N.J. Admin. Code § 13:71-23.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:71-23.8 - Administering medication to respiratory bleeders; standards for the administration of non-steroidal anti-inflammatory drugs (NSAID) and anti-ulcer medications; environmental contaminants

(a) The Board of Judges may permit the administration of medication to control respiratory bleeding under the following conditions:

1. Furosemide may be administered intravenously to a horse which is entered to compete in a race to control respiratory bleeding. Administration of furosemide shall be permitted only after the State Veterinarian has placed the horse on the Furosemide List. In order for a horse to be placed on the Furosemide List the following process must be followed:

i. After the horse's licensed trainer and a licensed, practicing veterinarian determine that it would be in the horse's best interests to race with furosemide they shall notify the State Veterinarian or his or her designee, using the prescribed form provided by the Racing Commission, that they wish the horse to be put on the Furosemide List;

ii. The form must be received by the State Veterinarian or his or her designee no later than the time of entry to ensure public notification prior to race participation;

iii. A horse placed on the Furosemide List must remain on that list unless the licensed trainer and a licensed, practicing veterinarian submit a written request to remove the horse from the List. The request must be made to the State Veterinarian or his or her designee, on the proper form, no later than the time of entry; and

iv. After a horse has been removed from the Furosemide List the horse may not be placed back on the List for a period of 60 calendar days unless it is determined to be detrimental to the welfare of the horse, in consultation with the State Veterinarian. If a horse is removed from the official Furosemide List a second time in a 365-day period, the horse may not be placed back on the list for a period of 90 calendar days;

2. The use of furosemide shall be permitted for horses on the Furosemide List under the following circumstances on the grounds of any racetrack where a detention barn is utilized:

i. Furosemide shall be administered at the direction of the State Veterinarian no less than four hours prior to post time for the race for which the horse is entered;

ii. A horse qualified for furosemide administration must be brought to the detention barn within time to comply with the four-hour administration requirement specified in (a)2i above;

iii. The dose administered shall not exceed 500 milligrams per horse (500 mg) nor be less than 150 milligrams per horse (150 mg);

iv. Furosemide shall be administered by a single, intravenous injection only;

v. After treatment, the horse shall remain in the detention barn or other designated area in the care, custody and control of its trainer or the trainer's designated representative under association and/or Commission security supervision until called to the saddling paddock; and

vi. Failure to administer furosemide in accordance with this paragraph may result in the horse being scratched from the race by the Board of Judges; or

3. The use of furosemide shall be permitted for horses on the Furosemide List under the following circumstances on the grounds of any racetrack where a detention barn is not utilized:

i. Furosemide shall be administered no less than four hours prior to post time for the race for which the horse is entered;

ii. The furosemide dosage administered shall not exceed 500 milligrams per horse (500 mg) nor be less than 150 milligrams per horse (150 mg);

iii. Furosemide shall be administered by a single, intravenous injection;

iv. The trainer of the treated horse shall cause to be delivered to the State Veterinarian, no later than one hour prior to post time for the race for which the horse is entered, the following information, on a form provided by the Racing Commission:

(1) The name of the horse, racetrack name, and the date and time the furosemide was administered to the entered horse;

(2) The dosage amount of furosemide administered to the entered horse;

(3) The printed name and signature of the attending licensed, practicing veterinarian who administered the furosemide; and

(4) The signature of the trainer or his or her representative; and

v. Failure to administer furosemide in accordance with this paragraph may result in the horse being scratched from the race by the Board of Judges.

4. The use of furosemide shall be permitted for horses on the furosemide list, under the following circumstances, on the grounds of any licensed off-track stabling facility approved by the Racing Commission as provided in (a)5 below:

i. Furosemide shall be administered no less than four hours prior to post-time for the race for which the horse is entered;

ii. The furosemide dosage administered shall not exceed 500 milligrams per horse (500mg) nor be less than 150 milligrams per horse (150mg);

iii. Furosemide shall be administered by a single intravenous injection;

iv. The trainer of the treated horse shall cause to be delivered to the State Veterinarian, no later than two hours prior to post-time for the race which the horse is entered, the following information, on a form provided by the Racing Commission:

(1) The name of the horse, off-track facility name, and the date and time the furosemide was administered to the entered horse;

(2) The dosage amount of furosemide administered to the entered horse;

(3) The printed name and signature of the attending licensed, practicing veterinarian who administered the furosemide; and

(4) The signature of the trainer or his or her representative; and

v. Failure to administer furosemide in accordance with this paragraph may result in the horse being scratched from the race by the Board of Judges.

