STATUTES PERTAINING TO THE PRACTICE OF PSYCHOLOGY Flashcards
Cut & Paste of Table of Contents
OREGON EVIDENCE CODE- PRIVILEGES ………. 1
- 230 Rule 504. Psychotherapist-Patient Privilege………….1
- 252 Rule 504-5. Communications revealing intent to commit certain crimes………1
- 264 Rule 507-1. Certified advocate-victim privilege……..2
- 280 Rule 511. Waiver of privilege by voluntary disclosure. …….3
AUTHORITY OF PARENT WHEN OTHER PARENT GRANTED SOLE CUSTODY OF CHILD, ORS 107.154 ………….. 4
RIGHTS OF MINORS, ORS 109.672 – 109.695………………………………………………………………….5
REPORTING OF ABUSE OF ELDERLY PERSONS, ORS 124.050 – 124.095 …………………….. 7
SEXUALLY VIOLENT DANGEROUS OFFENDERS, ORS 137.765 – 137.771………………….14
INMATE RECORDS, ORS 179.495 – 179.509 ……. 17
RECORDS OF INDIVIDUAL WITH DISABILITY OR MENTAL ILLNESS, ORS 192.515– 192.517 ………. 23
PROTECTED HEALTH INFORMATION, ORS 192.553 – 192.581………25
REPORTING OF CHILD ABUSE, ORS 419B.005 – 419B.055………. 34
JUVENILE COURT …………….. 48
419B.112 Court appointed special advocate; duties; immunity; access to information; funding; rules. ………….48
419B.195 Appointment of counsel for child or ward; access of appointed counsel to records of child or ward…………………………………..49
PERSONS WITH MENTAL ILLNESS; SEXUALLY DANGEROUS PERSONS, ORS
426.005 – 426.702 ………………. 50
PERSONS WITH MENTAL ILLNESS……………..53
COMMUNITY INTEGRATION OF PERSONS WITH CHRONIC MENTAL ILLNESS………………89
SEXUALLY DANGEROUS PERSONS …………….92
EXTREMELY DANGEROUS PERSONS WITH MENTAL ILLNESS ………..94
ABUSE REPORTING FOR ADULTS WITH MENTAL ILLNESS OR
DEVELOPMENTAL DISABILITIES, ORS 430.731 – 430.768…….. 100
REPORTING OF ANIMAL ABUSE, ORS 609.650 – 609.654 ………. 108
LICENSED PROFESSIONAL COUNSELORS AND MARRIAGE AND FAMILY THERAPISTS, ORS 675.825 …………… 110
CONVERSION THERAPY, ORS 675.850………………..111
HEALTH PROFESSIONS GENERALLY, ORS 676.108 - 676.990 ……. 112
USE OF TITLES IMPORTING HEALTH CARE PROFESSION…………114
REPORTING OBLIGATIONS …………115
PROCESSING OF COMPLAINTS AGAINST HEALTH PROFESSIONALS ……116
EFFECT OF EXPIRATION, LAPSE, SURRENDER, SUSPENSION OR REVOCATION OF LICENSE……………… 119
HEALTH CARE PROVIDER REPORTING OF BLOOD ALCOHOL LEVEL…………………………..120
MISCELLANEOUS ………….121
CULTURAL COMPETENCY CONTINUING EDUCATION…………………………………………………..128
SUICIDE RISK ASSESSMENT, TREATMENT AND MANAGEMENT CONTINUING EDUCATION………………….130
PENALTIES ………………………131
Rule 504. Psychotherapist-Patient Privilege
40.230 Rule 504. Psychotherapist-Patient Privilege
(1) “Confidential communication” means a communication not intended to be disclosed to third persons except:
(A) Persons present to further the interest of the patient in the consultation, examination or interview;
(B) Persons reasonably necessary for the transmission of the communication; or
(C) Persons who are participating in the diagnosis and treatment under the direction of the psychotherapist, including members of the patient’s family.
“Patient” means a person who consults or is examined or interviewed by a psychotherapist.
