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Death at Wortham med spa sparks push for new legislation

TX 400, a nonprofit made up of Texas physicians, is working to promote patient safety and wants to represent lives like Jenifer Cleveland.

WORTHAM, Texas — The death of a Central Texas woman at a medical spa in Wortham, Texas is sparking a nonprofit made up of Texas physicians to push for change.

Dr. Mary Kelly Green, the co-founder of TX 400, said the lines are blurring between what a physician can do and what non-physicians can do. She describes it as a problem that is much bigger than anyone knows and a problem that can be deadly in some cases.

Just like it was for Jenifer Cleveland of Fairfield, Texas.

"Transparency is important and that definitely ties in unfortunately with Jenifer Cleveland's passing," Green said.

Cleveland, a beloved mother of four, wife and friend, died after receiving IV treatment from Luxe Med Spa in Wortham.

According to a document obtained by 6 News from the Texas Medical Board, Cleveland received the treatment from owner Amber Johnson who was not licensed to administer the procedure. 

"She was not a nurse, she was not a doctor, she was not a physician assistant -- that should be flat out not allowed," Green said in disgust. "That should be not be allowed and so that would be sort of the the idea behind Jenifer's law."

Green is calling for new legislation to strengthen supervision, give patients transparency and hold license medical personnel accountable. She told 6 News she has the support from a state senator's office and the widower of Cleveland.

It's all to honor Jenifer Cleveland.

"We shouldn't be letting people use our medical license to order stuff, it's terrible and it's deadly," Green added. "We can tell the whole country that Texas is not going to allow this anymore."

Green said the Texas Medical Board sent a strong warning to physicians, a letter she is happy to see and that shows the state is heading in the right direction. 

She described the letter in part to 6 News: "This burgeoning practice of non sort of pseudo medical places doing pseudo medical things like IV ketamine, IV infusions are things that the medical board is now paying attention to," Green said.

The letter comes after the Texas Medical Board temporarily suspended a Frisco, Texas physician's medical license. The Board stated Michael Patrick Gallagher was the medical director at Luxe Med Spa in Wortham and allowed an unlicensed delegate, Johnson, to administer prescription drugs to Cleveland "without the establishment of a physician-patient relationship."

The order states Gallagher's actions present a "continuing threat to the public health, safety and welfare of Texas citizens."

Based on the evidence, the Texas Medical Board stated Gallagher violated multiple sections of the Medical Practice Act, which resulted in the Board temporarily suspending his medical license.

Anyone can file a complaint with the Texas Medical Board. You can do that here.

The autopsy and toxicology reports for Cleveland's death are still pending, according to the Wortham Police Chief.

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