Current through Register Vol. 54, No. 49, December 7, 2024
Section 40.207 - Noncompliance(a)Disciplinary action. A physical therapist or physical therapist assistant who willfully fails to comply with the reporting requirements in §§ 40.202-40.204 (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 11 of the act (63 P.S. § 1311).(b)Criminal penalties. Under 23 Pa.C.S. § 6319 (relating to penalties), a physical therapist or physical therapist assistant who is required to report a case of suspected child abuse or to make a referral to the appropriate authorities and who willfully fails to do so commits a criminal offense, as follows: (1) An offense not otherwise specified in paragraphs (2), (3) or (4) is a misdemeanor of the second degree.(2) An offense is a felony of the third degree if all of the following apply: (i) The mandated reporter willfully fails to report.(ii) The child abuse constitutes a felony of the first degree or higher.(iii) The mandated reporter has direct knowledge of the nature of the abuse.(3) If the willful failure to report continues while the mandated reporter knows or has reasonable cause to suspect a child is being subjected to child abuse by the same individual, or while the mandated reporter knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual's employment, program, activity or service, the mandated reporter commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the mandated reporter commits a felony of the second degree.(4) A mandated reporter who, at the time of sentencing for an offense under 23 Pa.C.S. § 6319, has been convicted of a prior offense under 23 Pa.C.S. § 6319, commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offense is a felony of the second degree.The provisions of this § 40.207 amended December 21, 2012, effective 12/22/2012, 42 Pa.B. 7652; amended August 6, 2021, effective 8/7/2021, 51 Pa.B. 4325.The provisions of this § 40.207 amended under section 3(a) of the Physical Therapy Practice Act (63 P.S. § 1303(a)); section 16 of the act of July 4, 2008 (P.L. 293, No. 38); and 23 Pa.C.S. § 6383(b)(2).