In Nevada
After Roe in Nevada, abortion is still legal in most circumstances. Keep reading to find out more about your state’s posts-Roe abortion laws.
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Nevada still allows many abortions. The right to an abortion before 24 weeks was established by law in 1973 (the same year as Roe v. Wade) and affirmed by the people via ballot initiative in 1990. Nev. Rev. Stat. Ann. § 442.250; Nev. Question No. 7.
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Nevada has a long way to go to protect life. The pro-life movement will have to work hard to prevent Nevada from becoming an abortion tourism destination.
Nevada will need to work on protecting human life at the most basic level. It must enact parental notification for minors seeking abortion, a third-trimester abortion ban, and legislation to protect children who survive an abortion procedure.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
If my state won’t ban all abortions, what are the limits to abortion?
Abortions are prohibited after 24 weeks gestation. Nev. Rev. Stat. Ann. § 442.250.
Are there any exceptions to those limitations placed on abortion?
Yes: Abortion is permitted after 24 weeks, only if the physician believes it is necessary to preserve the life and health of the mother. Nev. Rev. Stat. Ann. § 442.250.
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
Violations of the statute are a misdemeanor. Nev. Rev. Stat. Ann. § 442.257.
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The law provides no cause of action.
Does my state impose a special medical standard of care on abortion providers?
Abortions performed after 24 weeks must be performed in a hospital licensed under chapter 449 of NRS. Nev. Rev. Stat. Ann. § 442.250.
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
No. One parent must be notified, but consent is not required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Nev. Rev. Stat. Ann. §§ 442.255.
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
For individuals: Except in a medical emergency, nurses, nursing assistants, and other employees hired to provide direct personal health service may not be forced to participate directly in abortions if they have provided a written statement indicating a moral, ethical, or religious basis for refusal to participate. The refusal to participate may not be a basis for penalty or discipline by the employer. Nev. Rev. Stat. Ann. § 632.475.
For hospitals: Private hospitals or licensed medical facilities are not required to permit the use of their facilities for abortions except in a medical emergency. The refusal to permit abortion care may not be a basis for a cause of action. Nev. Rev. Stat. Ann. § 449.191.
Are there legal protections for babies born alive following a botched abortion in my state?
Yes, physicians must take all reasonable steps to preserve the life and health of an infant born alive during an attempted abortion. Nev. Rev. Stat. Ann. § 442.270.
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes: Physicians must be licensed to practice in the state or employed by the U.S. government using accepted medical practices and procedures in order to perform abortions. Nev. Rev. Stat. Ann. § 442.250.
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Physicians must obtain informed consent before conducting an abortion. Nev. Rev. Stat. Ann. § 442.252.
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
No.
MAKING A MORE PROLIFE NEVADA
Your state does not (yet!) have a state family policy council working on the issue of life at your state’s capitol. But the need to fight for life in your state is critical!
If you’re interested in helping start a state family policy council in Nevada, please contact us at: mail@familypolicyalliance.com
And, be sure to check out the good prolife work being done by our national allies as well and find a way to plug into the #AfterRoe movement!
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