Guide

    Are Non-Compete Clauses in Therapist Contracts Enforceable?

    Non-compete enforceability depends on state law. The federal FTC ban was vacated. What therapists should know before signing a contract.

    Resources for Therapists2 min readReviewed by ValorWellUpdated October 14, 2026

    The short answer

    It depends on your state. There's no federal ban in force: the FTC's 2024 rule was set aside by a court, and the FTC dropped its appeal in 2025. Some states ban or limit non-competes, including for health care workers, while others enforce reasonable ones. Have a contract with a non-compete reviewed before you sign.

    Is there a federal ban on non-competes?

    No. The Federal Trade Commission adopted a rule in 2024 banning most non-competes, but a federal court set it aside before it took effect. In September 2025, the FTC voted to dismiss its appeals and accept that outcome. See the FTC's announcement.

    That leaves non-competes to state law, plus the FTC's general authority over unfair competition in individual cases.

    What does state law say?

    It varies widely:

    • Some states ban most non-competes for most workers.
    • Some states limit them for health care providers specifically, or for workers below an income level.
    • Many states enforce them if reasonable in time, geography, and scope, and if they protect a legitimate business interest.

    Courts also weigh the public interest, and some are reluctant to enforce non-competes that keep patients from their chosen provider. Check your state's current law; it changes often.

    Non-compete vs. non-solicitation: what's the difference?

    Non-competeNon-solicitation
    LimitsWorking in similar roles in an area for a timeReaching out to the organization's clients or staff
    Effect on youCan block where you workUsually narrower
    Client choiceCan interfereClients generally can still choose to follow

    Non-solicitation clauses are more common and more often enforced.

    What should you look for before signing?

    • How long does it last, and over what area?
    • Does it apply to telehealth, which has no geography?
    • Does it bar you from seeing clients who seek you out?
    • What happens if you're let go, rather than leaving?
    • Is there a buyout?

    Ask to remove or narrow anything that would block you from earning a living or keep clients from continuing with you.

    How ValorWell handles this

    ValorWell's contractor arrangement is nonexclusive. Therapists can keep a private practice, other contracts, or other employment. They can leave at any time, with the expectation of clinically appropriate notice so ValorWell can find each client a new clinician.

    Important limits

    • This isn't legal advice. Non-compete law is state-specific and changing. An employment attorney in your state can review a contract.
    • Ethics still apply. Any departure has to protect clients from abandonment.
    • Read every contract, including ValorWell's, before you sign.

    Frequently asked questions

    Treat Veterans and their families with ValorWell

    Licensed therapists keep clinical control. ValorWell handles credentialing, billing, and claims.