ORS 124.115
Persons not subject to action

(1)

Except as provided by subsection (2) of this section, an action under ORS 124.100 (Definitions for ORS 124.100 to 124.140) may not be brought against:

(a)

Financial institutions, as defined by ORS 706.008 (Additional definitions for Bank Act);

(b)

A health care facility, as defined in ORS 442.015 (Definitions);

(c)

Any facility licensed or registered under ORS chapter 443; or

(d)

Broker-dealers licensed under ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies).

(2)

An action may be brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) against a person listed in subsection (1) of this section if:

(a)

The person is convicted of one of the crimes specified in ORS 124.105 (Physical abuse subject to action) (1); or

(b)

The person engages in conduct constituting financial abuse as described in ORS 124.110 (Financial abuse subject to action), and the person is convicted of a crime by reason of the conduct. [1995 c.671 §3a; 1997 c.631 §408; 1999 c.305 §3]

Source: Section 124.115 — Persons not subject to action, https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html.

Notes of Decisions

Where employee of broker-dealer was convicted of elder abuse, broker-dealer is exempt from liability under subsection (2) of this section because “person” includes organizational entities. Broker-dealer cannot be held liable unless broker-dealer is itself convicted of financial abuse as described in ORS 124.110. Gattuccio v. Averill, 273 Or App 126, 362 P3d 691 (2015)

Law Review Citations

98 OLR 325 (2020)

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

§ 124.115’s source at oregon​.gov