Wyoming Significantly Restricts Non-Competition Agreements for All, with Special Rules for Physicians, Effective July 1, 2025

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Patricia Tsipras

April 9, 2025

• any non-compete contained in a contract for the purchase and sale of a business or assets of a business.
• any non-compete to the extent that it protects trade secrets, as defined by Wyoming statute.[1]
• any contractual provision providing for the recovery of all or a portion of the expense of relocating, educating, and training an employee, as follows:
  • no more than 100% of the expense for an employee who has served an employer for less than two years;
  • no more than 66% of the expense for an employee who has served an employer for between two years and less than three years; and
  • no more than 33% of the expense for an employee who has served an employer for between three years and less than four years.
• any non-compete with executive and management personnel and officers and employees who constitute professional staff to executive and management personnel.

With respect to physicians, any non-compete in an employment, partnership, or corporate agreement that restricts a physician’s right to practice medicine, as defined by Wyoming statute,[2] upon the termination of the physician’s employment, partnership, or corporate affiliation is void.  Furthermore, a physician may disclose their continuing practice of medicine and new professional contact information to any patient with a rare disorder (as defined in accordance with the National Organization for Rare Disorders or its successor organization) to whom the physician was providing consultation or treatment before termination of employment, partnership, or corporate affiliation.

Wyoming Employers:  This law represents a significant shift in Wyoming law.  Thus, prior to July 1, you should review your template agreements, as well as your policies and procedures, to ensure compliance with the new law, taking into account the applicable exceptions.  Seek legal counsel with questions.

The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Wyoming, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.

[1] Wyoming defines a “trade secret” as the whole or a portion or phase of a formula, pattern, device, combination of devices, or compilation of information, which is for use, or is used, in the operation of a business and which provides the business an advantage or an opportunity to obtain an advantage over those who do not know or use it.  “Trade secret” includes any scientific, technical, or commercial information, including any design, process, procedure, list of suppliers, list of customers, business code, or improvement thereof.  Irrespective of novelty, invention, patentability, the state of the prior art and the level of skill in the business, art, or field to which the subject matter pertains, when the owner of a trade secret takes measures to prevent it from becoming available to persons other than those selected by the owner to have access to it for limited purposes, the trade secret is considered to be: (a) secret; (b) of value; (c) for use or in use by the business; and (d) providing an advantage or an opportunity to obtain an advantage to the business over those who do not know or use it.  See W.S. 6-3-501(a)(xi).

[2] Wyoming defines “practicing medicine” as any person who in any manner:  (a) advertises, holds out, or represents to the public that he is authorized to practice medicine in this state; or (b) offers or undertakes to prevent, diagnose, correct or treat, in any manner, by any means, method or device, any human disease, illness, pain, wound, fracture, infirmity, defect or abnormal physical or mental condition, injury, deformity or ailment, including the management of pregnancy and parturition; or (c) attaches the title of M.D., D.O., P.A., physician, surgeon, osteopathic physician or osteopathic surgeon, doctor, physician assistant or any other words, letters or abbreviations or any combination thereof when used in the conduct of any occupation or profession pertaining to the prevention, diagnosis or treatment of human disease or condition unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this state; or (d) practices osteopathy; or (e) offers or undertakes to prescribe, order, give or administer drugs which can only be obtained by prescription according to law; or (f) renders a determination of medical necessity or appropriateness of proposed treatment.  See W.S. 33-26-102(a)(xi).