Current through all regulations passed and filed through September 16, 2024
(A) It
is
the intent of this rule to protect the integrity of horse racing, guard the
health of the horse, and safeguard the interest of the public and racing
participants through the prohibition or control of drugs, medications and
substances foreign to the natural horse. In this context:
(1) Except for regulatory thresholds of such
non-steroidal anti-inflammatory drugs and therapeutic
substances authorized for use by order of the commission, and except for
those horses eligible for the use of furosemide as permitted by paragraph
(A)(1)(b)
of this rule, no horse entered to race can carry in its
body on race day any prohibited foreign substance.
(a) The presence of any one of the
non-steroidal anti-inflammatory drugs approved for use by the commission will
be permitted at a concentration not to exceed the respective regulatory
threshold established by the commission. Administration of any non-steroidal
anti-inflammatory drug is prohibited within the twenty-four hours before post
time for the race in which the horse is entered. The presence of more than one
of the approved non-steroidal anti-inflammatory drug in serum
or plasma is prohibited. The presence of any unapproved non-steroidal
anti-inflammatory drug in the post-race serum, plasma, or urine sample is also
prohibited. The use of all but one of the approved non-steroidal
anti-inflammatory drugs has to be discontinued at least forty-eight hours
before the post time for the race in which the horse is entered;
(b) In order to be eligible for furosemide on
a raceday, a horse has to be certified as "furosemide eligible" by the
state veterinarian, another veterinarian or by the stewards based upon either:
(i) A good cause showing of need for
furosemide for said horse by the owner, trainer, veterinarian or authorized
agent. For purposes of this rule, prima facie evidence of a "good cause
showing" includes but is not
limited to the personal observation of
the state veterinarian by scope or
otherwise, of exercise-induced pulmonary hemorrhage (E.I.P.H.) in the horse;
or
(ii) A statement issued in
writing by a veterinarian attesting to his personal observation, by scope or
otherwise, of E.I.P.H. in the horse; or
(iii) Based upon evidence the horse raced on
furosemide in its preceding start, a horse is deemed "furosemide eligible" in
writing by the stewards.
(c) A horse eligible for furosemide will be
permitted a dose equal to a minimum of one hundred milligrams and a maximum of
five hundred milligrams. Horses can
only be administered furosemide
intravenously four hours or more prior to the post time of its race by a
veterinarian who is employed by the owner, authorized agent, or trainer of the horse. Furosemide will only be
administered on the grounds of that permit holder. Furosemide may only be
administered when an attendant is present. The attendant
has to
sign documentation indicating they were present during the
administration of furosemide.
(2) A written certificate issued by the
stewards or a written sworn statement of certification executed by the state
veterinarian or another veterinarian declaring that a horse is "furosemide
eligible"
has
to be deposited with the stewards at commercial tracks at least
forty-eight hours prior to post time when a horse first races using furosemide.
At county or independent fairs, the written certificate
has to be
deposited with the racing secretary prior to post time of the first race on the
day that horse first races using furosemide.
(3) Any horse racing with furosemide
is
governed by the following conditions in addition to those set forth in paragraph
(A)(1) of this rule:
(a) Once a horse has raced with furosemide,
that horse has
to be administered furosemide every time it races for the next ninety
days. This paragraph does not apply when furosemide is prohibited by
jurisdiction or race condition.
(b) After a horse races with furosemide for
at least ninety days and the owner or trainer decides the horse no longer needs
furosemide, the owner or trainer may, upon written notice to the stewards,
cease the use of furosemide. That horse will not race
with furosemide for at least thirty days. This paragraph
does
not apply when furosemide is prohibited by jurisdiction or
race condition.
(c) Any time a
veterinarian administers furosemide to a horse scheduled to race, said
veterinarian shall confirm that horse is entered to race on furosemide,
according to the overnight entries published by the racing secretary, and fill
out and sign a form approved by the commission. Said form shall be delivered to
the stewards.
(d) Other than
furosemide as permitted in this rule or except in the case of emergency, no
foreign substance may be administered to a horse on a race day before the
conclusion of the race that horse has been entered in or until the horse has
been released by the state veterinarian from the state testing barn or the
retention area at a county or independent fair.
