RULES AND REGULATIONS
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[49 PA. CODE CHS. 47--49]
Child Abuse Reporting Requirements
[36 Pa.B. 7022]
[Saturday, November 18, 2006]The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) amends § 47.52 (relating to suspected child abuse-mandated reporting requirements) and adds §§ 48.51--48.57 and 49.51--49.57 (relating to child abuse reporting requirements) to read as set forth in Annex A.
Effective Date
The amendments are effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The Board is authorized to adopt regulations necessary for the administration of its enabling statute under section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. § 1906(2)). The Board is required to adopt regulations regarding the duty of its licensees to report suspected child abuse under 23 Pa.C.S. Chapter 63 (relating to Child Protective Services Law) (CPSL), specifically sections 6311(b) and 6383(b)(2) of the CPSL (relating to persons required to report suspected child abuse; and education and training).
Background and Purpose
This final-form rulemaking is responsive to the statutory mandate of section 6383(b)(2) of the CPSL, which requires that each licensing board with jurisdiction over professional licensees identified as mandated reporters of child abuse promulgate regulations on the responsibilities of mandated reporters. The mandated reporters in section 6311(b) of the CPSL include mental health professionals. The Board has fulfilled its rulemaking responsibilities pertaining to licensed social workers. With the enactment of the act of December 21, 1998 (No. 136, P. L. 1017), which created new licensure classifications of marriage and family therapists and professional counselors, the Board is now promulgating similar reporting provisions for licensed marriage and family therapists and professional counselors.
Summary of Comments and Responses on Proposed Rulemaking
Notice of proposed rulemaking was published at 35 Pa.B. 5525 (October 8, 2005) after which the Board entertained public comment for 30-days under section 201(4) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1201(4)), known as the Commonwealth Documents Law (CDL). The public did not comment on the proposed rulemaking. Under the Regulatory Review Act (71 P. S. §§ 745.1--745.15), the Board received comments from the Independent Regulatory Review Commission (IRRC) and the House Professional Licensure Committee (HPLC). The comments and the Board's responses are broken into the following categories:
§§ 48.51 and 49.51. Definitions relating to child abuse reporting requirements.
IRRC and the HPLC noted that the proposed definition of ''child abuse'' differs from the definition in the CPSL in that the proposed definition only contained the first of three sections of the statutory definition. The HPLC and IRRC recommended that the Board add the missing text from the statutory definition to the regulatory definition of ''child abuse.''
Section 6303(b)(2) of the CPSL (relating to definitions) provides:
''No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the child's welfare, such as inadequate housing, furnishings, income, clothing and medical care.''Section 6303(b)(3) of the CPSL provides, in part:
''If, upon investigation, the county agency determines that a child has not been provided needed medical or surgical care because of seriously held religious beliefs of the child's parents, guardian or person responsible for the child's welfare, which beliefs are consistent with those of a bona fide religion, the child shall not be deemed to be physically or mentally abused. . . .''The Board believes that the purpose of these provisions in the CPSL is to place the responsibility for deciding whether environmental factors or religious beliefs are the causative agents of the injury on the county agencies, not mandated reporters. The Board believes that including these provisions in its definition would be contrary to the purpose of the final-form rulemaking, which is to encourage more complete timely reporting of suspected child abuse. Moreover, while licensees may become aware of environmental factors affecting children they treat, these factors may not be within the readily obtainable knowledge of practitioners at the time reporting is mandated. The Board notes also that other licensing boards with mandated reporters have adopted an identical regulatory approach with regard to section 6303(b)(2) and (3) of the CPSL. For example, see the regulations of the State Board of Medicine in § 16.101 (relating to definitions), notwithstanding a similar recommendation of Independent Regulatory Review Commission (see 26 Pa.B. 5386 (November 9, 1996)). Therefore, the Board has decided not to make changes to this definition in this final-form rulemaking.
§§ 48.52 and 49.52. Suspected child abuse-mandated reporting requirements.
The HPLC and IRRC noted that the CPSL provides that reports are to be made to both the county children and youth agency and to the Department of Public Welfare (Department) and recommended that the Board add language to §§ 48.52(a) and 49.52(a) to reflect these requirements. The Board agrees with this comment and has amended the language accordingly.
