Current through Register Vol. 51, No. 19, September 20, 2024
A.
Drug Testing.
(1) The stewards or judges may
direct a licensee to deliver a specimen of urine, or submit to another
noninvasive test, in the presence of the track physician or other
representative appointed by the Commission, for the detection of an
impermissible drug, using as a basis for this directive:
(a) Reasonable cause for any licensee;
or
(b) Random selection for a
licensee who:
(i) As part of the licensee's
duties and responsibilities, comes into contact with a horse; or
(ii) Is employed by the association as a part
of the security force in the backstretch area of the racetrack.
(2) Random drug
testing, as provided by §A(1)(b) of this regulation, may be accomplished
by the:
(a) Testing of all licensees in a
category of licensure;
(b)
Selection by lottery of licensees within a category of licensure; or
(c) Selection of licensees who have a
documented, or otherwise verified, history of prior drug use within the
previous 5 years.
(3)
For the purposes of §A(2)(c) of this regulation, the stewards or judges
may not direct a licensee to submit to a drug test more than once in a calendar
week.
B. A sufficient
quantity of the specimen shall be collected to provide for a split sample when
possible.
C. Refusal to submit a
specimen as directed by the stewards, judges, or designated Commission
representative without good cause shall subject an individual to disciplinary
action as provided in this chapter, and the individual may not be permitted to
continue to function in the individual's licensed capacity pending a hearing on
the matter.
D. The presence of a
drug or the metabolite of a drug in a specimen is considered a positive
specimen, unless it is determined by the stewards, judges, or the Commission
that the presence of a drug or the metabolite of a drug in a specimen was not
due to purposeful use by the licensee.
E. An individual whose specimen is positive
is subject to an evaluation and disciplinary action as provided in this
regulation.
F. Disciplinary Action
and Evaluation.
(1) For an individual's
initial violation under this regulation, the individual shall be suspended
until such time as the individual has been professionally evaluated.
(2) If the professional evaluation indicates
that the individual's condition is nonaddictive and not detrimental to the best
interests of racing, the suspension shall be lifted after the individual:
(a) Provides the results of a drug test which
indicates that the individual presently is drug free; and
(b) Agrees to submit to drug testing at the
direction of the stewards, judges, or designated Commission representative to
ensure a continuing drug-free condition.
(3) If the professional evaluation indicates
that the individual's condition is addictive or detrimental to the best
interests of racing, the suspension remains in effect until such time as the
individual:
(a) Provides documented proof of
successfully completing a certified drug rehabilitation program approved by the
Commission;
(b) Provides the
results of a drug test which indicates that the individual presently is drug
free; and
(c) Agrees to submit to
drug testing at the direction of the stewards, judges, or designated Commission
representative to ensure a continuing drug-free condition.
G. For an individual's second
violation under this regulation, the individual shall be suspended for an
indefinite period and may apply for reinstatement only in the discretion of the
Commission following completion of a certified drug rehabilitation program
approved by the Commission.
