Nevada Bill Amending Parental Notification Laws (AB 405)

AB 405 would require physicians to send a written notification to parents or guardians of a minor seeking an abortion before they can start the procedure.  The physician would have to wait an additional 48 hours after the notification has been sent before performing the abortion.

The bill states that the written notification should be sent to the parent or guardians home address via personal service or certified mail.

The bill also states that parental notification may be waived if:

• the physician certifies that a medical emergency exists which necessitates an immediate abortion;
• a parent or guardian certifies that they have already been notified; or
• a court has given judicial authorization to waive the notification.

The bill would permit a pregnant minor wishing to have an abortion without parental notification to petition the district court to have the requirement waived.  The bill states that a court may grant the petition if they find the minor to be sufficiently mature and well-informed or if they feel it would be in the best interests of the pregnant minor to perform the abortion without parental notification.

If a person knowingly performs an abortion in violation of this act, the person would be guilty of a misdemeanor and subject to civil action.

Reporting Requirements

On or before February 28 of each year, each physician would be required to submit to the Division a complete and accurate report of the following statistical data:

• The number of pregnant women for whom written notice was delivered to parents or guardians and how they were delivered;
• The number of pregnant women who received an abortion without providing written notice to a parent, including the number of:
  • medical emergencies that necessitated an immediate abortion;
  • instances where a parent or guardian certified they had already been notified; and
  • instances in which a court gave judicial authorization to perform the abortion without parental notification.

The bikl states that if a physician fails to provide an accurate report within 30 days after the due date, they may be fined a penalty fee of $500.  If they fail to provide a report for more than a year, they may face civil action.

The Administrative Office of the Courts would compile the reports provided by physicians and release an annual report containing statistical data about the effect of notification requirements on the rate of abortions in the state.

STATUS

Passed the House (24-17) but died in the Senate.

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