16-219 C.M.R. ch. 71
Summary: This chapter defines the uniform forensic examination kit to be used by licensed medical facilities and health care practitioners for evidence collection in alleged cases of sexual assault.
Purpose: This rule will define the contents of the uniform standardized examination kit to be used for forensic evidence collection in alleged cases of sexual assault. The rule will list the contents of the kit, include instructions for administering the kit, and will include a checklist for examiners to follow and enclose with the completed kit.
§ 3. Prepubertal Children Instructions
The forensic examination kit shall include step-by-step instructions for the collection of evidentiary specimens from prepubertal children who are alleged victims of sexual assault and to notify the health care provider utilizing the kit of suggestions and precautions to take during collection of sexual assault evidence from prepubertal children. The step-by-step instructions for prepubertal children are located in Appendix C, which is part of these rules (16‑222 CMR Ch. 20 Appendix C).
§ 5. Patient Information Card
EFFECTIVE DATE:
October 17, 2001 - replaces repealed Chapter 13, "Gross Sexual Assault Standardized Evidence Collection Kit" – filing 2001-434
NON-SUBSTANTIVE CORRECTIONS:
March 17, 2004 - added "C" to last line of Section 9.3.
REPEALED AND REPLACED:
November 28, 2004 – filing 2004-548
REPEALED AND REPLACED:
November 18, 2009 – filing 2009-588
CORRECTION:
March 22, 2010 – grammatical corrections to Appendices B and C
Moved to 16-219 Chapter 71, Office of the Commissioner:
REPEALED AND REPLACED:
July 3, 2016 – filing 2016-109
AMENDED:
July 17, 2018 – filing 2018-167
APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 22, 2025
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:
Step 1. ORAL SWABS
Carefully swab the buccal area and gum line using the two swabs simultaneously. Be sure to collect the swabs from the upper and lower buccal areas and the gum line, rotating the swabs during collection.
Allow the swabs to air dry, then place the swabs in the swab box and check “Oral”.
Step 2. KNOWN DNA COLLECTION
NOTE: Have the patient rinse his / her mouth with water prior to completing this step.
Remove the components from the envelope. Open the swab protector and slide the protector back to expose the swab head.
Using the swab, vigorously swab the inside of both of the patient’s cheeks for 5 to 10 seconds.
Pull the swab head back into the protector and re-close the protector around the swab head.
Step 3. FINGERNAIL CLIPPINGS / SWABS
Remove the folded paper from the envelope and place, unfolded, on a flat surface.
Hold the patient’s hands over the paper and gently clip the entire nail, allowing the clippings to fall on the paper.
Refold the paper so as to retain the fingernail clippings.
If the patient declines clippings, use one of the swabs to swab under the fingernails of the right hand and the other swab to swab under the fingernails of the left hand. Allow the swabs to air dry, then place the swabs in the swab box and check “Fingernails”.
Step 4. KNOWN HEAD HAIR SAMPLE
Remove the folded paper from the envelope and place, unfolded, on a flat surface.
Run a gloved hand through the patient’s hair, gently removing 10-12 hairs (total) from various scalp locations (front, top, sides, and back of head). The patient may be more comfortable performing this step himself or herself. If the required number of hairs is not collected, have the patient pull the additional required hairs. Alternatively, the hairs may be cut close to the scalp.
Place the hairs in the center of the paper and refold so as to retain the hairs.
Step 5. DEBRIS COLLECTION
Remove the folded paper from the envelope and place, unfolded, on a flat surface.
Collect any debris present on the patient and place in the center of the paper. Fold the paper so as to retain the debris.
Identify the location from which the samples were removed on the anatomical drawings on the envelope.
Step 6. DRIED SECRETIONS / MISCELLANEOUS SWABS
Lightly moisten two of the provided swabs with sterile / distilled water and thoroughly swab the dried secretion with both swabs.
Allow the swabs to air dry, then place the swabs in one of the swab boxes provided.
Mark on the swab box if the swabs are suspected semen, saliva, blood, or other. If other, please describe.
Identify the location from which the samples were removed on the anatomical drawings on the envelope.
If additional swabs are necessary, lightly moisten the other swabs with a minimal amount of sterile / distilled water and thoroughly swab the area making sure to rotate the swabs during the collection procedure. Allow the swabs to air dry, then place the swabs in the other swab box and check “Other”. Identify the sample on the line provided and write the area of the patient’s body from which the sample was obtained.
Step 7. PUBIC COMBING
Remove the folded paper and comb. Unfold the paper and place it under the patient’s buttocks.
Comb the pubic hair in downward strokes to allow any debris or loose hairs to fall onto the paper.
Remove the paper from under the patient, place the comb in the center of the paper, and refold so as to retain the comb and any evidence collected.
