Okla. Admin. Code § 325:40-1-3

Current through Vol. 42, No. 4, November 1, 2024

Section 325:40-1-3 - Veterinary practices - Treatment restricted

(a) No person other than an Oklahoma-licensed practicing veterinarian, official veterinarian, racing veterinarian, or registered veterinary technician under the direct supervision of a practicing veterinarian shall administer any veterinary treatment or permitted substance or veterinary prescription medications to any horse within the enclosure.

(b) The following restrictions apply to medical treatments of horses that are engaged in activities, including training, related to competing in pari-mutuel racing in the jurisdiction:

(1) With the exception of emergency care, no permitted substance or veterinary prescription medication shall be administered by a practicing veterinarian outside the context of a valid veterinarian-client-patient relationship between the practicing veterinarian, the horse owner (who may be represented by the trainer) and the horse.

(2) The owner (who may be represented by the trainer) is not required to follow the practicing veterinarian's instructions, but no permitted substance or veterinary prescription medication shall be administered unless administered by a practicing veterinarian having previously examined the horse and provided the treatment recommendation, as follows:

(A) The practicing veterinarian, with the consent of the owner (who may be represented by the trainer), has accepted responsibility for making medical judgments about the health of the horse;

(B) The practicing veterinarian has sufficient knowledge of the horse to make a preliminary diagnosis of the medical condition of the horse;

(C) The practicing veterinarian has performed an examination of the horse and is acquainted with the keeping and care of the horse;

(D) The practicing veterinarian is available to evaluate and oversee treatment outcomes, or has made appropriate arrangements for continuing care and treatment;

(E) The veterinarian-client-patient relationship is maintained by veterinary examinations as needed, and;

(F) The judgments of the practicing veterinarian are independent and shall not be dictated by the trainer or owner of the horse.

(3) A practicing veterinarian, official veterinarian, or racing veterinarian who, in good faith, renders or attempts to render emergency care to a horse in the enclosure suffering from an accident, disaster or other health emergency will not be liable for any violation as a result of such action, subject to the following restrictions:

(A) If the horse is an entered horse, the veterinarian shall attempt to contact the official veterinarian prior to emergency treatment,

(B) If the official veterinarian is not available, the horse may be treated without authorization provided the treating veterinarian contacts the official veterinarian or the stewards as soon as possible after treating the entered horse,

(C) A horse receiving emergency care within 24 hours prior to the running of a race shall be scratched,

(D) The fact that a valid veterinarian-client-patient relationship doesn't exist shall not prevent a veterinarian from providing emergency care to a horse within the enclosure.

(4) The practicing veterinarian shall be responsible to ensure that treatment of a horse complies with Chapter 45 of the Rules of Racing. The recommendation of a medical treatment, therapy, or administration of a permitted substance or veterinary prescription medication for a horse within the enclosure shall be the responsibility of the practicing veterinarian. The decision to proceed with a recommended medical treatment, therapy, administration of a permitted substance or veterinary prescription medication shall be the responsibility of the horse owner (who may be represented by the trainer).

(5) Certain medical treatments shall be permitted, as follows:

(A) Any chiropractic physician licensed in this state and who is certified by the Board of Chiropractic Examiners to engage in animal chiropractic diagnosis and treatment may practice equine chiropractic diagnosis and treatment under the direct supervision of a practicing veterinarian.

(B) Any individual that is certified in animal massage therapy may engage in equine massage therapy after referral from a licensed practicing veterinarian and under the direct supervision of a practicing veterinarian.

(C) Any individual that is certified by the State Board of Veterinary Medical Examiners as a non-veterinary equine dental care provider may engage in horse teeth floating.

(D) Complementary and alternative therapies may be performed on a horse by a practicing veterinarian or under the direct supervision of a practicing veterinarian. Complementary and alternative therapies include, but are not limited to:

(i) acupuncture and related acupoint therapies;

(ii) manual therapies including physical, massage, and osteopathic therapies;

(iii) energy therapies including ultrasound, pulsating electromagnetic field (PEMF), static magnetic field, laser, Reiki, therapeutic touch, Bowen, and shock wave therapies;

(iv) integrative medicines including Ayurveda, aromatherapy, flower remedy therapy, holistic medicine, homeopathy, nutritional therapy, and phototherapy.

(6) Only trainers and owners may authorize veterinary medical treatment of horses under their care, custody, and control within the enclosure.

(7) A practicing veterinarian shall not engage in conduct likely to deceive, defraud or harm the public or a demonstration of willful or careless disregard for the health, welfare or safety of a horse;

(8) A practicing veterinarian shall not administer any parenteral substance to an entered horse, other than furosemide, within 24 hours prior to running in a race.

(9) A practicing veterinarian shall not fraudulently issue or use certificates of veterinary inspection; test charts including forms for equine infectious anemia or equine piroplasmosis; or vaccination reports.

(10) A practicing veterinarian shall not violate any state or federal statute, rule or regulation regarding the prescription, dispensation, or administration of veterinary prescription medications.

(c) Nothing in this Chapter is intended to allow otherwise prohibited conduct or to allow the presence of substances in a horse that would otherwise be considered a violation of Chapter 45 of the Rules of Racing. If the necessary medical treatment of a horse requires the administration of a veterinary prescription medications, prohibited substances, naturally occurring substances, or dosages of permitted substances that make the horse ineligible to run a race, the horse shall be scratched or disqualified as circumstances dictate and the owner, trainer, and practicing veterinarian may be subject to appropriate penalties for violations of these rules.

Okla. Admin. Code § 325:40-1-3

Amended at 10 Ok Reg 2769, eff 6-25-93 ; Amended at 30 Ok Reg 1325, eff 6-27-13

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 9/14/2019