205 CMR 4.50 - Veterinary Practices
(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 recommend to the Stewards or the Commission the discipline
that may be imposed upon a veterinarian who violates the rules.
(2)
Appropriate Role of
Veterinarians. The following limitations apply to drug treatments
of horses that are engaged in activities, including training, related to
competing in pari-mutuel racing in the jurisdiction:
(a) No drug may be administered except in the
context of a valid veterinarian-client-patient relationship between an
attending veterinarian, the horse owner (who may be represented by the trainer
or other agent) and the horse. The owner is not required by 205 CMR 4.50(2) to
follow the veterinarian's instructions, but no drug may be administered without
a veterinarian having examined the horse and provided the treatment
recommendation. Such relationship requires the following:
1. The veterinarian, with the consent of the
owner, has accepted responsibility for making medical judgments about the
health of the horse;
2. The
veterinarian has sufficient knowledge of the horse to make a preliminary
diagnosis of the medical condition of the horse;
3. The veterinarian has performed an
examination of the horse and is acquainted with the keeping and care of the
horse;
4. The veterinarian is
available to evaluate and oversee treatment outcomes or has made appropriate
arrangements for continuing care and treatment;
5. The relationship is maintained by
veterinary visits as needed; and
6.
The veterinary judgments of the veterinarian are independent and are not
dictated by the trainer or owner of the horse.
(b) No prescription drug may be administered
except as prescribed by an attending veterinarian.
(c) The trainer and veterinarian are both
responsible to ensure compliance with these limitations on drug treatments of
horses, except the medical judgment to recommend a drug treatment or to
prescribe a drug is the responsibility of the veterinarian and the decision to
proceed with a drug treatment that has been so recommended is the
responsibility of the horse owner (who may be represented by the trainer or
other agent).
(3)
Treatment Restrictions.
(a) 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.
(b)
Except as otherwise provided by 205 CMR 4.50(3), no person other than a
veterinarian licensed to practice veterinary medicine in this jurisdiction and
licensed by the Commission may administer a prescription or controlled
medication, drug, chemical or other substance (including any medication, drug,
chemical or other substance by injection) to a horse at any location under the
jurisdiction of the Commission.
(c)205 CMR 4.50(3)(c) does not apply to the
administration of the following substances except in approved quantitative
levels, if any, present in post-race samples or as they may interfere with
post-race testing:
1. A recognized
non-injectable nutritional supplement or other substance approved by the
official veterinarian;
2. A
non-injectable substance on the direction or by prescription of a licensed
veterinarian; or
3. A
non-injectable non-prescription medication or substance.
(d) No person shall possess a hypodermic
needle, syringe capable of accepting a needle or injectable of any kind on
association grounds, unless otherwise approved by the Commission. At any
location under the jurisdiction of the Commission, veterinarians may use only a
one-time disposable syringe and needle, and shall dispose of both in a manner
approved by the Commission. If a person has a medical condition which makes it
necessary to have a syringe at any location under the jurisdiction of the
Commission, that person may request permission of the Stewards and/or the
Commission in writing, furnish a letter from a licensed physician explaining
why it is necessary for the person to possess a syringe, and must comply with
any conditions and restrictions set by the Stewards and/or the
Commission.
(e) Practicing
veterinarians shall not have contact with an entered horse within 24 hours
before the scheduled post time of the race in which the horse is scheduled to
compete except for the administration of furosemide under the guidelines set
forth in
205 CMR
4.52(6) unless approved by
the official veterinarian. Any unauthorized contact may result in the horse
being scratched from the race in which it was scheduled to compete and may
result in further disciplinary action by the Stewards.
(f) Any horse entered for racing must be
present on the grounds prior to the scheduled furosemide administration time or
one hour prior to first post time whichever is earlier.
(4)
Veterinarians'
Reports.
(a) Every veterinarian
who treats a racehorse at any location under the jurisdiction of the Commission
shall, in writing on the medication report form prescribed by the Commission,
report to the official veterinarian or other Commission designee at the
racetrack where the horse is entered to run or as otherwise specified by the
Commission, the name of the horse treated, any medication, drug, substance or
procedure administered or prescribed, the name of the trainer of the horse, the
date and time of treatment and any other information requested by the official
veterinarian.
(b) The medication
report form shall be signed by the practicing veterinarian.
(c) The medication report form must be filed
by the treating veterinarian not later than post time of the race for which the
horse is entered. Any such report is confidential and its content shall not be
disclosed except in the course of an investigation of a possible violation of
the Commission's regulations or in a proceeding before the Stewards or the
Commission, or to the trainer or owner of record at the time of
treatment.
(d) A timely and
accurate filing of a 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, if any, of a rules violation.
Notes
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