49 Pa. Code § 5.94 - Immunity from liability
(a) Under
23 Pa.C.S. §
6318
(relating to immunity from liability) a chiropractor 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
chiropractor-s actions. For the purpose of any civil or criminal proceeding,
the good faith of the chiropractor shall be presumed.
(b) The Board will uphold the same good faith
presumption in any disciplinary proceeding that might result by reason of a
chiropractor-s actions under §§
5.91-5.93 (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).
Notes
This section cited in 49 Pa. Code § 5.95 (relating to confidentiality-waived).
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