Amend CSSB 104 as follows:                                                   
	(1) Between SECTIONS 17 and 18 of the bill (house committee 
printing, page 11, between lines 12 and 13) insert the following 
SECTION, appropriately numbered:
	SECTION _____. Chapter 160, Occupations Code, is amended by 
adding Subchapter D to read as follows:
	SUBCHAPTER D. REQUIREMENTS RELATING TO HOSPITALS                        
	Sec. 160.151. REPORT FROM HOSPITAL. A hospital shall submit 
to the board a report regarding any medical error of which the 
hospital is aware that is committed:
		(1) by a physician who has practice privileges at the 
hospital; and  
		(2) in the course of the physician's practice at the 
hospital.       
	Sec. 160.152. RULES. The board, with the cooperation of the 
Texas Department of Health, shall adopt rules specifying:
		(1) the manner in which medical errors are required to 
be reported; and
		(2) the types of medical errors that are required to be 
reported, including:
			(A) a medication error resulting in the 
unanticipated death of a patient, or a major, permanent loss of a 
bodily function of a patient, if the death or loss of bodily 
function is unrelated to the natural course of the illness or 
underlying condition of the patient;
			(B) a medical error resulting in a perinatal death 
of an infant having a birth weight greater than 2,500 grams, if the 
death is unrelated to a congenital condition of the infant;
			(C) the performance of surgery on the wrong 
patient or on the wrong body part of a patient;
			(D) the accidental leaving of a foreign object in 
a patient's body during a procedure; and
			(E) a medical error resulting in the death or 
serious disability of a patient if the death or serious disability 
is associated with the use or function of a device in patient care 
that is used or functions in a manner other than that intended.
	(2) Between SECTIONS 29 and 30 of the bill (house committee 
printing, between page 22, line 27, and page 23, line 1) insert the 
following SECTION, appropriately numbered:
	SECTION _____. Subchapter E, Chapter 164, Occupations Code, 
is amended by adding Section 164.2015 to read as follows:
	Sec. 164.2015. REVIEW BY BOARD IF TWO OR MORE MEDICAL ERRORS 
REPORTED BY HOSPITALS. The board:
		(1) may conduct an investigation of a physician with 
regard to whom the board has received a report of a medical error 
under Subchapter D, Chapter 160, in the same manner as if a 
complaint against the physician had been made to the board under 
Section 154.051 if the board determines that the seriousness of the 
error reported warrants an investigation; and
		(2) shall conduct an investigation of a physician with 
regard to whom the board has received two or more reports of medical 
errors under Subchapter D, Chapter 160, in a three-year period in 
the same manner as if a complaint against the physician had been 
made to the board under Section 154.051.
	(3) Renumber the SECTIONS of the bill accordingly.