1. A. Drug Testing.

   1. (1) The stewards or judges may direct a licensee to deliver a specimen of urine, or submit to another noninvasive test, in the presence of the track physician or other representative appointed by the Commission, for the detection of an impermissible drug, using as a basis for this directive:

      1. (a) Reasonable cause for any licensee; or

      2. (b) Random selection for a licensee who:

         1. (i) As part of the licensee's duties and responsibilities, comes into contact with a horse; or
         2. (ii) Is employed by the association as a part of the security force in the backstretch area of the racetrack.

   2. (2) Random drug testing, as provided by §A(1)(b) of this regulation, may be accomplished by the:

      1. (a) Testing of all licensees in a category of licensure;
      2. (b) Selection by lottery of licensees within a category of licensure; or
      3. (c) Selection of licensees who have a documented, or otherwise verified, history of prior drug use within the previous 5 years.
   3. (3) For the purposes of §A(2)(c) of this regulation, the stewards or judges may not direct a licensee to submit to a drug test more than once in a calendar week.
2. B. A sufficient quantity of the specimen shall be collected to provide for a split sample when possible.
3. C. Refusal to submit a specimen as directed by the stewards, judges, or designated Commission representative without good cause shall subject an individual to disciplinary action as provided in this chapter, and the individual may not be permitted to continue to function in the individual's licensed capacity pending a hearing on the matter.
4. D. The presence of a drug or the metabolite of a drug in a specimen is considered a positive specimen, unless it is determined by the stewards, judges, or the Commission that the presence of a drug or the metabolite of a drug in a specimen was not due to purposeful use by the licensee.
5. E. An individual whose specimen is positive is subject to an evaluation and disciplinary action as provided in this regulation.

6. F. Disciplinary Action and Evaluation.

   1. (1) For an individual's initial violation under this regulation, the individual shall be suspended until such time as the individual has been professionally evaluated.

   2. (2) If the professional evaluation indicates that the individual's condition is nonaddictive and not detrimental to the best interests of racing, the suspension shall be lifted after the individual:

      1. (a) Provides the results of a drug test which indicates that the individual presently is drug free; and
      2. (b) Agrees to submit to drug testing at the direction of the stewards, judges, or designated Commission representative to ensure a continuing drug-free condition.

   3. (3) If the professional evaluation indicates that the individual's condition is addictive or detrimental to the best interests of racing, the suspension remains in effect until such time as the individual:

      1. (a) Provides documented proof of successfully completing a certified drug rehabilitation program approved by the Commission;
      2. (b) Provides the results of a drug test which indicates that the individual presently is drug free; and
      3. (c) Agrees to submit to drug testing at the direction of the stewards, judges, or designated Commission representative to ensure a continuing drug-free condition.
7. G. For an individual's second violation under this regulation, the individual shall be suspended for an indefinite period and may apply for reinstatement only in the discretion of the Commission following completion of a certified drug rehabilitation program approved by the Commission.

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Effective date: January 2, 1994 (20:26 Md. R. 2027)

Regulation .01 amended as an emergency provision effective May 18, 2017 (44:12 Md. R. 585); emergency status expired September 1, 2017

Regulation .01 amended effective September 25, 2017 (44:19 Md. R. 896)

Regulation .01B amended as an emergency provision effective October 27, 1995 (22:23 Md. R. 1794); emergency status expired April 1, 1996

Regulation .01B amended effective October 29, 2001 (28:21 Md. R. 1855); October 24, 2005 (32:21 Md. R. 1707)

Regulation .01B amended as an emergency provision effective January 1, 2009 (35:24 Md. R. 2068); amended permanently effective February 23, 2009 (36:4 Md. R. 353)

Regulation .01B amended effective October 15, 2012 (39:20 Md. R. 1306); January 1, 2014 (40:20 Md. R. 1651); December 19, 2016 (43:25 Md. R. 1384)

Regulation .01B amended as an emergency provision effective February 1, 2020 (47:4 Md. R. 260); amended permanently effective May 18, 2020 (47:10 Md. R. 515)

Regulation .01-1 adopted effective January 1, 2014 (40:20 Md. R. 1651)

Regulation .01-1 amended effective October 13, 2014 (41:20 Md. R. 1112)

Regulation .01-1 amended as an emergency provision effective May 24, 2016 (43:13 Md. R. 711); amended permanently effective October 24, 2016 (43:21 Md. R 1165)

