SECTION 325:45-1-18. Collection of post-race samples

(a)   Biological samples shall be collected only by the Official Veterinarian or designee except as otherwise provided by Commission rules.

(b)   In the event a horse suffers catastrophic injury, the Racing Veterinarian may collect a biological sample from the injured horse prior to any necessary humane action.

(1)   If the trainer is immediately available, the trainer may witness the collection of the biological sample.

(2)   If the trainer is not immediately available, any other licensed individual may act as witness to the collection of the biological sample.

(c)   Biological samples shall be collected by the Official Veterinarian or designee. Biological samples shall be collected in the test barn unless the Official Veterinarian approves otherwise, as follows:

(1)   Each horse shall be cooled out for a minimum of thirty (30) minutes after the race before a post-race biological sample is collected;

(2)   The collection of biological samples shall be witnessed, confirmed or acknowledged by the trainer of the horse being tested or the trainer's authorized representative or employee;

(3)   The collection of biological samples may be witnessed by the owner;

(4)   The Official Veterinarian or designee may decant the biological sample consisting of blood and may use such preservatives or substances necessary for the preservation of the biological sample;

(5)   The trainer, the trainer's authorized representative or employee, or the owner, may witness the decanting of blood. Failure to witness the decanting process constitutes a waiver of the right to do so;

(6)   Biological samples shall be sent to a primary laboratory designated by the Commission;

(7)   When available, biological samples used for split testing may be sent to a referee laboratory at the election of the trainer or owner as otherwise provided by Commission rules;

(8)   Biological samples shall remain in the custody of the Official Veterinarian or designee from the time the biological sample is collected until the biological sample is delivered for shipment to the primary or referee laboratory.

(9)   No person shall break the seal of, remove, or otherwise attempt to alter any biological sample except for:

(A)   The decanting of the biological sample by the Official Veterinarian or designee,

(B)   The addition of preservatives or substances necessary for the preservation of the biological sample by the Official Veterinarian or designee, and

(C)   The primary or referee laboratory in the process of testing.

(d)   The Commission may direct the primary or referee laboratory to retain and preserve samples for future analysis.

(e)   The distribution of purse money shall not be considered evidence of any official finding by the Commission regarding a substance violation.

[Source: Amended at 10 Ok Reg 4731, eff 9-28-93 (emergency); Amended at 11 Ok Reg 3195, eff 6-27-94; Amended at 13 Ok Reg 1797, eff 5-3-96 (emergency); Amended at 14 Ok Reg 2284, eff 6-12-97; Amended at 14 Ok Reg 2934, eff 7-11-97; Amended at 16 Ok Reg 1449, eff 5-28-99; Amended at 23 Ok Reg 2071, eff 5-9-06 (emergency); Amended at 23 Ok Reg 2594, eff 6-25-06; Amended at 29 Ok Reg 1222, eff 6-25-12; Amended at 35 Ok Reg 347, eff 12-18-17 (emergency); Amended at 35 Ok Reg 1535, eff 9-14-18]