Section 40.205. Immunity from liability

Under 23 Pa.C.S. § 6318 (relating to immunity from liability), a physical therapist or physical therapist assistant 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 physical therapist’s or physical therapist assistant’s actions. For the purpose of any civil or criminal proceeding, the good faith of the physical therapist or physical therapist assistant shall be presumed. The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of a physical therapist’s or physical therapist assistant’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 § 40.205 amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652. Immediately preceding text appears at serial page (333466).

Notation

Authority

The provisions of this § 40.205 amended under 3(a) of the Physical Therapy Practice Act (63 P. S. § 1303(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).