Regulation .01-1 amended as an emergency provision effective February 1, 2020 (47:4 Md. R. 260); amended permanently effective May 18, 2020 (47:10 Md. R. 515)

Regulation .01-1 amended as an emergency provision effective November 1, 2021 (48:24 Md. R. 1024); adopted permanently effective February 7, 2022 (49:3 Md. R. 138)

Regulation .01-1E-1 adopted as an emergency provision effective August 1, 2015 (42:16 Md. R. 1052); adopted permanently effective October 26, 2015 (42:21 Md. R. 1300)

Regulation .01-1E repealed and Regulation 01-1E-1 renumbered to be new Regulation .01-1E effective March 1, 2021 (48:4 Md. R. 176)

Regulation .01-1G amended effective March 26, 2018 (45:6 Md. R. 318)

Regulation .01-1M-1 adopted effective February 29, 2016 (43:4 Md. R. 331)

Regulation .01-2 adopted effective April 1, 2020 (47:6 Md. R. 341)

Regulation .02 amended as an emergency provision effective January 1, 2015 (42:1 Md. R. 12); amended permanently effective February 16, 2015 (42:3 Md. R. 315)

Regulation .02C amended effective April 24, 2017 (44:8 Md. R. 401)

Regulation .03A amended effective April 28, 2003 (30:8 Md. R. 539)

Regulation .03C adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1807); adopted permanently effective April 28, 2003 (30:8 Md. R. 539)

Regulation .03C amended effective August 15, 2005 (32:16 Md. R. 1392); December 28, 2020 (47:26 Md. R. 1107)

Regulation .04 amended effective October 29, 2001 (28:21 Md. R. 1855); January 1, 2014 (40:20 Md. R. 1651)

Regulation .04A amended effective July 4, 1994 (21:13 Md. R. 1155); April 22, 2019 (46:8 Md. R. 401)

Regulation .04C amended effective October 6, 1997 (24:20 Md. R. 1403)

Regulation .04D-1 adopted effective March 27, 2006 (33:6 Md. R. 578)

Regulation .04G amended effective March 27, 2006 (33:6 Md. R. 578)

Regulation .05A amended effective March 13, 1995 (22:5 Md. R. 366); October 30, 2000 (27:21 Md. R. 1974)

Regulation .05D amended effective January 16, 1995 (22:1 Md. R. 19)

Regulation .08 amended effective May 4, 1998 (25:9 Md. R. 678); November 30, 1998 (25:24 Md. R. 1772); October 29, 2001 (28:21 Md. R. 1855); September 30, 2002 (29:19 Md. R. 1523); October 24, 2005 (32:21 Md. R. 1707); January 1, 2014 (40:20 Md. R. 1651)

Regulation .08A amended as an emergency provision effective July 31, 2020 (47:18 Md. R. 823); emergency status expired December 28, 2020

Regulation .08A amended effective December 28, 2020 (47:26 Md. R. 1107)

Regulation .08A-1 adopted as an emergency provision effective July 31, 2020 (47:18 Md. R. 823); emergency status expired December 28, 2020

Regulation .08A-1 adopted effective December 28, 2020 (47:26 Md. R. 1107)

Regulation .08G amended as an emergency provision effective March 15, 2021 (48:7 Md. R. 258); amended permanently effective June 28, 2021 (48:13 Md. R. 508)

Regulation .08H amended effective January 16, 1995 (22:1 Md. R. 19)

Regulation .08I amended effective October 9, 1995 (22:20 Md. R. 1542)

Regulation .08I amended as an emergency provision effective October 27, 1995 (22:23 Md. R. 1794); emergency status expired April 1, 1996

Regulation .08I amended as an emergency provision effective April 2, 1996 (23:7 Md. R. 548); amended permanently effective August 26, 1996 (23:17 Md. R. 1247)

Regulation .08J amended effective May 5, 1997 (24:9 Md. R. 656)

Regulation .09D, G amended effective May 25, 2026 (53:10 Md. R. 454)

Regulation .09H amended effective August 14, 1995 (22:16 Md. R. 1220)

Regulation .10 adopted as an emergency provision effective May 18, 2017 (44:12 Md. R. 585); emergency status expired September 1, 2017

Regulation .10 adopted effective September 25, 2017 (44:19 Md. R. 896)