New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 70 - HORSE RACING › Subchapter 14A - MEDICATION AND TESTING PROCEDURES › Section 13:70-14A.11 - 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 Substance Act",
				24:21-1, et seq. or any
				prescription legend drug, unless such substance was obtained directly, or
				pursuant to a 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, jockey, trainer and groom 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
				practitioner when requested.
(b)
				Every official, jockey, trainer and groom for any race at any licensed
				racetrack may be subjected to a urine test, or other non-invasive fluid test at
				the direction of the State Steward in a manner prescribed by the New Jersey
				Racing Commission. Any official, jockey, trainer or groom who fails to submit
				to a urine test when requested to do so by the State Steward shall be liable to
				the penalties provided in N.J.A.C. 13:70-31.
(c) Any official, jockey, trainer and 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, jockey, trainer or groom. The portion of the form which
				is provided to the laboratory for analysis shall not identify the individual
				official, jockey, trainer or groom by name. It shall be the obligation of the
				official, jockey, trainer or groom to cooperate fully with the Chemical
				Inspector in obtaining any sample which may be required 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.