La. Admin. Code tit. 35 § I-1787

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

Section I-1787 - Pre-Race Testing

A. A laboratory testing program for the detection of the presence of prohibited medications or drugs in horses prior to a scheduled racing program may be requested by an association, and conducted at that track upon designation by the commission. Such pre-race testing program shall be supervised by the commission. All provisions of the Rules of Racing, not inconsistent with this Section, remain in full force and effect. Should any existing provision conflict herewith, the provisions of this rule shall take precedence and govern; however, all existing rules on post-race testing remain in full force and effect.

B. At any track so requesting and designated, the track operator shall provide such facilities, appurtenances, equipment, and trained personnel for a drug detection program as the commission may specify.

C. Blood or urine or other samples shall be taken from all horses programmed to race prior to the race in which it is programmed at a location specified by the track operator and the commission.

D. Such blood, and/or urine, and/or other sample shall be taken not less than three hours nor more than six hours prior to the approximate post-time of the race. If the horse is to receive bleeder medication (furosemide) on the day of the race in accordance with the Rules of Racing, the sample shall be taken prior to the administration of that medication.

E. Such blood, urine, or other sample shall be taken by the commission veterinarian or by a licensed veterinarian under his supervision. Professional fees for veterinarians collecting these samples for the pre-race testing program shall be paid by the association.

F. The trainer or his representative shall accompany the horse at the prescribed time and to the prescribed location, and shall manage the horse as directed. Willful failure to be present at, or refusal to allow, the taking of any such sample, or any act or threat to impede or prevent or otherwise interfere therewith, shall subject the person or persons therefor to such disciplinary action as the stewards may determine.

G. A horse shall not race if it has not been tested in accordance with the provisions of this Section.

H. Whenever pre-race laboratory test reports indicate the presence of a prohibited medication or drug in the sample taken from a horse scheduled to race, particularly, but not limited to specific maximum by quantitative determination of 2.0 micrograms phenylbutazone per milliliter of blood, stewards shall scratch the horse from the race. On the first offense a penalty of not less than $100, nor more than $200, shall be assessed the trainer. Upon second or multiple offenses for positive tests, the stewards shall take whatever action they deem appropriate, consistent with law and the Rules of Racing.

I. The pre-race testing program so conducted at a designated track shall in no way change or interfere with the post-race testing program of the commission. In the event of a conflict between pre-race and post-race tests, the post-race test governs and prevails.

J. The laboratory and/or its representatives performing pre-race chemical testing for a designated association are officials of racing. The laboratory shall:

1. be under the direction of and responsible to the stewards;

2. be approved by the commission.

K. The stewards shall deliver all pre-race specimens or samples to the laboratory performing the pre-race chemical testing.

L. Definition of Pre-Race Testing. A procedure approved by the commission, conducted by a qualified testing laboratory, at a race track after the association operating the track initially makes a written request that such procedure be conducted at its facility, whereby each horse scheduled to run shall have its blood or saliva or urine or other excretions of body fluid analyzed no more than six and no less than three hours before the race in which the horse is scheduled to run in order to determine whether such sample contains any narcotic, stimulant, depressant, local anesthetic, analgesic or drug of any description not permitted by the Rules of Racing or which could affect the speed of the horse in the race in which the horse was entered to race. Such test shall not be for the purpose of determining whether a horse is physically fit to race and no physical examination of the animal is contemplated by this procedure.

La. Admin. Code tit. 35, § I-1787

Promulgated by the Department of Commerce, Racing Commission, LR 8:140 (March 1982), amended LR 12:419 (July 1986), Amended by the Office of the Governor, Division of Administration, Racing Commission, LR 411672 (9/1/2015).

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