North Dakota is one of a handful of states where the default answer on non-competes is no. Century Code section 9-08-06 says that a contract restraining anyone from exercising a lawful profession, trade or business is void to that extent, and it names only two exceptions. If you are an associate signing here, or an owner drafting here, that statute is the most important thing on this page. The equipment side is unusually tidy too: registration runs on a three year cycle with published per-machine fees.
Key takeaways
- Under NDCC 9-08-06, a contract restraining anyone from exercising a lawful profession, trade or business is void to that extent. The two exceptions are a sale of the goodwill of a business and a dissolution of a partnership, LLC or corporation, each limited to a reasonable geographic area.
- Dentists renew in odd years by December 31 and need 32 CE hours, with a maximum of 16 by self-study. Hygienists renew in odd years and need 16 hours, maximum 8 self-study.
- Registered and qualified dental assistants renew in even years by December 31 and need 16 hours, maximum 8 self-study. Licensees within 24 months of first licensure are excused from CE, but CPR or BLS must be maintained at all times regardless.
- X-ray registration runs through the Department of Environmental Quality, is due within 30 days of installation, and is paid per machine for a three year period. General dentistry machines are listed at $230 each.
- Where the machine is leased, the person in possession is the registrant and carries the compliance obligation.
Rules change. Everything below was checked against an official North Dakota or federal source in September 2026. Fees, CE rules and statutes change. Confirm with the agency and with a North Dakota attorney before you act on anything here.
Who regulates what
| Topic | Agency | Official link |
|---|---|---|
| Dentist, hygienist and dental assistant licensure | North Dakota State Board of Dental Examiners | ND Board of Dental Examiners |
| Continuing education | ND Board of Dental Examiners | Continuing education overview |
| License and registration renewal | ND Board of Dental Examiners | License and registration renewal |
| X-ray machine registration | ND Department of Environmental Quality, Radiation Control Program | DEQ X-Ray program |
| Registration form and fee schedule | ND DEQ Radiation Control Program | SFN 8428, radiation machine registration |
| Non-competes and restraint of trade | North Dakota Century Code, Title 9 | NDCC Chapter 9-08 |
| Amalgam separators and dental wastewater | US EPA rule, enforced through your local pretreatment control authority | EPA Dental Effluent Guidelines |
| Sales and use tax on equipment | ND Office of State Tax Commissioner | ND Tax Commissioner |
License renewal and continuing education
North Dakota staggers its renewal years by credential, which is the detail that trips up an office trying to run one compliance calendar.
| Credential | CE hours | Self-study maximum | Renewal |
|---|---|---|---|
| Dentist | 32 | 16 | Odd years, December 31 |
| Dental hygienist | 16 | 8 | Odd years, December 31 |
| Registered or qualified dental assistant | 16 | 8 | Even years, December 31 |
The board draws a clear line between live and self-study. Live sessions involve real-time interaction between presenters and attendees, whether in person or remote, so a genuinely interactive webinar can count as live. Self-study is defined as an education process designed to let a participant learn a subject without the involvement of a proctor, and that is what the caps in the table above limit.
Newly licensed practitioners get a break on hours but not on emergency readiness. A practitioner licensed within 24 months of a renewal may skip the CE requirement, but CPR or BLS (or ACLS and PALS where a permit requires it) must be maintained at all times.
The board runs random audits quarterly, and it asks for real documentation: syllabi, completion certificates and proof of payment from the previous renewal cycle. Proof of payment is the item most people cannot produce two years later. Save the receipt with the certificate in the same folder when you register for a course, not when the audit letter arrives.
X-ray equipment: registration and inspection
The Department of Environmental Quality's Radiation Control Program registers machine sources of ionizing radiation. The core rules:
- Deadline. Apply within 30 days of installation.
- Who registers. The owner, except that for leased equipment the person in possession of the machine is the registrant and carries compliance responsibility.
- Fee period. Registration fees cover a three year period and are charged per machine, not per facility. The registration form lists general dentistry machines (intraoral, cephalometric, panoramic and related types) at $230 per machine, and a dental podiatry category at $260.
- Forms. SFN 8428 is the registration form. A change of status notification covers equipment replacements. SFN 7590 handles reciprocity for machines registered in another state.
- Payment. By check or money order to the Radiation Control Program in Bismarck, or through the department's online portal.
On inspections, the department says the schedule varies by facility type. Mammography is inspected annually, veterinary facilities once every seven years, and other facilities are scheduled based on their potential impact on public and operator health and safety. The department contacts facilities in advance to schedule, and inspections cover policy review, equipment testing and records. It does not publish a specific dental interval, so ask when you register. Contact the program at 701-328-5166 or x-ray@nd.gov.
For general mechanics, see our guide to dental x-ray registration and inspections, plus the equipment pages on intraoral x-ray units, panoramic units and CBCT units.
Buying and selling used equipment in North Dakota
Per machine, for three years, paid up front
Because North Dakota charges per machine for a three year block, the arithmetic of adding imaging is different from states that bill annually. A practice adding two used intraoral units is looking at a registration cost per machine that is real but predictable, and a practice that buys a pan and a CBCT is registering each of them. Build the registration line into your equipment budget the same way you build in freight and installation. Our operatory cost estimator and the hidden costs of buying used equipment cover the rest of the tail.
