Non-Compete vs. Non-Solicitation Clauses in Dental Contracts

Restrictive covenants are one of the most significant, and often confusing, parts of a dental employment contract. These provisions are designed to protect the practice, but they can shape where and how you’re able to work once you move on. Two of the most common are non-compete clauses and non-solicitation clauses, and though they’re sometimes grouped together, they serve very different purposes.

A non-compete clause restricts where you can work after leaving a practice. It usually sets a geographic radius: say, ten miles from the office, and a length of time, often one or two years. Within those limits, you cannot practice dentistry, whether as an associate, owner, or partner. For dentists who want to stay in the same city or community, these restrictions can have serious career implications.

A non-solicitation clause, by contrast, restricts who you can contact. It doesn’t prevent you from practicing dentistry, but it stops you from recruiting patients, staff, or referral sources from your former employer. You can’t call up patients you used to treat and invite them to your new office, nor can you encourage hygienists or assistants to join you. Patients may still choose to follow you, but the key is that you cannot be the one initiating or influencing that move.

Both clauses can significantly limit your professional options. Together, they can make it difficult to transition smoothly into a new practice nearby. That’s why it’s essential to understand the scope of each one before signing. Pay close attention to how the restrictions are defined, how long they last, and whether they apply to multiple office locations or just the one you worked in.

Medis Tip: Restrictive covenants are negotiable. Don’t be afraid to push for a smaller radius, a shorter timeframe, or clearer language about what exactly is restricted.

Scroll to Top