Authority: IC 4-31-3-9
Affected: IC 4-31-12
Sec. 5.
(a) A horse
eligible to race in Indiana under this subsection is subject to testing without
advance notice for prohibited substances, practices, and procedures, as
specified in subsection (f), while the horse is located on the grounds of a
racetrack under the jurisdiction of the commission, or stabled off association
grounds while under the care or control of the trainer or owner licensed by the
commission under the restrictions listed in subsection (e). A horse is eligible
to race in Indiana if it is listed:
(1) on an
owner's or a trainer's license application;
(2) on a stall application or nomination
list; or
(3) on the horse sign-in
sheet at any time during the meet;
or has raced at any Indiana race meet during the preceding
three hundred sixty-five (365) days. A horse is presumed eligible if it is a
racing breed, at least two (2) years old, and an Indiana bred or sired horse.
The owner of an Indiana bred or sired horse may render the horse ineligible for
the testing as described in this rule by indicating in writing the Indiana bred
or sired horse is not intended to race in Indiana under subsection (b), if the
owner of the Indiana bred or sired horse provides written notice to the office
of the commission thirty (30) days before the horse turns two (2) years old, or
within thirty (30) days after the owner acquires the horse. In this event, the
horse is considered ineligible for racing in Indiana, as provided for in
subsection (b).
(b) If a horse to be tested is not covered
under subsection (a), the executive director or judges may still test the horse
as eligible to race in Indiana for prohibited substances, practices, and
procedures specified in subsection (f), unless the owner, trainer, or other
authorized representative or designee of the horse immediately represents in
writing that the horse is not intended to be, and will not be, raced in Indiana
for at least three hundred sixty-five (365) days. If the owner, trainer, or
other authorized representative or designee so represents, the horse is
considered ineligible for racing in Indiana for not less than three hundred
sixty-five (365) days after that date. This three hundred sixty-five (365) day
ineligibility to race in Indiana must follow the horse even if sold or
transferred to another owner or trainer. An owner or a trainer may, however,
consent to the collection of a sample from a horse selected for testing under
this rule, even if the horse is not presently intended to be raced in Indiana,
and if the horse tests negative, it will remain eligible to race in
Indiana.
(c) The executive director
or judges may order any horse of a licensed trainer or owner to report to a
track under the jurisdiction of the commission for out of competition testing.
The trainer or owner is responsible to have the horse or horses available at
the designated time and location. If a horse is ordered to report to a track
under the authority granted by this subsection, a licensed trainer or owner is
entitled to reimbursement by the commission for mileage, at the current rate
paid by the state of Indiana, as specified in the current Indiana financial
management circular, to and from the location where the horse was stabled when
the horse was ordered to report to the track. Under no circumstances will a
trainer or an owner be entitled to reimbursement for mileage exceeding the
actual mileage to the track from the place where the horse was stabled when
ordered to report, and from the track to the place where the horse is first
stabled after the testing. The trainer or owner is not entitled to receive
reimbursement from the commission for any other expense relating to an order
under this subsection to report to a track for out of competition
testing.
(d) The following
individuals may take a urine, blood, or hair sample from a horse for testing
under this section:
(1) The official
veterinarian.
(2) A licensed
veterinarian authorized by the commission.
(3) A veterinary technician under the direct
supervision of the official veterinarian or a licensed veterinarian authorized
by the commission.
(e)
Unless sample collection occurs on the grounds of a racetrack or other location
in Indiana under the commission's jurisdiction, the commission's
representatives may arrive at a reasonable time for the taking of blood, urine,
or hair samples from an eligible horse, as described in subsection (a) or (b),
after announcing their presence at the premises where the horse or horses to be
tested are located and showing their credentials to collect samples from the
horse or horses selected for testing for prohibited substances, practices, and
procedures as specified in subsection (f). The commission's representatives or
designees will request to meet with the trainer or owner of the selected horse
or horses. If neither is available, the collection will be deferred until the
trainer or owner, or both, or their representative or designee, becomes
reasonably available, but the collection must occur not later than:
(1) one (1) hour after the commission's
designee arrives at the premises for an eligible horse under subsection (a);
and
(2) not later than two (2)
hours for an eligible horse under subsection (b).
If the collection does not occur within the time provided for
in this subsection, a horse that would have been subject to testing and
eligible to race in Indiana is considered to be ineligible for racing in
Indiana under the provisions of subsections (a) and (b). In addition, the owner
or a trainer, or both, of the horses may be subject to any other sanctions
allowed by Indiana law and regulations, including a fine, suspension, or
summary suspension. It is a defense to any action brought against an owner or a
trainer, or both, for sanctions or as a result of any declaration a horse is
ineligible because the sample collection did not occur during the time provided
for by this subsection that good cause existed that prohibited the owner or
trainer, or their representative or designee, from complying with the time
limits set forth in this subsection. The owner or trainer, or their
representative or designee, has the burden of proving the good cause defense by
a preponderance of the evidence.
