Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 1 - ADMINISTRATION › Section 017-1-22 - Drug Testing of Licensees

Current through 2024-29, July 17, 2024
1.
Definition
. For purposes of this section, a designated licensee
				means an official as described in Chapter 3. Sections
				1 and
				2: a licensed driver, a trainer, a
				groom, a starting gate driver, or any licensee who enters the
				paddock.
2.
Drug use
				prohibited
. For purposes of this section, the term drug shall include
				any scheduled drug, as defined in 17-A,
Maine Revised Statutes
				Annotated
, Section 1101, sub-section
				11 (1983) and any
				prescription drug. Except for drugs used in accordance with a valid
				prescription from a licensed physician, a licensee shall not use drugs or have
				any trace of drugs in his/her system while participating in any capacity at a
				race meet. It shall be the responsibility of the designated licensee to give
				notice to the State Steward on an official form that he or she is using a
				Scheduled Drug or prescription drug pursuant to a valid prescription or order
				from a licensed physician.
3.
Drug Testing
. Every designated licensee, whether selected at
				random or otherwise for testing, shall have the affirmative obligation to
				cooperate fully and promptly in furnishing any required sample or to witness
				the securing of a sample when requested to do so by the State Steward. Drug
				testing shall be subject to the following conditions.
A. On each and every race date designated
				licensee's to be tested may be selected at each track conducting a race meet
				that day by a random selection method. The method of random selection may be
				changed from time to time provided the method utilized conforms to fairness. It
				shall not be an indication of lack of fairness if any designated licensee is
				selected more frequently than others, provided there is no manipulating of the
				selection process other than changes in the method. If the selection method is
				changed that fact shall be posted in the Race Secretary's office 24 hours in advance of implementing the
				change.
B. Every designated
				licensee for any race at any licensed racetrack who appears to be under the
				influence of a drug or drugs may be subjected to a urine test or other
				non-invasive fluid test at any time, pre-race or post-race, at the direction of
				the State Steward or the Presiding Judge.
C. Any designated licensee who is requested
				to submit to a urine test shall forthwith in the presence of or under the
				supervision of a representative of the Department, provide the urine sample in
				a container supplied by the Department. The sample shall immediately be sealed
				and tagged on the form provided by the Department and the evidence of that
				sealing shall be indicated by the signature of the tested licensee. The portion
				of the form which is provided to the laboratory for analysis shall not identify
				the individual licensee that was tested by name. The sample is to remain in the
				control of the Department or its authorized agents in a manner that shall
				protect the integrity of the sample and test results. A positive drug result or
				a refusal or failure to testing shall be reported to the Executive Director or
				his or her designee.