AB101 - Revises provisions governing health care. (BDR 40-159)

A.B. 101 - *AB101* ASSEMBLY BILL NO. 101–ASSEMBLYMEMBER ORENTLICHER PREFILED JANUARY 14, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing health care. (BDR 40-159) 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. AN ACT relating to health care; prescribing certain limitations on the regulation of abortion; prohibiting health care facilities from making certain deceptive statements to the public; authorizing the Attorney General to bring an action against a health care facility for such a violation; prohibiting certain providers of health care from prescribing, dispensing or administering a medication to stop or reverse an abortion unless authorized by the applicable licensing board; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Division of Public and Behavioral Health of the 1 Department of Health and Human Services to adopt and enforce regulations 2 governing: (1) the conditions under and the methods by which abortions may be 3 performed; (2) the qualifications of a person authorized to provide certain 4 information when obtaining informed consent before an abortion is performed; and 5 (3) other aspects pertaining to the performance of abortions. (NRS 442.260) 6 Section 1 of this bill provides that existing law governing abortions, and any 7 regulations adopted pursuant thereto, supersede and preempt any local ordinance or 8 regulation adopted by any county, city, district, agency or other political 9 subdivision of this State that specifically regulates or disproportionately affects 10 abortions or facilities that perform abortions. 11 Section 3 of this bill defines “health care facility” to refer to any entity that 12 provides health care. Section 4 of this bill prohibits a health care facility from 13 making or disseminating to the public a deceptive statement concerning any service 14 that is offered or is not offered by the health care facility. Section 5 of this bill 15 authorizes the Attorney General to seek certain remedial and injunctive relief and 16 civil penalties by bringing an action against a health care facility that violates the 17 provisions of section 4. 18 – 2 – - *AB101* Sections 6, 8, 10 and 12 of this bill authorize the Board of Medical Examiners, 19 State Board of Osteopathic Medicine, State Board of Nursing and State Board of 20 Pharmacy, upon determining that prescribing, dispensing or administering a 21 medication to stop or reverse an abortion meets applicable professional standards, 22 to adopt regulations, in consultation with one another, authorizing the prescribing, 23 dispensing or administration of medication to stop or reverse an abortion. Sections 24 7, 9, 11 and 13 of this bill authorize those boards to discipline a physician, nurse or 25 pharmacist, as applicable, for prescribing, dispending or administering a medication 26 to stop or reverse an abortion except where authorized by those regulations. 27 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 442.260 is hereby amended to read as follows: 1 442.260 1. The Division shall adopt and enforce regulations 2 governing the conditions under and the methods by which abortions 3 may be performed, the reasonable minimum qualifications of a 4 person authorized to provide the information required in NRS 5 442.253, as well as all other aspects pertaining to the performance of 6 abortions pursuant to NRS 442.250. 7 2. The Division shall adopt and enforce regulations for a 8 system for reporting abortions. This system must be designed to 9 preserve confidentiality of information on the identity of women 10 upon whom abortions are performed. The Division may require that 11 the following items be reported for each abortion: 12 (a) The date of the abortion; 13 (b) The place of the abortion including the city, county and 14 state; 15 (c) The type of facility; 16 (d) The usual residence of the woman, including the city, county 17 and state; 18 (e) Her age; 19 (f) Her ethnic group or race; 20 (g) Her marital status; 21 (h) The number of previous live births; 22 (i) The number of previous induced abortions; 23 (j) The duration of her pregnancy, as measured from first day of 24 last normal menses to date of abortion, and as estimated by uterine 25 size prior to performance of the abortion; 26 (k) The type of abortion procedure; and 27 (l) If a woman has had a previously induced abortion, the 28 information in paragraphs (a) to (k), inclusive, or as much thereof as 29 can be reasonably obtained, for each previous abortion. 