Arkansas Administrative Code
Agency 006 - Department of Finance and Administration
Division 06 - Racing Commission
Rule 006.06.21-009 - Thoroughbred Rule 1217 Medication and Prohibited Foreign Substances
Universal Citation: AR Admin Rules 006.06.21-009
Current through Register Vol. 49, No. 2, February 2024
1217. Medication and Prohibited Foreign Substances.
A. Medication
(a) No horse participating in a race or
entered in a race shall carry in its body any foreign substance except as
provided for in this rule.
(b) No
substance, foreign or otherwise, shall be administered to a horse entered to
race by:
(1) injection;
(2) jugging;
(3) oral administration;
(4) tube;
(5) rectal infusion or suppository;
(6) inhalation; or
(7) any other means;
within twenty-four (24) hours prior to the scheduled post time of the race the horse is running except furosemide as provided for in this rule. The prohibitions in this section include, but are not limited to, injection or jugging of vitamins, electrolyte solutions, and amino acid solutions. The prohibition also includes, but is not limited to, the topical, oral, or nasal administration of compounds, such as Traileze, Vapol, Vicks vapor-rub, wind-aid, exhale ease, or containing methylsalicylate, camphor, potassium iodide, or products containing "caine" derivatives or dimethylsulfoxide (DMSO).
(c)
Substances or metabolites thereof which are contained in equine feed or feed
supplements that do not contain pharmacodynamic or chemotherapeutic agents are
not considered foreign substances if consumed in the course of normal dietary
intake (eating and drinking).
(d)
The prohibition in subsection (b) notwithstanding, the use of nebulizers are
permitted on an entered horse within twenty- four (24) hours of the scheduled
post time for the horse's race until the horse's arrival in the paddock
provided their use is restricted to water and saline solutions only.
(e) Topical dressings such as leg paints,
hoof dressings, and antiseptics, which do not contain anesthetics or a
pharmacodynamic or a chemotherapeutic agent, may be administered at any time
prior to a horse's arrival in the paddock.
B.
Foreign substances
prohibited
(a) No horse participating
in a race shall carry in its body any foreign substance except as provided by
these rules. A finding by the chemist or commission designee that a foreign
substance is present in the test sample shall be prima facie evidence that such
foreign substance was administered and carried in the body of the horse while
participating in a race. Such a finding shall also be taken as prima facie
evidence that the trainer and his or her agents responsible for the care or
custody of the horse have been negligent in the handling or care of the
horse.
(b) Upon a finding of a
violation of this section, the owners or lessees of the horse from which the
specimen was obtained shall forfeit any purse money and any trophy or award.
However, forfeiture of any purse, trophy, or award for an overage of
phenylbutazone, flunixin, ketoprofen, or furosemide in violation of these rules
shall be consistent with Recommended Penalties of the Association of Racing
Commissioners, International.
C. Nonsteroidal anti-inflammatory drugs
(NSAIDs)
(a) The use of NSAIDs shall be
governed by the following conditions:
(1)
NSAIDs included in the ARCI Controlled Therapeutic Medication Schedule, Version
4.2.1 are not to be used in a manner inconsistent with the restrictions
contained therein. NSAIDs not included on the ARCI Controlled Therapeutic
Medication Schedule, Version 4.2.1, are not to be present in a racing horse
biological sample at the laboratory concentration of detection.
(2) The presence of more than one (1) NS AID
will constitute a NS AID stacking violation in addition to the violation
associated with the detection of each additional NS AID.
(A) Flunixin - at a concentration less than
5.0 nanograms per milliliter of plasma or serum.
(B) Ketoprofen - at a concentration less than
2.0 nanograms per milliliter of plasma or serum;.
(C) Phenylbutazone - at a concentration of
less than 0.3 micrograms per milliliter of plasma or serum;-or-.
(D) The detection of two or more NSAIDs in
blood and/or urine constitutes a NSAID Stacking Violation (Penalty Class B).
