AB260 - Makes revisions relating to abortion. (BDR 40-211)

A.B. 260 - *AB260* ASSEMBLY BILL NO. 260–ASSEMBLYMEMBERS GRAY, DICKMAN; DELONG, GALLANT, GURR, HAFEN, HANSEN, HIBBETTS, KOENIG AND O’NEILL FEBRUARY 19, 2025 ____________ JOINT SPONSOR: SENATOR HANSEN ____________ Referred to Committee on Health and Human Services SUMMARY—Makes revisions relating to abortion. (BDR 40-211) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 8) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to health care; requiring an abortion services provider to compile and provide to patients a list of persons offering post-abortion counseling and support services; authorizing the imposition of civil penalties in certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth the requirements for a person to perform an abortion. 1 (NRS 442.240-442.270) Section 8 of this bill requires an abortion services provider 2 to: (1) compile and provide to each patient on whom the provider performs an 3 abortion a list of persons offering post-abortion counseling and support services in 4 the area where the provider is located; (2) display copies of the list at the location 5 where the provider performs abortions; and (3) provide notice that a person may 6 obtain a copy of the list without making a request or inquiry to the abortion services 7 provider. Section 8 also requires that the list include persons offering such services 8 from a secular perspective and a faith-based perspective. Section 9 of this bill: (1) 9 requires the Division of Public and Behavioral Health of the Department of Health 10 and Human Services to ensure abortion service providers comply with section 8; 11 and (2) authorizes the Division to take certain measures to enforce those provisions, 12 including imposing civil penalties for multiple violations. Sections 2-7 of this bill 13 define certain terms used in this bill. 14 – 2 – - *AB260* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 442 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 8, inclusive, of this 2 act. 3 Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless 4 the context otherwise requires, the words and terms defined in 5 sections 3 to 6, inclusive, of this act have the meanings ascribed to 6 them in those sections. 7 Sec. 3. “Abortion” has the meaning ascribed to it in 8 NRS 442.240. 9 Sec. 4. “Abortion services provider” means any medical 10 facility, clinic or provider of health care that performs or assists in 11 the performance of an abortion. 12 Sec. 5. “Medical facility” has the meaning ascribed to it in 13 NRS 449.0151. 14 Sec. 6. “Post-abortion counseling and support services” 15 means any service or resource offered to a person after an 16 abortion to address physical, emotional, mental or spiritual needs 17 related to the abortion, including, without limitation: 18 1. Professional counseling; 19 2. Peer support groups; 20 3. Spiritual or faith-based guidance; or 21 4. Medical follow-up care. 22 Sec. 7. “Provider of health care” has the meaning ascribed 23 to it in NRS 629.031. 24 Sec. 8. 1. An abortion services provider shall: 25 (a) Compile a list of names and contact information of persons 26 offering post-abortion counseling and support services in the area 27 where the abortion services provider is located; 28 (b) Ensure that a copy of the list compiled pursuant to 29 paragraph (a) is provided to each patient on whom the abortion 30 services provider performs an abortion before or immediately after 31 the abortion; 32 (c) Review and update the list compiled pursuant to paragraph 33 (a) at least annually to ensure accuracy and compliance with the 34 requirements of this section; and 35 (d) Display copies of the list compiled pursuant to paragraph 36 (a) in a clearly visible and accessible place within the waiting 37 room or another public area of the location where the abortion 38 services provider performs abortions. 39 2. The list compiled pursuant to subsection 1 must: 40 (a) Be clearly labeled as “Post-Abortion Counseling and 41 Support Services”; and 42 – 3 – - *AB260* (b) Include, without limitation, notice that a person may take a 1 list without making a request or inquiry to the abortion services 2 provider. 3 3. An abortion services provider shall not exclude any person 4 offering post-abortion counseling and support services from the 5 list compiled pursuant to subsection 1 due to the religious 6 affiliation or beliefs of the person. 7 4. The list compiled pursuant to subsection 1 must: 8 (a) Include, without limitation: 9 (1) Persons offering post-abortion counseling and support 10 services from a secular perspective; and 11 (2) Persons offering post-abortion counseling and support 12 services from a faith-based perspective; and 13 (b) Be available in printed and digital formats. 14 Sec. 9. 1. The Division shall ensure abortion services 15 providers are in compliance with the requirements of section 8 of 16 this act. 17 2. If an abortion services provider fails to comply with any 18 provision of section 8 of this act, the Division: 19 (a) Shall provide a written warning for a first violation; and 20 (b) May impose a civil penalty not to exceed $1,000 for each 21 subsequent violation. 22 Sec. 10. The provisions of NRS 354.599 do not apply to any 23 additional expenses of a local government that are related to the 24 provisions of this act. 25 Sec. 11. This act becomes effective on July 1, 2025. 26 H