(4) It shall be deemed a violation of this
rule:
(a) Should a test sample taken from a
horse not reported to the racing secretary as racing on furosemide and listed
as such in the daily program test positive for furosemide; or
(b) Should a test sample of urine taken from
a horse show a urine specific gravity less than 1.010 and a test sample of
blood taken from a horse show a level of furosemide greater than one hundred
nanograms per milliliter of plasma; or, in the event no urine sample is
collected from a horse, should a test sample of blood taken from a horse show a
level of furosemide greater than one hundred nanograms per milliliter of
plasma; or,
(c) Should a test
sample taken from a horse reported to the racing secretary as racing on
furosemide and listed as such in the daily program test negative for
furosemide; or
(d) Should a test
sample of blood taken from a horse show a concentration of total carbon dioxide
in the plasma and/or serum in excess of thirty-seven millimoles per liter;
or
(e) Should a test sample show a
concentration of any non-steroidal anti-inflammatory drug in excess of the
regulatory threshold established by the commission; or
(f) Should any licensee fail to comply with
any part of
the provisions within paragraph
(A)(3).
(5)
On premises under the jurisdiction of the commission, no licensees other than
veterinarians can possess a nasogastric tube, equipment, including
bottles designed for hypodermic administration, any foreign substance
considered a prescription drug unless it is for an existing condition and is
prescribed by a veterinarian, any quantity of sodium bicarbonate (baking soda)
or any preparation containing more than thirty grams (one ounce) of sodium
bicarbonate. When prescribed by a veterinarian, the supply of any foreign
substance is limited by ethical practice consistent with the
purposes of this rule. This rule does not affect any prohibition of drugs, narcotics,
stimulants, substances and other items listed in rules 3769-8-06,
3769-8-07 and
3769-8-09 of the Administrative
Code.
(6) Notwithstanding the
provisions of paragraph (A)(5) of this
rule, any licensee may possess within a race track enclosure any chemical
substance for personal use provided that, if the chemical substance is
prohibited from being dispensed by any federal or state law without a
prescription, the person is in possession of documentary evidence that a valid
prescription for the chemical substance has been issued to the person and a
sworn statement clearly describing the chemical substance and its intended use
has been filed with the state steward. Under no circumstances
is this
rule deemed to authorize the possession
on the premises of any permit holder of any substance prohibited by rule
3769-8-06 of the Administrative
Code.
(7) Notwithstanding the
provisions of paragraph (A)(5) of this
rule, any licensee may possess within any race track enclosure a hypodermic
syringe or needle for the purpose of self-administering
a medically-prescribed chemical substance provided the
licensee has notified the state steward of possession, size of the hypodermic
syringe or needle and the chemical substance to be administered.
(8) Following each pari-mutuel race at a
commercial track, a test sample will be taken for the purpose of analysis from at
least one participating horse designated by the stewards. In addition, stewards
may designate by lot or otherwise one or more horses from which a test sample
will be
taken for the purpose of analysis. The state veterinarian, the executive
director or any commission member may also order the collection of a test
sample from any horse for the purpose of analysis
At all county and independent fairs, stewards may order test
samples be taken from horses for the purpose of analysis. Stewards may select
horses by lot or otherwise.
(9) The commission will appoint, at
its cost, a veterinarian or veterinary technician
to take test samples or supervise the collection of them, approve a laboratory
for test sample analysis and require the analysis of all test samples
collected. The cost of analysis of the blood and urine samples taken from one
horse in each race will be deducted from the purse for that race and
forwarded to the commission. The cost of analysis of all other samples
will be
paid by the commission.
At each commercial race track the permit holder
provides at its cost and subject to the approval of
the state veterinarian or commission, an adequate number of assistants as determined by the commission, to aid in
securing test samples. Under the
supervision of the state veterinarian or veterinary
technician, assistants have
free access to the state testing barn. The commission may also appoint, at its
cost, veterinarians or other persons to supervise the practice of veterinary
medicine at all premises under the jurisdiction of the commission and all
activities involving the securing, handling and analysis of test
samples.
No veterinarian appointed by the commission or employed by a
permit holder is permitted to treat or prescribe for any horse on
the grounds, except in case of emergency, when a full and complete report
will be
made to the stewards. No licensee can employ or compensate a veterinarian or the
assistants of a veterinarian appointed by the commission or hired by a permit
holder.
