Employer guide · Contracts and agreements

Are Non-Competes Enforceable for Therapists and Behavioral Health Staff in Ohio?

Ohio's non-compete rules for therapists, counselors, social workers, psychologists and BCBAs: the Raimonde reasonableness test, how Ohio courts may rewrite an overbroad clause instead of voiding it, the Senate Bill 11 watch, and what an Ohio practice can still protect.

Updated October 7, 2026

Yes.

Ohio courts can enforce a non-compete against a therapist, BCBA or other behavioral health employee.

Ohio has no general non-compete statute, so the Ohio Supreme Court's Raimonde decision supplies the test: a covenant is reasonable if it is no greater than required to protect the employer, does not impose undue hardship on the employee, and is not injurious to the public.

Ohio courts may also rewrite an overbroad clause and enforce the reasonable part rather than throw it out.

Rules vary by state and change

This guide explains federal rules and the state rules it names, as of the date above.

Licensure, supervision, payer and employment rules differ by state and are revised often, so confirm current requirements with your state board, Medicaid agency, labor department or employment counsel before you act on them.

It is general information, not legal advice.

The short answer for Ohio

Yes — with real teeth.

Because Ohio non-competes rest on case law rather than a statute, the working question is whether your clause is reasonable under the Ohio Supreme Court's Raimonde framework, not which professions a ban exempts — no ban naming a category of clinician surfaced in this page's research, though that search was not exhaustive.

Two features define it.

First, the test is general employment law: it applies the same way to a counselor, a licensed social worker, a BCBA or a psychologist on your staff.

Second, Ohio courts do not simply void a clause that overreaches — they enforce it to the extent needed to protect your legitimate interests and may modify or amend it.

An aggressive clause can therefore still bind a departing therapist in trimmed form, which is exactly why the wording matters.

For how other states treat these clauses — and the fate of the federal rule — see our guide to non-competes nationally.

The governing statute or case law

Case law.

Ohio has no general non-compete statute; the controlling authority is the Ohio Supreme Court's 1975 decision in Raimonde v.

Van Vlerah, 42 Ohio St.2d 21, which set out the reasonableness test described below.

The pending attempt to change that is Ohio Senate Bill 11 (136th General Assembly), a bill to prohibit agreements that restrain engaging in a lawful profession or business after the conclusion of an employment relationship.

It was introduced January 22, 2025 and referred to the Senate Judiciary Committee on January 29, 2025, with no later action shown as of October 7, 2026 — a pending bill, not law.

As introduced, it would also bar agreements requiring a departing worker to repay training costs.

If a candidate, a competing employer or a trade-association update tells you Ohio has banned non-competes or training-repayment clauses, check the bill's current status on the Ohio Legislature's site before you act on it.

Healthcare- and mental-health-specific rules

The research behind this page located no Ohio statute specific to non-competes for counselors, social workers, marriage and family therapists, psychologists, behavior analysts, nurses or physicians; the Raimonde common-law test is the only rule the search found.

Treat that as an incomplete search rather than a clean answer — the Ohio Revised Code was not searched exhaustively — and have Ohio employment counsel confirm the point before you rely on it.

What the located rule does tell you is what kind of rule it is.

Raimonde was not a healthcare case: the covenant under review came from a veterinarian's employment, and nothing in the test turns on the clinician's license.

No profession-specific shield for a departing counselor or BCBA appears in this page's research, and no profession-specific shortcut to enforcement appears either — on the rule this page located, the same three questions of overbreadth, hardship and public injury do the deciding whoever you hire.

What courts require (time, area, legitimate business interest)

Under Raimonde, a covenant is reasonable if it is no greater than is required for the protection of the employer, does not impose undue hardship on the employee, and is not injurious to the public.

The court weighs factors including whether the covenant targets unfair competition or merely ordinary competition, whether it seeks to stifle the inherent skill and experience of the employee, whether the benefit to the employer is disproportional to the detriment to the employee, and whether it operates as a bar to the employee's sole means of support.

The full factor list also weighs the covenant's time and space limits, whether the employee had sole contact with the customer, and the employee's access to confidential information.

Time and area.

Those two factors are on the list, but no source this page relies on supplies a safe duration or radius for an Ohio clinician covenant — the research located no typical numbers — so treat any template term or mileage figure you are handed with caution and have employment counsel test it against your actual client base.

The modification rule.

Raimonde abandoned the older “blue pencil” test, under which a court could strike divisible terms but never rewrite them, because its application had “produced both arbitrary and inconsistent results.”

