Ariz. Admin. Code § R19-2-120 - Veterinary Practices, Animal Medication, and Animal Testing
A. Veterinary
practices.
1. The state veterinarian and
stewards have authority over a veterinarian licensed by the Department and
practicing at a location under the Department's jurisdiction. The state
veterinarian shall inform the stewards or Department of a licensed veterinarian
who violates A.R.S. Title 5, Chapter 1 or this Chapter.
2. Treatment restrictions.
a. The Department shall authorize only a
veterinarian licensed under A.R.S. Title 32, Chapter 21 and by the Department
to administer a prescription or controlled medication, drug, or other
substance, including a medication, drug, or other substance administered by
injection, to a horse at a location under the Department's
jurisdiction.
b. Subsection
(A)(2)(a) does not apply to administration of the following substances if the
substances are administered in levels that do not interfere with post-race
testing:
i. A non-injectable nutritional
supplement or other substance approved by the state veterinarian;
ii. A non-injectable substance on direction
or by prescription of a licensed veterinarian; or
iii. A non-injectable, non-prescription,
substance.
c. A licensee
shall not possess a hypodermic needle, syringe, or other injectable device at a
location under the Department's jurisdiction unless the hypodermic needle,
syringe, or other injectable device has been approved by the Department. At a
location under the Department's jurisdiction, a veterinarian shall use only
one-time use, disposable, hypodermic needles and shall dispose of used needles
in a manner approved by the Department.
d. A licensee who has a medical condition
that makes it necessary for the licensee to have a hypodermic needle, syringe,
or other injectable device at a location under the Department's jurisdiction
shall make a written request for permission to the stewards or Department
before bringing the device to a location under the Department's jurisdiction.
The licensee shall attach to the written request for permission a letter from a
licensed physician explaining why it is necessary for the licensee to possess
the device and shall comply with all conditions and restriction established by
the stewards or Department.
e. A
private veterinarian employed by a horse owner shall not have contact with an
entered horse on race day before the race in which the horse is entered except
to administer furosemide according to standards established in this Section or
if the contact is approved by the state veterinarian.
f. The trainer or owner of an entered horse
shall ensure that the horse is present at a location under the Department's
jurisdiction at least five hours before post time of a race in which the horse
is entered.
g. Notwithstanding the
provisions of this Section, any veterinarian may treat a horse if an emergency
involving the life or health of the horse exists.
3. Veterinarians' records.
a. A veterinarian who treats a horse or
performs another professional service at a location under the Department's
jurisdiction or who treats a horse that is actively participating in a race
meet even if the treatment is provided at a location not under the Department's
jurisdiction, shall ensure that a treatment record is maintained on all horses
for which the veterinarian prescribes, administers, or dispenses medication or
performs other professional services. The veterinarian shall ensure that the
treatment record includes at least the following information:
i. Name of horse treated;
ii. Name of medication, drug, or substance
administered or prescribed and description of any other professional service
performed;
iii. Date and time of
treatment;
iv. Name of the horse's
trainer;
v. Other information
requested by the state veterinarian; and
vi. The treating veterinarian's
signature.
b. The
veterinarian shall ensure that treatment records are current at all times and
make the treatment records available to the stewards or Department within 24
hours after a request is made. The veterinarian shall retain the treatment
records for at least one year after the date of treatment.
c. The veterinarian shall retain a copy of
all bills or statements provided to the owner or trainer of a treated horse for
at least one year after the date of treatment and make the copies available to
the Department within 48 hours after a request is made.
B.Prohibited practices.
1. A licensee shall not possess or use a
medication, drug, or substance at a location under the Department's
jurisdiction if:
a. There is no recognized
analytical method to detect and confirm that the medication, drug, or substance
has been administered to a horse;
b. Use of the medication, drug, or substance
may:
i. Endanger the health and welfare of
the horse to which it is administered,
ii. Endanger the safety of the rider of the
horse to which it is administered, or
iii. Adversely affect the integrity of
racing; or
c. The
medication, drug, or substance has not been approved by the U.S. Food and Drug
Administration for human or animal use and the Department has not approved use
of the medication, drug, or substance.
2. A licensee shall not possess or use a
blood doping agent, including but not limited to the following, at a location
under the Department's jurisdiction:
a.
Erythropoietin,
b.
Darbepoetin,
c.
Oxyglobin®,
d.
Hemopure®,
e. ITPP,
or
f. AICAR.
