Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

49 Pa. Code § 21.505. Immunity from liability.

§ 21.505. Immunity from liability.

 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. § §  6314—6317, 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 § §  21.502—21.504 (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).

Authority

   The provisions of this §  21.505 amended under section 2.1(k) of The Professional Nursing Law (63 P.S. §  222.1(k)); section 17.6 of the Practical Nurse Law (63 P.S. §  667.6); and 23 Pa.C.S. §  6383(b)(2).

Source

   The provisions of this §  21.505 amended March 25, 2022, effective March 26, 2022, 52 Pa.B. 1916. Immediately preceding text appears at serial pages (385245) to (385246).



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