Section 0940-02-04-.09 - PROCEDURES FOR SEARCHES OF PATIENTS AND RESIDENTS(1) The person and property of patients and residents shall be subject to search, including strip search, including strip search, upon admission, upon return from leave and at such other times as is determined by designated professional staff to be necessary for the protection of the patient or resident, other patients or residents, or staff of the facility. Any strip or body cavity search of a patient or resident should be conducted by clinical personnel.(2) Except in exigent circumstances, all searches other than those upon admission must be authorized in writing by professional staff designated by the head of the facility to authorize searches of patients or residents. The authorization shall include the justification for the search.(3) If an intrusion on the privacy of the person or property of a patient or resident is incidental to a care-giving activity and not for the primary purpose of discovering contraband or evidence of a crime, such intrusion is not characterized as a search. The need of the patient or resident for services that necessitate such intrusions must be specifically documented in the individual treatment or habilitation plan of the patient or resident, and the continuing need for these services periodically reviewed. Without said documentation, such services must only be performed at the request of or with the competent consent of the patient or resident. In all cases, such services must be performed with consideration, respect and full recognition of the dignity of the patient or resident.Tenn. Comp. R. & Regs. 0940-02-04-.09
: Original rule filed October 2, 1986; effective November 16, 1986.Authority: T.C.A. §§ 33-1-203, 33-1-204 and 33-1-205.