3. A veterinarian who uses extracorporeal
shock wave or radial pulse wave therapy on a horse at a location under the
Department's jurisdiction shall ensure that all of the following conditions are
met:
a. The veterinarian is licensed under
A.R.S. Title 32, Chapter 21 and by the Department;
b. The veterinarian informs the Department of
the plan to use an extracorporeal shock wave or radial pulse wave therapy
machine before the machine is used at a location under the Department's
jurisdiction;
c. An extracorporeal
shock wave or radial pulse wave therapy treatment is reported to the state
veterinarian on a form prescribed by the Department no later than 24 hours
after the time of treatment; and
d.
A horse treated with extracorporeal shock wave therapy or radial pulse wave
therapy does not race for at least 10 days following treatment.
4. A licensee shall not use a
nasogastric tube that is longer than six inches to administer a medication,
drug, or other substance to a horse within 24 hours before post time of a race
in which the horse is entered without permission of the state
veterinarian.
5. A licensee shall
not participate in chemical or surgical desensitizing of the nerves of a horse
intended to be entered in a race at a location under the Department's
jurisdiction.
a. The racing secretary shall
not accept registration papers for a desensitized horse,
b. A licensee shall not enter a desensitized
horse in a race at a location under the Department's jurisdiction,
and
c. A licensee shall not race a
horse that is desensitized at the time the horse arrives at the receiving barn
or saddling paddock.
C.Drug classification and penalties.
1. If the stewards determine that a licensee
has violated this Section, the stewards shall consult the Uniform
Classification Guidelines of Foreign Substances and Recommended Penalties and
the model rule, both of which are established by the Association of Racing
Commissioners International (ARCI). After determining the classification level
of the violation, the stewards shall impose a penalty on the
licensee.
2. The stewards shall
investigate an alleged violation of this Section and determine a penalty on a
case-by-case basis. The stewards shall consider at least the following factors
when determining the penalty to impose:
a.
The disciplinary record of the licensee involving a medication, drug, or
substance;
b. The potential of the
medication, drug, or substance to influence a horse's racing
performance;
c. The legal
availability of the medication, drug, or substance;
d. Whether there is reason to believe the
responsible licensee knew of the administration of the medication, drug, or
substance or intentionally administered the medication, drug, or
substance;
e. The steps taken by
the trainer to safeguard the horse to which the medication, drug, or substance
was administered;
f. The
probability of environmental contamination or inadvertent exposure due to human
drug use;
g. The purse of the race
in which the affected horse was entered;
h. Whether the medication, drug, or substance
found was one for which the horse was receiving a treatment as disclosed to the
Department;
i. Whether there was a
suspicious betting pattern in the race in which the affected horse was entered;
and
j. Whether the licensed trainer
was acting under the advice of a licensed veterinarian.
3. In making a penalty decision under this
subsection, the stewards shall distinguish between a medication, drug, or
substance that is routinely used to treat a horse and a medication, drug, or
substance for which there is no reason that the medication, drug, or substance
should be found in any concentration in a test sample taken from a horse on
race day.
4. If a licensed
veterinarian administers or prescribes a medication, drug, or substance that is
not listed in materials identified in subsection (C)(1), the licensed
veterinarian shall timely forward the identity of the medication, drug, or
substance to the ARCI Drug Testing Standards and Practices Committee or the
Racing Medication and Testing Consortium for classification.
5. The Department shall classify a
medication, drug, or substance or a metabolite of the medication, drug, or
substance found in a pre- or post-race sample that is not classified in the
materials identified in subsection (C)(1) as ARCI Class 1 and impose a penalty
commensurate with the Class 1 classification on the trainer or owner of the
horse from which the sample was taken unless the trainer or owner provides
information from the ARCI Drug Testing Standards and Practices Committee or the
Racing Medication and Testing Consortium that a different classification is
applicable.
6. The Department shall
provide written notice of a hearing to a licensee alleged to be involved in a
violation of this Section. The Department shall provide an opportunity for the
licensee to attend the hearing and written notice of the Department's
order.
7. In addition to a penalty
issued by the stewards or the Department, the Department shall refer a
veterinarian found to be involved in the administration of a medication, drug,
or substance carrying a category "A" penalty, as specified in the materials
identified in subsection (C)(a), to the Veterinary Medical Examining Board for
consideration of further disciplinary action.
8. If the stewards or Department believe a
licensee may have committed an act that violates state criminal law, the
Department shall make a referral to an appropriate law enforcement agency.
Administrative action taken by the stewards or Department does not prohibit
criminal prosecution. Criminal prosecution does not prohibit administrative
action by the stewards or Department.
9. If the license of a trainer is suspended,
the suspended trainer shall not benefit financially during the period of
suspension by transferring the custody, care, and control of a horse to another
person. The Department shall approve all transfers of the custody, care, and
control of a horse from one person to another.
D.Prohibited medications.
