NEVADA.  Nevada Revised Statutes. 

 

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CHAPTER 201 - CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS

 

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NRS 201.120  Abortion: Definition; penalty.  A person who:

      1.  Prescribes, supplies or administers to a woman, whether pregnant or not, or advises or causes her to take any medicine, drug or substance; or

      2.  Uses or causes to be used, any instrument or other means,

to terminate a pregnancy, unless done pursuant to the provisions of NRS 442.250, or by a woman upon herself upon the advice of a physician acting pursuant to the provisions of NRS 442.250, is guilty of abortion which is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

   

NRS 201.130  Selling drugs to produce miscarriage; penalty.  Every person who shall manufacture, sell or give away any instrument, drug, medicine or other substance, knowing or intending that the same may be unlawfully used in procuring the miscarriage of a woman, shall be guilty of a gross misdemeanor.

 

NRS 201.140  Evidence.  In any prosecution for abortion, attempting abortion, or selling drugs unlawfully, no person shall be excused from testifying as a witness on the ground that his testimony would tend to incriminate him, but such testimony shall not be used against him in any criminal prosecution except for perjury in giving such testimony.

 

NRS 201.150  Concealing birth; penalty.  Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a gross misdemeanor.

 

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CHAPTER 442 - MATERNAL AND CHILD HEALTH; ABORTION

 

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NRS 442.240  “Abortion” defined.  As used in NRS 442.240 to 442.270, inclusive, unless the context requires otherwise, “abortion” means the termination of a human pregnancy with an intention other than to produce the birth of an infant capable of sustained survival by natural or artificial supportive systems or to remove a dead fetus.

 

NRS 442.250  Conditions under which abortion permitted.

      1.  No abortion may be performed in this state unless the abortion is performed:

      (a) By a physician licensed to practice in this state or by a physician in the employ of the government of the United States who:

             (1) Exercises his best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and

             (2) Performs the abortion in a manner consistent with accepted medical practices and procedures in the community.

      (b) Within 24 weeks after the commencement of the pregnancy.

      (c) After the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.

      2.  All abortions performed after the 24th week of pregnancy or performed when, in the judgment of the attending physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the womb by natural or artificial supportive systems must be performed in a hospital licensed under chapter 449 of NRS.

      3.  Before performing an abortion pursuant to subsection 2, the attending physician shall enter in the permanent records of the patient the facts on which he based his best clinical judgment that there is a substantial risk that continuance of the pregnancy would endanger the life of the patient or would gravely impair the physical or mental health of the patient.

     

NRS 442.252  Physician to certify informed consent, marital status and age of woman before performing abortion.  No physician may perform an abortion in this state unless, before he performs it, he certifies in writing that the woman gave her informed written consent, freely and without coercion. The physician shall further certify in writing the pregnant woman’s marital status and age based upon proof of age offered by her.

 

NRS 442.253  Requirements for informed consent.

      1.  The attending physician or a person meeting the qualifications established by regulations adopted by the Health Division shall accurately and in a manner which is reasonably likely to be understood by the pregnant woman:

      (a) Explain that, in his professional judgment, she is pregnant and a copy of her pregnancy test is available to her.

      (b) Inform her of the number of weeks which have elapsed from the probable time of conception.

      (c) Explain the physical and emotional implications of having the abortion.

      (d) Describe the medical procedure to be used, its consequences and the proper procedures for her care after the abortion.

      2.  The attending physician shall verify that all material facts and information, which in his professional judgment are necessary to allow the woman to give her informed consent, have been provided to her and that her consent is informed.

      3.  If the woman does not understand English, the form indicating consent must be written in a language understood by her, or the attending physician shall certify on the form that the information required to be given has been presented in such a manner as to be understandable by her. If an interpreter is used, the interpreter must be named and reference to this use must be made on the form for consent.

     

NRS 442.255  Notice to custodial parent or guardian; request for authorization for abortion; rules of civil procedure inapplicable.  [These provisions have been held to be unconstitutional and unenforceable.]

      1.  Unless in the judgment of the attending physician an abortion is immediately necessary to preserve the patient’s life or health or an abortion is authorized pursuant to subsection 2 or NRS 442.2555, a physician shall not knowingly perform or induce an abortion upon an unmarried and unemancipated woman who is under the age of 18 years unless a custodial parent or guardian of the woman is personally notified before the abortion. If the custodial parent or guardian cannot be so notified after a reasonable effort, the physician shall delay performing the abortion until he has notified the parent or guardian by certified mail at his last known address.

