WSR 05-04-085

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed February 2, 2005, 8:05 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-24-041.

     Title of Rule and Other Identifying Information: Chapter 260-34 WAC, Drug and alcohol testing of licensees and employees.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on March 10, 2005, at 9:30 a.m.

     Date of Intended Adoption: March 10, 2005.

     Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by March 7, 2005.

     Assistance for Persons with Disabilities: Contact Patty Sorby by March 7, 2005, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Major changes are being proposed to chapter 260-34 WAC as part of the agency's effort in regulatory reform directed by Executive Order 97-02. The proposed changes to existing rules includes: (1) Eliminating the reference to "employees" from the chapter; (2) eliminating unnecessary language from the chapter; (3) adding provisions that allow commission security investigators to test applicants or licensees when reasonable suspicion exists; (4) adding a new section placing any person who exercises the privileges of their license under the jurisdiction of the commission; (5) clarifying the steps to be taken when a person refuses to test; (6) establishing standard penalties for the possession or use of illegal drugs or being under the influence of alcohol and/or drugs, and providing for a one-time opportunity to stay a penalty if a licensee or applicant can show proof of participation in a drug rehabilitation or alcohol treatment program; (7) eliminating the current rules allowing the commission to monitor and track persons found to be in violations of chapter 260-34 WAC; and repeals WAC 260-34-040, 260-34-050, 260-34-110, 260-34-120, 260-34-130, 260-34-140, 260-34-150, 260-34-160, 260-34-170, and 260-34-190.

     Reasons Supporting Proposal: As part of the agency regulatory reform effort, the agency is proposing simplifying current language by eliminating unnecessary language, and by repealing ten sections no longer needed.

     Statutory Authority for Adoption: RCW 67.16.020 and [67.16.]040.

     Statute Being Implemented: None.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington Horse Racing Commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

February 1, 2005

R. M. Leichner

Executive Secretary

OTS-7695.2

Chapter 260-34 WAC

DRUG AND ALCOHOL TESTING OF LICENSEES ((AND EMPLOYEES))


AMENDATORY SECTION(Amending Order 89-02, filed 6/9/89)

WAC 260-34-010   Primary purpose.   In order to protect the integrity of horse racing in the state of Washington, and to protect the ((health and welfare of licensees and employees engaged in horse racing within the state of Washington, to prevent the exploitation of the public, licensees and/or employees engaged in horse racing in the state of Washington, to foster fairness of competition within the racing industry and in order to protect public safety within the state of Washington, the)) safety of the public and all participants, the Washington horse racing commission intends to regulate ((at all race meets licensed by it,)) the use of any illegal controlled substances ((as listed in chapter 69.50 RCW or any legend drug as defined in chapter 69.41 RCW unless such legend drug was obtained directly and pursuant to a valid prescription from a duly licensed physician or dentist acting in the course of his or her professional practice. The commission recognizes that the most effective preventive measures are also measures considered by many to be most invasive of civil liberties, and intends to limit the impact on civil liberties by implementing limited preventative measures. The commission also recognizes that there are limits to the known correlation between the use of drugs, drug levels in bodily fluids and impairment from the presence of those drugs in the body, but that the known possible impairment and detriment to the integrity of the horse racing industry from the use of drugs warrants appropriate measures to prevent such use)) and alcohol by licensees at all race meets. This chapter shall be applicable to ((any)) all licensees ((or employee who is responsible for the conduct of, or the officiating of, a race or whose duties include the training, exercising, riding, driving, or caring for a horse while the horse is on any association premises to participate in a horse racing meet)) while that licensee is on the grounds of any race track during its licensed race meet.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-006 (Order 89-02), § 260-34-010, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-010, filed 4/15/88.]