1. If the official laboratory finds a
prohibited medication, drug, or other substance in a sample from a horse, the
Department shall view this as prima facie evidence that the prohibited
medication, drug, or other substance was administered to the horse. If a
prohibited medication, drug, or other substance is found in a sample from a
horse after the horse has raced, the Department shall conclude that the
prohibited medication, drug, or substance was present in the horse's body while
the horse participated in the race.
2. The following medications, drugs, and
substances are prohibited:
a. A medication or
drug for which no acceptable threshold concentration has been
established,
b. A therapeutic
medication in excess of the established threshold concentration,
c. A substance present in a horse in excess
of the concentration at which the substance could occur naturally,
and
d. A substance foreign to a
horse present at a concentration that could interfere with testing
procedures.
3. Except as
otherwise provided in this Chapter, a licensee shall not administer or cause to
be administered to a horse a prohibited medication, drug, or other substance
during the 24 hours before post time for a race in which the horse is
entered.
E.Medical
labeling.
1. Except as provided in subsection
(E)(2), a licensee at a location under the Department's jurisdiction shall not
have in the licensee's personal property, including a vehicle, or under the
licensee's care, custody, or control, a medication, drug, or other substance
that is prohibited in a horse on a race day unless the medication, drug, or
other substance is prescribed and labeled as specified in subsection
(E)(3).
2. Subsection (E)(1) does
not apply to a veterinarian licensed under A.R.S. Title 32, Chapter 21 and this
Chapter.
3. A licensed veterinarian
shall ensure that a prescription is issued for a medication, drug, or other
substance that is used or kept at a location under the Department's
jurisdiction if federal or state law requires a prescription for the
medication, drug, or other substance. The licensed veterinarian shall ensure
that the medication, drug, or other substance has a securely attached
prescription label containing the following information:
a. Name of the medication, drug, or other
substance;
b. Name, address, and
telephone number of the veterinarian prescribing or dispensing the medication,
drug, or other substance;
c. Name
of the horse for which the medication, drug, or other substance is
prescribed;
d. Dose, dosage,
duration of treatment, and expiration date of the prescribed medication, drug,
or other substance; and
e. Name of
the licensee to whom the medication, drug, or other substance is
dispensed.
F.Non-steroidal anti-inflammatory drugs
(NSAIDs).
1. A licensee who determines it is
necessary to administer a NSAID to a horse, shall ensure that only the
following NSAIDs are used:
a.
Phenylbutazone,
b. Flunixin,
or
c. Ketoprofen.
2. A licensee who administers one
of the NSAIDs listed in subsection (F)(1) to a horse shall ensure that:
a. The administration occurs at least 24
hours before the post time for a race in which the horse is entered;
and
b. The serum or plasma
threshold concentration of the NSAID does not exceed the following, which is
consistent with administration of a single intravenous injection:
i. Phenylbutazone - 5 micrograms per
milliliter;
ii. Flunixin - 20
nanograms per milliliter; and
iii.
Ketoprofen - 10 nanograms per milliliter.
3. A licensee shall ensure that
administration of more than one of the NSAIDs listed in subsection (F)(1) to a
horse is discontinued at least 48 hours before the post time for a race in
which the horse is entered.
4. A
licensee shall not administer a NSAID to a horse within 24 hours before post
time for a race in which the horse is entered.
5. The Department shall subject a horse to
which a NSAID has been administered to post-race blood or urine sampling
supervised by the state veterinarian. The Department shall ensure that the
samples are tested to determine the quantitative NSAID level and whether other
medications, drugs, or substances are present. The Department shall take
disciplinary action against the horse's trainer if the test results show:
a. The presence of more than one of the
NSAIDs listed in subsection (F)(1) unless the second NSAID is Phenylbu-tazone
in a concentration of less than .5 micrograms per milliliter of serum or plasma
or Flunixin in a concentration of less than 5 nanograms per milliliter of serum
or plasma; or
b. A NSAID not listed
in subsection (F)(1).
G.Furosemide.
1. Unless the state veterinarian instructs
otherwise, a licensee shall administer furosemide intravenously to an entered
horse only after the state veterinarian places the horse on the Furosemide
List.
