New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 71 - HARNESS RACING › Subchapter 18 - BREATHALYZER TEST › Section 13:71-18.2 - Urine test

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee
				or official shall use any controlled dangerous substance as defined in the "New
				Jersey Controlled Dangerous Substances Act",
				24:21-1, et seq., unless such
				substance was obtained directly, or pursuant to valid prescription or order
				from a licensed physician, while acting in the course of his professional
				practice. It shall be the responsibility of the official, driver, trainer or
				groom to give notice to the State Steward or presiding Judge that he is using a
				controlled dangerous substance pursuant to a valid prescription or order from a
				licensed practitioner.
(b) Every
				official, driver, trainer or groom for any race, qualifier or fair event at any
				licensed racetrack or fair site, may be subjected to a urine test or tests at
				the direction of the State Steward and/or Presiding Judge, in a manner
				prescribed by the New Jersey Racing Commission. Any official, driver, trainer
				or groom who fails to submit to a urine test when requested to do so by the
				State Steward and/or Presiding Judge, shall be liable to the penalties provided
				in N.J.A.C. 13:71-2.
(c) Any
				official, driver, trainer or groom who is requested to submit to a urine test
				shall provide the urine sample, without undue delay, to a chemical inspector of
				the Commission. 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 official, driver, trainer or groom.
				The portion of the form which is provided to the laboratory for analysis shall
				not identify the individual official, driver, trainer or groom by name. It
				shall be the obligation of the official, driver, trainer or groom to cooperate
				fully with the Chemical Inspector in obtaining any samples which may be
				required and to witness the securing of such sample.
(d) A "positive" controlled dangerous
				substance or prescription drug result shall be reported, in writing, to the
				Executive Director or his or her designee. On receiving written notice from the
				official chemist that a specimen has been found "positive" for controlled
				dangerous substances or prescription legend drugs, the Executive Director or
				his or her designees shall proceed as follows:
1. For a licensee's first violation, he or
				she shall not be allowed to participate in racing until such time as his or her
				condition has been professionally evaluated.
i. After such professional evaluation, if
				said licensee's condition proves non-addictive and not detrimental to the best
				interests of racing, said licensee shall not be allowed to participate in
				racing, until he or she can produce a negative test result performed at the
				Commission testing laboratory, which may be at the licensee's expense, and
				agrees to further testing at the direction of the Executive Director or his or
				her designee.
ii. After such
				professional evaluation in which said licensee's condition proves addictive or
				detrimental to the best interests of racing, said licensee shall not be allowed
				to participate in racing until he or she can produce a negative test result
				performed at the Commission testing laboratory, which may be at the licensee's
				expense, and show documented proof that he or she has successfully completed a
				certified rehabilitation program approved by the Department of Health or a
				similar agency in another jurisdiction. Inquiries as to whether a particular
				program meets the approval requirements of this rule shall be referred to the
				Executive Director or his or her designee for determination. In addition, said
				licensee shall agree to further mandatory testing at the direction of the
				Executive Director or his or her designee.
iii. In addition to other requirements
				specified in this subsection, the Racing Commission may require a licensee to
				submit additional proof of rehabilitation as may be required in view of the
				licensee's patient assessment; his or her medical, drug and/or alcoholism
				history including current physiological dependency on drugs and/or alcohol and
				the duration of the addiction or abuse; and the facts and circumstances
				surrounding the violation.