Are Non-Competes Enforceable for Dentists and Dental Staff in New Hampshire?

Yes — a New Hampshire dental practice can put a non-compete in front of an associate dentist, a hygienist or an assistant.

The research for this guide found no New Hampshire statute that voids dental covenants by profession; what stands between the covenant and enforcement is New Hampshire's general law.

How the other states treat this: see our guide to non-competes for dental staff nationally.

The two speed bumps: RSA 275:70 governs how you hand the covenant over, and RSA 275:70-a voids non-competes for low-wage employees.

Check a new hire's hourly rate before asking them to sign.

This page is the employer's view.

If you are an associate who was handed a covenant, see our guide to dentist non-compete agreements.

The federal picture: the FTC's 2024 Non-Compete Clause Rule was set aside and never took effect, and in a final rule published February 12, 2026 the FTC removed it from the Code of Federal Regulations — so as of October 7, 2026 there is no federal rule banning employee non-competes.

In New Hampshire, two statutes carry the weight.

RSA 275:70 requires an employer that requires a non-compete from a new hire to give the employee a copy before the employee accepts the offer — an undisclosed non-compete is unenforceable.

RSA 275:70-a, effective September 8, 2019, makes a non-compete with a low-wage employee — one earning an hourly rate of 200% of the federal minimum wage or less — void and unenforceable.

At the current $7.25 federal minimum wage, that line sits at $14.50 an hour as of October 6, 2026; recheck it if the wage moves.

Beyond those two statutes, the operative rules come from case law — the courts section below flags exactly how far that research reached.

New Hampshire does have profession-specific non-compete bans — just not for dentistry.

Four statutes void practice restrictions for named clinicians:

Each voids any restriction on the clinician's right to practice in any geographic area for any period after the relationship ends, for new contracts or renewals from those dates.

The nurse statute's coverage is explicitly nurses — not dental hygienists or dentists — and none of the four names a dental license.

The dental chapter is quiet too: RSA 317-A (Dentists and Dentistry) has no section addressing non-compete agreements, and this guide's research found no dentist- or hygienist-specific non-compete statute as of October 7, 2026 — a finding based on the chapter's section titles, so counsel can confirm the current law.

One drafting signal from the clinician statutes: they void only the practice restriction and leave the contract's remaining provisions enforceable.

For employees the statutes do not shield, New Hampshire's rule comes from case law.

A New York Court of Appeals opinion points to Technical Aid Corp. v. Allen, 134 N.H. 1 (1991), citing it as holding that New Hampshire courts apply a three-part reasonableness test to employee non-competes.

This guide's research saw that citation rather than the New Hampshire opinion itself — treat the test as a lead, not a verified holding, and have counsel confirm the current test.

Whatever formulation a New Hampshire court applies, a reasonableness review turns on questions you can settle in writing first:

• Duration — how long after departure does the restriction run? Tie it to how long the protected relationships stay valuable.
• Geographic area — where does it apply? Set it by where your patients actually travel from.
• The interest you are protecting — name the patient relationships or investment the covenant protects, precisely enough that a stranger could apply it.

This guide's research did not cover the New Hampshire decisions applying the test — which durations and areas courts accept — so have counsel sanity-check your numbers.

This guide's research covers New Hampshire's non-compete statutes, not non-solicitation clauses — treat a non-solicit as its own clause, reviewed by counsel.

For how these clauses are structured, see patient and staff non-solicits.

RSA 275:70 also limits the damage when disclosure slips: an undisclosed non-compete is unenforceable — but only the non-compete.

Confidentiality, nondisclosure and other provisions remain in force.

A safety net, not a plan — disclose everything up front anyway.

Confidentiality also has a federal backstop: under the Defend Trade Secrets Act, business information — including compilations such as a patient list — is a trade secret only if you took reasonable measures to keep it secret and it has independent economic value from not being generally known.

The DTSA lets the owner of a misappropriated trade secret that relates to a product or service in interstate commerce sue in federal court, but an injunction may not bar an employment relationship, and conditions on the new job must rest on evidence of threatened misappropriation, not merely on what the person knows.

None of this argues against covenants in New Hampshire — only for clearing the statutes deliberately:

• Hand the covenant over with the offer. Whenever you require a non-compete from a new hire, the copy goes to them before they accept — RSA 275:70.
• Check the hourly rate first. At $14.50 an hour or less — 200% of the $7.25 federal minimum wage — RSA 275:70-a voids the covenant. Recheck the figure if the federal minimum wage moves.
• Hiring across state lines? Massachusetts wants a covenant handed over by the formal offer or 10 business days before employment starts; Illinois gives employees 14 calendar days to review. Check the other state's rule before the offer goes out.
• Draft narrow. Settle duration, area and the protected interest in writing, and keep each as tight as the protection requires.
• Layer the other tools. Non-solicits, confidentiality terms and training repayment agreements each do a job a non-compete cannot, with their own rules.
• Confirm licensure at hire. A covenant only matters if the person can practice — our guide to dentist licensure in New Hampshire covers what the state requires.
• Have New Hampshire employment counsel review the final language before it goes into an offer packet.