D. Corticosteroids
(A) The detection of two or more
corticosteroids in a racehorse's post-race serum/plasma and/or urine sample
constitutes a stacking violation (Penalty Class B)
(B) There are no thresholds and withdrawal
guidance for corticosteroids. The presence of any in the post-race blood or
urine sample constitutes a violation (Penalty Class C)
E. Threshold levels
The official blood (serum or plasma), hair, and urine samples may contain only the following therapeutic medications, their metabolites or analogues, and shall not exceed the threshold concentrations specified in this rule:
(1) The use of acepromazine
shall be permitted under the following conditions: Not to exceed ten (10)
nanograms per milliliter of the metabolite, 2-(l-hydroxyethyl) promazine
sulfoxide (HEPS), in urine.
(2) The
use of butorphanol shall be permitted under the following conditions: Not to
exceed 300 nanograms per milliliter of total (free and conjugated) butorphanol
in urine or two (2) nanograms per milliliter of free butorphanol in serum or
plasma.
(3) The administration of
clenbuterol or any other B2 agonist to a horse within the one hundred twenty
(120) day period immediately preceding a race in which the horse participates
at Oaklawn is prohibited. The presence of clenbuterol or any other B2 agonist
in a horse's urine, serum, plasma, or hair at a level of detection indicating
use within said one hundred twenty (120) day period shall be a violation of
this rule.
(4) The use of
cetirizine shall be permitted under the following conditions: Not to exceed six
(6) nanograms per milliliter of serum or plasma.
(5) The use of cimetidine shall be permitted
under the following conditions: Not to exceed four hundred (400) nanograms per
milliliter of serum or plasma.
(6)
The use of dantrolene shall be permitted under the following conditions: Not to
exceed one hundred (100) picograms per milliliter of 5-hydroxydantrolene in
serum or plasma.
(7) The use of
detomidine shall be permitted under the following conditions: Not to exceed two
(2) nanograms per milliliter of carboxydetomidine in urine or one (1) nanogram
per milliliter detomidine in blood.
(8) The use of dimethylsulfoxide (DMSO) shall
be permitted under the following conditions: Not to exceed ten (10) micrograms
per milliliter of DMSO in serum or plasma.
(9) The use of glycopyrrolate shall be
permitted under the following conditions: Not to exceed three (3) picograms per
milliliter of glycopyrrolate in serum or plasma.
(10) The use of guaifenesin shall be
permitted under the following conditions: Not to exceed twelve (12) nanograms
per milliliter of serum or plasma.
(11) The use of lidocaine shall be permitted
under the following conditions: Not to exceed twenty (20) picograms per
milliliter of total 3-hydroxylidocaine (to include conjugates) in serum or
plasma.
(12) The use of mepivacaine
shall be permitted under the following conditions: Not to exceed ten (10)
nanograms per milliliter of total hydroxymepivacaine in urine or the LOD of
mepivacaine in serum or plasma.
(13) The use of methocarbamol shall be
permitted under the following conditions: Not to exceed one (1) nanogram per
milliliter of methocarbamol in serum or plasma.
(14) The use of omeprazole shall be permitted
under the following conditions: Not to exceed ten (10) nanograms per milliliter
of omeprazole sulfide in serum or plasma.
(15) The use of procaine penicillin shall be
permitted under the following conditions:
(A)
Not to exceed twenty-five (25) nanograms per milliliter of procaine in serum or
plasma, and
(B) Administration of
procaine penicillin must be reported to the official veterinarian at the time
of administration, and
(C) Procaine
penicillin must not be administered after the horse is entered to race,
and
(D) Mandatory surveillance of
the horse must occur for the six (6) hours immediately preceding the race for
which the horse is entered by association security at the owner's
expense.
(16) The use of
ranitidine shall be permitted under the following conditions: Not to exceed
forty (40) nanograms per milliliter of serum or plasma.
(17) The use of xylazine shall be permitted
under the following conditions: Not to exceed two hundred (200) picograms per
milliliter of xylazine in serum or plasma.
