VA SB128

Expands Virginia's ban on non-compete agreements to include health care professionals licensed by the Boards of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work, in addition to the existing ban for low-wage employees

Employers violating the non-compete prohibition face a $10,000 civil penalty per violation, and affected employees may bring civil action within two years to void agreements and recover damages, lost compensation, and attorney fees

Permits non-compete agreements with health care professionals only when part of a sale of a business involving substantially all operating assets and goodwill, provided the covenant is reasonable in scope, duration, and geographic area

Allows employers to require health care professionals employed fewer than five years to repay recruitment-related costs including relocation expenses, signing bonuses, and training expenses upon departure

Employers may still include provisions preventing health care professionals from soliciting customers with whom they had material contact during employment for a stated period after termination