Current through Register Vol. 56, No. 18, September 16, 2024
(a) The stewards
may permit the administration of medication to control respiratory bleeding
under the following conditions:
1. Furosemide
may be administered intravenously to a horse which is entered to compete in a
race to control respiratory bleeding. Administration of furosemide shall be
permitted only after the State 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:
i. After
the horse's licensed trainer and a licensed, practicing veterinarian determine
that it would be in the horse's best interests to race with furosemide they
shall notify the State Veterinarian or his or her designee, using the
prescribed form provided by the Racing Commission, that they wish the horse to
be put on the Furosemide List;
ii.
The form must be received by the State Veterinarian or his or her designee no
later than the time of entry, so as to ensure public notification prior to race
participation;
iii. A horse placed
on the Furosemide List must remain on that list unless the licensed trainer and
a licensed, practicing veterinarian submit a written request to remove the
horse from the List. The request must be made to the State Veterinarian or his
or her designee, on the proper form, no later than the time of entry;
and
iv. After a horse has been
removed from the Furosemide List, the horse may not be placed back on the List
for a period of 60 calendar days unless it is determined to be detrimental to
the welfare of the horse, in consultation with the State Veterinarian. If a
horse is removed from the Furosemide List a second time in a 365-day period,
the horse may not be placed back on the list for a period of 90 calendar
days.
2. The use of
furosemide shall be permitted for horses on the Furosemide List under the
following circumstances on the grounds of any racetrack where a detention barn
is utilized:
i. Furosemide shall be
administered at the direction of the State Veterinarian no less than four hours
prior to post time for the race for which the horse is entered;
ii. A horse qualified for furosemide
administration must be brought to the detention barn within time to comply with
the four-hour administration requirement specified in (a)2i above;
iii. The dose administered shall not exceed
500 milligrams per horse (500 mg) nor be less than 150 milligrams per horse
(150 mg);
iv. Furosemide shall be
administered by a single, intravenous injection only;
v. After treatment, the horse shall remain in
the detention barn or other designated area in the care, custody and control of
its trainer or the trainer's designated representative under association and/or
Commission security supervision until called to the saddling paddock;
and
vi. Failure to administer
furosemide in accordance with this paragraph may result in the horse being
scratched from the race by the stewards.
3. The use of furosemide shall be permitted
for horses on the Furosemide List under the following circumstances on the
grounds of any racetrack where a detention barn is not utilized:
i. Furosemide shall be administered no less
than four hours prior to post time for the race for which the horse is
entered;
ii. The furosemide dosage
administered shall not exceed 500 milligrams per horse (500 mg) nor be less
than 150 milligrams per horse (150 mg);
iii. Furosemide shall be administered by a
single, intravenous injection;
iv.
The trainer of the treated horse shall cause to be delivered to the State
Veterinarian, no later than one hour prior to post time for the race for which
the horse is entered, the following information, on a form provided by the
Racing Commission:
(1) The name of the horse,
racetrack name, and the date and time the furosemide was administered to the
entered horse;
(2) The dosage
amount of furosemide administered to the entered horse;
(3) The printed name and signature of the
licensed, practicing veterinarian who administered the furosemide;
and
(4) The signature of the
trainer or his or her representative; and
v. Failure to administer furosemide in
accordance with this paragraph may result in the horse being scratched from the
race by the stewards.
4.
If a horse is approved to receive Furosemide, the use of aminocaproic acid
(AMICAR(R) injectable only) as an adjunct bleeder medication may be
co-administered by a licensed veterinarian only when the horse receives
Furosemide. Dose: AMICAR(R) injectable 10 ml (2.5 gram) I.V. four hours
pre-race.
i. Veterinarians must report that
the horse was co-treated with AMICAR(R) on the Furosemide medication
slip.
ii. The administration of
AMICAR(R), pursuant to this paragraph, is only approved through December 31,
2007.
(b) The
State Veterinarian shall maintain a Bleeder List of all horses which have
demonstrated external evidence of exercise induced pulmonary hemorrhage from
one or both nostrils during or after a race or workout. Every confirmed
bleeder, regardless of age, shall be placed on the Bleeder List and be
ineligible to race for the following time periods:
1. For the first incident, the confirmed
bleeder will be ineligible to race for 14 days;
2. For the second incident, the confirmed
bleeder will be ineligible to race for 30 days;
3. For the third incident, the confirmed
bleeder will be ineligible to race for 180 days; and
4. For the fourth incident, the confirmed
bleeder will be barred from racing for its lifetime.
(c) For the purposes of counting the number
of days a horse is ineligible to run, the day the horse bled externally is the
first day of the recovery period. All horses on the Bleeder List who are
eligible to race shall be administered furosemide before they can race. The
voluntary administration of furosemide without an external bleeding incident
shall not subject the horse to the initial period of ineligibility as defined
by (b) above. A horse may be recommended for removal from the Bleeder List only
upon the direction of the licensed, practicing veterinarian, who shall certify
in writing to the stewards the recommendation for removal. A horse which has
been placed on a Bleeder List in another jurisdiction pursuant to these rules,
shall be placed on a Bleeder List in this jurisdiction.
