Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

49 Pa. Code § 40.206. Confidentiality—waived.

§ 40.206. Confidentiality—waived.

 To protect children from abuse, the reporting requirements of § §  40.202—40.204 (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 confidentiality provisions in §  40.52(c) (relating to unprofessional conduct; physical therapists) and any other client confidentiality, ethical principle or professional standard that might otherwise apply. In accordance with 23 Pa.C.S. §  6311.1 (relating to privileged communications), privileged communications between a mandated reporter and a patient does not apply to a situation involving child abuse and does not relieve the mandated reporter of the duty to make a report of suspected child abuse.

Authority

   The provisions of this §  40.206 amended under section 3(a) of the Physical Therapy Practice Act (63 P.S. §  1303(a)); and 23 Pa.C.S. §  6383(b)(2).

Source

   The provisions of this §  40.206 amended August 6, 2021, effective August 7, 2021, 51 Pa.B. 4325. Immediately preceding text appears at serial pages (391984) to (391985).



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