Texas: criminal charges in the Jenifer's Law med spa death case

Key facts:

• In April 2026, felony charges were filed against the former owner and former medical director of a Texas med spa over a 2023 IV therapy death.
• The case is the one behind Texas HB 3749 (Jenifer's Law), effective September 1, 2025.
• The Texas Medical Board found the medical director failed to supervise an unlicensed owner who made treatment decisions.
• In Texas, only physicians, PAs, or APRNs can prescribe or order elective IV therapy, and only physicians, PAs, APRNs, or RNs can administer it, under physician supervision.

What happened?

On April 29 and 30, 2026, prosecutors in Freestone County, Texas filed felony charges against the former owner and former medical director of a med spa in Wortham, Texas. The charges, which include murder, manslaughter, and criminally negligent homicide, stem from the July 2023 death of a patient after an IV infusion at the spa. The case is ongoing.

How does this connect to Jenifer's Law?

The patient's death prompted HB 3749, known as Jenifer's Law, which took effect September 1, 2025 and set delegation and supervision rules for elective IV therapy. You can read the enrolled bill text on the Texas Legislature site. The criminal case is separate from the law, but it's the event that drove it.

What did the Texas Medical Board find?

In August 2024, the Texas Medical Board disciplined the medical director for failing to properly supervise the owner, who was not licensed or qualified to make treatment decisions or administer prescription medications. The board found IV therapy with prescription drugs was given without proper safety protocols, emergency procedures, or adequate on-site licensed oversight. You can see the Texas Medical Board newsroom for its disciplinary actions.

What it means for your med spa

This is the clearest possible signal that supervision is not a paperwork formality. Under current Texas rules, only a physician, PA, or APRN can prescribe or order elective IV therapy, and only a physician, PA, APRN, or RN can administer it, always under physician supervision. An unlicensed owner cannot make treatment decisions. Document your delegation chain, emergency protocols, and supervising physician involvement.

FAQs

Who can order and administer elective IV therapy in Texas?

A physician, PA, or APRN can prescribe or order it. A physician, PA, APRN, or RN can administer it, under physician supervision.

Is this the same thing as HB 3749?

No. HB 3749 (Jenifer's Law) is the statute. This is a separate criminal prosecution arising from the same 2023 death.

Fresh Clinics helps med spa owners put real supervision and documentation in place, from telehealth Good Faith Exams to medical oversight. Learn more about Fresh Clinics membership.