My Fight with the Texas Medical Board

Details from the Informal Settlement Conference, February 2023

Aug 06, 2023

Update: At the end of this article, I’ve included the court order granting me permission to administer ivermectin to Mr. Jones. The hospital appealed, and the appellate judge overturned the order.

Last February, I appeared before the Texas Medical Board to respond to allegations brought forth against me by two multi-billion non-profit hospitals in Texas.

The informal hearing occurred over Zoom and was presided by two of their attorneys, a physician (Dr. Manny Quinones from San Antonio) and a non-physician (Sharon Barnes.) https://www.tmb.state.tx.us/page/medical-board-bios. Dr. Quinones told me he is an expert in hospital procedures and by-laws, having served as chief of staff somewhere. I told him I was not an expert in those areas. He seemed very focused on me not complying with hospital procedures.

An anonymous expert reviewed the allegations and made written recommendations. My lawyer was not allowed to cross-examine him/her. We are not allowed to share any of the submitted records to the public.

Houston Methodist Hospital and Texas Huguley Hospital were the two complainants.

Houston Methodist Hospital reported me for resigning while 'under investigation.’ A physician in Texas cannot resign his or her privileges while under investigation - doing so is grounds for discipline from the Texas Medical Board. However, according to the information submitted from Houston Methodist, I was technically not under investigation as defined in their by-laws; an investigation can only be launched if the issue involves patient care. Per their statements on Twitter, they suspended my privileges for spreading ‘dangerous misinformation’ and since I have never admitted a patient to their hospital (something they also declared on Twitter), I cannot be ‘investigated.’ I also explained that I resigned in response to the gut punch I received when Houston Methodist reported my suspension to the Houston Chronicle (I learned of my suspension when one of their reporters asked me to confirm whether or not it was true) and announced on Twitter I was spreading dangerous misinformation that is ‘harmful to the community’; subsequent to the ensuing media frenzy, I had absolutely no interest in affiliating with them going forward.

Houston Methodist also alleged I advised ivermectin for pregnant patients in a response to a tweet from physician social media influencer Mama Doctor Jones. Mama Doctor Jones appeared on my radar after she made a defamatory video of me that went viral to her million+ followers. When she tweeted about all the pregnant women she had seen die from COVID, I commented ‘Should have tried ivermectin’. I told the panel that I had never prescribed ivermectin for a pregnant woman, explained the context of my tweet, that I was clearly talking to a physician, and also reminded them that while ivermectin is considered pregnancy class C, it can be used if the physician feels the benefit outweighs the risk. If it was between dying and trying ivermectin, perhaps the suggestion in my tweet was not out of line.

Houston Methodist further claimed I violated HIPAA by going public about Jason Jones, the patient at Texas Huguley Hospital who I tried to help get ivermectin. I was very sensitive to the wishes of his wife and legal proxy (Erin) and didn’t go public until she gave me permission to go public; I have her permission documented. Interestingly we discovered the attorneys for Texas Huguley Hospital breached HIPAA by not redacting any of Jason Jones’ personal information from the public court records. I let Erin know she has a good lawsuit on her hands.

Texas Huguley Hospital reported me for trying to prescribe Jason Jones medications without having privileges at their hospital. When Mr. Jones’ wife Erin reached out to me for a second opinion, I advised her to try to transfer him to Houston to be cared for by critical care specialist Dr. Joe Varon. Because of their children, her desire to be with Jason daily, and Texas Huguley telling her she couldn't transfer him, she decided to stay. Mr. Jones had tried to get ivermectin before he was hospitalized, and he and his wife were both familiar with how controversial it was. At that point I had treated 268 patients with ivermectin with success and no adverse side effects. Erin was told her husband’s prognosis was very poor; hospice was being discussed. She had asked his physician at Texas Huguley to prescribe ivermectin for him but he and the hospital refused. She bravely fought back, obtained legal counsel and sued the hospital. I felt ethically obligated to honor her request, particularly given the safety profile of ivermectin and the benefit I had seen clinically, supported by numerous studies. I wrote a prescription for ivermectin that was submitted with her lawsuit and also included a list medications from FLCCC’s MATH+ hospital protocol to be considered. As I told the panel, Erin had no intention of filling the prescription and giving him the ivermectin without getting approval from the hospital first, as she was in the midst of a lawsuit with them over the matter. I prescribed it in preparation... I did not go to the hospital and write orders in the chart and expect the nurse to carry them out. The expectation was that Erin would have the ivermectin on hand so that if she won her lawsuit she would be ready to go. I also was relying on her attorney Beth Parlato to guide me through the process of navigating the court orders... it was back and forth and confusing. The court ordered the hospital to grant me temporary privileges... which the hospital denied... Beth had to go to the judge... they wanted me to amend my application, etc. They created unnecessary roadblocks in the process, but eventually I was granted privileges. Sadly, before I could do anything, the hospital appealed; the appellate judge blocked the original court order, and Jason was never allowed to use my prescription for ivermectin.

Texas Huguley also complained about me publicizing the events on social media, but I told them I was advised by Erin’s attorney Beth that if the hospital would not comply with the court order (which they didn't), I should go public in hopes that they would feel pressure to obey the court order. The goal was to give Jason every opportunity to live, to honor his wishes and his wife's wishes and nothing more.

Allegations were also made that I was unlawfully using a controlled substance (I assume they were referring to ivermectin.) This was in writing but never came up during the meeting.

Dr. Quinones asked me about the point of giving ivermectin to someone a month after getting COVID. I informed him that the latest meta analysis of data shows a 41% reduction in mortality when given ivermectin after 2 weeks of illness.

The panel proposed a settlement of a $5000 fine, 8 hours of CME and for me to re-take the jurisprudence exam. My attorney was shocked. I refused the offer and plan on going forward with a public hearing, where nothing is anonymous, I'm allowed to bring my own witnesses and cross-examine their witnesses. I will not plead guilty to crimes I didn't commit.

Court Order Allowing Me to Administer Ivermectin:

TEMPORARY INJUNCTION ORDER & ORDER SETTING TRIAL

The Court having considered Plaintiffs' Erin Jones, Individually and as Legal Representative and Next Friend of Jason Jones, Petition and Motion for Temporary Injunction, and upon reviewing all pleadings, affidavits, exhibits, arguments of the parties, the testimony of witnesses and hearing evidence from both parties, all Counsel of record being present, the Court hereby makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

1. Plaintiff, Jason Jones, is a patient at Texas Health Huguley Hospital. The Petition seeks Emergency Medical Declaratory Judgment and Emergency Injunctive Relief against Defendants to administer the drug Ivermectin to Jason Jones.
2. Jason Jones was admitted to Defendant Hospital on September 28, 2021 and diagnosed with COVID-19.

On October 7, 2021, Jason Jones was sedated, intubated and placed on a ventilator.
Since October 7, 2021, Jason Jones has been on a ventilator in a medically induced coma, continuing to decline.
Defendants have treated Jason Jones with their Covid-19 protocol and refuse to deviate from their protocol and administer an alternative medical treatment with the use of the drug ivermectin, despite the fact that their Covid-19 protocol has not improved his condition.
Dr. Mary Talley Bowden, M.D. has prescribed ivermectin for Jason Jones. Dr. Bowden is a Board-Certified Physician duly licensed to practice medicine under the laws of the State of Texas.
Dr. Bowden testified that she has successfully treated hundreds of covid patients with ivermectin and that Jason Jones would have a good chance of survival if treated with ivermectin. She further testified that ivermectin is safe and effective for covid patients, and that off-label use of approved FDA drugs, including ivermectin, is within the standard of care.
Plaintiff, Erin Jones, in her capacity as surrogate decision-maker, has consented to Dr. Bowden treating her husband, Jason Jones, with ivermectin.
Plaintiff, Erin Jones, testified that her husband, Jason Jones, requested to be treated with ivermectin prior to being placed on a ventilator.
Plaintiff, Erie Jones, testified that she is willing to execute an informed consent as well as a release and waiver, to the Defendant in regard to Jason Jones' treatment with ivermectin.

CONCLUSIONS OF LAW

1. Under Texas law, to determine whether the remedy of injunctive relief is warranted, Courts consider several factors.

2. There is sufficient evidence that Jason Jones' medical condition and health continues to decline as he has been on a ventilator, in a medically induced coma for 30 days, and imminent harm and irreparable injury in this matter will include death which by its nature is an irreparable loss.

3. Plaintiff has no adequate remedy at law, and Plaintiff has demonstrated a likelihood of success and a balance of equities favors the granting of injunctive relief in order to preserve the life of Jason Jones.

4. The Court takes judicial notice that the Centers for Medicare and Medicaid Services in 2020 waived requirements under 42 CFR §482.22(a)(l)-(4) for Texas Hospitals regarding the credentialing and privileging process due to covid-19. Further, the Centers for Medicare and Medicaid Services reaffirmed said waiver in May, 2021, allowing new physicians to be able to practice in a hospital before being credentialed and granted privileges. Pursuant to said waiver, no Federal or State would be violated by allowing Dr. Bowden to administer ivermectin to Jason Jones.

5. Furthermore, no Federal or State law would be violated as Medicaid and/or Medicare does not apply to Jason Jones. Jason Jones' private medical insurance is covering his hospitalization and medical costs, and no claim for reimbursement would be made to Texas or the Federal Government.

6. The Court takes judicial notice of the Texas Health and Safety Code, Chapter 489 "Access to Investigational Treatments for Patients with Terminal Illnesses". This law confirms the right ofterminal patients to use an investigational drug, such as ivermectin.

7. Texas Health and Safety Code §489.052 further incorporates the doctrine of informed consent; in this case, Erin Jones, may provide informed consent on the patient's behalf.

8. Texas Health and Safety Code §489.054 and §489.151 further grants immunity to the hospital, physicians and providers "for any harm done to the patient resulting from the investigation drug".

9. The Court takes judicial notice of the Texas Health and Safety Code, Chapter 313 "Consent to Medical Treatment Act". §313.002 allows for a Surrogate decision-maker to consent to medical treatment on behalf of an incapacitated person. §313.004(1) specifically states "the patient's spouse" may consent to medical treatment on behalf of the patient; in this case, Erin Jones, may consent to medical treatment on behalf of her husband Jason Jones.

10. Further, the Texas Health and Safety Code §313.007 limits liability for hospitals, physicians and staff for the medical treatment consented to under this chapter.

11. The Court takes judicial notice of the Texas Civil Practice & Remedies Code, Chapter 74, §155 "Liability of Physicians, Health Care Providers, and First Responders during Pandemic". Effective June 14, 2021, the Texas Legislature has conveyed immunity to the hospitals and physicians treating patients suffering from a pandemic disease.

12. Pursuant to Texas Civil Practice & Remedies Code, §74.155, Defendants hereunder are "not liable for an injury, or death arising from care, treatment, or failure to provide care or treatment relating to or impacted by a pandemic disease".
Having found that Plaintiff met its burden for a Preliminary Injunction,

IT IS HEREBY:

ORDERED, that pending further order of this Court, the Defendants, their agents, and assigns, and any third parties acting on its behalf, upon receipt ofthis Order, shall grant Dr. Mary Talley Bowden, M.D. and/or her nurse working under her authority, temporary emergency privileges, which shall not be unreasonably delayed or denied, solely to administer Ivermectin to Jason Jones, pursuant to the order and the attached Prescription of Dr. Bowden; and it is further