F. Furosemide as a permitted foreign
substance
Except as otherwise provided in Rule 1232(5):
Furosemide may be administered intravenously to a horse, which is entered to compete in a race. Except under the instructions of the commission veterinarian or the racing veterinarian for the purpose of removing a horse from the veterinarian's list or to facilitate the collection of a post- race urine sample, furosemide shall be permitted only after the commission veterinarian has placed the horse on the furosemide list. In order for a horse to be placed on the furosemide list, the following process must be followed:
(1) After the horse's
licensed trainer and practicing veterinarian determine that it would be in the
horse's best interests to race with furosemide, they shall notify the official
veterinarian or his/her designee, using the prescribed form, that they wish the
horse to be put on the furosemide list.
(2) The form must be received by the
commission veterinarian or his/her designee by the proper time deadlines so as
to ensure public notification.
(3)
A horse placed on the official furosemide list must remain on that list unless
the licensed trainer and practicing veterinarian submit a written request to
remove the horse from the list. The request must be made to the commission
veterinarian or his/her designee, on the proper form, no later than the time of
entry.
(4) After a horse has been
removed from the furosemide list, the horse may not be placed back on the list
for a period of sixty (60) calendar days unless it is determined to be
detrimental to the welfare of the horse, in consultation with the commission
veterinarian. If a horse is removed from the official furosemide list a second
time in a three hundred sixty-five (365) day period, the horse may not be
placed back on the list for a period of ninety (90) calendar days.
(5) Furosemide shall only be administered on
association grounds.
(6) Upon the
request of the regulatory agency designee, the veterinarian administering the
authorized bleeder medication shall surrender the syringe used to administer
such medication, which may then be submitted for testing.
(7) Time of treatment. Horses qualified for
medication and so indicated on the official bleeder list must be treated at
least four (4) hours prior to post time.
(8) Medication administration. Bleeder
medication shall be administered by a veterinarian licensed by the commission
at an intravenous dose level not to exceed two hundred fifty (250) milligrams
and no less than one hundred fifty (150) milligrams; provided, with approval of
the official veterinarian, a dose of up to five hundred (500) milligrams may be
administered. Administration of furosemide shall take place in the horse's
stall or a specific location otherwise designated by the commission
(9) Out-of-state horses. A bleeder horse
shipped into the state from another jurisdiction may be automatically eligible
to receive furosemide provided that the jurisdiction from which it was shipped
qualified it as a bleeder using criteria satisfactory to this state. The Daily
Racing Form, Equibase, the breed registry foal certificate, or bleeder
certificate may be utilized in determining a horse's eligibility to receive
furosemide.
(10) The test level of
furosemide under this rule shall not be in excess of fifty (50) nanograms per
milliliter of serum or plasma and shall not be below a urine specific gravity
of one and ten one-thousandths (1.010); provided, if the official veterinarian
shall have approved a dose of up to 500 milligrams of furosemide, the test
level of furosemide under this rule shall not be in excess of one hundred (100)
nanograms per milliliter of serum or plasma and shall not be below a urine
specific gravity of one and ten one-thousandths (1.010). If an insufficient
volume of urine is obtained, a positive test shall be based upon quantitative
testing performed on blood serum or plasma only. Split sample testing shall be
quantitative and be performed on blood serum or plasma only.
G. Bleeding from nostrils
A horse known to have bled from its nostrils for the first time within a 365-day period during a race or workout may not race during the next 14 days without prior approval by the commission veterinarian or his/her designee. If a horse bleeds from its nostrils a second time within a 365-day period, the horse shall be placed on the veterinarian's list and prohibited from racing for a minimum of 30 days. If a horse bleeds from its nostrils a third time within a 365-day period, the horse shall be placed on the veterinarian's list and prohibited from racing for at least 180 days. If a horse bleeds from its nostrils a fourth time within 365 days, the horse will be barred from racing in Arkansas. For the purpose of counting, the number of days a horse is ineligible starts the day after the horse is observed bleeding.
