As we previously reported, Virginia recently enacted Senate Bill 170 (“the Act”), which takes effect July 1, 2026, and expands the Commonwealth’s existing restrictions on noncompete agreements by rendering such agreements void and unenforceable when an employer terminates an employee without cause.

On May 14, 2026, by way of Senate Bill 128 (“SB 128” or the “Amendment”), Virginia broadened the Act to prohibit noncompetes for “health care professionals, ” effective July 1, 2026.

Overview of the Amendment

SB 128 amends the Act to prohibit employers from entering, enforcing, or threatening to enforce a covenant not to compete with a “health care professional”, defined as “any person licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work.” Case law in Virginia suggests that restrictions on noncompetes apply to employee non-solicitation clauses. Therefore, it is possible that employee non-solicitation clauses are also unenforceable against health care professionals, but this remains an open issue.

Importantly, Section 2 of the Amendment makes clear that the Amendment does not apply retroactively. Therefore, the Amendment does not invalidate or affect any contract or covenant entered into or renewed prior to July 1, 2026.

A health care professional may bring a civil action to challenge a noncompete within two years of the latest of: the date the noncompete was signed, the date the health care professional learns...

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