We did it. 

Over the past several weeks, we’ve been in ongoing discussions with the bill’s author, working collaboratively to ensure that the final language of this bill reflects not only the intent of its origin but also the lived realities and expertise of those in our industry. We’re proud to share that these conversations have led to a substitute version of HB 3749 that is significantly improved and that truly listens to the voices of those who care about both patient safety and thoughtful regulation.

The updated bill now focuses specifically on IV therapy and no longer includes cosmetic medical procedures. This is a crucial distinction that ensures the legislation targets the appropriate areas while ensuring continued  access to safe, compliant aesthetic care.

HB3749 is set for a hearing in the House this coming Monday, April 28th, and we have no objections to the updated language that will be put forth at the hearing. Furthermore, we see this moment as a true milestone that our collective concerns were not only heard, but acted upon..

This also reflects a step toward honoring the legacy of Jenifer Cleveland. We believe the revised bill provides the kind of safeguards her family has worked so hard to see enacted and puts in place measures that will help prevent future tragedies.

We’ve been given permission from the author’s office to share the updated language with you in advance of Monday’s hearing. You’ll find that language included below. Note that there may be technical changes once the revised bill has been drafted by Legislative Council, but we expect the substance to remain the same. 

To everyone who signed the petition, contacted legislators, and stood up for responsible, patient-centered care - thank you. Your advocacy helped shape this bill.

With deep appreciation,

Paulina

------------------------------

A BILL TO BE ENTITLED

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 Jennifer’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 to that term 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) "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) physician ’s authority to delegate the act of prescribing or ordering elective intravenous therapy is subject to Subchapter B, Chapter 157.

(c) 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.

(d) 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;

(3) a registered nurse acting under adequate physician supervision.

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.