STATE OFFICE OF ADMINISTRATIVE HEARINGS RECEIVED ON 5/15/2023 10:10 PM

FILED
503-23-17769
5/15/2023 10:10 PM
STATE OFFICE OF
ADMINISTRATIVE HEARINGS
Crystal Rosas, CLERK
ACCEPTED
503-23-17769
5/16/2023 8:18:30 am
STATE OFFICE OF
HEARING CONDUCTED BY THE ADMINISTRATIVE HEARINGS
STATE OFFICE OF ADMINISTRATIVE HEARINGS Crystal Rosas, CLERK
SOAH DOCKET NO. 503-23-17769 MD
TEXAS MEDICAL LICENSE NO. K-9770

IN THE MATTER OF § BEFORE THE STATE OFFICE

§
COMPLAINT AGAINST § OF
§
MARY TALLEY BOWDEN, M.D. §
§ ADMINSTRATIVE HEARINGS

RESPONDENT MARY TALLEY BOWDEN. M.D.’S

ORIGINAL ANSWER

TO THE HONORABLE TEXAS MEDICAL BOARD AND THE HONORABLE RACHELLE

NICOLETTE ROBLES:

COMES NOW, Mary Talley Bowden, M.D. (“Respondent”), herein, and files this her Original

Answer, and in support thereof, would show unto the Court as follows:

I. GENERAL DENIAL

1. Respondent generally denies each and every, all and singular, the factual allegations in the

Board’s Complaint, and demands strict proof thereof.

II. AFFIRMATIVE DEFENSES

2. Subject to the above and foregoing general denial, and still insisting on the same,

Respondent pleads the following:

3. Respondent specifically denies that the Board complied with all procedural rules prior to

bringing this case.

4. The Board is barred from disciplining Respondent under this Complaint pursuant to Tex.

Occ. Code § 164.004. The board failed to comply with 22 Tex. Adm. Code Part 187 by, at least, failing

to provide full notice of the allegations and facts underlying those allegations 45 days or more prior to

the informal settlement conference. A panel member testified regarding his assumptions regarding the

contents of the Medical Staff Bylaws of hospitals relevant to the board action without those bylaws being

made of record by Board Staff and served on Respondent. By doing so, the panel member impermissibly

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 added previously undisclosed evidence to the settlement conference rather than relying on the record

provided to Respondent by Board Staff. Further, the panel did not limit itself to evidence in the record

with respect to the informal settlement conference.

5. The Board is barred from disciplining Respondent pursuant to Tex. Occ. Code § 164.004

because it failed to comply with Tex. Occ. Code § 164.0032(c) during the Informal Settlement

Conference. Panel counsel stated his opinion regarding factual conclusions to be reached rather than

limiting his participation to questions clarifying testimony, advising the panel on the law, or providing

information on comparable cases. Panel counsel impermissibly added previously undisclosed opinion

evidence to the record and then met with the Panel during its closed deliberations. Both the additional

opinion evidence and Panel counsel’s subsequent participation in deliberations violate Respondents due

process rights under Texas and Federal Law.

III. ALLEGED AGGRAVATING FACTORS

6. Respondent denies the alleged aggravating factors.

7. Respondent asserts that the Board is asserting aggravating factors improperly and in

violation of Texas law and the Texas and U.S. Constitutions. The Board has no evidence of such factors

nor cited any such factors in connection with the informal settlement conference. The Board asserts such

factors solely because Respondent declined to execute a proposed agreed order that is voluntary under

applicable law.

IV. PRAYER

WHEREFORE, PREMISES CONSIDERED, Respondent Mary Talley Bowden, M.D. prays

that upon final trial and hearing that Board take nothing of and from Respondent, that this Complaint be

dismissed, and for all such other and further relief, general and special, at law and in equity, to which

Respondent may be justly entitled.

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 Respectfully submitted,

MITBY PACHOLDER JOHNSON PLLC

/s/ Steven J. Mitby

Steven J. Mitby- Lead Counsel
State Bar No. 24037123
Federal Bar No. 33581
Michael K. Barnhart
State Bar No. 24040472
Federal Bar No. 606340
1001 McKinney St., Ste. 925
Houston, TX 77002
mbarnhart@mitbylaw.com
smitby@mitbylaw.com
glitke@mitbylaw.com
(Respondent’s Counsel)

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing instrument has been
forwarded to all counsel of record via electronic service on this, the 15th day of May 2023.

/s/ Michael Barnhart

Michael Barnhart

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 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Geoff Litke on behalf of Steven John Mitby

Bar No. 24037123
glitke@mitbylaw.com
Envelope ID: 75662391
Filing Code Description: Original Answer
Filing Description: Respondent's Original Answer
Status as of 5/16/2023 8:21 AM CST

Associated Case Party: Texas Medical Board

Name BarNumber Email TimestampSubmitted Status

Kemisha Williams kemisha.williams@tmb.state.tx.us 5/15/2023 10:10:24 PM SENT

Amy Swanholm amy.swanholm@tmb.state.tx.us 5/15/2023 10:10:24 PM SENT

Associated Case Party: MaryTalleyBowden

Name BarNumber Email TimestampSubmitted Status

Michael Keith Barnhart 24040472 mbarnhart@mitbylaw.com 5/15/2023 10:10:24 PM SENT

Steven John Mitby 24037123 smitby@mitbylaw.com 5/15/2023 10:10:24 PM SENT

Joyce Dolan jdolan@mitbylaw.com 5/15/2023 10:10:24 PM SENT

Geoff Litke glitke@mitbylaw.com 5/15/2023 10:10:24 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Robin Etheridge robin.etheridge@tmb.state.tx.us 5/15/2023 10:10:24 PM SENT

Christine Rodriguez christine.rodriguez@tmb.state.tx.us 5/15/2023 10:10:24 PM SENT

Lindsey Kanbe lindsey.kanbe@tmb.state.tx.us 5/15/2023 10:10:24 PM SENT

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