South Dakota § 53-9-11.2 - Employment contract--Practitioners and community services providers--Competition limitation upon termination--Voidability--Applicability.
Full text of South Dakota South Dakota Codified Laws § 53-9-11.2 — Employment contract--Practitioners and community services providers--Competition limitation upon termination--Voidability--Applicability., with citation guidance and answers to common questions.
§ 53-9-11.2. Employment contract--Practitioners and community services providers--Competition limitation upon termination--Voidability--Applicability.
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.
Source: SL 2023, ch 160, § 3; SL 2026, ch 196, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 53-9-11.2
What does South Dakota Codified Laws § 53-9-11.2 cover?
Section 53-9-11.2 ("Employment contract--Practitioners and community services providers--Competition limitation upon termination--Voidability--Applicability.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 53-9-11.2?
A common citation format is "South Dakota Codified Laws § 53-9-11.2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 53-9-11.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.