(10) A finding by
the chemist that a foreign substance, other than
a
permitted level
of furosemide, any non-steroidal
anti-inflammatory drug, or therapeutic substance
authorized for use by order of the commission, as permitted in paragraph
(A)(1)(a) of
this rule, is present in the urine or blood sample
is
considered a positive test and a violation of this rule. Also, it
is
prima facie evidence that such foreign substance was administered and carried
in the body of the horse while participating in a race and that the trainer and
his agents responsible for the care and custody of the horse have been
negligent in the handling or care of the horse.
(11) Every horse which suffers a breakdown
while training or racing and is destroyed and every horse which expires under
suspicious or unusual circumstances while under the jurisdiction of the
commission may be required by the state veterinarian to undergo a post-mortem
examination at a time and place determined by the state veterinarian in an
attempt to ascertain the injury or disease which resulted in euthanasia or
caused death.
(a) The commission
pays
all costs involved in a post-mortem examination conducted by a veterinarian
approved by the commission.
(b) A
written record of all information normally contained in a post-mortem report,
and other information specifically requested, will be provided
to the state veterinarian.
(c) Test
samples specified by the state veterinarian will be obtained
from the carcass upon which the post-mortem examination is conducted, sent to a
laboratory approved by the commission and analyzed for foreign substances,
natural substances at abnormal levels, etiological agents and pathological
lesions. Test samples may be procured prior to euthanasia.
(12) The commission has the authority to
direct the approved laboratory to retain and preserve, by freezing, any samples
for future analysis.
(13) Should
test sample analysis result in a violation of any
provision within paragraph (A)(1) of this rule
other than a substance that has an ARCI recommended 'D'
penalty, the horse
is
disqualified in accordance with rule
3769-7-45 of the Administrative
Code and any licensee found in violation is subject to penalties contained in
paragraph (A)(15) of this rule.
In situations where penalties include a forfeiture of the purse
and any trophy or award, until the purse, as well as any trophy or award, is
returned, the owner and trainer of the horse may be suspended. The fact that
purse money has been distributed prior to the issuance of a laboratory report
is not a finding that no foreign substance has been
administered to the horse earning the purse money.
No redistribution of such purse is required
until a permit holder is refunded the purse money. The horse designated the
winner will be awarded any purse money following the
disqualification if there are not enough non-offending horses to share such
purse.
When required by the penalty section of this rule, stewards
will
disqualify the horse from which the positive test sample was obtained, and advance finish positions of the remaining horses
accordingly. The commission may continue any suspension made pursuant to the
provision listed in this paragraph for such period of time as it may
determine.
(14) It
is
the responsibility of the trainer of the winning horse or any other horse from
which the stewards order a test sample to be taken, to see that horse is taken
directly after the race to the state testing barn at a commercial track or to
the retention area at a county and independent fair.
(15) The stewards may fine any licensee who
violates any provision within paragraphs
(A)(1)to
(A)(5) of this rule an amount not in
excess of one thousand dollars, suspend such licensee for a period not to
exceed one year and refer the matter to the commission for its consideration.
The penalties for the violation of any provision
within paragraphs
(A)(1)
and/or(A)(4) of this rule
are to
be determined in accordance with the provisions of paragraph
(A)(16) of
this rule. Stewards may fine any licensee who violates any other
requirements in paragraph (A) of this rule an amount not in excess of one
thousand dollars, suspend such licensee for a period not to exceed one year and
refer the matter to the commission for further consideration.
(16) Upon finding a violation of
any provisions within paragraphs
(A)(1) to (A)(14) of
this rule, and subject to the provisions of rule
3769-7-45 of the Administrative
Code, the horse will be disqualified. Stewards
will
consider the classification level of the violation as established by the system
of classification of prohibited foreign substances adopted by the commission
and impose penalties and disciplinary measures consistent with the
recommendations contained therein. If a majority of stewards determine that
mitigating circumstances require imposition of a lesser penalty, they may
impose the lesser penalty. If a majority of stewards wish to impose a penalty
in excess of the authority granted them, they can impose the
maximum penalty authorized and refer the matter to the commission with a
specific recommendation for further action.
(17) When imposing penalties for violations
of any provision(s) within paragraphs
(A)(1)
to
(A)(14) of this rule, stewards and the commission may
consider, in addition to the considerations outlined in paragraph
(A)(16) of
this rule, the following factors:
(a) The
accessibility of the drug, considering whether it can be purchased over the
counter, only with a prescription, only with a license for controlled
substances, or cannot be purchased in this country;
(b) The experience of the violator;
(c) Whether the violator has ever been the
subject of a medication ruling in any racing jurisdiction;
(d) What action, if any, was taken by the
licensee to avoid the violation.
