Current through Register Vol. 56, No. 18, September 16, 2024
(a) Violations of N.J.A.C. 13:70- 14A.18,
Shock wave therapy, shall result in the following penalties:
1. Any person who performs shock wave therapy
who is not a licensed veterinarian shall be subject to the following penalties:
i. A first violation shall result in a
minimum suspension of 60 days and a $ 5,000 fine. The presence of aggravating
factors may result in the imposition of a suspension up to 180 days and a fine
up to $ 10,000;
ii. A second
violation shall result in a minimum suspension of 180 days and a $ 10,000 fine.
The presence of aggravating factors may result in the imposition of a
suspension up to one year and a fine up to $ 20,000; and
iii. A third or subsequent violation shall
result in a minimum two-year suspension and a $ 20,000 fine. The presence of
aggravating factors may result in permanent license revocation;
2. Should any person other than a
licensed veterinarian possess a shock wave therapy machine at any racetrack,
off-track stabling facility, or other location subject to the jurisdiction of
the Commission, the following penalties shall be imposed upon that person:
i. A first violation shall result in a
minimum suspension of 30 days and a $ 2,500 fine;
ii. A second violation shall result in a
minimum suspension of 90 days and a $ 5,000 fine; and
iii. A third or subsequent violation shall
result in a minimum one-year suspension and $ 10,000 fine;
3. Should a licensed veterinarian possess an
unregistered shock wave therapy machine at any racetrack, off-track stabling
facility, or other location subject to the jurisdiction of the Commission, the
following penalties shall be imposed upon that veterinarian:
i. A first violation shall result in a $
1,000 fine for failure to register;
ii. A second violation shall result in a $
2,500 fine; and
iii. A third or
subsequent violation shall result in a minimum 15-day suspension and $ 5,000
fine;
4. Should any
veterinarian perform shock wave therapy on a horse that has not been scratched
from any race in which it is entered, the veterinarian and trainer shall each
be subject to the following penalties:
i. A
first violation shall result in a minimum one-year suspension and a $ 10,000
fine. The presence of aggravating factors may result in the imposition of a
suspension up to three years and a fine up to $ 25,000;
ii. A second violation shall result in a
minimum three-year suspension and a $ 25,000 fine. The presence of aggravating
factors may result in the imposition of a suspension up to five years and a
fine up to $ 50,000; and
iii. A
third or subsequent violation shall result in a minimum five-year suspension
and a $ 50,000 fine. The presence of aggravating factors may result in
permanent license revocation and a fine up to $ 100,000;
5. Should any horse treated with shock wave
therapy race within 10 days of treatment:
i.
The owner shall be subject to the following penalties:
(1) A first violation shall result the horse
being disqualified from the race and any purse money won forfeited. The horse
shall also be placed on the Steward's List for a period of 10 days;
(2) A second violation shall result the horse
being disqualified from the race and any purse money won forfeited. The horse
shall also be placed on the Steward's List for a period of 30 days and shall
not be removed in the event of a bonafide transfer of ownership. The same horse
need not be involved in both violations in order for the owner to have
committed a second violation; and
(3) A third or subsequent violation shall
result the horse being disqualified from the race and any purse money won
forfeited. The horse shall also be placed on the Steward's List for a period of
90 days and shall not be removed in the event of a bonafide transfer of
ownership. The same horse need not be involved in all violations in order for
the owner to have committed a third or subsequent violation; and
ii. The trainer shall be subject
to the following penalties:
(1) A first
violation shall result in a suspension for a minimum period of one year and a
fine of $ 10,000;
(2) A second
violation shall result in a suspension for a minimum period of three years and
a fine of $ 25,000; and
(3) A third
or subsequent violation shall result in a suspension for a minimum period of
five years and a fine of $ 50,000;
6. Should any horse treated with shock wave
therapy breeze within four days, then the following shall apply:
i. The trainer shall be subject to the
following penalties:
(1) For a first
violation, the trainer shall have his or her license suspended for a minimum of
six months and shall be fined a minimum of $ 1,000;
(2) For a second violation, the trainer shall
have his or her license suspended for a minimum of one year and shall be fined
a minimum of $ 2,500; and
(3) For a
third or subsequent violation, the trainer shall have his or her license
suspended for a minimum of three years and shall be fined a minimum of $ 5,000;
and
ii. If an owner's
horse or horses, cumulatively, are found to have breezed within four days of
receiving shock wave therapy on three occasions, the horse committing the third
violation shall be placed on the Steward's List for a period of 30 days;
and
7. A licensed
veterinarian's failure to abide by either the pre-notice requirement or the
requirement to send a Shock Wave Therapy Treatment Sheet within 24 hours shall
be subject to the following penalties:
i. A
first violation shall result in a formal written warning;
ii. A second violation shall result in a $
1,000 fine; and
iii. A third or
subsequent violation shall result in a minimum 15-day suspension and a $ 2,500
fine.
(b) If
shock wave therapy is impermissibly performed upon any horse, the racing of
that horse within 10 days or breezing of that horse within four days shall
serve to aggravate the penalties imposed in (a)1 or 4 above, respectively,
against the offending party who performed shock wave therapy.
(c) Any and all penalties assessed against an
owner, trainer, veterinarian, or other person for violation of N.J.A.C.
13:70-14A.18shall be individually assessed against each particular violator
based upon his or her own violation history. For example, the same set of facts
may be deemed a third violation against the trainer, a second against the
owner, and a first against the veterinarian.
(d) Notwithstanding the foregoing, the Judges
may punish any person who directed another to violate N.J.A.C. 13:70-14A.18.
The person who directed the violator shall be subject to the same penalties as
the offender. This includes, but is not limited to, the principal veterinarian
of a veterinary practice, a veterinarian who directs a veterinarian technician
or other person to perform shock wave therapy or act in any other way that
would violate N.J.A.C. 13:70-14A.18, a trainer or owner who directs any other
party to perform shock wave therapy or act in any way that would violate
N.J.A.C. 13:70-14A.18, or any other person who directs another to violate
N.J.A.C. 13:70- 14A.18.
(e)
Notwithstanding any of the penalties set forth in (a) above, the Stewards may
punish any other person found to be acting in concert with a person performing
shock wave therapy in violation of N.J.A.C. 13:70-14A.18, by imposing penalties
in accordance with the severity of the conduct up to the maximum provided in
this section.
