ORS 124.088: Certain privileges not grounds for excluding evidence in court proceedings.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) In the case of abuse of an elderly person, the privileges created in ORS 40.230 to 40.255, 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 to 124.095. (2) In any judicial proceedings resulting from a report made pursuant to ORS 124.050 to 124.095, 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. [2021 c.323 §1]
Official history and status
History: Note: 124.088 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.
Administrative rules citing this section
- OAR 410-173-0030: Qualifications for Home and Community Based Services Providers — implements
- OAR 410-173-0030: Qualifications for Home and Community Based Services Providers — authority
- OAR 410-173-0045: Service Reimbursement Documentation Standards — implements
- OAR 410-173-0045: Service Reimbursement Documentation Standards — authority
- OAR 411-020-0000: Purpose and Scope of Program — implements
- OAR 411-020-0002: Definitions — implements
- OAR 411-020-0010: Authority and Responsibility — implements
- OAR 411-020-0020: Reporting of Abuse and Self-Neglect — implements
- OAR 411-020-0025: Multidisciplinary Team (MDT) — implements
- OAR 411-020-0025: Multidisciplinary Team (MDT) — authority
- OAR 411-020-0040: Services Provided — implements
- OAR 411-020-0060: Temporary rule language in effect until 10/27/2026. Screening — implements
- OAR 411-020-0070: APS Consultation — implements
- OAR 411-020-0080: Triage — implements
- OAR 411-020-0085: Law Enforcement Notification — implements
- OAR 411-020-0100: Temporary rule language in effect until 10/27/2026. Community Investigation, Documentation, and Notification — implements
- OAR 411-020-0105: Community Abuse Investigations Review and Due Process — implements
- OAR 411-020-0110: Intervention — implements
- OAR 411-020-0120: Facility Investigation, Documentation, and Notification — implements
- OAR 411-020-0121: Administrative Closure — implements
- OAR 411-020-0123: Accessing Protected Health Information, including Records — implements
- OAR 411-020-0126: Accessing Financial Records — implements
- OAR 411-020-0130: APS Risk Management — implements
This rule cites
- ORS 40.230 — resolved
- 40.255 — resolved
- ORS 124.050 — resolved
- 124.095 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors124.html