This regulation establishes standards and procedures for handling patients' personal, excess, and storage property and for conducting security inspections and searches at Oregon State Hospital (OSH). It defines categories of property (personal, excess, contraband, prohibited, limited access, unrestricted), specifies patients' rights to possess reasonable personal property, and sets requirements for storage, return of property upon discharge, and management of contraband. Facility operators must maintain accessible storage, document valuables, and follow prescribed procedures when conducting room or personal property searches.
View official sourceOregon Health Authority Health Systems Division: Behavioral Health Services - Chapter 309 Division 108 HANDLING OF PATIENTS’ PROPERTY AND PATIENT SEARCHES 309-108-0000 Purpose and Statutory Authority These rules prescribe the standards and procedures for the handling of patient’s personal, excess or storage property and the security inspection and search procedures for Oregon State Hospital patients. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.321 & 426.385 History: BHS 29-2024, amend filed 11/13/2024, effective 01/14/2025 BHS 19-2024, temporary amend filed 07/19/2024, effective 07/19/2024 through 01/14/2025 BHS 31-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 12-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHD 7-1986, f. & ef. 9-4-86 MHD 30-1982, f. 12-28-82, ef. 1-28-83 309-108-0005 Definitions As used in these rules: (1) “Chief Medical Officer” or “CMO” means the physician or designee appointed pursuant to ORS 426.020 who is responsible for the administration of medical treatment at each state institution and the supervision of physicians and practitioners who are employed by the hospital or are contracted to provide services at the hospital.. (2) “Contraband” means any controlled substance, drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, drug paraphernalia, weapons, unauthorized currency or prohibited items. (3) “Controlled Substance” means a drug or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act, 21 USC 811 to 812, as modified under ORS 475.005 and ORS 475.035. (4) “Cultural Food/Items” means an item that relates to a patient’s cultural or ethnic identity. (5) “Direct Care Staff” means any health care workers, either employed directly or contracted with OSH, who work directly with patients in the hospital, including but not limited to physicians, nurse practitioners, registered nurses, nursing assistants, therapists, and technicians. (6) “Division” means the Oregon State Hospital Division of the Oregon Health Authority. (7) “Drug” means: (a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them; (b) Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals; (c) Substances (other than food) intended to affect the structure or any function of the body of humans or animals, including but not limited to vitamins, supplements, dietary powders, synthetic cathinones, synthetic cannabinoids; or (d) Substances intended for use as a component of any article specified in paragraph (a), (b) or (c) of this subsection; however, the term does not include devices or their components, parts or accessories. (8) “Drug Paraphernalia” means all equipment, products and materials of any kind that are marketed for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of ORS 475.752 to 475.980. (9) “Excess Personal Property” means property which cannot be stored in the designated storage in the patient’s room or personal storage space on the unit. (10) “Gender Identity” means an individual’s gender-related identity, which may be different from the identity that is traditionally associated with the individual’s sex assigned at birth. (11) “Good Faith Belief” means an honest or sincere belief in something. (12) “Harassment” means a patient who is communicating or attempting to communicate with an individual or entity that they are prohibited from contacting by a court order, treatment care plan, or other legal requirement. (13) “Internal Search” means a visual or digital inspection of body cavities for the purpose of detecting contraband. This does not include the visual, non-invasive inspection of an individual’s nostrils, ears, or mouth. (14) “Limited Access Item” means an item that could pose a safety or security risk in the possession of a patient but is permitted for a set duration of time with the prior authorization of OSH staff and, if applicable, with the direct supervision of OSH staff. A limited access item becomes a prohibited item if the patient possesses or uses the item outside of the scope of the authorization or without OSH staff supervision if required. (15) “Metal Detection Screening” means a type of security inspection where an electronic or mechanical device, designed to detect the presence of metal or other substances, is used to scan an individual’s body, extra clothing, items in the patient’s possession and service animal for the purpose of detecting contraband. Examples include but are not limited to an x-ray machine or wand. (16) “No-Contact Search” means a non-invasive search procedure, used in lieu of a traditional pat-down, where the patient will cooperate with OSH staff in searching their clothing and will