AMENDATORY SECTION(Amending Order 89-02, filed 6/9/89)

WAC 260-34-020   Use of controlled substances and alcohol.   No licensee or ((employee of any racing association or any employee of the horse racing commission or applicant who is, or may be, responsible for the conduct of, or officiating of a race, or whose duties include the training, exercising, riding, driving, or caring for a horse while the horse is on any association premises to participate in a horse racing meet or on grounds licensed by the horse racing commission,)) applicant shall be under the influence of or affected by intoxicating liquor and/or drugs, or have within their body any ((drug or)) illegal controlled substance ((unless obtained directly and used pursuant to a valid medical prescription from a duly licensed physician or dentist acting in the course of his or her professional practice while within the enclosure of or on the premises managed by any association)) while on the grounds of any licensed race meet. "Controlled substance" or "drug" as used in this chapter means any substance listed in chapter 69.50 RCW or legend drug as defined in chapter 69.41 RCW. The fact that a licensee or applicant is or has been entitled to use a drug under the laws of the state of Washington shall not constitute a defense against a violation for being under the influence of or affected by intoxicating liquor and/or any drug.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-006 (Order 89-02), § 260-34-020, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-020, filed 4/15/88.]


AMENDATORY SECTION(Amending WSR 00-07-038, filed 3/6/00, effective 4/6/00)

WAC 260-34-030   Testing.   ((The board of)) (1) A steward((s)) of the horse racing commission, a commission security investigator or the commission, acting through the executive secretary, may require any licensee((, employee of any racing association, or employee of the horse racing commission, or applicant, who is, or may be, responsible for the conduct of, or officiating of, a race, or whose duties include the training, exercising, riding, driving, or caring for a horse while the horse is on any association premises to participate in a horse racing meet, or on grounds licensed by the horse racing commission,)) or applicant to provide breath blood and/or urine samples for the purpose of drug or alcohol analysis under any of the following circumstances:

     (((1))) (a) When ((the board of)) a steward((s)) or commission security investigator finds that there is reasonable suspicion to believe that the ((proposed testee)) applicant or licensee has used ((any controlled substance unless such controlled substance was obtained directly and used pursuant to a valid medical prescription from a duly licensed physician or dentist acting in the course of his or her professional practice or, alcohol in excess of the limits prescribed in this chapter)) or is under the influence of alcohol and/or any drug.

     (((2) At the discretion of the stewards when the proposed testee has a documented history of an unexplained positive test which indicates illegal drug usage or when the proposed testee has a documented history of violating chapter 69.41, 69.45 or 69.50 RCW, WAC 260-34-020 or similar drug-related violation.)) (b) When a commission security investigator decides to test any licensee as a condition of any conditional or probationary license.

     (2) For licensees who are tested under the provisions in this chapter, and whose test shows the presence of controlled substances or alcohol, any field screening test results shall be confirmed by a laboratory acceptable to the commission which shall include gas chromatography/mass spectrometry (GC/MS) procedures.

     (a) When the sample quantity permits, each test sample shall be divided into portions so that one portion may be used for the confirmation procedure and another portion may be utilized by the licensee to obtain an independent analysis of the sample. The commission shall provide for a secure chain of custody for the sample to be made available to the licensee.

     (b) All costs for the transportation and testing for the sample portion made available for the licensee shall be the financial responsibility of the requesting person. The licensee or applicant being tested shall reimburse the commission the cost of transportation and testing within thirty days of receipt of notice of the costs.

[Statutory Authority: RCW 67.16.040. 00-07-038, § 260-34-030, filed 3/6/00, effective 4/6/00. Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-006 (Order 89-02), § 260-34-030, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-030, filed 4/15/88.]


NEW SECTION
WAC 260-34-035   Exercising the privileges of their license.   All licensees shall be deemed to be exercising the privileges of their license, and to be subject to the requirements of these rules, when engaging in activities that could affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas.

[]


NEW SECTION
WAC 260-34-045   Violations of the privileges granted licensees.   While exercising the privileges of their license, a licensee shall not:

     (1) Engage in the illegal sale or distribution of alcohol or a controlled substance;

     (2) Possess an illegal controlled substance;

     (3) Be intoxicated or under the influence of alcohol and/or any drug, or have an alcohol concentration of 0.08 percent or higher. Breath analysis for purposes of determining alcohol concentration shall be based upon standards of analysis developed by the state toxicologist as provided in Title 448 WAC;

     (4) Possess on the grounds any equipment, products or materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing an illegal controlled substance, or any equipment, products or materials of any kind, which are used or intended for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal controlled substance;

     (5) Refuse to submit to blood, breath and/or urine testing, when notified that such testing is conducted pursuant to the conditions of WAC 260-34-030;

     (6) Have illegal controlled substances in his or her body. Presence of a controlled substance in any quantity measured by the testing instrument establishes the presence of the drug for the purposes of this section;

     (7) Upon request of the licensee, testing may be by a blood alcohol test. The requesting licensee shall pay the cost of a blood test.