2. The following procedure
applies to place a horse on or take a horse off the Furosemide List:
a. If the horse's trainer and veterinarian
determine that it is in the horse's best interest to race with furosemide, the
trainer and veterinarian shall notify the state veterinarian or designee, using
a form prescribed by the Department, and request that the horse be placed on
the Furosemide List;
b. The horse's
trainer and veterinarian shall ensure that the state veterinarian or designee
receives the notice required under subsection (G)(2)(a) no later than the time
for entering the horse in a race;
c. After a horse is placed on the Furosemide
List, the horse shall remain on the list until the horse's trainer and
veterinarian submit a written request for removal to the state veterinarian,
using a form prescribed by the Department. The horse's trainer and veterinarian
shall ensure that the required request for removal is submitted no later than
the time for entering the horse in a race;
d. After a horse is removed from the
Furosemide List, the state veterinarian shall not allow the horse to be placed
on the Furosemide List for 60 days unless the state veterinarian determines
that failure to put the horse on the Furo-semide List is detrimental to the
welfare of the horse;
e. If a horse
is removed from the Furosemide List a second time in 365 days, the state
veterinarian shall not allow the horse to be placed on the Furosemide List for
90 days; and
f. The state
veterinarian shall ensure that the provisions in subsections (G)(2)(d) and (e)
are not applied to a horse that was mandated by the conditions of entry to race
without furosemide in the horse's previous race. The horse may be placed on the
Furosemide List, at the election of the horse's trainer or veterinarian, by
following the procedures in subsections (G)(2)(a) and (b).
3. On request by the Department, a
veterinarian who administers furosemide to a horse shall surrender the syringe
used in the administration for testing.
4. A veterinarian shall administer furosemide
to a horse only at a location under the Department's jurisdiction.
5. If a location under the Department's
jurisdiction is used for administration of furosemide, the trainer or
veterinarian of a horse to which furosemide is to be administered shall ensure
that the following conditions are met:
a. The
horse is on the Furosemide List;
b.
The horse is brought to the detention barn at least four hours before post time
of a race in which the horse is entered;
c. The furosemide is administered no fewer
than four hours before post time of a race in which the horse is
entered;
d. The dose of furosemide
administered is between 150 mg. and 500 mg.;
e. The dose of furosemide is administered by
a single, intravenous injection; and
f. After the furosemide is administered, the
horse remains in the detention barn in the care, custody, and control of the
horse's trainer and under Department supervision until called to the saddling
paddock.
6. After
furosemide is administered, the trainer or veterinarian of the treated horse
shall deliver the following information to the state veterinarian, at least
three hours before post time for a race in which the horse is entered, under
oath and on a form prescribed by the Department:
a. Name of the horse to which furosemide was
administered,
b. Name of the track
at which the horse is entered to race,
c. Date and time the furosemide was
administered,
d. Dosage of
furosemide administered,
e. Side of
the horse in which the furosemide was administered, and
f. Printed name and signature of the
veterinarian who administered the furosemide.
7. The state veterinarian shall ensure that a
post-race urine, serum, or plasma sample from a horse is tested to determine
the concentration of furosemide in the horse. If a horse was scheduled to race
with furosemide, the post-race testing shall show:
a. A specific gravity of urine of 1.010 or
greater, or
b. A concentration of
no more than 100 nanograms of furosemide per milliliter of serum or plasma.
H. Bleeder
list.
1. The state veterinarian or designee
shall maintain a Bleeder List of all horses, regardless of age, for which the
state veterinarian or designee observes external evidence of exercise-induced
pulmonary hemorrhage from one or both nostrils during or after a race or
workout.
2. A horse placed on the
Bleeder List shall be ineligible to race for the following periods:
a. First incident - 10 days;
b. Second incident within a 365-day period -
60 days;
c. Third incident within a
365-day period - 180 days; and
d.
Fourth incident within a 365-day period - lifetime bar from racing.
3. For the purpose of counting the
number of days a horse is ineligible to run, the day the veterinarian witnessed
the horse bleed externally is the first day of the required recovery
period.
4. The state veterinarian
or designee shall not place a horse on the Bleeder List if furosemide is
voluntarily administered to the horse under subsection (G) without an external
bleeding incident.
5. The
Department shall authorize only the state veterinarian to remove a horse from
the Bleeder List. To remove a horse from the Bleeder List, the state
veterinarian shall certify the recommendation for removal in writing to the
stewards.
6. The state veterinarian
or designee shall place a horse on the Bleeder List if the horse has been
placed on a Bleeder List in another jurisdiction.
I.Anti-ulcer medications. A veterinarian who
determines it is necessary to administer an anti-ulcer medication to a horse
shall administer one of the following anti-ulcer medications, at the stated
dosage, no less than 24 hours before post time for a race in which the horse is
entered:
1. Cimetidine (Tagamet
®) - 8 to 20 mg/kg PO
BID-TID;
2. Omeprazole
(Gastrogard®) - 2.2 Grams PO SID; or
3. Ranitidine
(Zantac®) - 8 mg/kg PO BID.
J.Environmental contaminants and substances
of human use.
1. The Department shall take
disciplinary action against a trainer responsible for a horse that has more
than 100 nano-grams of caffeine in a milliliter of serum or plasma at the time
of a pre- or post-race test.
