(1)
Alcohol
prohibition/preliminary breath test. Licensees whose duties require
them to be in a restricted area of a racing
facility shall not have present
within their systems an amount of alcohol of 0.05 percent or more. A restricted
area is a designated area for sample collection, paddock, racetrack, or other
area where racing officials carry out the duties of their positions.
Acting with reasonable cause, a commission representative may
direct the above licensees to submit to a preliminary breath test. A licensee
shall, when so directed, submit to examination.
If the results show a reading of 0.05 percent alcohol content
or more, the licensee shall not be permitted to continue duties for that day.
For a second violation, the licensee shall not be permitted to continue duties
for that day and then shall be subject to fine or suspension by the board or
commission representative. For a subsequent violation, the licensee may be
subject to procedures following positive chemical analysis (see
6.28(3)).
If the results show a reading of 0.10 percent alcohol content
or more, the licensee is subject to fine or suspension by the board or
commission representative. For a subsequent violation, the licensee may be
subject to procedures following positive chemical analysis (see
6.28(3)).
(2)
Drug
prohibition/body fluid test. Licensees whose duties require them to be
in a restricted area, as defined in subrule 6.28(1), of a racing
facility shall
not have present within their systems any controlled substance as listed in
Schedules I to V of U.S.C. Title 21 (Food and Drug Section 812), Iowa Code
chapter 124 or any prescription drug unless it was obtained directly or
pursuant to valid prescription or order from a duly licensed physician or
physician assistant who is acting in the course of professional practice.
Acting with reasonable cause, a
commission representative may direct the above
licensees to deliver a specimen of urine or subject themselves to the taking of
a blood sample or other body fluids at a collection site approved by the
commission. In these cases, the
commission representative may prohibit the
licensee from participating in racing until the
licensee evidences a negative
test result. Sufficient sample should be collected to ensure a quantity for a
split sample when possible. A
licensee who refuses to provide the samples
herein described shall be in violation of these
rules and shall be immediately
suspended and subject to disciplinary action by the
board or
commission
representative. All confirmed positive test costs and any related expenses
shall be paid for by the
licensee. Negative tests shall be at the expense of
the
commission.
With reasonable cause noted, an on-duty commission
representative may direct a licensee to deliver a test. The commission
representative shall call the approved laboratory or hospital and provide
information regarding the person who will be coming; that the licensee will
have a photo ID; the name and number to call when the licensee arrives; to whom
and where to mail the results; and who should be called with the results. The
licensee will be directed to immediately leave the work area and proceed to an
approved laboratory or hospital for testing with the following
directions:
1. If under impairment, the
licensee must have another person drive the licensee to the laboratory or
hospital.
2. On arrival at the
laboratory or hospital, the licensee must show the license to the admitting
personnel for verification.
3. On
arrival at the laboratory or hospital, the licensee shall be required to sign a
consent for the release of information of the results to a commission
representative.
(3)
Procedures following positive chemical analysis.
a. After professional evaluation, if the
licensee's condition proves nonaddictive and not detrimental to the best
interest of racing, and the licensee can produce a negative test result and
agrees to further testing at the discretion of the commission representative to
ensure unimpairment, the licensee may be allowed to participate in
racing.
b. After professional
evaluation, should the licensee's condition prove addictive or detrimental to
the best interest of racing, the licensee shall not be allowed to participate
in racing until the licensee can produce a negative test result and show
documented proof of successful completion of a certified alcohol/drug
rehabilitation program approved by the commission. The licensee must also agree
to further testing at the discretion of the commission representative to ensure
unimpairment.
c. For a second
violation, a licensee shall be suspended and allowed to enroll in a certified
alcohol/drug rehabilitation program approved by the administrator and to apply
for reinstatement only at the discretion of the
administrator.
