Cal. Code Regs. tit. 4 § 1867

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 1867 - Prohibited Veterinary Practices

For purposes of this division, prohibited veterinary practices means:

(a) The possession and/or use on the premises of a facility under the jurisdiction of the Board of any drug, substance, doping agent, or medication specified below for which a recognized analytical method has not been developed to detect and confirm its administration; or the use of which may endanger the health and welfare of the horse, or the safety of the rider or driver, or alter equine performance.

(1) Erythropoietin (EPO) and analogs;

(2) Darbepoietin and analogs;

(3) Venoms or derivatives thereof;

(4) Growth hormone and analogs and growth hormone releasing factory including growth hormone releasing hormone GHRH, and its analogs, except platelet rich plasma and autologous conditioned plasma, are permitted provided such treatment is pursuant to a valid veterinary prescription made in accordance with all rules and regulations in this division, and the treatment is reported to the Official Veterinarian on form CHRB-60 (Rev. 7/15) (Trainer Medication Report), regardless of whether or not the horse is treated within or outside of a licensed inclosure;

(5) Ractopamine and ractopamine metabolites or analogs;

(6) Zilpaterol and zilpaterol metabolites or analogs;

(7) Aminoimidazole carboxamide ribonucleotide (AICAR);

(8) Hemopure;

(9) Myo-Inositol Trispyprophosphate (ITPP);

(10) Oxyglobin;

(11) Thymosin beta;

(b) The possession and/or use on the premises of a facility under the jurisdiction of the Board of any drug, substance or medication that has not been approved by the United States Food and Drug Administration (FDA) for use in the United States.

(1) Possession or use of any compounded drug, substance, or medication shall not be considered a prohibited veterinary practice if:

(A) There are no other human or animal drugs approved by the FDA and available to satisfy the need for the compounded drug;

(B) The drug is compounded by a California licensed veterinarian or California licensed pharmacy in compliance with State and Federal laws and regulations;

(C) The drug is compounded for an individual animal patient and not used as office stock, unless the compounded drug is listed for use on horses on the FDA List of Bulk Drug Substances for Compounding Office Stock Drugs for Use in Nonfood Producing Animals; and

(D) The compounded drug is not a copy of a marketed FDA-approved or indexed drug, unless the compounder has documented the reason(s) why a marketed FDA-approved or indexed drug can be used as the source(s) of the active ingredients.

(c) A drug compounded pursuant to subsection (b) shall only be dispensed as follows:

(1) By the pharmacy, after receipt of a prescription for an individual animal patient from a veterinarian who has established a veterinarian-client-patient relationship, directly to the prescribing veterinarian or the animal patient owner or designee of the owner.

(2) By the veterinarian to the animal patient owner or designee of the owner.

(d) The presence of any drug, substance or medication described in subsections (a)(1) through (a)(11), and subsection (b) of this regulation in any test sample obtained consistent with Rules 1858, 1859, 1859.1, and 1859.25 of this article, and the provisions of this article, shall apply to such sample in the same manner as if the horse were entered to race (See Title 4, California Code of Regulations, section 1843.3).

Cal. Code Regs. Tit. 4, § 1867

Note: Authority cited: Sections 19440, 19562, 19580 and 19582, Business and Professions Code. Reference: Sections 19580, 19581 and 19582, Business and Professions Code.

1. New section filed 10-15-2002; operative 11-14-2002 (Register 2002, No. 42).
2. New subsections (a)(3)-(4) and amendment of NOTE filed 9-16-2003; operative 10-16-2003 (Register 2003, No. 38).
3. Amendment of section and NOTE filed 2-1-2010; operative 3-3-2010 (Register 2010, No. 6).
4. New subsections (a)(6)-(7) filed 10-10-2012; operative 11-9-2012 (Register 2012, No. 41).
5. Amendment filed 6-24-2019; operative 6/24/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 26).
6. New subsections (b)(1)-(b)(1)(B) and amendment of subsection (c) filed 3-13-2023 as an emergency; operative 3/13/2023 (Register 2023, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-11-2023 or emergency language will be repealed by operation of law on the following day.
7. New subsections (b)-(b)(1)(B) and amendment of subsection (c) refiled 8-16-2023 as an emergency; operative 9/12/2023 (Register 2023, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-11-2023 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-16-2023 order, including amendment of subsections (b)(1)-(b)(1)(B), new subsections (b)(1)(C)-(c)(2) and subsection relettering, transmitted to OAL 9-27-2023 and filed 11-8-2023; amendments effective 11/8/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 46).