2. If
a preponderance of the evidence presented during a hearing shows that a
positive test conducted on a horse results from environmental contamination or
inadvertent exposure to human use of a medication, drug, or other substance,
the Department shall consider the evidence as a mitigating factor in
determining the disciplinary action to take against the affected
trainer.
K.Androgenic-anabolic steroids (AAS).
1. The Department shall take disciplinary
action against a trainer responsible for a horse if a urine test conducted on
the horse shows:
a. The presence of an AAS
other than those listed in subsection (K)(2), or
b. A concentration of an AAS listed in
subsection (K)(2) greater than the threshold concentration listed in subsection
(K)(2).
2. The
Department shall permit the presence of the following AAS at a concentration at
or less than the indicated threshold in the urine of a horse:
a. 16 [BETA]-hydroxystanozolol (metabolite of
stanozolol (Winstrol) in all horses regardless of sex - 1 ng/ml in urine or 100
pg/ml in serum or plasma;
b.
Boldenone (Equipoise® is the undecylenate ester of boldenone) in:
i. Male horses other than geldings - 15 ng/ml
in urine or 100 pg/ml in serum or plasma; and
ii. Geldings and female horses - 100 pg/ml in
serum or plasma;
c.
Nandrolone (Durabolin® is the phenylproprionate ester and
Deca-Durabolin® is the decanoate ester) in:
i. Geldings, fillies, and mares - 1 ng/ml in
urine or 100 pg/ml in serum or plasma; and
ii. Intact males -- 500 pg/ml in serum or
plasma; and
d.
Testosterone in:
i. Geldings - 20 ng/ml in
urine;
ii. Fillies and mares - 55
ng/ml in urine or 100 pg/ml in serum or plasma; and
iii. Intact males - 2,000 pg/ml in serum or
plasma.
3.
The state veterinarian shall ensure that a urine sample is identified with the
sex of the horse from which the urine sample was obtained before the urine
sample is forwarded to the official laboratory for testing.
4. The state veterinarian shall place a horse
to which an AAS has been administered to assist in recovery from illness or
injury on the Veterinarian's List to allow concentration of the AAS or
metabolite in the horse's urine to be monitored. The state veterinarian may
remove the horse from the Veterinarian's List when the concentration of the AAS
or metabolite in urine is less than the threshold indicated in subsection
(K)(2).
L.TCO2 testing and
procedures
1. A steward or Department
veterinarian may order that a blood sample be collected from a horse before or
after a race to determine the TCO2 concentration in the
serum or plasma of the horse. If it is determined that testing for
TCO2 concentration is necessary, the state veterinarian
shall ensure that the following procedure is used:
a. The state veterinarian shall ensure that
at least two tubes of blood are obtained from the horse for
TCO2 testing;
b. If the owner or trainer of a horse to be
tested for TCO2 concentration wishes to have split
sample testing performed, the owner or trainer shall request the split sample
testing before the sample is collected;
c. The owner or trainer of a horse to be
tested for TCO2 concentration who requests split sample
testing shall pay all costs related to obtaining, handling, shipping and
analyzing the split;
d. If the
official laboratory determines that the concentration of
TCO2 in the blood of a horse exceeds 37 millimoles per
liter, the official laboratory shall inform the Department immediately of the
positive finding; and
e. If the
Department, in its discretion, determines the split sample cannot be tested
within five days after the sample is collected, the determination of
TCO2 concentration made by the official laboratory is
final.
2. The stewards
shall declare a horse ineligible to race if the owner, trainer, or other person
responsible for the horse refuses or fails to permit a blood sample to be
collected from the horse.
3. If the
result obtained by the official laboratory shows that a horse has a
concentration of TCO2 greater than 37 milli-moles per
liter and the owner or trainer of the horse certifies in writing to the
stewards within 24 hours after receiving notice of the test result that the
concentration is normal for the horse, the owner or trainer may request that
the horse be held in quarantine. If quarantine is requested, the permittee
shall make guarded quarantine available for the horse for a period up to 72
hours as determined by the stewards.
a. The
owner or trainer of the horse shall pay all expenses associated with
maintaining the quarantine;
b.
During quarantine, the state veterinarian shall ensure that the horse's
TCO2 concentration is re-tested;
c. The stewards shall not allow the horse to
race during the quarantine period but may allow the horse to be exercised and
trained at times and in a manner that allows monitoring of the horse by the
Department;
d. The stewards shall
ensure that the horse is fed only hay, oats, and water during the quarantine
period; and
e. If the state
veterinarian is satisfied that the horse's TCO2
concentration, as registered in the original test, is physiologically normal
for the horse, the stewards shall:
i. Permit
the horse to race; or
ii. Require
that the quarantine procedure in this subsection be repeated to verify that the
horse's TCO2 concentration is physiologically
normal.
