The Nevada Department of Public Health Has Used the Regulatory Process to Alter Law

AB 123 was killed in 2019.  Now, under a veil of secrecy, behind closed doors, the Nevada Health Department has make the tenants of AB123 active via regulatory process.

In 2019, during the 80th Session of the Nevada Legislature, a bill was proposed under the BDR of AB123.  It was sponsored by Connie Munk and co-sponsored by Immunize Nevada and the Health Dept.  We (hundreds of you, and all of us who came to be known as Health Freedom Nevada) fought the bill very hard.  We were able to get the bill gutted to the point that the stakeholders no longer liked the bill and it was killed.

AB123 was attempting to do the following:

1) require a prescribed form for both religious and medical exemptions which was created by the health department.  This would be a slippery slope where the HD could then change the form as they saw fit, narrowing our exemptions to the point of making them impossible to get.

2) required all vaccine exempt students’ information to be sent and documented by the health dept, and students to give up their FERPA rights (student privacy) in exchange for their exemption status

3) required annual submission of both medical and religious exemption to vaccination

This bill FAILED in the 2019 Legislative Session.

In December 2020, basically behind closed doors, during the pandemic, when no one was allowed to attend Health Dept Board meetings, except on Zoom, and under the guise of an emergency, the Nevada Health Department made all the things that were not allowed under AB123 and NOT APPROVED BY THE LEGISLATURE to become part of regulation.  They did this under the guise of “administrative powers” to interpret laws.  Regulations are made based on laws.  Laws might give Regulators a certain leeway to interpret the law and adapt the regulations; but the regulations cannot MAKE law.  In this case, the Nevada Revised Statutes were altered under the regulatory process instead of under the legislative process.

Because of the Dec 2020 new regulation, many families enrolling their kids for school for the 2021 school year are being required to fill out a prescribed form from the health department.  This is the beginning of the end of our religious and medical exemptions in Nevada.  If we allow this to happen, they will simply wittle away our exemptions, alter the forms and make it virtually impossible to get what we, by law have the right to.  The regulators will regulate away our rights that Legislators have allowed us.

We will be taking them to court.  But this is big and we need funding.  This is much more that just sending a cease and desist.  They have broken the law and we will fight them.  The Health Department’s overreach must be stopped.

Here is the Document for the New Regulations

We have a lawyer ready to go and WILL take them to court.  Please donate today!

Thank you!