PROTECT ACCESS TO REPRODUCTIVE HEALTH SERVICES IN NEVADA
WHILE, the state of Nevada has long protected reproductive freedom in this state and has reaffirmed that unwavering commitment as other states have taken steps to restrict reproductive freedoms and the right of individuals to make decisions regarding their health and well-being to attack; and
WHILE, Nevada Revised Statute Section 442,250 codified the right to abortion. This right was further protected in 1990 when Nevada voters reaffirmed this state’s commitment to reproductive health protection by passing Question 7, shielding NRS Section 442,250 from repeal without a direct popular vote. In 2019, Nevada reaffirmed its commitment to reproductive freedom by passing Senate Bill 179, the Trust Nevada Women Act, which decriminalized medical abortions and removed outdated informed consent laws and other barriers to accessing reproductive health care in this state.
WHILE, on June 24, 2022, the United States Supreme Court ruled: Dobbs v. Jackson Women’s Health, abandoning nearly 50 years of precedent and taking away the constitutional right to abortion. In response, other states have passed laws that may have the intent to impose civil or criminal liability or professional penalties on health care professionals who provide reproductive health care services, and individuals seeking to obtain or assist others in obtaining them, as permitted by Nevada laws.
WHILE, Nevada is committed to protecting reproductive freedom for anyone seeking access to reproductive health care in this state. Healthcare professionals who lawfully provide services, and individuals who lawfully seek or assist others in seeking reproductive health services, must be protected from legal liability under, and professional penalties issued under, the laws of other states when those services be legal in Nevada and meet the standards of professional practice under the laws and regulations of that state.
NOW, SO, by the authority conferred on me as governor by the Constitution and laws of the State of Nevada and the laws of the United States, it is hereby ordered as follows:
| 1. | No assistance from executive departments: Except as required by the order of a court of competent jurisdiction, no department executive office, employee, appointee, officer, or other person acting on behalf of an executive department office may provide information or promote time, money, facilities, property, equipment, personnel or other resources of an investigation or proceeding initiated in or by another state that seeks to impose civil or criminal liability or professional sanction on any person or entity for: | |
| A. | providing, obtaining or receiving, or any inquiry related to, reproductive health care services that are legal in this state; or | |
| b. | any assistance to any person or entity related to the provision, acquisition, receipt of, or any research of reproductive health care services that are legal in this state. | |
| This limitation does not apply to investigations or proceedings where conduct subject to possible liability under the investigation or proceeding initiated in or by the other state would be subject to civil or criminal liability or professional sanctions under the laws of the state of Nevada if committed in this state. Notwithstanding the general prohibition in this section, agencies and persons acting on their behalf may provide information or assistance in connection with any such investigation or proceeding in response to the written request of any person who is the subject of such investigation or proceeding. . | ||
| 2. | Protecting Healthcare and Other Professionals Licensed in the State of Nevada: The Medical Examiners Board, the Nevada State Board of Nursing, the Pharmacy Board, and any other council or committee that oversees reproductive health care professionals are charged with implementing policies that ensure that no one is disqualified from licensing or subject to Disciplinary action by a board or commission in Nevada for providing or assisting in the provision of reproductive health care services or as a result of any judgment, discipline, or other sanction threatened or imposed under the laws of another state, so long as the services rendered would be lawful and in accordance with standards of good professional practice in the state of Nevada. Nevada recognizes that people from other states will seek reproductive health services in this state, and so councils are encouraged to consider reciprocity among professionals who provide reproductive health services in other states to assist in the provision of services in this state. | |
| 3. | Unavailability of Interstate Extradition: Notwithstanding the provisions of NRS 179.181, the Office of the Governor shall deny any request received from the executive authority of another State to issue an order for the arrest or surrender of a person accused of a criminal offense of a law of that other State in which the alleged violation includes providing or receiving or assisting with reproductive health care, unless the acts forming the basis for prosecuting the offense charged would also constitute a criminal offense under the laws of the State of Nevada . In accordance with the requirements of NRS 179.181, this limitation does not apply where the person subject to the request for arrest or surrender was physically present in the Requesting State at the time of the commission of the alleged offense and thereafter fled from that state. | |
| 4. | definitions: For the purposes of this Decision, “reproductive health care” includes any medical, surgical, counseling or referral services related to the human reproductive system, including but not limited to services related to pregnancy, contraception, termination of pregnancy or any procedure or care performed by a licensed medical professional is deemed fit based on a patient’s wishes and in accordance with the laws of that state. | |