M.Blood- and gene-doping agents.
1. The Department may subject a horse at a
location under the Department's jurisdiction or under the care or control of a
licensee to testing for blood- and gene-doping agents.
2. The state veterinarian is authorized to:
a. Take a urine, blood, or hair sample from a
horse to test for blood- and gene-doping agents;
b. Select a horse for testing at random or
with probable cause; and
c. Conduct
the sampling at any time without advance notice.
3. The Department shall take disciplinary
action against a licensee responsible for a horse if the results of a test
conducted on a sample obtained under subsection (M)(2) shows the presence of:
a. Blood-doping agents including, but not
limited to, Erthropoietin (EPO), Darbepoetin, Oxyglobin, Hemopure, Aransep, or
any substance that abnormally enhances oxygenation of body tissues;
or
b. Gene-doping agents or the
non-therapeutic use of genes, genetic elements, or cells that have the capacity
to enhance athletic performance or produce analgesia.
4. Subsection (M)(3) does not apply to a
therapeutic medication that has been approved by the U.S. Food and Drug
Administration for use in a horse.
5. A licensee at a location under the
Department's jurisdiction shall cooperate with a veterinarian acting under
subsection (M)(2) by:
a. Assisting to locate
and identify a horse selected for testing,
b. Providing a stall or other safe location
at which samples can be collected, and
c. Assisting the veterinarian to procure a
sample properly.
6. A
veterinarian who obtains a sample under subsection (M)(2) shall split the
sample as described in subsection (N).
N.Testing.
1. Reporting to the test barn.
a. The trainer of an official winning horse,
or a designee of the trainer, shall take the horse to the test barn immediately
after the race to have blood and urine samples taken.
b. The Department or stewards shall order
random or extra testing of any horse at a location under the Department's
jurisdiction if the Department or stewards determine that the testing is in the
best interest of racing. The trainer of a horse ordered to testing, or a
designee of the trainer, shall take the horse directly, or at a time designated
by the stewards or state veterinarian, to the test barn to have blood and urine
samples taken.
c. A track security
guard shall monitor access to the test-barn area during and immediately after
each race. A person who wishes to enter the test-barn area shall:
i. Be at least 18 years old,
ii. Be currently licensed by the
Department,
iii. Display an
identification badge issued by the Department, and
iv. Have a reason to be in the test-barn area
that the track security guard determines is legitimate.
2. Sample collection.
a. The state veterinarian or designee shall
take blood and urine samples from a horse.
b. The state veterinarian shall ensure that
blood samples are taken at a consistent time, preferably within one hour after
a race.
c. The state veterinarian
shall determine the minimum sample required for testing by the official
laboratory:
i. If the sample obtained is less
than the minimum required, the state veterinarian shall send the entire sample
to the official laboratory;
ii. If
the sample obtained is more than the minimum required but less than twice the
minimum required, the state veterinarian shall secure the portion of the sample
that is greater than the minimum required as a split sample; and
iii. If the sample obtained is more than
twice the minimum required, the state veterinarian shall secure a portion of
the sample equal to the minimum required as a split sample.
3. Storage and shipment
of split samples.
a. The state veterinarian
shall secure a split sample obtained under subsection (N)(2)(c) and make the
split sample available for testing.
b. To secure a split sample, the state
veterinarian shall:
i. Maintain the split
sample in the test barn in the same manner as the portion of the sample from
which it is split;
ii. Transfer the
split sample to a freezer at a secure location approved by the Department when
the portion of the sample from which it is split is packaged and shipped to the
official laboratory;
iii. Ensure
that the split-sample freezer is closed and locked except when depositing or
removing a split sample, conducting inventory of split samples, or checking the
condition of split samples;
iv.
Maintain a log that specifies the following information for each time the
split-sample freezer is opened: name of each person present; purpose of opening
the freezer; identification of the split sample deposited or removed; date and
time the freezer is opened; time the freezer is closed; and verification that
both locks were secure before and after opening the freezer; and
v. Document in the log and report immediately
to the Department any evidence that the split-sample freezer malfunctioned or
split samples are not frozen.
c. If the official laboratory determines that
a sample submitted under this subsection tests positive for a foreign
substance, the trainer or owner of the horse from which the sample was obtained
may, within 72 hours, deliver a written request to the stewards that the sample
split from the sample for which the positive result was obtained be sent for
testing by a Department-approved laboratory selected by the trainer or owner.