Ohio courts now enforce an overbroad covenant to the extent needed to protect the employer's legitimate interests and may modify or amend it rather than voiding it.

Overreach is therefore not a clean risk to the whole clause in Ohio — but the trim happens in litigation, on the court's terms, so draft to the interest you can name rather than counting on a rewrite you would like.

Client and employee non-solicitation clauses

Non-solicitation clauses were not researched for Ohio specifically: how Ohio courts treat client non-solicits for therapists, and whether any Ohio statute addresses employee non-solicits, both sat outside the research behind this page.

What the located case law does is point at the interests such clauses serve.

The Raimonde factor list weighs whether the employee had sole contact with the customer and the employee's access to confidential information — the two interests a client non-solicit and a confidentiality clause most directly protect.

Draft the clause narrowly around the clients and referral sources the departing clinician actually worked with, and have Ohio employment counsel test it against current Ohio law before you use it.

For the wider picture — how these clauses are treated in other states, and how the professional ethics codes shape a client's transition when a clinician leaves — see our guide to non-solicitation clauses.

What Ohio practices should do instead or in addition

Because Ohio courts trim and enforce rather than void, the wording you choose decides how much protection survives.

Name the interest before you draft.

Raimonde protects the employer, so be ready to say what the clause protects — active client caseloads, referral relationships, genuinely confidential operational information — instead of reaching for a blanket practice ban.

Keep the restraint tight.

The test asks whether the covenant is no greater than required and whether the hardship on the clinician is undue.

A clause that bars a clinician's sole means of support, or stifles the very skill you hired, tests badly.

Prefer narrower instruments first.

A confidentiality clause and a tightly drawn client non-solicit restrain less than a practice ban.

Where you front a clinician's training or supervision costs, a training repayment agreement is a separate instrument with its own rules — see our guide to training repayment agreements before adding one.

Watch the bill, not the rumor.

Senate Bill 11 would remake this area if it ever passes; as of October 7, 2026 it had seen no action since its January 29, 2025 referral to committee.

Whatever you land on, have Ohio employment counsel read the final wording before it goes into an offer.

Before an Ohio clinician signs a non-compete

  • Can I name the interest? Raimonde protects the employer — identify the client caseloads, referral relationships and confidential information the clause is meant to protect before you draft.
  • Is the restraint no greater than required to protect that interest — and defensible against the undue-hardship and public-injury questions in the same test?
  • Would a confidentiality clause plus a tightly drawn client non-solicit cover most of the risk without a practice ban?
  • If I front a clinician's training or supervision costs, is the repayment a separate agreement with its own terms rather than a non-compete rider?
  • Has Ohio employment counsel reviewed the wording — and checked Senate Bill 11's current status — before this goes into an offer?

Questions employers ask

How long can a non-compete last for a therapist in Ohio?

Ohio has no general non-compete statute, and no statutory cap appears in the sources this page relies on — they supply no template duration either.

Under Raimonde, a court tests whether the restraint is no greater than required to protect the employer and whether it imposes undue hardship on the employee, case by case.

Have Ohio employment counsel size the term to the interest you can actually prove.

Is there an income threshold for non-competes in Ohio?

Not in the sources this page relies on.

Ohio's Raimonde test turns enforceability on overbreadth, hardship and public injury — not on what the employee earns — and no Ohio income threshold appears in the research behind this page.

If you need certainty for a particular hire, have employment counsel check current Ohio law.

What happens if my Ohio non-compete is too broad?

Ohio courts enforce an overbroad covenant to the extent needed to protect the employer's legitimate interests and may modify or amend it rather than voiding it.

The Ohio Supreme Court abandoned the older blue-pencil approach because its application had produced arbitrary and inconsistent results.

The trim happens in litigation on the court's terms, so draft narrowly in the first place.

Did Ohio ban non-competes?

No. As of October 7, 2026, Ohio Senate Bill 11 — which would prohibit agreements restraining a lawful profession or business after employment ends — had seen no action beyond its January 29, 2025 referral to the Senate Judiciary Committee.

It is a pending bill, not law, so Ohio covenants are still tested under the Raimonde case-law framework.

Can I use a non-compete for a BCBA in Ohio?

The research behind this page found no Ohio statute specific to behavior analysts — or to counselors, social workers, marriage and family therapists, psychologists, nurses or physicians — but that search was not exhaustive, so treat the point as unconfirmed.

The rule the research did locate is the general Raimonde test, which applies to employment covenants regardless of the employee's license.

Sources

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