ORDERED, that Dr. Bowden and/or her nurse working under her authority, is limited solely to the ivermectin portion of her prescription, which shall consist of crushing the ivermectin pills and flushing them into the feeding tube of Jason Jones; and it is further

ORDERED, that Dr. Bowden and/or her nurse working under her authority, is granted access in the ICU at Texas Health Huguley Hospital to Jason Jones for the sole purpose of administering ivermectin to Jason Jones, and shall further provide notice to the Hospital of when she shall be administering the ivermectin to Jason Jones; and it is further

ORDERED, that Defendants, Texas Health Huguley, Inc., d/b/a Texas Health Huguley Hospital Ft. Worth South, and Dr. Jason A. Sieden, are not required to administer ivermectin to Jason Jones nor are they required to provide the medication for Dr. Bowden; and it is further

ORDERED, upon the completion of the administration of ivermectin to Jason Jones, Dr. Bowden and/or her nurse working under her authority, shall leave the hospital and that all other matters concerning Jason Jones will be under the control and authority ofthe Defendants; and it is further

ORDERED, that Dr. Bowden shall be available to consult with Jason Jones' hospital physicians regarding treatment of any adverse reaction to the ivermectin; and it is further

ORDERED, that in the event Jason Jones develops a serious adverse reaction to the ivermectin, the Hospital by and through their Physicians, can make the decision to discontinue the use ofivermectin;

At the hearing, Plaintiff agreed, on the record, to release Defendants, Defendants' employees, agents, officers, physicians, nurses, executors, assigns, or any third party acting on Defendants' behalf of any and all liability related to Mr. Jason Jones and the administration of ivermectin by Dr. Bowden:

Plaintiffs counsel drafted a proposed release, releasing Defendants, Defendants' employees, agents, officers, physicians, nurses, executors, assigns, or any third party acting on Defendants' behalf of any and all liability related to Mr. Jason Jones and the administration of ivermectin by Dr. Bowden. IT IS THEREFORE ORDERED that Plaintiff shall execute and deliver said release to Defendants prior to the administration ofthe ivermectin by Dr. Bowden.

ORDERED, that Plaintiff shall pay a cash bond in the amount of $1.00 to the Clerk of the Court by November 2, 2021, in connection with the above injunctive order; it is further ORDERED, that all parties shall appear before the Honorable Kimberly L. Fitzpatrick on the_Oo_dayof U~.:U~,~ ,202-·Dnl,,<~1t 1t'))_.•Q?0 ~/tJi,Rt. forTrialandHearingona

Permanent Injunction.

Signed on November~, 2021.

Added Context

Most patients don’t seek advice from physicians outside the hospital system in which they’re staying. However, while hospitals require physicians to have privileges to write orders for inpatients, there is nothing prohibiting a licensed physician from consulting on a case at the request of the patient or the patient’s legal proxy and lending an opinion. Further, according to the IRS, “A section 501(c)(3) organization must not be organized or operated for the benefit of private interests, such as the creator or the creator's family, shareholders of the organization, other designated individuals, or persons controlled directly or indirectly by such private interests.”

Texas Huguley Hospital, by obstructing and retaliating against me in my involvement with Jason Jones and telling Jason Jones’ wife he could not be transferred to another hospital, violated the private benefit law of non-profits. Its actions unfairly gave physicians within its system an advantage by blocking Mr. Jones from getting treatment outside of their hospital.

For more information on my fight, please read Holly Hansen’s article from The Texan and Emily Miller’s most recent article on the matter. She has also done a wonderful job of detailing the long saga of Jason Jones’ illness that sadly ultimately ended in his demise. I plan on taking this case as far as it can go, not only to defend myself, but also to shed light on the corruption going on with the involved hospitals and the Texas Medical Board. If you would like to support my fight, please subscribe to my Substack account, follow and subscribe to my Twitter account, or donate through GiveSendGo. Thank you for all of you who have supported me the last 3 years. We still have a lot of work to do, but I’m not giving up!