Subchapter I. CHILD ABUSE REPORTING REQUIREMENTS
Sec.
5.91. Suspected child abuse—mandated reporting requirements.
5.92. Photographs, medical tests and X-rays of child subject to report.
5.93. Suspected death as a result of child abuse—mandated reporting requirement.
5.94. Immunity from liability.
5.95. Confidentiality—waived.
5.96. Noncompliance.
5.97. Child abuse recognition and reporting—mandatory training requirement.
5.98. Child abuse recognition and reporting course approval process.
Authority The provisions of this Subchapter I issued under 23 Pa.C.S. § 6383(b)(2); and section 302(3) of the Chiropractic Practice Act (63 P.S. § 625.302(3)), unless otherwise noted.
Source The provisions of this Subchapter I adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5376, unless otherwise noted.
§ 5.91. Suspected child abuse—mandated reporting requirements.
(a) General rule.
(1) Under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse), licensed chiropractors are considered mandated reporters. A mandated reporter shall make a report of suspected child abuse in accordance with this section if the mandated reporter has reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances:
(i) The mandated reporter comes into contact with the child in the course of employment, occupation and practice of the profession or through a regularly scheduled program, activity or service.
(ii) The mandated reporter is directly responsible for the care, supervision, guidance or training of the child, or is affiliated with an agency, institution, organization, school, regularly established church or religious organization or other entity that is directly responsible for the care, supervision, guidance or training of the child.
(iii) A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse.
(iv) An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse.
(2) Nothing in this subsection shall require a child to come before the mandated reporter for the mandated reporter to make a report of suspected child abuse.
(3) Nothing in this subsection shall require the mandated reporter to take steps to identify the person responsible for the child abuse, if unknown, for the mandated reporter to make a report of suspected child abuse.
(b) Staff members of public or private agencies, institutions and facilities. Whenever a licensed chiropractor is required to make a report under subsection (a) in the capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, that chiropractor shall report immediately in accordance with subsection (c) and shall immediately thereafter notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge.
(c) Reporting procedure. A mandated reporter shall immediately make a report of suspected child abuse to the Department of Human Services by either:
(1) Making an oral report of suspected child abuse by telephone to ChildLine at (800) 932-0313, followed by a written report within 48 hours to the Department of Human Services or the county agency assigned to the case in a manner and format prescribed by the Department of Human Services. The written report submitted under this paragraph may be submitted electronically.
(2) Making an electronic report of suspected child abuse in accordance with 23 Pa.C.S. § 6305 (related to electronic reporting) through the Department of Human Service’s Child Welfare Information Solution self-service portal at www.compass.state.pa.us/cwis. A confirmation by the Department of Human Services of the receipt of a report of suspected child abuse submitted electronically relieves the mandated reporter of the duty to make an additional oral or written report.
(d) Written or electronic reports. A written or electronic report of suspected child abuse, shall include the following information, if known:
(1) The names and addresses of the child, the child’s parents and any other person responsible for the child’s welfare.
(2) Where the suspected child abuse occurred.
(3) The age and sex of each subject of the report.
(4) The nature and extent of the suspected child abuse, including any evidence of prior abuse to the child or any sibling of the child.
(5) The name and relationship of each individual responsible for causing the suspected abuse and any evidence of prior abuse by each individual.
(6) Family composition.
(7) The source of the report.
(8) The name, telephone number and e-mail address of the person making the report.
(9) The actions taken by the person making the report, including actions taken under 23 Pa.C.S. § § 6314—6317.
(10) Other information which the Department of Human Services may require by regulation.
(11) Other information required by Federal law or regulation.
Authority The provisions of this § 5.91 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 § 5.91 amended November 3, 2023, effective November 4, 2023, 53 Pa.B. 6830. Immediately preceding text appears at serial pages (347356) to (347357) and (354041).
Cross References This section cited in 49 Pa. Code § 5.92 (relating to photographs, medical tests and X-rays of child subject to report); 49 Pa. Code § 5.94 (relating to immunity from liability); 49 Pa. Code § 5.95 (relating to confidentiality—waived); and 49 Pa. Code § 5.96 (relating to noncompliance).
§ 5.92. Photographs, medical tests and X-rays of child subject to report.
A chiropractor required to report suspected child abuse may take or cause to be taken photographs of the child who is subject to a report and, if clinically indicated, cause to be performed a radiological examination and other medical tests on the child. Medical summaries or reports of the photographs, X-rays and relevant medical tests taken shall be sent to the county children and youth social service agency at the time the written report is sent, or within 48 hours after an electronic report is made under § 5.91(c)(2) (relating to suspected child abuse—mandated reporting requirements), or as soon thereafter as possible. The county children and youth social service agency shall have access to actual photographs or duplicates and X-rays and may obtain them or duplicates of them upon request. Medical summaries or reports of the photographs, X-rays and relevant medical tests shall be made available to law enforcement officials in the course of investigating cases under 23 Pa.C.S. § 6340(a)(9) or (10) (relating to release of information in confidential reports).
