(1) The board may require
the licensee to set apart a building or other enclosure in a building in a
location acceptable to the board containing such facilities for medication or
other test of horses as may be required by the board.
horses entered in races held under these rules may be subject to inspection by
the track veterinarian at any time before or after a race. After each race whenever possible a urine
sample shall be collected from each winning horse and such other horses as may
be designated by the stewards. Such
samples shall be designated as official samples and they shall be sealed in the
presence of the trainer or his authorized representative and an official
receipt signed by such person to indicate that the sample is a true and prompt
sample from the horse in question shall be given.
stewards of the meeting may require at any time that any horse be sent to the
testing enclosure for the taking of such specimens of saliva, urine and/or
blood as shall be directed, as well as for an examination for
"sponging" and other examinations as may be directed.
trainer or his authorized representative must be present in the testing
enclosure when saliva, urine or other specimen is taken from his horse, and
must remain until the sample tag attached to the specimen shall be signed by
the trainer or his representative as witness to the taking of the
specimen. Willful failure to be present
at or refusal to allow the taking of any such specimen, or otherwise to
interfere therewith, shall subject the person or persons guilty thereof, to
immediate disciplinary action by the stewards of the meeting and the matter
shall be referred to the board for such further action as in their discretion
they may determine.
specimens taken by or under the direction of the track veterinarian or other
authorized representative of the board shall be delivered to the laboratory
approved by the board for official analysis.
Each specimen shall be marked by number and date and may also bear such
information as may be essential to its proper analysis; but the identity of the
horse from which the specimen was taken or the identity of its owner, trainer,
jockey, or the stable shall not be revealed to the laboratory.
container of each specimen shall be sealed as soon as the specimen is placed
therein, and each such seal shall bear the name of the race meet.
(6) The official veterinarian, the board
representatives, the stewards or their authorized representatives may take
samples of any medicines, feeds or other materials suspected of containing
substances which might affect the performance of a horse in a race which may be
found in the stables or elsewhere on the premises of a licensee, or in the
possession of any person on the premises of the licensee.
trainer, groom, assistant trainer and substitute trainer having charge, custody
or care of horses racing on any track under the jurisdiction of the board are
obligated to protect the horses in their care against the administration of any
substance which could affect the performance of a horse in a race. Failure to protect any horse may result in
any penalty deemed proper by the stewards and the matter may be referred to the
trainer shall be absolutely responsible for the condition of any horse he
enters in a race as disclosed by any test and/or analysis conducted by an
of any material or substance, for human or animal use, not approved by the U.S.
food and drug administration or use of such material or substance on a horse by
external application, ingestion or injection or in any other manner is
(10) Any licensed veterinarian who administers or makes available for
administration by external application, ingestion or injection or by any other
means any material or substance to a horse stabled at a licensed race meeting
during the course of the race meeting shall maintain records of all treatments
and make those records available to the board or its representative upon
rule shall not apply to water, heat or cold treatment or customary liniments or
salves, provided the same be applied externally only.
(11) Should any analysis made by any testing laboratory approved by the
board, or any urine, saliva, blood or other sample taken from a horse entered
in a race, before or after the race, prove positive, i.e. show the presence of
any narcotic, stimulant, depressant, or any derivative or compound thereof, or
any other identifiable drug or ingredient, the testing laboratory shall report
the positive test in the manner described.
The approved testing laboratory shall send an original and a duplicate
signed copy reporting the results of such analysis and/or test the testing
laboratory has conducted to the office of the board. The board secretary shall file the original and immediately mail
duplicate copy to the state steward.
(12) The state steward shall not authorize purse payment of a race until
the state steward has received a report from the approved testing
laboratory. If the report shows a
positive test indicating the presence of a forbidden substance, the stewards
will conduct a hearing. The purse shall
not be released until ordered by the stewards after hearing the case.
(13) When the stewards receive a written report from the testing
laboratory that a positive urine or other test has been found, they shall at
once summon the trainer, the groom or grooms, and any other employees of the
trainer who may have had contact with the horse from which a positive test was
obtained. The trainer, grooms and such
other employees shall appear before the stewards.
(14) After the stewards have informed the trainer of the positive test,
they shall request the security officer or officers to assist them to accompany
the trainer to the stable and to conduct in the presence of the trainer, a
thorough search of the trainer's barn, automobile, and any other vehicles which
the trainer may have in the trainer's possession or under the trainer's
(15) As a result of the evidence gathered, the board of stewards shall
have the authority to fine and/or suspend or revoke the license of a trainer up
to the limits allowed in 23-4-202, MCA.
If for any reason the stewards determine the matter should be heard by
the board of horse racing, they have the option of imposing such sanctions as
they see fit and referring the matter for further action to the board of horse
(16) Any horse showing a positive test indicating the presence of a
forbidden substance shall be subject to disqualification and the owner or
owners shall not participate in the purse distribution and shall not receive
any trophy, blanket, or other prize awarded unless so ordered by the board
after hearing the case.
(17) Any track record established by a horse showing a positive test
indicating the presence of a forbidden substance shall be null and void.
(18) Except by specific written permission of the stewards, no person
other than a licensed veterinarian within the grounds of a race meet where
horses are lodged or kept shall have in or upon the premises which he occupies
or has the right to occupy, or in his personal property or effects, any
hypodermic instrument or part of a hypodermic instrument.
(19) Any time a positive test and/or analysis is reported by the approved
testing laboratory and at any other time deemed advisable, the board, the
stewards, or duly authorized representative of either may conduct a search for
and seize any illegal paraphernalia, forbidden substance, or substance not
approved by the U.S. food and drug administration.