ORS 124.115¹
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]

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 (Financial abuse subject to action). Gattuccio v. Averill, 273 Or App 126, 362 P3d 691 (2015)

1 Legislative Counsel Committee, CHAPTER 124—Abuse Prevention and Reporting; Civil Action for Abuse, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors124.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 124, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano124.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information