AUSTIN, Texas — Editor's note: The related vide was published in October 2019.
An Austin physician charged with possession of child pornography earlier this month has now sued the Texas Medical Board after his license was temporarily suspended.
David Butler, 63, was arrested on April 15 after a nearly two-year investigation. Detectives said they discovered child pornography on a thumb drive seized in a search warrant in March 2019. The investigation began in July 2018 when an ex-girlfriend of Butler's accused him of possessing "a lot" of child pornography on his cell phone, iPad and personal computer.
After his arrest, the Texas Medical Board announced his temporary suspension on April 20, saying a temporary hearing with notice would be held as soon as practicable unless Butler decided to waive the hearing.
According to the suit, filed on April 27, Butler is now applying for both temporary and permanent injunctive relief from the board's order. He claims the order was enforced because he was not able to present his defense at the temporary suspension hearing.
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The suit states the board posted a notice of an open meeting at 1 a.m. on April 20 on the Texas Register's website calling to order a hearing without notice against Butler at 11 a.m. that same morning. The suit claims the hearing was convened by telephone and denied Butler's participation, including the opportunity to make an appearance and provide statements or evidence.
The suit also states Butler's counsel was only allowed three minutes to address process and procedure objections only. It claims the state board also refused him the notice of hearing, application or evidence entered into the record.
In October 2019, Butler's license was also suspended after the board said it discovered evidence he was engaged in inappropriate sexual behavior with multiple patients and inappropriately prescribed controlled substances. However, he got his license back in December and was allowed to see male patients only.
KVUE has reached out to the Texas Medical Board for a statement. This story will be updated if received.
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