ORS 124.088
Certain privileges not grounds for excluding evidence in court proceedings

(1)

In the case of abuse of an elderly person, the privileges created in ORS 40.230 (Rule 504. Psychotherapist-patient privilege) to 40.255 (Rule 505. Spousal privilege), including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding an elderly person’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse).

(2)

In any judicial proceedings resulting from a report made pursuant to ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse), either spouse shall be a competent and compellable witness against the other.

(3)

As used in this section, “abuse” and “elderly person” have the meanings given those terms in ORS 124.050 (Definitions for ORS 124.050 to 124.095). [2021 c.323 §1]
Note: 124.088 (Certain privileges not grounds for excluding evidence in court proceedings) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 124.088 — Certain privileges not grounds for excluding evidence in court proceedings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html.

124.005
Definitions for ORS 124.005 to 124.040 124.010
Petition for relief 124.012
Filing of petitions 124.015
Hearing upon request of respondent 124.020
Ex parte hearing 124.022
Service of restraining order by sheriff 124.024
Notice to be given by guardian petitioner 124.025
Removal of personal effects 124.030
Proof of service of restraining order to be delivered to sheriff 124.035
Renewal of restraining order 124.040
Short title 124.050
Definitions for ORS 124.050 to 124.095 124.055
Policy 124.060
Duty of officials to report 124.065
Method of reporting 124.070
Duty to investigate 124.071
Deadline to complete abuse investigation 124.072
Required disclosure of protected health information to law enforcement agency 124.073
Training for abuse investigators 124.075
Immunity of person making report in good faith 124.077
Immunity for disclosure to prospective employer 124.080
Photographing of victim 124.085
Catalog of abuse records 124.087
Policies and guidelines to plan for development and standardization of certain resources and technologies 124.088
Certain privileges not grounds for excluding evidence in court proceedings 124.090
Confidentiality of records 124.095
Spiritual treatment not abuse 124.100
Definitions for ORS 124.100 to 124.140 124.105
Physical abuse subject to action 124.110
Financial abuse subject to action 124.115
Persons not subject to action 124.120
Relief available 124.125
Action by Attorney General, Department of Human Services, other agency or district attorney 124.130
Statute of limitation 124.135
Remedies not exclusive 124.140
Estoppel based on criminal conviction 124.990
Criminal penalty
Green check means up to date. Up to date

Current through early 2024

§ 124.088’s source at oregon​.gov