undergo a metal detection or other scanning technology for screening purposes. No-contact searches may include searching the patient’s extra clothing, items in the patient’s possession and service animal. (17) “Oregon State Hospital” or “OSH” or “hospital” means any campus of the Oregon State Hospital system providing inpatient care and/or treatment to individual who are 18 years or older whether the program where the individual is receiving care and/or treatment is licensed at hospital level of care or other licensed level of care.. (18) “OSH Market” means an on-site retail establishment where patients, family members or friends who are visitors as defined in chapter 309 division 106 may purchase unrestricted items or authorized limited access items for the patient. (19) “OSH Staff” means OSH employees, contractors, interns, and volunteers who have direct or indirect contact with patients. (20) “Package” means any item sent by or received by a patient that does not meet the definition of mail, journalist mail, or legal mail. (a) “Authorized Package” means a package received by OSH for a patient that has been prior authorized under these rules. (b) “Unauthorized Package” any package that is not an authorized package. (21) “Pat-down” means a search procedure in which security staff or direct care staff run their hands over a clothed individual’s body and inspect their clothing (including but not limited to their pockets, cuffs, socks, and outerwear) for the purpose of detecting contraband. Pat-downs may include searching the patient’s extra clothing, items in the patient’s possession and service animal. (22) “Patient” means an individual who is 18 years or older and receiving care and /or treatment at OSH, whether the program where the individual is receiving care and/or treatment is licensed as hospital level of care or other licensed level of care. (23) “Patient Clothing” means an item worn to cover the patient’s body, including but not limited to shoes, head coverings, and outerwear. (24) “Patient Property Room” means a designated area where patients may store personal property in a designated bin that cannot be stored in their room. (25) “Personal Bedding” means two pillows, one blanket or comforter, and one sheet set. (26) “Personal Property” means unrestricted items that belong to the patient that can be kept in the designated storage of the patient’s room or patient property room. (27) “Personal Search” means search procedures where staff physically search an individual’s body and clothing for contraband that goes beyond a security screening, which includes a pat-down, skin search or internal search. Personal searches may include searching the patient’s extra clothing, items in the patient’s possession and service animal. (28) “Prohibited Item” means: (a) Alcohol; (b) Possession of drugs in the patient’s room without authorization by OSH; (c) Any item that reasonably could be used to escape or leave the hospital without authorization; (d) Food stored in the patient room or in the patient’s storage in the patient property room; (e) Any item in the possession of a patient who is prohibited from possessing or using that item in their treatment care plan because it is considered detrimental to their treatment; (f) Excess personal property; (g) Any limited access item in the possession of a patient that exceeds the scope of the authorization or is not being supervised by OSH staff as required; or (h) Any item that could pose a safety or security risk for the hospital. (29) “Reading Materials” means a written or printed work consisting of pages glued or sewn together along one side and bound in covers, such as books or magazines. (30) “Reasonable Cause” means an OSH staff member has knowledge or notice of facts or circumstances and the rational inferences drawn therefrom that would lead a reasonable and experienced OSH staff member to come to a conclusion. (31) “Religious Item” means an item that is associated with the patient’s particular system of faith and worship. (32) “Safety” means protecting the patient and others from potential physical, emotional, or medical harm or preventing the patient from escaping or leaving without authorization, damaging state property, damaging the patient’s or another patient’s property, or committing or attempting to commit a crime. (33) “Search” means a close inspection, including physical contact of a patient, a patient’s personal property, a patient’s excess property, a patient’s storage property, any items in the patient’s possession, or the patient’s service animal. Searches may require the removal and separate inspection of shoes, jackets, purses, bags and other accessories. (34) “Secure Perimeter” means restricted high-security buildings, areas, and quads within the sally port entrances and exits at the state hospital. (35) “Security Inspection” means a visual inspection or a non-invasive inspection using an electronic or metal device (e.g., metal detection screening or wanding) for the purpose of detecting contraband. A security inspection does not involve physical contact with the subject of the inspection. (36) “Security Reason” means protecting the patient from serious and immediate harm, protecting others from harm, threats or harassment, and ensuring