A non-compete is a contract clause that restricts where you can work after leaving an employer, usually within a set radius and for a set time. For CRNAs they appear in hospital employment agreements, group contracts, and staffing agency paperwork, and they are governed by state law.
One thing to clear up first. The FTC's nationwide ban on non-competes never took effect, and as of 2026 it is dead. Non-competes remain legal in most states, within limits.
Key points
- The FTC ban was vacated; state law decides everything in 2026.
- Clauses turn on three dials: time, geography, and scope.
- Ask what happens if the employer loses the facility contract.
- Many employers will narrow a clause in writing if asked.
How a CRNA non-compete works
A typical clause has three dials: time, geography, and scope. For example, it might bar you from providing anesthesia services within 25 miles of any facility where you worked, for one year after separation. Some versions list specific facilities instead of a radius.
Related clauses travel with it. A non-solicitation clause bars recruiting the employer's staff or clients. A liquidated damages clause names a dollar amount you owe if you breach. Read all three together, because a narrow non-compete can hide a broad non-solicit.
Non-competes matter most where the employer holds the facility relationships. If your group loses the hospital contract, a non-compete can block you from staying at your own hospital under the new group. Ask how the clause treats a contract loss before you sign; /crna-contract-negotiation/ covers the broader negotiation.
What courts look at
Enforceability is a state law question, and courts in most states apply a reasonableness test. Common factors include:
- Protectable interest. The employer must be protecting something legitimate, like client relationships or confidential information, and courts differ on how that applies to clinicians.
- Reasonable time and geography. Restrictions that outrun the legitimate interest get struck down or narrowed.
- Public interest. Some courts weigh patient access to care, which can cut in a clinician's favor, especially in underserved areas.
- Hardship. Whether the clause effectively prevents you from earning a living in your field.
Some states let judges rewrite an overbroad clause to something enforceable, others void it entirely. A handful of states ban most employment non-competes outright, and a growing number restrict them for healthcare workers or below income thresholds. The variation is wide enough that the same clause can be enforceable in one state and void next door. Check your state's current statute.
Where the FTC rule stands in 2026
In April 2024 the FTC issued a rule banning nearly all non-competes nationwide. In August 2024, before the rule's effective date, a federal district court in Ryan, LLC v. FTC set the rule aside nationwide, holding the FTC lacked authority to issue it.
The FTC appealed, then dropped the fight. On September 5, 2025, the Commission voted to dismiss its appeals in the Fifth and Eleventh Circuits and accede to the vacatur. The rule is not in effect and is not coming back in that form.
The FTC has not gone quiet, though. In September 2025 it sent warning letters to healthcare employers and staffing companies about potentially unlawful non-compete use, signaling case-by-case enforcement under existing antitrust law. For CRNAs the practical takeaway is simple: in 2026, your state's law decides what your non-compete is worth.
Questions to ask before signing
- What exactly is restricted: all anesthesia work, or work for competitors, and at which locations?
- How long does it last, and over what geography? Map the radius against where you actually live.
- What happens if the employer terminates me without cause, or loses the facility contract? Push for the clause to fall away in those cases.
- Is there a buyout or liquidated damages number, and is it rational?
- Does it cover 1099 or moonlighting work I already do? See /crna-moonlighting/ and /1099-crna/.
- Will the employer narrow it in writing? Many will, and silence costs you nothing to break.
Keep a signed copy of everything. If you are already bound and considering a move, map the clause against the jobs you want before you resign. Browse options at /best-crna-jobs/ and compare markets at /crna-salary-by-state/.
Are non-competes enforceable against CRNAs?
Often yes, depending on the state and how the clause is written. Some states ban or sharply limit them, including for healthcare workers specifically, so the answer is local.
Did the FTC ban non-competes?
It tried. The 2024 rule was vacated by a federal court before taking effect, and in September 2025 the FTC dismissed its appeals and accepted the vacatur. No federal ban is in effect in 2026.
Do non-competes apply to 1099 contractors?
They can, if the contract includes one. Independent contractor status does not automatically void a restrictive covenant, though some state statutes treat contractors differently.
This page is general information, not legal advice. Have an employment attorney licensed in your state review any non-compete before you sign it or test it.
Sources
- FTC press release, Federal Trade Commission Files to Accede to Vacatur of Non-Compete Clause Rule (September 5, 2025)
- O'Melveny, Court Sets Aside FTC's Rule Banning Non-Compete Agreements (Ryan, LLC v. FTC)
- Duane Morris, FTC Issues Noncompete Warning Letters to Healthcare Employers and Staffing Companies (September 2025)
- FTC, Noncompete Rule page