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Montana physician non-compete law

Physician non-competes are generally not enforceable in Montana.

If your contract is governed by Montana law, a physician non-compete is generally void — the state does not let an employer restrict where you practice after you leave. The clause may still appear in your contract; that alone does not make it enforceable. Confirm the restriction is tied to employment (not the sale of a practice or an ownership stake), and don't let an unenforceable clause talk you out of a move it cannot actually block.

Posture
Banned for physicians (statutory)
Last reviewed
2026-06-10
Radius that tends to stand
Term that tends to stand

Governing law: Mont. Code Ann. § 28-2-724 (physician/healthcare-provider ban, as amended by HB620, eff. Jan. 1, 2026; earlier expanded by HB198, eff. ~Apr. 17, 2025); general restraint-of-trade bar at Mont. Code Ann. § 28-2-703 (sale-of-goodwill exception at § 28-2-704)

These are the general rules for Montana. Your contract's exact radius, term, and buyout decide how it actually lands. See how your own clause compares — free.

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A case that shaped this

Wrigg v. Junkermier, Clark, Campanella, Stevens, P.C. (2011, Montana Supreme Court (2011 MT 290)) Construing the general § 28-2-703 framework, held a non-compete unenforceable where the employer ended the employment relationship and thus lacked a legitimate business interest; the Court emphasized that the validity of a restraint turns on legitimate business interest and adequate consideration.

The detailed picture

Physician non-competes are VOID by statute. Effective Jan. 1, 2026, Mont. Code Ann. § 28-2-724 (amended by HB620, signed 5/19/2025) bars any post-termination covenant restricting ANY licensed physician from practicing within their license in any geographic area or for any period, or from treating/soliciting current patients of the former employer; this expanded a pre-existing ban that had covered only psychiatrists/addiction-medicine physicians and other behavioral-health providers, and HB198 (eff. ~Apr. 16-17, 2025) had already added naturopathic physicians, RNs, APRNs, and PAs. Enforceable carve-outs that remain: contracts in connection with the sale/purchase of a practice, and physician repayment provisions that decrease over time for a bona fide loan, relocation cost, signing bonus, education expense, and tuition repayment expense. Montana also bans non-competes generally for nearly all employees under § 28-2-703 (one of the strictest states alongside CA, ND, OK), with a narrow sale-of-goodwill exception under § 28-2-704, so even absent the physician-specific statute employment non-competes are presumptively void.

Common questions

Are physician non-competes enforceable in Montana?

Physician non-competes are generally not enforceable in Montana. Governing law: Mont. Code Ann. § 28-2-724 (physician/healthcare-provider ban, as amended by HB620, eff. Jan. 1, 2026; earlier expanded by HB198, eff. ~Apr. 17, 2025); general restraint-of-trade bar at Mont. Code Ann. § 28-2-703 (sale-of-goodwill exception at § 28-2-704).

My Montana contract still has a non-compete — does that matter?

A clause can appear in a contract without being enforceable. Under Montana law a physician employment non-compete is generally void, so confirm the restriction is not tied to a practice sale or ownership interest, and check your own contract's exact wording.

Other states

General legal information, not legal advice. Non-compete enforceability turns on the exact wording of your contract and your circumstances; this page describes the state's general posture as last reviewed 2026-06-10.