“Psychotherapist” means a person who is:
(A) Licensed, registered, certified or otherwise authorized under the laws of any state to engage in the diagnosis or treatment of a mental or emotional condition; or
(B) Reasonably believed by the patient so to be, while so engaged.
(2) A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.
(3) The privilege created by this section may be claimed by:
(a) The patient.
(b) A guardian or conservator of the patient.
(c) The personal representative of a deceased patient.
(d) The person who was the psychotherapist, but only on behalf of the patient. The psychotherapist’s authority so to do is presumed in the absence of evidence to the contrary.
(4) The following is a nonexclusive list of limits on the privilege granted by this section:
(a) If the judge orders an examination of the mental, physical or emotional condition of the patient, communications made in the course thereof are not privileged under this section with respect to the particular purpose for which the examination is ordered unless the judge orders otherwise.
(b) There is no privilege under this rule as to communications relevant to an issue of the mental or emotional condition of the patient:
(A) In any proceeding in which the patient relies upon the condition as an element of the patient’s claim or defense; or
(B) After the patient’s death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense.
(c) Except as provided in ORCP 44, there is no privilege under this section for communications made in the course of mental examination performed under ORCP 44.
(d) There is no privilege under this section with regard to any confidential communication or record of such confidential communication that would otherwise be privileged under this section when the use of the communication or record is allowed specifically under ORS 426.070, 426.074, 426.075, 426.095,
426. 120 or 426.307. This paragraph only applies to the use of the communication or record to the extent and for the purposes set forth in the described statute sections. [1981 c.892 §33; 1987 c.903 §1]
40.252 Rule 504-5. Communications revealing intent to commit certain crimes.
- 252 Rule 504-5. Communications revealing intent to commit certain crimes.
(1) In addition to any other limitations on privilege that may be imposed by law, there is no privilege under ORS 40.225, 40.230, 40.250, 40.264 or 40.274 for communications if:
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(a) In the professional judgment of the person receiving the communications, the communications reveal that the declarant has a clear and serious intent at the time the communications are made to subsequently commit a crime involving physical injury, a threat to the physical safety of any person, sexual abuse or death or involving an act described in ORS 167.322; (b) In the professional judgment of the person receiving the communications, the declarant poses a danger of committing the crime; and (c) The person receiving the communications makes a report to another person based on the communications. (2) The provisions of this section do not create a duty to report any communication to any person. (3) A person who discloses a communication described in subsection (1) of this section, or fails to disclose a communication described in subsection (1) of this section, is not liable to any other person in a civil action for any damage or injury arising out of the disclosure or failure to disclose. [2001 c.640 §2; 2007 c.731 §4; 2015 c.265 §3; 2019 c.604 §18]
Note: 40.252 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
40.264 Rule 507-1. Certified advocate-victim privilege.
- 264 Rule 507-1. Certified advocate-victim privilege.
(1) As used in this section:
(a) “Certified advocate” means a person who:
(A) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and
(B) Is an employee or a volunteer of a qualified victim services program.
(b) “Confidential communication” means a written or oral communication that is not intended for further disclosure, except to:
(A) Persons present at the time the communication is made who are present to further the interests of the victim in the course of seeking safety planning, counseling, support or advocacy services;
(B) Persons reasonably necessary for the transmission of the communication; or
(C) Other persons, in the context of group counseling.
(c) “Qualified victim services program” means:
(A) A nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice, or a program administered by a tribal government, that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or
(B) A sexual assault center, victim advocacy office, women’s center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two- or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant.
(d) “Victim” means a person seeking safety planning, counseling, support or advocacy services related to domestic violence, sexual assault or stalking at a qualified victim services program.
(2) Except as provided in subsection (3) of this section, a victim has a privilege to refuse to disclose and to prevent any other person from disclosing:
(a) Confidential communications made by the victim to a certified advocate in the course of safety planning, counseling, support or advocacy services.
(b) Records that are created or maintained in the course of providing services regarding the victim.
