§ 188.4. Test results.
(a) Action upon initial positive test result. A driver, trainer, groom or official who is initially tested positive for a controlled substance or prescription drug as part of a test administered using a portable drug detection device may be prohibited from participating in racing programs by the presiding judge until, in the judgment of the presiding judge, the tested individual is capable of safely participating in racing activities.
(b) Action upon confirmed positive test result. Initial positive test results shall be analyzed by a clinical laboratory which is approved by the Department of Health under 28 Pa. Code § 5.50 (relating to approval to provide special analytical services) to provide confirmatory urine content drug testing specialized laboratory services. If the clinical laboratory analysis confirms an initial positive test for a controlled substance or prescription drug, other than a controlled substance or prescription drug used under a valid prescription or order under § 188.1 (relating to use of controlled substances), the Executive Secretary will:
(1) For the first violation, issue a written reprimand and warning and notify the tested individual that he will be subject to mandatory drug testing for a period of time as determined by the Executive Secretary, and that further violations shall result in the sanctions of paragraphs (2) and (3).
(2) For a second violation, require the tested individual to enroll in a treatment program approved by the Commission upon reasonable terms and conditions as required and at the cost of the tested individual. The tested individual shall be permitted to participate in racing activities prior to completion of the treatment program only if continued participation would not be detrimental to the best interests of racing or would not be unsafe, as determined by the Executive Secretary. The tested individual shall provide the Commission written notice of his enrollment, weekly status reports and written notice of his successful completion of, and discharge from, the program. If a tested individual fails to comply with this paragraph, his license will be suspended until compliance is obtained. Upon successful completion of a treatment program, the tested individual will be permitted to participate in racing activities if permission had been denied by the Executive Secretary.
(3) For a third or subsequent violation, inform the tested individual that he may be liable under the penalties in sections 213 and 214 of the Race Horse Industry Reform Act (4 P. S. § § 325.213 and 325.214), or he may be required to enroll in a treatment program in lieu of the penalties, at the discretion of the Commission.
(c) Review. Actions by a presiding judge, associate judge or the Executive Secretary under this section are subject to review by the Commission if review is requested in writing within 10 days of receipt of written notice of the actions. The Commission may affirm, modify or reverse action taken by a presiding judge, associate judge or the Executive Secretary if the action is consistent with the best interests of racing.
(d) Positive test. For purposes of this section, a positive test is a test result indicating the presence of any amount of a controlled substance or prescription drug.
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