Abuse Prevention and Reporting

ORS 124.050
Definitions for ORS 124.050 to 124.095

Text
Annotations

As used in ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse):

(1)

“Abuse” means one or more of the following:

(a)

Any physical injury to an elderly person caused by other than accidental means, or which appears to be at variance with the explanation given of the injury.

(b)

Neglect.

(c)

Abandonment, including desertion or willful forsaking of an elderly person or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person.

(d)

Willful infliction of physical pain or injury upon an elderly person.

(e)

An act that constitutes a crime under ORS 163.375 (Rape in the first degree), 163.405 (Sodomy in the first degree), 163.411 (Unlawful sexual penetration in the first degree), 163.415 (Sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree), 163.427 (Sexual abuse in the first degree), 163.465 (Public indecency), 163.467 (Private indecency) or 163.525 (Incest).

(f)

Verbal abuse.

(g)

Financial exploitation.

(h)

Sexual abuse.

(i)

Involuntary seclusion of an elderly person for the convenience of a caregiver or to discipline the person.

(j)

A wrongful use of a physical or chemical restraint of an elderly person, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.

(2)

“Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 (Report of suspected abuse of resident required) to 441.665 (Record of reports).

(3)

“Facility” means:

(a)

A long term care facility as that term is defined in ORS 442.015 (Definitions).

(b)

A residential facility as that term is defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), including but not limited to an assisted living facility.

(c)

An adult foster home as that term is defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825).

(4)

“Financial exploitation” means:

(a)

Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability.

(b)

Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out.

(c)

Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an elderly person or a person with a disability.

(d)

Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person.

(5)

“Intimidation” means compelling or deterring conduct by threat.

(6)

“Law enforcement agency” means:

(a)

Any city or municipal police department.

(b)

Any county sheriff’s office.

(c)

The Oregon State Police.

(d)

Any district attorney.

(e)

A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers).

(7)

“Neglect” means failure to provide basic care or services that are necessary to maintain the health or safety of an elderly person.

(8)

“Person with a disability” means a person described in:

(a)

ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619) (7); or

(b)

ORS 410.715 (Person suffering brain injury to be considered person with disability).

(9)

“Public or private official” means:

(a)

Physician or physician assistant licensed under ORS chapter 677, naturopathic physician or chiropractor, including any intern or resident.

(b)

Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide or employee of an in-home health service.

(c)

Employee of the Department of Human Services or community developmental disabilities program.

(d)

Employee of the Oregon Health Authority, local health department or community mental health program.

(e)

Peace officer.

(f)

Member of the clergy.

(g)

Regulated social worker.

(h)

Physical, speech or occupational therapist.

(i)

Senior center employee.

(j)

Information and referral or outreach worker.

(k)

Licensed professional counselor or licensed marriage and family therapist.

(L)

Member of the Legislative Assembly.

(m)

Firefighter or emergency medical services provider.

(n)

Psychologist.

(o)

Provider of adult foster care or an employee of the provider.

(p)

Audiologist.

(q)

Speech-language pathologist.

(r)

Attorney.

(s)

Dentist.

(t)

Optometrist.

(u)

Chiropractor.

(v)

Personal support worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625).

(w)

Home care worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625).

(x)

Referral agent, as defined in ORS 443.370 (Definitions for ORS 443.370 to 443.376).

(10)

“Services” includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an elderly person.

(11)

(a) “Sexual abuse” means:

(A)

Sexual contact with an elderly person who does not consent or is considered incapable of consenting to a sexual act under ORS 163.315 (Incapacity to consent);

(B)

Verbal or physical harassment of a sexual nature, including but not limited to severe or pervasive exposure to sexually explicit material or language;

(C)

Sexual exploitation;

(D)

Any sexual contact between an employee of a facility or paid caregiver and an elderly person served by the facility or caregiver; or

(E)

Any sexual contact that is achieved through force, trickery, threat or coercion.

(b)

“Sexual abuse” does not mean consensual sexual contact between an elderly person and:

(A)

An employee of a facility who is also the spouse of the elderly person; or

(B)

A paid caregiver.

(12)

“Sexual contact” has the meaning given that term in ORS 163.305 (Definitions).

(13)

“Verbal abuse” means to threaten significant physical or emotional harm to an elderly person or a person with a disability through the use of:

(a)

Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or

(b)

Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. [Formerly 410.610; 1999 c.463 §6; 2001 c.104 §36; 2005 c.671 §4; 2007 c.70 §29; 2009 c.442 §33; 2009 c.595 §84; 2009 c.708 §1; 2009 c.837 §9; 2011 c.36 §3; 2011 c.506 §5; 2011 c.703 §23; 2013 c.129 §23; 2013 c.180 §7; 2013 c.352 §5; 2014 c.104 §9; 2015 c.179 §2; 2015 c.416 §1; 2015 c.736 §49; 2017 c.656 §4; 2018 c.75 §§7,8]