Section 508.50  Urine Test

a)         No Jockey, Driver, Starter, Assistant Starter or Outrider shall use on the grounds of any race track any Controlled Substance or any prescription drug unless such substance was obtained directly, or pursuant to a valid prescription or order from a licensed physician, while acting in the course of his professional practice.  It shall be the responsibility of the Jockey, Driver, Starter, Assistant Starter, or Outrider to give prior written notice to the Stewards that he is using a Controlled Substance or prescription drug pursuant to a valid prescription or order from a licensed physician.

b)         The stewards shall direct any Jockey, Driver, Starter, Assistant Starter, or Outrider at a licensed race meeting to submit to a urine test for drugs if the stewards have either reasonable information or an individualized suspicion that the urine test may produce evidence that said Jockey, Driver, Starter, Assistant Starter, or Outrider is using either a Controlled Substance or prescription drug without a prescription.  Any Jockey, Driver, Starter, Assistant Starter, or Outrider who fails to submit to a urine test when requested to do so by the stewards shall be suspended.

c)         Any Jockey, Driver, Starter, Assistant Starter or Outrider subject to this rule who is requested to submit to a urine test shall provide the urine sample to the stewards or their designee.  The sample so taken shall be immediately sealed and tagged on the form provided by the Board.  The signature of the tested licensee shall constitute evidence of such sealing.  The portion of the sample which is provided to the laboratory for analysis shall not identify the Jockey, Driver, Starter, Assistant Starter or Outrider by name.  It shall be the obligation of the Jockey, Driver, Starter, Assistant Starter or Outrider to cooperate fully with the Stewards or their designee in obtaining any sample which may be required and to witness the sealing of such sample.

d)         Each specimen received from a Jockey, Driver, Starter, Assistant Starter, or Outrider shall be divided into two separate parts.  One portion designated as the "referee" sample, shall be available for testing upon the request of the individual who provided the specimen.  The "referee" sample may also be tested by the laboratory with the consent of the individual who provided the specimen.  The other portion of the sample shall be known as the "laboratory" sample and shall be tested by the laboratory.  The Board shall bear the cost of preparing the "referee" sample for shipment but the cost of such shipment and of such testing shall be borne by the person requesting the additional test.

e)         After the urine sample has been taken from a Jockey, Driver, Starter, Assistant Starter, or Outrider and analyzed by a laboratory contracted by the Board, the laboratory shall make a positive test finding if the urine sample exceeds both the initial screening and confirmatory levels of detectability for controlled substances or prescription drugs.  Pursuant to the Mandatory Guidelines for Federal Workplace Drug Testing (Substance Abuse and Mental Health Services Administration; available at http://dwp.samhsa.gov/FedPgms/Pages/ HHS_Mand_Guid_Effective_Nov_04.aspx).

1)         The following initial test cutoff levels shall be used when screening specimens to determine whether they are negative.  Specimens that test negative on the initial test shall be reported negative.

2)         All specimens identified as positive on the initial test shall be confirmed at the following cutoff levels:

f)          A confirmed positive controlled substance or prescription drug result shall be reported, in writing, to the Executive Director of the Board or his designee.  On receiving written notice from the laboratory that a sample has been found positive for a controlled substance or prescription drug, the Executive Director or his designee shall notify the individual and the stewards of the test results.

g)         Upon receipt of a notice of positive test finding, the stewards shall conduct an inquiry at which the individual with notice of a positive test finding shall have the opportunity to be heard.  Further, any individual with notice of a positive test finding may challenge his particular test or test result by having a portion of the sample tested at the laboratory of his choice.  Any individual contesting the tests or test results may request a hearing before the Board as set forth in 11 Ill. Adm. Code 204.

(Source:  Amended at 29 Ill. Reg. 14033, effective September 1, 2005)