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AN ACT
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relating to the regulation of the provision of elective intravenous |
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therapy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as Jenifer's Law. |
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SECTION 2. Subtitle B, Title 3, Occupations Code, is |
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amended by adding Chapter 172 to read as follows: |
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CHAPTER 172. PROVISION OF ELECTIVE INTRAVENOUS THERAPY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 172.001. DEFINITIONS. In this chapter: |
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(1) "Advanced practice registered nurse" has the |
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meaning assigned by Section 301.152. |
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(2) "Elective intravenous therapy" means a procedure: |
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(A) to administer fluids, nutrients, |
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medications, or blood directly into a patient's bloodstream through |
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a vein; |
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(B) that is sought by the patient to alleviate |
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symptoms of temporary discomfort or improve temporary wellness; and |
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(C) that is not administered in: |
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(i) a physician's office; |
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(ii) a health facility licensed under |
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Subtitle B, Title 4, Health and Safety Code; |
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(iii) a mental hospital licensed under |
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Chapter 577, Health and Safety Code; or |
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(iv) a hospital maintained or operated by |
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this state. |
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(3) "Physician assistant" means a person who holds a |
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license issued under Chapter 204. |
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(4) "Registered nurse" means a person licensed by the |
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Texas Board of Nursing to practice professional nursing. |
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SUBCHAPTER B. ELECTIVE INTRAVENOUS THERAPY |
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Sec. 172.051. DELEGATION OF PRESCRIBING OR ORDERING |
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ELECTIVE INTRAVENOUS THERAPY. (a) A physician may delegate the act |
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of prescribing or ordering elective intravenous therapy to: |
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(1) a physician assistant acting under adequate |
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physician supervision; or |
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(2) an advanced practice registered nurse acting under |
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adequate physician supervision. |
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(b) A physician may delegate the act of administering |
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elective intravenous therapy to: |
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(1) a physician assistant acting under adequate |
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physician supervision; |
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(2) an advanced practice registered nurse acting under |
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adequate physician supervision; or |
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(3) a registered nurse acting under adequate physician |
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supervision. |
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(c) A physician's authority to delegate the act of |
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prescribing or ordering elective intravenous therapy is subject to |
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Subchapter B, Chapter 157. |
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(d) A prescriptive authority agreement relating to elective |
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intravenous therapy is included in the maximum number of |
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prescriptive authority agreements authorized under Section |
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157.0512(c). The exception provided in Section 157.0512(d) does |
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not apply to a prescriptive authority agreement relating to |
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elective intravenous therapy. |
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SECTION 3. The changes in law made by this Act apply to the |
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performance of a medical act on or after the effective date of this |
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Act under a physician's delegation, regardless of: |
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(1) the manner in which the delegation is made; and |
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(2) whether the delegation is made before, on, or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3749 was passed by the House on May |
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16, 2025, by the following vote: Yeas 117, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3749 was passed by the Senate on May |
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27, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |