Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

49 Pa. Code § 23.114. Immunity from liability.

§ 23.114. Immunity from liability.

 Under 23 Pa.C.S. §  6318 (relating to immunity from liability), an optometrist 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 optometrist’s actions. For the purpose of any civil or criminal proceeding, the good faith of the optometrist shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of an optometrist’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 §  23.114 issued under the Child Protective Services Law, 23 Pa.C.S. §  6383(b)(2); and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. §  244.3(b)(14)).

Source

   The provisions of this §  23.114 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395.



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