The trainer or owner who requests that a split sample be tested shall:
i. Witness the split sample being removed
from the split-sample freezer, packed for shipping, and transferred to the
carrier charged with delivery of the package;
ii. Be allowed to inspect the package
containing the split sample to verify that the package has not been tampered
with before transfer to the carrier charged with delivery of the package and is
correctly addressed to the Department-approved laboratory selected by the
trainer or owner;
iii. Sign a form
provided by the Department verifying that the rights described under
subsections (N)(3)(c)(i) and (ii) have been provided; and
iv. Pay for shipping and testing the split
sample.
d. A trainer or
owner who fails to appear at the time and place designated by the state
veterinarian to witness a split sample being removed from the split-sample
freezer, packed for shipping, and transferred to a delivery carrier waives the
right to split-sample testing.
e.
The state veterinarian shall ensure that a split sample is packed and shipped
for testing to a Department-approved laboratory within 72 hours after a written
request for split-sample testing is delivered to the stewards under subsection
(N)(3)(c).
f. When preparing a
split sample for shipment, the state veterinarian shall ensure that:
i. The split sample is removed from the
split-sample freezer and packed for shipping in the presence of the trainer or
owner of the horse from which the sample was obtained;
ii. The split sample is packed for shipping
in a safe and secure manner;
iii.
The exterior of the package containing the split sample is secured in a manner
designed to prevent tampering; and
iv. The package containing the split sample
is transported to the location where custody is transferred to the carrier
charged with delivering the package to the Department-approved laboratory
selected by the trainer or owner.
g. During the process of retrieving, packing,
and shipping a split sample, the state veterinarian shall prepare a
chain-of-custody verification form containing the following information:
i. Date and time the split sample is removed
from the split-sample freezer,
ii.
Number of the split sample,
iii.
Address of the Department-approved laboratory selected by the trainer or owner
of the horse from which the split sample was obtained,
iv. Name of the carrier charged with
delivering the package,
v. Address
at which custody of the package is transferred to the carrier charged with
delivering the package, and
vi.
Date and time that custody of the package is transferred from the Department to
the carrier charged with delivering the package.
h. The state veterinarian shall ensure that
both the state veterinarian and the trainer or owner of the horse from which
the split sample was obtained sign the chain-of-custody verification form
indicating that:
i. The correct split sample
was removed from the split-sample freezer,
ii. The split sample was packed in accordance
with subsection (N)(3)(f)(ii),
iii.
The package containing the split sample was correctly addressed to the
Department-approved laboratory selected by the trainer or owner, and
iv. There is no evidence of tampering on the
package containing the split sample.
i. The state veterinarian shall keep the
original of the chain-of-custody verification form and provide a copy to the
trainer or owner of the horse from which the split sample was
obtained.
4. Frozen
samples. As specified in the Department's contract with the official
laboratory, the Department has authority to require the official laboratory to
retain and preserve by freezing the left-over portion of a sample submitted for
testing.
5. Laboratory minimum
standards. The official laboratory and any Department-approved laboratory that
conducts primary or split-sample testing shall meet the following minimum
standards:
a. General adherence to the
requirements for competence of testing and calibration specified by the
International Organization for Standardization;
b. Have or have access to liquid
chromatograph and mass spectrometer instruments for screening and confirmation
purposes; and
c. Be able to detect
medications, drugs, and other substances at the specific concentration or
regulatory threshold established.
O.Trainer responsibilities.
1. The trainer of a horse at a location under
the Department's jurisdiction shall:
a.
Ensure that if the horse entered in an official workout, the horse is in
physical condition for the workout;
b. Ensure that if the horse is entered in a
race, the horse is in physical condition to perform creditably at the distance
entered;
c. Prevent administration
to the horse of a prohibited medication, drug, or other foreign
substance;
d. Prevent
administration to the horse of a permitted medication, drug, or other foreign
substance in excess of the maximum allowable concentration;
e. Maintain knowledge of the medications,
drugs, or other substances administered to the horse;
f. Report immediately to the stewards and
state veterinarian knowledge of or reason to believe a prohibited medication,
drug, or other foreign substance has been administered or a permitted
medication, drug, or other foreign substance has been administered in excess of
the maximum allowable concentration;
g. Maintain an assigned stable area in a
clean, neat, and sanitary condition at all times;
h. Use the services of only a veterinarian
licensed by the Department while at a location under the Department's
jurisdiction;
i. Ensure the proper
identity, custody, care, health, and safety of the horse;
j. Ensure that the horse has a valid health
certificate and a negative Equine Infectious Anemia test certificate on file
with the racing secretary;
k.