[]


AMENDATORY SECTION(Amending Order 89-02, filed 6/9/89)

WAC 260-34-060   Refusal to test.   (1) When any licensee((, employee,)) or applicant is requested to submit to a test in a manner prescribed by this chapter, the person shall do so in a prompt manner. Refusal to supply such sample shall result in((:

     (a) Immediate suspension of the licensee, employee, or applicant; and

     (b) A hearing)) a conference before the board of stewards in accordance with WAC ((260-24-440 with written notice of the issue to be addressed prepared by the presiding steward, to be held within the next two racing days or seven calendar days, whichever is less, after service of the notice or sooner or later if the licensee, employee, or applicant and the board of stewards agree. Service shall be to the licensee, employee, or applicant personally, by leaving the notice at the person's residence with someone of reasonable age and discretion residing therein, or by mailing the notice to the person's last known address. If by mail, service shall be deemed completed on the third day after mailing)) 260-24-510.

     (2) If the board of stewards finds at the ((hearing that said)) conference that the refusal to test occurred without ((just)) cause, the licensee((, employee,)) or applicant shall be suspended from racing ((for and until such time as a test has been obtained in conformance with this chapter. In the event of a finding of just cause, the licensee, employee, or applicant must submit to a test immediately once the conditions which justly prevented testing abate or can be eliminated.

     (3) Repeated refusal without just cause to submit to an ordered test may result in license revocation and banning from race meets in the state of Washington by the commission after a hearing pursuant to chapters 260-08 and 260-88 WAC)) and referred to the commission for revocation.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-006 (Order 89-02), § 260-34-060, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-060, filed 4/15/88.]


AMENDATORY SECTION(Amending Order 89-02, filed 6/9/89)

WAC 260-34-070   Responsibility to report valid prescriptions.   Whenever any licensee((, employee,)) or applicant has been directed to submit to a drug test and that licensee((, employee,)) or applicant is taking a controlled substance pursuant to a valid prescription on order of a duly licensed physician or dentist, it shall be the licensee's((, employee's,)) or applicant's responsibility to ((give immediately prior to testing written notice to the medical staff member designated pursuant to WAC 260-34-080 or designated representative of the Washington horse racing commission containing the following:

     (1) Name of the licensee, employee, or applicant.

     (2) The name, quantity, and dosage of the controlled substance prescribed.

     (3) The name of the duly licensed physician or dentist prescribing same.

     (4) The date the prescription was prescribed.

     (5) The time and date next preceding the date of the test when the prescribed controlled substance was ingested by the licensee, employee, or applicant.

     All such notices shall become part of the records of the drug test and preserved to maintain strict confidentiality of the contents)) provide to the commission a copy of the prescription or label on the container and indicate the date and time when the substance was last used.

     The fact that a substance was taken pursuant to a valid prescription shall not constitute a defense to a violation if the board of stewards finds that licensee or applicant was under the influence of the substance while exercising the privileges of his/her license.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-006 (Order 89-02), § 260-34-070, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-070, filed 4/15/88.]


AMENDATORY SECTION(Amending WSR 00-07-038, filed 3/6/00, effective 4/6/00)

WAC 260-34-080   Testing procedure.   (((1))) When ((the)) a licensee or applicant has been directed to provide a urine sample for drug testing ((is required as described in WAC 260-34-030,)) the following procedure will be used:

     (((a))) (1) The licensee((, employee,)) or applicant will report ((as instructed by the board of stewards)) to a drug testing facility approved or certified by the ((commission. When on site urinalysis is available the board of stewards may direct the licensee, employee or applicant to submit to drug testing done by a commission security inspector. This testing will be done in accordance with procedures which have been approved by the commission)) department of social and health services. A qualified member of the drug testing facility will supervise the sample being given.

