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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.