South Dakota physician non-compete law
Physician non-competes are generally not enforceable in South Dakota.
If your contract is governed by South Dakota law, a physician non-compete is generally void — the state does not let an employer restrict where you practice after you leave. The clause may still appear in your contract; that alone does not make it enforceable. Confirm the restriction is tied to employment (not the sale of a practice or an ownership stake), and don't let an unenforceable clause talk you out of a move it cannot actually block.
- Posture
- Banned for physicians (statutory)
- Last reviewed
- 2026-06-10
- Radius that tends to stand
- —
- Term that tends to stand
- —
Governing law: S.D. Codified Laws § 53-9-11.1
These are the general rules for South Dakota. Your contract's exact radius, term, and buyout decide how it actually lands. See how your own clause compares — free.
Check your contract — free →The detailed picture
SDCL § 53-9-11.1 (enacted via HB 1154, effective July 1, 2021) voids non-compete restrictions in employment/partnership/professional contracts for physicians (and PAs, CNPs, CNMs, CRNAs, RNs, LPNs): no contract may restrict their right to practice or provide services in any geographic area for any period of time after termination, nor restrict treating/consulting current patients or establishing new relationships with existing patients. The sole exception is a non-compete tied to the sale and purchase of a practice. Non-solicitation and non-disclosure agreements remain enforceable; the general two-year non-compete cap in § 53-9-11 governs only non-healthcare employees. The physician ban dates to July 1, 2021 — HB 1185 (signed March 27, 2023) did NOT change the physician carve-out; it merely ADDED ~13 more healthcare professions (e.g., respiratory practitioners, athletic trainers, mental health counselors) to the protected list, which is why some secondary sources mistakenly cite a 2023 effective date. No 2024-2026 amendment altered the physician ban (2025 SD bills HB 1071 = PA practice criteria and HB 1132 = childcare were unrelated to non-competes). NOTE: a $350,000-income / 1-year / 10-mile tiered cap circulating in some summaries is MARYLAND's 2025 law (eff. July 1, 2025), NOT South Dakota — it does not apply here.
Common questions
Are physician non-competes enforceable in South Dakota?
Physician non-competes are generally not enforceable in South Dakota. Governing law: S.D. Codified Laws § 53-9-11.1.
My South Dakota contract still has a non-compete — does that matter?
A clause can appear in a contract without being enforceable. Under South Dakota law a physician employment non-compete is generally void, so confirm the restriction is not tied to a practice sale or ownership interest, and check your own contract's exact wording.
Other states
General legal information, not legal advice. Non-compete enforceability turns on the exact wording of your contract and your circumstances; this page describes the state's general posture as last reviewed 2026-06-10.