Department of Health Establishment of Minimum Standard Requirements for Sexual Assault Evidence Collection

The Sexual Assault Testing and Evidence Collection Act (Act) establishes a Statewide sexual assault evidence collection program to be administered by the Department of Health (Department). As part of 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 Pennsylvania, to test and approve commercially available rape kits for use in the state and to establish a program to train appropriate personnel in the correct use and application of rape kits.

In consultation with PCAR and the State Police, the Department established the Sexual Assault Evidence Collection Committee (Committee). The Committee is composed of representatives from the Department, PCAR, the State Police, forensic nurse examiners, forensic scientists, sexual assault response teams, law enforcement agencies, and the Commission on Crime and Delinquency.

The Committee met on September 3, 2026, and formulated minimum standard requirements for sexual assault evidence collection in Pennsylvania. The minimum standard requirements established by the Committee should be observed by all health care facilities and child advocacy centers in Pennsylvania, and these facilities and centers should meet or exceed those minimum standard requirements.

All hospitals providing sexual assault emergency services under 28 Pa. Code §§ 117.51—117.58 (relating to sexual assault victim emergency services) are required to use a rape kit that complies with the minimum standard requirements developed by the Department or that is otherwise approved by the Department.

Effective October 1, 2026, the following minimum standards for sexual assault evidence collection apply:

• 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. Reference Sample Buccal Swab Collection (for DNA Analysis)
• Step 5. Miscellaneous Collection (Debris, Dried Secretions, Tampon/Sanitary Napkin, Menstrual Cup, Condom, Transfer DNA Swabbing)
• Step 6. Fingernail Swabbings
• Step 7. External Genitalia Collection Samples
• Step 8. Perianal/Perineum Contact Collection Samples
• Step 9. Anal/Rectal Contact/Penetration Collection Samples
• Step 10. Vaginal/Cervical Contact/Penetration Collection Samples
• Step 11. Transfer of Evidence Form
  

This notice can be found in the September 26, 2026, edition of the Pennsylvania Bulletin.