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DEPARTMENT OF HEALTH

Establishment of Minimum Standard Requirements for Sexual Assault Evidence Collection

[47 Pa.B. 7899]
[Saturday, December 30, 2017]

 Section 3 of the Sexual Assault Testing and Evidence Collection Act (act) (35 P.S. § 10172.3) establishes a Statewide sexual assault evidence collection program to be administered by the Department of Health (Department). Under this program the Department is to consult with the Pennsylvania Coalition Against Rape (PCAR) and the State Police 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 to 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 the State Police, established a Sexual Assault Evidence Collection Committee (Committee). The Committee includes representatives of the Department, PCAR, the State Police, the Hospital and Healthsystem Association of Pennsylvania, forensic nurse examiners, members of sexual assault response teams and law enforcement.

 In accordance with the act, the Committee met on September 12, 2017, and reviewed and revised the minimum standard requirements for sexual assault evidence collection in this Commonwealth. The minimum standard requirements established by the Committee should be observed by all health care facilities and child advocacy centers in this 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 28 Pa. Code §§ 117.51—117.58 (relating to sexual assault victim emergency services) ''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].'' Accordingly, this publication shall serve as notice to those hospitals of the minimum standard requirements developed by the Committee and approved by the Department under the act.

 The following minimum standard requirements for sexual assault evidence collection are in effect:

Minimum Standard Requirements
Sexual Assault Evidence Collection Kit Contents

 Step 1 Consent for Collection and Release of Evidence and Information Form

 Step 2 Clothing and Underpants Collection

 Step 3 Oral Assault Collection Samples

 Step 4 Miscellaneous Collection (Debris, Dried Secretions, Tampon/Sanitary Napkin)

 Step 5 Fingernail Swabbings

 Step 6 External Genitalia Collection Sample

 Step 7 Vaginal Assault Collection Samples

 Step 8 Perianal/Rectal Assault Collection Samples

 Step 9 Buccal Swab Collection (for DNA Analysis)

 Step 10 Transfer of Evidence Form

 Any persons who require more information regarding these requirements may contact Beth Zakutney, Sexual Violence Prevention and Education Program Administrator, (717) 547-3234, bzakutney@pa.gov.

 Persons with a disability who require an alternative format of this notice (for example, large print, audiotape, Braille) should contact Garrison E. Gladfelter, Jr., Department of Health, Division of Acute and Ambulatory Care, Room 532, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120-0701, (717) 783-8980, or for speech and/or hearing-impaired persons, call the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).

RACHEL L. LEVINE, MD, 
Acting Secretary

[Pa.B. Doc. No. 17-2185. Filed for public inspection December 29, 2017, 9:00 a.m.]



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