Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart D - Standardbred Rules of Racing (Harness) › Chapter 203 - LICENSING, DUTIES AND RESPONSIBILITIES OF STANDARDBRED OCCUPATIONAL LICENSEES-TEMPORARY REGULATIONS › SUBSTANCE ABUSE AND ADDICTION › Section 203.74 - Test results

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Action upon initial positive test result.
A driver, trainer,
					 groom or official who has initially tested positive for a controlled substance
					 or prescription drug as part of a test administered using a portable drug
					 detection device may be prohibited from participating in racing programs by the
					 Presiding Judge until, in the judgment of the Presiding Judge, the tested
					 individual is capable of safely participating in racing activities.
(b)
Action upon confirmed positive
					 test result.
Initial positive test results shall be analyzed by a
					 clinical laboratory which is approved by the Department of Health under 28 Pa.
					 Code §
											5.50 (relating to approval to
					 provide special analytical services) to provide confirmatory urine content drug
					 testing specialized laboratory services. If the clinical laboratory analysis
					 confirms an initial positive test for a controlled substance or prescription
					 drug, other than a controlled substance or prescription drug used under a valid
					 prescription, the Bureau Director will:
(1)
					 For the first violation, issue a written reprimand and warning and notify the
					 tested individual that the tested individual will be subject to mandatory drug
					 testing for a period of time as determined by the Bureau Director and that
					 further violations shall result in the sanctions of paragraphs (2) and
					 (3).
(2) For a second violation,
					 require the tested individual to enroll in a treatment program approved by the
					 Commission upon reasonable terms and conditions as required and at the cost of
					 the tested individual. The tested individual shall be permitted to participate
					 in racing activities prior to completion of the treatment program only if
					 continued participation would not be detrimental to the best interests of
					 racing or would not be unsafe, as determined by the Bureau Director or other
					 Commission designated person. The tested individual shall provide the
					 Commission written notice of his enrollment, weekly status reports and written
					 notice of his successful completion of, and discharge from, the program. If a
					 tested individual fails to comply with this paragraph, his license will be
					 suspended until compliance is obtained. Upon successful completion of a
					 treatment program, the tested individual will be permitted to participate in
					 racing activities if permission had been denied by the Bureau
					 Director.
(3) For a third or
					 subsequent violation, inform the tested individual that the tested individual
					 may be liable under the penalty provisions of the act or the individual may be
					 required to enroll in a treatment program instead of the penalties, at the
					 discretion of the Commission.