State Law

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