Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 6 - Occupational and Vendor Licensing › Rule 491-6.28 - Alcohol and Drug Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Alcohol
			 prohibition/preliminary breath test.
Licensees whose duties require
			 them to be in a restricted area of a racing facility shall not have present
			 within their systems an amount of alcohol of 0.05 percent or more. A restricted
			 area is a designated area for sample collection, paddock, racetrack, or other
			 area where racing officials carry out the duties of their positions.
Acting with reasonable cause, a commission representative may
				direct the above licensees to submit to a preliminary breath test. A licensee
				shall, when so directed, submit to examination.
If the results show a reading of 0.05 percent alcohol content
				or more, the licensee shall not be permitted to continue duties for that day.
				For a second violation, the licensee shall not be permitted to continue duties
				for that day and then shall be subject to fine or suspension by the board or
				commission representative. For a subsequent violation, the licensee may be
				subject to procedures following positive chemical analysis (see
				6.28(3)).
If the results show a reading of 0.10 percent alcohol content
				or more, the licensee is subject to fine or suspension by the board or
				commission representative. For a subsequent violation, the licensee may be
				subject to procedures following positive chemical analysis (see
				6.28(3)).
(2)
Drug
			 prohibition/body fluid test.
Licensees whose duties require them to be
			 in a restricted area, as defined in subrule 6.28(1), of a racing facility shall
			 not have present within their systems any controlled substance as listed in
			 Schedules I to V of U.S.C. Title 21 (Food and Drug Section 812), Iowa Code
			 chapter 124 or any prescription drug unless it was obtained directly or
			 pursuant to valid prescription or order from a duly licensed physician or
			 physician assistant who is acting in the course of professional practice.
			 Acting with reasonable cause, a commission representative may direct the above
			 licensees to deliver a specimen of urine or subject themselves to the taking of
			 a blood sample or other body fluids at a collection site approved by the
			 commission. In these cases, the commission representative may prohibit the
			 licensee from participating in racing until the licensee evidences a negative
			 test result. Sufficient sample should be collected to ensure a quantity for a
			 split sample when possible. A licensee who refuses to provide the samples
			 herein described shall be in violation of these rules and shall be immediately
			 suspended and subject to disciplinary action by the board or commission
			 representative. All confirmed positive test costs and any related expenses
			 shall be paid for by the licensee. Negative tests shall be at the expense of
			 the commission.
With reasonable cause noted, an on-duty commission
				representative may direct a licensee to deliver a test. The commission
				representative shall call the approved laboratory or hospital and provide
				information regarding the person who will be coming; that the licensee will
				have a photo ID; the name and number to call when the licensee arrives; to whom
				and where to mail the results; and who should be called with the results. The
				licensee will be directed to immediately leave the work area and proceed to an
				approved laboratory or hospital for testing with the following
				directions:
1. If under impairment, the
			 licensee must have another person drive the licensee to the laboratory or
			 hospital.
2. On arrival at the
			 laboratory or hospital, the licensee must show the license to the admitting
			 personnel for verification.
3. On
			 arrival at the laboratory or hospital, the licensee shall be required to sign a
			 consent for the release of information of the results to a commission
			 representative.