Texas House Bill 3749—also referred to as “Jenifer’s Law”—has officially passed both chambers of the Texas Legislature and is now headed to the governor’s desk for signature. This revised legislation represents a significant move toward enhancing the regulation and safety of elective intravenous (IV) therapy in Texas, especially in non-hospital and wellness-based care settings like medspas.
The Tragedy That Sparked Change
The bill is named in honor of Jenifer Cleveland, a 47-year-old woman who tragically passed away in 2023 after receiving an elective IV therapy infusion at a medspa in Wortham, Texas. Her death, which drew considerable attention from media and lawmakers, exposed gaps in oversight for elective wellness treatments provided outside of traditional medical environments.
The legislation was introduced to prevent future harm by ensuring that IV therapy is performed only under medically appropriate conditions, with proper supervision and credentialing of staff.
What Does HB 3749 Actually Regulate?
Initially, the bill included broader language that would have impacted the entire medical spa industry, potentially placing new limits on services, providers, and practice models. However, the final version of the bill now focuses exclusively on elective IV therapy, removing language that could have limited nurse practitioners (NPs), physician assistants (PAs), or aesthetic providers more generally.
Here’s what the revised HB 3749 mandates:
1. IV Therapy Is Officially Designated a Medical Treatment
This is one of the most significant shifts. Elective IV therapy—whether for hydration, vitamins, detox, or wellness—is now classified under the umbrella of “medical treatment.” This designation means that a qualified healthcare professional must evaluate the patient before treatment is administered.
2. Assessments Must Be Conducted by a Licensed Professional
Under the bill, patients must receive a medical assessment by a:
- Physician (MD/DO),
- Nurse Practitioner (NP), or
- Physician Assistant (PA)
This assessment must occur prior to the IV therapy session. This rule applies even if the treatment is wellness-focused or marketed as a non-invasive service.
3. Only Qualified Professionals Can Administer Therapy
IV therapy can only be administered by:
- Registered Nurses (RNs),
- Advanced Practice Registered Nurses (APRNs), or
- Physician Assistants (PAs)
These professionals must be working under appropriate physician supervision or delegation, depending on the nature of their license and Texas scope of practice rules.
4. No Unlicensed Staff or Technicians
Perhaps the most impactful provision: unlicensed staff or technicians may not administer elective IV infusions under any circumstance, regardless of their experience. This change is designed to ensure that only clinically trained personnel with licensure and accountability are involved in this level of care.
How This Impacts Medspas and Wellness Clinics
For medical spas, hydration lounges, and wellness centers that offer IV therapy as part of their treatment menu, the bill introduces important operational changes. Key implications include:
- More stringent staffing protocols: Practices must confirm that only RNs, PAs, or NPs are administering IV therapy—and must ensure a proper supervisory relationship is in place with a licensed physician.
- Pre-treatment assessments are now required: This could change scheduling flows and reduce the volume of walk-in or same-day IV clients without prior evaluations.
- Marketing and positioning must reflect the medical nature of IV therapy: While IV lounges have often marketed themselves as lifestyle businesses, they now must acknowledge the medical oversight required for these services.
- Compliance procedures need to be updated: Clinics will need to document supervisory arrangements, assessment records, and adherence to the state’s guidelines to remain compliant.
Patient Safety at the Forefront
Ultimately, the revised HB 3749 is focused on protecting patient health and improving the quality of care delivered in elective IV therapy environments. By clarifying who can evaluate and treat patients, the bill aims to reduce the risk of medical complications, misadministration, or delays in response to adverse reactions.
This does not mean IV therapy must be eliminated from wellness practices—but rather that it must be offered within a proper clinical structure, led by licensed and supervised professionals.
Final Thoughts
Texas House Bill 3749 reflects a growing national trend: wellness and elective services must be delivered with the same medical rigor and oversight as traditional clinical care. As IV therapy, red light treatments, and detox services become more popular, states are beginning to draw clearer lines between wellness branding and medical responsibility.
Practices that embrace this change early and update their compliance systems will be better positioned to succeed in an increasingly regulated and safety-conscious environment.
Source:
American Med Spa Association (AmSpa) – June 2025 Legislative Update.
