Current through Bulletin 2024-06, March 15, 2024
1. Veterinarians Under the Authority of the
Official Veterinarian. Veterinarians licensed by the Commission and practicing
at any location under the jurisdiction of the Commission are under the
authority of the Official Veterinarian and the stewards. The Official
Veterinarian shall:
A. recommend to the
stewards or the Commission, the discipline that may be imposed upon a
veterinarian who violates the rules; and
B. sit with the Stewards in any hearing
before the Stewards in any administrative process for discipline or violation
against a veterinarian.
2. Physical Inspection and Assessment of
Racing Condition. Any horse entered to participate in an official race shall be
subjected to a veterinary inspection before starting in the race.
A. The inspection shall be conducted by the
Official Veterinarian or the racing veterinarian.
B. The trainer of each horse or their
representative shall present the horse for inspection as required by the
examining veterinarian.
C. Each
horse presented for examination shall have clean legs, including removal of any
bandages.
D. Before examination, a
horse may not be placed in ice, nor shall any device or substance be applied
that impedes veterinary clinical assessment.
E. The Official Veterinarian or the racing
veterinarian shall maintain a permanent continuing health and racing soundness
record of each horse inspected.
F.
The Official Veterinarian or the racing veterinarian are authorized access to
any horses housed on association grounds regardless of entry status.
G. The veterinarian will recommend to the
stewards the horse be scratched, if, before starting:
a. a horse is determined to be unfit for
competition; or
b. if the
veterinarian cannot make a determination of racing soundness.
H. Horses scratched upon the
recommendation of the Official Veterinarian or the racing veterinarian are to
be placed on a list maintained by the Official Veterinarian.
3. Appropriate Role of
Veterinarians. The following limitations apply to drug treatments of horses
that are engaged in activities, including training, related to competing in
Commission sanctioned race meets.
A. No drug
may be administered except in the context of a valid relationship between an
attending veterinarian, the horse owner, who may be represented by the trainer
or other agent, and the horse. No drug or prescription drug may be administered
without a veterinarian having examined the horse and provided the treatment
recommendation. The relationship requires the following:
a. the veterinarian, with the consent of the
owner, has accepted responsibility for making medical judgments about the
health of the horse;
b. after
performing an examination, the veterinarian has:
(1) sufficient knowledge of the horse to make
a preliminary diagnosis of its medical condition;
(2) is available, or has made arrangements to
oversee treatment outcomes; and
(3)
maintains the veterinarian-client relationship, and;
c. the judgment of the veterinarian is
independent and not dictated by the trainer or owner of the horse.
B. The trainer and veterinarian
are both responsible to ensure compliance with these limitations on drug
treatments of horses.
4.
Treatment Restrictions. Only licensed trainers, licensed owners, or their
designees shall be permitted to authorize veterinary medical treatment of
horses under their care, custody, and control at locations under the
jurisdiction of the Commission.
5.
To administer a prescription or controlled medication, drug, chemical, or other
substance, an individual shall be:
A. licensed
to practice veterinary medicine under the jurisdiction of the Commission;
and
B. licensed by the
Commission.
C. Subsection
R52-7-8(5) does not apply to the administration of an oral substance allowed by
the Commission rules if the substance is not banned.
D. Subsection R52-7-8(5) does not apply to a
recognized non-injectable nutritional supplement or other supplement approved
by a licensed veterinarian or by the Official Veterinarian.
E. No individual shall have a hypodermic
needle, syringe capable of accepting a needle, or injectable of any kind on
association grounds, unless otherwise approved by the Commission.
F. At any location under the jurisdiction of
the Commission, a veterinarian may use only a one-time disposable syringe and
needle and shall dispose of both in a manner approved by the
Commission.
G. If an individual has
a medical condition that makes it necessary to have a syringe at any location
under the jurisdiction of the Commission, that individual shall:
a. request permission of the Stewards and the
Commission in writing;
b. furnish a
letter from a licensed physician explaining why it is necessary to have a
syringe; and
c. comply with any
conditions and restrictions set by the stewards and the Commission.
6. Veterinary
Practices. Private veterinarians shall not have contact with an entered horse
24 hours before the post time of the race in which the horse is scheduled to
compete, unless licensed by the Commission and approved by the Official
Veterinarian.
A. Any unauthorized contact may
result in the horse being scratched from the scheduled race and further
disciplinary action by the stewards.
B. Any horse entered for racing shall be
present on the grounds four hours before the post time of the race they are
entered in.
C. Administration of
furosemide shall take place on the grounds four hours before the post time of
the race they are entered in.
D.
Furosemide shall be administered by the Official Veterinarian or a Track
Veterinarian.
7.
Veterinarians' Reports. A private veterinarian who treats a racehorse at a
facility under the jurisdiction of the Commission shall submit a Veterinarian's
Medication Report Form approved by the Commission to the Official Veterinarian
or other racing authority designee.
A. The
Veterinarian's Medication Report Form shall be signed by the private
veterinarian or, when signed electronically, shall be submitted by the private
veterinarian.
