Dental Non-Compete Laws in North Dakota: What Dentists Need to Know (2026)
Dental Non-Compete Laws in North Dakota: What Dentists Need to Know (2026)
> The short answer: North Dakota is one of the four states that bans non-competes outright. Under N.D. Cent. Code § 9-08-06, employment non-competes are void as against public policy. The exception is for practice sales. If you're a dental associate signing an employment contract in North Dakota, a non-compete clause almost certainly cannot be enforced against you.
North Dakota Made Its Choice
North Dakota didn't gradually erode non-compete enforcement the way some states have. It made a clear statutory decision: non-competes in employment contracts are void. Full stop.
N.D. Cent. Code § 9-08-06 has been on the books for decades. The state's position is that restraints on a person's right to work are contrary to public policy. Courts have consistently upheld this. If your dental employment contract includes a non-compete, you are in one of the most employee-friendly states in the country on this issue.
This is not a close legal question in North Dakota. The statute is clear, and the case law backs it up.
Current Law in North Dakota
Section 9-08-06 voids any contract preventing a person from exercising a lawful profession, trade, or business. The legislature carved out three narrow exceptions: sale of the goodwill of a business, dissolution of a partnership, and dissolution of a limited liability company.
For dental associates, the relevant exception is the sale of goodwill. If you are buying into a practice, or if a seller is assigning a non-compete as part of a transaction, that context is treated differently. The logic is straightforward — when someone is paid for their business's goodwill, restricting their ability to immediately compete is considered fair and part of the deal.
Employment non-competes get no such protection. You are not selling goodwill when you take an associate job. North Dakota courts have been consistent on this.
Non-solicitation clauses, which restrict your ability to contact former patients after you leave, occupy different legal territory. A narrowly drawn non-solicitation clause may be treated differently than a full non-compete, and that analysis is more nuanced. If your contract restricts you from contacting former patients, consult an attorney for the current state of that analysis.
What This Means for Dentists in North Dakota
A non-compete clause in your dental employment contract is not enforceable in North Dakota. If your employer included one, they likely did it by template carelessness or hoping you won't know the law.
This matters at negotiation time. You can point to § 9-08-06 directly. If an employer insists on keeping the clause, that tells you something about how they approach contracts generally.
It also matters if you've already signed and are worried about leaving. A void clause is void. You don't need court permission to disregard it, though getting legal confirmation before you act is still worth doing given the non-solicitation nuance mentioned above.
One practical note: even if the non-compete is unenforceable, other provisions in your contract may still bind you. Trade secret protections, confidentiality clauses, and certain non-disclosure provisions can be enforced independently. Read the whole contract, not just the restrictive covenant section.
What to Watch for in Your Contract
Even in a ban state, there are things worth scrutinizing.
First, look for a choice-of-law clause. Some dental employers, particularly DSOs operating nationally, include a clause stating the contract is governed by the law of a different state — one that does enforce non-competes. Whether that clause would override North Dakota's public policy protection is a real legal question. Courts sometimes refuse to honor choice-of-law provisions when they would circumvent a strong public policy of the forum state. Don't assume such a clause is harmless, but don't panic either. Get specific legal advice on that point.
Second, look at how any non-solicitation clause is drafted. North Dakota's ban is clear on non-competes, but non-solicitation language targeting specific patient contacts is a different clause and a different legal analysis.
Third, look at the confidentiality and trade secrets provisions. Those are almost certainly enforceable regardless of the non-compete ban.
What to Do if You Have a Non-Compete
If you're signing a new North Dakota dental contract with a non-compete, you can ask for it to be removed. Cite the statute directly. It's not an aggressive move — it's an accurate statement of the law.
If you're already employed and worried about a non-compete in your contract, employment non-competes in North Dakota are almost certainly void. But read the whole clause carefully for choice-of-law provisions, and consider a quick consultation with a North Dakota employment attorney before acting on that assumption.
If a former employer threatens to enforce a non-compete after you leave, that threat needs to be evaluated against § 9-08-06. A letter from a North Dakota attorney citing the statute is often sufficient to resolve the matter.
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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 Minnesota
- Dental Non-Compete Laws in South Dakota
- Dental Non-Compete Laws in Montana
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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 March 2026. Consult with a qualified attorney licensed in North Dakota for advice specific to your situation.
Published by the DentalUnlock Team. Last updated March 2026.
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