- (a) Under 23 Pa.C.S. § 6318 (relating to immunity from liability) a mandated reporter 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 mandated reporter’s actions. For the purpose of any civil or criminal proceeding, the good faith of the mandated reporter shall be presumed.
- (b) The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a mandated reporter’s actions under § § 27.802—27.804 (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 § 27.805 added under section 6(k)(1) and (9) of the Pharmacy Act (63 P.S. § 390-6(k)(1) and (9)); section 202 of the Administrative Code of 1929 (71 P.S. § 62); and 23 Pa.C.S. § § 6311 and 6383(b)(2).
Source
The provisions of this § 27.805 added November 28, 2025, effective November 29, 2025, 55 Pa.B. 8079.
Cross References
This section cited in 49 Pa. Code § 27.801 (relating to definitions relating to child abuse reporting requirements).