New Mexico Statutes Ann-Chapter 24-Article 1I. Health Care Practitioner Agreements
06/04/2025 New Mexico Sections 24A-4-1 through 24A-4-5
Definitions; Enforceability of a non-compete provision, other provisions void; Enforceability of other provisions; Liquidated damages; Applicability
Restrictive Covenants
Section 24A-4-1. Definitions
As used in Chapter 24, Article 1I NMSA 1978:
A. “agreement” means a written contract to which a health care practitioner is a party; and
B. “health care practitioner” means:
(1) a dentist;
(2) an osteopathic physician;
(3) a physician;
(4) a podiatrist;
(5) a certified registered nurse anesthetist;
(6) a certified nurse practitioner; and
(7) a certified nurse-midwife.
Section 24A-4-2. Enforceability of a non-compete provision, other provisions void
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.
Section 24A-4-3. Enforceability of other provisions