Non-Compete and Non-Solicit for Injectors: What's Enforceable After the FTC Rule Shakeout

The non-compete is the shakiest tool

The uncomfortable reality is that non-compete enforceability varies significantly by state and is in a period of real legal change and uncertainty. Non-competes have faced increasing scrutiny and restriction across various jurisdictions, which means an agreement that felt solid when you signed it may be considerably less reliable now. Whether a given non-compete holds depends on your state's law and the specifics of the agreement — and relying on it as your primary protection against a departing injector is a bet on a contested legal instrument. The owner who assumes "they signed a non-compete, so they can't take my patients" may be assuming protection that wouldn't survive a challenge. The tool you most depend on is the one whose ground is shifting most.

Non-solicit and confidentiality: often sturdier

There's an important distinction owners should understand. A non-compete restricts a former employee from working in competition at all — a broad restraint that's increasingly disfavored. A non-solicit restricts them from soliciting your patients or staff, and confidentiality provisions protect your information. These narrower protections are sometimes more defensible than broad non-competes, because they restrain specific harmful conduct rather than someone's ability to earn a living. Enforceability still depends on state law and the specifics, but as a general matter, leaning on well-drafted non-solicit and confidentiality terms — rather than betting everything on a broad non-compete — is often the more durable legal posture. Counsel can structure agreements toward the protections most likely to hold in your jurisdiction.

The real protection isn't a contract

Here's the strategic insight that matters most: the most reliable protection against losing patients with a departing injector isn't a legal document at all — it's building patient loyalty to the practice, not just the individual. When patients are loyal to the injector alone, a contract is your only defense, and a contested one at that. When patients are loyal to the practice — its brand, its systems, its experience, its multiple touchpoints and providers — a single injector's departure is survivable, because the relationship was never solely with that person. Strong systems, a real brand, a patient experience that belongs to the practice, and relationships that extend beyond one provider are what actually retain patients when an injector leaves. Retention by design beats reliance on a contested contract, because it works whether or not the agreement holds.

Combine the two

The sound approach combines both: defensible agreement terms (often weighted toward non-solicit and confidentiality, structured by counsel for your state) and a deliberate strategy to make patients loyal to the practice rather than only the individual. The agreement is a backstop; the loyalty-to-the-practice strategy is the real protection. An owner who has only the contract is exposed if it doesn't hold; an owner who has only the loyalty strategy lacks a backstop for the cases where someone does try to solicit. Both together — a defensible agreement and a practice patients are attached to independent of any one injector — is the position that actually protects you.

What to do

• Don't rely on a broad non-compete as your primary protection — enforceability is uncertain and increasingly restricted; treat it as contested, not guaranteed.
• Work with counsel toward defensible terms, often weighted to non-solicit and confidentiality provisions structured for your state's law.
• Build patient loyalty to the practice, not just the injector — brand, systems, experience, and multi-provider relationships that survive any one departure.
• Combine both: a defensible agreement as backstop and a retention-by-design strategy as the real protection.

The threat of a departing injector taking your patients is real because, in aesthetics, patients often follow the person — and the legal tool owners most rely on to prevent it, the non-compete, is the one whose enforceability has become most uncertain. The durable answer isn't a stronger contract; it's a practice patients are loyal to independent of any single injector, backed by defensible non-solicit and confidentiality terms as a backstop. Build the loyalty into the practice and the protection into the agreement with counsel, and a star injector's departure becomes survivable. Depend on a contested non-compete alone, and you'll find out whether it holds at the worst possible moment — when your best injector and your patients are already walking out together.