SECTION 325:45-1-20. Split tests

(a)   When the quantity of biological samples collected by operation of Commission rules permits, each test sample shall be divided into two portions so that one portion shall be used for primary testing and the second portion shall, if available, be retained for split testing. OHRC makes no guarantee that the amount of sample it was able to collect will be sufficient for split testing. All samples taken by OHRC personnel are under the jurisdiction of and shall remain the property of OHRC at all times.

(b)   Biological sample consisting of blood shall be collected and processed as provided by Commission rules. Biological samples consisting of urine shall be collected if available. Other biological samples may be collected at the direction of the Stewards or the Commission.

(c)   The Official Veterinarian or designee shall be responsible for the freezing, storage, safeguarding, and shipment of biological samples to primary or referee laboratories.

(d)   When biological samples are available for split testing, a trainer and/or owner may request a split test, subject to the following conditions:

(1)   The trainer and/or owner shall make the request for a split test in writing within seventy-two (72) hours following notification of a substance violation.

(2)   When OHRC is notified by the primary laboratory that a substance violation has occurred, OHRC will submit split testing forms to all approved referee laboratories. If, within the above specified time limits, the trainer and/or owner requests that a split test be performed, a list of all referee laboratories that have agreed to accept the split test shall be presented to the trainer and/or owner. The trainer and/or owner shall then have forty-eight (48) hours to select one of the referee laboratories from the provided list. The trainer and/or owner requesting to have a split sample tested shall be responsible for all charges and costs incurred in shipping and testing the split sample.

(3)   Payment for the costs incurred in transporting and testing the split sample must be received by the OHRC within five (5) working days of the trainer and/or owner being provided a list of referee laboratories agreeing to accept said split. If the trainer and/or owner fails to notify the OHRC in writing, of their choice of referee laboratory agreeing to accept the split sample, along with payment within this time, the split sample will not be released or shipped by the OHRC and said trainer and/or owner will have relinquished his/her right to have the split sample tested.

(4)   Upon verified completion of all prerequisites, OHRC personnel shall ensure that the split sample is sent to the designated laboratory for testing.

(5)   The trainer, the trainer's authorized representative or employee, the owner, or other licensed person designated by the owner may witness the packaging and shipping of biological samples. Failure to appear at the appointed time to witness the packaging and shipping of biological samples constitutes a waiver of the right to do so;

(6)   Failure of a trainer and/or owner to submit a timely request for split testing or failure to make timely payment for the costs of split testing shall constitute a waiver of any and all rights to have a split test performed.

(e)   The results of the split test shall not prohibit the Commission from imposing appropriate penalties for substance violations, including the disqualification of a horse or other penalties imposed against the trainer.

(1)   If the primary test results are not confirmed by the split test, the Commission shall reimburse the trainer and/or owner requesting the split test the cost of shipment and testing.

(2)   Contradictory split test results or split test results that do not confirm the primary test results may be offered by a trainer and/or owner as evidence to rebut the prima facie evidence of a substance violation established by the primary test results. However, a request for a split test shall not obligate Commission staff to submit evidence of confirmatory split test results for the purposes of proving that a substance violation occurred.

(f)   Nothing in this Section shall prevent the Commission or Executive Director from ordering first use of both sample portions for testing purposes.

[Source: Amended at 23 Ok Reg 2071, eff 5-9-06 (emergency); Amended at 23 Ok Reg 2594, eff 6-25-06; Amended at 30 Ok Reg 511, eff 5-15-13; Amended at 33 Ok Reg 1549, eff 9-11-16; Amended at 35 Ok Reg 347, eff 12-18-17 (emergency); Amended at 35 Ok Reg 1535, eff 9-14-18; Amended at 36 Ok Reg 1505, eff 8-14-19 (emergency); Amended at 37 Ok Reg 1684, eff 9-14-20]