Section 1859.25 - Split Sample Testing(a) In addition to the blood, urine, and other biological official test samples transmitted to the official laboratory for testing as provided in Rules 1859 and 1859.1 of this Article, the Board shall maintain a portion of the official test sample for each horse tested if sufficient sample is available after the official test samples are taken. That portion shall be designated the split sample. The Board makes no guarantee as to the amount of sample which will be available for the split sample. All samples taken by representatives of the Board are under the jurisdiction of and shall remain the property of the Board at all times. The Board shall ensure the security and storage of the split sample.(b) When the Executive Director or the Executive Director's designee is notified of a finding by the official laboratory that a test sample from a horse contained a prohibited drug substance as defined in this Article, the Executive Director, after consulting with the Equine Medical Director or the Equine Medical Director's designee as to the presence of the prohibited drug substance shall notify a Supervising Investigator. The owner and the trainer shall be confidentially notified of the finding by a Supervising Investigator or his/her designee and the owner and trainer shall each have 72 hours from the date he or she is notified to request that the split sample of the official test sample that was found to contain the prohibited drug substance(s) be tested by an independent Board-approved laboratory.(c) If the owner or trainer wishes to have the split sample tested, he or she shall comply with the following procedures: (1) The request shall be made on CHRB-56, (Rev. 5/97), Request to Release Evidence, which is hereby incorporated by reference. CHRB-56 shall be made available at all CHRB offices.(2) The owner or trainer requesting to have the split sample tested shall be responsible for all charges and costs incurred in transporting and testing the split sample. By signing CHRB-56, the owner or trainer certifies he or she has made arrangements for payment to the designated Board-approved laboratory for laboratory testing services.(3) Verification of payment for costs incurred in transporting and testing the split sample must be received by the CHRB within five (5) working days from the CHRB receipt of CHRB-56. If such verification of payment is not received, the split sample will not be released or shipped to the Board-approved laboratory designated by the owner or trainer to test the split sample and the owner and trainer will have relinquished his/her right to have the split sample tested. If a complaint issues, the only test results that will be considered will be the results from the Board's official laboratory.(d) Upon approval by the Executive Director or the Executive Director's designated representative of a valid request on CHRB-56, CHRB-29 (Rev. 5/97), Authorization to Release Split Sample Urine Evidence, or CHRB-29A (Rev. 5/97), Authorization to Release Split Sample Blood Evidence, which are hereby incorporated by reference, shall be completed and the Board shall ensure that the split sample is sent to the designated laboratory for testing.(1) If the findings by the independent Board-approved laboratory fail to confirm the findings of the prohibited drug substance as reported by the official laboratory, it shall be presumed that the prohibited drug substance was not present in the official sample.(2) If the findings by the independent Board-approved laboratory confirm the findings of the prohibited drug substance as reported by the official laboratory, the Executive Director shall report these findings to the Board within 24 hours after receiving confirmation of the prohibited drug substance in the split sample.(e) If the owner or trainer fails to request the testing of the split sample in accordance with the procedures specified in this rule, they shall be deemed to have waived their rights to have the split sample tested.(f) Results of the official test sample and the split sample shall be, and shall remain, confidential and shall be provided only to the Executive Director or the Executive Director's designee, the Board, the Equine Medical Director or the Equine Medical Director's designee, and to the owner and trainer, unless or until the Board files an official complaint or accusation.Cal. Code Regs. Tit. 4, § 1859.25
1. New section filed 4-15-91; operative 5-15-91 (Register 91, No. 19).
2. Change without regulatory effect amending subsections (c)(1) and (d) filed 5-1-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
3. Change without regulatory effect amending subsections (b), (d) and (e) filed 6-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 23).
4. Amendment filed 10-11-94; operative 11-10-94 (Register 94, No. 41).
5. Change without regulatory effect amending subsection (d) filed 10-22-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 43).
6. Change without regulatory effect amending section filed 6-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 25).
7. Change without regulatory effect amending section filed 11-17-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 47).
8. Amendment of subsections (a) and (b) 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 and 19577, Business and Professions Code. Reference: Sections 19420, 19440 and 19577, Business and Professions Code; Section 603, Evidence Code.
1. New section filed 4-15-91; operative 5-15-91 (Register 91, No. 19).
2. Change without regulatory effect amending subsections (c)(1) and (d) filed 5-1-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
3. Change without regulatory effect amending subsections (b), (d) and (e) filed 6-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 23).
4. Amendment filed 10-11-94; operative 11-10-94 (Register 94, No. 41).
5. Change without regulatory effect amending subsection (d) filed 10-22-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 43).
6. Change without regulatory effect amending section filed 6-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 25).
7. Change without regulatory effect amending section filed 11-17-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 47).
8. Amendment of subsections (a) and (b) filed 6-24-2019; operative 6/24/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 26).