Executive Order 2022-08 Protecting Access to Reproductive Health Services in Nevada


WHILE, the state of nevada has long protected reproductive freedom in this state and has reaffirmed this unwavering commitment as other states have moved to limit reproductive freedoms and attacked the right of individuals to make decisions about their health and well-being -be ; and

WHILE, Section 442.250 of the Revised Nevada Law codified the right to abortion. This right was further protected in 1990 when Nevada voters affirmed that state’s commitment to protecting reproductive health care by passing Question 7, protecting NRS Section 442.250 from repeal without a direct vote of the people. . In 2019, Nevada reaffirmed its commitment to reproductive freedom by passing Senate Bill 179, the Nevada Women’s Trust Act, which decriminalizes medical abortions and removes outdated informed consent laws and other barriers. access to reproductive health care in that state.

WHILE, on June 24, 2022, the United States Supreme Court released its decision in Dobbs v. Jackson Women’s Health, abandoning nearly 50 years of precedent and removing the constitutional right to abortion. In response, other states have enacted laws that may purport to impose civil or criminal liability or professional penalties on health care professionals who provide, and persons who seek to obtain or assist others in seeking to obtain, reproductive health care services, as permitted by Nevada law.

WHILE, Nevada remains steadfast in its commitment to protecting the reproductive freedom of anyone seeking to access reproductive health care in this state. Health care professionals lawfully providing, and persons lawfully seeking or assisting others to seek, reproductive health services should be protected from legal liability based on professional sanctions imposed under the laws of other states when such services are legal in Nevada and meet the standards of professional practice under the laws and regulations of that state.

SO NOW, By the authority vested in me as Governor by the Constitution and the laws of the State of Nevada and the laws of the United States, it is hereby ordered as follows:

1. No assistance from executive department agencies: Except as required by order of a court of competent jurisdiction, no executive department agency and no employee, appointee, officer or other person acting on behalf of an executive department agency may provide information or expend or use time , money, facilities, property, equipment, personnel or other resources in connection with any investigation or proceeding instituted in or by another state that seeks to impose civil or criminal liability or professional sanction to a person or entity for:
A. providing, obtaining, or receiving, or any request for, reproductive health care services that are legal in that state; Where
B any assistance given to any person or entity in providing, obtaining, receiving, or applying for, legal reproductive health care services in this state.
This limitation does not apply to any investigation or proceeding in which conduct which might give rise to liability in the investigation or proceeding in or by the other State would give rise to civil liability or criminal or professional sanction under the laws of the State of Nevada. if committed in that 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 a person’s written request. such investigation or proceeding.
2. Protection of health care and other licensed professionals in the State of Nevada: The Board of Medical Examiners, the Nevada State Board of Nursing, the Pharmacy Board, and any other board or commission that oversees professionals providing reproductive health care, are required to implement policies that ensure no one will be disqualified from membership. obtaining a license or being disciplined by a Nevada board or commission to provide or assist in providing 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 provided would have been lawful and consistent with standards of good business practice in the State of Nevada. Nevada recognizes that people from other states will seek reproductive health care in that state and therefore councils are encouraged to consider reciprocating licensing to professionals who provide reproductive health services in other states to help to provide services in that State.
3. Unavailability of interstate extradition: Notwithstanding the provisions of NRS 179.181, the Office of the Governor will reject any request received from the executive authority of any other state to issue a warrant for the arrest or surrender of any person accused of violating any law of that other state. where the alleged violation involves the provision, receipt, or assistance of reproductive health care services, unless the acts giving rise to the prosecution of the crime charged 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 in the event that 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 then flees from that state.
4. Definitions: For the purposes of this order, “reproductive health care services” include all medical, surgical, counseling or referral services relating to the human reproductive system, including, but not limited to, services relating to pregnancy, contraception, termination of pregnancy, or any procedure or care deemed appropriate by a competent healthcare practitioner based on a patient’s wishes and in accordance with the laws of this state.
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