If the patient has a shaved pubic area, DO NOT pluck the hair. Observe the area carefully for any pubic hairs. If found, place in the folded paper and document on the envelope that a foreign pubic hair was found on the patient’s shaved pubic area.
Step 8. KNOWN PUBIC HAIR SAMPLE
NOTE: Skip this step if the patient shaves his or her pubic area.
Remove the folded paper from the envelope and place, unfolded, on a flat surface.
Remove 3-5 hairs (total) from various regions of the pubic area by cutting the hairs close to the skin. The patient may be more comfortable performing this step himself or herself.
Place the hairs in the center of the paper and refold so as to retain the hairs.
Step 9. GENITAL / PENILE SWABS
Lightly moisten the swabs provided with 1-2 drops of sterile / distilled water.
Holding the swabs together, briskly swab the external genitalia from the mons to the perineum, including along the folds between the labia majora and the labia minora in the female patient. Be sure to rotate the swabs during the collection procedure. With the male patient, swab the entire penis and scrotum. Retract the foreskin if uncircumcised.
Allow the swabs to air dry, then place the swabs in the box and check “Genital / Penile”.
Step 10. ANAL SWABS
If necessary, lightly moisten the swabs with a minimal amount of sterile / distilled water for the comfort of the patient.
Carefully swab the anus using the two swabs simultaneously.
Allow the swabs to air dry, then place the swabs in the swab box and check “Anal”.
Step 11. VAGINAL / CERVICAL SWABS
Carefully swab the vaginal vault (including the fornix) and cervix using the two swabs simultaneously. Swabbing the cervix is particularly important if more than 12 hours have passed since the assault. Do not swab the os.
Place the swabs in the swab box and check “Vaginal / Cervical.”
Step 12. MISCELLANEOUS EVIDENCE
Collect the item and allow it to air dry if necessary. When dry, place in the paper bag.
Step 13. URINE SPECIMEN
Using normal medical procedure and one 100 ml sterile urine collection container from facility stock, collect a 100 ml urine sample.
Attach a tracking label to the container and close it tightly.
Seal the container with evidence tape, place the container in the ziplock bag, and close the bag.
Place on ice until the packaging of specimens is done at the end of the forensic examination.
When packaging, place the ziplock bag with the urine container in the urine collection box.
Seal the box, attach a tracking label and the biohazard and urine stickers, and fill out all information requested.
DO NOT PLACE THE BOX CONTAINING THE URINE SPECIMEN BACK IN THE KIT. Instead, use the packaging materials provided. Instruct law enforcement to freeze the urine until transport to HETL for analysis.
Step 14. BLOOD SPECIMEN
Using normal medical procedure and appropriate blood collection tubes, withdraw a sample from the patient allowing the blood tubes to fill to maximum volume. Attach a tracking label to the blood tubes.
Place the tubes in the enclosed bubble pack and seal.
Place on ice until the packaging of specimens is done at the end of the forensic examination.
When packaging, place the bubble pack in the blood collection box.
Seal the box, attach a tracking label and the biohazard and blood stickers, and fill out all information requested.
DO NOT PLACE THE BOX CONTAINING THE BLOOD SPECIMENS BACK IN THE KIT. Instead, use the packaging materials provided. Instruct law enforcement to refrigerate (not freeze) the blood until transport to HETL for analysis.
If questions arise during the collection of evidence from prepubertal children, please contact the Spurwink Child Abuse Program at 1-800-260-6160.
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 child.
If the alleged perpetrator is a pre-pubertal child, the Office of Child and Family Services should be notified at 1-800-452-1999 (Voice) 711 (TTY). The State of Maine's child abuse hotline is staffed 24 hours a day.
If the assault or last sexual contact occurred within 72 hours prior to the hospital visit, or if the time frame cannot be determined, physical evidence from adolescents (13 years or older) can be collected utilizing the uniform standardized forensic examination kit, according to the instructions given for adults. However, physical evidence from pre-pubertal children should be collected using the following instructions:
Step 1. ORAL SWABS
Carefully swab the buccal area and gum line using the two swabs simultaneously. Be sure to collect the swabs from the upper and lower buccal areas and the gum line, rotating the swabs during collection.
Place the swabs in the swab box and check “Oral”.
Step 2. KNOWN DNA COLLECTION
NOTE: Have the patient rinse his / her mouth with water prior to completing this step.
Open the swab protector and slide the protector back to expose the swab head.
Using the swab, vigorously swab the inside of both cheeks for 5 to 10 seconds.
Pull the swab head back into the protector and re-close the protector around the swab head.
Step 3. FINGERNAIL CLIPPINGS / SWABS
Remove the folded paper from the envelope and place, unfolded, on a flat surface.
Hold the patient’s hands over the paper and gently clip the entire nail, allowing the clippings to fall on the paper.
