# Virginia SB128: Covenants not to compete; includes health care professionals, civil penalty. Virginia SB128, Covenants not to compete; includes health care professionals, civil penalty., is a 2026 Regular Session Senate bill sponsored by Schuyler T. VanValkenburg (Democratic); status signed, last action 2026-05-14 (Acts of Assembly Chapter text (CHAP1114)); PRIA reads it as touching household money (as of 2026-10-12). - Canonical: https://policyrisk.com/state-bill/VA-SB128-2026 - As of: 2026-10-12 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Virginia SB128 - State: Virginia - Session: 2026 Regular Session - Title: Covenants not to compete; includes health care professionals, civil penalty. - Status: signed - Chamber: Senate - Introduced: 2026-01-06 - Last action: 2026-05-14, Acts of Assembly Chapter text (CHAP1114) - Sponsor: Schuyler T. VanValkenburg (Democratic) - Cosponsors: 0 - Touches household money: yes - Roll calls: 13 (355 yes, 8 no in all) - Economic provisions PRIA read: 6 ## Summary Covenants not to compete; health care professionals; civil penalty. Adds health care professionals as a category of employee with or upon whom no employer shall enter into, enforce, or threaten to enforce a covenant not to compete. The bill defines "health care professional" as any person licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work. The bill provides that any employer that violates the prohibition against covenants not to compete with a health care professional is subject to the civil penalty in current law of $10,000 for each violation. This bill is identical to HB 627. ## Bill overview: provisions PRIA read - Workers can challenge unlawful noncompetes: benefit, medium. Covered workers can sue a former employer or another person who tries to enforce an unlawful noncompete. The filing deadline is two years after the latest of four events: signing, learning of the agreement, employment ending, or an enforcement step. Courts can cancel the agreement, block enforcemen… - Health care workers face recruiting repayment: cost, medium. Employers can require covered health care professionals to repay recruiting costs through an employment agreement. This applies when the professional has worked for that employer for fewer than five years. Repayment can cover all or a prorated share of moving costs, signing or retention bonuses, an… - Employers face noncompete fines and notices: cost, medium. Employers face a $10,000 civil penalty for each noncompete violation the Commissioner finds. Every employer must post the law’s noncompete rules or a Department-approved summary alongside other required employee notices. Failure to post brings a written warning first, up to $250 second, and up to $… - Worker noncompete ban leaves older agreements unchanged: mixed, high. Employers cannot make, enforce, or threaten to enforce noncompetes against covered low-wage workers or health care professionals. Noncompetes restrict work that competes with a former employer after employment ends. Covered professionals hold licenses, registrations, or certifications from Virginia… - Health care workers face patient solicitation limits: mixed, low. Employers can enforce narrow agreements limiting a health care professional’s efforts to seek customer business after leaving. Agreements must state a time period and cover only customers or actively sought prospects the professional had material contact with. Limits apply only to the same or subst… - Health practice sales keep limited noncompetes: mixed, low. Agreements can still protect trade secrets and private or proprietary business information, but cannot disguise a banned noncompete. Certain noncompetes remain allowed when a health care professional or their business sells a practice or business. Qualifying sales cover all or substantially all ope… ## Sponsors and cosponsors - Sponsor: Schuyler T. VanValkenburg (Democratic), Senate ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-04-22 | Senate | Governor's recommendation No. 2 passed by (Voice Vote) | pass | 0 | 0 | | | 2026-04-22 | House | Governor's amendment no. 1 agreed to | pass | 97 | 1 | | | 2026-04-22 | Senate | Senate concurred in Governor's recommendation No. 1 | pass | 39 | 0 | | | 2026-03-06 | House | Passed House | pass | 92 | 6 | | | 2026-02-26 | House | Reported from Labor and Commerce | pass | 20 | 1 | | | 2026-02-13 | Senate | Read third time and passed Senate Block Vote | pass | 39 | 0 | | | 2026-02-12 | Senate | Engrossed by Senate Block Vote (Voice Vote) | pass | 0 | 0 | | | 2026-02-11 | Senate | Reported from Finance and Appropriations | pass | 15 | 0 | | | 2026-02-05 | Senate | Commerce and Labor Substitute agreed to | pass | 0 | 0 | | | 2026-02-05 | Senate | Motion to rerefer to Finance and Appropriations agreed to | pass | 0 | 0 | | | 2026-02-04 | Senate | Passed by for the day Block Vote (Voice Vote) | pass | 0 | 0 | | | 2026-02-04 | Senate | Constitutional reading dispensed Block Vote (on 1st reading) | pass | 40 | 0 | | | 2026-02-02 | Senate | Reported from Commerce and Labor with substitute | pass | 13 | 0 | | ## Actions (46) - 2026-05-14: Acts of Assembly Chapter text (CHAP1114) (Governor) - 2026-05-14: Approved by Governor-Chapter 1114 (effective 7/1/2026) (Governor) - 2026-04-22: Governor's amendment no. 1 agreed to (97-Y 1-N 0-A) (House) - 2026-04-22: Governor's recommendation No. 2 passed by (Voice Vote) (Senate) - 2026-04-22: Senate concurred in Governor's recommendation No. 1 (39-Y 0-N 0-A) (Senate) - 2026-04-22: Reenrolled bill text (SB128ER2) (Senate) - 2026-04-22: Reenrolled (Senate) - 2026-04-22: Governor's Action Deadline 11:59 p.m., May 23, 2026 (Governor) - 