A horse that bleeds from its nostrils, but upon endoscopic examination shows no sign of pulmonary hemorrhage, shall not be subject to the restrictions imposed by this section. After expiration of the ineligibility period, a horse must perform a workout without bleeding, to the satisfaction of the commission veterinarian. Prior to the workout, a blood sample may be collected by the Commission veterinarian and sent to the commission's testing laboratory. After the workout, the commission veterinarian may witness an endoscopic examination of the horse to confirm the horse has not bled.
H. Program information
In order to inform the race track patrons of those horses racing with medication, the permit holder shall indicate in the racing program that a horse is racing with permitted foreign substances for race day administration.
I. Drug classification and
penalties
(a) Except as provided in subsection
(b), upon a finding of a violation of this rule, the stewards shall consider
the classification level of the violation as currently established by the
Uniform Classification Guidelines of Foreign Substances and Recommended
Penalties and Model Rule as revised by the ARCI and impose penalties and
disciplinary measures consistent with the recommendations contained therein.
Provided, however, that in the event a majority of the stewards determine that
mitigating circumstances require imposition of a lesser penalty they may impose
the lesser penalty. In the event a majority of the stewards wish to impose a
greater penalty or a penalty in excess of the authority granted them, then, and
in such event, they may impose the maximum penalty authorized and refer the
matter to the commission with specific recommendations for further
action.
(b) Cobalt shall carry a
category "B" penalty, as established by the Recommended Penalties and Model
Rule, regardless of its presence in a post-race or out of competition sample.
The stewards shall consider levels less than fifty (50) parts per billion a
mitigating factor and levels of one hundred (100) parts per billion or more an
aggravating factor when determining penalties.
J. Environmental contaminants and substances
of human use
(1) Environmental contaminants
are either endogenous to the horse or can arise from plants traditionally
grazed or harvested as equine feed or are present in equine feed because of
contamination during the cultivation, processing, treatment, storage or
transportation phases.
(2)
Substances of human use and addiction may be found in the horse due to its
close association with humans.
(3)
If the preponderance of evidence presented in the hearing shows that a positive
test is the result of environmental contamination, including inadvertent
exposure due to human drug use, or dietary intake, or is endogenous to the
horse, those factors should be considered in mitigation of any disciplinary
action taken against the affected trainer. Disciplinary action shall only be
taken if test sample results exceed the regulatory thresholds in the most
recent version of the ARCI Endogenous, Dietary, or Environmental Substances
Schedule.
(4) The identification
and adoption of these uniform thresholds for certain substances
K. Laboratory reports
A finding by a chemist at a commission-approved equine drug testing laboratory that a test sample taken from a horse contains a drug or its metabolites or analogs, or any substance foreign to the natural horse, any drug found in excess of the commission-approved levels, substances present in the horse in excess of concentrations at which such substances could occur naturally, or substances foreign to a horse at concentrations that cause interference with testing procedures shall be prima facie evidence that such foreign substance has been administered to the horse either internally or externally in violation of this rule. It is presumed that:
(1) the sample of urine, saliva, blood, hair,
or other acceptable specimen tested by the approved laboratory to which it is
sent is taken from the horse in question, its integrity is preserved;
(2) all accompanying procedures of
collection, preservation, transfer to the laboratory, and analysis of the
sample are correct and accurate; and
(3) the report received from the laboratory
pertains to the sample taken from the horse in question and correctly reflects
the condition of the horse during the race in which it was entered or, in a
case of out of competition testing, when the test sample was taken; with the
burden on the trainer, assistant trainer, or other responsible person to prove
otherwise at any hearing in regard to the matter conducted by the stewards or
the commission.
L.
Pre-race testing
The stewards may require any horse entered to race to submit to a blood test, and no horse is eligible to start in a race until the owner or trainer complies with the required testing procedure.
M. Selection of horses tested
(a) The stewards, the commission veterinarian
or the executive director of the commission may order a blood test, hair test,
or urine test, or all three (3), on a horse for the purpose of
analysis.
