Paxton could not intervene earlier because the matter remained in the administrative phase for years (starting with a 2021 incident, a formal complaint in 2023, and proceedings at the State Office of Administrative Hearings [SOAH]).
During administrative disciplinary processes before state agencies like the TMB, the Attorney General’s office generally does not intervene or represent parties—the TMB defends its own actions in SOAH hearings, and the AG’s role in defending or challenging agency decisions typically arises only after administrative exhaustion, when the final agency action (here, the October 2025 reprimand) is appealed or challenged in state court (Travis County district court in this instance).
On February 12, Paxton filed a petition in intervention in Travis County district court supporting Bowden’s lawsuit against the TMB and challenging a public reprimand tied to her attempt to administer ivermectin to a hospitalized sheriff’s deputy in 2021.
In the press release issued the same day, Paxton announced he was “not only declining to represent TMB in the case, but he has now filed an intervention in the case in support of Dr. Bowden.” He also said his office would decline to represent the Board in another related matter brought by Bowden.
Paxton stated in the press release, “I will not stand by as Dr. Bowden has her Constitutional rights trampled and ability to serve her patients impeded with an illegal reprimand.”
“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,” stated Paxton in the press release.
The intervention arises from a November 2021 dispute at Texas Health Huguley Hospital, in which the family of a critically ill first responder obtained a temporary injunction ordering the hospital to grant Bowden emergency privileges to administer ivermectin. According to the Attorney General’s filing, Bowden was not notified that a court of appeals had stayed the order later that day.
The State’s petition alleges the TMB acted “on nothing more than personal animosity and spite” and imposed discipline without medical expert testimony showing her actions harmed patient care. It further claims the Board ignored her reliance on a court order and legal counsel and violated due process by providing a non-operating remote link for a sanctions hearing.
The filing asks the court to declare the Board’s final order void and to permanently enjoin the TMB from taking further action against Bowden related to the November 2021 incident.
The Board’s reprimand was upheld in December 2025 after members unanimously denied Bowden’s request for rehearing, clearing the way for a court appeal. At that hearing, Board staff argued that administrative law judges had found she engaged in disruptive conduct and attempted to bypass credentialing requirements. Bowden’s attorney disputed those findings and said she relied on a district court order and legal advice, as previously reported by The Dallas Express.
Paxton’s senior advisor at the time wrote on social media that the Attorney General “legally CAN’T intervene in any Medical Board case,” asserting that the office lacked intervention authority while the matter was proceeding through administrative hearings.
Bowden had previously urged Paxton to investigate the Board, alleging retaliation and selective enforcement. Emails and text messages obtained through public records requests appeared to show some Board members expressing negative sentiments about her after she publicly criticized COVID-19 vaccine mandates and refused a pre-hearing settlement, according to prior reporting by The Dallas Express.
On February 12, Bowden texted The Dallas Express: “I’m incredibly grateful to have Ken Paxton’s support. It’s been a four-year battle, and the tide is finally turning. My patient Jason Jones had to sue Texas Huguley Hospital for the right to try ivermectin, a drug that is now available without a prescription in Texas, and the hospital retaliated against me for fighting on his behalf.”
The intervention also notes that, in 2025, the Texas Legislature codified the dispensing of ivermectin without a prescription under Section 446.001 of the Texas Health and Safety Code.
The Dallas Express reached out to the Texas Medical Board for comment, but did not immediately receive a response. An update will be provided if one is given.
The case now moves forward in the state district court.
