Current through 2024-13, March 27, 2024
1. For the purpose of determining the
presence of any prohibited substance, the Department, at its discretion, may
collect a biological sample from every winning horse in every race or
performance against time. The Presiding Judge or a representative of the
Department, at any race meeting, may order any other horse that has raced or
that has been "declared in" to any race to have a biological sample taken for
the purpose of determining the presence of any prohibited substance.
2. Pre-race testing may be conducted any time
after the horse enters the paddock.
3. A Department representative or the
Presiding Judge may order any horse designated for testing to be offered water
in order to encourage a successful urine collection. Horses will be watered
under supervision of the trainer and Department Veterinarian utilizing watering
containers supplied by the trainer.
4.
State Testing Area
The following rules shall apply to a state testing
area.
A. Every owner, trainer, or
authorized agent of an owner or trainer for any horse or horses programmed to
race shall immediately, whenever provided for in Commission rules, submit the
horse or horses to the Department Veterinarian for such examination or sampling
as the Department Veterinarian may deem advisable.
B. The state testing area will be operated in
accordance with Commission rules and supervised by Department
representatives.
C. Unless
otherwise directed by a Department representative, the winning horse, in every
race and any other horse specified by the Presiding Judge or a Department
representative, shall be taken by an owner, trainer or authorized agent of an
owner or trainer to the state testing area immediately following the race.
Horses may be held in the state testing area for up to one and one-half hours
in order to obtain a biological sample. Compliance with this paragraph shall be
the responsibility of the trainer. Failure to comply is a Level One violation
of Commission rules.
D. A winning
horse claimed in a race, and any other claimed horse specified for examination,
must be taken to the state testing area by the former owner, trainer or that
former owner or trainer's authorized agent and by the successful claimant. The
former owner, trainer or that former owner or trainer's authorized agent and
the successful claimant must be present to observe the procedures and to sign
for the biological sample or samples when taken from the horse. The successful
claimant must then receive the horse. The responsibility for any violation(s) a
rising from the chemical analysis of samples taken from the claimed horse, does
not follow the claimant for the particular race, but remains with the trainer
of the horse at the time raced.
E.
The horse shall remain in the state testing area until released by an
authorized Department representative.
F. No stable equipment other than that
necessary for washing off and cooling out will be permitted in the state
testing area. The trainer or the trainer's authorized agent may perform the
duties of bathing, cooling out and watering the horse.
G. An owner, trainer or authorized agent of a
trainer of a horse in the state testing area may enter for the purpose of
inspecting the horse after making it known to the person in charge of the
testing area. If the service of a veterinarian is required, that service must
be performed in the presence of the Department Veterinarian. No medications,
whether topical, oral, or injectable, shall be administered in the state
testing area, except as administered by the Department Veterinarian.
H. An owner, trainer or authorized agent of a
trainer of any horse being tested must remain with the horse while the test
sample is drawn and witness the sealing of the test sample and any split
sample. Failure to do so is prima facie evidence that the trainer accepts the
validity of the procedure and samples.
5.
Samples -How Taken
Biological samples shall be taken in accordance with
Commission rules and following established protocols.
A. The Department Veterinarian shall make
every reasonable attempt to collect sufficient sample medium to provide for the
necessary analysis and a split sample where applicable.
B. All samples obtained shall immediately be
sealed in a suitable container and witnessed by the trainer or trainer's
authorized agent and certified to by his or her signature.
C. Samples collected for analysis shall be
sent with dispatch to the laboratory designated by the Department.
D. Split samples, when feasible to collect,
shall be retained in accordance with established procedures so as to maintain
the integrity of the sample and the chain of custody.
6.
Out-of-Competition Testing
A. Any horse on the grounds at a racetrack
under the jurisdiction of the Commission, or stabled off association grounds
while under the care or control of trainer or owner licensed by the Commission,
is subject to testing without advance notice.
B. Horses to be tested shall be selected at
the discretion of a Department representative.