B. The Veterinarian's
Medication Report Form shall be filed by the treating veterinarian immediately
following administration or prescription of any medication, drug, substance, or
procedure.
C. Disclosure of any
report is governed by Title 63G, Chapter 2 Government Records Access and
Management Act (GRAMA) and is non-public to the extent allowed by GRAMA. Access
to a report is limited to the Official Veterinarian and the contents shall not
be disclosed except:
a. in the course of an
investigation of a possible violation of these rules;
b. in a proceeding before the stewards or the
Commission exercising Commission authority; or
c. to the horse trainer or owner of record at
the time of treatment.
D. A timely and accurate filing of a
Veterinarian's Medication Report Form that is consistent with the analytical
results of a positive test may be used as a mitigating factor in determining
the nature and extent of a rules violation.
8. Pre-race and post-race testing and
reporting to the test barn. The official winning horse and any other horse
ordered by the Commission or the Stewards shall be taken to the test barn to
have hair, blood, or urine samples taken at the direction of the Official
Veterinarian.
A. The Stewards, Commission, or
Official Veterinarian may require random testing on a horse at any time a horse
is on the grounds under the jurisdiction of the Commission.
B. Unless otherwise directed by the stewards
or Official Veterinarian, a horse that is selected for testing shall be taken
directly to the test barn. An individual approved by the Commission or a track
security guard shall monitor access to the test barn area during and
immediately following each racing performance. Any individual entering the test
barn area shall:
a. be at least 18 years
old;
b. be currently licensed by
the Commission;
c. display their
Commission identification badge; and
d. have a legitimate reason for being in the
test barn area.
C.
Sample collection for blood and urine shall be done in accordance with the
guidelines and instructions provided by the Official Veterinarian, including
the determination of a minimum sample requirement for the primary testing
laboratory.
a. If the specimen obtained from a
horse is less than the minimum sample requirement, the entire specimen shall be
sent to the primary testing laboratory.
b. If a specimen obtained from a horse is
greater than the minimum sample requirement but less than twice that amount,
the portion of the sample that is greater than the minimum sample requirement
shall be secured as the split sample.
c. If a specimen obtained from a horse is
greater than twice the minimum sample requirement, a portion of the sample
about equal to the amount provided for the primary testing laboratory shall be
secured as the split sample.
d.
Blood samples shall be collected at a consistent time, preferably before one
hour post-race.
D.
Sample collection for hair testing shall be done in accordance with the
guidelines and instructions provided by the Official Veterinarian to determine
sample size. Hair testing is not subject a split sample.
9. Sampling or Testing. The Commission shall
adopt standard operating procedures that include:
A. sampling procedures; and
B. personnel and notification
processes.
10. If a
sample taken pre-race is determined to be above the thresholds stated in this
rule, the horse shall be scratched and enforcement action taken in accordance
with this rule.
11. Any owner,
trainer, or other licensed designee of the owner or trainer who fails to permit
a horse to be tested when requested by an authorized Commission designee shall
have that horse scratched.
12.
Out-of-competition Testing Authorized. The Commission may take blood, urine,
hair, or other biologic samples from a horse at a reasonable time on any date
as authorized by Commission rules to enhance the ability of the Commission to
enforce its medication rules.
13.
Horses Eligible to be Tested. Any horse that has been engaging in activities
related to competing in horse racing in the jurisdiction may be tested. This
includes:
A. horses that are training outside
the jurisdiction to participate in racing in the jurisdiction; and
B. horses that are training in the
jurisdiction.
14.
Weanlings, yearlings, and horses no longer engaged in horse racing, such as
retired broodmares are not eligible to be tested.
15. A horse is presumed eligible for
out-of-competition testing if:
A. it is on the
grounds at a racetrack or training center under the jurisdiction of the
Commission;
B. it is under the care
or control of a trainer licensed by the Commission;
C. it is owned by an owner licensed by the
Commission;
D. it is entered or
nominated to race at a premise licensed by the Commission;
E. it has raced within the previous 12 months
at a premise licensed by the Commission; or
F. it is nominated to a program based on
racing in the jurisdiction.
16. Horses shall be selected for sampling by
a Commission veterinarian, Executive Director, Equine Medical Director,
Steward, Presiding Judge, or a designee of any of the foregoing.
17. Horses may be selected to be tested at
random, for cause, or as otherwise determined, at the discretion of the
Commission, and the Commission need not provide advance notice before arriving
at any location, whether or not licensed by the Commission, to collect
samples.
18. The trainer, owner, or
their designee shall cooperate with the person who takes samples for the
Commission, and shall:
A. assist in the
immediate location and identification of the horse; and
B. make the horse available as soon as
practical upon arrival of the person who is responsible for collecting the
samples.
19. A trainer
or owner of a horse that has been notified that a written report from a primary
laboratory states that a prohibited substance was found in a specimen obtained
under these rules, may request that a split sample for blood and urine,
corresponding to the portion of the specimen tested by the primary laboratory,
be sent to another laboratory approved by the Commission.
