What Is the Difference Between a Non-Disclosure Agreement and a Non-Compete Agreement?

What Is the Difference Between a Non-Disclosure Agreement and a Non-Compete Agreement?By: Shannon Patterson, CPR, CMSR
Kolbe Certified™ Consultant
Director of Practice Opportunities

As a recruiter, I often hear the question “What is the difference between a non-disclosure and non-compete?” from candidates who are seeking employment opportunities. It is important to understand the differences and what they mean for you as a candidate.

A non-disclosure agreement is a promise that you will not disclose any of the information shared with you about a potential practice opportunity. Often it will include practice and/or doctor name, location, patient information, expansion plans or any financial information about the practice. It does not mean you can’t work for a competitor; it simply means you can’t use proprietary or confidential information you learned or obtained from the practice with another practice. You will often be asked to sign this agreement by a client or representative of a client before they discuss the specifics about their practice opportunity. Importantly, non-disclosure agreements almost universally allow you to share confidential information with your attorney or other advisors in the buying process.

A non-competition (restrictive covenant) agreement means you agree not to directly compete or provide services within a certain proximity of the practice for a set period of time. The purpose of a non-compete is to protect the former practice employer against unfair competition. As a provider, you will have access to confidential business information and develop close relationships with patients and staff and could exploit the information to lure patients away from the practice. A non-compete is designed to protect the practice from this risk.

Who enforces a non-compete? The enforceability of non-compete agreements will vary from state to state. Most states have statutes or case law that either prevents or restricts the enforceability of a non-compete agreement. States that permit the enforcement of non-competes will do so only if the covenant is reasonable in scope (meaning it is limited to the services the provider actually rendered while employed by the practice), duration and geographical area.

What geographic area does a non-compete cover? A non-compete covenant should only prohibit a provider from continuing to provide services in the same general area where he or she provided services before disengaging with a previous practice. In most states, the restricted area should be no larger than the area from which the previous practice draws 80% of its patients. Therefore, a reasonable radius for a non-compete will depend heavily on the population density of a particular area – generally, a larger radius is enforceable in rural areas. The opposite is true in more urban areas.

How long do non-competes typically last? The time periods can vary, but generally, the covenants are in effect during the employment period and for a period of 12 to 24 months following the last day services are provided to the practice.

Non-competes and non-disclosure agreements are two important documents to understand each having a distinct but separate purpose.

Dr. Boomer & Dr. Millennial Participate in ‘The Git Up’ Challenge


We are excited to release Episode 3 of Dr. Boomer & Dr. Millennial: Generational Diversity! This edition focuses on the struggle of creating social media content, specifically The Git Up viral dance challenge. Our team hopes you’ll relate to the differences between the two doctors and enjoy a good laugh as Chris Bentson and Shannon Patterson attempt the two-step then cowboy boogie.

Each episode of the video series, examines generational diversity in the orthodontic workplace, reviews some of the benefits and issues associated with it, and shares some of the best practices based on our company’s experience. The ultimate goal of the series is to remove the age barrier by illustrating the differing viewpoints and asking viewers to take a step back and relate to it from the other side’s perspective.

Click here to watch, or visit Bentson Copple & Associates’ YouTube Channel!

Dr. Boomer & Dr. Millennial Addresses Pinky Promises

Dr_Boomer_Dr_Millennial_Pinky_Promises_Bentson_CoppleEpisode 2 of Dr. Boomer & Dr. Millennial: Generational Diversity is now available for viewing. This edition focuses on verbal agreements (aka pinky promises).

Aside from the common reasons you might think someone should have an agreement, such as to set forth what is expected of each doctor, what each partner gets in return, and procedures for decision-making – it’s simply an important step to a healthy business relationship. Don’t miss the insights that Chris Bentson and Shannon Patterson share in this short video.

Each edition of the video series explores diverse perspectives, attitudes, motivations, and needs of these two generations of doctors along with the changing dynamics in an orthodontic practice setting.


People & Practice: Talking with Chris Bentson


Chris Bentson is featured in the new episode of People & Practice, LLC‘s The Survival Guide For Orthodontists podcast, hosted by Dr. Leon Klempner and Amy Epstein. Chris discusses how orthodontists can take the disruption in the industry and use it to their advantage by offering the same convenience patients are seeking from mail order alignment companies.

This episode digs deep into the nuts and bolts of what forces are affecting the industry and the tools available right now to help independent and small group practices beat the big box orthodontic companies.

  • How has disruption by Smile Direct Club and Invisalign affected small independent practices
  • The future of orthodontics is bright for the practice that adopts teledentistry technology
  • Address the growth of corporate dentistry and consolidation of practices

Listen here: https://pplpractice.com/episode-5/

About the Podcast:
The Survival Guide for Orthodontists, is the podcast that makes YOU the authority in Orthodontics in your community. Get ready for insights on how to compete on expertise and trust against mail order and retail orthodontics. It’s not always about the lowest fees. Dr. Leon Klempner and Amy Epstein, co-founders of People & Practice, know the business of orthodontics. They bring you insights, tips, and guest interviews focused on helping you thrive in a massively disrupted industry. Put more patients in chairs by competing on expertise and trust, not the lowest fees. The podcast is available on the People & Practice website, Apple Podcasts, and Soundcloud.

