N.Y. Comp. Codes R. & Regs. tit. 9 § 4042.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 4042.5 - Use of drugs

(a) No person while on the grounds of a licensed or franchised track, who is licensed as trainer, assistant trainer, jockey, apprentice jockey, exercise rider, assistant starter, outrider, groom, valet, pony-horse rider, or anyone who is riding a horse in a race, a warm-up for a race or riding on a horse anywhere on the grounds, or anyone who aids or participates in the preparation of a race or a horse for a race, or is licensed by the commission, shall have present within the body of such person any controlled substance listed in schedules I through V of section 3306 of the Public Health Law, unless advance permission to ride a horse or participate in any manner in a race, while using such substance, pursuant to prescription by a licensed physician, has been granted in writing by the commission.

(b) Every such person, which includes all licensees, shall, upon the request of a steward or paddock judge, deliver a specimen of urine or subject himself to the taking of a blood sample by a licensed physician, as directed by such official. Failure by such person to provide such sample as so directed shall be a violation of these rules and subject such person to fine and license suspension. In addition, in no event shall any person ride or participate in any manner in the administration of or in any race, and/or the preparation of a horse for a race, on the day such sample is requested until such specimen has been taken as directed.

(c) In the event that analysis of a urine or blood sample, by the testing facility designated by the commission, discloses the presence of a prohibited controlled substance, such fact shall be reported to the commission, which shall schedule an immediate interview with such person, pending which such person shall not be permitted to ride or participate in any manner in any race. As a result of such interview, the commission may restore full riding and/or license privileges to such person after such person has delivered a current sample for analysis, continue such temporary suspension of riding and/or license privileges pending receipt of the result of analysis of any sample directed to be taken at such interview, or take such other action as the commission may deem appropriate, including fine, revocation, suspension or the conditioning of continued licensing upon the satisfactory enrollment in and completion of a drug treatment program or drug educational program designated by the commission.

(d) Disclosure of the results of analysis and other reports made in the course of enforcement of this section shall be treated as confidential insofar as is consistent with law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4042.5