5. An application of a licensed off-track stabling facility, seeking Racing Commission approval to offer the administration of Lasix(R) at its facility, shall be in writing. In its written application to the Racing Commission, the burden shall lie with the off-track stabling facility to demonstrate by clear and convincing evidence that the administration of Lasix(R) at the off-track stabling facility will be accomplished in a manner consistent with maximum security and maximum integrity concerns. Within 90 days of its receipt of such application of a licensed off-track stabling facility, the Racing Commission at a public meeting and in its discretion shall determine whether or not to authorize the administration of Lasix(R) at the facility. In making such a determination, the Racing Commission will consider the suitability of the off-track stabling facility for the administration of Lasix(R). In approving an off-track stabling facility for the administration of Lasix(R), and at cost to the off-track stabling facility, the Racing Commission may impose such conditions as it deems appropriate, which may include, but not be limited to:

i. Requirements designed to enhance security and integrity concerns of the physical area of the off-track stabling facility where Lasix<(R)> administrations are proposed to occur;

ii. A requirement that the off-track stabling facility install video and audio equipment to enable the Racing Commission to monitor in real-time any Lasix<(R)> administrations and activity in the physical area of the off-track stabling facility where Lasix<(R)> administrations are propose to occur;

iii. A requirement that the off-track stabling facility install video and audio recording equipment suitable to record any Lasix<(R)> administrations and activity in the physical area of the off-track stabling facility where Lasix<(R)> administrations are proposed to occur;

iv. The presence at the off-track stabling facility of suitable facsimile, computer hardware and computer software to insure proper recordkeeping and transmission of data to the Racing Commission concerning Lasix<(R)> administrations at the off-track stabling facility; and

v. Requirements that the equipment necessary for the administration of Lasix<(R)> to racehorses be present and be properly maintained at the off-track stabling facility.

6. If a horse is approved to receive Furosemide, the use of aminocaproic acid (AMICAR<(R)> injectable only) as an adjunct bleeder medication may be co-administered by a licensed veterinarian only when the horse receives Furosemide. Dose: AMICAR<(R)> injectable 10 ml (2.5 gram) I.V. four hours pre-race.

i. Veterinarians shall report that the horse was co-treated with AMICAR<(R)> on the Furosemide medication slip.

ii. The administration of AMICAR<(R)>, pursuant to this paragraph, is only approved through December 31, 2007.

(b) The State Veterinarian shall maintain a Bleeder List of all horses which have demonstrated external evidence of exercise induced pulmonary hemorrhage from one or both nostrils during or after a race or workout. Every confirmed bleeder, regardless of age, shall be placed on the Bleeder List and be ineligible to race for the following time periods:

1. For the first incident, the confirmed bleeder will be ineligible to race for 14 days;

2. For the second incident, the confirmed bleeder will be ineligible to race for 30 days;

3. For the third incident, the confirmed bleeder will be ineligible to race for 180 days; and

4. For the fourth incident, the confirmed bleeder will be barred from racing for its lifetime.

(c) For the purposes of counting the number of days a horse is ineligible to run, the day the horse bled externally is the first day of the recovery period. All horses on the Bleeder List who are eligible to race shall be administered furosemide before they can race. The voluntary administration of furosemide without an external bleeding incident shall not subject the horse to the initial period of ineligibility as defined by (b) above. A horse may be recommended for removal from the Bleeder List only on the direction of the licensed, practicing veterinarian, who shall certify in writing to the Board of Judges the recommendation for removal. A horse, which has been placed on a Bleeder List in another jurisdiction pursuant to these rules, shall be placed on a Bleeder List in this jurisdiction.

(d) Post race urine and blood samples may be taken by or under the supervision of the State Veterinarian from all horses treated with Lasix<(R)> (furosemide) to control respiratory bleeding pursuant to the requirements set forth in (b) above. Post-race test results must show a detectable concentration of furosemide in the serum, plasma, or urine sample taken from a furosemide treated horse. Quantitation of furosemide in serum or plasma shall be performed and concentrations must be below the serum or plasma threshold levels authorized in N.J.A.C. 13:71-23.1(b)14. In the event a post-race analysis of a blood sample reveals that the concentration of furosemide is at or above the permitted serum or plasma threshold concentrations authorized in N.J.A.C. 13:71-23.1(b)14, or in the event that a post-race analysis of a blood or urine sample reveals no detectable concentration of furosemide, the trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, shall be liable for the penalties as set forth in (e) below.