C. Trainers shall fully comply with the
instructions of the Commission, which may include but are not limited to the
following: trainers shall present their horse(s) for testing at the specified
time and place mandated by the Commission; testing procedures may be performed
on the grounds of any Commission licensed Association, trainer's training
facility or any other location under Commission jurisdiction. Failure to comply
shall result in the horse(s) being ineligible to race, and shall be considered
a violation equivalent to a Class A violation. It is a defense to any action
brought against an owner and/or trainer that good cause existed that prohibited
the owner and/or trainer from complying with the time limits set forth in this
subsection. The owner and/or trainer has the burden of proving that good cause
existed by a preponderance of the evidence.
D. The Commission may require a licensed
trainer to allow, at any time, the Department Veterinarian accompanied by a
Department Representative, access to a premises where the horse(s) is/are kept
for the purpose of obtaining a blood sample from such horse(s). Such sample(s)
would be for the purpose of "out of competition testing".All such samples
obtained, shall immediately be sealed in a suitable container, and witnessed by
the trainer of record, the authorized and/or certified agent of such trainer,
or both. The proper signatures shall be applied in the presence of a State
Steward for the purposes of the integrity of the chain of custody.
7.
Failure to Allow
Tests. A refusal to allow the taking of a biological sample, or any act
or threat to impede or prevent or otherwise interfere with the taking of a
biological sample is a Level One violation of Commission rule Chapter 17. The
matter shall be referred to the Commission for further review.
8.
Presence of Prohibited Substances -
Procedures
Whenever there is a sample result indicating the presence of
a prohibited substance in violation of these rules, the following procedures
shall apply:
A. In the case of a
pre-race test for the which the results are known prior to a race, the horse
shall be scratched from the race and a report sent to the Department. The
Department will initiate a hearing before the Commission at the earliest
appropriate date.
B. In the case of
a post-race test, the laboratory designated by the Department shall notify the
Department pursuant to the established timeframes. Positive test results shall
be administered in accordance with the following procedures:
(1) The Department shall notify the trainer
of the laboratory findings as soon as feasible.
(2) The Department shall advise the trainer
of his/her right to have a split and/or DNA sample processed, when applicable,
which shall be shipped and tested, at his/her expense, to a laboratory approved
by the Department. The trainer must make such request in writing to the
Department within seventy-two hours of receipt of notification of the primary
testing laboratory's findings.
(4)
When a confirmatory sample is requested, the Department shall cause the split
sample to be shipped in accordance with procedures developed by the Department
to maintain the integrity of the sample and chain of custody to the approved
laboratory as soon as practicable after receiving the written
request.
(5) The Department shall
pursue resolution of the matter consistent with Commission policy and Chapter
17 of the Commission rules at the earliest possible date.
C. The trainer shall cooperate with the
Department Veterinarian accompanied by a State Steward, by:
(1) Assisting in the immediate location and
identification of the horse(s) selected for out-of-competition
testing;
(2) Providing a stall or
safe location to collect the samples;
(3) Assisting in properly procuring the
samples; and
(4) Obeying any
instruction necessary to accomplish the provisions of this rule.
Refusal to comply with the Commission's directives for
obtaining a sample under this rule is a basis for suspension of a trainer's
license.
D. The
collection of blood, urine or hair samples under this rule shall be sufficient
to provide sample matrix for the:
(1) Approved
primary laboratory for screening;
(2) Approved primary laboratory for
confirmation; and,
(3) Approved
laboratory for split sample testing. The Commission shall approve the
laboratories for screening, confirmation, and split sample testing.
E. In the event of an initial
finding of a prohibited substance in violation of Commission rules, the
laboratory shall notify the Commission, both orally and in writing, and an oral
and written notice shall be issued by the Commission to the owner and trainer
or other responsible person no more than seventy-two (72) hours after receipt
of the initial finding.
F. If a
confirmatory test is desired of the third sample, the owner, trainer or other
responsible person shall so notify the Commission in writing within seventy-two
(72) hours after receipt of the written notification of the initial positive
test.