Section 1843.4 - Multiple Medication Violations (MMV)(a) A trainer who receives a penalty for a medication violation based upon a horse testing positive for a Class 1-5 medication with Penalty Class A-D, pursuant to Business and Professions Code section 19581 and Rule 1843.3, shall be assigned points as follows: | Penalty Class | Points If Controlled Therapeutic Substance | Points If Non-Controlled Substance |
| Class A | N/A | 6 |
| Class B | 2 | 4 |
| Class C | 1/2 for first violation with an additional 1/2 point for each additional violation within 365 days | 1 for first violation with an additional 1/2 point for each additional violation within 365 days |
| Class D | 0 | 0 |
If the Board determines that the violation is due to environmental contamination, they may assign lesser or no points against the trainer based upon the specific facts of the case.
(1) Points for phenylbutazone violations with a concurrent flunixin violation apply only when the primary threshold is exceeded. Points are not to be separately assigned for a stacking violation.(b) The points assigned to a medication violation by the Board shall be included in the Association of Racing Commissioners International (ARCI) official database and the Board shall assign points consistent with this section for advisory purposes for medication violations where points have not been assigned by regulatory action. Points assigned by such regulatory action shall reflect, in the case of multiple positive tests as described in subsection (d), whether they shall thereafter constitute a single violation. The Board's ruling shall be posted on the official website and within the official database of the ARCI. If an appeal is pending, that fact shall be noted in such Ruling. No points shall be applied until a final adjudication of the enforcement of any such violation.(c) A trainer's cumulative points for violations in all racing jurisdictions shall be maintained by the Board and ARCI. Once all appeals are waived or exhausted, the points shall immediately become part of the trainer's official Board and ARCI record and shall be considered by the Board in its determination to subject the trainer to the mandatory enhanced penalties by the Board as provided in this regulation.(d) Multiple positive tests for the same medication incurred by a trainer prior to delivery of official notice by the Board may be treated as a single violation. In the case of a positive test indicating multiple substances found in a single post-race sample, the Board may treat each substance found as an individual violation for which points will be assigned.(e) The official Board and ARCI record shall be used to advise the Board of a trainer's past record of violations and cumulative points. Nothing in this administrative regulation shall be construed to confer upon a licensed trainer the right to appeal a violation for which all remedies have been exhausted or for which the appeal time has expired as provided by applicable law.(f) The Board shall consider all points for violations in all racing jurisdictions as contained in the trainer's official Board and ARCI record when determining whether the mandatory enhancements provided in this regulation shall be imposed.(g) In addition to the penalty for the underlying offense, the following enhancements shall be imposed upon a licensed trainer based upon the cumulative points contained in their official Board and ARCI record: | Points | Suspension in days |
| 5-5.5 | 15 to 30 |
| 6-8.5 | 30 to 60 |
| 9-10.5 | 90 to 180 |
| 11 or more | 360 |
MMV penalties are not a substitute for the current penalty system and are intended to be an additional uniform penalty when the licensee:
(1) Has more than one violation for the relevant time period, and(2) Exceeds the permissible number of points. The Board shall consider aggravating and mitigating circumstances, including the trainer's prior record for medication violations, when determining the appropriate penalty for the underlying offense within the applicable suspension day range. The MMV is intended to be a separate and additional penalty for a pattern of violations.
(h) The suspension periods as provided in subsection (g), shall run consecutive to any suspension imposed for the underlying offense.(i) The Board shall distinguish between the penalty for the underlying offense and any enhancement based upon a Board review of a trainer's cumulative points and regulatory record, which may be considered an aggravating factor in a case.(j) Points shall expire as follows: | Penalty Classification | Time to Expire |
| A | 3 years |
| B | 2 years |
| C | 1 year |
In the case of a medication violation that results in a suspension, any points assessed expire on the anniversary date of the date the suspension is completed.
Cal. Code Regs. Tit. 4, § 1843.4
1. New section filed 1-14-2021; operative 4-1-2021 (Register 2021, No. 3). Note: Authority cited: Sections 19440, 19461 and 19580, Business and Professions Code. Reference: Sections 19461, 19580, 19581 and 19582, Business and Professions Code; and Section 11425.50, Government Code.
1. New section filed 1-14-2021; operative 4/1/2021 (Register 2021, No. 3).