      2.  An unmarried or unemancipated woman who is under the age of 18 years may request a district court to issue an order authorizing an abortion. If so requested, the court shall interview the woman at the earliest practicable time, which must be not more than 2 judicial days after the request is made. If the court determines, from any information provided by the woman and any other evidence that the court may require, that:

      (a) She is mature enough to make an intelligent and informed decision concerning the abortion;

      (b) She is financially independent or is emancipated; or

      (c) The notice required by subsection 1 would be detrimental to her best interests,

the court shall issue an order within 1 judicial day after the interview authorizing a physician to perform the abortion in accordance with the provisions of NRS 442.240 to 442.270, inclusive.

      3.  If the court does not find sufficient grounds to authorize a physician to perform the abortion, it shall enter an order to that effect within 1 judicial day after the interview. If the court does not enter an order either authorizing or denying the performance of the abortion within 1 judicial day after the interview, authorization shall be deemed to have been granted.

      4.  The court shall take the necessary steps to ensure that the interview and any other proceedings held pursuant to this subsection or NRS 442.2555 are confidential. The rules of civil procedure do not apply to any action taken pursuant to this subsection.

 

NRS 442.2555  Procedure if district court denies request for authorization for abortion: Petition; hearing on merits; appeal.  [These provisions have been held to be unconstitutional and unenforceable.]

      1.  If the order is denied pursuant to NRS 442.255, the court shall, upon request by the minor if it appears that she is unable to employ counsel, appoint an attorney to represent her in the preparation of a petition, a hearing on the merits of the petition, and on an appeal, if necessary. The compensation and expenses of the attorney are a charge against the county as provided in the following schedule:

      (a) For consultation, research and other time reasonably spent on the matter, except court appearances, $20 per hour.

      (b) For court appearances, $30 per hour.

      2.  The petition must set forth the initials of the minor, the age of the minor, the estimated number of weeks elapsed from the probable time of conception, and whether maturity, emancipation, notification detrimental to the minor’s best interests or a combination thereof are relied upon in avoidance of the notification required by NRS 442.255. The petition must be initialed by the minor.

      3.  A hearing on the merits of the petition, on the record, must be held as soon as possible and within 5 judicial days after the filing of the petition. At the hearing the court shall hear evidence relating to:

      (a) The minor’s emotional development, maturity, intellect and understanding;

      (b) The minor’s degree of financial independence and degree of emancipation from parental authority;

      (c) The minor’s best interests relative to parental involvement in the decision whether to undergo an abortion; and

      (d) Any other evidence that the court may find useful in determining whether the minor is entitled to avoid parental notification.

      4.  In the decree, the court shall, for good cause:

      (a) Grant the petition, and give judicial authorization to permit a physician to perform an abortion without the notification required in NRS 442.255; or

      (b) Deny the petition, setting forth the grounds on which the petition is denied.

      5.  An appeal from an order issued under subsection 4 may be taken to the Supreme Court, which shall suspend the Nevada Rules of Appellate Procedure pursuant to N.R.A.P. 2 to provide for an expedited appeal. The notice of intent to appeal must be given within 1 judicial day after the issuance of the order. The record on appeal must be perfected within 5 judicial days after the filing of the notice of appeal and transmitted to the Supreme Court. The court, shall, by court order or rule, provide for a confidential and expedited appellate review of cases appealed under this section.

 

NRS 442.256  Records.  A physician who performs an abortion shall maintain a record of it for at least 5 years after it is performed. The record must contain:

      1.  The written consent of the woman;

      2.  A statement of the information which was provided to the woman pursuant to NRS 442.253; and

      3.  A description of efforts to give any notice required by NRS 442.255.

 

NRS 442.257  Criminal penalty.  Any person who violates any provision of NRS 442.252 to 442.256, inclusive, is guilty of a misdemeanor.

     

NRS 442.260  Health Division to adopt regulations governing performance and reporting of abortions.

      1.  The Health Division shall adopt and enforce regulations governing the conditions under and the methods by which abortions may be performed, the reasonable minimum qualifications of a person authorized to provide the information required in NRS 442.253, as well as all other aspects pertaining to the performance of abortions pursuant to NRS 442.250.