30 3. The Division may adopt regulations to permit studies of 31 individual cases of abortion, but these studies must not be permitted 32 unless: 33 – 3 – - *AB101* (a) Absolute assurance is provided that confidentiality of 1 information on the persons involved will be preserved; 2 (b) Informed consent of each person involved in the study is 3 obtained in writing; 4 (c) The study is conducted according to established standards 5 and ethics; and 6 (d) The study is related to problems of health and has scientific 7 merit with regard to both design and the importance of the problems 8 to be solved. 9 4. The provisions of NRS 442.240 to 442.270, inclusive, and 10 any regulations adopted pursuant thereto, supersede and preempt 11 any ordinance or regulation adopted by the governing body of any 12 county, city, district, agency or other political subdivision of this 13 State that specifically regulates or disproportionately affects 14 abortions or facilities at which abortions are performed. 15 Sec. 2. Chapter 597 of NRS is hereby amended by adding 16 thereto the provisions set forth as sections 3, 4 and 5 of this act. 17 Sec. 3. As used in this section and sections 4 and 5 of this 18 act, unless the context otherwise requires, “health care facility” 19 means a facility licensed pursuant to chapter 449 of NRS, an 20 office of a provider of health care, as defined in NRS 629.031, a 21 clinic or any other entity that provides health care. 22 Sec. 4. 1. A health care facility shall not make or 23 disseminate, or cause to be made or disseminated, to the public in 24 any newspaper or other publication, in any advertising device, 25 over the Internet or in any other manner a statement that the 26 health care facility knows or should know is deceptive concerning 27 any service that is or is not offered by the health care facility. 28 2. For the purposes of subsection 1, a statement is deceptive if 29 the statement includes, without limitation, assertions to mislead 30 persons to believe that the health care facility provides a health 31 care service that the facility does not actually provide. 32 Sec. 5. 1. If the Attorney General has reason to believe that 33 a health care facility has violated the provisions of section 4 of this 34 act, the Attorney General may bring an action in the name of the 35 State of Nevada in any court of competent jurisdiction against that 36 health care facility to obtain a temporary restraining order, a 37 preliminary or permanent injunction or other appropriate relief. 38 The relief may include, without limitation, requiring the health 39 care facility to: 40 (a) Pay for and disseminate appropriate corrective advertising 41 in the same newspaper, publication or manner as was used to 42 disseminate the deceptive statement to the public; 43 (b) Post a remedial notice that corrects the effects of the 44 deceptive statement; or 45 – 4 – - *AB101* (c) Provide such narrowly tailored relief as the court deems 1 necessary to remedy the adverse effects of the deceptive statement 2 on any patients seeking a service. 3 2. Before commencing an action pursuant to subsection 1, 4 the Attorney General shall provide a written notice to the relevant 5 health care facility, including, without limitation, the following 6 information: 7 (a) A statement that the Attorney General intends to 8 commence an action against the health care facility pursuant to 9 subsection 1; 10 (b) A description of the violation that the Attorney General 11 believes the health care facility has committed; 12 (c) The manner in which the health care facility must cure the 13 violation; and 14 (d) The time within which the health care facility must cure 15 the violation. 16 3. Before bringing an action pursuant to subsection 1 against 17 a health care facility, the Attorney General shall allow the health 18 care facility at least 10 days to cure the relevant violation. 19 4. If, in an action brought pursuant to subsection 1, a court 20 finds by a preponderance of the evidence that a health care facility 21 violated the provisions of section 4 of this act, the court: 22 (a) Shall award the State: 23 (1) A civil penalty of at least $50 and not more than $500 24 per violation; and 25 (2) Reasonable attorney’s fees and costs. 26 (b) May award any other relief authorized by subsection 1. 27 5. This section does not limit the authority of this State or any 28 political subdivision of this State to seek any other administrative, 29 legal or equitable relief permitted by law. 30 Sec. 6. NRS 630.130 is hereby amended to read as follows: 31 630.130 1. In addition to the other powers and duties 32 provided in this chapter, the Board shall, in the interest of the public, 33 judiciously: 34 (a) Enforce the provisions of this chapter; 35 (b) Establish by regulation standards for licensure under this 36 chapter; 37 (c) Conduct examinations for licensure and establish a system of 38 scoring for those examinations; 39 (d) Investigate the character of each applicant for a license and 40 issue licenses to those applicants who meet the qualifications set by 41 this chapter and the Board; and 42 (e) Institute a proceeding in any court to enforce its orders or the 43 provisions of this chapter. 