(e) Should the stewards determine that any person or persons have violated (d) above, they shall punish the offending party as follows:

1. A trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, shall receive a warning for the first violation.

2. A trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, shall receive a fine not to exceed $ 500.00 for a second violation.

3. A trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, shall be suspended, fined or both for a third violation.

4. Repeated violations of (d) above by a trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, for any horse under their care may subject said trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, to fine and/or suspension regardless of whether or not the same horse is involved.

(f) Notwithstanding anything to the contrary in this section or in N.J.A.C. 13:71-23.1, no penalty shall be imposed where on the day of the race, a horse carries in its body either Phenylbutazone or Flunixin, both NSAIDs, under the following conditions:

1. The NSAID level is below the permitted serum or plasma threshold levels authorized in N.J.A.C. 13:71-23.1(b)14, which are consistent with administration by a single intravenous injection that follows the FDA-approved dose regimen for each product(s) at least 24 hours before the post time for the race in which the horse is entered;

2. Phenylbutazone and Flunixin are not to be administered within the 24 hours before post time for the race in which the horse is entered; and

3. The presence of more than one of the approved NSAIDs or any unapproved NSAID(s) in the post-race serum or plasma sample is not permitted. The use of all but one of the approved NSAIDs shall be discontinued at least 48 hours before the post time for the race in which the horse is entered.

(g) In the event post-race testing determines that the threshold levels authorized in N.J.A.C. 13:71-23.1(b)14 have been met or exceeded, there is evidence of more than one of the permitted NSAID(s) present or there is evidence of an unapproved NSAID, the Board of Judges shall penalize the trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, as follows, regardless of whether or not the same horse is involved:

1. First violation of N.J.A.C. 13:71-23.8(f) - $ 500.00 fine, loss of purse and 15 day suspension; and

2. Second or subsequent violations of N.J.A.C. 13:71-23.8(f) - such fines, suspensions and/or other penalties allowed by this chapter.

(h) The following anti-ulcer medications may be administered up to 24 hours prior to the race in which the horse is entered: Omeprazole; Cimetidine; Ranitidine; and Sucralfate. In the event a horse tests positive for any of the anti-ulcer medications identified in this subsection, the trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, shall be subject to the following penalties:

1. $ 250.00 fine for the first violation;

2. $ 500.00 fine and loss of purse for the second violation; and

3. Increased fine, loss of purse and license suspension as deemed appropriate by the Board of Judges for the third and subsequent violations.

(i) The following substances may be present in post-race samples as a result of possible environmental contamination from plants that are traditionally grazed or harvested as equine feed or are present from contamination during cultivation, processing, treatment, storage and transportation phases that contribute to contamination:

1. Atropine;

2. Dimethyl sulfoxide;

3. Estranediol;

4. Hydrocortisone;

5. Morphine and Metabolites;

6. Salicylic acid;

7. Scopolamine;

8. Strychnine;

9. Testosterone;

10. Theobromine; or

11. Theophylline.

(j) If a horse tests positive for one of the substances identified in (i) above, within 10 days of being notified of the positive test, the trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, may request in writing a hearing before the Board of Judges for the purpose of determining whether the positive test resulted from environmental contamination as described in (i) above. The trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, shall have the burden of proof at the hearing. If the trainer and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, meet their burden of proof in showing environmental contamination as described in (i) above, the Board of Judges shall consider the environmental contamination as a mitigating circumstance in assessing a penalty.

(k) Regulatory thresholds (the concentration of the drug below which no administrative action is taken) are established for caffeine as 100 nanograms per milliliter (100 ng/mL) of serum or plasma. A positive test which exceeds the regulatory threshold will subject trainers and other persons charged with responsibility, including, without limitation, licensed, practicing veterinarians, to penalties consistent with those permitted by the New Jersey Racing Commission rules.

N.J. Admin. Code § 13:71-23.8

Amended by 46 N.J.R. 2162(a), effective 11/3/2014.