Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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Or. Rev. Stat. § 124.050(2), (9).
Or. Rev. Stat. Ann. § 124.100(1)(e).
Or. Rev. Stat. Ann. § 59.485(1), (4).
Or. Rev. Stat. Ann. § 59.480(3).
Or. Rev. Stat. Ann. § 59.495(1)(a)-(b), (2)(a)-b), 3(a)-(c), (4).
Or. Rev. Stat. Ann. § 59.500(1)-(3).
(Mandated? Permissive?)
An individual who is a salesperson, an investment adviser representative, or a person who serves in a supervisory, compliance or legal capacity for a broker-dealer or state investment adviser, or who is otherwise identified in the written supervisory procedures of a broker-dealer or state investment adviser unless employed by a financial institution or trust company. (Mandated)
(Y/N)
Yes, a broker-dealer or state investment advisor may delay. Or. Rev. Stat. Ann. § 59.495(1)(a)-(b).
A delay of a disbursement under this section may not extend beyond the earlier of: (a) Fifteen business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds; or (b) The date on which a determination is made by the broker-dealer or state investment adviser that the disbursement will not result in financial exploitation of the vulnerable person. (3) Notwithstanding subsection (2) of this section, upon request of the Department of Consumer and Business Services, a delay of a disbursement under this section may extend beyond 15 business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds, but not beyond the earliest of: (a) Twenty-five business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds; (b) The date on which an order terminating the delay is entered by a court of competent jurisdiction; or (c) The date on which the department issues an order terminating the delay. (4) The department or a broker-dealer or state investment adviser that initiated a delay of a disbursement under this section may petition a court of competent jurisdiction for an order delaying or enjoining a disbursement of funds or for other protective relief on the grounds that financial exploitation of a vulnerable person is otherwise likely to occur. Or. Rev. Stat. Ann. § 59.495(2)(a)-b), 3(a)-(c), (4).
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 has suffered abuse, or that any person with whom the official comes in contact 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, psychologist, member of the clergy or attorney is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295. An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client. The Long Term Care Ombudsman or a designee of the ombudsman is not required to make a report under this section to the extent the report would violate 42 U.S.C. 3058g(d). Or. Rev. Stat. § 124.060.
Public or Private Official: A physician, naturopathic physician, osteopathic physician, chiropractor, physician assistant or podiatric physician and surgeon, including any intern or resident; licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide or employee of an in-home health service; employee of the Department of Human Services or community developmental disabilities program; employee of the Oregon Health Authority, county health department or community mental health program; peace officer; member of the clergy; regulated social worker; physical, speech or occupational therapist; senior center employee; information and referral or outreach worker; licensed professional counselor or licensed marriage and family therapist; elected official of a branch of government of this state or a state agency, board commission or department of a branch of government of this state or of a city, county or other political subdivision in this state.; firefighter or emergency medical services provider; psychologist; provider of adult foster care or an employee of the provider; audiologist; speech-language pathologist; attorney; dentist; optometrist; chiropractor; personal support worker, as defined in ORS 410.600; home care worker, as defined in ORS 410.600; referral agent, as defined in ORS 443.370; a person providing agency with choice services under section 1 of this 2022 Act. Or. Rev. Stat. § 124.050(9).
Except as provided in subsection (4) of this section, a qualified individual who has reasonable cause to believe that financial exploitation of a vulnerable person with whom the qualified individual comes into contact has occurred, has been attempted or is being attempted shall, as soon as is practicable, notify the Department of Consumer and Business Services, either orally or in writing. Or. Rev. Stat. Ann. §59.485(1).
Qualified Individual: An individual who is: (a) A salesperson; (b) An investment adviser representative; or (c) A person who serves in a supervisory, compliance or legal capacity for a broker-dealer or state investment adviser, or who is otherwise identified in the written supervisory procedures of a broker-dealer or state investment adviser. Or. Rev. Stat. Ann. § 59.480(3).
Subsection (1) of this section does not apply to a qualified individual who is employed by a financial institution or trust company. Or. Rev. Stat. Ann. §59.485(4).
Elderly Person: Any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665. Or. Rev. Stat. § 124.050(2).
Vulnerable Person: An elderly person; a financially incapable person; an incapacitated person; or a person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person’s physical or mental impairment. Or. Rev. Stat. Ann. § 124.100(1)(e).
Yes.
Qualified individuals, broker-dealers and state investment advisers are not liable under state law for the following actions, if performed in good faith, with reasonable cause and with the exercise of reasonable care: (1) Disclosing information under ORS 59.485,59.490 or 59.505; (2) Failing to notify a vulnerable person of a disclosure of information under ORS 59.485,59.490 or 59.505; or (3) Delaying a disbursement under ORS 59.495. Or. Rev. Stat. Ann. § 59.500(1)-(3).
** See Senior Safe Act
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