EXECUTIVE ORDER 2022-08

PROTECTING ACCESS TO REPRODUCTIVE HEALTH SERVICES IN NEVADA

WHEREAS, the State of Nevada has long protected reproductive freedom in this State and has reaffirmed that unwavering commitment as other states have moved to limit reproductive freedoms and attacked the right for individuals to make decisions regarding their health and wellbeing; and

WHEREAS, Nevada Revised Statute Section 442.250 codified the right to abortion. This right was further protected in 1990 when Nevada voters affirmed this State's dedication to protecting reproductive health care by passing Question 7, shielding NRS Section 442.250 from repeal without a direct vote by the people. In 2019, Nevada reaffirmed its commitment to reproductive freedom by passing Senate Bill 179, the Trust Nevada Women Act, which decriminalized medicated abortions and removed antiquated informed consent laws and other barriers to accessing reproductive health care across this State.

WHEREAS, on June 24, 2022, the United States Supreme Court issued its decision in Dobbs v. Jackson Women's Health, abandoning almost 50 years of precedent and taking away the constitutional right to abortion. In response, other States have adopted laws that may purport to impose civil or criminal liability or professional sanctions on health care professionals who provide, and persons who seek to obtain or assist others in seeking to obtain, reproductive health care services, as permitted by the laws of Nevada.

WHEREAS, Nevada stands firm in its commitment to protecting reproductive freedom for any person seeking access to reproductive health care in this State. Health care professionals lawfully providing, and persons lawfully seeking or assisting others in seeking, reproductive health services should be protected from legal liability premised on, and professional sanctions issued under, the laws of other States when those services are lawful in Nevada and meet the standards of professional practice under the laws and regulations of this State.

NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and laws of the State of Nevada and the laws of the United States, it is hereby ordered as follows:

1.	No Assistance from Executive Department Agencies: Except as required by the order of a court of competent jurisdiction, no executive department agency and no employee, appointee, officer, or other person acting on behalf of any executive department agency may provide any information or expend or use time, money, facilities, property, equipment, personnel or other resources in furtherance of any investigation or proceeding initiated in or by another State that seeks to impose civil or criminal liability or professional sanction upon a person or entity for:
	A.	the provision, securing, or receiving of, or any inquiry concerning reproductive health care services that are legal in this State; or
	B.	any assistance given to any person or entity that relates to the provision, securing, receiving of, or any inquiry concerning reproductive health care services that are legal in this State.

	This restriction shall not apply to any investigation or proceeding where the conduct that is subject to potential liability under the investigation or proceeding initiated in or by the other State would be subject to civil or criminal liability or professional sanction under the laws of the State of Nevada if committed in this State. Notwithstanding the general prohibition of this section, agencies and individuals acting on their behalf may provide information or assistance in connection with such an investigation or proceeding in response to the written request of a person who is the subject of such an investigation or proceeding.

2.	Protection of Health Care and Other Professionals Licensed in the State of Nevada: The Medical Examiners Board, the Nevada State Board of Nursing, the Pharmacy Board and any other board or commission which oversees professionals providing reproductive health care, are directed to implement policies that will ensure that no person shall be disqualified from licensure or subject to discipline by a Nevada board or commission for providing or assisting in the provision of reproductive health care services or as a consequence of any judgment, discipline, or other sanction threatened or imposed under the laws of another State so long as the services as provided would have been lawful and consistent with standards for good professional practice in the State of Nevada. Nevada recognizes that people from other States will seek reproductive health care within this State and therefore the Boards are encouraged to consider licensing reciprocity to professionals who provide reproductive health services in other States to assist in providing services in this State.

3.	Unavailability of lnterstate Extradition: Notwithstanding the provisions of NRS 179.181, The Office of the Governor shall decline any request received from the executive authority of any other State to issue a warrant for the arrest or surrender of any person charged with a criminal violation of a law of that other State where the violation alleged involves the provision or receipt of or assistance with reproductive health care services unless the acts forming the basis of the prosecution of the crime charged would also constitute a criminal offense under the laws of the State of Nevada. Consistent with the requirements of NRS 179 .181, this limitation shall not apply in the circumstance where the person who is the subject of the request for arrest or surrender was physically present in the requesting State at the time of the commission of the alleged offense and thereafter fled from that State.

4.	Definitions: for the purpose of this Order, "reproductive health care services" includes all medical, surgical, counseling, or referral services relating to the human reproductive system, including but not limited to, services relating to pregnancy, contraception, the termination of pregnancy, 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.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Nevada to be affixed at the State Capitol in Carson City, this 28th day of June, in the year two thousand twenty-two.