Section 1859 - Taking, Testing and Reporting of Samples(a) Urine, blood or other biological official test samples shall be taken under the direction of the official veterinarian, the Equine Medical Director or a person designated by the official veterinarian. All samples shall be taken in a detention area approved by the Board, unless it is an official out-of-competition test sample taken in accordance with Rule 1859.1, or the official veterinarian or the Equine Medical Director approves otherwise. The taking of any test sample shall be witnessed, confirmed or acknowledged by the owner or trainer of the horse being tested or his or her agent or employee, and may be witnessed by the owner, trainer or other person designated by them. All official test samples shall be sent to the official laboratory approved and designated by the Board, in such manner as the Board may direct. All required samples shall be in the custody of the official veterinarian, his or her assistants or other persons approved by the official veterinarian, from the time they are taken until they are delivered to the custody of the official laboratory.(b) The Executive Director and the Equine Medical Director shall immediately be notified by the official laboratory of each finding that an official test sample contains a prohibited drug substance, as defined in this article. The official laboratory shall further provide all information and data on which the finding is based to the Equine Medical Director, and shall transmit its official report of the finding to the Executive Director within five working days after the initial notification is made.(c) The Board has the authority to direct the official laboratory to retain and preserve by freezing samples for future analysis.(d) The fact that purse money has been distributed prior to the issuance of a laboratory report shall not be deemed a finding that no drug substance prohibited by this article has been administered, in violation of these rules, to the horse earning such purse money.Cal. Code Regs. Tit. 4, § 1859
1. Amendment filed 12-15-80; effective thirtieth day thereafter (Register 80, No. 51).
2. Amendment adding subsection designations and new subsections (b) and (c) filed 8-23-90; operative 9-22-90 (Register 90, No. 41).
3. Change without regulatory effect amending subsection (c) filed 6-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 23).
4. Amendment of section heading and subsections (a)-(c) and (e) filed 10-25-94; operative 11-6-94 pursuant to Government Code Section 11346.2(d) (Register 94, No. 43).
5. Amendment of subsection (a), repealer of subsection (b), subsection relettering and amendment of newly designated subsection (b) filed 1-27-2010; operative 2-26-2010 (Register 2010, No. 5).
6. Amendment of subsection (a) filed 6-24-2019; operative 6-24-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 26). Note: Authority cited: Sections 19420, 19440, 19562 and 19577, Business and Professions Code. Reference: Sections 19401, 19440 and 19577, Business and Professions Code.
1. Amendment filed 12-15-80; effective thirtieth day thereafter (Register 80, No. 51).
2. Amendment adding subsection designations and new subsections (b) and (c) filed 8-23-90; operative 9-22-90 (Register 90, No. 41).
3. Change without regulatory effect amending subsection (c) filed 6-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 23).
4. Amendment of section heading and subsections (a)-(c) and (e) filed 10-25-94; operative 11-6-94 pursuant to Government Code Section 11346.2(d) (Register 94, No. 43).
5. Amendment of subsection (a), repealer of subsection (b), subsection relettering and amendment of newly designated subsection (b) filed 1-27-2010; operative 2-26-2010 (Register 2010, No. 5).
6. Amendment of subsection (a) filed 6-24-2019; operative 6/24/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 26).