49 Pa. Code § 49.56. Confidentiality

49 Pa. Code § 49.56. Confidentiality—waived.

§ 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 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. In accordance with 23 Pa.C.S. §  6311.1 (relating to privileged communications), privileged communications between a mandated reporter and a patient/client 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. 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 §  49.56 issued under section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P.S. §  1906(2)); and the Child Protective Services Act, 23 Pa.C.S. Chapter 63; amended under section 6(2) of the Social Workers, Marriage Family Therapists and Professional Counselors Act (63 P.S. §  1906(2)); and 23 Pa.C.S. § §  6301—6388.

Source

   The provisions of this §  49.56 adopted November 17, 2006, effective November 18, 2006, 36 Pa.B. 7022; amended March 18, 2022, effective March 19, 2022, 52 Pa.B. 1608. Immediately preceding text appears at serial page (352880).

Cross References

   This section cited in 49 Pa. Code §  49.51 (relating to definitions relating to child abuse reporting requirements); and 49 Pa. Code §  49.79 (relating to mandatroy reporting).

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