Sec. 09.10.03.10. Out-of-Competition Testing

A. The Commission may, at a reasonable time on any date, take blood, urine, or other biologic samples from a horse to ensure compliance with applicable medication and anti-doping standards set forth by the Association of Racing Commissioners International, Inc., as such standards may be amended and updated from time to time. The Commission shall own such samples. This regulation authorizes only the collection and testing of samples and does not independently make impermissible the administration to or presence in any horse of any drug or other substance. A race day prohibition or restriction of a substance by the Commission’s regulations is not applicable to an out-of-competition test, unless there is an attempt to race the horse in a manner that violates such regulations.

B. Horses Eligible for Testing.

(1) Any horse that has been engaging in activities related to competing in horse racing in the State may be tested. This includes, without limitation, any horses that are training outside the State to participate in racing in the State, and all horses that are training in the State, but excludes weanlings, yearlings, and horses no longer engaged in horse racing (e.g., retired broodmares).

(2) A horse is presumed eligible for out-of-competition testing if:

(a) It is on the grounds at a racetrack or training center under the jurisdiction of the Commission;

(b) It is under the care or control of a trainer licensed by the Commission;

(c) It is owned by an owner licensed by the Commission;

(d) It is entered or nominated to race at a premises licensed by the Commission;

(e) It has raced within the previous 12 months at a premises licensed by the Commission;

(f) It is nominated to a program based on racing in the State.

(3) The presumptions set forth in this regulation are conclusive in the absence of evidence that a horse is not engaged in activities related to competing in horse racing in the State.

C. Selection of Horses to Be Tested.

(1) Horses shall be selected for sampling by a Commission veterinarian, the Executive Director, an equine medical director, a steward, a presiding judge, or a designee of any of the foregoing.

(2) Horses may be selected to be tested at random, for cause, or as otherwise determined in the discretion of the Commission.

(3) Licensees of the Commission shall cooperate and comply fully with the provisions of this regulation.

(4) Individuals who apply for and are granted a trainer or owner license shall be deemed to have given their consent for access at such premises as their horse may be found for the purpose of Commission representatives collecting out-of-competition samples. Licensees shall take any steps necessary to authorize access by Commission representatives at such premises.

D. Collection of Samples.

(1) Samples shall be taken under the supervision and direction of a person who is employed or designated by the Commission. All blood samples shall be collected by a veterinarian licensed in the State, or by a veterinary technician who is acting under appropriate supervision of the State-licensed veterinarian.

(2) Upon request of a representative of the Commission, the trainer, owner, or their specified designee shall provide the location of their horses eligible for out-of-competition testing.

(3) The Commission or its designees are not required to provide advance notice before arriving at any location, whether or not licensed by the Commission, to collect samples.

(4) The trainer, owner, or their specified designee shall fully cooperate with the person who takes samples for the Commission, including, but not limited to:

(a) Assisting in the immediate location and identification of the horse;

(b) Making the horse available as soon as practical upon arrival of the person who is responsible for collecting the samples;

(c) Providing a stall or other safe location to collect the samples;

(d) Assisting the person who is collecting samples in properly procuring the samples; and

(e) Witnessing the taking of samples including sealing of sample collection containers.

(5) The management and employees of a licensed racetrack or training facility at which a horse may be located shall cooperate fully with a person who is authorized to take samples. The person who collects samples for the Commission may require that the collection be done at a specified location on such premises.

(6) The Commission, if requested and in its sole discretion, may permit the trainer, owner, or their specified designee to present a horse that is located in the jurisdiction, but not at a racetrack or training center licensed by the Commission, to be sampled at a time and location designated by the Commission.

E. The Commission may arrange for the sampling of an out-of-State horse by the Commission or the Commission’s designee if the horse is located in the State. The Commission or its designee shall follow the relevant provisions of this regulation.

F. The test results shall be made available to the Commission, subject to any restrictions on public disclosure of test results that may apply to the Commission.

G. The Commission, if requested and in its sole discretion, may permit the trainer or owner instead to transport the horse into the State for sampling at a time and place designated by the Commission.

H. The individual who takes samples for the Commission shall provide identification and disclose the purpose of the sampling to the trainer or designated attendant of the horse.

I. An owner or trainer does not consent to a search of the premises by making a horse that is not located at a racetrack or training center available for sampling.

J. If the trainer or other custodian of a selected horse refuses or declines to make the horse available for sampling and the managing owner has previously provided the Commission with a means for the Commission to give immediate notification to the managing owner in such situation, then the Commission shall attempt to notify the managing owner and the eligibility of the horse shall be preserved if the managing owner is able to make the horse available for immediate sampling. The Commission is not required to make repeated attempts to notify the managing owner.

K. The chain of custody record for the sample (including a split sample where appropriate) shall be maintained and made available to the trainer, owner, or their designee when a complaint results from an out-of-competition test.

L. The Commission may have out-of-competition samples tested to produce information that may enhance the ability of the Commission to enforce its medication and anti-doping rules.

M. An out-of-competition sample that is found to contain a prohibited substance may be adjudicated in the same manner as a post-race sample that is found to contain a prohibited substance.

N. Split sample rules and procedures for post-race testing shall apply to out-of competition testing.

O. The Commission may use any remaining sample for research and investigation.

P. Willful failure to make a horse available for sampling or other willfully deceptive acts or interference in the sampling process shall constitute a violation of the Commission’s laws and regulations and may be subject to penalties available under the applicable laws and regulations.

Q. A selected horse that is presumed eligible for out-of-competition testing shall be placed on the Steward’s list and will be ineligible to race in the jurisdiction for 180 days if the horse is not sampled due to the trainer’s, owner’s or their designee’s assertion that the horse is not engaged in activities related to competing in horse racing in the State. This restriction does not apply if the trainer, owner, or their designee voluntarily allows an immediate collection of the samples from the horse.