La. Admin. Code tit. 35 § I-1775

Current through Register Vol. 50, No. 5, May 20, 2024

Section I-1775 - Testing of a Split or Referee Sample

A. The following procedure is hereby established for the testing of a split or referee sample.

1. After a horse has voided and its urine collected for testing, the volume of urine collected shall be split or divided into approximately equal parts, one being processed for initial commission laboratory testing for the detection of the presence of prohibited drugs or substances therein. The remaining part shall be identified as the split or referee sample to be processed for future testing under the procedures hereby established. If the urine is from a 2-year-old horse, the specimen tag shall so indicate.

2. Should blood be drawn at the test or retaining barn for testing, it shall be split or divided into approximately equal parts to be processed for testing by the initial commission test and the split or referee test. If the blood is drawn from a 2-year-old horse, the specimen tag shall so indicate.

3. Within 72 hours from the time the stewards notify a trainer that the initial commission laboratory test on a urine or blood specimen from a horse entered and raced by him was positive for the presence of a prohibited drug or substance, the trainer must request the stewards in writing to have the split or referee sample tested by an approved referee laboratory. The commission shall provide a list of referee laboratories which must be able to demonstrate competency for that drug or substance at the estimated concentration reported by the primary laboratory, from which a trainer must select one. At the time of his request the trainer must forward the necessary fees to cover all expenses to be incurred in shipping and testing the split or referee sample to the referee laboratory. Failure of a trainer to make a request to the stewards for a split sample within the required 72 hours constitutes a waiver of any and all rights to have the split or referee sample tested.

4. A trainer timely requesting a testing of a split or referee sample shall select one of the laboratories designated by the commission as referee laboratories to perform the testing. The trainer shall sign a hold-harmless agreement for a split sample laboratory and an agreement that the results of the split sample laboratory can be introduced as evidence in any hearing, said agreements shall remain with the stewards of the track at which the positive was reported.

5. If the split portion of the test confirms the findings of the primary laboratory, it shall constitute prima facie evidence of a violation of the applicable provisions of this Chapter.

6. If the split portion of the test does not confirm the findings of the primary laboratory the commission shall not consider the sample to constitute prima facie evidence of a violation of the applicable provisions of this Chapter and no penalty shall be imposed, except as provided in Paragraph 7 hereof.

7. If, through no fault of the commission, its agents or employees, a split portion of the sample cannot be tested because of loss, damage, or decomposition then, and in that event only, the findings of the primary laboratory shall constitute the prima facie evidence of a violation of the applicable provisions of this Chapter.

8. The identity of the drug or substance shall be revealed to the referee laboratory. Any communication between the primary and referee laboratory is limited to the exchange of the analytical method and threshold level used to confirm the identity of the drug or substance.

9. Primary laboratory , for the purpose of this rule, shall mean the laboratory selected by the commission to test urine or blood for the presence of prohibited drugs or substances.

10. Referee laboratory , for the purpose of this rule, shall be one of the referee laboratories approved by the commission to test split portions of urine or blood samples when timely requested by a trainer.

La. Admin. Code tit. 35, § I-1775

Promulgated by the Department of Commerce, Racing Commission, LR 8:405 (August 1982), amended LR 10:660 (September 1984), amended by the Department of Economic Development, Racing Commission, LR 17:878 (September 1991), LR 18:368 (April 1992).

AUTHORITY NOTE: Promulgated in accordance with R.S. 4:141 and R.S. 4:148.