WSR 18-24-042
[Filed November 28, 2018, 11:14 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-11-081.
Title of Rule and Other Identifying Information: WAC 260-70-610 Storage and shipment of split samples.
Hearing Location(s): On January 11, 2019, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: January 11, 2019.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email, fax 360-549-6461, by January 3, 2019.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, email, by January 3, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To add language to alllw [allow] a separate set of procedures for the shipment of bicarbonate test samples.
Reasons Supporting Proposal: Bicarbonate samples are drawn pre-race and split samples must be shipped and screened in a time frame that does not support the standard practice of other split samples.
Statutory Authority for Adoption: RCW 67.16.020.
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, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.
November 28, 2018
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION(Amending WSR 17-05-057, filed 2/10/17, effective 3/13/17)
WAC 260-70-610Storage and shipment of split samples.
(1) Split samples obtained in accordance with WAC 260-70-600 (2)(b) and (c), with the exception of those collected for screening as provided in WAC 260-70-675, will be secured and made available for further testing in accordance with the following procedures:
(a) A split sample must be secured in the test barn in the same manner as the primary sample acquired for shipment to a primary laboratory. The split samples will be stored until the primary samples are packed and secured for shipment to the primary laboratory. Split samples will then be transferred to a freezer at a secure location approved by the executive secretary.
(b) A freezer used to store split samples will be closed and locked at all times except as specifically provided by these rules.
(c) A freezer for storage of split samples may only be opened to deposit or remove split samples, for inventory, or for checking the condition of samples.
(d) An official veterinarian will maintain a split sample log that must be used each time a split sample freezer is opened. The log will record the following:
(i) The name of the person opening the split sample freezer;
(ii) The purpose for opening the freezer;
(iii) The split samples deposited or removed from the freezer;
(iv) The date and time the freezer was opened;
(v) The time the freezer was closed; and
(vi) A notation verifying that the lock was secured after the freezer was closed.
(e) If at any time it is discovered that the split sample freezer failed or samples were discovered not in a frozen condition, an official veterinarian must document this discovery on the split sample freezer log and immediately report this to the executive secretary.
(2)(a) A trainer or owner of a horse having been notified that a written report from a primary laboratory states that a substance has been found in a specimen obtained pursuant to these rules may request that a split sample corresponding to the portion of the specimen tested by the primary laboratory be sent to another laboratory approved by the commission. The request must be made in writing and delivered to the stewards not later than forty-eight hours after the trainer of the horse receives written notice of the findings of the primary laboratory. The split sample must be shipped within seventy-two hours of the delivery of the request for testing to the stewards.
(b) Approved split sample labs must be accredited by the racing medication and testing consortium.
(3) The owner or trainer requesting testing of a split sample is responsible for the cost of shipping and testing. A split sample must be removed from the split sample freezer, and packaged for shipment by an official veterinarian or designee in the presence of the owner, trainer, or designee. Failure of the owner, trainer or designee to appear at the time and place designated by an official veterinarian to package the split sample for shipping will constitute a waiver of all rights to split sample testing. Prior to shipment, the split sample laboratory's willingness to provide the testing requested and to send results to both the person requesting the testing and the commission, must be confirmed by an official veterinarian. Arrangements for payment satisfactory to the split sample laboratory must also be confirmed by the owner or trainer. A laboratory for the testing of a split sample must be approved by the commission. The commission will maintain a list of laboratories approved for testing of split samples.
(4) Prior to opening the split sample freezer, the commission must provide a split sample chain of custody verification form. The split sample chain of custody verification form must be completed and signed by the representatives of the commission and the owner, trainer or designee. A commission representative will keep the original and provide a copy to the owner, trainer or designee.
The split sample chain of custody verification form must include the following:
(a) The date and time the sample is removed from the split sample freezer;
(b) The sample number;
(c) The address where the split sample is to be sent;
(d) The name of the carrier and the address where the sample is to be taken for shipment;
(e) Verification of retrieval of the split sample from the freezer;
(f) Verification of each specific step of the split sample packaging in accordance with the recommended procedure;
(g) Verification of the address of the split sample laboratory on the split sample package;
(h) Verification of the condition of the split sample package immediately prior to transfer of custody to the carrier;
(i) The date and time custody of the sample is transferred to the carrier; and
(j) The split sample chain of custody verification form must be signed by both the owner's representative and an official veterinarian or designee to confirm the packaging of the split sample.
(5) The exterior of the package must be secured and identified with initialed tape, evidence tape or other means to prevent tampering with the package. The owner, trainer or designee may inspect the package containing the split sample immediately prior to transfer to the delivery carrier to verify that the package is intact and has not been tampered with.
(6) The package containing the split sample will be transported to the location where custody is transferred to the delivery carrier charged with delivery of the package to the commission approved laboratory selected by the owner or trainer.