(a) Residents shall be subjected only to the following
searches:
(1) a pat-down or frisk search as necessary for facility
safety and security;
(2) an oral cavity search to prevent concealment of
contraband and to ensure the proper administration of medication;
(3) a strip search in which the resident is required
to surrender their clothing based on the reasonable belief that the
resident is in possession of contraband or if there is reasonable
belief that the resident presents a threat to the facility's safety
and security;
(A) a strip search shall be limited to a visual observation
of the resident and shall not involve the physical touching of a resident;
(B) a strip search shall be performed in an area that
ensures the privacy and dignity of the resident; and
(C) a strip search shall be conducted by a staff member
of the same gender as the resident being searched;
(4) an anal or genital body cavity search only if there
is probable cause to believe that they are concealing contraband;
(A) an anal or genital body cavity search shall be
conducted only by a physician. The physician shall be of the same
gender as the resident, if available;
(B) all anal and genital body cavity searches shall
be conducted in an office or room designated for medical procedures;
and
(C) all anal and genital body cavity searches shall
be documented with the documentation being maintained in the resident's
file.
(b) During searches, the residents shall not be touched
any more than necessary to conduct a comprehensive search.
(c) Every effort shall be made to prevent embarrassment
or humiliation of the resident.
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