Health care provider--Contract to restrict practice--Prohibition--Exception.

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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.


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