49 Pa. Code § 25.416 - Noncompliance
(a)
Disciplinary action. A Board -regulated practitioner who
willfully fails to comply with the reporting requirements in §§
25.411-25.413 (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 15(a)(6) or (b)(7) of the act (63 P.S. §
271.15(a)(6) or
(b)(7)).
(b)
Criminal penalties.
Under
23 Pa.C.S. §
6319
(relating to penalties), a Board -regulated practitioner 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:
(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
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