44 – 5 – - *AB101* 2. Upon determining that prescribing, dispensing or 1 administering a medication to stop or reverse an abortion meets 2 generally accepted standards of the practice of medicine, the 3 Board may, in consultation with the State Board of Osteopathic 4 Medicine, State Board of Nursing and State Board of Pharmacy, 5 adopt regulations authorizing a physician or physician assistant to 6 prescribe, dispense or administer medication to stop or reverse an 7 abortion. Any such regulations must specify: 8 (a) Each medication that a physician or physician assistant 9 may prescribe, dispense or administer to stop or reverse an 10 abortion; and 11 (b) The required procedures for prescribing, dispensing or 12 administering a medication specified pursuant to paragraph (a) to 13 stop or reverse an abortion. 14 3. On or before February 15 of each odd-numbered year, the 15 Board shall submit to the Governor and to the Director of the 16 Legislative Counsel Bureau for transmittal to the next regular 17 session of the Legislature a written report compiling: 18 (a) Disciplinary action taken by the Board during the previous 19 biennium against any licensee for malpractice or negligence; 20 (b) Information reported to the Board during the previous 21 biennium pursuant to NRS 630.3067, 630.3068, subsections 3 and 6 22 of NRS 630.307 and NRS 690B.250; and 23 (c) Information reported to the Board during the previous 24 biennium pursuant to NRS 630.30665, including, without limitation, 25 the number and types of surgeries performed by each holder of a 26 license to practice medicine and the occurrence of sentinel events 27 arising from such surgeries, if any. 28  The report must include only aggregate information for statistical 29 purposes and exclude any identifying information related to a 30 particular person. 31 [3.] 4. The Board may adopt such regulations as are necessary 32 or desirable to enable it to carry out the provisions of this chapter. 33 Sec. 7. NRS 630.306 is hereby amended to read as follows: 34 630.306 1. The following acts, among others, constitute 35 grounds for initiating disciplinary action or denying licensure: 36 (a) Inability to practice medicine with reasonable skill and safety 37 because of illness, a mental or physical condition or the use of 38 alcohol, drugs, narcotics or any other substance. 39 (b) Engaging in any conduct: 40 (1) Which is intended to deceive; 41 (2) Which the Board has determined is a violation of the 42 standards of practice established by regulation of the Board; or 43 (3) Which is in violation of a provision of chapter 639 of 44 NRS, or a regulation adopted by the State Board of Pharmacy 45 – 6 – - *AB101* pursuant thereto, that is applicable to a licensee who is a 1 practitioner, as defined in NRS 639.0125. 2 (c) Administering, dispensing or prescribing any controlled 3 substance, or any dangerous drug as defined in chapter 454 of NRS, 4 to or for himself or herself or to others except as authorized by law. 5 (d) Performing, assisting or advising the injection of any 6 substance containing liquid silicone into the human body, except for 7 the use of silicone oil to repair a retinal detachment. 8 (e) Practicing or offering to practice beyond the scope permitted 9 by law or performing services which the licensee knows or has 10 reason to know that he or she is not competent to perform or which 11 are beyond the scope of his or her training. 12 (f) Performing, without first obtaining the informed consent of 13 the patient or the patient’s family, any procedure or prescribing any 14 therapy which by the current standards of the practice of medicine is 15 experimental. 16 (g) Continual failure to exercise the skill or diligence or use the 17 methods ordinarily exercised under the same circumstances by 18 physicians in good standing practicing in the same specialty or field. 19 (h) Having an alcohol or other substance use disorder. 20 (i) Making or filing a report which the licensee or applicant 21 knows to be false or failing to file a record or report as required by 22 law or regulation. 23 (j) Failing to comply with the requirements of NRS 630.254. 24 (k) Failure by a licensee or applicant to report i [Text truncated for display. 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