Dental Non-Compete Clauses: Is Yours Actually Enforceable? A State-by-State Guide
The non-compete clause in your dental contract might be the most important paragraph in the entire document, and it's the one most dentists spend the least time thinking about.
I get it. When you're reading through a 20-page contract, excited about a new opportunity, the non-compete feels abstract. It only matters if you leave. And you're not planning to leave. You just got here.
Then two years pass. The management changes. The schedule gets cut. The culture shifts. Or you find a better opportunity. And suddenly that paragraph you skimmed controls where you're allowed to work, how far away you have to move, and for how long.
I know an orthodontist who found a practice to buy about 20 miles away. Seemed well outside his non-compete radius. But his contract measured the distance "as the crow flies," not by road. Straight-line distance put the practice inside the zone. His employer didn't just block the purchase. They went and bought the practice themselves, using his own non-compete as the leverage to take the deal from him.
That story is why this page exists. Your non-compete matters. Whether it's enforceable depends on your state. Let's walk through it.
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The federal picture: there is no federal ban
Let's get this out of the way first, because there's a lot of confusion here.
The FTC attempted to ban non-competes nationwide in 2024. The rule was challenged in court, and multiple federal judges issued conflicting rulings. By late 2024 and into 2025, the ban was effectively struck down. The FTC has since moved to dismiss its appeals and has shifted to pursuing enforcement on a case-by-case, industry-by-industry basis rather than through a blanket ban.
What this means for you: there is no federal non-compete ban protecting you. Enforceability is determined entirely by your state's laws. And those laws are all over the map.
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States that have banned or nearly banned non-competes
California is the strongest. Non-competes are void and unenforceable, period. As of January 1, 2026, California added a new provision that explicitly voids non-competes for management of physician or dental practices after acquisition by private equity groups or hedge funds. If you practice in California, your non-compete is not worth the paper it's printed on. DSOs operating in California know this, which is why some try to get dentists to agree to choice-of-law clauses selecting a different state's law. Courts haven't fully settled whether that tactic works.
Oklahoma bans non-competes outright. They're void as a matter of public policy.
North Dakota also bans non-compete agreements for employees.
Minnesota banned non-competes effective July 1, 2023. Agreements signed after that date are void and unenforceable.
If you practice in one of these four states and your contract contains a non-compete, it's almost certainly unenforceable. But "almost" is doing some work in that sentence. If your contract has a choice-of-law provision selecting another state, or if the employer's headquarters is in a different jurisdiction, it gets more complicated. Worth a conversation with an attorney if you're in this situation.
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The Texas game-changer: SB 1318
Texas deserves its own section because the law changed significantly in 2025 and many dentists haven't caught up yet.
Senate Bill 1318, signed by Governor Abbott in June 2025 and effective September 1, 2025, now applies specifically to dentists (previously these restrictions only covered physicians). For any non-compete signed or renewed after September 1, 2025, three hard limits apply:
One-year maximum duration. The non-compete cannot restrict you for more than one year after termination.
Five-mile radius maximum. The geographic restriction cannot exceed five miles from your primary practice location.
Mandatory buyout option. The agreement must give you the option to buy out of the non-compete, and the buyout price cannot exceed your total annual salary and wages at the time of termination.
This is a massive shift. If you're a dentist in Texas with a contract signed before September 2025, the old rules still apply until your contract renews. But the moment it renews after that date, SB 1318 kicks in. If your current non-compete says 2 years and 15 miles, it becomes 1 year and 5 miles at renewal. Check your renewal date.
For dentists signing new contracts in Texas right now, any non-compete that exceeds these limits is unenforceable on its face. If your employer is still handing out contracts with 2-year, 15-mile non-competes, they either haven't updated their templates or they're hoping you don't know the law changed.
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States that enforce non-competes with "reasonableness" tests
The majority of states fall into this category. Non-competes are enforceable, but only if the terms are reasonable in scope, duration, and geographic area. Courts evaluate them on a case-by-case basis, balancing the employer's legitimate business interest against the dentist's right to earn a living.
What "reasonable" usually means for dental associates:
Duration: 1-2 years is generally upheld. Beyond 2 years is increasingly difficult for employers to defend, especially for associate dentists (as opposed to practice sale situations, where longer terms are more commonly enforced).
Radius: 5-15 miles from the practice location is typical. Urban areas tend to see smaller enforceable radiuses because a 15-mile radius in New York City covers millions of potential patients, while the same radius in rural Texas might cover a handful. Courts consider population density, patient travel patterns, and the availability of other dental providers in the area.
Scope: The restriction should cover the type of dentistry you actually practiced, not all healthcare. A non-compete preventing a general dentist from practicing orthodontics would likely be struck down as overbroad.
