Or. Admin. Code § 309-108-0025

Current through Register Vol. 63, No. 11, November 1, 2024

Section 309-108-0025 - [Effective until 1/14/2025] Patient Searches

(1) Security inspection and search procedures of patients include: security inspection (visual inspection, metal detection screening, and wanding), no-contact searches, pat-downs, skin searches, and internal searches.

(2) Patients may be subject to a security inspection (visual inspection, metal detection screening, and wanding) at any time for the purpose of maintaining the safety and security of the hospital. Security inspections are conducted as follows:

(a) Patients must be in a single or base level of clothing. All additional items such as hats, gloves, coats, multiple layers of shirts, extra socks and shoes must be removed. Patients must turn out their pockets, and their sleeves and cuffs must be unrolled.

(b) For wanding, patients must stand with legs approximately shoulder-width apart and their arms outstretched.

(c) Patients are required to cooperate with the instructions of security staff or direct care staff in order to facilitate the security inspection process, such as requests to turn out pockets, unroll cuffs, or turn around.

(d) Patients may be subject to searches if they do not participate with a security inspection, or as otherwise required or permitted under these rules.

(3) Patients are subject to routine pat-downs for the purpose of maintaining the safety and security of the hospital. Reasonable cause to believe there is contraband is not required. Routine pat-downs must occur:

(a) Before and after a patient leaves the secure perimeter for any reason, except when conducting a pat-down would delay a patient leaving the secure perimeter to address a medical emergency;

(b) Before and after a patient attends an in-person visitation; and

(c) Before a unit search or a patient's room search.

(4) Patients are subject to a non-routine pat-down if, after conducting a security inspection, security staff or direct care staff have reasonable cause to believe that the patient may have contraband.

(5) Pat-downs must be conducted as follows:

(a) A minimum of two OSH staff members, comprised of either security staff or direct care staff, must conduct pat-downs of patients.

(b) The security staff or direct care staff member making physical contact with the patient to conduct the pat-down must be the same sex as the patient. If patient expresses a preference for a staff member of their same gender identity to conduct the pat-down, a security staff or direct care staff member of that gender identity must conduct the pat-down. However, if a security staff or direct care staff member of the patient's preferred sex or gender identity is not immediately available to conduct the pat-down, a physician, nurse practitioner, or registered nurse, who is not the patient's preferred sex or gender identity, may conduct the pat-down. But if waiting for a physician, nurse practitioner, or registered nurse would pose a safety or security risk, then a security staff or direct care staff member, who is not the patient's preferred sex or gender identity, may conduct the pat-down. Other security staff or direct care staff, who are involved in the pat-down but who are not making physical contact with the patient, do not need to be the patient's preferred sex or gender identity.

(c) Patients must be in a single or base level of clothing. All additional items such as hats, gloves, coats, multiple layers of shirts, extra socks and shoes must be removed. Patients must turn out their pockets, and sleeves and cuffs must be unrolled.

(d) Patients must stand with legs approximately shoulder-width apart and their arms outstretched.

(e) Pat-downs must be conducted within view of the camera surveillance system, except when it is conducted outside of the secure perimeter of the hospital (e.g., on a community outing or outside medical appointment).

(f) Pat-downs of patients must occur outside the presence of their peers when possible.

(g) Patients are required to cooperate with the instructions of security staff or direct care staff in order to facilitate the pat-down process, such as requests to turn out pockets, unroll cuffs, shake out their clothing, or turn around.

(h) Patients may be subject to additional searches if the patient does not participate in the pat-down, or as otherwise required or permitted under these rules.

(i) Security staff or direct care staff may use seclusion or restraint, as permitted in OAR chapter 309, division 112, to conduct a pat-down when staff have reasonable cause to believe the patient is concealing contraband that might pose a safety or security risk to the patient or others.

(6) Patients with no-contact search approval from Risk Review are exempt from routine pat-downs described in section (2) of this rule, except as otherwise described in this rule. No-contact searches must be conducted as follows:

(a) Patient must go through a security inspection prior to a no-contact search.

(b) A minimum of two OSH staff members, comprised of either security staff or direct care staff, must conduct no-contact searches of patients.

(c) The security staff or direct care staff member performing the no-contact search on the patient must be the same sex as the patient. If patient expresses a preference for a staff member of their same gender identity to conduct the no-contact search, a security staff or direct care staff member of that gender identity must conduct the no-contact search. However, if a security staff or direct care staff member of the patient's preferred sex or gender identity is not immediately available to conduct the no-contact search, a physician, nurse practitioner or registered nurse, who is not the patient's preferred sex or gender identity, may conduct the no-contact search. But if the delay from waiting for a physician, nurse practitioner or registered nurse would pose a safety or security risk, then a security staff or direct care staff member, who is not the patient's preferred sex or gender identity, may be used to conduct the no-contact search. Other security staff or direct care staff, who are involved in the no-contact search but who are not inspecting the clothing currently on the patient's body, do not need to be the patient's preferred sex or gender identity.

(d) Patients must be in a single or base level of clothing. All additional items such as hats, gloves, coats, multiple layers of shirts, extra socks and shoes must be removed. Patients must turn out their pockets, and sleeves and cuffs must be unrolled.

