71 IAC 8.5-2-5 - Out of competition testing
Authority: IC 4-31-3-9
Affected: IC 4-31-12
Sec. 5.
(a) Any 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 a trainer or an 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 shall be presumed eligible if it is a racing breed, at least two (2) years old, and an Indiana bred or sired horse. The owner of such 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), provided that the owner of such an 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 shall be deemed ineligible for racing in Indiana as provided for in subsection (b).
(b) If a horse selected to be
tested is not covered under subsection (a), the executive director or stewards
may nevertheless test any such horse as eligible to race in Indiana for
prohibited substances, practices, and procedures specified in subsection (f),
unless the owner or trainer or other authorized representative or designee of
such horse immediately represents in writing that the horse is not intended to
be, and will not be, raced in Indiana for a minimum of three hundred sixty-five
(365) days. If the owner, trainer, or other authorized representative or
designee so represents, the horse shall be deemed ineligible for racing in
Indiana for no less than three hundred sixty-five (365) days from that date.
This three hundred sixty-five (365) day ineligibility to race in Indiana shall
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 such horse tests negative, it will
remain eligible to race in Indiana.
(c) The executive director or stewards 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. In the event that a horse is ordered to report to a track
pursuant to 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 in excess of 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 following the testing. The trainer or owner is not
entitled to receive reimbursement from the commission for any other expense
relating to any order under this subsection to report to a track for out of
competition testing.
(d) The
official veterinarian, a licensed veterinarian authorized by the commission, or
a veterinary technician under the direct supervision of the official
veterinarian or a licensed veterinarian authorized by the commission may take a
urine, blood, or hair sample from a horse for testing as provided for in this
section.
(e) Unless sample
collection occurs on the grounds of a racetrack or other location within
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 defined 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 one (1) hour
after the commission's designee arrives at the premises in the case of an
eligible horse under subsection (a), and not later than two (2) hours in the
case of an eligible horse under subsection (b). If the collection does not
occur within the time provided for in this subsection, any horse that would
have been subject to testing and eligible to race in Indiana will be deemed to
be ineligible for racing in Indiana pursuant to the provisions of subsections
(a) and (b). In addition, the owner or trainer, or both, of the horses may be
subject to any other sanctions allowed by Indiana law and regulations,
including, but not limited to, 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 within 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, but not
limited to, 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, but not limited to, 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 8.5-1-8 or AAS in a horse
placed on the veterinarian's list in accordance with
71 IAC 8.5-1-8 (f).
(6) Cobalt in excess of the threshold
provided in
71 IAC 8.5-1-9. In the event a
sample from a horse results in cobalt in excess of 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 a minimum of
thirty (30) days.
(7) Clenbuterol
in excess of the threshold provided in
71 IAC 8.5-1-4.2 (5) for a quarter
horse. In the event a sample from a quarter horse results in clenbuterol in
excess of the threshold, the quarter horse shall be placed on the
veterinarian's list as provided in
71 IAC 8.5-8-1.5.
(8) Albuterol in excess of the threshold
provided in
71 IAC 8.5-1-4.2 (2) for a quarter
horse. In the event a sample from a quarter horse results in albuterol in
excess of the threshold, the quarter horse shall be placed on the
veterinarian's list as provided in
71 IAC 8.5-8-1.5.
(9) Any substance or method not otherwise
referenced in this rule, which is present in the ARCI Uniform Classification
Guidelines for Foreign Substances and Recommended Penalties Model Rule Version
18.0.
(10) The presence of any
substance at any time listed in subdivision (1), (2), (3), (4), (5), or (9) in
an eligible horse, as defined in subsections (a) and (b), is prohibited and is
a violation of this rule.
(11) The
use of a prohibited method, as defined in the ARCI Uniform Classification
Guidelines for Foreign Substances and Recommended Penalties Model Rule Version
18.0, 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 stewards 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 8.5-3-1 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 8.5-3-1 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 training
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.
Notes
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