Sec. 09.10.03.05. Drug Prohibition — Humans

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.