(e) Patients must stand with legs approximately shoulder-width apart and their arms outstretched.

(f) No-contact searches must be conducted within view of the camera surveillance system, except when it is conducted outside of the secure perimeter of the hospital (e.g., on a community outing or outside medical appointment).

(g) No-contact searches of patients must occur outside the presence of their peers when possible.

(h) Patients are required to cooperate with the instructions of security staff or direct care staff in order to facilitate the no-contact search process, such as requests to turn out pockets, unroll cuffs, shake out their clothing, or turn around.

(i) Patients may be subject to a pat-down or other searches if they do not participate in the no-contact search, or as otherwise required or permitted under these rules.

(7) Patients are subject to a skin search if, after attempting to conduct a security inspection and pat-down, security staff or direct care staff have reasonable cause to believe that the patient is concealing contraband that might pose a safety or security risk to the patient or others. Skin searches must be conducted as follows:

(a) The Chief Medical Officer or Superintendent must authorize in writing that a skin search may occur before the search is conducted.

(b) After written approval for a skin search, a physician or nurse practitioner must provide a written order for the search.

(c) The rationale for the search, Chief Medical Officer or Superintendent approval, physician or nurse practitioner order, and outcome of the search must be documented in an incident report and a progress note.

(d) A minimum of two OSH staff members must be present to conduct skin searches of patients.

(e) Only a physician, nurse practitioner, or registered nurse may conduct a skin search. If available, a physician, nurse practitioner or registered nurse of the same sex as the patient must conduct the skin search. If the patient expresses a preference for a staff member of their gender identity to conduct the skin search, a physician, nurse practitioner or registered nurse of that gender identity must conduct the search. However, if a physician, nurse practitioner, or registered nurse of the patient's preferred sex or gender identity is not immediately available to conduct the search, then a physician, nurse practitioner or registered nurse, who is not of the preferred sex or gender identity of the patient, may conduct the skin search. Other security staff or direct care staff, who are present for safety during the skin search but who are not making physical contact with the patient, do not need to be the patient's preferred sex or gender identity.

(f) Skin searches must be conducted within view of the camera surveillance system.

(g) Skin searches of patients must occur outside the presence of their peers.

(h) Patients are required to cooperate with the instructions of security staff or direct care staff in order to facilitate the skin search process.

(i) Patients may be subject to additional searches if the patient does not participate in the skin search, or as otherwise required or permitted under these rules.

(j) As permitted in OAR chapter 309, division 112, the Chief Medical Officer or Superintendent may approve in writing the use of seclusion or restraints to conduct the skin search when staff have documented in writing a reasonable cause to believe that the patient is concealing contraband and might pose a safety or security risk to the patients or others.

(k) The Chief Medical Officer or Superintendent authorization, documented reasonable cause, and outcome of the skin search must be documented in an incident report and progress note.

(8) Patients are subject to an internal search if, after attempting to conduct a security inspection, pat-down and skin search, security staff or direct care staff have documented that reasonable cause to believe that the patient is concealing contraband that might pose a safety or security risk to the patient or others. Internal searches must be conducted as follows:

(a) The Chief Medical Officer or Superintendent must authorize in writing that an internal search may occur before the search is conducted.

(b) After written approval for an internal search, a physician or nurse practitioner must provide a written order for the search.

(c) A minimum of two OSH staff members must be present to conduct internal searches of patients.

(d) Only a physician, nurse practitioner, or registered nurse may conduct an internal search. If available, a physician, nurse practitioner or registered nurse of the same sex as the patient must conduct the internal search. If the patient expresses a preference for a staff member of their gender identity to conduct the internal search, a physician, nurse practitioner or registered nurse of that gender identity must conduct the search. However, if a physician, nurse practitioner, or registered nurse of the patient's preferred sex or gender identity is not immediately available to conduct the search, then a physician, nurse practitioner or registered nurse, who is not of the preferred sex or gender identity of the patient, may conduct the internal search. Other security staff or direct care staff, who are involved in the internal search but who are not engaged in the visual or digital inspection of the patient's body cavities, do not need to be the patient's preferred sex or gender identity.

(e) Internal searches must be conducted within view of the camera surveillance system.

(f) Internal searches of patients must occur outside the presence of their peers.

(g) Patients are required to cooperate with the instructions of security staff or direct care staff in order to facilitate the internal search process.

(h) As permitted in OAR chapter 309, division 112, the Chief Medical Officer or Superintendent may approve in writing the use of seclusion or restraints to conduct the internal search when staff have documented in writing a reasonable cause to believe that the patient is concealing contraband and may pose a safety or security risk to the patients or others.

(i) The Chief Medical Officer or Superintendent authorization, documented reasonable cause, and outcome of the internal search must be documented in an incident report and progress note.

(9) The patient may contest the application of these rules under OSH's grievance and review process in OAR chapter 309, division 118.

Or. Admin. Code § 309-108-0025

BHS 19-2024, temporary adopt filed 07/19/2024, effective 7/19/2024 through 1/14/2025

Statutory/Other Authority: ORS 179.040, 413.042 & 179.360

Statutes/Other Implemented: ORS 179.321 & 426.385