*** Update****. This bill was heard on March 9. There were tons of testimonies, both in support and in opposition. We (the opposing side) did amazing and we want to thank everyone who wrote, called in and testified as well as called the committee and sponsors in advance. We would like to think we made a solid impression. We will keep you posted as to the destiny of this bill. Please feel free to continue writing to and calling the members of this committee (Senate Judiciary- contact info below in this post) until we know it has either died, or goes to the work session for a vote. Thank you all again for your support! HFN
Urgent! Make your voice heard in OPPOSTION OF the minor consent bill SB 172! This takes parents OUT of the equation for major medical decisions!!
SB172 Lowers the age of consent from 18 to 0 for Prevention and Treatment of STD’s and Contraception Hearing scheduled Thursday March 9 at 1pm!!
Attend or Call in with your opposition!!
Senate Judiciary Committee
Carson: Nevada Legislative Bldg. 2135
Las Vegas: Videoconferenced to Room 4412E of the Grant Sawyer State Office Building, 555 E. Washington Ave.
Ideas for what to say:
________________________________________ Issue #1 ________________________________________________________
To Senate Judiciary Chairman and committee,
As a concerned Nevadan, I ask that you oppose SB172 to preserve a parent’s right to protect their children from medical procedures, and to prevent minors from being able to make dangerous decisions without parental knowledge or consent.
This bill completely removes any age of consent for certain medical treatments. It allows a minor child the ability to agree to contraception without parental knowledge or consent, and it allows a child of any age to consent to prevention and treatment of STDs, which may include vaccines and potentially dangerous medications.
Who will pay for injuries or side effects from these treatments if the parents have not consented? If you’re saying a minor has the capacity to legally consent to a medical treatment, doesn’t that capacity apply to other areas of consent? If they truly have the capacity to consent, you’re violating their other rights by treating them as a minor in other areas. This bill is unnecessary because we already have a process for situations where the minor does have the capacity to consent; they can become emancipated and permanently bypass parental consent. This bill attempts to take a narrow view of a massive and complex legal issue, and if you decide to pass it, there will be unintended consequences.
In addition to being bad public policy, this bill also sets a dangerous precedent that endangers not just children, but also the sacred relationship between a parent and a child. Why would the state want to come between a child and their parents? Why would you want to pass a law that says you believe children know better than their parents?
In 2013, the Nevada legislature adopted NRS 126.036 to protect fundamental parental rights. SB 314 was sponsored by Democrat Senator Mo Denis. It passed the Senate unanimously and the Assembly by a 27-14 vote. It was signed into law by the Governor. Section one states: “The liberty interest of a parent in the care, custody and management of the parent’s child is a fundamental right.” SB172 would override this unanimous and bipartisan commitment to parental rights in Nevada.
As parents, we do everything we can to protect our children from making harmful decisions. When it comes to medical treatments, it is a parent’s right to make medical choices for ourselves and our dependent children.
Nevadans will not consent to this infringement on their parental right to direct the care and upbringing of our children. This bill violates parental rights, religious freedom, and the right to fully informed consent. Please vote no on SB172.
Thank you for your time,
[Insert first and last name here]
[Insert city, state and zip coder here]
________________________________ Issue #2____________________________________________
Senate Judiciary Committee,
My name is ______and I am concerned Nevada parent as well as a memeber of Health Freedom Nevada. HFN represents close to 5000 parents in Nevada who are extremely concerned about SB172. We all believe this violates our parental rights and that it is extremely dangerous.
In 2013, Senator Mo Dennis put forward a bill which was passed the senate anonymously, and the house in a bipartisan manner, codifying parental rights in Nevada law.
Senate Bill 314 was sponsored by Sen. Mo Denis. It passed the Senate unanimously on April 22 and the House by a 27-14 vote (1 excused) on May 24. It was signed into law by the Governor June 5. The statute is now NRS 126.036.
Section one of the bill reads as follows:
“The liberty interest of a parent in the care, custody and management of the parent’s child is a fundamental right.”
Not only would SB 172 be in direct violation of NRS 126.036, but also in violation of two Nevada supreme court decisions which have set precedents in our state that prohibit the violation of parental rights. If this committee passes SB 172, parents could sue based on Supreme Court precedents. Legislators could be held personally liable for violating parental rights and religious freedom. Additionally, damages or injuries that occur to a minor as a result of these interventions, without parental knowledge, would cost exorbitant amounts in additional fees, over and above the legal fees, as awards for such damage would be large.
Below are the two Supreme Court decisions supporting parental rights and the need for any proposed statute violating these rights be placed under extreme scrutiny and narrowly tailored.
