49 Pa. Code § 23.116 - Noncompliance

(a) Disciplinary action. An optometrist who willfully fails to comply with the reporting requirements in §§ 23.111-23.113 (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) will be subject to disciplinary action under section 7(8), (10) and (11) of the act (63 P.S. § 244.7(8), (10) and (11)).

(b) Criminal penalties. Under 23 Pa.C.S. § 6319 (relating to penalties), a mandated reporter who is required to report a case of suspected child abuse or to make a referral to the appropriate authorities, and who willfully fails to do so commits a criminal offense, as follows:

(1) An offense not otherwise specified in paragraphs (2), (3) or (4) is a misdemeanor of the second degree.

(2) An offense is a felony of the third degree if all of the following apply:

(i) The mandated reporter willfully fails to report.

(ii) The child abuse constitutes a felony of the first degree or higher.

(iii) The mandated reporter has direct knowledge of the nature of the abuse.

(3) If the willful failure to report continues while the mandated reporter knows or has reasonable cause to suspect a child is being subjected to child abuse by the same individual, or while the mandated reporter knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual-s employment, program activity or service, the mandated reporter commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the mandated reporter commits a felony of the second degree.

(4) A mandated reporter who, at the time of sentencing for an offense under 23 Pa.C.S. § 6319, has been convicted of a prior offense under 23 Pa.C.S. § 6319, commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offense is a felony of the second degree.

Notes

49 Pa. Code § 23.116

The provisions of this § 23.116 adopted November 8, 1996, effective 11/9/1996, 26 Pa.B. 5395. Amended by Pennsylvania Bulletin, Vol 54, No. 04. January 27, 2024, effective 1/27/2024

The provisions of this § 23.116 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P. S. § 244.3(b)(14)).