SUBCHAPTER 19B – COVERED ENTITY TRACKING REQUIREMENTS

14B NCAC 19B .0101       SYSTEM COMPATIBILITY FOR KITS

Any State or local government agency responsible for the production of kits to be used in this State shall produce kits that are compatible with the System. A government agency that contracts for kit production by a vendor shall ensure that the vendor is contractually obligated to meet this requirement.

History Note:        Authority G.S. 114-65; 143B-1201;

Eff. April 1, 2021.

14B NCAC 19B .0102       MEDICAL SERVICE PROVIDERS

(a)  Medical service providers shall:

(1)           In the System, receive all kits used for the collection of physical evidence during forensic medical examinations from the kit vendor;

(2)           make all required data entries in accordance with System guidelines; and

(3)           track all kit transfers from the provider to a law enforcement agency or to Law Enforcement Support Services (LESS) in the System.

(b)  Prior to using any kit that does not already have a tracking number, the medical service provider shall affix a

tracking label received from the Statewide System Administrator.

(c)  The medical service provider shall inform the victim of the North Carolina Department of Justice Sexual Assault Kit Tracking Web Portal found at https://www.sexualassaultkittracking.ncdoj.gov/SexualAssaultKitTracking/ and provide the victim with the kit tracking number to view kit tracking and testing information.

History Note:        Authority G.S. 114-65;

Eff. April 1, 2021.

14B NCAC 19B .0103       LAW ENFORCEMENT AGENCIES

(a)  Each law enforcement agency in the State shall comply with System guidelines to track the:

(1)           receipt of kits by the law enforcement agency from medical service providers or Law Enforcement Support Services (LESS);

(2)           transfer of kits from the law enforcement agency to forensic laboratories; and

(3)           transfer of kits from forensic laboratories back to the law enforcement agency.

Each law enforcement agency shall enter all data in accordance with System guidelines and keep the data updated as the investigation of the incident evolves.

(b)  When a law enforcement agency submits a kit to any private vendor laboratory or any public laboratory outside of North Carolina for forensic testing, the law enforcement agency shall coordinate with that forensic laboratory to ensure that entries for the tracking of the kit are made in the System, in accordance with System guidelines.

(c)  Each law enforcement agency that receives into its custody a kit that does not already have an assigned tracking number shall affix a tracking label received from the Statewide System Administrator.

(d)  Each law enforcement agency shall enter all data from each previously untested kit in its custody into the North Carolina SAKI online data collection tool. Kits entered in the collection tool will be placed into STIMS by the Statewide System Administrator to make them trackable. Each law enforcement agency shall send an e-mail to NCSAKI@ncdoj.gov to gain access to the online data collection tool.

History Note:        Authority G.S. 114-65;

Eff. April 1, 2021.

14B NCAC 19B .0104       LAW ENFORCEMENT SUPPORT SERVICES

Law Enforcement Support Services shall:

(1)           confirm all kits held or received into its custody have tracking labels;

(2)           enter tracking data in accordance with System guidelines; and

(3)           track the subsequent transfer of any kit to a law enforcement agency in the System.

History Note:        Authority G.S. 114-65;

Eff. April 1, 2021.

14B NCAC 19B .0105       FORENSIC LABORATORIES

(a)  Any forensic laboratory in this State that takes custody of a kit for purposes of conducting forensic testing shall:

(1)           Enter the transfer and receipt of the kit in the tracking System in accordance with System guidelines;

(2)           Enter all data on the examination in accordance with System guidelines; and

(3)           Enter the transfer of the kit back to the submitting law enforcement agency in the tracking System in accordance with System guidelines.

(b)  Any forensic laboratory in this State that receives into its custody a kit that does not already have tracking label shall affix a tracking label to the kit received from the Statewide System Administrator.

(c)  North Carolina law enforcement agencies that submit kits to private vendor laboratories or public laboratories outside of this State for purposes of conducting forensic testing shall coordinate with those laboratories to ensure that entries for the tracking of the kit are made in the System in accordance with System guidelines.

History Note:        Authority G.S. 114-65;

Eff. April 1, 2021.

14B NCAC 19B .0106       PREVIOUSLY UNTESTED KITS

(a)  Each covered entity's local administrator shall contact the Statewide System Administrator to obtain tracking labels designated for previously untested kits.

(b)  Covered entities shall comply with System guidelines for submitting data to be used by the Statewide System Administrator to enter previously untested kits in their custody in the tracking System.

History Note:        Authority G.S. 114-65;

Eff. April 1, 2021.