Section Lot 8009.07 - Furosemide and Phenylbutazone(a) "Bleeder list" means the list compiled by the commission veterinarian of horses that demonstrate external evidence of pulmonary bleeding.(b) "Phenylbutazone list" means the list or lists maintained by the commission's representatives at the racing facility specifying those horses that are being administered phenylbutazone.(c) No horse shall race if that horse has within its bodily system the substance known as furosemide unless that horse is on the bleeder list.(d) No horse that has been identified on the bleeder list as a horse that will run with the substance known as furosemide in its bodily system shall race if that horse does not in fact have that substance within its system.(e) No horse shall race if that horse has within its bodily system the substance known as phenylbutazone unless that horse is on the phenylbutazone list.(f) No horse that has been identified on the phenylbutazone list as a horse that will run with the substance known as phenylbutazone in its bodily system shall race if that horse does not in fact have that substance within its system.(g) No person under the jurisdiction of the commission shall engage in those acts for which a penalty applies under (i) (1) - (6) below.(h) A trainer of record shall: (1) In accordance with RSA 284: 38-a, be responsible for, and be the insurer of the condition of, any horse used for the purposes of racing which such trainer enters into a race; and(2) In addition to the prohibitions of (g) above, be subject to the imposition of penalties in the circumstances set forth in (i) (7) below.(i) The penalties set forth in (j) below shall apply to any person under the jurisdiction of the commission who: (1) Other than as a veterinarian administering such substance for generally accepted veterinary medical purposes, at such time as is necessary for the health of the horse, or as a person assisting such veterinarian in such circumstances, administers to any horse, the substances known as furosemide or phenylbutazone, if that horse is not on the applicable list under (c) or (e) above;(2) Other than as a veterinarian administering such substance for generally accepted veterinary medical purposes, at such time as is necessary for the health of the horse, or as a person assisting such veterinarian in such circumstances, administers to any horse that has completed a race and is subject to having a blood, urine, or other sample taken, but not yet had that sample taken, the substances known as furosemide or phenylbutazone;(3) Being a trainer of record fails to administer, or cause to be administered, to any horse that is entered to participate in a race the substances known as furosemide or phenylbutazone if that horse is on the applicable list under (d) or (f) above;(4) Instructs that any action be taken contrary to (i) (1), (i) (2), or (i) (3) above;(5) Assists or aids in the taking of any action that is contrary to (i) (1), (i) (2), or (i) (3) above;(6) Otherwise causes a horse to race contrary to (c), (d), (e), or (f) above or in contravention of the prohibited practices specified by the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule"; or(7) Is the trainer of record of a horse found to have been administered furosemide or phenylbutazone contrary to (i) (1) or (i) (2) above, or which races contrary to (c), (d), (e), (f), or (i) (6) above.(j) A violation of (g) above, or the existence of circumstances subjecting a trainer of record to penalties under (h) above, shall, for the purposes of the imposition of penalties, be treated as if it constitutes an infraction of the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" for which the penalty provisions relative to a class 4 drug apply.N.H. Admin. Code § Lot 8009.07
Derived From Volume XXXVIII Number 23, Filed June 7, 2018, Proposed by #12544, Effective 6/1/2018, Expires 6/1/2028.