H0436B2723A06424 BIL:AMY 03/31/14 #90 A06424

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 436

Sponsor: SENATOR WARD

Printer's No. 2723

 

1Amend Bill, page 1, line 6, by inserting after "providing "

2for persons required to report suspected child abuse; providing
3for privileged communications; and further providing

4Amend Bill, page 13, lines 18 and 19, by striking out all of
5said lines and inserting

6Section 1. Section 6311(a) and (b) of Title 23 of the 
7Pennsylvania Consolidated Statutes are amended to read:

8§ 6311. Persons required to report suspected child abuse.

9[(a) General rule.--A person who, in the course of
10employment, occupation or practice of a profession, comes into
11contact with children shall report or cause a report to be made
12in accordance with section 6313 (relating to reporting
13procedure) when the person has reasonable cause to suspect, on
14the basis of medical, professional or other training and
15experience, that a child under the care, supervision, guidance
16or training of that person or of an agency, institution,
17organization or other entity with which that person is
18affiliated is a victim of child abuse, including child abuse by
19an individual who is not a perpetrator. Except with respect to
20confidential communications made to a member of the clergy which
21are protected under 42 Pa.C.S. § 5943 (relating to confidential
22communications to clergymen), and except with respect to
23confidential communications made to an attorney which are
24protected by 42 Pa.C.S. § 5916 (relating to confidential
25communications to attorney) or 5928 (relating to confidential
26communications to attorney), the privileged communication
27between any professional person required to report and the
28patient or client of that person shall not apply to situations
29involving child abuse and shall not constitute grounds for
30failure to report as required by this chapter.

31(b) Enumeration of persons required to report.--Persons
32required to report under subsection (a) include, but are not
33limited to, any licensed physician, osteopath, medical examiner,
34coroner, funeral director, dentist, optometrist, chiropractor,
35podiatrist, intern, registered nurse, licensed practical nurse,
36hospital personnel engaged in the admission, examination, care
37or treatment of persons, Christian Science practitioner, member

1of the clergy, school administrator, school teacher, school
2nurse, social services worker, day-care center worker or any
3other child-care or foster-care worker, mental health
4professional, peace officer or law enforcement official.]

5(a)  Mandated reporters.--The following adults shall make a
6report of suspected child abuse, subject to subsection (b), if
7the person has reasonable cause to suspect that a child is a
8victim of child abuse:

9(1)  (Reserved).

10(2)  (Reserved).

11(3)  (Reserved).

12(4)  (Reserved).

13(5)  (Reserved).

14(6)  (Reserved).

15(7)  (Reserved).

16(8)  (Reserved).

17(9)  (Reserved).

18(10)  (Reserved).

19(11) (Reserved).

20(12)  (Reserved).

21(13)  (Reserved).

22(14) An attorney affiliated with an agency, institution,
23organization or other entity, including a school or regularly
24established religious organization that is responsible for
25the care, supervision, guidance or control of children.

26* * *

27Section 2. Title 23 is amended by adding a section to read:

28§ 6311.1. Privileged communications.

29(a)  General rule.--Subject to subsection (b), the privileged
30communications between a mandated reporter and a patient or
31client of the mandated reporter shall not:

32(1)  Apply to a situation involving child abuse.

33(2) Relieve the mandated reporter of the duty to make a
34report of suspected child abuse.

35(b)  Confidential communications.--The following protections
36shall apply:

37(1) Confidential communications made to a member of the
38clergy are protected under 42 Pa.C.S. § 5943 (relating to
39confidential communications to clergymen).

40(2) Confidential communications made to an attorney are
41protected so long as they are within the scope of 42 Pa.C.S.
42§§ 5916 (relating to confidential communications to attorney)
43and 5928 (relating to confidential communications to
44attorney), the attorney work product doctrine or the rules of
45professional conduct for attorneys.

46Section 3. Section 6319 of Title 23 is amended to read:

47Amend Bill, page 15, line 26, by striking out "2" and
48inserting

49 4

 

See A06424 in
the context
of HB0436