AB266 - Makes revisions relating to breastfeeding. (BDR 40-595)

- 83rd Session (2025) Assembly Bill No. 266–Assemblymembers González, Moore, Miller, Brown-May; Anderson, Dalia, D’Silva, Gallant, Goulding, Gray, Hunt, Jackson, Karris, La Rue Hatch, Marzola, Nadeem, Nguyen, Orentlicher, Roth and Torres- Fossett Joint Sponsors: Senators Cruz-Crawford and Doñate CHAPTER.......... AN ACT relating to public health; requiring the Department of Health and Human Services to publish certain information relating to breastfeeding and develop a program of public education concerning lactation; authorizing certain providers of health care and medical facilities to provide that information to certain persons; prohibiting a place of public accommodation from engaging in certain discrimination against a person who is breastfeeding; authorizing certain civil actions and administrative actions to enforce that prohibition; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Medicaid program to cover: (1) counseling and support for breastfeeding; (2) supplies for breastfeeding until the child’s first birthday; and (3) lactation consultation and support. (NRS 422.27174, 422.27179) Existing law authorizes Medicaid to provide additional coverage of supplies for breastfeeding. (NRS 422.27178) Section 1 of this bill requires the Department of Health and Human Services to post on an Internet website maintained by the Department: (1) a fact sheet that provides information concerning that coverage under Medicaid; and (2) a list of services available in the community for lactation support. Section 1 authorizes certain providers of health care and medical facilities that provide care to a pregnant person to provide the information posted by the Department to the pregnant person and, with the consent or at the direction of the pregnant person, certain other persons. Section 1 additionally requires the Department to develop and carry out a program of public education to increase public awareness about lactation. Existing law provides that all persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin, disability, sexual orientation, sex or gender identity or expression. (NRS 651.070) Existing law defines the term “place of public accommodation” to mean any establishment or place to which the public is invited or which is intended for public use, including inns, hotels, motels, restaurants, bars, gasoline stations, theaters, convention centers, bakeries, grocery stores, laundromats, museums, libraries, parks, zoos, nurseries, private and public schools or universities, day care centers, senior citizen centers, gymnasiums, health spas and bowling alleys. (NRS 651.050; Clark County Sch. Dist. v. Buchanan, 112 Nev. 1146 (1996)) Section 4 of this bill prohibits a place of public accommodation, except if required by law, regulation or ordinance to restrict the access of a minor to the place of public accommodation, from: (1) – 2 – - 83rd Session (2025) denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation to a person because the person is breastfeeding a child; or (2) publishing a statement, advertisement, notice or sign that conflicts with that prohibition. Section 5 of this bill makes the definition of “place of public accommodation” in existing law apply to section 4. Section 6 of this bill clarifies that those prohibitions do not apply to certain private establishments that are not places of public accommodation. Section 8 of this bill authorizes a victim of certain violations of section 4 to file a civil action. Section 9 of this bill authorizes a county or incorporated city to adopt an ordinance that protects the rights protected by section 4, with certain limitations. Section 10 of this bill authorizes a victim of a violation of section 4 to file a complaint with the Nevada Equal Rights Commission, and section 3 of this bill authorizes the Commission to order its Administrator to investigate and hold hearings on such a complaint. The Commission would also be authorized to: (1) hold an informal meeting to attempt to settle a dispute over an alleged violation of section 4; and (2) after a formal public hearing, order the place of public accommodation to cease and desist from activity that violates section 4 and take corrective action. (NRS 233.170) Section 2 of this bill makes a conforming change to include preventing discrimination against persons who are breastfeeding children within the purposes of the Commission. Section 1.5 of this bill provides that it is not an unlawful discriminatory practice in public accommodations to enforce a law, regulation or ordinance restricting a minor from entering or remaining in the place of public accommodation. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 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 thereto a new section to read as follows: 1. The Department shall: (a) Post on an Internet website maintained by the Department and update at least annually: (1) A fact sheet that provides, in accessible language, information concerning the coverage provided under Medicaid pursuant to paragraph (a) of subsection 1 of NRS 422.27174 and paragraph (a) of subsection 1 of NRS 422.27179 and any additional coverage provided under Medicaid pursuant to subsection 1 of NRS 422.27178. (2) A list of services available in the community for lactation support. The list must include, without limitation, the names, addresses and telephone numbers of organizations that provide lactation support. (b) Develop and carry out a program of public education to increase public awareness about lactation, including, without limitation, the health benefits of lactation and ways in which – 3 – - 83rd Session (2025) pregnant persons and the parents of infants can connect to lactation support. 2. The information described in paragraph (a) of subsection 1 must be available in English, Spanish, Tagalog and any other language deemed appropriate by the Department. 3. A physician, physician assistant, advanced practice registered nurse or midwife who attends a pregnant patient during gestation or the delivery of an infant or a hospital or freestanding birthing center from which a pregnant patient receives care during gestation or the delivery of an infant may provide the information posted by the Department pursuant to paragraph (a) of subsection 1 to: (a) The patient; (b) With the consent of the patient, any other person accompanying the patient when the patient receives care; and (c) Any other person, at the direction of the patient. Sec. 1.5. Chapter 233 of NRS is hereby amended by adding thereto a new section to read as follows: Notwithstanding any provision of this chapter, it is not an unlawful discriminatory practice in public accommodations for any place of public accommodation to enforce a federal or state law or regulation or local law or ordinance that prohibits a minor from entering or remaining on its premises or certain areas of its premises. Sec. 2. NRS 233.010 is hereby amended to read as follows: 233.010 1. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and obtain housing accommodations without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry. 2. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, national origin, ancestry or gender identity or expression [.] or because a person is breastfeeding a child. 3. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably – 4 – - 83rd Session (2025) to seek, obtain and hold employment without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry. As used in this subsection: (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists. (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles. 4. It is recognized that the people of this State should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this State. Sec. 3. NRS 233.150 is hereby amended to read as follows: 233.150 The Commission may: 1. Order its Administrator to: (a) With regard to public accommodation, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, national origin, ancestry or gender identity or expression or because the person is breastfeeding a child and may conduct hearings with regard thereto. (b) With regard to housing, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto. (c) With regard to employment, investigate: (1) Tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto; and (2) Any unlawful employment practice by an employer pursuant to the provisions of NRS 613.4353 to 613.4383, inclusive, and may conduct hearings with regard thereto.  As used in this paragraph, “race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles, as defined in paragraph (a) of subsection 3 of NRS 233.010. – 5 – - 83rd Session (2025) 2. Mediate between or reconcile the persons or groups involved in those tensions, practices and acts. 3. Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission. 4. Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ. 5. Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law. Sec. 4. Chapter 651 of NRS is hereby amended by adding thereto a new section to read as follows: 1. Except as otherwise provided in subsection 2, it is unlawful for a place of public accommodation to: (a) Deny the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of the place of public accommodation to a person because the person is breastfeeding a child. (b) Print, circulate, post, mail or otherwise cause to be published a statement, advertisement, notice or sign: (1) Stating that the place of public accommodation refuses or denies the full and equal enjoyment of any good, service, facility, privilege, advantage or accommodation of the place of public accommodation to a person in violation of paragraph (a); or (2) Otherwise indicating that the patronage or presence of a person at a place of public accommodation is objectionable, unwelcome, unacceptable or undesirable because the person is breastfeeding a child. 2. It is not a violation of this section for any place of public accommodation to enforce a federal or state law or regulation or local law or ordinance that requires the place of public accommodation to prohibit a minor from entering or remaining on its premises or certain areas of its premises. Sec. 5. NRS 651.050 is hereby amended to read as follows: 651.050 As used in NRS 651.050 to 651.110, inclusive, and section 4 of this act, unless the context otherwise requires: 1. “Disability” means, with respect to a person: (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person; (b) A record of such an impairment; or (c) Being regarded as having such an impairment. – 6 – - 83rd Session (2025) 2. “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. 3. “Online establishment” means a business, whether or not conducted for profit, which: (a) Offers goods or services to the general public in this State through an Internet website, mobile application or other electronic medium; and (b) Is not operated in conjunction with a physical location which is open to the public. 4. “Place of public accommodation” means: (a) Any inn, hotel, motel or other establishment which provides lodging to transient guests, except an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of the establishment as the proprietor’s residence; (b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, soda fountain, casino or any other facility where food or spirituous or malt liquors are sold, including any such facility located on the premises of any retail establishment; (c) Any gasoline station; (d) Any motion picture house, theater, concert hall, sports arena or other place of exhibition or entertainment; (e) Any auditorium, co [Text truncated for display. 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