C.M.R. 16, 222, ch. 20, app 222-20-A
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 refuse 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 24 hours prior to the hospital examination, collect both urine and blood specimens. If the ingestion is believed to have occurred between 24 and 96 hours prior to the hospital examination, collect only a urine specimen. 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 vaginal swabs, anal swabs, genital/penile swabs, pubic combings, or any other evidence that may be lost during urination/defecation.
When collecting swabbings, make sure to rotate the swabs ensuring that all areas of the swab head come into contact with the surface being swabbed. Swabs must be air dried prior to packaging, 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 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. Only if the patient has reported the alleged offense to law enforcement when the examination is complete, write the patient's name in the space provided on the outer container of the kit.
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 if the potential for cross contamination exists.
If you should have any questions concerning the use of this kit, do not hesitate to 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), also 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 has decided not to report, or is unsure as to whether to file a report with law enforcement, please make him/her 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:
Complete the authorization for collection of evidence form and have patient sign. The form should be retained by the hospital.
Fill out all information requested on both the patient's assault information and the evidence collection inventory forms. One copy should go to each of the following: hospital, law enforcement officer, and crime laboratory.
The Victims' Compensation Board forensic examination claim form has been included in the kit. Fill out all information requested. This form must be completed and submitted to the Office of the Attorney General if compensation is desired. The original should be mailed to the Victims' Compensation Board at the address provided on the form and the copy retained for the medical facility.
C.M.R. 16, 222, ch. 20, app 222-20-A