As used in this chapter, unless the context requires otherwise, terms shall have the following meanings:

1. (1) Administrative inspection – a principally visual inspection of a cursory and limited nature to permit the viewing of the contents of packages, containers, and the passenger and trunk area of motor vehicles.
2. (2) Consent – clear, unequivocal and entirely voluntary permission to conduct an administrative inspection or search given by the subject thereof or the controller of property subject thereto.
3. (3) Contraband – any item expressly prohibited or limited in its use, possession or presence on facility grounds by law or by departmental or facility rules, policy or procedures.
4. (4) Department – the Tennessee Department of Mental Health and Substance Abuse Services.
5. (5) Employees – all workers on the staff of any division, facility or office of the department.
6. (6) Exigent circumstances – situations in which facts indicate that immediate action is necessary to prevent danger or to prevent loss or destruction of evidence during the delay required to obtain a warrant.
7. (7) Patients – persons under evaluation, care or treatment in a facility operated by the department for the mentally ill.
8. (8) Probable cause – a factual ground for belief sufficient to cause a reasonably prudent person to conclude that a crime has been or is being committed, or that contraband or evidence of a crime will likely be found in a particular place or area.
9. (9) Residents – persons under evaluation, care, training or treatment in a facility operated by the department for the mentally retarded.

10. (10) Search – Any physical examination of a person or a person’s clothing, or a thorough examination of a package, container, or vehicle.

    1. (a) Frisk search – a search in which a person being searched is not required to remove his or her clothing.
    2. (b) Strip search – a search in which a person being searched is required to remove or rearrange some or all of his or her clothing.
    3. (c) Visual body cavity search – the visual inspection of a person’s body cavities made without touching the person being searched physically or with instruments.
    4. (d) Manual body cavity search – an inspection of mouth, ear, nose, anal or vaginal body cavities performed only by authorized medical or nursing staff utilizing the fingers or appropriate instruments.
11. (11) Visitors – persons other than department employees who enter facility grounds.

Authority: T.C.A. §§ 33-1-203, 33-1-204, and 33-1-205. Administrative History: Original rule filed October 2, 1986; effective November 16, 1986. Administrative corrections made to agency names in December 2022 pursuant to Public Chapter 575 of 2012.