A previous version of this bill included far broader restrictions that would have applied to the entirety of the Texas medical aesthetics industry. The scope of the bill was narrowed to only target elective IV therapy prior to its passage in the House of Representatives.
A new piece of legislation in Texas—House Bill 3749, also known as Jenifer’s Law—is poised to reshape the regulation of elective intravenous (IV) therapy, a fast-growing segment of wellness care. As elective IV therapy becomes more common in medspas, mobile clinics, and wellness lounges, lawmakers are stepping in to clarify who can legally administer these treatments and under what supervision.
The bill has already passed the Texas House and is scheduled for a public hearing in the Senate Health and Human Services Committee on Tuesday, May 21, 2025. But while the bill aims to enhance safety and oversight, it comes with a controversial catch: it would prohibit paramedics and EMTs from administering elective IV therapy—a move that’s generating concern across the industry.
What Does HB 3749 Do?
HB 3749 defines and regulates elective IV therapy. It notably excludes traditional healthcare facilities like hospitals, mental health facilities, and physician offices from the definition.
- Definition of Elective IV Therapy: The bill defines elective IV therapy as procedures that administer fluids, nutrients, medications, or blood directly into a patient’s bloodstream through a vein. These procedures are sought by patients to alleviate symptoms of temporary discomfort or to improve temporary wellness. Notably, the definition excludes therapies administered in traditional medical facilities such as physician’s offices, licensed health facilities, mental hospitals, or state-operated hospitals.
- Delegation of Authority: Physicians are permitted to delegate the act of prescribing or ordering elective IV therapy to physician assistants or advanced practice registered nurses (APRNs), provided there is adequate physician supervision. Similarly, the administration of such therapies can be delegated to physician assistants, APRNs, or registered nurses under appropriate supervision.
- Prescriptive Authority Agreements: The bill stipulates that any prescriptive authority agreement related to elective IV therapy counts toward the maximum number of such agreements a physician may have, as specified in existing regulations. Exceptions that apply to other types of prescriptive authority agreements do not apply in the context of elective IV therapy.
The Problem: Excluding Paramedics and EMTs
While the bill may clarify the legal landscape, it also removes the ability of trained paramedics and EMTs to administer IV therapy in elective settings—a significant shift with real-world consequences.
Why this matters:
- Paramedics and EMTs are highly skilled in IV administration, trained to perform these procedures in high-pressure, emergency situations.
- Many mobile IV businesses rely on these professionals to deliver safe, convenient therapy to clients in homes, hotels, and offices.
- Excluding EMTs and paramedics may limit access to care, especially in rural or underserved areas where RNs and APRNs may not be readily available.
For many mobile IV providers and wellness business owners, this bill could be a major operational and financial disruption—not due to a lack of safety or training, but because of a legislative shift in who is considered qualified under the law.
What’s Next?
HB 3749 will be heard by the Senate Health & Human Services Committee on May 21, 2025. This is a critical window for stakeholders to make their voices heard.
What you can do:
- Attend or submit testimony to the Senate committee if you operate in this space or are affected by the bill.
- Contact your state senator to express how this change would impact your business, your profession, or patient access to safe care.
- Follow the bill’s progress closely, especially if you’re in the IV therapy or medspa industry.
Final Thoughts
HB 3749 reflects the state’s effort to bring structure and accountability to the booming IV therapy industry. However, the exclusion of qualified EMTs and paramedics—who have long played a vital role in the safe administration of IV therapy—raises important questions about access, safety, and fairness.
As Texas moves to regulate this growing field, it’s essential that legislation protects both patients and providers, without unnecessarily sidelining trained professionals or limiting access to care.
Need help navigating IV therapy regulations in Texas or structuring your wellness practice for compliance? Contact us at Lengea Law—we help healthcare and medspa entrepreneurs stay compliant and thrive.