Both the HPLC and IRRC commented that the CPSL requires that written reports be made to the county children and youth agency and recommended that the phrase ''to the county agency'' be inserted after the words ''written reports shall be made'' in §§ 48.52(c)(2) and 49.52(c)(2). The Board has agreed and added this language in this final-form rulemaking.
IRRC commented that proposed §§ 48.52(d)(10) and 49.52(d)(10) require the reporter to include ''other information which the Department of Public Welfare may require by regulation.'' IRRC noted that the Department promulgated regulations on the filing of written reports by a required reporter and that the Board should either provide a citation to the Department's regulation or use the exact language in that regulation. The Board has agreed and references the Department's regulation in §§ 48.52(c)(2) and 49.52(c)(2).
Chapter 47. State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
IRRC noted that if the Board amended the proposed rulemaking, it will differ from existing regulations for social workers on reporting suspected child abuse in Chapter 47. IRRC suggested that the Board amend Chapter 47 to be consistent with the similar provisions pertaining to marriage and family therapists and professional counselors. The Board has agreed with this suggestion and has amended § 47.52 in this final rulemaking.
Miscellaneous
The HPLC noted that some of the sections in the proposed rulemaking were numbered incorrectly. The Legislative Reference Bureau fixed the numbers of these sections when it was published as proposed rulemaking.
The HPLC also recommended that language be added to §§ 48.57 and 49.57 (relating to noncompliance) to indicate that §§ 48.56 and 49.56 (relating to confidentiality--waived) be respected. However, the Board notes that § 47.56 (relating to confidentiality--waived) and §§ 48.56 and 49.56 do not impose specific duties on licensees which could lead to disciplinary action. These sections merely provide that the duty to report suspected child abuse takes precedence over principles of confidentiality, ethical principles and other professional standards. Accordingly, the Board has decided not to add that language in this final-form rulemaking.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no fiscal impact on the Commonwealth or its political subdivisions. As mandated reporters, licensed marriage and family therapists and professional counselors may incur additional paperwork in complying with the child abuse reporting requirements adopted in this final-form rulemaking.
Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 26, 2005, the Board submitted a copy of the notice of proposed rulemaking, published at 35 Pa.B. 5525, to IRRC and the Chairpersons of the HPLC and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 3, 2006, the final-form rulemaking was approved by the HPLC. On October 18, 2006, the final-form rulemaking was deemed approved by SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 19, 2006, and approved the final-form rulemaking.
Contact Person
Interested persons may obtain information regarding the final-form rulemaking by contacting Beth Sender Michlovitz, Board Counsel, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2659, Harrisburg, PA 17105-2649, bmichlovit@state.pa.us.
Findings
The Board finds that:
(1) Notice of proposed rulemaking was given under section 201 of the CDL and section 202 of the CDL (45 P. S. § 202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendments to the final-form rulemaking do not enlarge the purpose of the proposed rulemaking published at 35 Pa.B. 5525.
(4) This final-form rulemaking is necessary and appropriate for administration and enforcement of the authorizing acts.
Order
The Board orders that:
(a) The regulations of the Board, 49 Pa. Code Chapters 47--49, are amended by amending § 47.52 and adding §§ 48.51--48.57 and 49.51--49.57 to read as set forth in Annex A.
(Editor's Note: The amendment to § 47.52 was not included in the proposed rulemaking published at 35 Pa.B. 5525.)
(b) The Board shall submit this order and Annex A to the Office of General Counsel and o the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
RONALD HAYS,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 6742 (November 4, 2006).)
Fiscal Note: Fiscal Note 16A-6910 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Chapter 47. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
CHILD ABUSE REPORTING REQUIREMENTS § 47.52. Suspected child abuse--mandated reporting requirements.
(a) General rule. Under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse), licensed social workers who, in the course of their employment, occupation or practice of their profession, come into contact with children shall report or cause a report to be made to the Department of Public Welfare and to the appropriate county agency when they have reasonable cause to suspect on the basis of their professional or other training or experience, that a child coming before them in their professional or official capacity is a victim of child abuse.
(b) Staff members of public or private agencies, institutions and facilities. Licensed social workers who are staff members of a medical or other public or private institution, school, facility or agency, and who, in the course of their employment, occupation or practice of their profession, come into contact with children shall immediately notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge when they have reasonable cause to suspect on the basis of their professional or other training or experience, that a child coming before them in their professional or official capacity is a victim of child abuse. Upon notification by the licensed social worker, the person in charge or the designated agent shall assume the responsibility and have the legal obligation to report or cause a report to be made in accordance with subsections (a), (c) and (d).
(c) Reporting procedure. Reports of suspected child abuse shall be made by telephone and by written report.
(1) Oral reports. Oral reports of suspected child abuse shall be made immediately by telephone to ChildLine, (800) 932-0313.
(2) Written reports. Written reports shall be made to the appropriate county agency within 48 hours after the oral report is made by telephone and must contain, at a minimum, the information required by the Department of Public Welfare in 55 Pa. Code § 3490.18 (relating to filing of a written report by a required reporter).
CHAPTER 48. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF MARRIAGE AND FAMILY THERAPISTS
CHILD ABUSE REPORTING REQUIREMENTS § 48.51. Definitions relating to child abuse reporting requirements.
The following words and terms, when used in this section and §§ 48.52--48.57 (relating to child abuse reporting requirements), have the following meanings, unless the context clearly indicates otherwise:
Child abuse--The term includes any of the following:
(i) A recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under 18 years of age.
(ii) An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
(iii) A recent act, failure to act or series of acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
(iv) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a child's life or development or impairs the child's functioning.
ChildLine--An organizational unit of the Department of Public Welfare, which operates a 24-hour-a-day Statewide toll-free telephone system for receiving reports of suspected child abuse, referring reports for investigation and maintaining the reports in the appropriate file.
Individual residing in the same home as the child--An individual who is 14 years of age or older and who resides in the same home as the child.
Perpetrator--A person who has committed child abuse and is a parent of the child, a person responsible for the welfare of a child, an individual residing in the same home as a child or a paramour of a child's parent.
Person responsible for the child's welfare--
(i) A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control.
(ii) The term does not include a person who is employed by or provides services or programs in a public or private school, intermediate unit or area vocational-technical school.
Recent acts or omissions--Acts or omissions committed within 2 years of the date of the report to the Department of Public Welfare or county agency.
Serious mental injury--A psychological condition, as diagnosed by a physician or licensed psychologist including the refusal of appropriate treatment, that does one or more of the following:
(i) Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child's life or safety is threatened.
(ii) Seriously interferes with a child's ability to accomplish age-appropriate developmental and social tasks.
Serious physical injury--An injury that causes a child severe pain or significantly impairs a child's physical functioning, either temporarily or permanently.
Sexual abuse or exploitation--The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another person to engage in sexually explicit conduct or a simulation of sexually explicit conduct for the purpose of producing a visual depiction, including photographing, videotaping, computer depicting or filming, of sexually explicit conduct or the rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, molestation, incest, indecent exposure, prostitution, statutory sexual assault or other form of sexual exploitation of children.
§ 48.52. Suspected child abuse-mandated reporting requirements.
(a) General rule. Under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse), licensed marriage and family therapists who, in the course of their employment, occupation or practice of their profession, come into contact with children shall report or cause a report to be made to the Department of Public Welfare and the appropriate county agency when they have reasonable cause to suspect on the basis of their professional or other training or experience, that a child coming before them in their professional or official capacity is a victim of child abuse.
(b) Staff members of public or private agencies, institutions and facilities. Licensed marriage and family therapists who are staff members of a medical or other public or private institution, school, facility or agency, and who, in the course of their employment, occupation or practice of their profession, come into contact with children shall immediately notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge when they have reasonable cause to suspect on the basis of their professional or other training or experience, that a child coming before them in their professional or official capacity is a victim of child abuse. Upon notification by the licensed marriage and family therapist, the person in charge or the designated agent shall assume the responsibility and have the legal obligation to report or cause a report to be made in accordance with subsections (a), (c) and (d).