Bentson Copple & Associates Launches New Video Series

New Video Series Dr. Boomer & Dr. MillenniallBentson Copple & Associates is bringing years of orthodontic experience to its first digital video series, Dr. Boomer & Dr. Millennial: Generational Diversity, premiering on their YouTube channel. This series was created to help practices that have age-diverse groups of doctors and team members understand generational differences and offer fun inspiration as one works and leads their team.

It stars Chris Bentson as Dr. Boomer, who is based on Baby Boomer doctors born between 1946 and 1964. His character illustrates a generation known for having a strong work ethic, placing significant importance on professional accomplishments, and for being somewhat reserved from a social perspective. Playing opposite is Shannon Patterson, who stars as Dr. Millennial. Her character is based on the more typical characteristics of Millennial doctors who were born between 1981-1996. This group is viewed as confident, ambitious, achievement-oriented, and is known for being extremely tech-savvy. They additionally value teamwork and seek the input and affirmation of others.

This web series explores the diverse perspectives, attitudes, motivations, and needs of these two generations of doctors, along with the changing dynamics in an orthodontic practice setting. Tidbits of insight are presented regarding the differences between the generations by explaining the needs and expectations of an age-diverse workforce. By learning the motivations and generational footprint of each individual, doctors can leverage their own talents and capitalize on differences.

There are four generations in the orthodontic workforce. Shannon Patterson, Partner, CPR, CMSR, states, “I believe one of the challenges that practices face today is negotiating the differing behavior and values among doctors and team members who were born in different generations. The predominant groups I work with most are Baby Boomers and Millennials. These two generations grew up in different social and political eras that shaped their values and perspectives in the workplace. The reality is doctors of different generations view patient care differently.”

Chris Bentson, Partner, added, “Within each episode of the series, we’ll examine generational diversity in the orthodontic workplace, review some of the benefits and issues associated with it, and share some of the best practices based on our company’s experience.”

“This series offers a better understanding not only of hot button issues regarding orthodontic practice employment, associateship structure, and general practice/business leadership – but of how each generation addresses the issues based on experience and values,” said Laura Overcash, Director of Marketing. “We often take for granted what we believe is a ‘common’ understanding of everyday situations; however, it’s fascinating when you start putting age differences into perspective. While generational gaps may bring about some challenges for doctors, so long as there is a working, open relationship, age should be no barrier.”

To watch episode one of Bentson Copple & Associates’ Dr. Boomer & Dr. Millennial: Generational Diversity video series click here!

New U.S. Census Data and Trends to Watch

By: Shannon Patterson
The population changes every year in the United States. Generally we see a positive change with the overall populations meaning more births and deaths, however, a few states had more deaths than births according to the U.S. Census Bureau.

According to the Bureau’s factors that contribute to the 2016-2017 estimates for populations for the 50 states results are international and domestic migration and the “natural population change,” which is the net births minus deaths.

The results showed that two states, Maine and West Virginia, actually saw more deaths than births. Maine’s natural population went down by 0.9 residents per 1,000, while West Virginia’s dropped by 1.7 residents per 1,000. However, Utah had an excess of births over deaths contributing to why it’s ranked the third fastest growing state with natural increase.

Idaho was the nation’s fastest-growing state over the last year. Its population increased 2.2 percent to 1.7 million from July 1, 2016, to July 1, 2017. The next largest percentage increases in state population were; Nevada (2.0 percent), Utah (1.9 percent), Washington (1.7 percent), and Florida along with Arizona (1.6 percent).

The two fastest growing states Idaho and Nevada experienced “domestic migration,” which is defined by the number of residents who move into a state from another, minus the people who moved out of that state. The census showed that the Northeastern and Midwestern states tended to lose population due to domestic migration as more residents moved out of the state than into the state. By region, the Western and Southern states mostly saw gains from other parts of the country. States that saw dramatic increases due to domestic migration were Idaho, Nevada, Oregon, Washington, Arizona, and Montana.

Overall, the southern and western regions led America’s population growth. In 2017, 38 percent of the nation’s population was in the Southern states and 23.8 percent in the Western states.

A number of common factors affect migration patterns throughout the country. Residents move from state to state for economic and educational opportunities as well as quality of life factors and the cost of living. Many of the fastest growing states have midsize cities with quality school systems, low unemployment rates, and offer affordable housing.

To determine the fastest growing and shrinking states, the WSJ reviewed the one-year population change of all 50 states from 2015 to 2016 with data from the U.S. Census Bureau. Below is a list of the fastest growing and shrinking states in the U.S.