(b) A blood specimen,
hair specimen, or urine specimen, or all three (3), shall be taken from the
following horses after the running of each race:
(1) The horse that finishes first in each
race.
(2) Any other horses
designated by the stewards, the commission veterinarian or the executive
director of the commission.
(3) The
stewards and the commission veterinarian designate for the taking of such a
specimen a horse that races markedly contrary to form.
N. Taking of samples
(a) Blood, urine, saliva, hair, or other
samples shall be:
(1) taken under the
direction of the commission veterinarian or persons appointed or assigned by
the commission veterinarian for such purposes;
(2) taken in a detention area approved by the
commission unless the commission veterinarian or stewards approves
otherwise;
(3) witnessed,
confirmed, or acknowledged by the trainer of the horse being tested or his or
her authorized representative or employee and may be witnessed by the owner,
trainer, or other licensed person designated by them;
(4) sent to racing laboratories approved and
designated by the commission in such manner as the commission or its designee
may direct; and
(5) in the custody
of the commission veterinarian, his or her assistants, or other persons
approved by the executive director or the commission veterinarian from the time
they are taken until they are delivered for shipment to the testing laboratory.
No person shall tamper with, adulterate, add to, break the seal of, remove, or otherwise attempt to so alter or violate any sample required to be collected by this rule, except for the addition of preservatives or substances necessarily added by the commission approved laboratory for preservation of the sample or in the process of analysis.
(b) The commission has the authority to
direct the approved laboratory to retain and preserve samples for future
analysis.
(c) The fact that purse
money has been distributed shall not be deemed a finding that no chemical
substance has been administered in violation of the provisions of this rule to
the horse earning such purse money.
O. Split Sample procedures
(a) All collection procedures shall be done
in accordance with chain of custody guidelines.
(b) The owner or trainer of any horse which
has a drug overage or positive will have 96 hours to notify the stewards or
commission veterinarian they wish to have a split sample tested at a RMTC
accredited laboratory.
(c) Before
sending an equine sample to the primary testing laboratory, the commission
veterinarian or a designated commission employee shall divide the specimen into
two (2) parts provided a sufficient amount is collected.
(d) The commission veterinarian or a
designated commission employee shall attempt to collect a minimum of fifty (50)
milliliters of urine. A urine specimen shall not be split if less than fifty
(50) milliliters is collected from the horse. In such instances, the commission
is entitled to submit the entire urine specimen for testing or detain the horse
an adequate amount of time until it can be obtained. If an insufficient volume
of urine is obtained, the trainer and owner are not entitled to a split
sample.
(e) The commission
veterinarian, a licensed veterinarian authorized by the commission, or a
veterinary technician under the direct supervision of a commission veterinarian
shall collect a minimum of thirty (30) milliliters of blood, which shall be
divided into two (2) portions, one (1) of which shall be forwarded to the
primary laboratory.
(f) The
commission veterinarian, a licensed veterinarian authorized by the commission,
or a veterinary technician under the direct supervision of a commission
authorized veterinarian shall collect a minimum of a hair sample that is at
least the same size in diameter as a standard lead pencil.
(g) If the retained part of a specimen is
sent for testing, the commission veterinarian or designated commission employee
shall arrange for the transportation of the specimen in a manner that ensures
the integrity of the sample.
(h)
Blood samples shall be centrifuged.
P. Storage and shipment of split samples
(a) The commission veterinarian or his/her
designee shall store the retained part of a specimen in secure, limited access
storage at a site approved by the commission for the period required by this
section.
(b) If the results of the
initial test on a specimen are negative, the commission veterinarian, or
his/her designee, or primary laboratory may discard the retained part of the
specimen upon receipt of the negative result. If the result of the initial test
on a specimen is positive, the commission veterinarian, or his/her designee, or
primary laboratory may discard the retained part of the specimen after the
expiration of the period during which an owner or trainer may request the
retained part be sent for split testing.
