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Conservative Republicans of Texas target Texas Advance Directives Act

The Conservative Republicans of Texas target the Texas Advance Directives Act in their Resolutions for 2016 Republican Precinct Conventions.

REPEAL & REPLACE PART OF THE TEXAS ADVANCE DIRECTIVES ACT

WHEREAS, every year in Texas, an unreported number of vulnerable patients are victims of the unethical, unconstitutional, and unprecedented Ethics Committee process due to the Texas Advance Directives Act; and

WHEREAS, Section 166.046 of the Texas Health and Safety Code enables physicians and hospitals to unilaterally withhold or withdraw a patient’s Life-Sustaining Treatment at the expiration of ten days against the patient or patient’s family’s will and without a mechanism for appeal and with no liability attached for erroneous determination, although such withdrawal will likely result in death for the patient; and

WHEREAS, this legal process in Section 166.046 of the Texas Health and Safety Code simultaneously violates the patient’s Constitutionally protected right to Due Process, and the patient’s Right to Life through the hospital’s own Ethics Committee without opportunity for appeal or legal recourse.

THEREFORE BE IT RESOLVED, we call on the Texas Legislature to repeal Section 166.046 of the Texas Health and Safety Code and replace the unethical, unconstitutional, and unprecedented law with truly Pro-Life options that respect and protect vulnerable patients in Texas.

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