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26.771.10 101st Legislative Session 153
2026 South Dakota Legislature
Senate Bill 153
ENROLLED
AN ACT
ENTITLED An Act to prohibit certain restrictions in employment contracts for
community services providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 53-9-11.2 be AMENDED:
53-9-11.2. Notwithstanding § 53-9-11, a provision of a contract, entered into on
or after July 1, 2023, is voidable if it restricts a practitioner, as defined in § 53-9-11.1,
from practicing or otherwise providing professional services in accordance with the
applicable scope of practice, after the conclusion of the practitioner's employment or after
the dissolution of a partnership or other form of professional relationship.
Notwithstanding § 53-9-11, a provision of a contract, entered into on or after July
1, 2026, is voidable if it restricts a community services provider, as defined in § 27B-1-
17, from employment in or otherwise providing services to individuals with developmental
disabilities, after the conclusion of the provider's employment or after the dissolution of a
partnership or other form of contractual relationship.
This section does not apply to any contractual provision that:
(1) Is effective upon the sale of a practice or interest in a practice; or
(2) Restricts a practitioner or community services provider from soliciting current
patients or clients of the former employer, partnership, or other professional
relationship, provided the solicitation complies with the geographic and temporal
limitations as referenced in § 53-9-11.
The term, soliciting, as used in this section, means a targeted affirmative act,
directed toward any patient or client of the practitioner's or community services provider's
former employer, partnership, or other professional relationship, for the purpose of
convincing the patient or client to transfer the patient or client's care or business to the
practitioner or community services provider, or to the practitioner's or community services
provider's new employer, partner, or professional relationship.
26.771.10 2 153
SB153 ENROLLED
An Act to prohibit certain restrictions in employment contracts for community services
providers.
I certify that the attached Act originated in
the:
Senate as Bill No. 153
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk of the House
Senate Bill No. 153
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State