Louisiana Administrative Code › Title 35 - HORSE RACING › Part I - General Provisions › Chapter 17 - Corrupt and Prohibited Practices › Section I-1791 - Testing for Dangerous Substance Abuse

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person licensed by the commission shall
				use any controlled dangerous substance as defined in the "Louisiana Controlled
				Dangerous Substance Act,"R.S.
				40:961 et seq., or any prescription legend
				drug, unless such substance was obtained directly, or pursuant to a valid
				prescription or ordered from a licensed physician, while acting in the course
				of his professional practice. It shall be the responsibility of the person
				licensed by the commission to give notice to the state steward that he is using
				a controlled dangerous substance or prescription legend drug pursuant to a
				valid prescription or order from a licensed physician. This notice shall be in
				the form of an affidavit provided by the commission and completed by the
				licensed practitioner. Failure to provide the state steward with the
				appropriate affidavit prior to the collection of a urine sample shall result in
				a positive violation and shall be administered pursuant to Subsection D.
				Failure of a licensed person to provide this affidavit from his doctor or
				physician within 10 days of being notified by the stewards of a finding for a
				prescription drug shall be treated as a positive and having the person subject
				to a penalty as contained herein.
B. Every person licensed by the commission at
				any licensed racetrack may be subjected to a urine test, or other noninvasive
				fluid test at the discretion of the state steward in a manner prescribed by the
				commission. Any licensed person who fails to submit to a urine test when
				requested to do so by the state steward shall be liable to the penalties
				provided herein. Failure or refusal to submit to a urine test when ordered by
				the state steward shall result in a minimum 90-day suspension. Failure or
				refusal to submit to a urine test for a second time shall result in a
				suspension by the stewards to the full extent of their power and referral to
				the commission.
C. Any person
				licensed by the commission who is requested to submit to a urine test shall
				provide the urine sample to a chemical inspector of the commission. When
				requested to provide a sample, that person shall submit the sample before
				leaving the race track. Failure to do so shall be considered a refusal. The
				sample so taken shall be immediately sealed and tagged on the form provided by
				the commission and the evidence of such sealing shall be indicated by the
				signature of the tested person. The portion of the form which is provided to
				the laboratory for analysis shall not identify the individual by name. In
				obtaining any sample, it shall be the obligation of the licensed person to
				cooperate fully with the chemical inspector who may be required to witness the
				securing of such sample. Anyone who tampers with a urine sample shall be fined
				and/or suspended as provided for by
				R.S.
				4:141 et seq., and/or the
Rules of
				Racing
.
D. A positive
				controlled dangerous substance or prescription drug result shall be reported in
				writing to the commission or its designee. On receiving written notice from the
				official chemist that a specimen has been found positive for a controlled
				dangerous substance or prescription legend drug, the commission or its designee
				shall proceed as follows.
1. The licensed
				person shall, as quickly as possible, be notified in writing and a hearing
				scheduled with the stewards.
a. If a person
				having tested positive for a dangerous substance or prescription drug so
				desires, he/she may request within five days to the stewards to have the split
				or referee sample tested by a commission-designated alternate laboratory as
				provided herein. At the time of the request, the licensed person must deposit
				with the stewards an amount equivalent to the fee charged by the referee
				laboratory chosen to cover expenses to be incurred in testing the split sample.
				Failure of a licensed person to make a request within five days constitutes a
				waiver of any and all rights to have the split sample tested.
b. Split samples shall be stored in a locked
				freezer pending the laboratory results of the original samples. If an original
				sample's result is negative, the split sample may be disposed of. However, if
				the result is positive, the split sample shall be retained in the locked
				freezer until needed or until final disposition of the case.
c. A licensed person's timely request for the
				testing of the split sample may then select any one of the
				commission-designated alternate laboratories to perform the testing.