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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 § 21.506. Confidentiality—waived.

§ 21.506. Confidentiality—waived.

 To protect children from abuse, the reporting requirements of § §  25.502—25.504 (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) take precedence over provisions of any client confidentiality, ethical principle or professional standard that might otherwise apply. In accordance with 23 Pa.C.S. §  6311.1 (relating to privileged communications), privileged communications between a mandated reporter and a patient 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 §  21.506 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).


   The provisions of this §  21.506 amended March 25, 2022, effective March 26, 2022, 52 Pa.B. 1916. Immediately preceding text appears at serial page (385246).

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