1756 Establishment of minimum standard requirements for sexual assault evidence collection

DEPARTMENT OF HEALTH

Establishment of Minimum Standard Requirements for Sexual Assault Evidence Collection

[38 Pa.B. 5369]
[Saturday, September 27, 2008]

   On November 29, 2006, Governor Edward G. Rendell approved the Sexual Assault Testing and Evidence Collection Act (Act) (35 P. S. §§ 10172.1--10172.4). Section 3 of the act establishes a Statewide sexual assault evidence collection program to be administered by the Department of Health (Department). See 35 P. S. § 10172.3. Under this program the Department is to consult with the Pennsylvania Coalition Against Rape (PCAR) and the Pennsylvania State Police (PSP), to develop and review on a scheduled basis the minimum standard requirements for all rape kits used in hospitals and health care facilities in this Commonwealth, to test and approve commercially available rape kits for use in this Commonwealth and establish a program to train appropriate personnel in the correct use and application of rape kits.

   Under the act, the Department, in consultation with PCAR and PSP, established a Sexual Assault Evidence Collection Committee (SAEC). The SAEC included representatives of the Department, PCAR, PSP, the Hospital and Healthsystem Association of Pennsylvania (HAP), forensic nurse examiners, members of sexual assault response teams (SART) and law enforcement.

   In accordance with the act, the SAEC formulated minimum standard requirements for sexual assault evidence collection in the Commonwealth. Beginning October 1, 2008, the minimum standards requirements established by the SAEC should be observed by all health care facilities and child advocacy centers in the Commonwealth, and these facilities and centers should meet or exceed those minimum standard requirements.

   Under 28 Pa. Code § 117.52(a)(1) (relating to minimum requirements for sexual assault emergency services), all hospitals providing sexual assault emergency services under the Department's Sexual Assault Victim Emergency Services regulations (28 Pa. Code §§ 117.51--117.58) ''shall utilize a rape kit that complies with the minimum standard requirements developed by the Department or that is otherwise approved by the Department under the [Act].'' See 28 Pa. Code § 117.52(a)(1). Accordingly, this publication shall serve as notice to those hospitals of the minimum standard requirements developed by the Department under the act.

Minimum Standard Requirements
Sexual Assault Evidence Collection Kit Contents

PACKAGING: 1 Sealed Kit

STEP 1: Consent for Collection and Release of Evidence and Information.

STEP 2: 1 Paper Drop Sheet located in bag labeled ''Foreign Material.''

   4 Total Clothing Bags.

   1 Bag labeled ''UNDERPANTS.''

      *  One flat bottom small bag.

   3 Bags labeled ''CLOTHING.''

      *  One flat bottom small bag.

      *  Two medium bags.

   1 Unsealed Self-Adhesive Envelope.

STEP 3: ORAL ASSAULT COLLECTION SAMPLES.

      *  One slide with frosted ends in plastic case.

      *  One set of sterile swabs.

      *  One box with hole, to mark ''Oral.''

   1 Unsealed Self-Adhesive Envelope.

STEP 4: MISCELLANEOUS COLLECTION.

      *  One piece folded paper.

      *  One set of sterile swabs.

      *  One box with hole.

      *  Wax paper bag for collection of tampon or sanitary napkin.

   1 Unsealed Self-Adhesive Envelope.

STEP 5:  FINGERNAIL CLIPPINGS/SCRAPINGS.   

      *  Clippers.

      *  Two folded pieces of paper.

      *  Two nail scrapers.

   1 Unsealed Self-Adhesive Envelope.

STEP 6: PUBIC HAIR COMBINGS.

      *  Plastic comb.

      *  Folded paper.

   1 Unsealed Self-Adhesive Envelope.

STEP 7: VAGINAL ASSAULT COLLECTION
SAMPLES.

      *  Two sets of sterile swabs.

      *  One slide with frosted ends in plastic case.

      *  Two boxes with holes; one to mark ''Vaginal'', one to mark ''Cervical.''

   1 Unsealed Self-Adhesive Envelope

STEP 8: RECTAL ASSAULT COLLECTION   
SAMPLES.

      *  One set of sterile swabs.

      *  One slide with frosted ends in plastic case.

      *  One box with hole, to mark ''Rectal.''

STEP 9: BUCCAL SWAB COLLECTOR.

      *  Bode's integrated Buccal DNA Collector only.

STEP 10: TRANSFER OF EVIDENCE/CHAIN OF   CUSTODY FORM.

OTHER REQUIRED CONTENTS.

   -  Collection instructions, available at www.health.state. pa.us/saforms

      *  How to collect each sample.

      *  When to collect each sample.

   -  One (1) biohazard sticker.

      *  To be used on outside of box after collection.

   -  Six (6) Evidence Tape Seals.

      *  Two (2) to be used to seal the kit (Across bottom of kit attached to each side of lid).

      *  Four (4) to be used to seal the bags for Step 1: Clothing and Underpants (Fold tops of bags and tape shut).

ADDITIONAL CONSIDERATIONS

   **  Optional forms for use in documenting consent and findings can be found at: www.health.state.pa.us/saforms

   **  All packaging in kit must have sufficient space to write the patient's name, the date and time of collection of the item, and the initials of the person collecting the item. If a sample is not collected, the reason why a sample is not being collected.

   **  Kit box: Cover should have area for recording victim's and healthcare providers' names; whether tampon/sanitary napkin is included in kit; and chain of custody information. The two sides of the kit should have areas outlined where the seal included in the kit should be attached to properly seal the kit. The bottom end of the kit should have an area outlined where a label generated by the laboratory could be placed.

   **  Do not collect clothing if victim changed clothes prior to exam.

   **  All boxes with holes would have check-off for ''Oral, Cervical, Rectal, Vaginal.''

   **  Fingernail clippings preferred as provides a better visual aid for lab analysis. Recommend collection of this evidence even if patient cannot remember scratching perpetrator.

   **  Pubic hair--Collect if genital and/or rectal contact.

   **  Vaginal and Cervical evidence should be collected even if patient not sure of the method of assault.

   **  Slides should be prepared using ''S'' method.

   **  Vaginal/Cervical swabs and smears can be collected separately but included in the same envelope since they are both collected as evidence of a vaginal assault.

   **  Rectal assault collection samples. Note: Encourage collection since leakage from vaginal cavity to rectal cavity possible even without rectal penetration.

   **  Penile swabs, if indicated, can be collected in any of the available envelopes and the envelope relabeled to indicate penile swab.

   **  Buccal Swab Collector. Note: Rinse mouth thoroughly with water before swabbing for Patient's DNA sample. PSP Lab recommends that buccal swab be the last step in the examination for the best sample of the patient's DNA.

   Persons with a disability who require an alternative format of this notice (for example, large print, audiotape, Braille) should contact Sandra Knoble, Department of Health, Division of Acute and Ambulatory Care, Room 532, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120-0701, [phone] or for speech and/or hearing impaired persons V/TT [phone] or the Pennsylvania AT&T Relay Services at [phone].

CALVIN B. JOHNSON, M. D., M.P.H.,   
Secretary

[Pa.B. Doc. No. 08-1756. Filed for public inspection September 26, 2008, 9:00 a.m.]