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Marlise's Law would allow pregnant women to control care

Representative Elliott Naishtat filed HB 3183, also known as "Marlise's Law," which would repeal the pregnancy exclusion currently found in the Texas Health and Safety Code.
A photo of Marlise Muñoz and her family.

AUSTIN – Sixteen months ago, it was the fight to honor Marlise Muñoz's wishes, and on Thursday, it's the fight honor her memory.

The Muñoz and Machado families were appealing to state lawmakers at the state capitol.

"She was human, she was not an experiment," said Ernie Machado, her father.

Representative Elliott Naishtat filed HB 3183, also known as "Marlise's Law," which would repeal the pregnancy exclusion currently found in the Texas Health and Safety Code. The code currently prohibits a pregnant women from exercising an advance directive.

"We're here today so no other woman or family will suffer the indignity of being treated as a second-class citizen" said Terri Burke, the executive director of ACLU of Texas.

Marlise Muñoz was 14 weeks pregnant when she collapsed and died in late 2013. Doctors at JPS Hospital in Fort Worth followed state law and kept her on life support to protect the fetus.

Muñoz would remain on life support for 62 days until a judge ruled the exclusion did not apply because she was dead.

"These changes will permit a pregnant patient to control her care, her treatment," Rep. Naishtat said.

Her mother, Lynne Machado, was emotional as the bill was laid out at a press conference in a meeting room at the state capitol.

"I felt this calm in me. I think Marlise was in the room," she said. "I felt it."

The Muñoz and Machado families never wanted what they called a private decision made so public. Lynne never thought her daughter's name would be assigned to a bill, either.

Her widower, Erick Muñoz, credited Marlise with making him who he is.

"Wherever she is, I know she is cheering and happy and proud of the man she made today," he said.

This bill faces several hurdles. It starts with a referral that has to come from the speaker to a committee. Only then can it be assigned for a hearing.

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