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Attor­ney Gen­er­al Ken Pax­ton Takes Legal Action to Sup­port Mary Tal­ley Bow­den and Defend Her Con­sti­tu­tion­al Rights

Attorney General Ken Paxton has taken legal action to support Mary Talley Bowden, M.D., in her case against the Texas Medical Board (“TMB”). 

In 2021, the family of a hospitalized first responder sought a court order directing Dr. Bowden, or a nurse under her supervision, to administer Ivermectin to the patient, who was on a ventilator and in a medically induced coma due to severe COVID-19 complications. A state district court granted the order. However, shortly before Dr. Bowden’s nurse was set to arrive at the hospital, an appeals court blocked the district court’s order. Dr. Bowden was not aware of this stay. Dr. Bowden continued efforts to prescribe Ivermectin, and when the nurse appeared at the hospital, hospital staff refused entry and law enforcement was called.

However, despite acting in good faith to provide medical care to a potentially dying patient at the request of the patient’s family—and while under the assumption that she was acting in full accordance with the law—the Texas Medical Board issued an administrative penalty and public reprimand of Dr. Bowden. Dr. Bowden has now sued the TMB to reverse the reprimand. Attorney General Paxton is not only declining to represent TMB in the case, but he has now filed an intervention in the case in support of Dr. Bowden. Further, Attorney General Paxton—in support of Mary Talley Bowden—is also declining to represent TMB in another case brought by Dr. Bowden. 

“I will not stand by as Dr. Bowden has her Constitutional rights trampled and ability to serve her patients impeded with an illegal reprimand,” said Attorney General Paxton. “Dr. Bowden has been a champion for health freedom, selflessly served her patients, and acted in full accordance with the law. That’s why I’ve filed this intervention in support of Dr. Bowden and to ensure administrative agencies don’t violate the rights of licensed professionals in Texas.” 

The intervention notes that TMB’s reprimand was done with no consideration of medical expert testimony, ignored the fact that Dr. Bowden was acting in reliance upon both a court order and advice of counsel, and ignored due process during the hearing on the reprimand.

To read the intervention in support of Dr. Bowden, click here.

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