Text: SSB03112 Text: SSB03114 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 148.12, Code 1999, is amended to read
1 2 as follows:
1 3 148.12 VOLUNTARY AGREEMENTS TO RESTRICT PRACTICE.
1 4 1. The medical examiners, after due notice and hearing,
1 5 may issue an order to revoke, suspend, or restrict a license
1 6 to practice medicine and surgery, osteopathic medicine and
1 7 surgery, or osteopathy, or to issue a restricted license on
1 8 application if the medical examiners determine that a
1 9 physician licensed to practice medicine and surgery,
1 10 osteopathic medicine and surgery, or osteopathy, or an
1 11 applicant for licensure has entered into a voluntary agreement
1 12 to restrict the practice of medicine and surgery, osteopathic
1 13 medicine and surgery, or osteopathy in another state,
1 14 district, territory, or country. A certified copy of the
1 15 voluntary agreement shall be considered prima facie evidence.
1 16 2. a. A physician licensed to practice medicine and
1 17 surgery, osteopathic medicine and surgery, or osteopathy shall
1 18 not enter into or participate in any contract, agreement, or
1 19 arrangement that restricts the right of any physician to
1 20 practice medicine and surgery, osteopathic medicine and
1 21 surgery, or osteopathy after the termination of the contract,
1 22 agreement, or arrangement.
1 23 b. A contract, agreement, or arrangement that violates
1 24 paragraph "a" is contrary to public policy, and is void and
1 25 unenforceable.
1 26 c. This subsection shall not apply to any contract,
1 27 agreement, or arrangement restricting the right of any
1 28 physician to practice medicine and surgery, osteopathic
1 29 medicine and surgery, or osteopathy as a condition of
1 30 receiving payments or benefits in conjunction with retirement.
1 31 Sec. 2. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
1 32 This Act, being deemed of immediate importance, takes effect
1 33 upon enactment, and applies to contracts, agreements, and
1 34 arrangements made or entered into before, on, or after the
1 35 effective date of this Act.
2 1 EXPLANATION
2 2 This bill prohibits contracts, agreements, or arrangements
2 3 that restrict the right of a physician to practice medicine
2 4 and surgery, osteopathic medicine and surgery, or osteopathy
2 5 after termination of the contract, agreement, or arrangement,
2 6 and provides that such contracts, agreements, and arrangements
2 7 are void and against public policy.
2 8 The bill takes effect upon enactment, and provides for
2 9 retroactive applicability to contracts, agreements, and
2 10 arrangements entered into before, on, or after the effective
2 11 date.
2 12 LSB 6510SC 78
2 13 jj/as/5
Text: SSB03112 Text: SSB03114 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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