HB 165 - AS INTRODUCED
2021 SESSION
21-0122
10/11
HOUSE BILL 165
AN ACT relative to noncompete agreements for certain mental health professionals.
SPONSORS: Rep. Abrami, Rock. 19
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill mandates that certain noncompete provisions in employment contracts for pastoral
psychotherapists, clinical social workers, clinical mental health counselors, and marriage and family
therapists licensed by the board of mental health practice and psychologists licensed by the board of
psychologists, are not enforceable.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 165 - AS INTRODUCED
21-0122
10/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to noncompete agreements for certain mental health professionals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Section; Mental Health Practice; Contract Restrictions Unenforceable. Amend RSA 330-
2 A by inserting after section 22 the following new section:
3 330-A:22-a Certain Contract Restrictions Upon Mental Health Professionals Unenforceable.
4 Any contract or agreement which creates or established the terms of a partnership, employment, or
5 any other form of professional relationship with a pastoral psychotherapist, clinical social worker,
6 clinical mental health counselor, or marriage and family therapist licensed by the board to practice
7 in this state, which includes any restriction to the right of such licensed mental health professional
8 to also practice in any geographic area for any period of time after the termination of such
9 partnership, employment, or professional relationship shall be void and unenforceable with respect
10 to said restriction; provided however, that nothing herein shall render void or unenforceable the
11 remaining provision of any such contract or agreement. The requirements of this section shall apply
12 to new contracts or renewals of contracts entered into on or after the effective date of this section.
13 2 New Section; Psychologists; Contract Restrictions Unenforceable. Amend RSA 329-B by
14 inserting after section 16 the following new section:
15 329-B:16-a Certain Contract Restrictions Upon Psychologists Unenforceable. Any contract or
16 agreement which creates or establishes the terms of a partnership, employment, or any other form of
17 professional relationship with a psychologist licensed by the board to practice in this state, which
18 includes any restriction to the right of such psychologist to also practice in any geographic area for
19 any period of time after the termination of such partnership, employment, or professional
20 relationship shall be void and unenforceable with respect to said restriction; provided however, that
21 nothing herein shall render void or unenforceable the remaining provision of any such contract or
22 agreement. The requirements of this section shall apply to new contracts or renewals of contracts
23 entered into on or after the effective date of this section.
24 3 Effective Date. This act shall take effect January 1, 2022.