5-105

5-105. Appointment of personnel; tests; reports;
detention of animals; testing facilities

A. For purposes of detecting violations of this article, the department shall
appoint qualified veterinarians, biochemists and such other personnel as the department
considers necessary or may contract with a duly qualified chemical laboratory located
either within or outside this state. The testing personnel may, in accordance with such
procedures as the commission by regulation prescribes:

1. Examine horses entered in a race within six hours before the start of the race
to determine if the horse has been desensitized or drugged. For the purposes of the
examination a horse does not have to be held in a retaining barn.

2. Examine dogs at weigh-in or weigh-out time to determine if the dog has been
desensitized or drugged.

3. Perform such other tests and inspections as the department considers necessary
to carry out this article including the random splitting of samples.

4. Store blood, urine and saliva samples in a frozen state or in any other
appropriate manner by which they may be preserved for future analysis.

5. Perform tests on horses or dogs that die while on property under the
jurisdiction of the department.

6. Analyze samples of urine, blood or saliva taken immediately after a race from
the horse that won the race to determine if the horse has been drugged. The department
may additionally analyze samples of any other animal entered in a race.

7. Analyze samples of urine or saliva taken either immediately prior to or after a
race from the dog that won the race to determine if the dog has been drugged. The
department may additionally analyze samples of any other animal entered in a race.

B. The veterinarian authorized by the department may order the taking and analysis
of samples from a losing favorite or from any other horse or dog when the veterinarian,
based upon the performance of the horse or dog in the race, has probable cause to believe
that the horse or dog has been drugged or desensitized. If a blood sample is required,
the veterinarian shall take the sample.

C. The identity of any horse or dog determined under this section to be drugged or
desensitized shall, in accordance with such procedures as the commission prescribes by
regulation, be reported to a steward and the appropriate county attorney. If any horse
or dog is not made available in accordance with such regulations as the commission
prescribes for any test or inspection required under this section the identity of such
horse or dog shall be reported to a steward.

D. A permittee shall, in accordance with regulations prescribed by the commission,
provide the testing personnel with adequate space and facilities so that the inspections,
tests and other procedures described in subsection A may be performed. Access to such
space and facilities shall be restricted in accordance with regulations prescribed by the
commission.

E. Testing personnel may detain for a period of not to exceed twenty-four hours for
examination, testing or the taking of evidence any horse or dog at a race which is
drugged or desensitized or which such person, based upon the results of an inspection,
test or other procedure conducted under this section, has probable cause to believe is
drugged or desensitized. Any horse or dog which is detained may not be moved during such
detention from the place where the horse or dog is detained except as authorized by
testing personnel pursuant to rule and regulation of the commission.

F. The department shall retain for three years copies of all post-mortem reports on
animals. The department shall retain all such reports which are used as evidence in a
judicial proceeding at least until the conclusion of the proceeding.