(3) The privilege established by this section does not apply to the disclosure of confidential communications, only to the extent disclosure is necessary for defense, in any civil, criminal or administrative action that is brought against the certified advocate, or against the qualified victim services program, by or on behalf of the victim.
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(4) The privilege established in this section is not waived by disclosure of the communications by the certified advocate to another person if the disclosure is reasonably necessary to accomplish the purpose for which the certified advocate is consulted.
(5) This section does not prohibit the disclosure of aggregate, nonpersonally identifying data.
(6) This section applies to civil, criminal and administrative proceedings and to institutional
disciplinary proceedings at a two-year or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant. [2015 c.265 §2; 2017 c.256 §1]
40.280 Rule 511. Waiver of privilege by voluntary disclosure.
40.280 Rule 511. Waiver of privilege by voluntary disclosure.
A person upon whom ORS 40.225 to 40.295 confer a privilege against disclosure of the confidential matter or communication waives the privilege if the person or the person’s predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter or communication. This section does not apply if the disclosure is itself a privileged communication. Voluntary disclosure does not occur with the mere commencement of litigation or, in the case of a deposition taken for the purpose of perpetuating testimony, until the offering of the deposition as evidence. Voluntary disclosure does not occur when representatives of the news media are allowed to attend executive sessions of the governing body of a public body as provided in ORS 192.660 (4), or when representatives of the news media disclose information after the governing body has prohibited disclosure of the information under ORS 192.660 (4). Voluntary disclosure does not occur when a public body, as defined in ORS 192.311, discloses information or records in response to a written request for public records made under ORS 192.311 to 192.478. Voluntary disclosure does occur, as to psychotherapists in the case of a mental or emotional condition and physicians in the case of a physical condition upon the holder’s offering of any person as a witness who testifies as to the condition. [1981 c.892 §39; 2003 c.259 §1; 2017 c.456 §9]
AUTHORITY OF PARENT WHEN OTHER PARENT GRANTED SOLE CUSTODY OF CHILD, ORS 107.154
- 154 Unless otherwise ordered by the court, an order of sole custody to one parent shall not deprive the other parent of the following authority:
(1) To inspect and receive school records and to consult with school staff concerning the child’s
welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such staff;
(2) To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parent may inspect and receive such records;
(3) To consult with any person who may provide care or treatment for the child and to inspect and receive the child’s medical, dental and psychological records, to the same extent as the custodial parent may consult with such person and inspect and receive such records;
(4) To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parent is, for practical purposes, unavailable; or
(5) To apply to be the child’s conservator, guardian ad litem or both. [1987 c.795 §3]
RIGHTS OF MINORS, ORS 109.672 – 109.695 109.672
109.695 109.672 Certain persons immune from liability for providing care to minor.
RIGHTS OF MINORS, ORS 109.672 –
- 695 109.672 Certain persons immune from liability for providing care to minor.
(1) No person licensed, certified or registered to practice a health care profession or health care facility shall be liable for damages in any civil action arising out of the failure of the person or facility to obtain the consent of a parent to the giving of medical care or treatment to a minor child of the parent if consent to the care has been given by the other parent of the child.
(2) The immunity provided by subsection (1) of this section shall apply regardless of whether:
(a) The parents are married, unmarried or separated at the time of consent or treatment.
(b) The consenting parent is, or is not, a custodial parent of the minor.
(c) The giving of consent by only one parent is, or is not, in conformance with the terms of any agreement between the parents, any custody order or any judgment of dissolution or separation.
(3) The immunity created by subsection (1) of this section shall not apply if the parental rights of the parent who gives consent have been terminated pursuant to ORS 419B.500 to 419B.524.
(4) For the purposes of this section, “health care facility” means a facility as defined in ORS 442.015 or any other entity providing medical service. [Formerly 109.133; 1993 c.33 §296; 2003 c.576 §158]
109.675 Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent.