Authority The provisions of this § 5.92 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 § 5.92 amended November 3, 2023, effective November 4, 2023, 53 Pa.B. 6830. Immediately preceding text appears at serial page (354041).
Cross References This section cited in 49 Pa. Code § 5.94 (relating to immunity from liability); 49 Pa. Code § 5.95 (relating to confidentiality—waived); and 49 Pa. Code § 5.96 (relating to noncompliance).
§ 5.93. Suspected death as a result of child abuse—mandated reporting requirement.
A chiropractor who has reasonable cause to suspect that a child died as a result of child abuse shall report that suspicion to the coroner or medical examiner of the county where death occurred or, in the case where the child is transported to another county for medical treatment, to the coroner or medical examiner of the county where the injuries were sustained.
Authority The provisions of this § 5.93 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 § 5.93 amended November 3, 2023, effective November 4, 2023, 53 Pa.B. 6830. Immediately preceding text appears at serial page (354041).
Cross References This section cited in 49 Pa. Code § 5.94 (relating to immunity from liability); 49 Pa. Code § 5.95 (relating to confidentiality—waived); and 49 Pa. Code § 5.96 (relating to noncompliance).
§ 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).
§ 5.95. Confidentiality—waived.
To protect children from abuse, the reporting requirements of § § 5.91—5.94 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 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 § 5.95 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 § 5.95 amended November 3, 2023, effective November 4, 2023, 53 Pa.B. 6830. Immediately preceding text appears at serial page (354042).
§ 5.96. Noncompliance.
(a) Disciplinary action. A chiropractor who willfully fails to comply with the reporting requirements in § § 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) will be subject to disciplinary action under section 506(a)(9) and (13) of the act (63 P.S. § § 625.506(a)(9) and (13)).
(b) Criminal penalties. Under 23 Pa.C.S. § 6319 (relating to penalties), a chiropractor who is required to report a case of suspected child abuse or to make a referral to the appropriate authorities, and who willfully fails to do so, commits a criminal offense, as follows:
(1) An offense not otherwise specified in paragraphs (2), (3) or (4) is a misdemeanor of the second degree.
(2) An offense is a felony of the third degree if:
(i) The mandated reporter willfully fails to report.
(ii) The child abuse constitutes a felony of the first degree or higher.
(iii) The mandated reporter has direct knowledge of the nature of the abuse.
(3) If the willful failure to report an individual suspected of child abuse continues while the mandated reporter knows or has reasonable cause to suspect that a child is being subjected to child abuse by the same individual or while the mandated reporter knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual’s employment, program, activity or service, the mandated reporter commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the mandated reporter commits a felony of the second degree.
(4) A mandated reporter who, at the time of sentencing for an offense under 23 Pa.C.S. § 6319, has been convicted of a prior offense under 23 Pa.C.S. § 6319, commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offense is a felony of the second degree.
Authority The provisions of this § 5.96 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 § 5.96 amended November 3, 2023, effective November 4, 2023, 53 Pa.B. 6830. Immediately preceding text appears at serial page (354042).
§ 5.97. Child abuse recognition and reporting—mandatory training requirement.
(a) Except as provided in subsection (c), individuals applying to the Board for an initial license shall complete at least 3 hours of training in child abuse recognition and reporting requirements which has been approved by the Department of Human Services and the Bureau, as set forth in § 5.98 (relating to child abuse recognition and reporting course approval process). The applicant shall certify on the application that the applicant has either completed the required training or has been granted an exemption under subsection (c). The Board will not issue a license unless the Bureau has received an electronic report from an approved course provider documenting the attendance/participation by the applicant or the applicant has obtained an exemption under subsection (c).
(b) Except as provided in subsection (c), licensees seeking renewal of a license issued by the Board shall complete, as a condition of biennial renewal of the license, at least 2 hours of approved continuing education in child abuse recognition and reporting, as a portion of the total continuing education required for biennial renewal. For credit to be granted, the continuing education course or program must be approved by the Bureau, in consultation with the Department of Human Services, as set forth in § 5.98. The Board will not renew a license unless the Bureau has received an electronic report from an approved course provider documenting the attendance/participation by the licensee in an approved course within the applicable biennial renewal period or the licensee has obtained an exemption under subsection (c). If a licensee also holds a license issued by another licensing board within the Bureau that requires mandatory training in child abuse recognition and reporting, credit for completion of an approved course will be applied to both licenses.
