Virginia Administrative Code › Title 11 - GAMING › Agency 10 - VIRGINIA RACING COMMISSION › Chapter 180 - MEDICATION › Section 11VAC10-180-110 - Laboratory findings and reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. Primary testing laboratory. The commission
				shall designate a primary testing laboratory for the analysis of test samples
				collected under the supervision of the commission veterinarian. The commission
				shall designate a chief racing chemist within the primary testing laboratory
				who shall have the authority to report his findings to the executive secretary
				of the commission, the stewards, and the commission veterinarian.
B. Reference laboratories. The commission
				shall designate one or more laboratories, other than the primary testing
				laboratory, as references laboratories. These laboratories will conduct
				confirmatory analysis of split samples. Any reference laboratory must be
				willing to accept split samples for confirmatory testing. Any reference
				laboratory shall send results to both the person requesting the testing and the
				commission.
C. Chief racing
				chemist's responsibilities. The chief racing chemist shall be responsible for
				(i) safeguarding and analyzing the test samples delivered to the primary
				testing laboratory, (ii) proper maintenance of equipment, (iii) adequate
				staffing, and (iv) acceptable procedures to thoroughly and accurately analyze
				test samples submitted to the primary testing laboratory.
D. Reporting procedures. The chief racing
				chemist shall submit to the commission veterinarian a written report as to each
				test sample analyzed, indicating by identification tag number whether the test
				sample was negative or there was a chemical identification. All confirmed
				positive identifications shall be submitted to the executive secretary, the
				stewards, and the commission veterinarian.
E. Chemical identifications. If the chief
				racing chemist determines that a substance foreign to the natural horse, except
				those specifically permitted by the regulations of the commission, is present
				in the test sample, the chief racing chemist shall submit a report of chemical
				identification to the executive secretary of the commission, the stewards, and
				the commission veterinarian. In a report of chemical identification, the chief
				racing chemist shall submit evidence acceptable in the scientific community and
				admissible in court in support of his determination.
F. Review of chemical identifications. Upon
				receipt of a report of a chemical identification from the chief racing chemist,
				the stewards shall conduct a review of the chemical identification, which shall
				include the chief racing chemist and the commission veterinarian. During the
				review, the following procedures shall apply:
1. All references to the report of a chemical
				identification shall be only by the identification tag number of the sample
				collected from the horse;
2. The
				chief racing chemist shall submit his written report of the chemical
				identification and the evidence supporting his finding;
3. The commission veterinarian shall submit a
				written statement to the stewards including the class of the substance, the
				concentration level detected in the sample, if determined, and its probable
				effect on a racehorse;
4. The
				stewards may ask questions at any time and request further documentation as
				they deem necessary;
5. After
				receiving the appropriate information on the identified substance, the stewards
				shall determine whether the chemical identification constitutes a violation of
				the regulations of the commission and whether it should be deemed a positive
				test result. In doing so, the stewards shall consider, among other things, the
				concentration level reported, its likely effect on the horse, and whether
				environmental contamination may have contributed to the test result;
6. In the event of a positive test result,
				the stewards shall notify the trainer and the owner of the horse of the right
				to send the split sample collected from the horse to one of the reference
				laboratories designated by the commission for confirmatory testing;
7. If the trainer or the owner elects to send
				the split sample to a reference laboratory, the stewards shall take no
				disciplinary action against any permit holder until the results from the
				reference laboratory are received, and the findings shall be a part of the
				record of any subsequent hearing;
8. The chief racing chemist's report of a
				chemical identification, the commission veterinarian's written statement, the
				results of confirmatory testing, and any other documentation submitted to the
				stewards shall become part of the record of any subsequent proceedings;
				and
9. Should the split sample not
				be tested by the reference laboratory due to any reason out of the commission's
				control, then the stewards shall hear the case based on the results of the
				primary testing laboratory.