Section 23.116. Noncompliance

(a) Disciplinary action. An optometrist who willfully fails to comply with the reporting requirements in § § 23.111—23.113 (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 7(8), (10) and (11) of the act (63 P. S. § 244.7(8), (10) and (11)).

(b) Criminal penalties. Under 23 Pa.C.S. § 6319 (relating to penalties for failure to report), an optometrist 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 § 23.116 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395.

Notation

Authority

The provisions of this § 23.116 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P. S. § 244.3(b)(14)).