Existing court precedent in Nevada already affirms parental rights.
* In Rico v. Rodriguez, 121 Nev. 695, 704, 120 P.3d 812, 818 (2005) (citing Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality opinion), the Nevada Supreme Court affirmed that parents have a “fundamental interest’ . . . in the care, custody, and control of their children.”
*In addition, in In re J.L.N., 118 Nev. 621, 625, 55 P.3d 955, 958 (2002), the Nevada Supreme Court held that “[s]tatutes that infringe upon [the fundamental right of parents to care for and control their children] are . . . subject to strict scrutiny and must be narrowly tailored to serve a compelling interest.” Therefore, in order to “terminate a parent’s rights, a petitioner must prove, by clear and convincing evidence, that termination is in the child’s best interests and that there is parental fault.” Id. (quoting In re N.J., 116 Nev. 790, 801, 8 P.3d 126, 133 (2000)).
In light of NRS 126.036, and these Supreme Court cases, I would like to put this committee on notice that Nevada parents do not consent to SB 172, and that there will likely be legal ramifications if this bill is passed.
Thank you,
{your name}
{ your city}, Nevada
You may CONTINUE sending the committee your opinions after this hearing. Until they go to a vote, we need to educate them and change their minds!!
Please send emails to the Senate Judiciary Committee members
(email links below):
Melanie.Scheible@sen.state.nv.us; Dallas.Harris@sen.state.nv.us; James.Ohrenschall@sen.state.nv.us; Marilyn.DonderoLoop@sen.state.nv.us
rochelle.nguyen@sen.state.nv.us; Ira.Hansen@sen.state.nv.us; Lisa.Krasner@sen.state.nv.us; Jeff.Stone@sen.state.nv.us
About the bill:
SB172 will allow children of any age to consent to treatment of STD’s, prevention of STD’s including vaccination, and to accept contraception without parental consent or notification.
“A minor may give express consent to a physician, physician assistant, registered nurse or pharmacist for the provision of services for the prevention of sexually transmitted diseases, including, without limitation, the services described in NRS 12 639.28085 or the issuance of a prescription for, the dispensing of or the administration of a contraceptive drug or device, without the consent or notification of the parent, parents or legal guardian of the minor.
Strongly oppose SB172
- SB172 removes the age of consent completely from 18 to 0 for certain medical treatments without parental knowledge or consent. This bill will allow any child of any age to consent to treatment by a physician, physician’s assistant, registered nurse, or pharmacist for services to prevent and treat STDs and to receive contraception.
- Treatments can include, but are not limited to the testing, treatment, and prevention of HIV and, as well as any other STD’s. Prevention of STD’s includes vaccines, such as HPV; and vaccines for HIV are in the pipeline. This bill would also allow the dispensing of a prescription for, or the administration of contraceptive drugs or devices; and all this would be allowed without the consent or even the notification of the parent, parents or legal guardian of the minor.
- NRS 639.28085 is a Nevada Revised Statute (law) that allows for the testing, treatment and prevention of HIV. This bill expands on this and allows for minors to consent.
- This bill is a violation of the family unit – it deeply infringes on a parent’s rights to make medical decisions for children who are too young to make these important choices for themselves. This is a slippery slope that leads to the demise of the sacred parent-child relationship.
- This bill represents a clear overreach by the State into the care and upbringing of our children, violating our parental, medical and religious freedom.
- Please let your legislators know that you do not consent to any aspect of this bill.
- In 2013, the Nevada legislature adopted NRS 126.036 to protect fundamental parental rights. SB 314 was sponsored by Democrat Senator Mo Denis. It passed the Senate unanimously and the Assembly by a 27-14 vote. It was signed into law by the Governor. Section one states: “The liberty interest of a parent in the care, custody and management of the parent’s child is a fundamental right.”
Please also continue to call the legislators on the Senate Judiciary Committee and let them know:
- You do not agree that minors should be able to make such important medical decisions without the consent of a parent or guardian.
- You hope that they value parental rights and religious freedom to make medical choices for their minor children.
- You do not believe it is right for the state of Nevada to make these choices for your child without your knowledge.
Senator Melanie Scheible # (702) 805-0105
Senator Dallas Harris # (775) 684-6502
Senator James Ohrenschall # (775) 684-6503
Senator Marilyn DonderoLoop # (775) 684-1445
Senator Rochelle Nguyen # (775) 684-1422
Senator Ira Hansen # (775) 684-1480
Senator Lisa Krasner # (775) 684-1450
Senator Jeff Stone # (775) 684-1481