Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 219 - OFFICE OF THE COMMISSIONER › Chapter 71 - UNIFORM STANDARDIZED FORENSIC EXAMINATION KIT FOR SEXUAL ASSAULT EVIDENCE COLLECTION › INITIAL INSTRUCTIONS

Current through 2024-29, July 17, 2024
This kit is designed to assist the examining health care
				  provider in the collection and preservation of evidentiary specimens from
				  alleged victims of sexual assault for analysis by the appropriate laboratory.
				  The health care provider should use best judgment if deviation from the
				  instructions is necessary. Separate instructions are provided for evidence
				  collection on pre-pubertal children.
When a forensic examination is performed, it is vital that
				  the medical examination and evidence collection procedures be integrated at all
				  times in order to minimize trauma to the patient.
The patient may decline
				  any evidence collection step and has the right to stop the examination at any
				  point during the process.
If the examiner suspects that drugs may have been used to
				  facilitate the alleged assault, the patient should be asked for consent to have
				  a blood and / or a urine sample collected for identification of "rape drugs."
				  Such suspicion may be based on observations or report of drowsiness, memory
				  loss, impaired motor skills, or other symptoms consistent with drug or alcohol
				  ingestion. Due to the time-sensitive nature of these sample types, this sample
				  collection should be given priority. If the ingestion is believed to have
				  occurred within 96 hours prior to the hospital examination, collect both urine
				  and blood specimens. After 96 hours, no urine or blood specimens are necessary.
				  Prior to collecting the urine sample, or if the patient should need to use the
				  restroom at any point during the examination, first collect genital / penile
				  swabs, anal swabs, vaginal / cervical swabs, pubic combings, or any other
				  evidence that may be lost during urination and / or defecation.
When collecting evidence with swabs, make sure to rotate the
				  swabs to ensure that all areas of the swab head come into contact with the
				  surface being swabbed. Swabs must be air dried prior to packaging, with the
				  exception of the Known DNA Collection, which may be packaged immediately using
				  the plastic aerated cap provided. Air drying takes at least 1 hour. Do not use
				  heat. A disposable drying rack is provided to facilitate the drying process.
				  Samples should be dried completely. The time for this process will vary
				  depending on the sample type; however, minimal use of sterile distilled water
				  will improve drying time.
Do not place specimens collected for the medical facility in
				  this kit.
If any of the components have expired prior to the use of
				  the kit, replace with equivalent items from facility stock.
For tracking purposes, each kit is assigned a unique
				  tracking number and contains a group of labels printed with that number. One
				  label should go
on each component
of the kit for chain
				  of custody purposes. Do not identify any component of the kit with the
				  patient's name; use only the tracking labels provided. The patient's name
				  should be written in the space provided on the outer kit container ONLY if the
				  patient has reported the alleged offense to law enforcement (or plans to file a
				  report) and has chosen to not have an "anonymous" kit done.
The health care provider should wear disposable gloves at
				  all times during the examination to minimize the possibility of contamination.
				  Gloves need to be changed and disposed of appropriately throughout the
				  examination to avoid any cross contamination.
If you have any questions concerning the use of this kit,
				  contact the Maine State Police Crime Laboratory in Augusta at 624-7100.
				  Questions concerning the collection of specimens for drug or alcohol testing
				  should be referred to the Health and Environmental Testing Laboratory (HETL) in
				  Augusta at 287-2727.
The evidence collected in this evidence collection kit
				  will only be examined after the patient files a report with law enforcement. If
				  the patient decides not to report, or is unsure whether to file a report, local
				  law enforcement will hold the kit for at least 90 days. Please make the patient
				  aware of the potential deleterious effects of time on specimens collected for
				  detecting drugs and / or alcohol. If the samples are not stored appropriately
				  or examined immediately, scientifically accurate results may not be
				  obtained.
FORMS:
[TICK] Complete the authorization form for collection of
				  evidence and have the patient sign it. The form should be retained by the
				  medical facility and included in the patient's medical records.
[TICK] Fill out
all information
requested on the Patient's Assault Information Form and the Evidence Collection
				  Inventory Form. One copy should go to each of the following: medical facility,
				  law enforcement officer, crime laboratory.
[TICK] A Victims' Compensation Board Sexual Assault Forensic
				  Examination Claim Form is included in this kit. This form must be completed and
				  submitted to the Victims' Compensation Board if compensation is desired. The
				  original should be mailed to the Victims' Compensation Board at the address
				  provided on the form and a copy retained for the medical facility.