Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 508 - SUBSTANCE ABUSE › Section 508.50 - Licensee Subject to Testing

Current through Register Vol. 48, No. 28, July 12, 2024
a) No licensee shall have present in his or
			 her body, or possess or use on the grounds of any race track, any controlled
			 substance or any prescription drug unless the substance was obtained directly,
			 or pursuant to a valid prescription or order, from a licensed physician, while
			 acting in the course of his or her professional practice.
b) Each licensee at a race track or other
			 facility under the jurisdiction of the Board may be subject to a drug test at
			 any time while within the enclosure of any race track or other facility, at the
			 direction of the Stewards or Executive Director or designee, if there is
			 individualized suspicion that a licensee is possessing or using any controlled
			 substance or any drug in violation of any federal or State law. This provision
			 notwithstanding, specific categories of occupation licenses are subject to
			 random drug testing pursuant to Section
			 508.80. Failure to
			 submit to or complete a drug test at the time, location and manner directed by
			 Board personnel shall constitute a refusal to be tested. Any licensee who fails
			 to submit to or complete a drug test shall be immediately suspended for no more
			 than 30 days and shall not be allowed to participate at any race track under
			 the jurisdiction of the Board until a negative test result is achieved. A
			 licensees' refusal to test shall subject the licensee to the penalties in
			 Section
			 508.60.
c) Each specimen received from a licensee
			 shall be divided into two separate parts. One portion designated as the referee
			 sample, shall be available for testing upon the request of the individual who
			 provided the specimen. The referee sample may also be tested by the laboratory
			 with the consent of the individual who provided the specimen. The other portion
			 of the sample shall be known as the laboratory sample and shall be tested by
			 the laboratory. The cost of testing the referee portion shall be borne by the
			 person requesting the additional test.
d) After the specimen has been taken from a
			 licensee and analyzed by an accredited laboratory approved by the Board, the
			 laboratory shall make a positive test finding. The Board shall consider both
			 the initial test level and confirmatory test level for controlled substances or
			 prescription drugs, pursuant to the Mandatory Guidelines for Federal Workplace
			 Drug Testing (Substance Abuse and Mental Health Services Administration
			 available at
http://www.workplace.samhsa.gov
)
			 when determining a positive for a controlled substance that is included in the
			 federal guidelines.
e) A confirmed
			 positive for an illegal drug, controlled substance or prescription drug result
			 shall be reported, in writing, to the Stewards. On receiving written notice
			 from the laboratory that a sample has been found positive for an illegal drug,
			 controlled substance or prescription drug, the Stewards shall notify the
			 individual of the test results.
f)
			 Upon receipt of a notice of positive test finding, the stewards shall conduct
			 an inquiry at which the individual with notice of a positive test finding shall
			 have the opportunity to be heard. Further, any individual with notice of a
			 positive test finding may challenge his or her particular test or test result
			 by having a portion of the sample tested at the laboratory of his or her
			 choice. Any individual contesting the tests or test results may request a
			 hearing before the Board as set forth in 11 Ill. Adm. Code 204.