§ 23.114. Immunity from liability.
(a) Under 23 Pa.C.S. § 6318 (relating to immunity from liability) an optometrist 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 optometrist’s actions. For the purpose of any civil or criminal proceeding, the good faith of the optometrist shall be presumed.
(b) The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of an optometrist’s actions under § § 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).
Authority The provisions of this § 23.114 issued and amended under 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)).
Source The provisions of this § 23.114 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial page (415625).
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