Key states in this category: Florida, Georgia, Ohio, Pennsylvania, Michigan, Illinois, New Jersey, North Carolina, Virginia, Washington, and most others. Each has its own case law and statutory nuances.
Some states in this group give courts the power to "blue pencil" or modify overly broad non-competes rather than throwing them out entirely. This means even if your non-compete is unreasonable as written, a court might narrow it to what it considers reasonable and enforce the modified version. Other states take an all-or-nothing approach, where an unreasonable non-compete is simply void.
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What to actually check in your non-compete
Knowing your state's general stance is step one. Step two is reading the specific language in your contract. Here's what to look for:
Distance measurement. Does it say "miles" or "miles as the crow flies" or "driving distance"? Straight-line distance covers a much larger area than road distance. If it doesn't specify, assume the employer will argue for whichever interpretation benefits them.
What triggers the restriction. Does the non-compete apply if you're terminated without cause? In some states and under some contracts, getting fired doesn't activate the non-compete. In others, it applies regardless of how you leave. This matters enormously.
Which locations. Does the radius apply to your primary office, or to every location the employer operates? If you work at one office but occasionally cover at another location 30 miles away, does that second location create its own non-compete zone? I've seen contracts where covering a single shift at a satellite office expanded the restricted area by hundreds of square miles.
Buyout provisions. Some contracts include a buyout clause that lets you pay a fee to waive the non-compete. If your contract has one, check whether the amount is reasonable. If it doesn't have one, consider asking for one during negotiation. Texas now requires a buyout option by law; other states don't, but it's still a useful term to negotiate.
Liquidated damages. Some contracts specify a dollar amount you owe if you violate the non-compete. Courts generally enforce these if the amount is a reasonable estimate of the employer's actual damages. If the amount seems punitive rather than compensatory, it may not hold up.
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Non-competes in practice sales vs. employment
One important distinction: non-competes work differently when you're selling a practice versus when you're an employee.
Courts are significantly more willing to enforce non-competes in the context of a practice sale, because the buyer has paid real money for the goodwill of the practice, and allowing the seller to immediately open a competing office nearby would undermine the value of what was purchased. Longer durations (3-5 years) and larger radiuses are more commonly upheld in sale situations.
For associate employment contracts, courts are more protective of the dentist's right to work. The employer didn't buy your practice. They hired you. The bar for enforcing a non-compete against an employee is higher than against a seller.
If someone tells you your associate non-compete is "standard" with a 3-year duration, they might be confusing associate terms with practice sale terms. Those are not the same thing.
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What you can do right now
Step 1: Identify your state's rules. Use the state-specific pages linked below. Each one covers the current law, enforceability standards, typical clause language, and what courts have ruled.
Step 2: Read your actual clause. Not the summary you remember from signing day. The actual language. Check the duration, radius, measurement method, triggering events, and which locations are covered.
Step 3: Grade your full contract. The non-compete is one piece of a larger picture. DentalUnlock's free contract review grades your agreement on 8 dimensions, including the non-compete, in under 60 seconds. You'll see immediately whether your restriction is typical for your state or an outlier.
Step 4: Negotiate before you sign. Non-competes are more negotiable than most associates think. Reducing a radius from 15 miles to 10, or a duration from 2 years to 1, is a reasonable ask. Requesting a buyout clause gives you an exit path even if the non-compete is enforceable. And in states like Texas, the law now sets hard ceilings that your contract must comply with.
If you've already signed, know that an unenforceable non-compete is still unenforceable. The contract language doesn't change the law. Many dentists comply with non-competes out of fear even when the clause wouldn't survive a legal challenge. If you're considering leaving and your non-compete feels unreasonable, talk to an attorney in your state before assuming you're stuck.
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State-by-state guides
Click your state for a detailed breakdown of enforceability rules, relevant statutes, typical contract terms, and what to watch for.
Ban states
- California — Non-competes void under Cal. Bus. & Prof. Code § 16600
- Minnesota — Banned effective July 1, 2023
- North Dakota — Banned under N.D. Cent. Code § 9-08-06
- Oklahoma — Banned under 15 Okla. Stat. § 219A-B
States with major recent reforms
- Colorado — Income threshold + trade secret requirement (2022)
- Illinois — Freedom to Work Act, income threshold (2022)
- Maine — Advance disclosure required (2020)
- Massachusetts — 12-month cap + garden leave (2018)
- Nevada — Employer-termination voidability (2017)
- Oregon — 12-month cap + income threshold (2021)
- Texas — SB 1318: 1 year, 5 miles, salary-capped buyout (2025)
- Utah — 1-year cap + fee-shifting (2016)
- Virginia — Low-wage worker protection (2020)
- Washington — 18-month cap + income threshold + garden leave (2020)
All 50 states (alphabetical)
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
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