SB 153

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
An Act to prohibit certain restrictions in employment contracts for community services
providers.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 Senate as Bill No. 153
                                                     By
                       Secretary of the Senate  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                       President of the Senate  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                       Secretary of the Senate
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                          Speaker of the House
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                     Chief Clerk of the House  Secretary of State
 Senate Bill No. 153  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
SB153 ENROLLED