SB 131 — Revises provisions relating to reproductive health care. (BDR 54-44)

S.B.Senate Bill No.

131131–Senators SENATECannizzaro, BILLLange, NO.Scheible, Nguyen, Spearman;

131–SENATORSDaly, CANNIZZARODonate, ,Dondero ANGELoop, ,Flores, CHEIBLE,D. NGUYEN , SPEARMAN ;

DALYHarris, ,Neal, DONATE,Ohrenschall DONDEROand LPazina OOP,Joint FLORES,Sponsors: D.

ARRIS,Assemblymen EALAnderson, ,Backus, HRENSCHALLBilbray-Axelrod, ANDBrown-May, PAZINACarter, FCohen, EBRUARYConsidine, 9,D’Silva, 2023Duran, ____________González, JOINTGorelow, SPONSORS:Jauregui, La Rue Hatch, Marzola, Brittney Miller, C.H.

ASSEMBLYMENMiller, AMonroe-Moreno, NDERSONMosca, ,Newby, ACKUSNguyen, ,Orentlicher, BILBRAY-Peters, AXELRODSummers-Armstrong, ,Taylor, BROWNThomas, -MTorres, AY,Watts Cand ARTER,Yeager COHENCHAPTER.......... , CONSIDINE, D’SILVA, DURAN , GONZÁLEZ , GORELOW , AUREGUI , A RUE HATCH , MARZOLA , RITTNEY M ILLER, C.H.

ILLER, M ONROE-M ORENO , M OSCA, NEWBY , NGUYEN , ORENTLICHER , ETERS, SUMMERS -ARMSTRONG , AYLOR , THOMAS , ORRES , WATTS ANDY EAGER ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to reproductive health care.

(BDR 54-44) 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.

- *SB131* – 2 – Legislative Counsel’s Digest:

Existing law regulates the licensing, certification and registration of various providersSection 1 of this bill prohibits a health care licensing board from disqualifying a person from licensure or subjecting a person to discipline because he or she provided or assisted in providing certain reproductive health care services or was subject to judgment, discipline or other sanction in another state for providing or assisting in the provision of certain reproductive health care services if the consistent with standards for the practice of the relevant profession in this State.

(Chapters 630-637B and 639-641D of NRS) Section 1 of this bill prohibits a health care licensing board from disqualifying a person from licensure or subjecting a person to discipline because he or she provided or assisted in providing certain reproductive health care services or was subject to judgment, discipline or other sanction in another state for providing or reproductive health care services as provided would have been lawful andif the consistent with standards for the practice of the relevant profession in this State.

InUnited accordanceStates withConstitution, theexisting Extraditionstate Clauselaw ofprovides Sectionthat 2it ofis Articlethe IVduty of the Governor to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this State.

(NRS 179.181) Under existing law, the Governor is also authorized, but not required, to surrender, on demand of the - 82nd Session (2023) – 2 – executive authority of any other state, any person in this State charged in the other state with committing an act in this State, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, even and has not thereafter fled from that state.

(NRS 179.189) Section 2 of this billme, prohibits the Governor from surrendering, or issuing a warrant of arrest for, a person in this State who is charged in another state with a criminal violation of the laws of that other state if the violation involves the provision or receipt of or assistance with certain reproductive health care services, unless the acts forming the basis of the prosecution of the crime would also constitute a criminal offense under the laws of this State.

Section 2 excludes from this prohibition circumstances ininder which the executive authority of another state demands the surrender of a person who was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from that state.

time of the commission of Section 3 of this bill prohibits state agencies in the Executive Department of the State Government from providing information or expending or using time, money, facilities, property, equipment, personnel or other resources in furtherance of an investigation or proceeding initiated in another state related to the provision, securing or receiving of, or any inquiry concerning, certain reproductive health care services, except under certain limited circumstances.

EXPLANATION – Matter in bolded italics is new;

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

or - *SB131* – 3 – (b) As a consequence of any judgment, discipline or other sanction threatened or imposed under the laws of the District of Columbia or any state or territory of the United States for providing or assisting in the provision of reproductive health care services,  if the reproductive health care services as provided would have been lawful and consistent with standards for the practice of the relevant profession in this State.

- 82nd Session (2023) – 3 – (b) “Reproductive health care services” means medical, surgical, counseling or referral services relating to the human reproductive system, including, without limitation, services relating to pregnancy, contraception, the termination of pregnancy or any procedure or care found by a competent medical professional to be appropriate based upon the wishes of a patient and in accordance with the laws of this State.

(a) “Reproductive health care services” means medical, surgical, counseling or referral services relating to the human reproductive system, including, without limitation, servicesservicesman relating to pregnancy, contraception, the termination of - *SB131* – 4 – pregnancy or any procedure or care found by a competent medical professional to be appropriate based upon the wishes of a patient and in accordance with the laws of this State.

Except as required by the order of a court of competent jurisdiction, a state agency shall not provide any information or expend or use time, money, facilities, property, equipment, personnel or other resources in furtherance of any investigation or proceeding initiated in or by another state that seeks to impose - 82nd Session (2023) – 4 – civil or criminal liability or professional sanction upon a person or entity for:

(a) The provision, securing or receiving of, or any inquiry concerning, reproductive health care services that are legal in this State;Sta(b) Any assistance given to any person or entity that relates to the provision, securing or receiving of, or any inquiry concerning, reproductive health care services that are legal in this State.

or (b) Any assistance given to any person or entity that relates to the provision, securing or receiving of, or any inquiry concerning, reproductive health care services that are legal in this State.

(a) “Reproductive health care services” means medical, surgical, counseling or referral services relating to the human reproductive system, including, without limitation, services relating to pregnancy, contraception, the termination of pregnancy or any procedure or care found by a competent medical professional to be appropriate based upon the wishes of a patient andand(b) in“State accordanceagency” withmeans thean lawsagency, bureau, board, commission, department, division, officer, employee, appointee or agent or any other unit of thisthe State.Executive Department.

(b) “State agency” means an agency, bureau, board, commission, department, division, officer, employee, appointee or agent or any other unit of the Executive Department.

Each health care licensing board that licenses providers of health care who provide reproductive health care -services *SB131*shall –examine 5the –feasibility of providing opportunities for reciprocity of licensure to providers of health care who providesprovide for reproductive health care services in other states to facilitate the provision of quality reproductive health care services to persons from other states who seek reproductive health care services in this State.

- 82nd Session (2023) – 5 – (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

H~~~~~ 23 - *SB131*82nd Session (2023)