Pennsylvania Code
Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS
Part I - DEPARTMENT OF STATE
Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Chapter 41 - STATE BOARD OF PSYCHOLOGY
CHILD ABUSE REPORTING REQUIREMENTS
Section 41.75 - Confidentiality-waived

To protect children from abuse, the reporting requirements of §§ 41.71-41.73 (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) take precedence over the provisions of Ethical Principle 5 (relating to confidentiality) in § 41.61 (relating to Code of Ethics) and any other ethical principle or professional standard that might otherwise apply to psychologists. Under 23 Pa.C.S. § 6311.1 (relating to privileged communications), privileged communications between a mandated reporter and a patient/client do not apply to a situation involving child abuse and do not relieve the mandated reporter of the duty to make a report of suspected child abuse. Additionally, under 23 Pa.C.S. § 6313(e) (relating to reporting procedure), notwithstanding any other provision of law to the contrary, a mandated reporter who makes a report of suspected child abuse does not violate the Mental Health Procedures Act (50 P.S. §§ 7101-7503) by releasing information necessary to complete the report.

The provisions of this §41.75 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 3.2(2) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(2)).