Addressing the Texas Medical Association’s safety concerns around elective IV therapy, new state legislation that went into effect Sept. 1 establishes higher standards for who can administer such therapy while clarifying physician oversight.
“We need to really focus on people that are delivering infusions. They need to have at least some type of health care experience,” said TMA Immediate Past President G. Ray Callas, MD, who advocated for this legislation as TMA’s president during much of the 2025 regular session. “It shouldn’t be that somebody can do it just because they think they can do it. We don’t think that’s appropriate by any means.”
House Bill 3749 defines elective IV therapy as “sought by the patient to alleviate symptoms of temporary discomfort or improve temporary wellness.” One example would be an IV lounge customer who purchases an infusion marketed as providing hangover recovery.
The bill’s language reflects it was written to address settings such as “med spas” and “IV lounges,” and accordingly does not extend to physicians’ offices or hospitals.
In those quasi-medical settings, HB 3749, introduced by Rep. Angelia Orr (R-Itasca), states physicians may only delegate elective IV therapy administration to a registered nurse, advanced practice registered nurse, or physician assistant, each of which must also be acting under physician supervision.
These clear requirements may give the Texas Medical Board (TMB), which has previously released guidance that elective IV therapy is the practice of medicine, a more concrete tool for enforcement.
“The Board anticipates that this legislation will enhance accountability among businesses providing elective IV therapy and ultimately improve patient outcomes,” said Taurie Sloan, TMB director of Government Affairs & Communications.
Zeke Silva, MD, chair of TMA’s Council on Legislation, told Texas Medicine Today concern for patient safety motivated TMA to support the legislation.
Dr. Silva noted the importance of physicians providing proper oversight for any IV administration, as TMA made clear in testimony it constitutes “an invasive medical act.”
“[Oversight is] for both during the procedure and afterwards, in a way that makes sure that the experts in the field, the doctors, are the ones that are guiding that therapy and helping with decision-making,” he said.
HB 3749 is also known as “Jenifer’s Law,” named for a constituent of Representative Orr’s who died in 2023 following an IV therapy treatment at a med spa.
“This will hopefully help prevent future tragic incidents like the one suffered by [her] constituent,” Dr. Silva said in his testimony supporting the bill.
Read more about TMA’s legislative wins and review its recent comment letters.
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Phil West
Associate Editor
(512) 370-1394
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Phil West is a writer and editor whose publications include the Los Angeles Times, Seattle Times, Austin American-Statesman, and San Antonio Express-News. He earned a BA in journalism from the University of Washington and an MFA from the University of Texas at Austin’s James A. Michener Center for Writers. He lives in Austin with his wife, children, and a trio of free-spirited dogs.