75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2917
 
                         Senate Bill 670
 
Sponsored by Senator WINTERS; Senator KRUSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Adds professions to list of public or private officials
required to report abuse of elderly person or child.
  Exempts privileged communications to psychiatrist or
psychologist from mandatory abuse reporting requirement.
 
                        A BILL FOR AN ACT
Relating to mandatory reporters of abuse; creating new
  provisions; and amending ORS 124.050, 124.060 and 419B.005.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 124.050 is amended to read:
  124.050. As used in ORS 124.050 to 124.095:
  (1) 'Abuse' means one or more of the following:
  (a) Any physical injury caused by other than accidental means,
or which appears to be at variance with the explanation given of
the injury.
  (b) Neglect which leads to physical harm through withholding of
services necessary to maintain health and well-being.
  (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.
  (e) An act that constitutes a crime under ORS 163.375, 163.405,
163.411, 163.415, 163.425, 163.427, 163.465 or 163.467.
  (f) Wrongfully taking or appropriating money or property, or
knowingly subjecting an elderly person or person with a
disability to alarm by conveying a threat to wrongfully take or
appropriate money or property, which threat reasonably would be
expected to cause the person to believe that the threat will be
carried out.
  (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) '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.
  (4) 'Public or private official' means:
  (a) Physician, naturopathic physician, osteopathic physician,
chiropractor { + , physician assistant + } or podiatric physician
and surgeon, 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, county health
department or community mental health and developmental
disabilities program.
  (d) Peace officer.
  (e) Member of the clergy.
  (f) Licensed clinical social worker.
  (g) Physical, speech or occupational therapists.
  (h) Senior center employee.
  (i) Information and referral or outreach worker.
  (j) Licensed professional counselor or licensed marriage and
family therapist.
  (k) Any public official who comes in contact with elderly
persons in the performance of the official's official duties.
  (L) Firefighter or emergency medical technician.
   { +  (m) Psychologist.
  (n) Provider of adult foster care or an employee of the
provider. + }
  SECTION 2. ORS 124.060 is amended to read:
  124.060. 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, while acting in an official capacity,
has suffered abuse, or that any person with whom the official
comes in contact while acting in an official capacity 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 124.065. { +  Nothing
contained in ORS 40.225 to 40.295 affects the duty to report
imposed by this section, except that a psychiatrist or
psychologist is not required to report such information
communicated by a person if the communication is privileged under
ORS 40.225 to 40.295. + }
  SECTION 3. ORS 419B.005 is amended to read:
  419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
  (1)(a) 'Abuse' means:
  (A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
  (B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
  (C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
defined in ORS chapter 163.
  (D) Sexual abuse, as defined in ORS chapter 163.
  (E) Sexual exploitation, including but not limited to:
  (i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; and
  (ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.
  (F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
 
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
  (G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
  (H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
  (I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
  (J) Unlawful exposure to a controlled substance, as defined in
ORS 475.005, that subjects a child to a substantial risk of harm
to the child's health or safety.
  (b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
  (2) 'Child' means an unmarried person who is under 18 years of
age.
  (3) 'Public or private official' means:
  (a) Physician,  { + osteopathic physician, physician assistant,
naturopathic physician, podiatric physician and surgeon, + }
including any intern or resident.
  (b) Dentist.
  (c) School employee.
  (d) Licensed practical nurse   { - or - }  { + , + } registered
nurse { + , nurse practitioner, nurse's aide, home health aide or
employee of an in-home health service + }.
  (e) Employee of the Department of Human Services, State
Commission on Children and Families, Child Care Division of the
Employment Department, the Oregon Youth Authority, a county
health department, a community mental health and developmental
disabilities program, a county juvenile department, a licensed
child-caring agency or an alcohol and drug treatment program.
  (f) Peace officer.
  (g) Psychologist.
  (h) Member of the clergy.
  (i) Licensed clinical social worker.
  (j) Optometrist.
  (k) Chiropractor.
  (L) Certified provider of foster care, or an employee thereof.
  (m) Attorney.
    { - (n) Naturopathic physician. - }
    { - (o) - }  { +  (n) + } Licensed professional counselor.
    { - (p) - }  { +  (o) + } Licensed marriage and family
therapist.
    { - (q) - }  { +  (p) + } Firefighter or emergency medical
technician.
    { - (r) - }  { +  (q) + } A court appointed special advocate,
as defined in ORS 419A.004.
    { - (s) - }  { +  (r) + } A child care provider registered or
certified under ORS 657A.030 and 657A.250 to 657A.450.
    { - (t) - }  { +  (s) + } Member of the Legislative Assembly.
  (4) 'Law enforcement agency' means:
  (a) Any city or municipal police department.
  (b) Any county sheriff's office.
  (c) The Oregon State Police.
  (d) A county juvenile department.
  SECTION 4.  { + The amendments to ORS 124.050, 124.060 and
419B.005 by sections 1 to 3 of this 2009 Act apply to information
about elderly person or child abuse received on or after the
effective date of this 2009 Act. + }
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