(Texas Scorecard) – In a lengthy hearing before state administrative law judges regarding “mitigating and aggravating factors” in the Texas Medical Board’s case against Dr. Mary Talley Bowden for alleged unprofessional conduct, the TMB scrutinized Dr. Bowden’s social media usage.
The complaints against Dr. Bowden and TMB’s response have been likened to political persecution.
TMB’s case against Dr. Bowden stems from complaints filed by Houston Methodist Hospital and Texas Health Huguley Hospital in Fort Worth alleging unprofessional conduct and violations of the standard of care.
Background
The case concerns an attempt by Dr. Bowden during the COVID-19 pandemic to prescribe and administer ivermectin to a patient at Huguley Hospital.
Dr. Bowden was sought out by the patient’s wife, who was pursuing alternative treatment for her husband. With the assistance of attorneys, Dr. Bowden established a doctor-patient relationship with the man and received a court order allowing her to administer the medication via a surrogate, a nurse who lived in the Fort Worth area, as Bowden practices in Houston.
However, amid the back-and-forth of legal proceedings, Huguley Hospital asked Dr. Bowden to jump through several bureaucratic hoops to receive temporary emergency privileges with the hospital.
With the requested paperwork submitted and a court order in hand, Dr. Bowden and her attorneys believed the hospital’s fight against administering ivermectin had been thwarted.
Nevertheless, when the nurse arrived at the hospital to administer ivermectin to the patient, the hospital denied her the ability to do so. An argument broke out between Huguley staff, the patient’s wife, and the attorneys.
TMB alleges Dr. Bowden acted unprofessionally by sending the nurse without having approved emergency privileges.
Dr. Bowden’s attorneys argued that “A physician is not allowed to abandon their patient,” and Dr. Bowden would have done so “had she not sent her [nurse] that day.”
The Hearing
During Monday’s hearing, the TMB focused specifically on Dr. Bowden’s social media usage, arguing it is an “aggravating” factor in her case.
TMB’s Director of Litigation Amy Swanholm first brought up a back-and-forth thread on X between Dr. Bowden and another user, in which the other person advised sneaking ivermectin into the hospital to administer it. Dr. Bowden responded by explaining why doing that would not be possible.
Swanholm questioned whether Dr. Bowden would condone the “sneaking in” of outside medication.
Dr. Bowden said “no.”
When asked directly if it’s appropriate for a physician to encourage patients to act outside legal and medical protocols, Dr. Bowden responded, “I think everybody should follow the law.”
After bringing up several other posts made during the time of the Huguley case, Swanholm moved on to a later X post by Dr. Bowden, in which she indicated that the Texas Medical Board has “an agenda” for pursuing the case against her.
When questioned on what that agenda may be, Dr. Bowden elaborated, stating, “The whole pandemic was very politically divided. In my opinion, it feels like this entire three-and-a-half-year very expensive exercise has been more about politics than patient health.”
Much of TMB’s questioning revolved around how Dr. Bowden had characterized the actions taken by the agency during the past three and a half years in social media posts.
One doctor watching the hearing online posted: “They are literally using old Twitter posts, comments, and replies as evidence to punish her. Freedom of speech is on trial in TX as well as the ability of physicians to practice ethical Hippocratic individualized care v. Totalitarian group-based protocols dictated for all.”
The administrative law judges will now determine what disciplinary action, if any, Dr. Bowden will face for her actions.