Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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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 § 42.45. Immunity from liability.

§ 42.45. Immunity from liability.

 Under 23 Pa.C.S. §  6318 (relating to immunity from liability), a licensee 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. § §  6314—6317, shall have immunity from civil and criminal liability that might otherwise result by reason of the licensee’s actions. For the purpose of any civil or criminal proceeding, the good faith of the licensee shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a licensee’s actions under § §  42.42—42.44 (relating to suspected child abuse—mandated reporting requirements; photographs, medical tests and X-rays of a child subject to report; and suspected death as a result of child abuse—mandated reporting requirement).

Authority

   The provisions of this §  42.45 issued under 23 Pa.C.S. §  6383(b)(2); and section 5 of the Occupational Therapy Practice Act (63 P.S. §  1505); amended under sections 5(b) and 6(a)(2) of the Occupational Therapy Practice Act (63 P.S. § §  1505(b) and 1506(a)(2)); and 23 Pa.C.S. §  6383(b)(2).

Source

   The provisions of this §  42.45 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5425; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6663; amended November 3, 2023, effective November 4, 2023, 53 Pa.B. 6837. Immediately preceding text appears at serial page (392009).

Cross References

   This section cited in 49 Pa. Code §  42.41 (relating to definitions relating to child abuse reporting requirements).



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