(c) Reporting procedure. Reports of suspected child abuse shall be made by telephone and by written report.
(1) Oral reports. Oral reports of suspected child abuse shall be made immediately by telephone to ChildLine, (800) 932-0313.
(2) Written reports. Written reports shall be made to the appropriate county agency within 48 hours after the oral report is made by telephone and must contain, at a minimum, the information required by the Department of Public Welfare in 55 Pa. Code § 3490.18 (relating to filing of a written report by a required reporter).
§ 48.53. Photographs, medical tests and X-rays of child subject to report.
A licensed marriage and family therapist may take or cause to be taken photographs of the child who is subject to a report and, if clinically indicated, cause to be performed a radiological examination and other medical tests on the child. Medical summaries or reports of the photographs, X-rays and relevant medical tests taken shall be sent to the county children and youth social service agency at the time the written report is sent or as soon thereafter as possible. The county children and youth social service agency shall have access to actual photographs or duplicates and X-rays and may obtain them or duplicates of them upon request.
§ 48.54. Suspected death as a result of child abuse--mandated reporting requirement.
A licensed marriage and family therapist who has reasonable cause to suspect that a child died as a result of child abuse shall report that suspicion to the coroner of the county where death occurred or, in the case where the child is transported to another county for medical treatment, to the coroner of the county where the injuries were sustained.
§ 48.55. Immunity from liability.
Under 23 Pa.C.S. § 6318 (relating to immunity from liability), a licensed marriage and family therapist who participates in good faith in the making of a report, cooperating with an investigation, testifying in a proceeding arising out of an instance of suspected child abuse or the taking of photographs shall have immunity from civil and criminal liability that might result by reason of the licensed marriage and family therapist's actions. For the purpose of any civil or criminal proceeding, the good faith of the licensed marriage and family therapist shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a licensed marriage and family therapist's actions in participating in good faith in the making of a report, cooperating with an investigation, testifying in a proceeding arising out of an instance of suspected child abuse or the taking of photographs.
§ 48.56. Confidentiality--waived.
To protect children from abuse, the reporting requirements of §§ 48.52--48.54 (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) take precedence over the provisions of any client confidentiality, ethical principle or professional standard that might otherwise apply.
§ 48.57. Noncompliance.
(a) Disciplinary action. A licensed marriage and family therapist who willfully fails to comply with the reporting requirements in §§ 48.52--48.54 (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 11 of the act (63 P. S. § 1911).
(b) Criminal penalties. Under 23 Pa.C.S. § 6319 (relating to penalties for failure to report), a licensed marriage and family therapist who is required to report a case of suspected child abuse who willfully fails to do so commits a summary offense for the first violation and a misdemeanor of the third degree for a second or subsequent violation.
CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF PROFESSIONAL COUNSELORS
CHILD ABUSE REPORTING REQUIREMENTS § 49.51. Definitions relating to child abuse reporting requirements.
The following words and terms, when used in this section and §§ 49.52--49.57 (relating to child abuse reporting requirements), have the following meanings, unless the context clearly indicates otherwise:
Child abuse--A term meaning any of the following:
(i) A recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under 18 years of age.
(ii) An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
(iii) A recent act, failure to act or series of acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
(iv) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a child's life or development or impairs the child's functioning.
ChildLine--An organizational unit of the Department of Public Welfare, which operates a 24-hour-a-day Statewide toll-free telephone system for receiving reports of suspected child abuse, referring reports for investigation and maintaining the reports in the appropriate file.
Individual residing in the same home as the child--An individual who is 14 years of age or older and who resides in the same home as the child.
Perpetrator--A person who has committed child abuse and is a parent of the child, a person responsible for the welfare of a child, an individual residing in the same home as a child or a paramour of a child's parent.
Person responsible for the child's welfare--
(i) A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control.
(ii) The term does not include a person who is employed by or provides services or programs in a public or private school, intermediate unit or area vocational-technical school.
Recent acts or omissions--Acts or omissions committed within 2 years of the date of the report to the Department of Public Welfare or county agency.
