Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

49 Pa. Code § 49.55. Immunity from liability.

§ 49.55. Immunity from liability.

 Under 23 Pa.C.S. §  6318 (relating to immunity from liability) a licensed professional counselor 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 licensed professional counselor’s actions. For the purpose of any civil or criminal proceeding, the good faith of the licensed professional counselor shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a licensed professional counselor’s actions under § §  49.52—49.54 (relating to suspected child abuse—mandated reporting requirements; photographs of child subject to report; and suspected death as a result of child abuse—mandated reporting requirement).

Authority

   The provisions of this §  49.55 issued under section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P.S. §  1906(2)); and the Child Protective Services Act, 23 Pa.C.S. Chapter 63; amended under section 6(2) of the Social Workers, Marriage Family Therapists and Professional Counselors Act (63 P.S. §  1906(2)); and 23 Pa.C.S. § §  6301—6388.

Source

   The provisions of this §  49.55 adopted November 17, 2006, effective November 18, 2006, 36 Pa.B. 7022; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1608. Immediately preceding text appears at serial pages (352879) to (352880).

Cross References

   This section cited in 49 Pa. Code §  49.51 (relating to definitions relating to child abuse reporting requirements); and 49 Pa. Code §  49.79 (relating to mandatory reporting).



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