(c) An applicant or licensee may apply in writing for an exemption from the training/continuing education requirements set forth in subsections (a) and (b) provided the applicant or licensee meets one of the following:
(1) The applicant or licensee submits documentation demonstrating that:
(i) The applicant or licensee has already completed child abuse recognition training as required by section 1205.6 of the Public School Code of 1949 (24 P.S. § 12-1205.6).
(ii) The training was approved by the Department of Education in consultation with the Department of Human Services.
(iii) The amount of training received equals or exceeds the amount of training or continuing education required under subsection (a) or subsection (b), as applicable.
(iv) For purposes of licensure renewal, the training must have been completed during the relevant biennial renewal period.
(2) The applicant or licensee submits documentation demonstrating that:
(i) The applicant or licensee has already completed child abuse recognition training required under 23 Pa.C.S. § 6383(c) (relating to education and training).
(ii) The training was approved by the Department of Human Services.
(iii) The amount of training received equals or exceeds the amount of training or continuing education required under subsection (a) or subsection (b), as applicable.
(iv) For purposes of licensure renewal, the training must have been completed during the relevant biennial renewal period.
(3) The applicant or licensee submits documentation acceptable to the Board demonstrating why the applicant or licensee should not be subject to the training or continuing education requirement. The Board will not grant an exemption based solely upon proof that children are not a part of the applicant’s or licensee’s practice. Each request for an exemption under this paragraph will be considered on a case-by-case basis. The Board may grant the exemption if it finds that completion of the training or continuing education requirement is duplicative or unnecessary under the circumstances.
(d) Exemptions granted under subsection (c) are applicable only for the biennial renewal period for which the exemption is requested. If an exemption is granted, the Board will issue or renew the license, as applicable. If an exemption is denied, the Board will e-mail the applicant or licensee a discrepancy notice notifying them of the need to either complete an approved course or, if warranted, to submit additional documentation in support of their request for an exemption.
Authority The provisions of this § 5.97 added 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 § 5.97 added November 3, 2023, effective November 4, 2023, 53 Pa.B. 6830.
Cross References This section cited in 49 Pa. Code § 5.12 (relating to licensure by examination); 49 Pa. Code § 5.13 (relating to licensure by reciprocity); 49 Pa. Code § 5.17 (relating to biennial registration; unregistered status and inactive status; failure to renew; address of record); and 49 Pa. Code § 5.20 (relating to volunteer license).
§ 5.98. Child abuse recognition and reporting course approval process.
(a) An individual, entity or organization may apply for approval to provide mandated reporter training as required under 23 Pa.C.S. § 6383(b) (relating to education and training) by submitting the course materials set forth in subsection (b) simultaneously to the Department of Human Services, Office of Children, Youth and Families, and to the Bureau at the following addresses:
(1) Department of Human Services, Office of Children, Youth and Families, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120; or electronically at RA-PWOCYFCPSL@pa.gov.
(2) Bureau of Professional and Occupational Affairs, 2601 North Third Street, P.O. Box 2649, Harrisburg, PA 17105-2649; or electronically at RA-stcpsl[lowbar]course[lowbar]app@pa.gov.
(b) Submissions shall include the following:
(1) Contact information (mailing address, e-mail address and telephone number) for the agency/course administrator.
(2) General description of the training and course delivery method.
(3) Title of the course.
(4) Timed agenda and estimated hours of training.
(5) Learning objectives.
(6) Intended audience.
(7) Course related materials, including as applicable:
(i) Handouts.
(ii) Narrated script or talking points.
(iii) Interactive activities or exercises.
(iv) Videos and audio/visual content.
(v) Knowledge checks, quizzes or other means of assessing participant’s understanding of the material.
(vi) For online courses, a transcript or recording of audio training.
(8) Citation of sources, including written permission to use copyrighted material, if applicable.
(9) Anticipated credentials or experience of the presenter, or biography of presenter, if known.
(10) Printed materials used to market the training.
(11) Evaluation used to assess participants’ satisfaction with the training.
(12) Sample certificate of attendance/participation, which shall include:
(i) Name of participant.
(ii) Title of training.
(iii) Date of training.
(iv) Length of training (2 hours or 3 hours).
(v) Name and signature of the authorized representative of the provider. The signature may be an electronic signature.
(vi) Statement affirming the participant attended the entire course.
(13) Verification of ability to report participation/attendance electronically to the Bureau in a format prescribed by the Bureau.
(c) The Bureau will notify the individual, entity or organization in writing upon approval of the course and will post a list of approved courses on the Bureau’s web site and the Board’s web site.
Authority The provisions of this § 5.98 added 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 § 5.98 added November 3, 2023, effective November 4, 2023, 53 Pa.B. 6830.
Cross References This section cited in 49 Pa. Code § 5.97 (relating to child abuse recognition and reporting—mandatory training requirement).
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