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
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