In the wake of a tragic and preventable death at a Texas med spa, the state has enacted sweeping new legislation aimed at enhancing patient safety and regulatory compliance in the growing elective IV therapy industry. Signed into law by Governor Greg Abbott on June 20, 2025, House Bill 3749—commonly referred to as Jenifer’s Law—goes into effect on September 1, 2025. For medical spas, IV clinics, and wellness practices across Texas, this is a critical compliance milestone that demands immediate attention.
At Lengea Law, we specialize in healthcare compliance, med spa legal structuring, and medical delegation protocols. This article breaks down what Jenifer’s Law means for your practice, how to stay compliant, and the legal risks of failing to act.
What Is Jenifer’s Law?
Jenifer’s Law is named after Jenifer Cleveland, a patient who died after receiving IV therapy at an unregulated wellness center. The law sets clear standards for supervision, prescriptive authority, and delegation in elective IV hydration services offered outside traditional healthcare settings.
Clinics offering IV therapy must comply by September 1, 2025, to avoid enforcement, fines, or liability.
Who Does It Apply To?
Any business in Texas that offers elective IV therapy, including:
- Med spas
- Wellness clinics
- Concierge IV therapy providers
- Mobile IV therapy businesses
The law does not distinguish between brick-and-mortar and mobile delivery. If you offer IV therapy, this law applies to you.
6 Key Compliance Requirements Under Jenifer’s Law
- IV Therapy Must Be Ordered by a Qualified Prescriber
A licensed physician, nurse practitioner (NP), or physician assistant (PA) must write a patient-specific order for the therapy.
- Standing orders and generic protocols are not permitted.
- IV Therapy Must Be Administered by an RN, NP, or PA
Medical assistants and unlicensed staff may not perform or assist in the administration of IV therapy. Only qualified, licensed clinicians may do so under supervision. - A Delegation & Supervision Agreement Is Required
An NP or PA administering IVs under physician supervision must operate under a written prescriptive authority agreement that:
- Is reviewed annually
- Specifies all treatment locations
- Details medications and emergency protocols
- Describes how supervision will be conducted
- Minimum On-Site Staffing Requirements
A cosmetic procedure may not be performed unless a physician is physically present at the medical spa, or at least one provider trained in Basic Life support is on-site.
- Supervision Must Be Documented and Adequate
While in-person supervision is not required, the physician must ensure protocols are in place, charts are reviewed, and patients are screened appropriately. Supervision must meet the Texas Medical Board’s standards for quality assurance. - The Supervising Physician Must Register the Agreement
A supervising physician may delegate to up to seven NPs or PAs. Each delegation agreement must be registered with the Texas Medical Board before patient services begin.
What Happens If You Don’t Comply?
Noncompliance with Jenifer’s Law could result in:
- TMB disciplinary action against the supervising physician
- Civil liability in the event of a patient harm event
- Loss of insurance contracts or coverage
- Damaging publicity and reputational harm
- Potential criminal consequences for practicing without proper supervision
Lengea Law Recommendations
We strongly encourage clinics and supervising physicians to:
- Review all IV therapy protocols now
- Ensure written delegation agreements are in place and signed by both parties
- Register agreements with the Texas Medical Board
- Train all staff on the new legal requirements
- Stop any non-compliant practices immediately
Lengea Law offers packages for IV therapy compliance, including:
- Drafting prescriptive authority and delegation agreements
- Staff training and documentation templates
- Compliance audits
Final Thoughts
Jenifer’s Law marks a major turning point in Texas med spa regulation. While it introduces added compliance requirements, its purpose is to prevent future tragedies and elevate patient care standards. As regulators focus more closely on elective procedures, particularly IV therapy and weight loss treatments, the burden is on providers to stay ahead of the curve.
Don’t wait until enforcement begins. Contact Lengea today to ensure your IV therapy offerings are fully compliant before the September 1, 2025, deadline.
Contact us: info@lengealaw.com | www.lengealaw.com
Lengea Law is a national leader in healthcare legal services, with a special focus on aesthetics, med spas, wellness clinics, and IV therapy compliance.