Wyoming Administrative Code
Agency 038 - Wyoming Gaming Commission
Sub-Agency 0001 - Pari-Mutuel
Chapter 8 - CONDUCT OF RACES
Section 8-21 - Alcohol and Drug Testing of Participants
Universal Citation: WY Code of Rules 8-21
Current through September 21, 2024
(a) Alcohol Prohibition/Breathalyzer Test.
(i) No licensee
or employee of any entity associated with the conduct of a pari-mutuel event
shall have present within his system any amount of alcohol in excess of .05
percent content while on the grounds of a permitted pari-mutuel
event.
(ii) Acting with reasonable
cause, the Stewards or a designated Commission representative may direct any
licensee or employee to submit to a breathalyzer test. The licensee or employee
shall when so directed submit to the examination. If the results show a reading
of .05 percent alcohol content or more, the licensee or employee shall then be
subject to fine or suspension by the Stewards or the Commission. If any
licensee or employee refuses to submit to a breathalyzer test he shall be
subject to a suspension until such time as he does submit to the
test.
(iii) For subsequent
violation the licensee or employee may be subject to Procedures Following
Positive Chemical Analysis (see par. c).(b) Drug Prohibition/Body Fluid
Test.
(b) Drug Prohibition/Body Fluid Test
(i) No licensee or
employee of any entity associated with the conduct of a pari-mutuel event while
on the grounds of a permitted pari-mutuel event shall have present within his
system any controlled substance as listed in schedule(s) I through V of the
U.S. Code, Title 21, or any prescription legend drug unless the prescription
legend drug was obtained directly or pursuant to valid prescription or order
from a duly licensed physician who is acting in the course of his professional
practice.
(ii) Acting with
reasonable cause, the Stewards or a designated Commission representative may
direct any licensee or employee to deliver a specimen of urine in the presence
of Commission authorized personnel or subject himself to the taking of a blood
sample or other body fluids by Commission authorized personnel.
(iii) In such cases the Stewards or the
Commission representative may prohibit the licensee or employee from
participating in the day's racing or until such time as the licensee or
employee evidences a negative test result.
(iv) A sufficient sample shall be collected
to insure a quantity for a split sample when possible.
(v) Refusal by a licensee or employee to
provide the samples as directed shall be in violation of these rules and shall
subject the licensee or employee to sanction by the Stewards or the
Commission.
(vi) All testing shall
be at the expense of the Commission.
(c) Procedures Following Positive Chemical Analysis.
(i) For a licensee's or employee's
first violation he may not be allowed to participate in a pari-mutuel event
until his condition has been professionally evaluated.
(A) After professional evaluation, if the
licensee's or employee's condition proves non-addictive and not detrimental to
the best interest of the event, the licensee or employee shall be allowed to
participate in the event provided he can produce a negative test result and
agrees to further testing at the discretion of the Stewards or designated
Commission representative to insure his unimpairment.
(B) After professional evaluation, should the
licensee's or employee's condition prove addictive or detrimental to the best
interest of the event the licensee or employee shall not be allowed to
participate in the event until such time as he can produce a negative test
result and show documented proof that he has successfully completed a certified
alcohol/drug rehabilitation program approved by the Commission. The licensee or
employee must agree to further testing at the discretion of the Stewards or
Commission representative to insure his unimpairment.
(ii) For a licensee's or an employee's second
violation, he shall be suspended and allowed to enroll in a certified
alcohol/drug rehabilitation program approved by the Commission. The licensee or
employee will be permitted to apply for reinstatement only at the discretion of
the Commission.
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