Current through Register Vol. 51, No. 19, September 20, 2024
A. The
stewards or judges may designate a horse entered in a race to give a blood or
urine sample, or both, before or following the race.
B. At the conclusion of each race, urine and
blood samples shall be collected from the winner of the race and any other
horses that the Commission or stewards or judges may direct.
C. The collection of the urine sample shall
be performed by a Commission representative in the presence of the owner,
trainer, or designated representative of the horse being tested.
D. A State veterinarian, in the presence of
the owner, trainer, or designated representative and the Commission
representative, shall verify the horse's identifying tatoo number before taking
a blood sample from the horse.
E.
Failure to allow or cooperate in the taking of a sample, or any act or threat
to impede, prevent, or otherwise interfere with the taking of a sample,
constitutes a violation and subjects the licensee to sanctions as provided in
this chapter.
F. Urine.
(1) Except as provided in §F(2) of this
regulation, after the Commission representative obtains the urine specimen from
the horse, the Commission representative or the detention barn foreman shall
split the specimen into two parts in the presence of the owner, trainer, or
designated representative. One portion shall be delivered to the Commission
laboratory for testing. The remaining portion shall be maintained in the
detention barn until the stewards or judges direct its disposal.
(2) If the quantity of the urine specimen
collected is insufficient to allow for proper testing, the specimen may not be
split.
G. Blood.
(1) After the horse has been washed down, but
not less than 30 minutes following the running of the race, a State
veterinarian shall extract two tubes of blood from the horse.
(2) Of the two tubes of blood drawn under
§G(1) of this regulation, one shall be forwarded to the Commission
laboratory for testing. The remaining tube of blood shall be maintained at the
detention barn until the stewards or judges direct its disposal.
(3) If necessitated by an insufficient
quantity of urine having been obtained, another tube of blood shall be drawn
and forwarded to the laboratory.
H. Split Samples.
(1) The Commission, together with the
applicable association representing a majority of the owners and trainers
racing in Maryland, shall designate laboratories to which split samples of
urine and blood may be sent for confirmatory testing.
(2) Within 72 hours of being notified of a
determination by the Commission laboratory that the testing of the blood or
urine sample evidences the presence of a drug, the owner or trainer of the
horse in question may request that the split sample of urine or blood, or both,
be forwarded to one of the designated laboratories for confirmatory
testing.
(3) Upon a request for
confirmatory testing, before the split sample is forwarded to the designated
laboratory, the owner or trainer and a representative of the Commission shall
execute an agreement that binds the owner or trainer and the Commission to the
designated laboratory's findings. If the owner or trainer declines to execute
the agreement, the split sample may not be forwarded to the designated
laboratory for confirmatory testing.
(4) After testing the split sample, if the
designated laboratory:
(a) Does not confirm
substantially the Commission laboratory's findings, then any allegations that
the drug in question was in the horse's system at the time of the race shall be
dismissed; or
(b) Confirms
substantially the Commission laboratory's findings, then the finding shall be
considered conclusive.
(5) If, for whatever reason, confirmatory
testing is not possible, §H(1)-----(4) of this regulation is of no
effect.
I. The owner or
trainer requesting the confirmatory testing shall bear the costs of the
confirmatory testing.
