SB 302 — Revises provisions relating to health care. (BDR 54-55)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2023) FIRST REPRINT S.B.

302302–Senators SENATEOhrenschall, BScheible, ILLNSpearman, OD. .

302–SENATORSHarris, OFlores; HRENSCHALL , SCHEIBLE , S PEARMAN , D.

HARRISNeal, ,Nguyen LORESand ;Pazina CHAPTER..........

NEAL, NGUYEN AND PAZINA M ARCH 16, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to health care.

(BDR 54-55) 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.

prohibiting the Governor from surrendering, or issuing an arrest warrant for, a person who is charged in another state with a criminal violation related to gender-gender-affirming affirming health care services;

(1) taking any disciplinarydisqualifying action or taking other adverse action against aan providerotherwise qualified person(2) who submits an application to the health care licensing board for certification, registration or licensure because he or she provided or assisted in providing legally protected gender-affirming health care services or was subject to civil action, criminal action or disciplinary action in another state for providing or assisting in the provision of legally protected gender-affirming health care;care services if the been lawful and consistent with standards for the practice of the relevant profession in this State.

orSection (2)4 whoof submitsthis anbill applicationrequires toeach the health care licensing board forthat certification,onlicenses registrationproviders orof licensurehealth becausecare hewho orprovide she provided or assisted in providing legally protected gender-affirming health care services or was subject to civilexamine action,the criminalfeasibility actionof orproviding disciplinaryreciprocal actionlicensing into anotherproviders stateof forhealth providingcare or assisting in -other *SB302_R1*states –to 2facilitate – the provision of legally protected gender-affirming health care services ifto thepersons legallyfrom protectedother gender-affirmingstates healthwho careseek servicessuch asservices provided would have been lawful and consistent with standards for the practice of the relevant profession in this State.

Section 4 of this bill requires each health care licensing board that licenses providers of health care who provide gender-affirming health care services to examine the feasibility of providing reciprocal licensing to providers of health care in other states to facilitate the provision of gender-affirming health care serIn accordance with the Extradition Clause of Section 2 of Article IV of the United States Constitution, existing state law provides that it is the duty 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 executive authority of any other state, any person in this State charged in the other statein witha committingcrime anin actthe instate thiswhose State,executive orauthority inis amaking thirdthe state,demand, intentionallyevenly resulting though the accused was not in that state at the time of the commission of the crime, and has not thereafter fled from that state.

(NRS 179.189) Section 2 of this bill prohibits the Governor from surrendering, or issuing a warrant of arrest for, a - 82nd Session (2023) – 2 – 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 gender-affirming health care services, unless the acts forming the basis of the prosecution of the crime would also constitute a criminal offense under which the executivelaws authority of anotherthis stateState. demands the surrender of a personn who was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from that state.

Section 32 ofexcludes thisfrom billthat prohibitsprohibition statecircumstances agencies in which the Executiveexecutive Departmentauthority of theanother Statestate Government,demands localthe governmentssurrender and members of thea judiciaryperson fromwho providingwas informationphysically orpresent expendingin orthe usingdemanding time,state money,at facilities,the property,time equipment, personnel or other resources of the State,commission local government or judiciary, as applicable, in furtherance of anthe investigationalleged oroffense proceedingand initiatedthereafter infled orfrom bythat concerningstate. gender-affirming health care services, except under certain limitedy circumstances.

the State Government, local governments and members of the judiciary fromtment of providing information or expending or using time, money, facilities, property, equipment, personnel or other resources of the State, local government or judiciary, as applicable, in furtherance of an investigation or proceeding initiated in or by concerning gender-affirming health care services, except under certain limitedy circumstances.

EXPLANATION – Matter in bolded italics is new;

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

or - *SB302_R1* – 3 – (b) As a consequence of any civil action, criminal action or disciplinary action by an equivalent health care licensing board of the District of Columbia or any state or territory of the United States based on the provider of health care or person providing or assisting in the treatment of legally protected gender-affirming health care services,  if the gender-affirming health care services as provided would have been lawful and consistent with standards for the practice of the relevant profession in this State.

(1) Means any medical, surgical, behavioral health, mental health, psychiatric, therapeutic, diagnostic, preventative, supportive or rehabilitative services, supplies and care that relate - 82nd Session (2023) – 3 – to the treatment of gender dysphoria, and are 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, including, without limitation:

(I)endogenous secondary sex characteristics;e development of (II) Interventions to suppressalign the developmentappearance or physical body of endogenousthe secondarypatient sexwith characteristics;the gender identity or expression of the patient;

(II) Interventions to align the appearance or physical body of the patient with the gender identity or expression of the patient;

Sec.thereto a new section to read as follows:

amended by adding 1.

Notwithstanding the provisions of NRS 179.177 to 179.235, inclusive, the Governor shall not surrender, or issue a warrant pursuant to NRS 179.191 for the arrest of, any person in this State who is charged in another state with a criminal violation of the laws of that other state if the violation alleged involves the provision or receipt of or assistance with gender-affirming health care services, unless the acts forming the basis of the prosecution of the crime charged would constitute a criminal offense under the laws of the State of Nevada.

ChapterThe 179provisions of this section do not apply in the circumstance where a demand for the extradition of a person charged with a crime in another state is made in accordance with NRS 179.183, and the person who is herebythe amendedsubject byof addingthe theretodemand awas newphysically sectionpresent toin readthe asdemanding follows:state at the time of the - 82nd Session (2023) – 4 – commission of the alleged offense and thereafter fled from that state.

1.

Notwithstanding the provisions of NRS 179.177 to 179.235, inclusive, the Governor shall not surrender, or issue a warrant - *SB302_R1* – 4 – pursuant to NRS 179.191 for the arrest of, any person in this State who is charged in another state with a criminal violation of the laws of that other state if the violation alleged involves the provision or receipt of or assistance with gender-affirming health care services, unless the acts forming the basis of the prosecution of the crime charged would constitute a criminal offense under the laws of the State of Nevada.

2.

The provisions of this section do not apply in the circumstance where a demand for the extradition of a person charged with a crime in another state is made in accordance with NRS 179.183, and the person who is the subject of the demand was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from that state.

(1)health,1) Meanspsychiatric,dictherapeutic,, anybediagnostic,altpreventative, medical, surgical, behavioral health, mental health, psychiatric, therapeutic, diagnostic, preventative, supportive or rehabilitative services, supplies and care that relate to the treatment of gender dysphoria, and are 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, including, without limitation:

(b) The words and terms defined in NRS 179.179 have the meaningsmeaSec. ascribed to them in that section.

Sec.3.scrChapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

3.

Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

Except as required by the order of a court of competent jurisdiction, a state agency, a local government or a member of the judiciary shall not provide any information or expend or use time, - *SB302_R1* – 5 – money, facilities, property, equipment, personnel or other resources of the State, local government or judiciary in furtherance of any investigation or proceeding initiated in or by another state that seeks to impose civil or criminal liability or professional sanction upon a person or entity for: