§ 42.46. Confidentiality—waived.
To protect children from abuse, the reporting requirements of § § 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) take precedence over provisions in § 42.24(1)(iv) (relating to code of ethics) and any other client confidentiality, ethical principle or professional standard that might otherwise apply. In accordance with 23 Pa.C.S. § 6311.1 (relating to privileged communications), privileged communications between a mandated reporter and a patient/client does not apply to a situation involving child abuse and does not relieve the mandated reporter of the duty to make a report of suspected child abuse.
Authority The provisions of this § 42.46 issued under 23 Pa.C.S. § 6383(b)(2); and section 5 of the Occupational Therapy Practice Act (63 P.S. § 1505); amended under section 5(b) of the Occupational Therapy Practice Act (63 P.S. § 1505(b)); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 42.46 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5425; amended November 3, 2023, effective November 4, 2023, 53 Pa.B. 6837. Immediately preceding text appears at serial pages (392009) to (392010).
Cross References This section cited in 49 Pa. Code § 42.41 (relating to definitions relating to child abuse reporting requirements).
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