Governmental entity prohibited from enacting or implementing certain limitations or requirements concerning contraception and family planning services; exception; relief; finding of vexatious litigant.
Nev. Rev. Stat. § 449A.148
in effect1. Except as otherwise provided in this section, a governmental entity shall not enact or implement any limitation or requirement that:
(a) Expressly, effectively, implicitly or, as implemented, singles out contraception and family planning services, drugs or devices related to contraception and family planning services or information related to contraception and family planning services or any providers of health care or facilities that provide contraception and family planning services, drugs or devices related to contraception and family planning services or information related to contraception and family planning services; and
(b) Substantially burdens:
(1) The access of a person to contraception and family planning services, drugs or devices related to contraception and family planning services or information related to contraception and family planning services; or
(2) The ability of a provider of health care to provide contraception and family planning services, drugs or devices related to contraception and family planning services or information related to contraception and family planning services within the scope of practice, training and experience of the provider of health care.
2. A governmental entity may enact a limitation or requirement described in subsection 1 if the governmental entity demonstrates by clear and convincing evidence that the burden imposed by the requirement or limitation on the activity described in paragraph (b) of subsection 1, as applied to the person or provider of health care who is subject to the burden:
(a) Furthers a compelling interest; and
(b) Is the least restrictive means of furthering that interest.
3. Notwithstanding any provision of NRS 41.0305 to 41.039 , inclusive, but subject to the limitation on damages set forth in NRS 41.035 when applicable, a person or provider of health care who has been substantially burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief. A court shall award costs and attorneys fees to a person who prevails on such a claim or defense pursuant to this section.
4. A court may find that a person is a vexatious litigant if the person makes a claim within the scope of NRS 449A.140 to 449A.148 , inclusive, which is without merit, fraudulent or otherwise intended to harass or annoy a person. If a court finds that a person is a vexatious litigant pursuant to this subsection, the court may deny standing to that person to bring further claims which allege a violation of this section.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-449A.htmlFetched: 10/4/2026