Nevada 2021 Regular Session Status: Enacted Bipartisan · 4 D · 1 R cosponsors

SB 196 — Prohibits the performance of a pelvic examination in certain circumstances. (BDR 54-34)

Last action — Approved by the Governor. Chapter 287.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 09, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    6 primary, 5 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 1 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

751 added · 796 removed

Plain-language change summary

The updated version of Senate Bill 196 now clearly prohibits healthcare providers from performing pelvic examinations on anesthetized or unconscious patients without informed consent, except in specific medical situations. Additionally, it allows for professional penalties against providers who violate these rules. This change is important as it aims to protect patients' rights and ensure their consent is prioritized during medical procedures, thereby promoting ethical practices in healthcare.

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(Reprinted with amendments adopted on May 19, 2021) FIRST REPRINT S.B.
Senate Bill No.
196 S ENATE B ILL NO .
196–Senators Lange, Hardy, Hammond, Scheible, Pickard;
196–SENATORS L ANGE , HARDY , HAMMOND , SCHEIBLE ;
Donate, D.
D ONATE , D.
Harris, Ohrenschall and Seevers Gansert Joint Sponsors:
H ARRIS, O HRENSCHALL AND SEEVERS GANSERT M ARCH 9, 2021 ____________ JOINT S PONSORS :
Assemblywomen Tolles;
ASSEMBLYWOMEN T OLLES;AND D ICKMAN ____________ Referred to Committee on Commerce and Labor SUMMARY—Prohibits the performance of a pelvic examination in certain circumstances.
and Dickman CHAPTER..........
(BDR 54-34) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Section 1 also prohibits a provider of health care from performing a pelvic examination on an anesthetized or unconscious patient who has not provided informed consent unless:
Section also prohibits a provider of health care from performing a pelvic examination on an anesthetized or unconscious patient who has not provided informed consent unless:
(1) the pelvic examination is within the scope of a procedure or examination to which the patient has consented;
(1) the pelvic examination is within the scope of a procedure or examination examination is required for diagnostic purposes and is medically necessary;
(2) the patient is unconscious and the pelvic the pelvic examination is performed as part of a forensic medical examination on an alleged victim of sexual assault who is unconscious and is justified by exigent circumstances.
or (3) the pelvic examination is performed as part of a forensic medical examination on an alleged victim of sexual assault who is unconscious and is justified by exigent circumstances.
(1) performing or - *SB196_R1* – 2 – supervising the performance of a pelvic examination that his or her supervising provider of health care is prohibited from supervising;
(1) performing or supervising the performance of a pelvic examination that his or her supervising performance of a pelvic examination by any other person outside the immediatee presence of his or her supervising provider of health care.
or (2) supervising the presence of his or her supervising provider of health care.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(a) Perform or supervise the performance of a pelvic examination that the provider of health care is not appropriately licensed, certified or registered to perform or is not within the scope of practice of the provider of health care;
(a) Perform or supervise the performance of a pelvic examination that the provider of health care is not appropriately - 81st Session (2021) – 2 – licensed, certified or registered to perform or is not within the scope of practice of the provider of health care;
or (b) Perform a pelvic examination on an anesthetized or unconscious patient or supervise the performance of a pelvic examination on such a patient without first obtaining the informed consent of the patient unless:
or (b) Perform a pelvic examination on an anesthetized or unconscious patient or supervise the performance of a pelvic informed consent of the patient unless:irst obtaining the (1) The pelvic examination is within the scope of a surgical procedure or diagnostic examination to which the patient has given informed consent;
(1) The pelvic examination is within the scope of a surgical procedure or diagnostic examination to which the patient has given informed consent;
(a) “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.
to it in NRS 217.300.cal examination” has the meaning ascribed (b) “Sexual assault” has the meaning ascribed to it in NRS 200.366.
- *SB196_R1* – 3 – (b) “Sexual assault” has the meaning ascribed to it in NRS 200.366.
or (3) Which is in violation of a provision of chapter 639 of NRS, or a regulation adopted by the State Board of Pharmacy pursuant thereto, that is applicable to a licensee who is a practitioner, as defined in NRS 639.0125.
or (3) Which is in violation of a provision of chapter 639 of NRS, or a regulation adopted by the State Board of Pharmacy - 81st Session (2021) – 3 – pursuant thereto, that is applicable to a licensee who is a practitioner, as defined in NRS 639.0125.
(c) Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or herself or to others except as authorized by law.
(c) Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to (d) Performing, assisting or advising the injection of anyd by law.
(d) Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.
substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.
(k) Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.
(k) Failure by a licensee or applicant to report in writing, within days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign surrender of a license to practice medicine in another jurisdiction.r The provisions of this paragraph do not apply to any disciplinary action taken by the Board or taken because of any disciplinary action taken by the Board.
The provisions of this paragraph do not apply to any disciplinary - *SB196_R1* – 4 – action taken by the Board or taken because of any disciplinary action taken by the Board.
(l) Failure by a licensee or applicant to report in writing, within days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(l) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
