Section 13.305. Immunity from liability

Under 23 Pa.C.S. § 6318 (relating to immunity from liability) a funeral director who participates in good faith in the making of a report, cooperating with an investigation, testifying in a proceeding arising out of an instance of suspected child abuse or the taking of photographs shall have immunity from civil and criminal liability that might result by reason of the funeral director’s actions. For the purpose of any civil or criminal proceeding, the good faith of the funeral director shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a funeral director’s actions in participating in good faith in the making of a report, cooperating with an investigation, testifying in a proceeding arising out of an instance of suspected child abuse or the taking of photographs.

The provisions of this § 13.305 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5381.

Notation

Authority

The provisions of this § 13.305 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 16 of the Funeral Director Law (63 P. S. § 479.16).

Cross References

This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting requirements).