A. The request must be made in writing and
delivered to the Stewards before three business days after the stewards receive
written notice of the findings of the primary laboratory. Any split sample
requested shall be shipped within an additional 48 hours. The owner or trainer
requesting testing of a split sample shall be responsible for the cost of
shipping and testing.
B. Failure of
the owner, trainer, or designee to appear when and place designated by the
Official Veterinarian shall constitute a waiver of rights to split sample
testing.
C. Before shipment, the
Commission shall confirm the split sample laboratory's willingness to
simultaneously:
a. provide the testing
requested;
b. send results to both
the person requesting the testing and the Commission, and;
c. make arrangements for payment satisfactory
to the split sample laboratory.
D. If a reference laboratory will accept
split samples, that laboratory shall be included among the laboratories
approved for split sample testing.
20. Storage and Shipment of Split Samples.
Split samples obtained in accordance with this rule shall be secured and
available for further testing in accordance with the following procedures.
A. A split sample shall be secured in the
test barn in the same manner as the portion of the specimen shipped to a
primary laboratory until specimens are packed and secured for shipment to the
primary laboratory. Any evidence of a malfunction of a split sample freezer or
samples that are not in a frozen condition during storage shall be documented
in the log and immediately reported to the Official Veterinarian or a
designated Commission representative.
B. Split samples shall then be transferred to
a freezer at a secure location approved by the Commission that shall meet the
following requirements:
a. the freezer shall
have two hasps or other devices providing for use of two independent
locks;
b. one lock shall be the
property of the Commission; and
c.
one lock shall be the property of a representative of the group representing a
majority of the horsemen at a race meeting.
C. The locks shall be closed and locked to
prevent access, except as provided by these rules.
D. A freezer for storage of split samples
shall only be opened under the following circumstances:
a. to deposit or remove split samples;
or
b. to inventory, or check the
condition of samples.
E.
When a freezer used for storage of split samples is opened, it shall be
attended by both a representative of the Commission and the owner or trainer of
the horse, or their designee.
F. A
chain of custody log shall be maintained and shall record each time a split
sample freezer is opened to:
a. specify each
person in attendance;
b. specify
the purpose for opening the freezer;
c. identify split samples deposited or
removed;
d. specify the date and
time the freezer was opened, the time the freezer was closed; and
e. verify that both locks were secured before
and after opening the freezer.
G. The Commission shall also provide a Split
Sample Chain of Custody Verification Form. The form, including any additional
information the Official Veterinarian may require, shall be completed during
the retrieval, packaging, and shipment of the split sample, specifying:
a. the date and time the sample is removed
from the split sample freezer;
b.
the sample number;
c. the address
where the split sample is to be sent;
d. the name of the carrier and the address
where the sample is to be taken for shipment;
e. verification of retrieval of the split
sample from the freezer including packaging;
f. verification of the address of the
laboratory on the sample package;
g. verification of the condition of the
sample package immediately before transfer of custody to the carrier;
and
h. the date and time custody of
the sample is transferred to the carrier.
21. The owner, trainer, or designee shall
pack the split sample for shipment in the presence of a representative of the
Commission, in accordance with the packaging procedures recommended by the
Commission.
22. Laboratory Minimum
Standards. Laboratories conducting either primary or split post-race sample
analysis shall meet at least the following minimum standards.
A. The laboratory must be accredited by an
accrediting body designated by the Association of Racing Commissioners
International to standards set forth and required by the Commission
B. A testing laboratory shall:
a. have, or have access to, LC/MS
instrumentation for screening or confirmation purposes; and
b. be able to meet minimum standards of
detection, which are defined as the specific concentration at which a
laboratory is expected to detect the presence of a particular substance or
metabolite; or by the adoption of a regulatory threshold.
23. Postmortem Examinations.
A. The Commission may require a postmortem
examination of any horse that dies or is euthanized on association
grounds.
B. If a postmortem
examination is to be conducted, the Commission or its representative shall take
possession of the horse upon death for postmortem examination.
C. Shoes and equipment on the horse's legs
shall be left on the horse.
D. If a
postmortem examination is to be conducted, the Commission or its representative
shall collect blood, urine, bodily fluids, or other biologic specimens
immediately, if possible before euthanasia.
E. The Commission may submit blood, urine,
bodily fluids, or other biologic specimens collected during a postmortem
examination for analysis.
F. The
presence of a prohibited substance in a specimen collected during the
postmortem examination may constitute a violation.
G. Licensees shall be required to comply with
postmortem examination requirements as a condition of licensure.
H. In proceeding with a postmortem
examination, the Commission or its designee shall coordinate with the owner or
the owner's agent to determine and address any insurance
requirements.
I. The owner of the
deceased horse shall pay any charges due the Official Veterinarian or a
licensed veterinarian employed to conduct the postmortem examination.
J. If any licensed veterinarian other than
the Official Veterinarian or their designee performs a postmortem examination,
the veterinarian shall submit the record of the postmortem examination to the
Official Veterinarian within 72 hours of the examination.
