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Can a home care agency make caregivers sign a non-compete in New Mexico?
Last verified October 17, 2026 · All New Mexico resources
Generally enforceable if reasonable. New Mexico has no general non-compete statute. Courts enforce covenants that are reasonable for the employer, employee and public. The only statutory limits protect certain licensed health care practitioners, so caregivers are not exempt by statute.
| Status | Generally enforceable if reasonable |
|---|---|
| Healthcare-specific rule | Non-competes that restrict certain health care practitioners (such as physicians, osteopathic physicians, dentists, podiatrists and certain advanced practice nurses) from providing clinical services are unenforceable after the agreement ends, with exceptions for practitioner-owners (NMSA 1978 §§ 24-1I-1 to 24-1I-5). Aides and other unlicensed caregivers are not covered. |
| Statute | NMSA 1978 §§ 24-1I-1 to 24-1I-5 (health care practitioners only) |
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?
The list of covered practitioners has been amended over time (2017, 2023); confirm the current list in the official code.
General information, not legal advice.
Sources
More for New Mexico
Non-compete rules by state: other states
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