- 675 Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent. (1) A minor 14 years of age or older may obtain, without parental knowledge or consent, outpatient diagnosis or treatment of a mental or emotional disorder or a chemical dependency, excluding methadone maintenance, by a physician or physician assistant licensed by the Oregon Medical Board, a psychologist licensed by the Oregon Board of Psychology, a nurse practitioner registered by the Oregon State Board of Nursing, a clinical social worker licensed by the State Board of Licensed Social Workers, a professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, a naturopathic physician licensed by the Oregon Board of Naturopathic Medicine or a community mental health program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule.
(2) However, the person providing treatment shall have the parents of the minor involved before the end of treatment unless the parents refuse or unless there are clear clinical indications to the contrary, which shall be documented in the treatment record. The provisions of this subsection do not apply to:
(a) A minor who has been sexually abused by a parent; or
(b) An emancipated minor, whether emancipated under the provisions of ORS 109.510 and 109.520 or 419B.550 to 419B.558 or, for the purpose of this section only, emancipated by virtue of having lived apart from the parents or legal guardian while being self-sustaining for a period of 90 days prior to obtaining treatment as provided by this section. [1985 c.525 §1; 1989 c.721 §47; 1993 c.546 §137; 1997 c.249 §38; 2009 c.442 §30; 2009 c.595 §71; 2013 c.178 §1; 2014 c.45 §13; 2017 c.6 §1; 2017 c.356 §6]
109.680 Disclosure without minor’s consent; civil immunity.
109.680 Disclosure without minor’s consent; civil immunity. A physician, physician assistant, psychologist, nurse practitioner, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or community mental health program described in ORS 109.675 may advise the parent or parents or legal guardian of a minor described in ORS 109.675 of the diagnosis or treatment whenever the disclosure is clinically appropriate and will serve the best interests of the minor’s treatment because the minor’s condition has deteriorated or the risk of a suicide attempt has become such that inpatient treatment is necessary, or the minor’s condition requires detoxification in a residential or acute care facility. If such disclosure is made, the
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physician, physician assistant, psychologist, nurse practitioner, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or community mental health program shall not be subject to any civil liability for advising the parent, parents or legal guardian without the consent of the minor. [1985 c.525 §2; 1989 c.721 §48; 2009 c.442 §31; 2009 c.595 §72; 2013 c.178 §2; 2014 c.45 §14; 2017 c.356 §7]
109.685 Immunity from civil liability for person providing treatment or diagnosis.
109.685 Immunity from civil liability for person providing treatment or diagnosis. A physician, physician assistant, psychologist, nurse practitioner, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or community mental health program described in ORS 109.675 who in good faith provides diagnosis or treatment to a minor as authorized by ORS 109.675 shall not be subject to any civil liability for providing such diagnosis or treatment without consent of the parent or legal guardian of the minor. [1985 c.525 §3; 1989 c.721 §49; 2009 c.442 §32; 2009 c.595 §73; 2013 c.178 §3; 2014 c.45 §15; 2017 c.356 §8]
109.690 Parent or guardian not liable for payment under ORS 109.675.
109.690 Parent or guardian not liable for payment under ORS 109.675. If diagnosis or treatment services are provided to a minor pursuant to ORS 109.675 without consent of the minor’s parent or legal guardian, the parent, parents or legal guardian of the minor shall not be liable for payment for any such services rendered. [1985 c.525 §4]
109.695 Rules for implementation of ORS 109.675 to 109.695.
109.695 Rules for implementation of ORS 109.675 to 109.695. For the purpose of carrying out the policy and intent of ORS 109.675 to 109.695 while taking into account the respective rights of minors at risk of chemical dependency or mental or emotional disorder and the rights and interests of parents or legal guardians of such minors, the Oregon Health Authority shall adopt rules for the implementation of ORS 109.675 to 109.695 by community mental health programs approved to do so. Such rules shall provide for the earliest feasible involvement of the parents or guardians in the treatment plan consistent with clinical requirements of the minor. [1985 c.525 §5; 2009 c.595 §74]
REPORTING OF ABUSE OF ELDERLY PERSONS, ORS 124.050 – 124.095 124.050
Definitions for ORS 124.050 to 124.095. As used in ORS 124.050 to 124.095:
REPORTING OF ABUSE OF ELDERLY PERSONS, ORS 124.050 – 124.095 124.050
Definitions for ORS 124.050 to 124.095. As used in ORS 124.050 to 124.095:
(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, 163.405, 163.411, 163.415, 163.425, 163.427,
163. 465, 163.467 or 163.525.