Refold the paper so as to retain the fingernail clippings.
For young children, use one of the swabs to swab under the fingernails of the right hand and the other swab to swab under the fingernails of the left hand. Allow the swabs to air dry, then place the swabs in the swab box and check “Fingernails”.
Step 4. KNOWN HEAD HAIR SAMPLE
Step 5. DEBRIS COLLECTION
Remove the folded paper from the envelope and place, unfolded, on a flat surface.
Collect any debris present on the patient (including the thighs and external genitalia) and place in the center of the paper. Fold the paper so as to retain the debris.
Identify the location from which the samples were removed on the anatomical drawings on the envelope.
Step 6. DRIED SECRETIONS / MISCELLANEOUS SWABS
Lightly moisten two of the provided swabs with sterile / distilled water and thoroughly swab the dried secretion with both swabs.
Allow swabs to air dry, then place the swabs in one of the swab boxes provided.
Mark on the swab box if the swabs are suspected semen, saliva, blood, or other. If other, please describe.
Identify the location from which the samples were removed on the anatomical drawings on the envelope.
If additional swabs are necessary, lightly moisten the other swabs with a minimal amount of sterile / distilled water and thoroughly swab the area making sure to rotate the swabs during the collection procedure. Place the swabs in the other swab box and check “Other”. Identify the sample on the line provided and write the area of the patient’s body from which the sample was obtained.
Step 7. PUBIC COMBING
Step 8. KNOWN PUBIC HAIR SAMPLE
Step 9. GENITAL / PENILE SWABS
Lightly moisten the swabs provided with 1-2 drops of sterile / distilled water.
Holding the swabs together, gently swab the external genitalia from the mons to the perineum, including along the folds between the labia majora and the labia minora in the female patient. Be sure to rotate the swabs during the collection procedure. With the male patient, swab the entire penis and scrotum. Retract the foreskin if uncircumcised.
Allow the swabs to air dry, then place the swabs in the swab box and check “Genital / Penile”.
Step 10. ANAL SWABS
If necessary, lightly moisten the swabs with a minimal amount of sterile / distilled water for the comfort of the patient.
Carefully swab the anus using the two swabs simultaneously.
Allow the swabs to air dry, then place the swabs in the swab box and check “Anal”.
Step 11. VAGINAL SWABS
NOTE: NEVER use a speculum of any size on a pre-pubertal child.
For pre-pubertal females, some young adolescent females, and for the female patient who is too traumatized or anxious to have a vaginal examination, evidence specimens can be obtained by gently swabbing the perineum, inner thighs, and external genitalia (including the sulcus, fossa navicularis, and posterior fourchette) using two swabs slightly moistened with sterile / distilled water.
Unless there is evidence of penetrating trauma in the pre-pubertal female, it is not necessary to collect vaginal swabs. If there has been penetrating trauma, vaginal swabs can be obtained during the repair of the trauma while the child is anesthetized. Attempts to collect vaginal swabs on the pre-pubertal female can result in hymenal and / or vaginal trauma that may mimic abuse.
Carefully swab the vaginal vault using the two swabs simultaneously.
Allow the swabs to air dry, then place the swabs in the swab box and check “Vaginal / Cervical.”
Step 12. MISCELLANEOUS EVIDENCE
Collect the item and allow it to air dry if necessary. When dry, place in the paper bag.
Steps 13 and 14. URINE and BLOOD SPECIMENS
Attach a tracking label to the patient information card and give it to the patient prior to discharge.
Ensure all forms have been filled out completely. Separate the forms, retaining the appropriate copies for the medical facility records. The law enforcement copies and the crime laboratory copies of the forms should be sealed in the container attached to the back of the kit.
Check all envelopes and clothing bags to ensure they are sealed and labeled, and all information requested has been completed.
Do not use staples to seal any evidence containers.
Do not lick the seals of the envelopes. All envelopes are self-sealing.
Return the envelopes and small bags containing collected evidence items to the kit box. The large bags containing collected evidence items should be packaged separately. Foreign material collection may be packaged in the kit box if there is sufficient space; otherwise package this item separately with the large bags.
DO NOT PLACE UNUSED COMPONENTS IN THE KIT BOX.
Fill out all requested information in the “For Medical Facility Personnel” section on the kit box top. If the patient has decided not to report the alleged assault to law enforcement, do not fill in the patient’s name.
Affix the “Biohazard” label where indicated.
Affix the “Minor” label where indicated if the kit was collected from a minor.
Affix the “Evidence” seals where indicated on the sides of the box. Initial and date partially on and partially off the seal.
Give the clothing bags, urine / blood specimens if collected, and the sealed kit to the law enforcement officer as follows:
Notify the law enforcement officer if any components of the kit, specifically tampons or sanitary napkins, have not been air-dried completely. Such items should be frozen for long-term storage.