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Industry carve-outs

Non-compete enforceability in New Mexico

No general ban. Total ban on healthcare-practitioner non-competes; 2023 amendment expanded to PAs, pharmacists, psychologists.

What this means for you

New Mexico has no general statutory ban, but specific industries (most commonly healthcare) have their own carve-outs. Outside those, enforceability turns on the common-law reasonableness test.

Doctrine

Blue-pencil. Courts strike specific over-broad terms (duration, geography, scope) while preserving the enforceable core.

Industry-specific rules

  • healthcare

    Voids non-competes restricting clinical practice for physicians, dentists, osteopathic physicians, podiatrists, certified registered nurse anesthetists, certified nurse practitioners, physician assistants, pharmacists, and psychologists.

    N.M. Stat. Ch. 24A Art. 4Primary verified

Federal context

The FTC's 2024 federal non-compete ban was vacated nationwide in Ryan v. FTC and removed from the Code of Federal Regulations in February 2026. There is no federal ban in force — so New Mexico's state law controls. Read the federal status.

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