(d) Post race urine and blood samples may be
taken by or under the supervision of the State Veterinarian from all horses
treated with furosemide to control respiratory bleeding pursuant to the
requirements set forth in (b) above. Post-race test results must show a
detectable concentration of furosemide in the serum, plasma, or urine sample
taken from a furosemide treated horse. Quantitation of furosemide in serum or
plasma shall be performed and concentrations must be below the serum or plasma
threshold levels authorized in
13:70-14A.1(b)14.
In the event a post-race analysis of a blood sample reveals that the
concentration of furosemide is at or above the permitted serum or plasma
threshold levels authorized in
13:70-14A.1(b)14,
or in the event that a post-race analysis of a blood or urine sample reveals no
detectable concentration of furosemide, the trainer and other persons charged
with responsibility, including, without limitation, licensed, practicing
veterinarians, shall be liable for the penalties as set forth in (e)
below.
(e) Should the stewards
determine that any person or persons have violated (d) above, they shall punish
the offending party as follows:
1. A trainer
and other persons charged with responsibility, including, without limitation,
licensed, practicing veterinarians, shall receive a warning for the first
violation.
2. A trainer and other
persons charged with responsibility, including, without limitation, licensed,
practicing veterinarians, shall receive a fine not to exceed $ 500.00 for a
second violation.
3. A trainer and
other persons charged with responsibility including, without limitation,
licensed, practicing veterinarians, shall be suspended, fined or both for a
third violation.
4. Repeated
violations of (d) above by a trainer and other persons charged with
responsibility, including, without limitation, licensed, practicing
veterinarians, for any horse under their care may subject said trainer and
other persons charged with responsibility, including, without limitation,
licensed, practicing veterinarians, to fine and/or suspension regardless of
whether or not the same horse is involved.
(f) Notwithstanding anything to the contrary
in this section or in
13:70-14A.1, no penalty shall be
imposed where on the day of the race, a horse carries in its body either
Phenylbutazone or Flunixin, both NSAIDs, under the following conditions:
1. The NSAID level is below the permitted
serum or plasma threshold levels authorized in
13:70-14A.1(b)14,
which are consistent with administration by a single intravenous injection that
follows the FDA-approved dose regimen for each product(s) at least 24 hours
before the post time for the race in which the horse is entered;
2. Phenylbutazone and Flunixin are not to be
administered within the 24 hours before post time for the race in which the
horse is entered; and
3. The
presence of more than one of the approved NSAIDs or any unapproved NSAID(s) in
the post-race serum or plasma sample is not permitted. The use of all but one
of the approved NSAIDs shall be discontinued at least 48 hours before the post
time for the race in which the horse is entered.
(g) In the event post-race testing determines
that the threshold levels authorized in
13:70-14A.1(b)14
have been met or exceeded, there is evidence of more than one of the permitted
NSAID(s) present or there is evidence of an unapproved NSAID, the stewards
shall penalize the trainer and other persons charged with responsibility,
including, without limitation, licensed, practicing veterinarians, as follows,
regardless of whether or not the same horse is involved:
1. First violation of
13:70-14A.9(f) -
$ 500.00 fine, loss of purse and 15 days suspension; and
2. Second or subsequent violation of
13:70-14A.9(f) -
such fines, suspensions and/or other penalties allowed by this
chapter.
(h) The
following anti-ulcer medications may be administered up to 24 hours prior to
the race in which the horse is entered: Omeprazole; Cimetidine; Ranitidine; and
Sucralfate. In the event a horse tests positive for any of the anti-ulcer
medications identified in this section, the trainer and other persons charged
with responsibility, including, without limitation, licensed, practicing
veterinarians, shall be subject to the following penalties:
1. $ 250.00 fine for the first
violation;
2. $ 500.00 fine and
loss of purse for the second violation; and
3. Increased fine, loss of purse and license
suspension as deemed appropriate by stewards for the third and subsequent
violations.
(i) The
following substances may be present in post-race samples as a result of
possible environmental contamination from plants that are traditionally grazed
or harvested as equine feed or are present from contamination during
cultivation, processing, treatment, storage and transportation phases that
contribute to contamination:
1.
Atropine;
2. Dimethyl
sulfoxide;
3.
Estranediol;
4.
Hydrocortisone;
5. Morphine and
Metabolites;
6. Salicylic
acid;
7. Scopolamine;
8. Strychnine;
9. Testosterone;
10. Theobromine; or
11. Theophylline.
(j) If a horse tests positive for one of the
substances identified in (i) above, within 10 days of being notified of the
positive test, the trainer and other persons charged with responsibility,
including, without limitation, licensed, practicing veterinarians, may request
in writing a hearing before the stewards for the purpose of determining whether
the positive test resulted from environmental contamination as described in (i)
above. The trainer and other persons charged with responsibility, including,
without limitation, licensed, practicing veterinarians, shall have the burden
of proof at the hearing. If the trainer and other persons charged with
responsibility, including, without limitation, licensed, practicing
veterinarians, meet their burden of proof in showing environmental
contamination as described in (i) above, the stewards shall consider the
environmental contamination as a mitigating circumstance in assessing a
penalty.
(k) Regulatory thresholds
(the concentration of the drug below which no administrative action is taken)
are established for caffeine as 100 nanograms per milliliter (100 ng/mL) of
serum or plasma. A positive test which exceeds the regulatory threshold will
subject trainers and other persons charged with responsibility, including,
without limitation, licensed, practicing veterinarians, to penalties consistent
with those permitted by the New Jersey Racing Commission rules.
