Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

49 Pa. Code § 42.45. Immunity from liability.

§ 42.45. Immunity from liability.

 Under 23 Pa.C.S. §  6318 (relating to immunity from liability), a licensee who participates in good faith in the making of a report, cooperating with an investigation, testifying in a proceeding arising out of an instance of suspected child abuse or the taking of photographs shall have immunity from civil and criminal liability that might result by reason of the licensee’s actions. For the purpose of any civil or criminal proceeding, the good faith of the licensee shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a licensee’s actions in participating in good faith in the making of a report, cooperating with an investigation, testifying in a proceeding arising out of an instance of suspected child abuse or the taking of photographs.

Authority

   The provisions of this §  42.45 issued under the Child Protective Services Law, 23 Pa.C.S. §  6383(b)(2); and section 5 of the Occupational Therapists Practice Act (63 P. S. §  1505); amended under sections 5(b) and 6(a)(2) of the Occupational Therapy Practice Act (63 P. S. § §  1505(b) and 1506(a)(2)).

Source

   The provisions of this §  42.45 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5425; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6663. Immediately preceding text appears at serial page (223114).

Cross References

   This section cited in 49 Pa. Code §  42.41 (relating to definitions relating to child abuse reporting requirements).



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