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 subject to title 41, chapter 4, article 4 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. Perform such other tests and inspections as the department considers necessary to carry out this article including the random splitting of samples.

3. 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.

4. Perform tests on horses that die while on property under the jurisdiction of the department.

5. 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.

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

C. The identity of any horse 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 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 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 of this section 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 at a race that is drugged or desensitized or that such person, based on the results of an inspection, test or other procedure conducted under this section, has probable cause to believe is drugged or desensitized. Any horse that is detained may not be moved during such detention from the place where the horse 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 that are used as evidence in a judicial proceeding at least until the conclusion of the proceeding.