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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 § 41.74. Immunity from liability.

§ 41.74. Immunity from liability.

 Under 23 Pa.C.S. §  6318 (relating to immunity from liability) a mandated reporter 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. Chapter 63 (relating to Child Protective Services Law), shall have immunity from civil and criminal liability that might otherwise result by reason of the mandated reporter’s actions. For the purpose of any civil or criminal proceeding, the good faith of the mandated reporter shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a licensed psychologist’s actions under § §  41.71—41.73 (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).


   The provisions of this §  41.74 issued and amended under 23 Pa.C.S. §  6383(b)(2); and section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. §  1203.2(2)).


   The provisions of this §  41.74 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5420; amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8229. Immediately preceding text appears at serial page (267175).

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