Fastest Growing
The population of Idaho increased by 1.8% in 2016. Idaho has a relatively high birth rate, and natural growth accounting for about one-third of all new Idahoans in 2016. The remaining population growth was due to the large influx of residents from other parts of the country. A net total of 17,143 Americans relocated to Idaho in 2016, far more than in most states.

The population of Utah grew by 2.0% in 2016, nearly three times the 0.7% national population growth rate and the fastest pace of any state. Unlike most fast-growing states, the majority of Utah’s population increase was due to natural growth. Utah has the largest average family size in the country. While Utah’s high birth-to-death ratio accounted for most of the state’s population growth, Utah’s population also grew more from inbound migration than many other states.

The population of Nevada increased by 2.0% in 2016, The state has sustained strong population growth over the past decade, growing by 16.5% from 2006 to 2016, nearly twice the 8.3% national growth rate.

Like many of the fastest-growing states, Florida’s rapid population growth was largely due to migration. About 9 in every 10 new Floridians either moved from another state or from another country.

Washington state’s population grew by 1.8% in 2016, more than twice the 0.7% national population growth rate. The state’s strong population growth over the past decade was accompanied by a large increase in their GDP. The states information sector such as industry giants including Microsoft, Amazon, and Expedia ignited the growth.

Since 2006, Oregon’s population has grown at an average rate of 1.1%. Approximately 3 in every 4 new Oregonians in 2016 moved to the state from another state (domestic migration), with the remaining population increase due to natural growth. Many new residents likely came to Oregon for economic opportunity.

Colorado’s population grew by 1.7% in 2016, among the fastest pace of any state. Like many of the fastest growing states, domestic migration contributed the most to the states rapid population growth. A net influx of 50,216 Americans relocated to Colorado in 2016.

Arizona’s population grew by 1.7% in 2016, more than twice the 0.7% national population growth rate. Most of the state’s growth was again due to new residents migrating from another state. A net total of 61,544 Americans relocated to Arizona that year in 2016.

Fastest Shrinking States
West Virginia
West Virginia was one of two states to see both negative natural growth and net migration loss in 2016. West Virginia, which has one of the oldest populations of any state, has the highest death rate and one of the lowest birth rates in the country. Approximately 2,700 more West Virginians died than were born in 2016, accounting for one-fourth of the state’s total population loss. Most of the population loss was due to people leaving the state. Major factors causing people to migrate out of West Virginia were the high unemployment rates and poverty. In total, West Virginia’s population decreased by about 10,000 residents in 2016, the most of any state relative to population size.

While the population of Illinois has increased nearly every year in the past five decades, the state’s population declined in 2014, 2015 and 2016. The state’s population shrank by 0.3% in 2016, the second fastest pace of decline of any state. A large share of the population loss was due to residents leaving the Chicago-Naperville-Elgin metro area. In a survey conducted by the Chicago Tribune, residents who had moved out of the city in recent years cited high taxes, unemployment, poor weather, and violent crime as primary reasons for leaving Chicago. The population decreased by over 37,508 residents with the majority of them being from the city of Chicago (19,570).

The population of Vermont declined by 0.2% in 2016, the third largest contraction of any state. Most of the population decline was largely due to outbound migration. Approximately 2,000 more residents moved out of Vermont in 2016 than moved in, nearly the largest loss of any state when adjusted for population size. Vermont’s population growth was also impacted by the state’s low birth rate.

The state’s population shrank by 0.2% in 2016, the fourth largest decline in the nation. Connecticut’s population has declined substantially in recent years, with approximately 20,000 residents exciting since 2013. Unfortunately, many of the residents leaving the state are young, college-educated professionals. The population loss will likely hurt the state’s economic potential.

Wyoming was the only state to grow more from natural growth than the United States as a whole in 2016 and still have population loss overall. Approximately 2,800 more new Wyomingites were born than died in 2016, however, heavy outbound migration led to negative population growth in Wyoming overall. Overall 3,823 more residents moved out of Wyoming in 2016 than moved in, more than in any other state relative to population size.

While the U.S. population grew by 0.7% in 2016, the population of Pennsylvania shrank by 0.1%. The change was largely due to residents who moved out of the state; approximately 45,600 more residents exited the state than moved in making it one the largest domestic outflow states in the nation. Pennsylvania’s population loss was also partially due to the state’s low birth-to-death ratio. Overall, Pennsylvania grew less from natural growth than any state other than New Hampshire, Maine, and West Virginia.

The population of Mississippi declined by approximately 660 residents in 2016. The population loss was largely due to outbound migration to other states. Roughly 7,500 more Mississippi residents moved out of the state than moved in during 2016. While Mississippi had positive natural growth in 2016, the state’s death rate was relatively high, and the natural population growth was lower than the national average. Many residents exited the state due to the state’s low quality of life, and depressed economy. Today, over 20% of state residents live in poverty, the largest share in the country.

New York
New York is one of many Northeastern states whose populations are rapidly declining due to outbound migration. While the state gained a net total of 118,478 new residents from other countries, over 190,000 residents moved out of New York to another state in 2016 than moved in.