(c) The identity of the drug or drug
metabolites may be revealed to the split sample laboratory. Communication
between the primary and split sample laboratory is limited to the exchange of
the analytical method and the threshold level used to confirm the drug's
identity.
(d) The association shall
be responsible for providing sufficient freezer space to accommodate the
retained specimens.
Q.
Administrative procedures prior to split sample testing
(a) The results of all tests performed by the
primary laboratory or laboratories are confidential until such time a ruling is
issued in that matter and shall only be communicated to the commission,
commission staff, stewards, owner, and trainer. Notice of a positive test
result may be communicated verbally to the trainer. The trainer shall be
responsible for promptly notifying the owner of a horse of a positive test as
reported by the primary laboratory.
(b) The trainer or owner of a horse for which
a positive result on a drug test is returned may request that the stewards
submit the retained part of the specimen for testing in accordance with this
section. The specimen must be tested by a laboratory that is identified on the
list of approved laboratories maintained by the commission and acceptable to
the following:
(1) The commission.
(2) The primary laboratory.
Laboratories providing split sample testing shall be RMTC accredited unless otherwise approved by the commission. The request must be in writing, include the laboratory selection, and must be delivered to the stewards not later than ninety-six (96) hours after the trainer has received notice of a positive test result. Failure to request testing of a split sample and provide all necessary information within ninety-six (96) hours shall constitute a waiver of the right. The split sample laboratory shall be contacted by a representative of the commission to request acceptance of a split sample. The trainer or owner may choose any laboratory on the commission maintained applicable list to test the sample. However, the commission or executive director may limit the choice of laboratory for the detection of specific drugs.
(c) The
trainer or owner may elect to waive his or her right to testing of a split
sample.
(d) The owner or trainer of
a horse who submits a specimen for drug testing is entitled to be present or
have a representative present at any time that the retained part of the
specimen is prepared for storage or is tested.
(e) The split sample laboratory may require
the owner or trainer of a horse who submits a specimen for testing to execute a
hold harmless agreement for the split sample laboratory and an agreement that
the results of the split sample laboratory can be introduced as evidence in any
hearing. The agreements shall remain in the hands of the stewards.
(f) The trainer or owner may request that
negative control samples be tested with the split sample. The identities of the
negative control samples and the split sample shall be known only to the
commission.
(g) Except as otherwise
provided in these Rules, the presence of a drug or drug metabolite in any
quantity, excluding phenylbutazone, flunixin, ketoprofen or furosemide, is
sufficient for a finding of a positive test.
R. Administrative procedures subsequent to
split sample testing
(a) The split sample
laboratory shall send a confidential written report on the result of its tests
to the commission staff which in turn shall send a confidential report to the
trainer and owner forthwith.
(b) No
action shall be taken against the trainer or owner if the results of split
sample testing are not confirmed.
(c) No hearing shall be held concerning the
allegations against the trainer or owner, nor shall purse redistribution take
place, until split sample testing has been completed and the results of the
primary laboratory have been confirmed.
(d) The owner or trainer shall be notified in
writing of the:
(1) results of the primary and
split sample laboratories in the case of confirmed positives; and
(2) time and place of any administrative
hearings resulting from the findings.
S. Cost of split sample testing
(a) In order for a split sample laboratory to
be identified on the list of laboratories approved by the Commission, it must
establish reasonable fees for split sample testing based on their actual cost
of testing. Fees for split sample testing shall include the cost of testing
negative control samples if requested by the owner or trainer.
(b) The trainer or owner requesting split
sample testing and negative control samples shall pay all costs of transporting
and conducting tests on the split sample and negative control
samples.
(c) The trainer or owner
requesting split sample testing and negative control samples shall make full
payment at the time laboratory selection occurs or in accordance with split
laboratory requirements.
(d) The
commission shall reimburse the trainer or owner for the cost of split sample
testing if the results from the split sample laboratory do not confirm the
presence of the drug at levels above the thresholds levels.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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