Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 5522 (August 28, 2021).

49 Pa. Code § 49.55. Immunity from liability.

§ 49.55. Immunity from liability.

 Under 23 Pa.C.S. §  6318 (relating to immunity from liability), a licensed professional counselor 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 licensed professional counselor’s actions. For the purpose of any civil or criminal proceeding, the good faith of the licensed professional counselor shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a licensed professional counselor’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 §  49.55 issued under section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. §  1906(2)); and the Child Protective Services Act, 23 Pa.C.S. Chapter 63.

Source

   The provisions of this §  49.55 adopted November 17, 2006, effective November 18, 2006, 36 Pa.B. 7022.

Cross References

   This section cited in 49 Pa. Code §  49.51 (relating to definitions relating to child abuse reporting requirements); and 49 Pa. Code §  49.79 (relating to mandatory reporting).



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