Dental Non-Compete Laws in Maryland: What Dentists Need to Know (2026)
Dental Non-Compete Laws in Maryland: What Dentists Need to Know (2026)
> Bottom line: For contracts signed on or after July 1, 2025, Maryland bans non-competes for dentists who provide direct patient care and earn $350,000 or less in total annual compensation. If you earn more than that, a non-compete can last no longer than one year and reach no further than 10 miles from your primary place of work. Contracts signed before July 1, 2025 are still judged under the older reasonableness test.
With the FTC's federal non-compete ban abandoned in September 2025, Maryland law is now the only thing deciding whether your clause sticks. Full FTC story →
The 2025 Law Changed Everything for Maryland Dentists
Maryland's non-compete statute, Md. Code, Lab. & Empl. § 3-716, started out as a low-wage worker protection. Since 2023 it has voided non-competes for anyone earning 150% of the state minimum wage or less. That floor still doesn't reach a dental associate.
The 2025 amendment does. Effective July 1, 2025, a non-compete or conflict-of-interest clause is void for a worker who:
- holds a license under Maryland's Health Occupations Article (dentists do),
- provides direct patient care, and
- earns $350,000 or less in total annual compensation.
For licensed providers above $350,000, the clause isn't banned outright, but it's capped: no more than one year after your last day, and no more than 10 miles from your primary place of employment. The law also lets patients ask your former employer where you're now practicing.
Two limits are worth knowing. First, the rule isn't retroactive. It covers agreements signed on or after July 1, 2025, so a contract you signed in 2024 is still analyzed under the older rules below. Second, the statute measures "total annual compensation," not base salary. If production pay or bonuses could push you near $350,000, have a Maryland employment attorney confirm which side of the line you land on.
Where does that leave most associates? The dental job listings we track in Maryland post associate pay ranges with a median of roughly $180K–$300K. Most general dentist associates fall well under $350,000, which means a non-compete in a new Maryland contract is, for most of you, not enforceable. Some employers still include them out of habit or national boilerplate. That doesn't make them valid.
Contracts Signed Before July 1, 2025: The Reasonableness Test
Maryland courts evaluate non-competes by asking whether the restriction is reasonably necessary to protect a legitimate business interest, and whether it's reasonable in time and geographic scope.
For dental practices, patient goodwill and established relationships are the primary interests courts recognize. If you spent years building patient relationships at a practice, and those patients identify you as their dentist, the practice has something real at stake when you leave.
Maryland courts haven't established hard rules about what geographic scope or duration is always reasonable. Cases are decided on their specific facts. That said, restrictions of one to two years and a defined radius measured from the practice location have been the territory where courts have generally found reasonableness.
Courts can also consider the density of the dental market in the relevant area. In Montgomery County or the Baltimore metro, there are many competing practices within any reasonable radius. The employer's argument that they need a 25-mile protection zone to preserve their patient base carries less weight there than it would in a rural Maryland county.
Maryland's Competitive Dental Market Context
Maryland is a relatively small state geographically, with most of its population concentrated in the Baltimore-Washington corridor. A 20-mile restriction from a practice in Bethesda or Columbia could extend into Washington D.C. or Northern Virginia — areas governed by entirely different laws. A choice-of-law provision matters here more than in states with more geographic buffer.
If your contract specifies Maryland law but the employer has practices in D.C. or Virginia as well, make sure you understand which law actually governs the restriction and what happens if you move across a border.
Rural Maryland, including the Eastern Shore and western counties, has different dynamics. Provider access in some of those communities is limited, and the public interest argument against enforcement has more factual support there.
What to Watch for in Your Contract
Choice of law provision. If you practice near the D.C. or Virginia border, check which state's law governs the agreement. Maryland, Virginia, and D.C. have different rules. An employer with multistate operations may use a different state's law, and that choice can significantly affect the analysis.
Geographic scope defined by mileage vs. named jurisdictions. Mileage radius restrictions give you a clear map. Restrictions defined as "all counties where the practice has patients" or "the greater Baltimore metropolitan area" are vague and give courts more discretion to interpret.
Non-solicitation of patients stacked with the non-compete. Maryland courts enforce both. A non-solicitation clause that prevents you from contacting former patients you treated operates independently of the geographic restriction. You need to understand both constraints.
Whether DSO contracts are drafted for Maryland specifically. Many DSO contracts use national boilerplate that doesn't account for Maryland's specific legal environment. The wage threshold is already written into their standard forms, but the reasonableness analysis in the geographic scope sometimes reflects other states' standards.
What triggers enforcement. Some contracts specify that the non-compete survives regardless of how the employment ends. Others include language that voids or narrows the restriction if you're terminated without cause. This is worth negotiating for.
What to Do If You Have a Non-Compete
If you're reviewing a new Maryland dental contract, start with two questions. When was it signed, and will you earn more than $350,000 in total compensation? Signed on or after July 1, 2025 and at or under $350,000 means the non-compete is void under § 3-716. Above $350,000, check that it's no longer than one year and no wider than 10 miles. For older contracts, read the reasonableness factors above.
A void non-compete doesn't void the rest of the contract. Non-solicitation clauses, repayment terms on signing bonuses, and notice periods can still bind you, so read those separately.
Look at the geographic scope carefully in the context of Maryland's geography. Map it. Know what practices are inside the restricted zone. Consider whether the radius makes sense given where the employer actually draws patients from.
Negotiation is appropriate. Ask for a shorter duration, a narrower radius, or a termination-without-cause carve-out. Maryland employers are generally used to these conversations, particularly in competitive hiring markets.
If you're already employed and planning your next step, get a Maryland-licensed employment attorney to review the specific clause before you accept a competing position. Maryland's proximity to D.C. and Virginia means your options might extend across state lines, and that border question needs a clean answer.
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Your Non-Compete Is One Piece of Your Contract
Your non-compete is one piece of your contract. DentalUnlock's free AI analysis grades your entire agreement on 8 dimensions, including non-compete scope, in under 60 seconds.
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Related Reading
- Dental Non-Compete Clauses: Is Yours Actually Enforceable? (National Guide)
- Dental Associate Contract Red Flags
- Dental Non-Compete Laws in Virginia
- Dental Non-Compete Laws in Pennsylvania
- Dental Non-Compete Laws in Delaware
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This page is for general informational purposes only and does not constitute legal advice. Non-compete enforceability is a complex, state-specific legal question. The information here reflects our understanding of current law as of September 2026, including the 2025 amendment to Md. Code, Lab. & Empl. § 3-716 (HB 1388). Consult with a qualified attorney licensed in Maryland for advice specific to your situation.
Published by the DentalUnlock Team. Last updated September 2026.
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