Jenifer's Law (H.B. 3749) Explained: What Texas's Elective IV Therapy Law Says

Texas H.B. 3749 regulates "the provision of elective intravenous therapy."^[1] This guide walks through what the final (enrolled) bill text says, in plain English, and flags the questions it does not answer.^[1] Whether the law reaches a particular business depends on the definition of "elective intravenous therapy," including its list of excluded settings, covered below.^[1]

What is Jenifer's Law?

H.B. 3749 states that it "shall be known as Jenifer's Law."^[1] It relates to "the regulation of the provision of elective intravenous therapy."^[1] It adds a new Chapter 172, "Provision of Elective Intravenous Therapy," to the Texas Occupations Code.^[1]

Is Jenifer's Law in effect?

Yes. The Legislature's official actions log for H.B. 3749 records that it was "Signed by the Governor" on June 20, 2025.^[2] The same log lists the bill's last action as "Effective on 9/1/25."^[2] That matches the bill's own text, which provides that "This Act takes effect September 1, 2025."^[1]

The House passed the bill on May 16, 2025 (117 yeas, 2 nays), and the Senate passed it on May 27, 2025 (31 yeas, 0 nays).^[1],[2]

What the sponsors said about why the bill was filed

The Senate Research Center published an analysis that includes the author's and sponsor's statement of intent.^[3] That analysis describes an earlier (engrossed) version of the bill, so we use it only for background and for its descriptions of statutes the bill cross-references, always attributed to the analysis and never treated as the final text.^[3]

According to that statement, more patients are receiving elective IV therapy, often in "quasi-medical settings, often referred to as med spas."^[3] The statement cites a KCEN report that in July 2023 a patient died after receiving IV therapy at a med spa in Wortham, Texas.^[3] The stated goal was to provide for physician delegation of prescribing, ordering or administering elective IV therapy to certain professionals "acting under adequate physician supervision."^[3]

What counts as "elective intravenous therapy"?

The law defines elective IV therapy as a procedure that meets three conditions.^[1]

1. It administers "fluids, nutrients, medications, or blood directly into a patient's bloodstream through a vein."^[1]
2. The patient seeks it "to alleviate symptoms of temporary discomfort or improve temporary wellness."^[1]
3. It is not administered in a physician's office, a health facility licensed under Subtitle B, Title 4 of the Health and Safety Code, a mental hospital licensed under Chapter 577 of the Health and Safety Code, or a hospital maintained or operated by the state.^[1]

The enrolled text does not name any business type, such as med spas or mobile IV services.^[1] The text does not define the excluded settings, such as "physician's office," so whether a particular location (for example, a med spa or a mobile service) falls within one of them is a question for a Texas healthcare attorney.^[1]

Who can a physician delegate prescribing or ordering of elective IV therapy to?

A physician may delegate prescribing or ordering elective IV therapy to two groups:

• a physician assistant acting under adequate physician supervision^[1]
• an advanced practice registered nurse (APRN) acting under adequate physician supervision^[1]

Registered nurses are not on the list for prescribing or ordering.^[1] For definitions, an APRN has the meaning in Occupations Code Section 301.152, and a physician assistant is a person licensed under Chapter 204.^[1],[1]

Who can a physician delegate administering elective IV therapy to?

A physician may delegate "the act of administering elective intravenous therapy" to three groups, each "acting under adequate physician supervision":

• a physician assistant^[1]
• an APRN^[1]
• a registered nurse^[1]

The law defines a registered nurse as a person licensed by the Texas Board of Nursing to practice professional nursing.^[1]

The enrolled text does not mention licensed vocational nurses (LVNs), paramedics, medical assistants or other staff.^[1] It neither lists them nor expressly addresses them.^[1] The law uses the word "administering" and does not break that act into steps, such as placing the line versus monitoring the drip.^[1] If your staffing involves anyone other than a PA, APRN or RN in administering IV therapy, raise it with your medical director and a Texas healthcare attorney.

What does "adequate physician supervision" mean?

Every delegation in the law requires "adequate physician supervision."^[1],[1] The enrolled text does not define the phrase; its definitions section covers only four terms (APRN, elective intravenous therapy, physician assistant and registered nurse).^[1] Chapter 172 itself does not say whether the physician must be on site, examine the patient, review charts, or be reachable by phone.^[1]

That is not the whole picture. For prescribing and ordering, the law makes the physician's delegation authority "subject to Subchapter B, Chapter 157" of the Occupations Code.^[1] The sources reviewed for this article do not describe what Subchapter B requires. A Texas healthcare attorney can tell you what it requires for your arrangement.

How does this affect prescriptive authority agreements?

Two provisions tie Jenifer's Law to Chapter 157 of the Occupations Code.^[1],[1] The Senate Research Center analysis of the earlier version describes Chapter 157 as covering the "Authority of Physician to Delegate Certain Medical Acts," and Subchapter B as covering "Delegation to Advanced Practice Registered Nurses and Physician Assistants."^[3]

• A physician's authority to delegate prescribing or ordering elective IV therapy is subject to Subchapter B, Chapter 157.^[1]
• A prescriptive authority agreement relating to elective IV therapy counts toward the maximum number of agreements allowed under Section 157.0512(c), and the exception in Section 157.0512(d) does not apply to these agreements.^[1]

The enrolled bill does not state the number.^[1] The Senate Research Center analysis describes Section 157.0512(c) as allowing a physician to enter into prescriptive authority agreements with "a maximum of seven advanced practice registered nurses and physician assistants."^[3] The same analysis describes the Section 157.0512(d) exception as relating to practices serving a medically underserved population or certain facility-based hospital practices.^[3] Because the analysis covers an earlier version and summarizes another statute, confirm the current cap and exception with counsel.

Does it apply to delegations set up before September 1, 2025?

Yes. The changes apply to medical acts performed on or after the effective date under a physician's delegation, regardless of how the delegation is made and whether it was made before, on or after the effective date.^[1] A delegation set up before September 1, 2025 is therefore not exempt for acts performed on or after that date.^[1],[1]

What the law does not say

The enrolled text of Chapter 172 does not address penalties, enforcement, mobile IV services, LVNs, required patient assessments, or what supervision looks like day to day.^[1] The enrolled text also contains no grant of rulemaking authority to any agency.^[1] The Senate Research Center analysis of the earlier version likewise states that the bill "does not expressly grant any additional rulemaking authority to a state officer, institution, or agency."^[3] Prescribing and ordering delegation is also subject to Chapter 157, Subchapter B, which this article does not cover and which may be relevant.^[1] For your specific situation, consult a Texas healthcare attorney and your medical director.