(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 to 441.665.
(3) “Facility” means:
(a) A long term care facility as that term is defined in ORS 442.015.
(b) A residential facility as that term is defined in ORS 443.400, including but not limited to an assisted living facility.
(c) An adult foster home as that term is defined in ORS 443.705.
(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 or 353.125.
(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 (7); or
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(b) ORS 410.715.
(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.
(w) Home care worker, as defined in ORS 410.600.
(x) Referral agent, as defined in ORS 443.370.
(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 wellbeing 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;
(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.
(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
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(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]
124.055 Policy.
124.055 Policy. The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of elderly persons, it is necessary and in the public interest to require mandatory reports and investigations of allegedly abused elderly persons. [Formerly 410.620]
124.060 Duty of officials to report; exception.
- 060 Duty of officials to report; exception. (1) Any public or private official having reasonable cause to believe that any person 65 years of age or older with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a person 65 years of age or older, shall report or cause a report to be made in the manner required in ORS
- 065.
(2) Nothing contained in ORS 40.225 to 40.295 affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy or attorney is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295.
(3) An attorney is not required to make a report under this section by reason of information
communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.
(4) The Long Term Care Ombudsman or a designee of the ombudsman is not required to make a report under this section to the extent the report would violate 42 U.S.C. 3058g(d). [Formerly 410.630; 2009 c.708 §2; 2013 c.352 §6; 2019 c.117 §7]
124.065 Method of reporting; content; notice to law enforcement agency and to department.
- 065 Method of reporting; content; notice to law enforcement agency and to department. (1) When a report is required under ORS 124.060, an oral report shall be made immediately by telephone or otherwise to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the elderly person and any persons responsible for the care of the elderly person, the nature and the extent of the abuse (including any evidence of previous abuse), the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.
(2) When a report of a possible crime is received by the department under ORS 124.060, the
department or the designee of the department shall notify the law enforcement agency having jurisdiction within the county where the report was made. If the department or the designee of the department is unable to gain access to the allegedly abused elderly person, the department or the designee of the department may contact the law enforcement agency for assistance and the agency shall provide assistance.
(3) If the department or the designee of the department determines that there is reason to believe a crime has been committed, the department or the designee of the department shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. The law enforcement agency shall confirm to the department or the designee of the department its receipt of the notification.
(4) When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not. The receiving agency shall
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also immediately notify the local office of the department in the county where the report was made. [Formerly 410.640; 2009 c.837 §§10,11]
124.070 Duty to investigate; notice to law enforcement agency and department; written findings; review by district attorney.
- 070 Duty to investigate; notice to law enforcement agency and department; written findings; review by district attorney. (1) Upon receipt of the report required under ORS 124.060, the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced promptly to determine the nature and cause of the abuse. The investigation shall include a visit to the named elderly person and communication with those individuals having knowledge of the facts of the particular case. If the alleged abuse occurs in a residential facility, the department shall conduct an investigation regardless of whether the suspected abuser continues to be employed by the facility.
(2) If the department finds reasonable cause to believe that a crime has occurred, the department shall notify in writing the appropriate law enforcement agency. If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the agency shall notify the department in writing. Upon completion of the evaluation of each case, the department shall prepare written findings that include recommended action and a determination of whether protective services are needed.
(3) After receiving notification from the department that there is reasonable cause to believe that a crime has occurred, a law enforcement agency shall notify the department:
(a) That there will be no criminal investigation, including an explanation of why there will be no criminal investigation;
(b) That the investigative findings have been given to the district attorney for review; or
(c) That a criminal investigation will take place.
