Relating to the regulation of the provision of elective intravenous therapy, the official text

H.B. No. 3749

AN ACT

relating to the regulation of the provision of elective intravenous

therapy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as Jenifer's Law.

SECTION 2. Subtitle B, Title 3, Occupations Code, is

amended by adding Chapter 172 to read as follows:

CHAPTER 172. PROVISION OF ELECTIVE INTRAVENOUS THERAPY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 172.001. DEFINITIONS. In this chapter:

(1) "Advanced practice registered nurse" has the

meaning assigned by Section 301.152.

(2) "Elective intravenous therapy" means a procedure:

(A) to administer fluids, nutrients,

medications, or blood directly into a patient's bloodstream through

a vein;

(B) that is sought by the patient to alleviate

symptoms of temporary discomfort or improve temporary wellness; and

(C) that is not administered in:

(i) a physician's office;

(ii) a health facility licensed under

Subtitle B, Title 4, Health and Safety Code;

(iii) a mental hospital licensed under

Chapter 577, Health and Safety Code; or

(iv) a hospital maintained or operated by

this state.

(3) "Physician assistant" means a person who holds a

license issued under Chapter 204.

(4) "Registered nurse" means a person licensed by the

Texas Board of Nursing to practice professional nursing.

SUBCHAPTER B. ELECTIVE INTRAVENOUS THERAPY

Sec. 172.051. DELEGATION OF PRESCRIBING OR ORDERING

ELECTIVE INTRAVENOUS THERAPY. (a) A physician may delegate the act

of prescribing or ordering elective intravenous therapy to:

(1) a physician assistant acting under adequate

physician supervision; or

(2) an advanced practice registered nurse acting under

adequate physician supervision.

(b) A physician may delegate the act of administering

elective intravenous therapy to:

(1) a physician assistant acting under adequate

physician supervision;

(2) an advanced practice registered nurse acting under

adequate physician supervision; or

(3) a registered nurse acting under adequate physician

supervision.

(c) A physician's authority to delegate the act of

prescribing or ordering elective intravenous therapy is subject to

Subchapter B, Chapter 157.

(d) A prescriptive authority agreement relating to elective

intravenous therapy is included in the maximum number of

prescriptive authority agreements authorized under Section

157.0512(c). The exception provided in Section 157.0512(d) does

not apply to a prescriptive authority agreement relating to

elective intravenous therapy.

SECTION 3. The changes in law made by this Act apply to the

performance of a medical act on or after the effective date of this

Act under a physician's delegation, regardless of:

(1) the manner in which the delegation is made; and

(2) whether the delegation is made before, on, or

after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 3749 was passed by the House on May

16, 2025, by the following vote: Yeas 117, Nays 2, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 3749 was passed by the Senate on May

27, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor