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Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 6383. Body cavity search and inspection restrictions

Current as of January 01, 2025 | Updated by Findlaw Staff

<Section 8 of Act 2024, Oct. 29, P.L. 1037, No. 114, provides that such Act shall apply retroactively to June 11, 2024.>

(a) Body cavity search and inspection restrictions.--To the greatest extent possible:

(1) Only a health care professional shall conduct an invasive body cavity search of a pregnant child.

(2) If a search is required, staff shall accommodate the child's stated preference regarding the gender of the staff to be present in the room during the search, except in cases of exigent circumstances as determined by the facility director or designee.

(b) Documentation requirement.--If a health care professional is required to perform an invasive body cavity search on a pregnant child, or the child's stated preference regarding the gender of the staff present in the room during a search while the child is in a state of undress is not met, staff shall submit a written report to the individual in charge of the facility within 72 hours following the body cavity search or inspection. The report under this subsection shall:

(1) Include the justification for performing the body cavity search or failing to honor the child's stated preference regarding the gender of the staff performing the inspection.

(2) Note if any contraband was found on the child.

(3) Be sent to the department.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 6383. Body cavity search and inspection restrictions - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-6383/

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