(f) Prohibited substances, practices,
methods, and procedures are defined as the following:
(1) Blood doping agents, including
erythropoietin (EPO), darbepoetin, Oxyglobin, Hemopure, Aranesp, or any
substance that abnormally enhances the oxygenation of body tissues.
(2) Gene doping agents or the nontherapeutic
use of genes, genetic elements, or cells, or all, that have the capacity to
enhance athletic performance or produce analgesia.
(3) Naturally produced venoms, synthetic
analogues of venoms, derivatives of venoms, or synthetic analogues of
derivatives of venoms.
(4)
Substances capable of producing a repartitioning effect that are not FDA
approved for use in horses, including ractopamine, zilpaterol, or any similar
agent.
(5) Androgenic-anabolic
steroids (AAS), other than endogenous concentrations of the naturally occurring
substances as defined in
71 IAC 8-1-8 or AAS in a horse
placed on the veterinarian's list under
71 IAC 8-1-8 (f).
(6) Cobalt exceeding the threshold provided
in
71 IAC 8-1-9. If a sample from a
horse results in cobalt exceeding the threshold, the horse shall be placed on
the veterinarian's list until the concentration of cobalt in serum has fallen
below the designated threshold, or until the conclusion of the race meet.
However, horses testing at a concentration of one hundred (100) parts per
billion shall be placed on the veterinarian's list for at least thirty (30)
days.
(7) A substance or a method
not otherwise referenced in this rule, which is present in the ARCI Model Rules
of Racing Version 13.0.
(8) The
presence of a substance at any time listed in subdivision (1), (2), (3), (4),
(5), or (7) in an eligible horse, as defined in subsections (a) and (b), is
prohibited and is a violation of this rule.
(9) The use of a prohibited method, as
defined in ARCI Model Rules of Racing, on an eligible horse, as defined in
subsections (a) and (b), is prohibited and is a violation of this
rule.
(g) The trainer or
owner or their designees shall cooperate with the official veterinarian or any
licensed veterinarian or licensed veterinary technician authorized by the
commission or any commission employee by:
(1)
assisting in the immediate location and identification of the eligible horse
selected for out of competition testing; and
(2) providing a stall or safe location to
collect the samples.
The executive director or judges may summarily suspend,
exclude, or otherwise penalize any trainer or other authorized representative
or designee who does not fully cooperate with a commission employee or
representative in assisting and identifying an eligible horse or providing a
safe stall to collect samples in a timely fashion. If any such person is
summarily suspended, excluded, or otherwise penalized, they shall be entitled
to a hearing in accordance with Indiana law and regulations. A summary
suspension, exclusion, or sanctions for failure to cooperate shall not issue,
however, if a horseman meets their burden to establish the good cause defense
set forth under subsection (e). This provision does not apply to an owner or a
trainer who timely provides written notice under subsection (a) or (b) that a
horse sought to be tested is not intended to be raced in Indiana and thereby
renders the horse ineligible pursuant to subsection
(b).
(h) The
collection of blood or urine samples under this rule shall be collected as
provided by
71 IAC 8-4-1 and shall be analyzed
as follows:
(1) Approved primary laboratory
for screening.
(2) Approved primary
laboratory for confirmation.
(3)
Approved laboratory for split sample testing as chosen by the owner or trainer.
The commission shall approve the laboratories for screening,
confirmation, and split sample testing.
(i) The collection of hair samples under this
rule shall be collected as provided by
71 IAC 8-4-1 and shall be analyzed
as follows:
(1) Approved primary laboratory
for screening.
(2) Approved primary
laboratory for confirmation.
The commission shall approve the primary laboratories for
screening and confirmation. A hair sample shall be ineligible for split sample
testing.
(j) The
licensed trainer of the horse is responsible for the condition of the horse
sampled for an out of competition test while on the grounds of a licensed
training facility or racetrack as follows:
(1)
If the horse is sampled while not on the grounds of a licensed facility or
racetrack, then the licensed owner shall be presumed to be the responsible
person unless the owner can establish by substantial evidence that another
licensed person had accepted the responsibility for the care, custody, and
control of the horse, making such person the responsible person.
(2) If a horse sampled for an out of
competition test was claimed, sold, or otherwise transferred during the time
the substance giving rise to the positive test may have been administered, then
the commission shall investigate to determine, by a preponderance of the
evidence, the identity of the responsible person at the time such substance may
have been administered.
(3) If the
commission cannot determine a responsible person, then the commission may deem
the owner responsible and place the horse on the veterinarian's list for such
time as is necessary to protect the integrity of racing.
(4) A claimed horse is ineligible to be
subjected to out of competition testing in the forty-eight (48) hours post
claim unless the horse was subjected to post-race testing.
(k) In the absence of extraordinary
mitigating circumstances, a minimum penalty of a ten (10) year suspension will
be assessed for any violation of subsection (f)(1) and (f)(2). The Association
of Racing Commissioners International, Inc. Uniform Classification Guidelines
for Foreign Substances and Recommended Penalties and Model Rule will be
considered for violations of subsection (f)(3), (f)(4), and (f)(5) with
additional penalties for any drug not FDA approved for use in horses.