      2.  The Health Division shall adopt and enforce regulations for a system for reporting abortions. This system must be designed to preserve confidentiality of information on the identity of women upon whom abortions are performed. The Health Division may require that the following items be reported for each abortion:

      (a) The date of the abortion;

      (b) The place of the abortion including the city, county and state;

      (c) The type of facility;

      (d) The usual residence of the woman, including the city, county and state;

      (e) Her age;

      (f) Her ethnic group or race;

      (g) Her marital status;

      (h) The number of previous live births;

      (i) The number of previous induced abortions;

      (j) The duration of her pregnancy, as measured from first day of last normal menses to date of abortion, and as estimated by uterine size prior to performance of the abortion;

      (k) The type of abortion procedure; and

      (l) If a woman has had a previously induced abortion, the information in paragraphs (a) to (k), inclusive, or as much thereof as can be reasonably obtained, for each previous abortion.

      3.  The Health Division may adopt regulations to permit studies of individual cases of abortion, but these studies must not be permitted unless:

      (a) Absolute assurance is provided that confidentiality of information on the persons involved will be preserved;

      (b) Informed consent of each person involved in the study is obtained in writing;

   font-size:12.0pt'>  Hospital to submit monthly report to State Registrar of Vital Statistics.  Each hospital shall submit a monthly report to the State Registrar of Vital Statistics which contains the following information:

      1.  The number of patients admitted for hospital care for a complication which resulted from an abortion;

      2.  The nature of the complication by its diagnostic name; and

      3.  The type of abortion.

 

NRS 442.268  Civil immunity of person performing judicially authorized abortion in accordance with provisions of NRS 442.240 to 442.270, inclusive.  If an abortion is judicially authorized and the provisions of NRS 442.240 to 442.270, inclusive, are complied with, an action by the parents or guardian of the minor against persons performing the abortion is barred. This civil immunity extends to the performance of the abortion and any necessary accompanying services which are performed in a competent manner. The costs of the action, if brought, must be borne by the parties respectively.

 

NRS 442.270  Liability for failure to exercise reasonable care to preserve life of infant born as result of attempted abortion.  Whenever an abortion results in the birth of an infant capable of sustained survival by natural or artificial supportive systems, the failure to take all reasonable steps, in keeping with good medical practice, to preserve the life and health of the infant subjects the person performing the abortion to the laws of this state governing criminal liability and civil liability for wrongful death and medical malpractice.

     

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CHAPTER 449 - MEDICAL AND OTHER RELATED FACILITIES

 

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NRS 449.191   Medical facility not required to allow abortions.

      1.  A hospital or other medical facility licensed under the provisions of this chapter which is not operated by the State or a local government or an agency of either is not required to permit the use of its facilities for the induction or performance of an abortion, except in a medical emergency.

      2.  Such refusal does not give rise to a cause of action in favor of any person.

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NRS 449.760  Unlawful to prevent person from entering or exiting office of physician or health facility or center; exceptions; penalty.

      1.  Except as otherwise provided in this section, a person shall not intentionally prevent another person from entering or exiting the office of a physician, a health facility, a nonprofit health facility, a public health center, a medical facility or a facility for the dependent by physically:

      (a) Detaining the other person; or

      (b) Obstructing, impeding or hindering the other person’s movement.

      2.  The provisions of subsection 1 are inapplicable to:

      (a) An officer, employee or agent of the physician, health facility, nonprofit health facility, public health center, medical facility or facility for the dependent; or

      (b) A peace officer as defined in NRS 169.125,

while acting within the course and scope of his duties or employment.

      3.  The provisions of subsection 1 do not prohibit a person from maintaining a picket during a strike or work stoppage in compliance with the provisions of NRS 614.160, or from engaging in any constitutionally protected exercise of free speech.

      4.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for not more than 3 months, or by both fine and imprisonment.

      5.  As used in this section, the terms “health facility,” “nonprofit health facility” and “public health center” have the meanings ascribed to them in NRS 449.260.

     

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CHAPTER 632 - NURSING

 

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NRS 632.475   Unlawful to require participation in abortion.

      1.  An employer shall not require a registered nurse, a licensed practical nurse, a nursing assistant or any other person employed to furnish direct personal health service to a patient to participate directly in the induction or performance of an abortion if the employee has filed a written statement with the employer indicating a moral, ethical or religious basis for refusal to participate in the abortion.

      2.  If the statement provided for in subsection 1 is filed with the employer, the employer shall not penalize or discipline the employee for declining to participate directly in the induction or performance of an abortion.