or (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
or - 81st Session (2021) – 4 – (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
(o) Failure to comply with the requirements of NRS 630.373.
(u) Failure to comply with the provisions of NRS 454.217 or 629.086.
or 629.086.ure to comply with the provisions of NRS 454.217 (v) Performing or supervising the performance of a pelvic examination in violation of section 1 of this act.
(v) Performing or supervising the performance of a pelvic examination in violation of section 1 of this act.
2.
- *SB196_R1* – 5 – 2.
(a) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical.
- 81st Session (2021) – 5 – (a) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical.
(b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
(b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not incompetence.gross or repeated malpractice or professional 3.
3.
or (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
or revocation of the license pursuant to NRS 449.160.the suspension or This subsection applies to an owner or other principal responsible for the operation of the facility.
Show all 132 changed rows (92 more)
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 This subsection applies to an owner or other principal responsible for the operation of the facility.
- *SB196_R1* – 6 – Sec.
Sec.
4.
- 81st Session (2021) – 6 – 4.
Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;
Administering, dispensing or prescribing any controlled if it is not required to treat the dentist’s patient;
6.
454 of NRS, 6.
Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inc10.iveFailure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
10.
Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
- *SB196_R1* – 7 – 12.
12.
(a) The license of the facility is suspended or revoked;
- 81st Session (2021) – 7 – (a) The license of the facility is suspended or revoked;
This subsection applies to an owner or other principal responsible for the operation of the facility.
This subsection applies to an owner or other principal responsible forSec.
Sec.
5.eraNRS 632.347 is hereby amended to read as follows:
5.
NRS 632.347 is hereby amended to read as follows:
(e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.
(e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by (f) Is a person with mental incompetence.
(f) Is a person with mental incompetence.
- *SB196_R1* – 8 – (3) Impersonating another licensed practitioner or holder of a certificate.
(3) Impersonating another licensed practitioner or holder of a certificate.
(5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.
- 81st Session (2021) – 8 – (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.
(7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
(7) Conviction for the use or unlawful possession of a NRS.rolled substance or dangerous drug as defined in chapter 454 of (h) Has willfully or repeatedly violated the provisions of this chapter.
(h) Has willfully or repeatedly violated the provisions of this chapter.
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsect(3) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS;
(3) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS;
- *SB196_R1* – 9 – (p) Has operated a medical facility at any time during which:
(p) Has operated a medical facility at any time during which:
or (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.
or - 81st Session (2021) – 9 – (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.
(q) Is an advanced practice registered nurse who has failed to obtain any training required by the Board pursuant to NRS 632.2375.
obtain Isany adtrainingrarequiredgisbyredtherseBoardhas pursuanto to NRS 632.2375.
Sec.
633.511 N1.
6.
NRS 633.511 is hereby amended to read as follows:
633.511 1.
- *SB196_R1* – 10 – (6) Assault with intent to kill or to commit sexual assault or mayhem;
- 81st Session (2021) – 10 – mayhem;(6) Assault with intent to kill or to commit sexual assault or (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(i) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(i) Operation of a medical facility, as defined in NRS 449.0151, at any (1) The license of the facility is suspended or revoked;
(1) The license of the facility is suspended or revoked;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
licensed pursuant to chapter 639 of NRS and which has beenis recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(m) Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.
- 81st Session (2021) – 11 – (m) Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.
- *SB196_R1* – 11 – (n) Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.
(n) Terminating the medical care of a patient without adequate of the patient.ut making other arrangements for the continued care (o) In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.
(o) In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.
(q) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(q) Failure by a licensee or applicant to report in writing, within days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(u) Failure to obtain any training required by the Board pursuant to NRS 633.473.
(u) Failure to obtain any training required by the Board pursuant to (v) Failure to comply with the provisions of NRS 633.6955.
(v) Failure to comply with the provisions of NRS 633.6955.
Sec.
- 81st Session (2021) – 12 – Sec.
2.
Incompetence or negligence in the practice of chiropractic.
Conviction of:
Conviction of:r negligence in the practice of chiropractic.
- *SB196_R1* – 12 – (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
Sec.
634A.170 NRSThe Board may refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
8.
NRS 634A.170 is hereby amended to read as follows:
634A.170 The Board may refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
3.
- 81st Session (2021) – 13 – 3.
5.
name other than one’s own;icing or attempting to practice under a 6.
Advertising, practicing or attempting to practice under a name other than one’s own;
6.
- *SB196_R1* – 13 – 7.
7.
16.
practice in the professional use of his or her name by the term doctor of Oriental medicine;
Failure of a licensee to designate the nature of his or her practice in the professional use of his or her name by the term doctor of Oriental medicine;