(4) If a law enforcement agency gives the findings of the department to the district attorney for
review, the district attorney shall notify the department that the district attorney has received the findings and shall inform the department whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department.
(5) If a district attorney files charges stemming from the findings of the department and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department of the determination and shall include information explaining the basis for the determination. [Formerly
410. 650; 2009 c.837 §§12,13]
124.071 Deadline to complete abuse investigation; exception; written report required
- 071 Deadline to complete abuse investigation; exception; written report required. (1) Investigations commenced by the Department of Human Services pursuant to ORS 124.070 must be completed by the department on or before 120 days after receipt of the report of abuse made under ORS
- 060, unless there is an ongoing concurrent criminal investigation, in which case the department may take a reasonable amount of additional time in which to complete the investigation.
(2) Upon completion of an investigation in accordance with subsection (1) of this section, a written report shall be prepared that includes information as required by rule adopted by the department, including but not limited to the following:
(a) The date and location of the report of abuse and of the incident of abuse that was reported;
(b) The dates that the investigation was commenced and completed and by what entity;
(c) A description of documents and records reviewed during the investigation;
(d) An identification of any witness statements that were obtained during the investigation; and
(e) A statement of the factual basis for any findings and a summary of the findings made as a result of the investigation. [2014 c.104 §2]
124.072 Required disclosure of protected health information to law enforcement agency; liability for disclosure.
- 072 Required disclosure of protected health information to law enforcement agency; liability for disclosure. (1) Upon notice by a law enforcement agency that an investigation into abuse is being conducted under ORS 124.070, and without the consent of the named elderly person or of the named elderly person’s caretaker, fiduciary or other legal representative, a health care provider must:
(a) Permit the law enforcement agency to inspect and copy, or otherwise obtain, protected health information of the named elderly person; and
(b) Upon request of the law enforcement agency, consult with the agency about the protected health information.
(2) A health care provider who in good faith discloses protected health information under this section is not civilly or criminally liable under state law for the disclosure.
(3) For purposes of this section:
(a) “Health care provider” has the meaning given that term in ORS 192.556.
(b) “Protected health information” has the meaning given that term in ORS 192.556. [2012 c.70 §6]
124.073 Training for abuse investigators.
- 073 Training for abuse investigators. (1) The Department of Human Services shall:
(a) Using new or existing materials, develop and implement a training and continuing education curriculum for persons other than law enforcement officers required by law to investigate allegations of abuse under ORS 124.070 or 441.650. The curriculum shall address the areas of training and education necessary to facilitate the skills required to investigate reports of abuse, including, but not limited to, risk assessment, investigatory technique, evidence gathering and report writing.
(b) Using new or existing materials, develop and implement training for persons that provide care to vulnerable persons to facilitate awareness of the dynamics of abuse, abuse prevention strategies and early detection of abuse.
(2) For purposes of this section, “vulnerable person” means a person 65 years of age or older. [2012 c.70 §21]
Note: 124.073 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.
124.075 Immunity of person making report in good faith; identity confidential.
- 075 Immunity of person making report in good faith; identity confidential. (1) Anyone participating in good faith in the making of a report of elder abuse and who has reasonable grounds for making the report shall have immunity from any criminal or civil liability that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report.
(2) The identity of the person making the report shall be treated as confidential information and shall be disclosed only with the consent of that person or by judicial process, or as required to perform the functions under ORS 124.070. [Formerly 410.660; 2005 c.671 §5; 2015 c.179 §5]
124.077 Immunity for disclosure to prospective employer.
- 077 Immunity for disclosure to prospective employer. A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services, a law enforcement agency or a court to have committed abuse under ORS 124.005 to 124.040, 124.050 to
- 095 or 124.100 to 124.140, is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse. [2009 c.837 §14]
Note: 124.077 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.
