53-9-11.1. Health care provider--Contract to restrict practice--Prohibition--Exception.

A contract that creates or establishes the terms of employment, a partnership, or any other form of professional relationship, with a health care provider, may not restrict the right of the health care provider to:

(1)    Practice or provide services for which the provider is licensed, in any geographic area and for any period of time, after the termination of the employment, partnership, or other form of professional relationship;

(2)    Treat, advise, consult with, or establish a provider-patient relationship with any current patient of the employer, or with a patient affiliated with a partnership or other form of professional relationship; or

(3)    Solicit or seek to establish a provider-patient relationship with any current patient of the employer, or with a patient affiliated with a partnership or other form of professional relationship.

The prohibition of this section does not apply to a contract in connection with the sale and purchase of a practice.

For purposes of this section, a health care provider means:

(1)    A physician licensed in accordance with chapter 36-4;

(2)    A physician assistant licensed in accordance with chapter 36-4A;

(3)    A certified nurse practitioner licensed in accordance with chapter 36-9A;

(4)    A certified nurse midwife licensed in accordance with chapter 36-9A;

(5)    A certified registered nurse anesthetist authorized to practice in accordance with § 36-9-3.1;

(6)    A registered nurse authorized to practice in accordance with § 36-9-3; and

(7)    A licensed practical nurse authorized to practice in accordance with § 36-9-4.

Source: SL 2021, ch 205, § 2.

Effective July 1, 2023

SDLRC - Codified Law 53-9-11.1 - Health care provider--Contract to restrict practice--Prohibition--Exception.

53-9-11.1. Employment contract--Competition limitation upon termination--Practitioner defined.

For purposes of § 53-9-11.2, a practitioner means:

(1)    A physician licensed in accordance with chapter 36-4;

(2)    A physician assistant licensed in accordance with chapter 36-4A;

(3)    A paramedic or emergency medical technician licensed in accordance with chapter 36-4B;

(4)    A respiratory care practitioner licensed in accordance with chapter 36-4C;

(5)    A chiropractor licensed in accordance with chapter 36-5;

(6)    A dentist licensed in accordance with chapter 36-6A;

(7)    An optometrist licensed in accordance with chapter 36-7;

(8)    A podiatrist licensed in accordance with chapter 36-8;

(9)    A registered nurse authorized to practice in accordance with § 36-9-3;

(10)    A certified registered nurse anesthetist authorized to practice in accordance with § 36-9-3.1;

(11)    A licensed practical nurse authorized to practice in accordance with § 36-9-4;

(12)    A certified nurse practitioner or certified nurse midwife licensed in accordance with chapter 36-9A;

(13)    A certified professional midwife licensed under 36-9C;

(14)    A physical therapist licensed in accordance with chapter 36-10;

(15)    A nutritionist or dietician licensed in accordance with chapter 36-10B;

(16)    A pharmacist licensed in accordance with chapter 36-11;

(17)    An audiologist or hearing aid dispenser licensed in accordance with chapter 36-24;

(18)    A social worker licensed in accordance with chapter 36-26;

(19)    A psychologist licensed in accordance with chapter 36-27A;

(20)    An athletic trainer licensed in accordance with chapter 36-29;

(21)    An occupational therapist licensed in accordance with chapter 36-31;

(22)    A professional counselor or a professional counselor-mental health licensed in accordance with chapter 36-32;

(23)    A marriage and family therapist licensed in accordance with chapter 36-33;

(24)    An addiction and prevention professional licensed or certified in accordance with chapter 36-34;

(25)    A massage therapist licensed in accordance with chapter 36-35;

(26)    A genetic counselor licensed in accordance with chapter 36-36;

(27)    A speech language pathologist licensed in accordance with chapter 36-37; and

(28)    A behavior analyst licensed in accordance with chapter 36-38.

Source: SL 2021, ch 205, § 2; SL 2023, ch 160, § 2.