      3.  The provisions of subsections 1 and 2 do not apply to medical emergency situations.

      4.  Any person violating the provisions of this section is guilty of a misdemeanor.

     

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CHAPTER 689A - INDIVIDUAL HEALTH INSURANCE

 

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NRS 689A.042   Coverage relating to complications of pregnancy.

      1.  No health insurance policy may be delivered or issued for delivery in this state if it contains any exclusion, reduction or other limitation of coverage relating to complications of pregnancy, unless the provision applies generally to all benefits payable under the policy.

      2.  As used in this section, the term “complications of pregnancy” includes any condition which requires hospital confinement for medical treatment and:

      (a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or

      (b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.

      3.  A policy subject to the provisions of this chapter which is delivered or issued for delivery on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision of the policy which is in conflict with this section is void.

 

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CHAPTER 689B - GROUP AND BLANKET HEALTH INSURANCE

 

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NRS 689B.260   Required provision concerning coverage relating to complications of pregnancy.

      1.  No group health or blanket health policy may be delivered or issued for delivery in this state if it contains any exclusion, reduction or other limitation of coverage relating to complications of pregnancy, unless the provision applies generally to all benefits payable under the policy.

      2.  As used in this section, the term “complications of pregnancy” includes any condition which requires hospital confinement for medical treatment and:

      (a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or

      (b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.

      3.  A policy subject to the provisions of this chapter which is delivered or issued for delivery on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision of the policy which is in conflict with this section is void.

     

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CHAPTER 695C - HEALTH MAINTENANCE ORGANIZATIONS

 

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NRS 695C.172   Required provision concerning coverage relating to complications of pregnancy.

      1.  No health maintenance organization may issue evidence of coverage under a health care plan to any enrollee in this state if it contains any exclusion, reduction or other limitation of coverage relating to complications of pregnancy unless the provision applies generally to all benefits payable under the policy and complies with the provisions of NRS 689B.340 to 689B.590 , inclusive, and chapter 689C of NRS relating to the portability and accountability of health insurance.

      2.  As used in this section, the term “complications of pregnancy” includes any condition which requires hospital confinement for medical treatment and:

      (a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or

      (b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.

      3.  Evidence of coverage under a health care plan subject to the provisions of this chapter which is issued on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision which is in conflict with this section is void.

 

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CHAPTER 695B - NONPROFIT CORPORATIONS FOR HOSPITAL, MEDICAL AND DENTAL SERVICE

 

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NRS 695B.192   Required provision concerning coverage relating to complications of pregnancy.

      1.  No hospital, medical or dental service contract issued by a corporation pursuant to the provisions of this chapter may contain any exclusion, reduction or other limitation of coverage relating to complications of pregnancy, unless the provision applies generally to all benefits payable under the contract and complies with the provisions of NRS 689B.340 to 689B.590 , inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.

      2.  As used in this section, the term “complications of pregnancy” includes any condition which requires hospital confinement for medical treatment and:

      (a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or

      (b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.

      3.  A contract subject to the provisions of this chapter which is issued or delivered on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision of the contract which is in conflict with this section is void.

 

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Medicaid Services Manual

 

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603.4 MATERNITY CARE AND POST PARTUM SERVICES

 

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c. Abortion/termination of pregnancy

1. Physicians requesting payment for induced abortion services must obtain prior

payment authorization from Nevada’s QIO-like vendor. Per federal guidelines,

payment is available for an induced abortion only when a physician has found,

and certified in writing to the QIO-like vendor, that on the basis of his/her

professional judgment, and supported by adequate documentation, the life of the

mother would be endangered if the fetus were carried to term.

2. Reimbursement is available for the treatment of incomplete, missed, or septic

abortions under the criteria of medical necessity. The claim should support the

procedure with sufficient medical information and by diagnosis.

3. Medicaid will reimburse for induced abortion services (surgical or medical)

provided to terminate pregnancies resulting from rape or incest.

The Nevada mandatory reporting laws related to child abuse and neglect must be

followed for all recipients under the age of 18. Nevada Medicaid will report these

cases to Child Welfare once the bill is received; however, physicians are still

required to report the incident to Child Protective Services through the Division of

Child and Family Services or, in some localities, through County Child Welfare

Services.

4. Services provided according to Medicaid policy to terminate pregnancies

resulting from rape or incest do not require prior authorization if the procedure is

performed as an outpatient or in an ambulatory surgery center. If it is medically

necessary to admit the woman to a hospital for the surgical procedure, prior

authorization from Medicaid’s QIO-like vendor is required.

 

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