Serious mental injury--A psychological condition, as diagnosed by a physician or licensed psychologist including the refusal of appropriate treatment, that does one or more of the following:
(i) Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child's life or safety is threatened.
(ii) Seriously interferes with a child's ability to accomplish age-appropriate developmental and social tasks.
Serious physical injury--An injury that causes a child severe pain or significantly impairs a child's physical functioning, either temporarily or permanently.
Sexual abuse or exploitation--The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another person to engage in sexually explicit conduct or a simulation of sexually explicit conduct for the purpose of producing a visual depiction, including photographing, videotaping, computer depicting or filming, of sexually explicit conduct or the rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, molestation, incest, indecent exposure, prostitution, statutory sexual assault or other form of sexual exploitation of children.
§ 49.52. Suspected child abuse--mandated reporting requirements.
(a) General rule. Under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse), licensed professional counselors who, in the course of their employment, occupation or practice of their profession, come into contact with children shall report or cause a report to be made to the Department of Public Welfare and to the appropriate county agency when they have reasonable cause to suspect on the basis of their professional or other training or experience, that a child coming before them in their professional or official capacity is a victim of child abuse.
(b) Staff members of public or private agencies, institutions and facilities. Licensed professional counselors who are staff members of a medical or other public or private institution, school, facility or agency, and who, in the course of their employment, occupation or practice of their profession, come into contact with children shall immediately notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge when they have reasonable cause to suspect on the basis of their professional or other training or experience, that a child coming before them in their professional or official capacity is a victim of child abuse. Upon notification by the licensed professional counselor, the person in charge or the designated agent shall assume the responsibility and have the legal obligation to report or cause a report to be made in accordance with subsections (a), (c) and (d).
(c) Reporting procedure. Reports of suspected child abuse shall be made by telephone and by written report.
(1) Oral reports. Oral reports of suspected child abuse shall be made immediately by telephone to ChildLine, (800) 932-0313.
(2) Written reports. Written reports shall be made to the appropriate county agency within 48 hours after the oral report is made by telephone and must contain, at a minimum, the information required by the Department of Public Welfare in 55 Pa. Code § 3490.18 (relating to filing of a written report by a required reporter).
§ 49.53. Photographs, medical tests and X-rays of child subject to report.
A licensed professional counselor may take or cause to be taken photographs of the child who is subject to a report and, if clinically indicated, cause to be performed a radiological examination and other medical tests on the child. Medical summaries or reports of the photographs, X-rays and relevant medical tests taken shall be sent to the county children and youth social service agency at the time the written report is sent or as soon thereafter as possible. The county children and youth social service agency shall have access to actual photographs or duplicates and X-rays and may obtain them or duplicates of them upon request.
§ 49.54. Suspected death as a result of child abuse--mandated reporting requirement.
A licensed professional counselor who has reasonable cause to suspect that a child died as a result of child abuse shall report that suspicion to the coroner of the county where death occurred or, in the case where the child is transported to another county for medical treatment, to the coroner of the county where the injuries were sustained.
§ 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, cooperating with an investigation, testifying in a proceeding arising out of an instance of suspected child abuse or the taking of photographs shall have immunity from civil and criminal liability that might 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 in participating in good faith in the making of a report, cooperating with an investigation, testifying in a proceeding arising out of an instance of suspected child abuse or the taking of photographs
§ 49.56. Confidentiality--waived.
To protect children from abuse, the reporting requirements of §§ 49.52--49.54 (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) take precedence over the provisions of any client confidentiality, ethical principle or professional standard that might otherwise apply.
§ 49.57. Noncompliance.
(a) Disciplinary action. A licensed professional counselor who willfully fails to comply with the reporting requirements in §§ 49.52--49.54 (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 11 of the act (63 P. S. § 1911).
(b) Criminal penalties. Under 23 Pa.C.S. § 6319 (relating to penalties for failure to report), a licensed professional counselor who is required to report a case of suspected child abuse who willfully fails to do so commits a summary offense for the first violation and a misdemeanor of the third degree for a second or subsequent violation.
[Pa.B. Doc. No. 06-2264. Filed for public inspection November 17, 2006, 9:00 a.m.]
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