8.22.3303 ALCOHOL AND DRUG TESTING
(1) No licensee of any entity associated with the conduct of racing while on
the grounds of a licensed race track or simulcast facility shall have present
within the licensee's system any amount of alcohol which would constitute legal
impairment or intoxication.
designated board of horse racing representative may direct any such licensee or
employee to submit to a breathalyzer test.
Such licensee or employee shall, when so directed, submit to such
examination. If the results thereof
show a reading of .05 percent alcohol content or more, such licensee or
employee shall not be permitted to continue his/her duties for that day. Such licensee or employee shall then be
subject to fine or suspension by the stewards or board of horse racing.
a subsequent alcohol related violation such licensee shall be subject to
procedures outlined in (18) .
licensee of any entity associated with the conduct of racing while on the
grounds of a licensed race track or simulcast facility shall have within the
licensee's system any controlled substance as listed in the U.S. Code, Title 21
(Food and Drug Laws) or any prescription drug unless such prescription drug was
obtained directly or pursuant to valid prescription or order from a licensed
shall be required to furnish urine or blood samples as part of their
pre-licensing medical examination for drug screening purposes.
to submit to the test, or test results reporting a presence of illegal drugs or
narcotics, or the use of non-prescription drugs shall be grounds for refusal to
license the applicant. Any use or possession
of illegal drugs that constitutes a felony shall preclude any further
consideration of the license application.
found to be involved in the illegal sale, manufacture or distribution of any
narcotic/drug will be subject to license disciplinary action.
demonstrating addiction to any narcotic/drug will be subject to license
improper use of any narcotic/drug by a licensee after licensing will be grounds
for license disciplinary action.
licensees will be required to submit to tests for alcohol, drug or narcotic
usage as outlined below:
steward may order a drug test when, after consultation with another steward or
board representative, both concur that there is documentation that a licensee:
impaired or incapable of performing his/her assigned duties; or
(ii) has high absenteeism, or other behavior inconsistent with previous
contents of the documentation shall be made available to the licensee.
may be ordered by a steward to submit to a drug test:
the allegation involves the use, possession or sale of drugs or narcotics; or
the allegation involves the actual use of force; or
there is serious on-duty injury to the licensee or another person; or
two or more representatives of the jockeys at any race track advise the
stewards at the track that they believe a jockey, who is scheduled to ride, is
under the influence of drugs and/or alcohol, the stewards or their agents have
probable cause for conducting such drug and/or alcohol tests on such jockeys as
they deem appropriate.
steward who orders a drug test when there is a reasonable objective basis for
suspecting usage shall forward a report containing the facts and circumstances
directly to the board.
results reporting a presence of illegal drugs or narcotics, or the use of
prescription, or the abuse of any over-the-counter drug, will be provided to
the stewards by the board.
licensee designated to give a sample must be positively identified prior to any
sample being obtained.
room where the sample is obtained must be private and secure. An observer of the appropriate sex shall be
present for direct observation to ensure the sample is from the employee and
was actually passed at the time noted on the record. Specimen collection should not demean, embarrass, or cause
physical discomfort to the licensee.
interview shall be conducted with the licensee prior to the test to establish
use of drugs currently taken under medical supervision.
samples must be sealed, labeled and checked against the identity of the
licensee to ensure that the results match the testee. Samples shall be sorted in a secured and refrigerated atmosphere
until tested or delivered to the testing lab representative.
(10) Licensees who have been subjected to drug tests and shown to be drug
free, shall receive a letter stating that no illegal drugs were found. If the licensee requests, a copy of the
letter will be placed in the licensee's personal file.
(11) Licensees shall not take any narcotics or dangerous substance unless
prescribed by a person licensed to practice medicine. Licensees shall submit, when requested by a steward, a doctor's
statement attesting to their ability or inability to competently perform their
work functions while under the influence of the prescriptive drugs.
(12) Members of the board and its designated representatives shall have
the authority to full and complete entry on and to any and all parts of the
grounds and mutuel plants of any licensee.
Licensees who have a reasonable basis to believe that another licensee
is illegally using drugs or narcotics shall report such facts and circumstances
immediately to the state steward of the live race meet or the simulcast
director of the simulcast facility. Any
licensee who refuses to take the required drug test or to follow this rule is
subject to be immediately relieved from duties pending administrative review.
(13) Acting with reasonable cause, the stewards or a designated board of
horse racing representative may direct any such licensee or employee to deliver
a specimen of urine in the presence of the state steward or state security or
other properly trained, duly licensed officials as designated by the board or
subject himself/herself to the taking of a blood sample or sample of other body
fluids by a duly licensed physician as designated by the board of horse racing.
(14) In such cases the stewards or the board of horse racing
representative may prohibit such licensee or employee
from participating in that day's racing or simulcast
activities or other racing or simulcast activities until such time as said
licensee or employee evidences a negative test result.
(15) Sufficient sample shall be collected to insure a quantity for a
split sample when possible.
(16) Refusal by such licensee or employee to provide the samples herein
described, as so directed, shall be in violation of these rules and shall
subject such licensee or employee to sanctions by the stewards or the board of
(17) All random testing shall be at the expense of the board of horse
racing and the racing association on a 50-50 basis. All scheduled testing, done
under board order or other court or drug counselor order shall be at the
expense of the person being tested.
(18) First time violators shall not be allowed to participate in racing
until such time as their condition has been professionally evaluated and a
professional written opinion is received stating that they can function safely
without risk to the public and without detriment to the best interests of
such evaluation, if said licensee's or employee's condition proves
non-addictive and not detrimental to the best interest of racing, said licensee
or employee shall be allowed to participate in racing provided he/she can
produce a negative test result and agrees to further testing at the discretion
of the stewards or designated representative of the board to insure his/her
such professional evaluation, should said licensee's or employee's condition
demonstrate addiction or a condition detrimental to the best interest of
racing, said licensee or employee shall not be allowed to participate in racing
until such time as he/she can produce a negative test result and show
documented evidence that he/she has successfully completed a certified
alcohol/drug rehabilitation program approved by the board of horse racing. Said licensee or employee must agree to
further testing at the discretion of the stewards or designated representative
of the board to insure his/her unimpairment.
this is the second offense, the jockey shall not be permitted to ride again for
six months, and until he/she presents the stewards with a statement that he or
she has satisfied the requirements of an appropriate rehabilitation program,
with a negative test result and with an agreement to further testing at the
discretion of the stewards; and
this is the third offense, such jockey's license shall be revoked.
History: 23-4-104, MCA; IMP, 23-4-104, 23-4-202, 23-4-301, MCA; NEW, 1987 MAR p. 100, Eff. 1/30/87; AMD, 1990 MAR p. 1891, Eff. 10/12/90; TRANS & AMD, from Dept. of Commerce, 2002 MAR p. 1500, Eff. 5/17/02; TRANS, from 32.28.1503, 2015 MAR p. 2252, Eff. 12/25/15.