(1) If a transgender or intersex person is searched under this part, the person may require that the search be conducted by either a male or a female.
(2) If the transgender or intersex person requires that the search be conducted by a male, the person is taken, for this part, to be male.
(3) If the transgender or intersex person requires that the search be conducted by a female, the person is taken, for this part, to be female.