     (2) When on-site urinalysis is available, the licensee or applicant may be directed to submit to drug testing conducted by a commission security investigator. The commission security inspector or their designee will supervise the sample being given. The supervision need not include actual observance of the delivery of the sample but the sample shall be taken under such circumstances that the integrity of the sample is maintained ((without unnecessarily interfering with the individual rights of the person tested, including the right to be free from unnecessary embarrassment)).

     (3) Intentional contamination of the sample by any person tested ((which is likely to prevent appropriate)) for the purpose of preventing accurate analysis of the sample, or other actions with intent to subvert the test, shall be grounds for the suspension or revocation of the person tested.

     (((b) The urine sample will be at least 75 ml in volume. The urine sample will be divided into two parts of at least 25 ml and 50 ml in the presence of the person tested. If the licensee, employee, or applicant is unable to provide 75 ml of urine, the licensee, employee, or applicant may waive in writing the division of the sample and preservation of an untested portion of the sample as provided in (c) of this subsection and subsection (4) of this section. If the person tested is unable to provide a sufficiently large sample, either 75 ml or 50 ml with a waiver, the person shall not be suspended, but shall not participate in racing until such time as he or she is able to provide sufficient urine and completes the test. All portions of the sample shall be placed in containers and sealed with double identification tags in the presence of the person being tested.

     (c) The 25 ml (or more) container will be preserved pursuant to subsection (3) of this section by the medical facility obtaining the sample. Both licensee, employee, or applicant and member of the medical staff, chief of security, or designated representative of the horse racing commission will sign the tag to attest to the sealing and labeling of the sample.

     (d) The 50 ml (or more) container will be prepared for transportation as follows: One portion of the container's tag bearing a printed identification number shall remain with the sealed container. The other portion of such tag bearing the same printed identification number, shall be detached in the presence of the person tested and a member of the medical staff, the chief of security or designated representative of the horse racing commission. The licensee, employee, or applicant will initial or sign the designated portion of the tag to attest witnessing such action. The member of the medical staff, the chief of security or designated representative of the horse racing commission will also sign the detached portion of the tag to attest witnessing such action. The sample will then be handled in a manner consistent with an evidentiary chain of custody throughout the transportation and laboratory testing process. The sample and the tag identifying the sample which is to be provided to the laboratory for analysis shall not identify the person by name, but only by number assigned and recorded by the members of the medical staff, chief of security, or designated representative of the horse racing commission.

     (2) When the testing is to be done as a result of reasonable suspicion or the result of mandatory testing being conducted after a positive test, the same procedure for handling the specimens shall be utilized as in subsection (1) of this section, but the sample may be taken at the track and witnessed by the chief of security or designated representative of the horse racing commission. The witness must be of the same sex as the person being tested. After the sample is taken, divided and sealed, the chief of security or designated representative of the horse racing commission will be responsible for the evidentiary chain of custody and transportation of one portion of the sample to the laboratory and storage of the other portion pursuant to subsection (3) of this section. The chief of security of the horse racing commission will maintain a checklist of procedures to implement these steps; the checklist will be marked as the steps are carried out and it will be maintained as part of security records.

     (3) Each portion of the sample supplied by the person tested will be preserved by the approved laboratory, chief of security, representative of the horse racing commission, or laboratory for three days unless there is a positive test result. If there is a positive test result, the samples will be preserved for a period of one year or until released by the executive secretary of the horse racing commission after all hearings and appeals have been terminated. The samples will be preserved in a secured location by refrigeration or freezing for the first three days and thereafter by freezing.

     (4) Either or both portions of the sample may be retested at the request of the licensee, employee, or applicant at either the laboratory used by the horse racing commission or a qualified laboratory designated by the licensee, employee, or applicant and approved by the horse racing commission. If the untested sample is transported for testing, transportation will be performed, at the direction of the board of stewards, by the chief of security or designated representative of the horse racing commission using an evidentiary chain of custody. None of the originally untested 25 ml portion is required to be saved after testing for retesting. The licensee, employee, or applicant is responsible for all costs of transporting and testing or retesting a sample at his or her request.))

[Statutory Authority: RCW 67.16.040. 00-07-038, § 260-34-080, filed 3/6/00, effective 4/6/00. Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-006 (Order 89-02), § 260-34-080, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-080, filed 4/15/88.]


