N.M. Code R. § 15.2.6.10

Current through Register Vol. 35, No. 9, May 7, 2024

Section 15.2.6.10 - TESTING

A. Reporting to the test barn:

(1) The official winning horse, as well as any other horses ordered by the commission or the stewards shall be taken to the test barn to have an official sample taken at the direction of the official veterinarian.

(2) The association shall assign an employee to escort horses ordered by the commission or the stewards to go to the test barn.

(3) Random or extra testing may be required by the stewards or the commission at any time on any horse.

(4) Unless otherwise directed by the stewards or the official veterinarian, a horse that is selected for testing must be taken directly to the test barn.

(5) A security guard, employed by the association, shall monitor access to the test barn area during and immediately following each racing performance. All persons who wish to enter the test barn area must be a minimum of 18-years-old, be currently licensed by the commission, display their commission identification badge and have a legitimate reason for being in the test barn area.

B. Sample collection:

(1) The official veterinarian shall determine a minimum sample volume requirement for the primary testing laboratory. A primary testing laboratory must be accredited by ISO 17025 and approved by the commission.

(2) If the specimen obtained from a horse is less than the minimum sample requirement, the entire specimen shall be sent to the primary testing laboratory.

(3) If a specimen obtained is greater than the minimum sample requirement but less than twice that amount, the portion of the sample that is greater than the minimum sample requirement shall be secured as the split sample.

(4) If a specimen obtained is greater than twice the minimum sample requirement, a portion of the sample approximately equal to the amount provided for the primary testing laboratory shall be secured as the split sample.

(5) No split samples will be collected for determination of TCO2 levels.

(6) No split samples will be collected for determination of TCO2 levels.

C. Alkalinizing substances:

(1) Blood samples for TCO2 and base excess testing should be collected 45 minutes (+ or -15 min) pre-race and approximately three hours after furosemide administration. The samples must be handled in a consistent manner and cannot be frozen. If samples are obtained pre-furosemide a lower regulatory threshold is necessary and the horse must be kept in a secure barn until race time.

(2) The provisions of this rule pertaining to sample collection shall not apply to blood samples drawn for TCO2 analysis.

(3) Blood samples must be processed and tested within 120 hours using standardized, reproducible, validated procedures.

D. Storage and shipment of split samples:

(1) Split samples obtained in accordance with Paragraphs (3) and (4) Subsection B, of 15.2.6.10 NMAC above shall be secured and made available for further testing. A split sample shall be secured in the test barn under the same manner as the portion of the specimen acquired for shipment to a primary laboratory until such time as specimens are packed and secured for shipment to the primary laboratory. Split samples shall then be transferred to a freezer or other secured mechanism at a secure location as provided by state statute or approved by the commission.

(2) A trainer, owner or designee of a horse having been notified that a written report from a primary laboratory states that a prohibited substance has been found in a specimen obtained pursuant to these rules may request that a split sample corresponding to the portion of the specimen tested by the primary laboratory be sent to another testing laboratory that is accredited by ISO 17025 and approved by the commission. The ISO 17025 requirement may only be waived by the commission for the purpose of a split sample test involving a hair sample. The request must be made and confirmed with the commission not later than 48 hours excluding weekends and holidays after the trainer of the horse receives notice of the findings of the primary laboratory. The trainers first choice, second choice and third choice of laboratories, for the split sample to be sent to, shall be listed within that 48 hours and kept on file with the horsemens association. Any request not received within the specified deadline shall be considered a positive test. Any split sample so requested must be shipped within seven working days after the trainers 48 hour deadline or the New Mexico horsemens association may be subject to disciplinary action.

(3) The owner, trainer or designee requesting testing of a split sample shall be responsible for the cost of shipping and testing. Failure of the owner, trainer or designee to appear at the time and place designated by the commission or the commissions designee shall constitute a waiver of all rights to split sample testing. Prior to shipment, the owner, trainer or designee shall confirm the split sample laboratory's willingness to provide the testing requested, the laboratory's willingness to send results to both the person requesting the testing and the commission, and arrangements for payment satisfactory to the split sample laboratory.

