1. The Account for Family Planning is hereby created in the State General Fund. The Director or his or her designee shall administer the Account.

2. Except as otherwise provided in subsection 6, the money in the Account must be expended to:

(a) Award grants of money to local governmental entities and nonprofit organizations to provide the family planning services described in subsection 3 to all persons who would otherwise have difficulty obtaining such services because of poverty, lack of insurance or transportation or any other reason; or

(b) Pay for family planning services described in subsection 3 which are provided by a department or division of the Executive Department of State Government or pursuant to a contract with such a department or division, which may include, without limitation, a contract with a community health nurse, a consultant or any other person or entity.

3. Money in the Account may only be used to pay for:

(a) The provision of education by trained personnel concerning family planning;

(b) The distribution of information concerning family planning;

(c) The referral of persons to appropriate agencies, organizations and providers of health care for consultation, examination, treatment, genetic counseling and prescriptions for the purpose of family planning;

(d) The distribution of contraceptives, the installation of contraceptive devices and the performance of contraceptive procedures approved by the United States Food and Drug Administration, which must be limited to:

(1) Voluntary sterilization for men and women;

(2) Surgical sterilization implants for women;

(3) Implantable rods;

(4) Copper-based intrauterine devices;

(5) Progesterone-based intrauterine devices;

(6) Injections;

(7) Combined estrogen- and progestin-based drugs;

(8) Progestin-based drugs;

(9) Extended- or continuous-regimen drugs;

(10) Estrogen- and progestin-based patches;

(11) Vaginal contraceptive rings;

(12) Diaphragms with spermicide;

(13) Sponges with spermicide;

(14) Cervical caps with spermicide;

(15) Condoms;

(16) Spermicide;

(17) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

(18) Ulipristal acetate for emergency contraception;

(e) The provision of or referral of persons for preconception health services and assistance to achieve pregnancy;

(f) The provision of or referral of persons for testing for and treatment of sexually transmitted infections; and

(g) The provision of any vaccinations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or its successor organization.

4. Family planning services funded by a local governmental entity using a grant awarded pursuant to paragraph (a) of subsection 2 may be provided wholly or partially through a contract between the local governmental entity and another local governmental entity, an agency of the State, a community health nurse, a consultant or any other person or entity.

5. Family planning services paid for pursuant to this section must be made available to all persons requesting such services:

(a) In a manner that protects the dignity of the recipient;

(b) Without regard to religion, race, color, national origin, physical or mental disability, age, sex, gender identity or expression, sexual orientation, number of previous pregnancies or marital status;

(c) In accordance with written clinical protocols that are in accordance with nationally recognized standards of care; and

(d) By persons who are required by NRS 432B.220 to report the abuse or neglect of a child.

6. The Director or his or her designee may not use more than 5 percent of the money in the Account to administer the Account.

7. The Director or his or her designee shall award grants of money from the Account pursuant to paragraph (a) of subsection 2 based entirely on the need for family planning services in the community served by the local governmental entity or the nonprofit organization and the ability of the local governmental entity or nonprofit organization to effectively deliver family planning services.

8. The Director or his or her designee or any entity that receives a grant or enters into a contract pursuant to subsection 2 shall not discriminate against any provider of family planning services in any manner, including, without limitation, by:

(a) Refusing to allow a provider of family planning services to provide family planning services paid with money from the Account; or

(b) Failing to provide timely or appropriate reimbursement for such family planning services.

9. The existence of the Account does not create a right in any local government or nonprofit organization or other entity to receive money from the Account.

10. As used in this section, “preconception health services” means the promotion of proper health practices, screenings and interventions conducted before pregnancy to identify and modify biomedical, behavioral and social risks to a woman’s health or pregnancy outcome through prevention and management.

(Added to NRS by 2017, 739; A 2019, 1505)