§ 41.75. Confidentiality—waived.
To protect children from abuse, the reporting requirements of § § 41.71—41.73 (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 Ethical Principle 5 (relating to confidentiality) in § 41.61 (relating to Code of Ethics) and any other ethical principle or professional standard that might otherwise apply to psychologists. Under 23 Pa.C.S. § 6311.1 (relating to privileged communications), privileged communications between a mandated reporter and a patient/client do not apply to a situation involving child abuse and do not relieve the mandated reporter of the duty to make a report of suspected child abuse. Additionally, under 23 Pa.C.S. § 6313(e) (relating to reporting procedure), notwithstanding any other provision of law to the contrary, a mandated reporter who makes a report of suspected child abuse does not violate the Mental Health Procedures Act (50 P.S. § § 7101—7503) by releasing information necessary to complete the report.
Authority The provisions of this § 41.75 issued and amended under 23 Pa.C.S. § 6383(b)(2); and section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)).
Source The provisions of this § 41.75 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5420; amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8229. Immediately preceding text appears at serial pages (267175) to (267176).
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