Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

49 Pa. Code § 25.415. Confidentiality—waived.

§ 25.415. Confidentiality—waived.

 To protect children from abuse, the reporting requirements of § §  25.411—25.413 (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 the confidentiality provisions in §  25.213(c) (relating to medical records) and any other ethical principle or professional standard that might otherwise apply to Board-regulated practitioners. 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.

Authority

   The provisions of this §  25.415 amended under section 16 of the Osteopathic Medical Practice Act (63 P.S. §  271.16); and 23 Pa.C.S. §  6383(b)(2).

Source

   The provisions of this §  25.415 amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8218. Immediately preceding text appears at serial page (402359).



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