Bill Text: TX HB3749 | 2025-2026 | 89th Legislature | Enrolled

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Bill Title: Relating to the regulation of the provision of elective intravenous therapy.

Sponsorship: Moderate Partisan Bill (Republican 19-5)

Status: (Passed) 2025-06-20 - Effective on 9/1/25 [HB3749 Detail]

Download: Texas-2025-HB3749-Enrolled.html

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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