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- 83rd Session (2025)
Assembly Bill No. 176–Assemblymember Torres-Fossett
CHAPTER..........
AN ACT relating to health care; prohibiting certain governmental
entities from substantially burdening certain activity relating
to contraception and family planning services under certain
circumstances; authorizing a person whose engagement in
such activity has been so burdened to assert the violation as a
claim or defense in a judicial proceeding; authorizing a court
to award damages against a governmental entity that
substantially burdens such activity in certain circumstances;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law prescribes certain rights for a patient of a medical facility or a
facility for the dependent. (NRS 449A.100 -449A.124) Sections 2-8 of this bill
establish the Right to Contraception and Family Planning Services Act. Sections
3.5-5 define certain terms for purposes of the Act. Section 3 establishes the
applicability of those definitions. Section 7 applies the provisions of the Act to
certain state laws and local laws and ordinances and the implementation of those
laws and ordinances, regardless of when those laws or ordinances were enacted.
Section 7 also ensures that the provisions of the Act do not apply to: (1) state and
local laws and ordinances relating to abortion; and (2) certain regulations and
policies of certain entities that regulate education and activities that take place at or
are sponsored by a public school. Section 8 generally prohibits a governmental
entity from enacting or implementing any limitation or requirement tha t singles out
contraception and family planning services and substantially burdens: (1) the access
of a person to contraception and family planning services, drugs or devices related
to contraception and family planning services or information related to
contraception and family planning services; or (2) the ability of a provider of health
care to provide contraception and family planning services, drugs or devices related
to contraception and family planning services or information related to
contraception and family planning services within his or her scope of practice,
training and experience. Section 8 creates an exception to such prohibitions if the
governmental entity demonstrates by clear and convincing evidence that the
burden, as applied to the pers on or provider of health care who is subject to
the burden: (1) furthers a compelling interest; and (2) is the least restrictive means
of furthering that interest. Section 8 authorizes a person whose ability to obtain or
provide contraception and family p lanning services, drugs or devices related to
contraception and family planning services or information related to contraception
and family planning services is burdened to bring or defend an action in court and
obtain appropriate relief. Section 8 requires a court to award costs and attorney’s
fees to a person who prevails on such a claim.
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- 83rd Session (2025)
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 449A of NRS is hereby amended by
adding thereto the provisions set forth as sec tions 2 to 8, inclusive,
of this act.
Sec. 2. Sections 2 to 8, inclusive, of this act may be cited as
the Right to Contraception and Family Planning Services Act.
Sec. 3. As used in sections 2 to 8, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in
sections 3.5, 4 and 5 of this act have the meanings ascribed to
them in those sections.
Sec. 3.5. “Contraception and f amily planning services”
means medical, surgical, counseling or referral services relating to
the human reproductive system, including, without limitation,
services relating to pregnancy, contraception, miscarriage, in vitro
fertilization or any procedure or care found by a competent
medical professional to be appropriate based upon the wishes of a
patient and in accordance with the laws of this State.
Sec. 4. “Governmental entity” means the State of Nevada or
any of its agencies or political subdivisions.
Sec. 5. “Provider of health care” has the meaning ascribed
to it in NRS 629.031.
Sec. 6. (Deleted by amendment.)
Sec. 7. 1. Except as otherwise provided in this section, the
provisions of sections 2 to 8, inclusive, of this act apply to all state
and local laws and ordinances and the implementation of those
laws and ordinances, whether statutory or otherwise, and whether
enacted before, on or after January 1, 2026.
2. The provisions of sections 2 to 8, inclusive, of this act do
not apply to:
(a) State and local laws and ordinances and the
implementation of those laws and ordinances relating to abortion,
the provision of medication to induce an abortion and any
medical, surgical, counseling or referral services associated with
an abortion, incl uding, without limitation NRS 442.250, whether
statutory or otherwise, and whether enacted before, on or after
January 1, 2026;
(b) Regulations and policies approved, enacted or
administered, on or after January 1, 2026, by:
(1) The State Board of Education;
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- 83rd Session (2025)
(2) The Department of Education;
(3) The board of trustees of a school district;
(4) The governing body of a charter school or university
school for profoundly gifted pupils; or
(5) A public school; and
(c) Activities that occur at a public school or are sponsored by
a public school, school district or governing body of a charter
school or university school for profoundly gifted pupils.
3. Except as otherwise provided in subsection 2, state laws
that are enacted on or after January 1, 2026 , are subject to the
provisions of sections 2 to 8, inclusive, of this act unless the law
explicitly excludes such application by reference to this section.
4. Except as otherwise provided in subsection 2, the
provisions of sections 2 to 8, inclusive, of this act do not:
(a) Authorize a governmental entity to burden:
(1) The access of any person to contraception and family
planning services, information related to contraception and family
planning services or any drug or device related to contraception
and family planning services; or
(2) The ability of a provider of health care to provide
contraception and family planning services or information related
to contraception and family planning services or to provide,
administer, dispense or prescribe any drug or device related to
contraception and family planning services within the scope of
practice, training and experience of the provider of health care.
(b) Authorize or sanction any sterilization procedure without
the voluntary and informed consent of the patient.
5. As used in this section, “public school” means any school
described in NRS 388.020.
Sec. 8. 1. Except as otherwise provided in this section, a
governmental entity shall not enact or implement any limitation or
requirement that:
(a) Expressly, effectively, implicitly or, as implemented, singles
out contraception and family planning services, drugs or devices
related to contraception and family planning services or
information related to contraception and family planning services
or any providers of health care or facilities that provide
contraception and family planning services, drugs or devices
related to contraception and family planning services or
information related to contraception and family planning services;
and
(b) Substantially burdens:
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- 83rd Session (2025)
(1) The access of a person to contraception and family
planning services, drugs or devices related to contraception and
family planning services or information related to contraception
and family planning services; or
(2) The ability of a provider of health care to provide
contraception and family planning services, drugs or devices
related to contraception and family planning services or
information related to contraception and family planning services
within the scope of practice, training and experience of the
provider of health care.
2. A governmental entity may enact a requirement or
limitation described in subsection 1 if the governmental entity
demonstrates by cl ear and convincing evidence that the burden
imposed by the requirement or limitation on the activity described
in paragraph (b) of subsection 1, as applied to the person or
provider of health care who is subject to the burden:
(a) Furthers a compelling interest; and
(b) Is the least restrictive means of furthering that interest.
3. Notwithstanding any provision of NRS 41.0305 to 41.039,
inclusive, but subject to the limitation on damages set forth in
NRS 41.035 when applicable, a person or provider of health care
who has been substantially burdened in violation of this section
may assert that violation as a claim or defense in a judicial
proceeding and obtain appropriate relief. A court shall award
costs and attorney’s fees to a person who prevails on s uch a claim
or defense pursuant to this section.
4. A court may find that a person is a vexatious litigant if the
person makes a claim within the scope of sections 2 to 8, inclusive,
of this act which is without merit, fraudulent or otherwise
intended to harass or annoy a person. If a court finds that a
person is a vexatious litigant pursuant to this subsection, the court
may deny standing to that person to bring further claims which
allege a violation of this section.
Sec. 9. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 8, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
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