In a move prompted by the Supreme Court’s decision on Roe V. Wade, Senate Majority leader Nicole Cannizzaro introduced her first bill of the 2023 legislative session, SB 131, which specifically eliminates the ability of any healthcare licensing board to investigate or disqualify unsafe abortionists from practicing in Nevada.

Although abortion is not constitutionally protected in the Silver State, abortion, up to 24 weeks, is protected by state statute. In 1990, Nevada voters approved Question 7 by 63.5 percent of the vote. With this vote, the Nevada Legislature may not in any way alter the law, unless it is first repealed by state voters in a direct vote.

Touting this law as a response to the Supreme Court’s decision is disingenuous at best, yet state Sen. Nicole Cannizzaro took to Twitter to promote this bill as a response to their decision and further added that women and health care providers will no longer fear imprisonment or criminalization for seeking or performing an abortion in Nevada.

What this bill does do is: eliminate the ability of any healthcare licensing board to disqualify potentially unsafe abortionists from practicing in Nevada; prohibits the Governor from surrendering, or issuing a warrant of arrest for, a person in this State who is charged in another state with a criminal violation of the laws of that other state; and, prohibits state agencies in the Executive Department of the State Government from providing assistance in a criminal investigation initiated in another state. 

According to the bills Legislative Counsel Digest (emphasis added):

Existing law regulates the licensing, certification and registration of various providers of health care in this State. (Chapters 630–637B and 639–641D of NRS)

Section 1 of this bill prohibits a health care licensing board from disqualifying a person from licensure or subjecting a person to discipline because he or she provided or assisted in providing certain reproductive health care services or was subject to judgment, discipline or other sanction in another state for providing or assisting in the provision of certain reproductive health care services if the reproductive health care services as provided would have been lawful and consistent with standards for the practice of the relevant profession in this State.

Section 4 of this bill requires each health care licensing board that licenses providers of health care who provide certain reproductive health care services to examine the feasibility of providing reciprocal licensing to providers of health care in other states to facilitate the provision of reproductive health care services to persons from other states who seek reproductive health care services in this State. In accordance with the Extradition Clause of Section 2 of Article IV of the United States Constitution, existing state law provides that it is the duty of the Governor to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this State. (NRS 179.181) Under existing law, the Governor is also authorized, but not required, to surrender, on demand of the executive authority of any other state, any person in this State charged in the other state with committing an act in this State, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, even though the accused was not in that state at the time of the commission of the crime, and has not thereafter fled from that state. (NRS 179.189)

Section 2 of this bill prohibits the Governor from surrendering, or issuing a warrant of arrest for, a person in this State who is charged in another state with a criminal violation of the laws of that other state if the violation involves the provision or receipt of or assistance with certain reproductive health care services, unless the acts forming the basis of the prosecution of the crime would also constitute a criminal offense under the laws of this State. Section 2 excludes from this prohibition circumstances in which the executive authority of another state demands the surrender of a person who was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from that state.

Section 3 of this bill prohibits state agencies in the Executive Department of the State Government from providing information or expending or using time, money, facilities, property, equipment, personnel or other resources in furtherance of an investigation or proceeding initiated in another state related to the provision, securing or receiving of, or any inquiry concerning, certain reproductive health care services, except under certain limited circumstances.

Planned Parenthood has already broke ground on a state-of-the-art abortion facility in Reno and labeled Nevada as a “safe haven” for abortion. Planned Parenthood also notes that Nevada is a safe haven for children who seek abortion as Nevada does not require parental consent. Many critics of this bill ask how the elimination and prohibition of Board oversight will impact the safety of women and children who seek abortions.

It is important to note that this bill will be heard on Monday, February 20 at 8 AM by the Senate Commerce and Labor Committee not by the Senate Health and Human Services Committee.