Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 319 - VETERINARY PRACTICES AND DRUG TESTING › Subchapter D - DRUG TESTING › Division 3 - PROVISIONS FOR HORSES › Section 319.362 - Split Specimen

Current through Reg. 49, No. 28; July 12, 2024
(a) Before sending
					 a specimen from a horse to a testing laboratory, the commission veterinarian
					 shall determine whether the specimen is of sufficient quantity to be split. If
					 there is sufficient quantity, the commission veterinarian or the commission
					 veterinarian's designee shall divide the specimen into two parts. If the
					 specimen is of insufficient quantity to be split, the commission veterinarian
					 may require the horse to be detained until an adequate amount of urine can be
					 obtained. If the commission veterinarian ultimately determines the quantity of
					 the specimen obtained is insufficient to be split, the commission veterinarian
					 shall certify that fact in writing and submit the entire specimen to the
					 laboratory for testing.
(b) The
					 commission veterinarian or commission veterinarian's designee shall retain
					 custody of the portion of the specimen that is not sent to the laboratory. The
					 veterinarian or designee shall store the retained part in a manner that ensures
					 the integrity of the specimen.
(c)
					 An owner or trainer of a horse which has received a positive result on a drug
					 test may request, in writing, that the retained serum or urine, whichever
					 provided the positive result, be submitted for testing to a Commission approved
					 and listed laboratory that is acceptable to the owner or trainer. The owner or
					 trainer must notify the executive secretary of the request not later than 48
					 hours after notice of the positive result. Failure to request the split within
					 the prescribed time period will be deemed a waiver of the right to the split
					 specimen.
(d) If the retained part
					 of a specimen is sent for testing, the commission staff shall arrange for the
					 transportation of the specimen in a manner that ensures the integrity of the
					 specimen. The person requesting the tests shall pay all costs of transporting
					 and conducting tests on the specimen. To ensure the integrity of the specimen,
					 the split specimen must be shipped to the selected laboratory no later than 10
					 days after the day the trainer is notified of the positive test. Subject to
					 this deadline, the owner or trainer of the horse from whom the specimen was
					 obtained is entitled to be present or have a representative present at the time
					 the split specimen is sent for testing.
(e) If the test on the split specimen
					 confirms the findings of the original laboratory, it is a prima facie violation
					 of the applicable provisions of the chapter.
(f) If the test on the split specimen portion
					 does not substantially confirm the findings of the original laboratory, the
					 stewards may not take disciplinary action regarding the original test
					 results.
(g) If an act of God,
					 power failure, accident, labor strike, or any other event, beyond the control
					 of the Commission, prevents the split from being tested, the findings of the
					 original laboratory are prima facie evidence of the condition of the horse at
					 the time of the race.