(4) Prior to opening the split sample freezer or any other secure split sample storage mechanism, the commission shall ensure that the standard operating procedure for the handling and shipping of the split sample are followed and documented. Standard operating procedure for the handling and shipping of a split sample shall include documentation of the following at a minimum:

(a) the date and time the sample is removed from the split sample freezer or other secured mechanism;

(b) the sample number;

(c) the address where the split sample is to be sent;

(d) the name of the carrier and the address where the sample is to be taken for shipment;

(e) verification the owner, trainer or designee received the split sample from the freezer or other secured mechanism;

(f) verification of the condition of the split sample package immediately prior to transfer of custody to the carrier; and,

(g) the date and time custody of the sample is transferred to the carrier.

(5) A split sample shall be removed from the split sample freezer or other secured mechanism by a commission representative in the presence of the owner, trainer or designee.

(6) The owner, trainer or designee shall pack the split sample for shipment in the presence of the representative of the commission, in accordance with the packaging procedures recommended by the commission. A form shall be signed by both the horsemen's representative and the commission representative to confirm the packaging of the split sample. The exterior of the package shall be secured and identified with initialed tape, evidence tape or other means to prevent tampering with the package.

(7) The package containing the split sample shall be transported in a manner prescribed by the commission to the location where custody is transferred to the delivery carrier charged with delivery of the package to the commission-approved laboratory selected by the owner or trainer.

(8) The owner, trainer or designee and the commission representative shall inspect the package containing the split sample immediately prior to transfer to the delivery carrier to verify that the package is intact and has not been tampered with.

(9) All documents verifying the handling and shipping of the split sample chain of custody shall be completed and signed by the representatives of the commission and the owner, trainer or designee. A commission representative shall keep all original documents and provide copies for the owner, trainer or designee.

E. Official state racing chemist: The state racing commission may hire or contract with a qualified chemist to act as the official state racing chemist. The duties of the official state racing chemist may include, but shall not be limited to the following:

(1) review and evaluate scientific data submitted by the official testing laboratory concerning any race horse's positive drug test;

(2) submit a written report to the agency director of the racing commission concerning a positive test, certifying the positive test as such, or that the test does not constitute a positive test based on the scientific data submitted by the official testing laboratory; if the test does not constitute a positive test it may be referred back to the laboratory for further testing;

(3) in the event that a split sample is sent for independent testing and the result of that test does not confirm with the results of the primary testing laboratory, the official state racing chemist shall review all scientific data submitted by the laboratory which tested the split and make recommendations to the agency director;

(4) appear before the racing commission as an expert witness, as needed in matters concerning chemical testing for drugs and medications;

(5) consult with the racing commission in matters concerning chemical testing for drugs and medication as the need arises;

(6) at the request of the commission, inspect the official testing laboratory and the racetrack collection facilities to insure their compliance with, and use of, proper scientific techniques and procedures.

N.M. Code R. § 15.2.6.10

15.2.6.10 NMAC - Rp, 15 NMAC 2.6.10, 4/13/2001; A, 3/30/2007; A, 9/1/2010; A, 7/31/2012; A, 5/1/2013; A, 5/16/2014, Amended by New Mexico Register, Volume XXVII, Issue 11, June 15, 2016, eff. 6/15/2016, Amended by New Mexico Register, Volume XXVIII, Issue 12, June 27, 2017, eff. 7/1/2017, Amended by New Mexico Register, Volume XXIX, Issue 05, March 13, 2018, eff. 3/14/2018, Amended by New Mexico Register, Volume XXIX, Issue 18, September 25, 2018, eff. 9/26/2018, Amended by New Mexico Register, Volume XXXV, Issue 07, April 9, 2024, eff. 4/9/2024