TEXAS, USA — The head of the Texas Medical Board (TMB) spoke with 6 News for the first time since the death of Jenifer Cleveland following an IV treatment at the Luxe Med Spa in Wortham in July.
In an exclusive interview, Doctor Sherif Zaafran explained why the spa's medical director was temporarily suspended and the red flags any patient needs to watch for as the number of med spas grows across the state.
It's been nearly a month since Dr. Michael Gallagher's license was temporarily suspended by the Texas Medical Board.
Temporary suspension is one of the most severe sanctions the board can issue and it's rare.
In 2020, the most recent statistics, the Texas Medical Board received 8,927 complaints and only 30 temporary suspensions were issued.
"If somebody's just checking boxes of what they want and nobody's questioning that, that's the biggest red flag right there," said Dr. Zaafran.
Jenifer Cleveland's death and the temporary suspension of Dr. Gallagher, the medical director of Luxe Med Spa, coupled with the proliferation of Med Spas and an emerging medical aesthetic business model, motivated a message to Texas medical providers by Dr. Zaafran in the October 2023 TMB bulletin.
In part it reads, "I have heard concerns and questions from colleagues in the medical community about the prolific emergence of new, different forms of medical service business models... Examples of these models include facilities offering injections such as Botox, or intravenous (IV) vitamin therapy, hydration therapy, Ketamine, Toradol, Zofran, IV fluids such as saline, and other similar services."
"Despite some of the more innocuous language frequently associated with them such as 'immunity boosting, Hangover fix or Beautify,' at its core, the use of IV therapy or giving an injection is an invasive medical procedure or treatment," Dr. Zaafran says in the memo.
The memo concludes by saying, "Remember, physicians are ultimately responsible for the quality of care and treatment provided to their patients by their delegates."
"So, if somebody is a medical director like Dr. Gallagher was, then there are responsibilities that he or she has to maintain," Dr. Zaafran told 6 News. "And that can not be abdicated. That was a concern that we had, especially with Dr. Gallagher's practice in that all the rules around establishing a physician-patient relationship, prescribing and treating were not met by him and that's why we issued a temporary suspension hearing," said Dr. Zaafran.
The American Med Spa Association reports medical aesthetics is a $15 billion industry across the country and is projected to hit $25 billion by 2025.
Dr. Zaafran warns while many of the procedures offered have become normalized, they are still medical procedures and must have oversight.
"No matter how much you see it proliferated out there, these are potentially dangerous things and you want to make sure the appropriate people are the ones who are over seeing it, prescribing it and treating it," said Dr. Zaafran.
Texans can go to the Texas Medical Board website and click the "Public" tab to search a doctor's history, file a complaint, verify if the person administering treatment also has prescriptive authority.
And if not...
"It's always safer to just stop and don't do anything and ask those questions and come back later if necessary," said Dr. Zaafran.
The Texas Medical Board meets again in December and 6 News will continue to follow any new developments in Dr. Gallagher's temporary suspension case.
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