AB 91 — Establishes provisions concerning the sterilization of protected persons. (BDR 13-173)

(ReprintedAssembly withBill amendmentsNo. adopted on April 8, 2019) FIRST REPRINT A.B.

9191–Committee Aon SSEMBLYJudiciary BILLCHAPTER.......... NO .

91–COMMITTEE ON UDICIARY (ON B EHALF OF THE L EGISLATIVE C OMMITTEE ON SENIOR CITIZENS , ETERANS AND A DULTS W ITH SPECIAL N EEDS ) PREFILED JANUARY 24, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions concerning the sterilization of protected persons.

(BDR 13-173) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegExistingLegislative lawCounsel’s providesDigest: that unless a guardian applies for and obtains the requisite authority from a court, the guardian is prohibited from consenting to the:

Existing law provides that unless a guardian applies for and obtains the requisite authority from a court, the guardian is prohibited from consenting to the:

orcircumstances (3)in sterilizationwhich ofa court may authorize a protectedguardian person.to consent to andthe commence any such treatment or experiment.

Existing(NRS law159.0805) alsoSection sets forth the circumstances in which a court may authorize a guardian to consent to and comSection 1 of this bill establishes additional provisions relating to a guardian’s application to a court for the authority to consent to the sterilization of a protected person.

(1) appoint an attorney and a guardian ad litemauthorizing for the protectedguardian person;to consent to the sterilization.

andSection (2)1 conductalso aprovides fullthat evidentiarya hearingcourt beforemay authorizingauthorize thea guardian to consent to the sterilization.sterilization of a protected person only if the court finds by clear and convincing evidence that the sterilization is in the best interest of the protected person, but requires the court to consider whether any less irrevocable and intrusive means of contraception would be suitable before granting such authority.

SectionEXPLANATION 1– alsoMatter providesin thatbolded aitalics courtis maynew; authorize a guardian to consent to the sterilization of a protected person the best interest of the protected person, but requires the court to consider whether any less irrevocable and intrusive means of contraception would be suitable before granting such authority.

-matter *AB91_R1*between –brackets 2[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 80th Session (2019) – 2 – 4.

or (b) [The sterilization of a protected person;

- *AB91_R1* – 3 – Sec.

The amendatory provisions of this act apply to an application by a guardian for the authority to consent to the aftersterilization Januaryof 1,a 2020.tectedprotected person that is submitted to a court on or Sec.after January 1, 2020.

Sec.

H~~~~~ 19 - *AB91_R1*80th Session (2019)