the safety and security of the hospital. (37) “Security Risk” means conditions that would pose a risk of harm to the patient, others, or to the hospital. (38) “Security Staff” means OSH staff assigned to the Security Department at OSH. (39) “Service Animal” means an animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals under the Americans with Disabilities Act. (40) “Skin Search” means a personal search procedure where the patient being searched removes all of their clothing and is visually examined and the removed clothing is inspected for the purpose of contraband. (41) “Superintendent” means the executive head of the Oregon State Hospital system or the Superintendent’s designee. (42) “Threat” means the patient expressing an intent to harm, cause alarm to, or intimidate another individual. (43) “Treatment Care Plan” means an individualized and comprehensive written plan of therapeutic interventions designed, in collaboration between the patient and their treatment team, to facilitate rehabilitation of psychiatric symptoms. (44) “Unauthorized Currency” means paper money and coins in the possession of a patient in an amount or in a location not authorized by OSH. (45) “Unrestricted Items” means any item that is not contraband and has been authorized by OSH for the patient’s use or possession. (46) “Wanding” means a type of security inspection where a portable electronic or mechanical device, designed to detect the presence of metal or other substances, is passed in close proximity of an individual’s body, clothing, possessions or service animal for the purpose of detecting contraband. (47) “Weapon” means any item that can be used or modified to be used to harm the patient or others, including but not limited to guns, knives, improvised pointed or bladed instrument, and pepper spray Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.321 & 426.385 History: BHS 29-2024, amend filed 11/13/2024, effective 01/14/2025 BHS 19-2024, temporary amend filed 07/19/2024, effective 07/19/2024 through 01/14/2025 BHS 31-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 12-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHD 7-1986, f. & ef. 9-4-86 MHD 30-1982, f. 12-28-82, ef. 1-28-83 309-108-0010 Patient Personal Property (1) Patients shall have the right to possess and use on each unit reasonable amounts of personal property and unrestricted items. Patients shall not have the right to possess or use contraband or prohibited items. In addition to these rules, OSH maintains a list of items that it has determined pose a safety or security risk to OSH and qualify as contraband, a prohibited item or limited access item under these rules and OSH policies, procedures and directives, which are available at OSH’s website for Policies and Procedures. Patients may also request a paper copy which shall also be posted in areas frequented by patients. (2) OSH shall provide each patient with accessible storage for reasonable amounts of personal property in the patient’s room and in the patient property room. Patients who need specific assistance in exercising the right to retain and use personal property shall receive such assistance. This shall be documented in the treatment care plan. (3) OSH shall designate one or more locations for storage of reasonable amounts of excess personal property, including but not limited to valuables. OSH staff shall work with patients to identify what excess property will be stored or will be given to the patient’s guardian, legal representative, family member, or other individual designated by the patient. Valuables that are stored at the hospital shall be documented by OSH staff and retained in a secure location. (4) Excess property and valuables shall be returned to the patient upon release or discharge, or upon the death of the patient to the patient’s guardian or legal representative, next of kin, or as otherwise required by law. (5) OSH may restrict the amount of currency allowed to be retained by patients on their unit or off of their unit. Unauthorized currency may be stored as excess property, given to an individual listed in section (2) of this rule, or deposited in the patient’s trust account. (6) OSH may conduct a security inspection or search of a patient’s room or living area, a patient’s personal property, a patient’s excess property, a patient’s storage property, any items in the patient’s possession, or the patient’s service animal, for contraband at any time. (7) Upon the completion of a search of a patient’s room, living area, personal property, excess property, or storage property, OSH staff shall return the area to a neat and orderly condition and ensure that any property except for contraband is returned in the same condition. (8) Contraband, including prohibited items, shall be handled as provided in OAR 309-108-0015. (9) A patient may request authorization from OSH to purchase an item through OSH’s ordering system if the OSH Market does not have the desired item. OSH may grant authorization for requests to purchase items if: (a) The item is not contraband, including but not limited to prohibited items; (b) The item is patient clothing, personal bedding, reading material, cultural food/items, or religious items; and (c) The item can be stored in the designated storage areas in the patient’s room or patient property room. (10) The patient may contest the application of these rules under OSH’s grievance and review process in OAR chapter 309, division 118. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.321 & 426.385 History: BHS 29-2024, amend filed 11/13/2024, effective 01/14/2025 BHS 19-2024, temporary amend filed 07/19/2024, effective 07/19/2024 through 01/14/2025 BHS 31-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 12-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHD 7-1986, f. & ef. 9-4-86 MHD 30-1982, f. 12-28-82, ef. 1-28-83 309-108-0015 Procedures for Property (1) All personal property that a patient brings into the hospital at the time of admission must be itemized in writing with an accompanying description, regardless of where or how the item is stored or otherwise disposed. (2) OSH staff shall encourage and assist patients to mark all personal property in such a way which identifies it as an individual patient’s possession. (3) OSH staff shall consult with OSH’s Spiritual Care Department regarding religious items that the patient wants to bring into the hospital upon admission. For safety and security reasons, OSH Security shall review the religious items brought by the patient for contraband. (4) Patient may request religious items from the OSH Spiritual Care Department, which will accommodate the request unless the item is contrary to their treatment plan, is unavailable, cost prohibitive, constitutes contraband, presents a safety or security risk, or otherwise violates applicable OSH policies or rules. (5) OSH staff shall consult with OSH Native Services or the OSH Diversity liaison regarding cultural items that the patient wants to bring into the hospital upon admission. For safety and security reasons, OSH Security shall review the cultural items brought by the patient for contraband. (6) Patient may request cultural items, not constituting contraband, from OSH Native Services or the OSH Diversity liaison, which will accommodate the request unless the item is contrary to their treatment plan, is unavailable, cost prohibitive, constitutes contraband, presents a safety or security risk, or otherwise violates applicable OSH policies or rules. (7) Any medications brought by the patient at the time of admission should be given to the patient’s guardian, legal representative, or family member if possible. If this is not possible, the medication shall be placed in the medical waste barrel for later destruction. Any controlled substances shall be destroyed and logged in the pharmacy record. (8) If OSH identifies a prohibited item in the possession of the patient, in the patient’s room or living area, or in their personal/excess property, OSH shall: (a) Store the item as excess personal property; (b) Provide the item to an individual listed in OAR 309-108-0010(2); or (c) Dispose of any prohibited items that may pose a safety or security risk. Disposal shall be documented and shall be witnessed by two OSH staff members. (9) If OSH identifies any controlled substances, drug paraphernalia, or weapons in the possession of the patient, in the patient’s room or living area, or in their personal/excess property, then OSH shall: (a) Create a chain of custody and hold the item in a secure area; (b) Contact law enforcement and turn over the contraband, if law enforcement is willing to accept it, and document the action taken; (c) If law enforcement declines to investigate further or accept the contraband, then dispose of the contraband in the presence of at least two OSH staff, and document the action taken. (10) If OSH identifies any drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, or unauthorized currency in the possession of the patient, in the patient’s room or living area, or in their personal/excess property, OSH shall: (a) Follow the process in section (8) of this rule if OSH does not have a good cause belief that the drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, or the unauthorized currency are evidence of a crime or attempted crime; or (b) Follow the process in section (9) of this rule if OSH has a good cause belief that the drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, or the unauthorized currency are evidence of a crime or attempted crime. (11) OSH shall develop written procedures for handling missing personal or excess property. These procedures may include the involvement of law enforcement authorities. (12) The patient may contest the application of these rules under OSH’s grievance and review process in OAR chapter 309, division 118. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.321 & 426.385 History: BHS 29-2024, amend filed 11/13/2024, effective 01/14/2025 BHS 19-2024, temporary amend filed 07/19/2024, effective 07/19/2024 through 01/14/2025 BHS 31-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 12-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHD 7-1986, f. & ef. 9-4-86 MHD 30-1982, f. 12-28-82, ef. 1-28-83 309-108-0025 Patient Searches (1) Patients may be subject to a security inspection (visual inspection, metal detection screening, and wanding), routine pat-downs, searches, no-contact searches, skin searches, or internal searches at any time for the purpose of maintaining the safety and security of the hospital. Reasonable cause to believe there is contraband is not required. (2) For security inspection: (a) Patients must be in a single or base level of clothing. (A) All additional items such as hats, gloves, coats, multiple layers of shirts, extra socks and shoes must be removed. (B) Patients must turn out their pockets, and their sleeves and cuffs must be unrolled. (b) 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. (c) For wanding, patients must stand with legs approximately shoulder-width apart and their arms outstretched. (d) 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. (e) Patients may be subject to additional searches if they do not participate with a security inspection, no-contact searches, or as otherwise required or permitted under these rules. (f) 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. (g) 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. (h) 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. (i) 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. (3) Routine pat-downs will occur as follows: (a) Patients must stand with legs approximately shoulder-width apart and their arms outstretched. (b) 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). (c) Pat-downs of patients must occur outside the presence of their peers when possible. (d) A minimum of two OSH staff members, comprised of either security staff or direct care staff, must conduct pat-downs of patients. (e) 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. (f) If a patient expresses a preference for a staff member of their same gender identity to conduct the pat-down: (A) A security staff or direct care staff member of that gender identity must conduct the pat-down. (B) 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. (C) 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. (D) 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. (g) A routine pat-down may occur when: (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; (C) Before a unit search or a patient’s room search; or. (D) In circumstances that security or direct care staff deem necessary for the security of patients and staff. (4) No-contact searches must be conducted as follows: (a) Patient must go through a security inspection prior to a no-contact search. (b) Patients must stand with legs approximately shoulder-width apart and their arms outstretched. (c) 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). (d) No-contact searches of patients must occur outside the presence of their peers when possible. (e) A minimum of two OSH staff members, comprised of either security staff or direct care staff, must conduct no-contact searches of patients. (f) The security staff or direct care staff member performing the no-contact search on the patient must be the same sex as the patient. (g) 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. (A) 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. (B) 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. (C) 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. (5) 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) Skin searches must be conducted within view of the camera surveillance system. (e) Skin searches of patients must occur outside the presence of their peers. (f) A minimum of two OSH staff members must be present to conduct skin searches of patients. (g) Only a physician, nurse practitioner, or registered nurse may conduct a skin search. (h) If available, a physician, nurse practitioner or registered nurse of the same sex as the patient must conduct the skin search. (i) 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. (A) 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. (B) 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. (6) 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) Internal searches must be conducted within view of the camera surveillance system. (d) Internal searches of patients must occur outside the presence of their peers. (e) A minimum of two OSH staff members must be present to conduct internal searches of patients. (f) Only a physician, nurse practitioner, or registered nurse may conduct an internal search. (g) When possible, a physician, nurse practitioner or registered nurse of the same sex as the patient must conduct the internal search. (A) 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. (B) 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. (C) 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. (7) Use of seclusion or restraint: (a) 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. (b) 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. (c) The Chief Medical Officer’s or Superintendent’s written authorization, the facts leading to forming reasonable cause, and outcome of the skin search must be documented in an incident report and progress note. (8) The patient may contest the application of these rules under OSH’s grievance and review process in OAR chapter 309, division 118. Statutory/Other Authority: ORS 179.040, 413.042 & 179.360 Statutes/Other Implemented: ORS 179.321 & 426.385 History: BHS 29-2024, adopt filed 11/13/2024, effective 01/14/2025 BHS 19-2024, temporary adopt filed 07/19/2024, effective 07/19/2024 through 01/14/2025