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 § 23.116. Noncompliance.

§ 23.116. Noncompliance.

 (a)  Disciplinary action. An optometrist who willfully fails to comply with the reporting requirements in § §  23.111—23.113 (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) will be subject to disciplinary action under section 7(8), (10) and (11) of the act (63 P.S. §  244.7(8), (10) and (11)).

 (b)  Criminal penalties. Under 23 Pa.C.S. §  6319 (relating to penalties for failure to report), an optometrist who is required to report a case of suspected child abuse who willfully fails to do so commits a summary offense for the first violation and a misdemeanor of the third degree for a second or subsequent violation.

Authority

   The provisions of this §  23.116 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 §  23.116 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395.




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