Stewards and the commission are not
required to articulate any of the
foregoing in any ruling issued. Ignorance of the rules
is not a mitigating factor.
(18)
Total Carbon Dioxide
(a) If a test sample of blood from a horse
shows a concentration of total carbon dioxide in excess of the level authorized
in paragraph (A)(4)(d) of this rule, the owner or trainer of that
horse contending that such level is physiologically normal for that specific
horse may request the horse be held in approved quarantine at a location
designated by the commission. This quarantine will be in
accordance with policies and procedures adopted by the commission and
will be
for a period determined by the executive director or the stewards, but not
greater than five days, and is at the sole expense of the owner or trainer
requesting the quarantine. During the quarantine the horse will be retested
periodically., Removal of a horse from quarantine
constitutes a waiver of any
claim of normally high levels for that specific horse. A request for quarantine
has to
be made within seventy-two hours of notification of violation of this
rule.
(b) Subsequent to the horse
being quarantined and retested, if the commission is satisfied on the basis of
clear and convincing evidence derived from the testing of the horse's blood
that such horse has physiologically normal levels in excess of the level
authorized in paragraph (A)(4)(d) of this rule then no disciplinary action will
be taken against the owner or trainer of that horse. In addition,
notwithstanding the provisions of paragraph (A)(18)(a) of this
rule, the commission will bear the expense of quarantine in such
cases.
(19) The commission,
on its own motion or in addition to any penalty assessed by the stewards, may
revoke, suspend or refuse to grant any commission license held or applied for
by any person who violates this rule.
(B) Notice of the use
of medication:
(1) In order to inform the
public of those horses racing with permitted medication, it
is
the responsibility of the permit holders to indicate in daily programs any
horse racing with furosemide and if a horse is racing with furosemide for the
first time.
(2) When entering a
horse, it is the responsibility of the trainer to indicate on
the entry form that they intend to race the horse with furosemide and to
indicate if the horse is racing with furosemide for the first time as defined in this rule. It
is
the responsibility of the racing secretary to check each daily program to make
sure the use of furosemide reported to their office for
each horse is correctly shown.
(3)
When an entry is made by telephone the trainer has to provide
the information otherwise required on a written entry and obtain the name of
the person who accepts the entry. The person who accepts a telephone entry
has to
obtain the name of the person making the entry.
(4) Stewards may fine any licensee who
violates paragraph (B) of this rule an amount not in excess of one
thousand dollars, suspend the licensee for a period not to exceed one year and
refer the matter to the commission for further consideration.
(D) Veterinarians'
report
(1) Any veterinarian who treats a
racing horse or administers, prescribes, provides or sells any medication or
foreign substance for use by a racing horse shall keep a complete written
record of this event.
(2) Each
record shall contain the name of the horse, its owner or trainer, dates and
times of treatments, any tentative diagnosis, and the name, doses and method of
administration of the medications or foreign substances administered or
prescribed.
(3) Each record shall
remain confidential and be retained by the veterinarian unless a disclosure of
its content is requested by the commission or its state steward for use in a
proceeding resulting from a positive test sample. Upon request, the
veterinarian shall provide each record to the commission or state steward
within twenty-four hours.
(4)
Veterinarians may use standard abbreviations for any medications administered
or prescribed.
(5) Except in an
emergency, it shall be the duty of a veterinarian to inquire of the owner,
trainer or their representative, prior to treating any horse, whether the horse
is or will be entered to race during the period of time any medication
administered by the veterinarian may affect any test sample and result in a
positive finding. If such shall be the case, it is the veterinarian's duty to
advise the owner, trainer or their representative of this.
If the owner or trainer certifies in writing to the
veterinarian that the horse to be treated will not race within fifteen days of
the time of treatment, then said veterinarian shall not be required to complete
the report pursuant to paragraph (D)(1) of this rule.
A veterinarian may be held wholly or partially responsible for
such positive finding if the veterinarian failed to perform the duties of
inquiry and advice as set forth in this rule.
(6) The stewards may fine any licensee who
violates paragraph (D) of this rule an amount not in excess of one
thousand dollars, suspend the licensee for a period not to exceed one year and
refer the matter to the commission for further consideration.
