§ 401.43. Positive test penalty categories.
(a) To maintain consistency of drug medication penalties with surrounding racing jurisdictions, in accordance with section 9312(6) of the act (relating to additional powers of commission), the Commission shall adopt and publish in the Pennsylvania Bulletin the most recent version of the ‘‘Penalty Categories’’ set forth in the Uniform Classification Guidelines of Foreign Substances as established by ARCI. The penalty categories ‘‘A’’, ‘‘B’’, ‘‘C’’ and ‘‘D’’ and their related schedules for trainers and owners shall also contain provisions for the number of offenses committed which shall determine the level of penalty assessed.
(b) The Commission, Bureau Directors, Judges or the Stewards may use the penalty ‘‘categories’’ and medication guidelines schedule as a starting place in the penalty stage of the deliberations for a violation of the Commission’s medication and foreign substance rules.
(c) In issuing penalties against individuals found guilty of medication and drug violations, a regulatory distinction may be made between the detection of therapeutic medications used routinely to treat racehorses and those drugs that have no reason to be found at any concentration in the test sample on race day.
(d) If a licensed veterinarian is administering or prescribing a drug not listed in the ARCI Uniform Classification Guidelines for Foreign Substances, the identity of the drug shall be forwarded to the Commission Testing Laboratory for classification.
(e) A drug or metabolite thereof found to be present in a pre-race or post-race sample which is not classified in the most current ARCI Uniform Classification Guidelines for Foreign Substances shall be deemed Class 1 drug and the trainer and/or owner shall be subject to those penalties as set forth in schedule ‘‘A.’’
(f) The recommended penalty for a violation involving a drug that carries a Category ‘‘D’’ penalty is a written warning to the trainer and owner. Multiple violations may result in fines or suspensions, or both.
(g) A licensee of the Commission, including practicing veterinarians, found to be responsible for the improper or intentional administration of any drug resulting in a positive test may, after proper notice and hearing, be subject to the same penalties set forth for the licensed trainer.
Cross References This section cited in 7 Pa. Code § 401.41 (relating to determination of positive test results).
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