Report no later than the time of entry to the horse identifier and racing
secretary if the horse is gelded;
l. Report immediately to the state
veterinarian when the horse has a reportable disease or unusual incidence of a
communicable illness;
m. Report
immediately to the stewards and state veterinarian when the horse has a serious
injury or dies;
n. Comply with the
provisions in subsection (R) governing postmortem examination;
o. Ensure that an entered horse is present at
the horse's assigned stall for the pre-race inspection prescribed under
subsection (P);
p. Ensure that the
horse has proper bandages, equipment, and shoes;
q. Be present in the paddock at least 17
minutes before post time of a race for which the horse is entered or another
time designated by the stewards;
r.
Supervise saddling the horse in the paddock unless excused by the
stewards;
s. Attend, or ensure that
the owner or a licensed employee of the owner attend, collection of a blood or
urine sample from the horse; and
t.
Report no later than the time of entry to the state veterinarian and racing
secretary that a mare is in foal.
2. If the official laboratory reports that a
horse tests positive for a prohibited medication, drug, or other foreign
substance or for a permitted medication, drug, or other substance in excess of
the maximum allowable concentration, the Department shall view the positive
test as prima facie evidence that the trainer of the horse violated subsection
(O)(1).
3. A trainer whose horse
has been claimed shall comply with all provisions of subsection (O)(1) until
after the race in which the horse was claimed.
P.Physical inspection of horses.
1. A horse entered in a race at a location
under the Department's jurisdiction is subject to inspection by a veterinarian
before the race.
2. A pre-race
inspection of an entered horse shall be conducted by the track
veterinarian.
3. The trainer of an
entered horse or a representative of the trainer shall present the horse for
pre-race inspection as required by the track veterinarian. The trainer shall
ensure that when the horse is presented for pre-race inspection:
a. All bandages are removed,
b. The horses' legs are clean,
c. The horse has not been placed in ice
before the inspection, and
d. No
device or substance that might impede veterinary clinical assessment is applied
to the horse.
4. The
track veterinarian shall ensure that a pre-race inspection of an entered horse
includes the following:
a. Proper
identification of the horse inspected;
b. Observation of the horse in
motion;
c. Manual palpation and
passive flexion of both forelimbs;
d. Visual inspection of the entire horse and
assessment of overall condition;
e.
Observation of the horse in the paddock and saddling area, during the parade to
post, and at the starting gate; and
f. Any other inspection the state
veterinarian deems necessary.
5. The track veterinarian shall maintain and
regularly update a health and racing soundness record of each horse
inspected.
6. The trainer or owner
of a horse at a location under the Department's jurisdiction shall allow the
state or track veterinarian to have access to the horse regardless of whether
the horse is entered in a race.
7.
If the state or track veterinarian determines that a horse is unfit for
competition or is unable to determine the horse's racing soundness, the state
veterinarian shall recommend to the stewards that the horse be scratched from a
race in which the horse is entered.
8. If a horse is scratched from a race based
on the recommendation of the state or track veterinarian, the veterinarian
shall ensure that the horse is placed on the Veterinarian's List described in
subsection (Q).
Q.Veterinarian's List.
1. The track veterinarian shall maintain the
Veterinarian's List of all horses determined to be unfit to compete in a race
due to illness, physical distress, unsoundness, infirmity, or other medical
condition.
2. The trainer of a
horse on the Veterinarian's List shall not enter the horse in a race unless
approved the track and Department veterinarians.
3. The trainer of a horse on the
Veterinarian's List shall not enter the horse in a race until the horse has
been on the Veterinarian's List at least 72 hours.
4. The track veterinarian shall ensure that a
horse is removed from the Veterinarian's List only when the track veterinarian
determines the condition that caused the horse to be placed on the
Veterinarian's List is resolved and the horse has been returned to racing
soundness.
5. The trainer or owner
of a horse on the Veterinarian's List shall comply with all provisions of this
Chapter including testing.
R.Postmortem Examination.
1. The trainer or owner of a horse that dies
or is euthanized at a location under the Department's jurisdiction shall submit
the horse for a postmortem examination if requested by the
Department.
2. If required under
subsection (R)(1) to submit a horse to the Department for postmortem
examination, the trainer or owner of the horse shall ensure that all shoes and
equipment are left on the horse's legs.
3. If an analysis of blood, urine, bodily
fluids, or other biologic specimens collected during a postmortem examination
shows the presence of a prohibited medication, drug, or other substance or a
permitted medication, drug, or other substance in excess of the maximum
allowable concentration in the horse's body, the Department shall take
disciplinary action allowed under A.R.S. Title 5, Chapter 1 and this Chapter
against the trainer or owner of the horse.
4. In proceeding with a postmortem
examination of a horse, the Department shall coordinate with the horse's owner
to determine and address any insurance requirements.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.