N.M. Admin. Code § 15.2.6.8 - VETERINARY PRACTICES
A.
Veterinarians under authority of 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.
B.
Treatment restrictions:
(1)
Except as otherwise provided by this subsection, 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.
(2)
Use of physical or veterinary procedures to mask the effects or signs of injury
so as to allow training or racing to the detriment of the horses health and
welfare are prohibited.
(3) This
subsection does not apply to the administration of the following substances
pursuant to the restrictions set forth in
15.2.6.9 NMAC or as they may
interfere with post-race testing:
(a) a
recognized non-injectable nutritional supplement or other substance approved by
the official veterinarian;
(b) a
non-injectable substance on the direction or by prescription of a licensed
veterinarian;
(c) a non-injectable
non-prescription medication or substance.
(4) No person other than a veterinarian
licensed to practice veterinary medicine in this jurisdiction and licensed by
the commission, or a veterinary assistant licensed by the commission acting
under the direct supervision of a licensed veterinarian, shall possess on any
location under the jurisdiction of the commission any of the following unless
approved by the commission:
(a) any drug which
is a narcotic, stimulant, or depressant, or any other substance or medication
that has been prepared or packaged for injection by a hypodermic syringe, or
hypodermic needle;
(b) any
hypodermic syringe, hypodermic needle or any equipment associated with the aid
of intravenous administration.
(c)
No veterinary assistant licensed by the commission shall be allowed to
administer a prohibited item pursuant to Subsection B of
15.2.6.8 NMAC.
(5) At any location under the jurisdiction of
the commission, veterinarians may use only onetime disposable needles, and
shall dispose of them in a manner approved by the commission.
(6) If a licensee has a medical condition
which makes it necessary to possess or use a prohibited substance, prescribed,
or controlled substance pursuant to Paragraph (3) of Subsection B of
15.2.6.8 NMAC, that person shall
provide to the stewards:
(a) A letter signed
by a licensed physician, physician assistant, or nurse practitioner certifying
that the consumption of the prohibited, prescribed, or controlled substances
will not adversely affect the divided attention, psychophysical abilities of
the licensee, to include but not limited to reaction time and the ability to
judge time and distance. The letter must certify that the prohibited,
prescribed, or controlled substance will not affect a licensees ability to
carry out their responsibilities properly and safely while in the performance
of their duties which includes being in actual physical control of a large
equine animal or operating mechanical equipment on the grounds of the
association and will not jeopardize the health, safety and welfare of the other
individuals participating.
(b) A
licensee must comply with any conditions and restrictions set by the stewards
or the commission.
(7)
The recommended penalty (in absence of mitigating circumstances) for a
violation of Paragraph (3) of Subsection B of
15.2.6.8 NMAC is a $1,500 fine and
a six month suspension. Additionally, the commission may order all horses under
the trainers care that are entered to race to be tested with the cost of
testing borne by the trainer.
(8)
Veterinarians shall not have contact with an entered horse on race day except
for the administration of furosemide under the guidelines set forth in
Subsection D of
15.2.6.9 NMAC unless approved by
the official veterinarian or in an emergency situation. Should an emergency
occur during evening hours, the veterinarian shall notify the official
veterinarian as soon as possible the following morning.
(9) Veterinarians may employ persons licensed
by the commission as veterinary assistants to work under their direct
supervision. Veterinary assistants shall not inject, directly treat, or
diagnose any animal. The practicing veterinarian must be present on the grounds
if a veterinary assistant has access to injection devices or injectable
substances. The practicing veterinarian shall assume all financial and
regulatory responsibility for the actions of their licensed veterinary
assistant.
(10) Veterinarians who
possess any pre-drawn injectable syringes containing any substance must also
possess the partially filled or empty labeled source container from which the
injectable substance was drawn. Pre-drawn syringes and the labeled source
container from which it was drawn are subject to confiscation by the commission
and are subject to testing by the official laboratory. The injectable substance
must be clearly identified on each pre-drawn syringe.
(11) Veterinarians may possess and dispense
compounded medications on association grounds under the following conditions:
(a) The medication is prepared and prescribed
in a manner that meets the criteria for compounding established by the federal
Animal Medicinal Drug Use Clarification Act of 1994 ( 21 CFR 530) and any
current food and drug administration compliance policy guides.
(b) The medication is prepared and prescribed
in a manner that meets the criteria established in 16.19.30 NMAC by the New
Mexico board of pharmacy.
(c) The
medication is labeled in accordance with Subsection H of
15.2.6.9
NMAC.
C.
Extracorporeal shock wave therapy or radial pulse wave therapy:
The use of extracorporeal shock wave therapy or radial pulse wave therapy shall
not be permitted unless the following conditions are met:
(1) Any extracorporeal shock wave therapy or
radial pulse wave therapy machine, whether in operating condition or not, must
be registered with and approved by the commission or its designee before such
machine is brought to or possessed on any racetrack or training center within
the jurisdiction of the commission.
(2) The use of extracorporeal shock wave
therapy or radial pulse wave therapy within the jurisdiction shall be limited
to veterinarians licensed to practice by the commission. Extracorporeal shock
wave therapy or radial pulse wave therapy may only be performed with machines
that are registered and approved for use by the commission; used at a
previously-disclosed location that is approved by the commission; and must be
reported within 24 hours prior to treatment on a prescribed form to the
official veterinarian.
(3) Any
treated horse shall not be permitted to race or breeze for a minimum of 10 days
following treatment.
(4) Any horse
treated with extracorporeal shock wave therapy or radial pulse wave therapy
shall be added to a list of ineligible horses. This list shall be kept in the
race office and accessible to the jockeys and their agents during normal
business hours and be made available to other regulatory
jurisdictions.
(5) A horse that
receives any such treatment without full compliance with this section and
similar rules in any other jurisdiction in which the horse was treated shall be
placed on the stewards list.
(6)
Any person participating in the use of extracorporeal shock wave therapy or the
possession of extracorporeal shock wave therapy machines in violation of this
rule shall be considered to have committed a prohibited practice and is subject
to a class A penalty.
D.
Veterinarians reports:
(1) Every
veterinarian who treats a race horse at any location under the jurisdiction of
the commission shall, in writing on a form approved by the commission, report
to the official veterinarian the name of the horse treated, any medication,
drug or substance administered or prescribed or administered, the name of the
trainer of the horse, the date and time of treatment and any other information
requested by the official veterinarian.
(2) The report shall be signed by the
practicing veterinarian.
(3) The
report will be made available to racing officials on request within a 48-hour
period. Any such report is confidential and its content shall not be disclosed
except in the course of an investigation of a possible violation of these rules
or in a proceeding before the stewards or the commission, or to the trainer or
owner of record at the time of treatment.
E.
Veterinary compliance: The
official veterinarian, racing veterinarian, and each practicing veterinarian
shall comply with all federal and state statutes and applicable rules
regulating veterinary practices as may be promulgated by the New Mexico board
of veterinary medicine and the New Mexico board of pharmacy.
Notes
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