Section 42.47. Noncompliance

(a) Disciplinary action. A licensee who willfully fails to comply with the reporting requirements in § § 42.42—42.44 (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 16 of the act (63 P. S. § 1516).

(b) Criminal penalties. Under 23 Pa.C.S. § 6319 (relating to penalties for failure to report), a licensee who is required to report a case of suspected child abuse who willfully fails to do so commits a summary offense for the first violation and a misdemeanor of the third degree for a second or subsequent violation.

The provisions of this § 42.47 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5425; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6663. Immediately preceding text appears at serial page (223115).

Notation

Authority

The provisions of this § 42.47 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 5 of the Occupational Therapists Practice Act (63 P. S. § 1505); amended under sections 5(b) and 6(a)(2) of the Occupational Therapy Practice Act (63 P. S. § § 1505(b) and 1506(a)(2)).

Cross References

This section cited in 49 Pa. Code § 42.41 (relating to child abuse reporting requirements).