ORS 430.738: Privileges not applicable to abuse proceedings.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) In the case of abuse of an adult, 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 adult’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 430.735 to 430.765. (2) In any judicial proceedings resulting from a report made pursuant to ORS 430.735 to 430.765, either spouse shall be a competent and compellable witness against the other. (3) As used in this section, “abuse” and “adult” have the meanings given those terms in ORS 430.735. [2021 c.323 §2]
Official history and status
History: Note: 430.738 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Administrative rules citing this section
- OAR 415-012-0052: Onsite Investigations By the Office of Training, Investigations and Safety (OTIS) — implements
- OAR 419-100-0000: Purpose and Scope — implements
- OAR 419-100-0010: Definitions — implements
- OAR 419-100-0020: Training and Qualifications for Individuals Investigating Reports of Alleged Abuse — implements
- OAR 419-100-0060: Death Reporting — implements
- OAR 419-100-0070: Investigation of Alleged Abuse — implements
- OAR 419-100-0080: Abuse Investigation and Protective Services Report — implements
- OAR 419-100-0100: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents — implements
- OAR 419-100-0110: Department Investigation of Alleged Abuse — implements
- OAR 419-100-0120: County Multidisciplinary Teams — implements
This rule cites
- ORS 40.230 — resolved
- 40.255 — resolved
- ORS 430.735 — resolved
- 430.765 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors430.html