Kan. Admin. Regs. § 112-10-8 - Testing
(a) The stewards
may require any horse entered in a race to submit to a blood test or other
pre-race test. No horse shall be eligible to start in a race until the owner or
trainer complies with the required test procedure.
(b) A blood, urine, or other sample shall be
taken from the winner of each race and from each other horse designated by the
stewards.
(c) Each blood, urine,
or other sample specimen shall be taken under the supervision of the animal
health officer or assistant animal health officer. Each sample shall be taken
in the test barn unless approved otherwise by the animal health officer or
assistant animal health officer.
(d) After each horse enters the test barn, it
shall be cooled out for a minimum of 30 minutes before the sample is taken
unless otherwise authorized by the animal health officer or assistant animal
health officer.
(e) Each trainer,
or authorized representative of the trainer, shall witness and confirm the
taking of test samples and shall sign the confirmation card.
(f) A trainer or owner may waive the right to
witness the collection of a test sample from a racing animal if the trainer's
authorized representative witnessing the collection of the test sample is less
than 18 years of age. The trainer shall execute a voluntary and knowing waiver
of the right to witness the collection of the test sample before the time of
collection. Each trainer waiving the right to witness the collection of a test
sample from a racing animal shall be estopped from later claiming any defect in
the process of collecting and identifying the test sample.
(g) When any horse has been in the test barn
for more that one hour, the assistant animal health officer may take a blood
sample in lieu of a urine sample and submit the blood plasma from the sample to
the test laboratory for testing.
(h) Each test sample shall remain in the
custody of the animal health officer or assistant animal health officer from
the time it is secured until it is delivered for shipment to the test
laboratory.
(i) No person shall
tamper with, adulterate, add to, break the seal of, remove, or otherwise
attempt to alter or violate any test sample taken, but preservatives or
additives necessary for analysis of the sample may be added by the
commission-approved test laboratory.
(j) The test laboratory or the animal health
officer and assistant animal health officer may be directed by the commission
to retain and preserve test samples for future analysis.
(k) The fact that purse money has been paid
before the issuance of a laboratory report shall not be deemed a finding that
no prohibited substance has been administered to the horse earning the purse
money in violation of these racing regulations.
Notes
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