New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4042 - Corrupt Practices And Disqualifications Of Persons › Section 4042.5 - Use of drugs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person
						while on the grounds of a licensed or franchised track, who is licensed as
						trainer, assistant trainer, jockey, apprentice jockey, exercise rider,
						assistant starter, outrider, groom, valet, pony-horse rider, or anyone who is
						riding a horse in a race, a warm-up for a race or riding on a horse anywhere on
						the grounds, or anyone who aids or participates in the preparation of a race or
						a horse for a race, or is licensed by the commission, shall have present within
						the body of such person any controlled substance listed in schedules I through
						V of section
						3306 of the
						Public Health Law, unless advance permission to ride a horse or participate in
						any manner in a race, while using such substance, pursuant to prescription by a
						licensed physician, has been granted in writing by the commission.
(b) Every such person, which includes all
						licensees, shall, upon the request of a steward or paddock judge, deliver a
						specimen of urine or subject himself to the taking of a blood sample by a
						licensed physician, as directed by such official. Failure by such person to
						provide such sample as so directed shall be a violation of these rules and
						subject such person to fine and license suspension. In addition, in no event
						shall any person ride or participate in any manner in the administration of or
						in any race, and/or the preparation of a horse for a race, on the day such
						sample is requested until such specimen has been taken as directed.
(c) In the event that analysis of a urine or
						blood sample, by the testing facility designated by the commission, discloses
						the presence of a prohibited controlled substance, such fact shall be reported
						to the commission, which shall schedule an immediate interview with such
						person, pending which such person shall not be permitted to ride or participate
						in any manner in any race. As a result of such interview, the commission may
						restore full riding and/or license privileges to such person after such person
						has delivered a current sample for analysis, continue such temporary suspension
						of riding and/or license privileges pending receipt of the result of analysis
						of any sample directed to be taken at such interview, or take such other action
						as the commission may deem appropriate, including fine, revocation, suspension
						or the conditioning of continued licensing upon the satisfactory enrollment in
						and completion of a drug treatment program or drug educational program
						designated by the commission.
(d)
						Disclosure of the results of analysis and other reports made in the course of
						enforcement of this section shall be treated as confidential insofar as is
						consistent with law.