124.080 Photographing of victim; photograph as record.
- 080 Photographing of victim; photograph as record. (1) In carrying out its duties under ORS
- 070 a law enforcement agency or the Department of Human Services may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the time of the investigation.
(2) For purposes of ORS 124.090, photographs taken under authority of subsection (1) of this section shall be considered records. [Formerly 410.670]
124.085 Catalog of abuse records; confidentiality.
124.085 Catalog of abuse records; confidentiality.
A proper record of complaints made under ORS 124.060 and 124.065 shall be maintained by the Department of Human Services. The department shall prepare reports in writing when investigation has shown that the condition of the elderly person was the result of abuse even if the cause remains unknown. The complaints and investigative reports shall be cataloged under the name of the victim but shall be treated as confidential information subject to ORS
- 090, and shall be disclosed only with the consent of that person or by judicial process. [Formerly
- 680; 2012 c.70 §11]
124.087 Policies and guidelines to plan for development and standardization of certain resources and technologies.
- 087 Policies and guidelines to plan for development and standardization of certain resources and technologies. The Department of Human Services shall adopt policies and guidelines to plan for the development and standardization of resources and technologies to:
(1) Create a database, registry or other electronic record of reports of abuse made under ORS 124.060 and 441.640 and investigations of abuse conducted pursuant to ORS 124.070 and 441.650 with information including, but not limited to:
(a) The date and location of the report of abuse and the incident of abuse that was reported;
(b) If applicable, the date that the initial status report required under ORS 441.650 was completed and a summary of the information required to be contained in the initial status report as set forth in ORS - 650;
(c) The date that the investigation was commenced and by what entity;
(d) Any actions taken during the course of the investigation, including but not limited to the actions required under ORS 441.650 (6);
(e) The date that a written report, including but not limited to the written report required under ORS - 071 and 441.650 (6), was completed and a summary of the information contained in the written report; and
(f) The disposition of the report of abuse or the investigation of the report, including but not limited to the date and time that the investigation, if applicable, was completed and the date that a letter of determination under ORS 441.677 was prepared;
(2) Standardize procedures and protocols for making and responding to reports of abuse made under ORS 124.060 and 441.640;
(3) Standardize procedures and protocols for investigations of reports of abuse conducted pursuant to ORS 124.070 and 441.650; and
(4) Promote and coordinate communication and information sharing with law enforcement agencies regarding reports and investigations of abuse under ORS 124.060, 124.070, 441.640 and 441.650. [2014 c.104 §4]
Note: 124.087 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.
124.090 Confidentiality of records; exceptions.
- 090 Confidentiality of records; exceptions.
(1) Notwithstanding the provisions of ORS - 410 to 192.505, the names of the public or private official or any other person who made the complaint, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection.
(2) Notwithstanding subsection (1) of this section, the Department of Human Services or the
department’s designee may, if appropriate, make the names of the witnesses and the elderly persons, and the reports and records compiled under ORS 124.050 to 123.095, available to:
(a) A law enforcement agency;
(b) A public agency that licenses or certifies residential facilities or licenses or certifies the persons practicing in the facilities;
(c) A public agency or private nonprofit agency or organization providing protective services for the elderly person;
(d) The Long Term Care Ombudsman;
(e) A public agency that licenses or certifies a person that has abused or is alleged to have abused an elderly person;
(f) A court pursuant to a court order or as provided in ORS 125.012; and
(g) An administrative law judge in an administrative proceeding when necessary to provide protective services as defined in ORS 410.040 to an elderly person, when in the best interests of the elderly person or when necessary to investigate, prevent or treat abuse of an elderly person.
(3) Information made available under subsection (2) of this section, and the recipient of the information, are otherwise subject to the confidentiality provisions of ORS 124.050 to
124. 095. [Formerly 410.690; 2001 c.900 §21; 2012 c.70 §12]
124.095 Spiritual treatment not abuse.
124.095 Spiritual treatment not abuse.
An elderly person who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for this reason alone, not be considered subjected to abuse by reason of neglect under ORS 124.050 to 124.095. [Formerly 410.700]
