Section 8-21 - Alcohol and Drug Testing of Participants (a) Alcohol Prohibition/Breathalyzer Test. - (i) No licensee or employee of any entity associated with the conduct of a pari-mutuel event shall have present within his system any amount of alcohol in excess of .05 percent content while on the grounds of a permitted pari-mutuel event.
- (ii) Acting with reasonable cause, the Stewards or a designated Commission representative may direct any licensee or employee to submit to a breathalyzer test. The licensee or employee shall when so directed submit to the examination. If the results show a reading of .05 percent alcohol content or more, the licensee or employee shall then be subject to fine or suspension by the Stewards or the Commission. If any licensee or employee refuses to submit to a breathalyzer test he shall be subject to a suspension until such time as he does submit to the test.
- (iii) For subsequent violation the licensee or employee may be subject to Procedures Following Positive Chemical Analysis (see par. c).(b) Drug Prohibition/Body Fluid Test.
(b) Drug Prohibition/Body Fluid Test - (i) No licensee or employee of any entity associated with the conduct of a pari-mutuel event while on the grounds of a permitted pari-mutuel event shall have present within his system any controlled substance as listed in schedule(s) I through V of the U.S. Code, Title 21, or any prescription legend drug unless the prescription legend drug was obtained directly or pursuant to valid prescription or order from a duly licensed physician who is acting in the course of his professional practice.
- (ii) Acting with reasonable cause, the Stewards or a designated Commission representative may direct any licensee or employee to deliver a specimen of urine in the presence of Commission authorized personnel or subject himself to the taking of a blood sample or other body fluids by Commission authorized personnel.
- (iii) In such cases the Stewards or the Commission representative may prohibit the licensee or employee from participating in the day's racing or until such time as the licensee or employee evidences a negative test result.
- (iv) A sufficient sample shall be collected to insure a quantity for a split sample when possible.
- (v) Refusal by a licensee or employee to provide the samples as directed shall be in violation of these rules and shall subject the licensee or employee to sanction by the Stewards or the Commission.
- (vi) All testing shall be at the expense of the Commission.
(c) Procedures Following Positive Chemical Analysis. - (i) For a licensee's or employee's first violation he may not be allowed to participate in a pari-mutuel event until his condition has been professionally evaluated.
- (A) After professional evaluation, if the licensee's or employee's condition proves non-addictive and not detrimental to the best interest of the event, the licensee or employee shall be allowed to participate in the event provided he can produce a negative test result and agrees to further testing at the discretion of the Stewards or designated Commission representative to insure his unimpairment.
- (B) After professional evaluation, should the licensee's or employee's condition prove addictive or detrimental to the best interest of the event the licensee or employee shall not be allowed to participate in the event until such time as he can produce a negative test result and show documented proof that he has successfully completed a certified alcohol/drug rehabilitation program approved by the Commission. The licensee or employee must agree to further testing at the discretion of the Stewards or Commission representative to insure his unimpairment.
- (ii) For a licensee's or an employee's second violation, he shall be suspended and allowed to enroll in a certified alcohol/drug rehabilitation program approved by the Commission. The licensee or employee will be permitted to apply for reinstatement only at the discretion of the Commission.
038-8 Wyo. Code R. § 8-21