AMENDATORY SECTION(Amending WSR 03-05-071, filed 2/18/03, effective 3/21/03)

WAC 260-34-090   A positive test.   ((A drug test shall be positive when the presence of a controlled substance is confirmed by two independent tests performed on the same sample supplied by a licensee, employee, or applicant. The tests used will be the E.M.I.T. screen test, followed by a gas chromatography/mass spectrometry confirmatory test, or other tests which the scientific community recognizes are equally or more accurate and reliable. If marijuana or its derivatives, salts, isomers, or salts of isomers are detected in a drug test, such a result will not be reported positive unless found at levels of at least fifty nanograms per milliliter.

     A positive drug test shall be reported by the laboratory to the presiding steward at the track.)) On receiving written notice ((from the laboratory that a specimen has been found positive for a controlled substance)) of a violation of WAC 260-34-045, the presiding steward shall initiate the following procedure:

     (1) Written notice shall be given to the licensee((, employee)) or applicant, setting a ((hearing by)) conference before the board of stewards in accordance with WAC ((260-24-440 within the next two racing days or seven calendar days, whichever is less, after service of the notice. The hearing may be held within a shorter or longer period of time if the licensee, employee, or applicant named and the board of stewards agree. Service shall be to the licensee, employee, or applicant personally, by leaving the notice at the person's residence with someone of reasonable age and discretion residing therein, or by mail to the person's last known address. If by mail, service shall be deemed completed on the third day after mailing)) 260-24-510.

     (2) ((The hearing shall be conducted before the board of stewards pursuant to WAC 260-24-440.)) At the ((hearing)) conference, the licensee((, employee,)) or applicant shall be provided an opportunity to ((explain the positive test)) respond to the evidence of the violation.

     (3) ((The board of stewards' hearing shall be closed and the facts therein will be kept confidential unless for use with respect to any stewards ruling, order by the horse racing commission or judicial hearing with regard to such facts. Closure of the hearing and confidentiality of the proceedings may be waived by the licensee, employee, or applicant. The board may issue a public ruling which complies with the confidentiality requirements of this section and WAC 260-34-100.

     (4) Lacking a satisfactory explanation and documentation or upon the licensee, employee, or applicant agreeing with the test results)) If the licensee or applicant is found to be in violation of WAC 260-34-045, the board of stewards shall suspend the licensee((, employee,)) or applicant ((until)) as follows:

     (a) ((A negative test can be submitted by that licensee, employee, or applicant and the results reviewed by the board of stewards; and

     (b) The licensee, employee, or applicant is referred to an approved agency for a drug evaluation interview and completes the evaluation.

     (i) If the evaluation concludes that the licensee, employee, or applicant is not addicted or habituated, and if the board of stewards determines that the licensee's, employee's, or applicant's condition is not detrimental to the best interests of racing, the licensee, employee, or applicant shall be allowed to participate in racing provided he or she agrees that further testing may be done as described in WAC 260-34-030.

     (ii) If such drug evaluation concludes that the licensee, employee, or applicant is addicted or habituated, or the board of stewards determines that the licensee's, employee's, or applicant's condition is detrimental to the best interests of racing, the licensee, employee, or applicant shall not be allowed to participate in racing until such time as he or she can produce a negative test result and show official documentation that he or she has successfully completed a certified drug rehabilitation program approved by the board of stewards, in consultation with the executive secretary of the horse racing commission. The licensee, employee, or applicant must agree to further testing as described in WAC 260-34-030.

     (5) For a second positive drug test in the calendar year, the licensee, employee, or applicant shall be suspended for the balance of the calendar year or one hundred twenty days, whichever is greater, and the person is required to complete a certified drug rehabilitation program approved by the board of stewards in consultation with the executive secretary of the horse racing commission before applying for a reinstatement of license. The licensee, employee, or applicant must agree to further testing as described in WAC 260-34-030.

     (6) When any licensee, employee, or applicant has a history of more than two violations of WAC 260-34-020 or positive drug tests, the horse racing commission may, pursuant to a hearing conducted under chapter 260-08 WAC, declare such person detrimental to the best interests of racing and revoke that person's license or application. Reapplication shall not be permitted for such period of months or years as the commission determines is necessary to ensure the person's freedom from use of controlled substances and not until meeting the requirements of subsection (5) of this section.)) For testing positive for the illegal use of alcohol, for being under the influence of alcohol and/or drugs, or for the possession of marijuana (nonfelony):

     (i) Three days for the first violation within five years;

     (ii) Thirty days for the second violation within five years;

     (iii) One year for the third violation within five years; and

     (iv) Revocation and referral to the commission for the fourth violation within five years.