2026-04-22: Communicated to Governor (Senate) - 2026-04-22: Signed by President (Senate) - 2026-04-22: Signed by Speaker (House) - 2026-04-22: Governor's recommendation adopted (Governor) - 2026-04-11: Governor's recommendation received by Senate (Governor) - 2026-03-14: Governor's Action Deadline 11:59 p.m., April 13, 2026 (Governor) - 2026-03-14: Enrolled Bill communicated to Governor on March 14, 2026 (Senate) - 2026-03-12: Fiscal Impact Statement from Department of Planning and Budget (SB128) (Senate) - 2026-03-12: Bill text as passed Senate and House (SB128ER) (Senate) - 2026-03-12: Enrolled (Senate) - 2026-03-12: Signed by President (Senate) - 2026-03-12: Signed by Speaker (House) - 2026-03-06: Passed House (92-Y 6-N 0-A) (House) - 2026-03-06: Read third time (House) - 2026-03-05: Read second time (House) - 2026-02-26: Reported from Labor and Commerce (20-Y 1-N) (House) - 2026-02-18: Referred to Committee on Labor and Commerce (House) - 2026-02-18: Read first time (House) - 2026-02-18: Placed on Calendar (House) - 2026-02-13: Read third time and passed Senate Block Vote (39-Y 0-N 0-A) (Senate) - 2026-02-12: Engrossed by Senate Block Vote (Voice Vote) (Senate) - 2026-02-12: Read second time (Senate) - 2026-02-11: Reported from Finance and Appropriations (15-Y 0-N) (Senate) - 2026-02-10: Fiscal Impact Statement from Department of Planning and Budget (SB128) (Senate) - 2026-02-09: Fiscal Impact Statement from Department of Planning and Budget (SB128) (Senate) - 2026-02-05: Rereferred to Finance and Appropriations (Senate) - 2026-02-05: Motion to rerefer to Finance and Appropriations agreed to (Senate) - 2026-02-05: Commerce and Labor Substitute agreed to (Senate) - 2026-02-05: Read second time (Senate) - 2026-02-04: Passed by for the day Block Vote (Voice Vote) (Senate) - 2026-02-04: Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A) (Senate) - 2026-02-04: Rules suspended (Senate) - 2026-02-03: Committee substitute printed 26106892D-S1 (Senate) - 2026-02-02: Senate committee offered (Senate) - 2026-02-02: Fiscal Impact Statement from Department of Planning and Budget (SB128) (Senate) - 2026-02-02: Reported from Commerce and Labor with substitute (13-Y 0-N) (Senate) - 2026-01-06: Referred to Committee on Commerce and Labor (Senate) - 2026-01-06: Prefiled and ordered printed; Offered 01-14-2026 26100840D (Senate) ## Bill text - Chaptered, 2026-05-14: [HTML](https://lis.blob.core.windows.net/files/1225700.HTML), [PDF](https://lis.blob.core.windows.net/files/1225699.PDF) - Reenrolled, 2026-04-22: [HTML](https://lis.blob.core.windows.net/files/1220858.HTML), [PDF](https://lis.blob.core.windows.net/files/1220857.PDF) - Gov Recommendation, 2026-04-11: [HTML](https://lis.blob.core.windows.net/files/1219292.HTML) - Enrolled, 2026-03-12: [HTML](https://lis.blob.core.windows.net/files/1202438.HTML), [PDF](https://lis.blob.core.windows.net/files/1202437.PDF) - Substitute, 2026-02-03: [HTML](https://lis.blob.core.windows.net/files/1108457.HTML), [PDF](https://lis.blob.core.windows.net/files/1108456.PDF) - Substitute, 2026-02-02: [HTML](https://lis.blob.core.windows.net/files/1107916.HTML), [PDF](https://lis.blob.core.windows.net/files/1107915.PDF) - Introduced, 2026-01-06: [HTML](https://lis.blob.core.windows.net/files/1082946.HTML), [PDF](https://lis.blob.core.windows.net/files/1082945.PDF) ## Related bills - HB5: Employment; paid sick leave, civil penalties. (signed) - SB199: Employment; paid sick leave, civil penalties. (signed) - HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement. (signed) - HB1393: Electric utilities; pilot program for energy assistance and weatherization for certain individuals. (signed) - HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, termination by landlord. (signed) - HB675: Protection of employees; coercion or threat based on immigration status, civil penalty. (signed) ## Sources - [Chaptered (HTML)](https://lis.blob.core.windows.net/files/1225700.HTML) - [Chaptered (PDF)](https://lis.blob.core.windows.net/files/1225699.PDF) - [Reenrolled (HTML)](https://lis.blob.core.windows.net/files/1220858.HTML) - [Reenrolled (PDF)](https://lis.blob.core.windows.net/files/1220857.PDF) - [Gov Recommendation (HTML)](https://lis.blob.core.windows.net/files/1219292.HTML) - [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1202438.HTML) - [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1202437.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1108457.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1108456.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1107916.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1107915.PDF) - [Introduced (HTML)](https://lis.blob.core.windows.net/files/1082946.HTML) - [Introduced (PDF)](https://lis.blob.core.windows.net/files/1082945.PDF) ## Related - [HB5: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-HB5-2026) - [SB199: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-SB199-2026) - [HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with…](https://policyrisk.com/state-bill/VA-HB95-2026) - [HB1393: Electric utilities; pilot program for energy assistance and weatherization for…](https://policyrisk.com/state-bill/VA-HB1393-2026) - [HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, terminat…](https://policyrisk.com/state-bill/VA-HB834-2026) - [HB675: Protection of employees; coercion or threat based on immigration status, civil…](https://policyrisk.com/state-bill/VA-HB675-2026) - [Virginia bills](https://policyrisk.com/states/virginia/bills) - [Virginia state hub](https://policyrisk.com/states/virginia) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/VA-SB128-2026 (as of 2026-10-12).