or (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
or - 81st Session (2021) – 14 – (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Sec.
635.130 N1.
9.
NRS 635.130 is hereby amended to read as follows:
635.130 1.
- *SB196_R1* – 14 – (b) Suspend or revoke a license.
(b) Suspend or revoke a license.
(e) Conviction of a crime involving moral turpitude.
(m) Failure to comply with the requirements of subsection 1 of NRS 635.118.
- 81st Session (2021) – 15 – (m) Failure to comply with the requirements of subsection 1 of NRS 635.118.
(o) Willful violation of the regulations adopted by the State Board of Pharmacy.
Board of Pharmacy.lation of the regulations adopted by the State (p) Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(p) Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
- *SB196_R1* – 15 – (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(s) Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
453.164, 453.226, 639.23507, 639.23535 and 639.2391 to3.163, 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
(a) Refuse to issue a license or temporary license to any applicant.
- 81st Session (2021) – 16 – (a) Refuse to issue a license or temporary license to any applicant.
(c) Suspend or revoke the license or temporary license of any person.
person.Suspend or revoke the license or temporary license of any (d) Place any person who has been issued a license or temporary license on probation.
(d) Place any person who has been issued a license or temporary license on probation.
- *SB196_R1* – 16 – (c) Is, in the judgment of the Board, guilty of immoral or unprofessional conduct.
(c) Is, in the judgment of the Board, guilty of immoral or unprofessional conduct.
(h) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.
(h) Has been declared insane by a court of competent jur(i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his or her referral of a patient.
(i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his or her referral of a patient.
This paragraph applies to an owner or other principal responsible for the operation of the facility.
- 81st Session (2021) – 17 – This paragraph applies to an owner or other principal responsible for the operation of the facility.
Sec.
640A.200 N1.
11.
6The Board may, after notice and a hearing as:
NRS 640A.200 is hereby amended to read as follows:
required by law, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the Board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare.
640A.200 1.
The Board may, after notice and a hearing as required by law, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the Board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare.
Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS - *SB196_R1* – 17 – 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Board receives the report.
Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Board receives the report.
or (2) Any crime involving moral turpitude;
or (c) The violation of any provision of this chapter or regulation of the Board adopted pursuant to this chapter;
(c) The violation of any provision of this chapter or regulation of the Board adopted pursuant to this chapter;
The Board may refuse to issue a license to an applicant or may take disciplinary action against a licensee if, after notice and a hearing as required by law, the Board determines that the applicant or licensee:
The Board may refuse to issue a license to an applicant or may take disciplinary action against a licensee if, after - 81st Session (2021) – 18 – notice and a hearing as required by law, the Board determines that the applicant or licensee:
(a) Has submitted false or misleading information to the Board or any agency of this State, any other state, the Federal Government or the District of Columbia;
(a) Has submitted false or misleading information to the Board or any agency of this State, any other state, the Federal Government or (b) Has violated any provision of this chapter or any regulation adopted pursuant thereto;
(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto;
- *SB196_R1* – 18 – (j) Has been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;
(j) Has been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;
(l) If the licensee is on probation, has violated the terms of the probation;
probation;the licensee is on probation, has violated the terms of the (m) Has terminated professional services to a client in a manner that detrimentally affected that client;
(m) Has terminated professional services to a client in a manner that detrimentally affected that client;
(a) Refuse to issue a license to the applicant;
- 81st Session (2021) – 19 – (a) Refuse to issue a license to the applicant;
(e) Impose an administrative fine of not more than $5,000;
H - *SB196_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

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Action History

  1. Approved by the Governor. Chapter 287.

  2. Enrolled and delivered to Governor.

  3. In Senate. Assembly Amendment No. 565 concurred in. To enrollment.

  4. Read third time. Passed, as amended. Title approved. (Yeas: 41, Nays: None, Absent: 1.) To Senate.

  5. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 565.) To printer.

  7. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  8. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  9. Taken from General File. Placed on General File for next legislative day.

  10. Read second time.

  11. From committee: Do pass.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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6 sponsors · 5 co-sponsors · 56 not signed on

Sponsors (6)

Co-sponsors (5)

Not signed on (56)

56 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

Who sponsors SB 196?
SB 196 is sponsored by Lange, Roberta (Democratic), Joseph Hardy, Scheible, Melanie (Democratic), Doñate, Fabian (Democratic), Ohrenschall, James (Democratic), Heidi Seevers Gansert, Dickman, Jill (Republican), Harris, Dallas, Jill Tolles, Keith Pickard, and Scott Hammond.
What is the current status of SB 196?
This bill has been enacted into law. Introduced March 09, 2021. Enacted.
Where can I track SB 196?
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