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Texas AG Ken Paxton Enters Legal Fray, Backing Doctor Against State Medical Board Over Ivermectin Dispute
Key Takeaways
- •Texas AG Ken Paxton has taken legal action to intervene in a lawsuit against a state agency he is typically charged with defending: the Texas Medical Board.
- •The lawsuit challenges the TMB's reprimand of Dr. Mary Bowden for prescribing ivermectin to a COVID-19 patient without hospital privileges.
- •Paxton argues the TMB's action constitutes an "illegal reprimand" that violates Dr. Bowden's constitutional rights and impedes her ability to practice.
- •This legal battle has public policy implications for the scope of administrative agency power, medical freedom movements, and the regulation of licensed professionals in Texas.
You know how sometimes state officials get into fights? Well, Texas Attorney General Ken Paxton is in another one, and this time it's with a state agency he's actually supposed to defend: the Texas Medical Board. He's stepping in to back a Houston doctor who got disciplined for trying to treat a patient with ivermectin. It's a real legal tangle that has big questions about medical freedom, a doctor's rights, and who really gets to call the shots in healthcare.
Here's the deal: Dr. Mary Talley Bowden, a Houston physician, got a reprimand last year from the Texas Medical Board. Why? Because in October 2021, at the peak of the pandemic, she prescribed ivermectin for a COVID-19 patient. The catch? She didn't have privileges at the Fort Worth hospital where the patient was. The board looked at it, upheld its decision in December, saying she broke hospital rules. Now, Dr. Bowden has sued the board to get that reprimand thrown out.
And this is where AG Paxton jumps in. Just this past Thursday, he filed a petition to intervene in Dr. Bowden's lawsuit, essentially joining her side against the Medical Board. Paxton didn't mince words. He said he won't stand by while Dr. Bowden has her 'Constitutional rights trampled and ability to serve her patients impeded with an illegal reprimand.' He even called her a 'champion for health freedom,' stating his move is 'to ensure administrative agencies don't violate the rights of licensed professionals in Texas.'
Paxton's big complaint? He says the Medical Board slapped Dr. Bowden with this reprimand without even getting medical expert testimony. Think about that: a board made up of 12 physicians and seven public members, all appointed by Governor Greg Abbott, getting accused of not consulting experts in a medical discipline case. Paxton's argument hits on a fundamental legal idea: due process. He's essentially saying Dr. Bowden wasn't given a fair shake, that her rights to practice her profession were threatened without proper procedure and expert review. This isn't just about ivermectin; it’s about how much power an administrative agency can wield over a licensed professional. If the board can discipline a doctor without what Paxton considers adequate justification or evidence, where does that leave other doctors in Texas? This case could really set a precedent for how the state medical board operates and how it handles future complaints. Neither the board nor its president, Dr. Sherif Zaafran, has commented on Paxton's move yet, but you can bet they're watching closely. Dr. Bowden, though, is pretty happy. She told The Texas Tribune it's been a 'four and a half year fight' and she hopes they can 'put this matter to rest.' She believes it's important not just for her, but for patients across the state, implying a broader fight for doctors' ability to choose treatments.
This whole situation isn't just a legal spat; it's got some serious political flavor, too. Paxton's decision to support a well-known vaccine skeptic, especially a week before early voting for the GOP primary, looks strategic. He's up against incumbent Senator John Cornyn, and primary elections can be tight, often decided by dedicated voters. Matthew Wilson, a political science professor at Southern Methodist University, points out that ivermectin has become this 'MAHA wonder drug' — short for 'Make America Health Again,' a movement embraced by figures like Robert F. Kennedy Jr. He thinks supporting Dr. Bowden sends a clear message to that specific group of voters, potentially bringing them to the polls. It's a savvy political move, regardless of the legal merits.
For many, ivermectin, an anti-parasitic often used for livestock, became a symbol for 'medical freedom' during the pandemic when some folks were looking for alternatives to COVID-19 vaccines. They felt their choices were being restricted. Last year, Texas even became one of a few states to let pharmacies sell ivermectin without a prescription, thanks to activist efforts. While other states like Iowa are also debating this, Utah recently rejected a similar measure. It shows you how deeply this issue runs in certain political circles and how it fuels ongoing legislative debates. This push for 'medical freedom' often clashes directly with established medical guidelines and regulatory bodies like the Texas Medical Board, creating these kinds of public and legal disputes.
This isn't the first time Paxton has gone head-to-head with a state agency his office is supposed to defend. Just last October, he sided with the Republican Party of Texas in a lawsuit against the Secretary of State's office over election laws. He also famously refused to represent state agencies in other disputes. It seems he's not afraid to challenge state bodies when he believes there's an overreach or a violation of rights, even if it means clashing with his own legal responsibilities.
Let's look back at Dr. Bowden's history a bit, because it helps you understand the context. In 2021, Houston Methodist Hospital suspended her because she was critical of COVID-19 vaccines and spread misinformation about the virus. She actually sued the hospital for $25 million for defamation, but that case got dismissed. Later that same year, she prescribed ivermectin to Jason Jones, a Tarrant County sheriff's deputy hospitalized with COVID-19. His wife sued the hospital to allow Dr. Bowden to treat him. A district court sided with the wife, telling Texas Health Huguley to grant Bowden privileges. The hospital appealed, and an appeals court said she could apply. When Dr. Bowden said she'd send a nurse to give the ivermectin, hospital staff called the police. This incident highlights the intense conflicts that arose during the pandemic concerning patient care and doctor autonomy. Sadly, Jones died more than a year later in April 2023. His obituary didn't give a cause of death.
The Medical Board, in its ruling, specifically noted that Dr. Bowden 'knew she did not have privileges to administer her prescription to Patient.' They also worried she 'may repeat her attempt to disregard a hospital’s rules on physician credentialing and treat an inpatient at a facility where she is not privileged.' This really gets to the core legal question you might be asking: How much authority does a physician have to prescribe treatments, especially off-label ones, when they don't have privileges at a facility? And how much power does a state medical board have to regulate that, enforcing hospital rules and professional standards? This case is going to test those boundaries, and the outcome could really reshape how medical professionals practice in Texas, impacting everything from patient choice to doctor accountability. It’s a big deal for anyone interested in how healthcare is regulated.
Original source: Politics – Houston Public Media.
