SECTION 325:50-1-3.1. Prohibited Licensee Activities/Substance Abuse Testing Procedures/Assessment/Treatment/ Penalties  


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  • (a)   All licensees shall be deemed to be exercising the privileges of their license, and to be subject to the requirements of these rules, when engaged in activities that could affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas.
    (b)   It shall be a violation to exercise the privileges granted by a license from this Commission if the licensee:
    (1)   Is engaged in the illegal sale or distribution of alcohol or a controlled substance;
    (2)   Possesses, without a valid prescription, a controlled substance;
    (3)   Is intoxicated or under the influence of alcohol or a controlled substance;
    (4)   Is addicted, having been determined to be so by a professional evaluation, to alcohol or other substance and not engaged in an abstinence-based program of recovery acceptable to the Commission;
    (5)   Has in his/her possession within the enclosure any equipment, products or materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled dangerous substance;
    (6)   Refuses to submit to substance and/or alcohol testing, when notified that such testing is based on reasonable grounds that the person is using substance or alcohol or is based on the licensee's acting as if in an impaired condition; or
    (7)   Presently has controlled substances or alcohol in his or her body. With regard to alcohol, the results of a breathalyzer test showing a reading of more than .05 percent of alcohol in the blood shall be the criterion for a finding of alcohol present in the body. With regard to other controlled substances, presence of the substance in any quantity measured by the testing instrument establishes the presence of the substance for purposes of this paragraph.
    (c)   The fact that a person charged with a violation of this rule is or has been lawfully entitled to use a prescribed substance shall not constitute a defense against any charge of violating this rule.
    (d)   At its discretion, the Commission may conduct substance and/or alcohol testing in order to ensure safety on the racetrack.
    (e)   When conducted, substance and/or alcohol testing shall apply, equally, to all licensees who may affect the outcome of a race and are exercising the privileges of their license.
    (f)   No notice need be given as to onset or cessation of substance and/or alcohol testing.
    (g)   For licensees who are tested under the provisions in this chapter, and whose testing shows the presence of controlled substances or alcohol, any field screening test results shall be confirmed by a laboratory acceptable to the Commission which shall include Gas Chromatography/Mass Spectrometry (GC/MS) procedures.
    (h)   When the sample quantity permits, each test sample shall be divided into portions so that one portion may be used for the confirmation procedure and another portion may be utilized for the licensee to obtain an independent analysis of the urine sample through the Commission designated laboratory.
    (i)   The Commission shall provide for a secure chain of custody for the sample to be made available for substance and/or alcohol testing for the licensee.
    (j)   All costs for the transportation and testing for the sample portion for the licensee shall be the financial responsibility as follows:
    (1)   If the licensee is required by order/ruling by a Board of Stewards or OHRC to obtain testing prior to being eligible for license, all cost associated with substance and/or alcohol testing shall be paid by applicant.
    (2)   If the licensee is ordered to obtain a substance and/or alcohol test by an OHRC Representative, all cost associated with testing shall be paid by OHRC.
    (k)   Payment shall be made prior to substance and/or alcohol testing.
    (l)   Refusal to submit to a required substance and/or alcohol test will result in an immediate one hundred eighty (180) day suspension and require two (2) negative test results thirty (30) days apart prior to reinstatement. However, a licensee penalized or restricted pursuant to this chapter shall retain rights of due process with respect to any determination of alleged violations which may adversely affect the capacity to hold a license.
    (m)   If there has been a violation, under (b) above, the following additional procedures will be followed:
    (1)   The Stewards/Commission may, at its discretion, order the licensee to obtain a professional assessment to determine whether there is a substantial probability that the licensee is dependent on, or abuses, alcohol or other substance or the Stewards/Commission may act on the information at hand.
    (2)   Actions in the case of a first violation may include revocation of the license, suspension of the license for up to six (6) months, placing the violator on probation for up to ninety (90) days and/or ordering formal assessment and treatment.
    (3)   Actions in the case of a second violation may include revocation of the license, suspension of the license up to one (1) year and/or a professional assessment of the person may be ordered by the Stewards/Commission.
    (4)   Treatment or assessment, if ordered, must meet the conditions established in this rule.
    (5)   If a professional assessment indicates presence of a problem of alcohol or other substance abuse that is not treatable within the reasonably foreseeable future (360 days) the license may be suspended for a period of up to one (1) year.
    (6)   If a professional assessment indicates presence of a treatable problem of alcohol or other substance abuse or dependence, the Stewards/Commission may order the licensee to undergo treatment as a condition of continuing licensure. The treatment will be through a program or by a practitioner, acceptable to the licensee and the Stewards/Commission. Required features of any program or practitioner acceptable to the Stewards/Commission will be:
    (A)   Accreditation or licensure by an appropriate government agency, if required by state statute;
    (B)   A minimum of one (1) year follow-up of formal treatment; and
    (C)   A formal contract indicating the elements of the treatment and follow up program that will be completed by the licensee and, upon completion, certified by the program administrator to the Stewards/Commission as completed. To effect the contract, the licensee will authorize release of information by the treating agency, hospital or individual.
    (7)   When a licensee is determined to have failed in maintaining abstinence, the licensee shall furnish to the Stewards/Commission an assessment by the treating agency, hospital or individual practitioner indicating whether the licensee was compliant with the agreed upon program of recovery.
    (8)   Persons being reinstated following a violation of these rules who have not successfully completed a rehabilitation program shall submit a negative substance and/or alcohol test prior to being licensed.
    (9)   Actions in the case of a third violation may include revocation of the license and the violator being deemed ineligible for licensure for up to five (5) years.
    (10)   Prior human substance abuse violation reflected on a person(s) racing records from any racing jurisdiction(s) recognized by the Commission, including Oklahoma, shall be counted as violations when determining appropriate penalties as set forth in this rule.
[Source: Added at 13 Ok Reg 2575, eff 6-28-96; Amended at 34 Ok Reg 1322, eff 9-11-17; Amended at 37 Ok Reg 1691, eff 9-14-20]