SB 179 — Revises provisions relating to abortions. (BDR 40-567)

(ReprintedSenate withBill amendmentsNo. adopted on May 20, 2019) SECOND REPRINT S.B.

179179–Senators SENATECancela, BILLRatti, NOScheible; .

179–SENATORSBrooks, CANCELACannizzaro, ,Dondero RATTI,Loop, SCHEIBLE;D.

BROOKSHarris, ,Ohrenschall, CParks, ANNIZZARO,Spearman Dand ONDEROWoodhouse LOOPJoint ,Sponsors: D.

HAssemblymen ARRIS,Spiegel, OHRENSCHALLBilbray-Axelrod, ,Peters, ARKS,Nguyen; PEARMAN AND W OODHOUSE FEBRUARY 18, 2019 ____________ JOINT SPONSORS :

ASSEMBLYMENAssefa, SPIEGEL,Carrillo, BILBRAYDuran, -AXELRODFumo, ,Gorelow, PETERS,Jauregui, NMartinez, GUYEN;McCurdy, Miller, Munk, Thompson and Watts CHAPTER..........

A SSEFA, CARRILLO , DURAN , FUMO , GORELOW , AUREGUI , M ARTINEZ, M CCURDY , M ILLER, M UNK, THOMPSON AND W ATTS ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to abortions.

(BDR 40-567) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law in NRS 442.250 regulates the medical conditions under which abortionsand approved by a referendum of the voters at the 1990 general election, Section 1 of Article 19 of the Nevada Constitution dictates that the provisions of NRS 442.250 may not be performedamended, annulled, repealed, set aside, suspended or in thisany State.way made inoperative except by the direct vote of the people.

Because NRS 442.250 was submitted to of Article 19 of the Nevada Constitution dictates that the provisions of NRStion 1 442.250 may not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people.

(NRS 442.253) Because the requirements concerning informed consent were not part of the referendum in 1990, directthey votemay ofbe theamended people.ealedor repealed by the Legislature without being approved by the -direThis *SB179_R2* – 2 – This bill revises the requirements in existing law relating to informed consent.

266, 267-69 (19Existing(1967)) law requires a physician to certify in writing that a woman gave her informed written consent before performing an abortion in this State.

(2) inform a pregnant woman of the number of weeks which have elapsed fromimplications theof probablehaving timethe ofabortion. conception;

and(NRS (3)442.253)ain explain the physical and emotional implicationsSections 1 and 2 of havingthis bill revise the requirements for informed consent for an abortion.

(NRS 442.253) an abortion.

Section 1 also removes the requirement that a physician certify in writing that a woman gave her - 80th Session (2019) – 2 – informed written consent.

Section 2 additionally requires an attending physician or a person meetingwoman thein qualificationsan adoptedaccurate byand thethorough Divisionmanner: to explain orally to a pregnant proper procedures for her care after the abortion;

(1) the procedure to be used and thenant proper procedures for her care after the abortion;

Section 2 also requires an attending physician oranswer aany personquestions meeting the qualificationswoman adoptedhas byconcerning the Divisionprocedure; to:

(1) offer to answer any questions the woman has concerning the procedure;

Section 2 provides that informed (1)consent theshall formbe indicatingdeemed consentto hashave been signedgiven andby dateda bywoman certainseeking persons;an abortion when:

and(1) (2) if the form indicating consent is not written in a language understood by the pregnant woman, the person who explains certain information to the pregnant woman certifies that the information has been presentedsigned inand suchdated a manner as to be understood by thecertain woman.persons;

Existingand (2) if the form indicating consent is not written in a language understood by the pregnant woman, the person who explains certain information to the pregnant woman certifies that the information has been presented in such a manner as to be undeExisting law criminalizes certain actions relating to the termination of a pregnancy and prohibits a person from being excused from testifying as a witness in any prosecution relating to the termination of a pregnancy on the grounds that the testimony would tend to incriminate the person.

-EXPLANATION *SB179_R2* – 3Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

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

(a)]- ,80th orally:Session (2019) – 3 – (a)(1) Explain that, in his or her professional judgment, she is pregnant and a copy of her pregnancy test is available to her.

(1) Explain that, in his or her professional judgment, she is pregnant and a copy of her pregnancy test is available to her.

(III) If an interpreter is available to assist the woman because the woman does not understand the language used on a form indicating consent or the language used by the attending physician or person meeting the qualifications established by regulationsto adoptedprovide by the Division,explanation.Division, that an interpreter is available (b) Offer to provideanswer any questions the explanation.woman has concerning the procedure.

(b) Offer to answer any questions the woman has concerning the procedure.

[The attending physician shall verify that all material facts and information, which in the professional judgment of the physician are necessary to allow the woman to give her informed consent, have been provided to her and that her consent is informed.] The form indicating consent provided pursuant to - *SB179_R2* – 4 – subsection 1 must clearly describe the nature and consequences of the procedure to be used.

[If the woman does not understand English, the form indicating consent must be written in a language understood by her, or the attending physician shall certify on the form that the information required to be given has been presented in such a manner as to be understandable by her.

- 80th Session (2019) – 4 – (3) The attending physician who will perform the procedure;

and (b) If the form indicating consent is not written in a language understood by the woman, the person who performs the duties prescribed in subsection 1 has certified on the form that the information described in subsection 1 has been presented in such a manner as to be understood by the woman.beenwoman. presented in such Sec.