     (b) For the possession or use of any illegal drug or controlled substance, other than marijuana:

     (i) One year suspension for the first violation within five years;

     (ii) Revocation and referral to the commission.

     (4) The board of stewards may stay one of the suspensions in subsection (3)(a) of this section if the licensee or applicant shows proof of participation in a drug rehabilitation or alcohol treatment program approved or certified by the department of social and health services. Individuals will only be allowed to participate in this program once in a five-year period. If during this time a licensee or applicant violates the provisions of this chapter, the violation for which the stay of suspension was entered will be considered as a prior violation for penalty purposes. The licensee or applicant must also agree to the following conditions:

     (a) Random drug or alcohol testing at the discretion of the board of stewards or commission security investigators for a period of twelve calendar months.

     (b) Have no further incidents of violating this chapter within the next twelve calendar months.

     (5) Upon successful completion of a drug or alcohol rehabilitation or treatment program, a licensee or applicant can request the board of stewards lift the suspension.

[Statutory Authority: RCW 67.16.020. 03-05-071, § 260-34-090, filed 2/18/03, effective 3/21/03. Statutory Authority: RCW 67.16.040. 00-07-038, § 260-34-090, filed 3/6/00, effective 4/6/00. Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-006 (Order 89-02), § 260-34-090, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-090, filed 4/15/88.]


AMENDATORY SECTION(Amending WSR 00-07-038, filed 3/6/00, effective 4/6/00)

WAC 260-34-100   Confidentiality of test results.   The ((executive secretary of the horse racing)) commission shall maintain all test results and records, both negative and positive, confidential((. He or she shall document the process which will ensure the confidentiality of the handling of such results. Information contained in the test results shall remain confidential at all times)) except for use with respect to ((any)) a stewards' ((ruling, order by the horse racing)) conference, a hearing before the commission, or judicial ((hearing with regard to such an)) review of a commission order. ((Access to the reports of any test results shall be limited to the executive secretary, the board of stewards, the chief of security of the commission at the track, the physician or member of the medical staff obtaining and preserving samples, the laboratory and the person being tested, except in the instance of a contested commission hearing. The information obtained as a result of a test being required under the rules of the horse racing commission shall be considered privileged and shall be used for administrative purposes only and, further, shall be exempt from use as evidence in any criminal prosecution involving the violation of offenses listed in chapter 69.50 RCW.)) Test results will only be disclosed pursuant to chapter 42.17 RCW, however, test results may be released to the person tested or their attorney, after receiving a signed written request.

[Statutory Authority: RCW 67.16.040. 00-07-038, § 260-34-100, filed 3/6/00, effective 4/6/00. Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-006 (Order 89-02), § 260-34-100, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-100, filed 4/15/88.]


AMENDATORY SECTION(Amending Order 89-02, filed 6/9/89)

WAC 260-34-180   Testing expense.   Except for ((retesting)) a blood test requested by a licensee((, employee, or applicant)) pursuant to WAC ((260-34-080(4))) 260-34-150, all testing, whether blood, urine, or breath, ordered pursuant to this chapter shall be at the expense of the horse racing commission. All ((expense)) costs of drug and/or alcohol evaluation, treatment, reports, and fees shall be at the expense of the licensee((, employee, or applicant)) undergoing such evaluation or treatment.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-006 (Order 89-02), § 260-34-180, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-180, filed 4/15/88.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 260-34-040 Definitions.
WAC 260-34-050 Reasonable suspicion.
WAC 260-34-110 Consumption of alcohol.
WAC 260-34-120 Alcohol violations defined.
WAC 260-34-130 Consumption reasonable suspicion for testing.
WAC 260-34-140 Alcohol levels determined.
WAC 260-34-150 Alcohol testing.
WAC 260-34-160 Refusal to be tested.
WAC 260-34-170 Alcohol violation sanctions.
WAC 260-34-190 Severability.

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