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Can a home care agency make caregivers sign a non-compete in Montana?
Last verified October 17, 2026 · All Montana resources
Restricted. Montana's code voids contracts that restrain anyone from a lawful trade, except for the sale of a business or the dissolution of a partnership. Courts have allowed limited employee covenants that are reasonable and supported by consideration, but enforce them rarely. Many licensed health professionals, including RNs, are fully protected by statute; unlicensed caregivers are not named.
| Status | Restricted |
|---|---|
| Healthcare-specific rule | Contracts may not restrict physicians, psychologists, naturopathic physicians, licensed social workers and counselors, behavioral health peer support specialists, registered nurses, APRNs or physician assistants from practicing anywhere after the relationship ends, or from treating or soliciting the employer's current patients (MCA 28-2-724, amended 2025). |
| Statute | MCA 28-2-703 to 28-2-705; 28-2-724 |
| Latest change | 2025-04-16 |
What about a client hiring your caregiver directly?
That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.
What should you confirm?
How Montana courts apply the statute to employee non-competes comes from a law firm survey of case law.
General information, not legal advice.
More for Montana
Non-compete rules by state: other states
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