Can a Dentist Leave a Clinic and Take Patients?

It is a question that comes up often when a dental associate is thinking about moving on: can you simply let your patients know where you are going, and can they follow you? The honest answer is that it depends. It depends on the agreement you signed, how patient information is treated, and what your professional obligations require. There is no single rule that applies to every dentist in every clinic.

Below, we look at some of the main factors that tend to shape this issue, and why it is worth understanding your specific situation before you say anything to patients or make any plans.

Start With the Associate Agreement

Most dentists who work in a clinic as an associate, rather than as an owner, have signed some form of associate agreement. This agreement may include a non-solicitation clause, a non-compete clause, or both. A non-solicitation clause generally tries to stop a departing associate from reaching out to patients or staff to encourage them to move to a new location. A non-compete clause may try to restrict where the associate can practise after leaving, sometimes within a certain distance and for a certain period of time.

Whether these clauses actually hold up can depend on how they are written and the specific circumstances. Some restrictive covenants are drafted narrowly and may be enforceable, while others may be found too broad. A lawyer can review the wording of your agreement and explain how it may apply to your situation.

Who the Patients Actually Belong To

Patients are not property, and no one truly owns them. That said, in most clinics, the patient relationship and the associated records are treated as belonging to the practice, not the individual associate, even though the associate provided the care. This distinction matters because it often shapes what the agreement allows a departing dentist to say or do, and what information they can take with them.

Depending on the facts, an associate who built a strong rapport with certain patients may still face limits on how they communicate with those patients after leaving, particularly if the agreement addresses this directly.

Confidentiality and Patient Records

Patient records generally stay with the clinic. Taking copies of patient lists, contact information, or treatment histories without permission may raise both contractual and professional concerns, separate from anything the associate agreement says. Confidentiality obligations often continue even after the working relationship ends.

If an associate wants to notify patients of a move in some form, the appropriate process may depend on the agreement, the clinic's policies, and applicable professional guidance. Acting without checking these first may create unnecessary risk.

Professional Obligations Can Apply Separately From the Contract

In addition to whatever the associate agreement says, dentists in Ontario are subject to professional and regulatory obligations regarding continuity of care, confidentiality, and communication with patients. These obligations may exist regardless of what the contract permits or restricts, and in some cases they can affect how a transition is handled.

This is one reason why leaving a clinic is rarely as simple as sending a group text or a social media post announcing a new location.

What This Might Mean in Practice

In some cases, a dentist leaving a clinic may be able to inform patients of their departure through a neutral notice, without actively soliciting them to switch practices. In other cases, the agreement may restrict even this kind of communication for a period of time. The outcome really does depend on the specific wording of the agreement and the facts involved.

Before giving notice, sending any communication to patients, or making commitments to a new employer, it is generally a good idea to have the associate agreement reviewed by a lawyer, so you understand what you can and cannot do, and what risks might follow either way.

Whether a dentist can leave a clinic and take patients with them is not a yes or no question. It usually comes down to what the associate agreement says about solicitation and competition, how patient records and confidentiality are treated, and what professional obligations apply on top of the contract. Getting this wrong can lead to disputes, and in some cases, legal claims from the clinic.

If you are a dentist considering a move, or a clinic owner concerned about a departing associate, reviewing the relevant agreement early may help you plan the transition with fewer surprises.

Frequently Asked Questions

Q: Can a dental associate contact former patients after leaving a clinic?

A: It depends on the associate agreement and whether it includes a non-solicitation clause. Some agreements restrict this kind of contact for a period of time, while others may be more limited in scope. Reviewing the specific wording is the best way to know what applies to you.

Q: Do patient records belong to the associate or the clinic?

A: In most cases, patient records are treated as belonging to the clinic, even though the associate provided the treatment. Depending on the facts, the departing associate may still need some access to records for professional or regulatory reasons.

Q: Are non-compete clauses in dental associate agreements enforceable in Ontario?

A: It depends on how the clause is written and the specific circumstances. Some restrictive covenants may be enforceable, while others may not hold up if they are considered too broad. A lawyer can review your specific clause.

Q: What should a dentist do before telling patients they are leaving?

A: It is generally a good idea to review the associate agreement and speak with a lawyer first, so you understand what kind of communication is permitted and what risks might come with different approaches.

Speak With DevLaws

If you have questions about the issues raised in this article, the team at DevLaws is here to help you understand how they may apply to your situation. Contact us to discuss the specific facts of your case.

contact@devlaws.com | +1 437 290 0424 | devlaws.com

Disclaimer: This article is for general information purposes only and does not constitute legal advice. Every situation is different, and the outcome of any legal matter depends on the specific facts involved. If you have questions about your particular circumstances, you should speak with a lawyer.