Pennsylvania Code
Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS
Part I - DEPARTMENT OF STATE
Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Chapter 25 - STATE BOARD OF OSTEOPATHIC MEDICINE
Subchapter J - CHILD ABUSE REPORTING REQUIREMENTS
CHILD ABUSE REPORTING REQUIREMENTS
Section 25.414 - Immunity from liability

Universal Citation: 49 PA Code ยง 25.414
Current through Register Vol. 54, No. 44, November 2, 2024

Under 23 Pa.C.S. § 6318 (relating to immunity from liability), a Board-regulated practitioner who participates in good faith in the making of a report of suspected child abuse, making a referral for general protective services, cooperating or consulting with an investigation including providing information to a child fatality or near fatality review team, testifying in a proceeding arising out of an instance of suspected child abuse or general protective services or engaging in any action authorized under 23 Pa.C.S. Chapter 63 (relating to Child Protective Services Law), shall have immunity from civil and criminal liability that might otherwise result by reason of the Board-regulated practitioner's actions. For the purpose of any civil or criminal proceeding, the good faith of the Board-regulated practitioner shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a Board-regulated practitioner's actions under §§ 25.411-25.413 (relating to suspected child abuse- mandated reporting requirements; photographs, medical tests and X-rays of child subject to report; and suspected death as a result of child abuse-mandated reporting requirement).

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