§ 5.94. Immunity from liability.
(a) Under 23 Pa.C.S. § 6318 (relating to immunity from liability) a chiropractor 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 chiropractor’s actions. For the purpose of any civil or criminal proceeding, the good faith of the chiropractor shall be presumed.
(b) The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a chiropractor’s actions under § § 5.91—5.93 (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 § 5.94 amended under section 302(3) of the Chiropractic Practice Act (63 P.S. § 625.302(3)); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 5.94 amended November 3, 2023, effective November 4, 2023, 53 Pa.B. 6830. Immediately preceding text appears at serial page (354042).
Cross References This section cited in 49 Pa. Code § 5.95 (relating to confidentiality—waived).
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