12VAC35-46-890. Searches.
A. Strip searches and body cavity searches are prohibited.
B. A provider that conducts pat downs shall develop and implement written policies and procedures governing the use of pat downs providing that:
1. Pat downs shall be limited to instances where necessary to prohibit contraband;
2. Pat downs shall be conducted by personnel of the same gender as the resident being searched;
3. Pat downs shall be conducted only by personnel who are specifically trained and authorized to conduct searches by the written policies and procedures; and
4. Pat downs shall be conducted in such a way as to protect the resident's dignity in accordance with 12VAC35-115 and in the presence of one or more witnesses.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.