Leases put compliance on the tenant
North Dakota is explicit that where equipment is leased, the person in possession is the registrant. If you are leasing a CBCT rather than buying it, do not assume the leasing company handles registration or carries the compliance obligation. You do. Read that alongside our comparison of leasing, financing and paying cash for dental equipment.
Changes and closures
Equipment replacements go on a change of status notification. Ask a seller for the current registration and machine list during diligence, then walk the operatories and compare serial numbers. A three year fee cycle means a stale registration can sit uncorrected for a long time before anyone notices, which is precisely why the mismatch tends to show up at the worst moment.
Amalgam separators and wastewater
The federal EPA dental effluent rule at 40 CFR Part 441 applies to dental dischargers that place or remove amalgam and send wastewater to a publicly owned treatment works: a compliant separator, the best management practices (no flushing scrap amalgam, no bleach or other oxidizing line cleaners), and a one-time compliance report filed with your pretreatment control authority, usually the city utility. EPA does not address ownership changes, so ask the utility what it wants from an incoming owner. See amalgam separators.
Lead, chemicals and old processors
Lead foil, lead aprons, spent fixer and developer, and lead-lined cabinets need a licensed waste vendor and manifests you keep. See dental waste disposal and disconnecting dental equipment safely, and run the pre-purchase equipment checklist before you commit.
Non-competes and employment
This is the section that matters most in North Dakota. Century Code section 9-08-06 states that a contract by which anyone is restrained from exercising a lawful profession, trade or business of any kind is, to that extent, void. It then lists two exceptions:
- Sale of goodwill. A person who sells the goodwill of a business may agree with the buyer not to carry on a similar business within a reasonable geographic area and for a reasonable length of time, so long as the buyer carries on a like business there.
- Dissolution. Partners, members of a limited liability company, or shareholders may, on dissolution or on dissociation from the entity, agree not to carry on a similar business within a reasonable geographic area where the business has been transacted.
Read those two exceptions against a normal dental career. An employed associate who signs a two year, ten mile restrictive covenant is not selling goodwill and is not dissolving an entity. A selling owner who agrees not to open across the street is squarely inside the first exception. A departing partner in a group practice may be inside the second. The statutory default in North Dakota is not "reasonable restrictions are enforceable." It is void, with named exceptions.
That has two practical consequences. For associates: do not assume a restrictive covenant in your offer means what the same language would mean in Minnesota or South Dakota, and do not sign away leverage you may not have needed to give. For owners: if you are protecting real value, structure matters more than drafting. A covenant tied to an actual purchase of goodwill or an actual equity interest stands on different statutory ground than one tied to employment alone, and that is a conversation to have with a North Dakota attorney before you paper a buy-in.
None of that is legal advice about your agreement, and courts decide what "reasonable" means in each case. At the federal level, the FTC's non-compete rule is not in effect. The Commission voted on September 5, 2025 to dismiss its appeals and accede to the court decisions vacating the rule, so state law governs. See our national overview of non-compete agreements for dentists, the associate contract red flags guide, and how buy-ins actually work.
What we could not confirm
- How often North Dakota inspects dental x-ray facilities. The department publishes intervals for mammography and veterinary facilities but schedules others by risk without a stated dental interval.
- What training a North Dakota dental assistant must complete before exposing radiographs, and how the registered and qualified dental assistant credentials differ on radiography.
- Mandatory CE subject matter for North Dakota dentists beyond the CPR and BLS requirement. The board publishes hour totals and self-study caps but we could not confirm a list of required topics.
- Whether any North Dakota statute or rule addresses dentist non-competes specifically, as opposed to the general rule in 9-08-06.
- Sales and use tax treatment of dental equipment, especially private-party purchases. Confirm with the Office of State Tax Commissioner and your CPA.
- North Dakota limits on non-dentist ownership of a dental practice. Confirm with a dental-specific attorney.
Where to verify
- North Dakota State Board of Dental Examiners: continuing education and license and registration renewal
- ND Department of Environmental Quality: X-ray program and SFN 8428 registration form and fee schedule
- North Dakota Legislative Branch: Century Code Chapter 9-08, including section 9-08-06
- US Environmental Protection Agency: dental effluent guidelines, 40 CFR Part 441
- Federal Trade Commission: September 2025 statement on the non-compete rule
- North Dakota Office of State Tax Commissioner: tax.nd.gov
Putting it to work
If you are an associate weighing a North Dakota offer, read 9-08-06 before you read the covenant, and bring a North Dakota attorney into the conversation rather than a national contract review service that treats every state the same. If you are an owner, understand that protecting your practice here runs through equity and goodwill structures more than through employment covenants. On the equipment side, register within 30 days, remember that a lessee is the registrant, and budget registration as a per-machine, three year cost rather than an annual nuisance.
Related reading: non-compete agreements for dentists, x-ray registration and inspections, the associate contract review checklist, and the rest of the state resources directory.
This guide is educational content and does not constitute legal, financial, tax, or clinical advice. Laws and regulations vary by state and change over time. Consult your own dental-specific attorney, CPA, and state dental board before acting.