Utah Admin. Code 52-7-8

Current through Bulletin 2024-23, December 1, 2024

Section R52-7-8 - Veterinarian Practices, Medication and Testing Procedures

1. Veterinarians Under the Authority of the 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. The Official Veterinarian shall:

A. recommend to the stewards or the Commission, the discipline that may be imposed upon a veterinarian who violates the rules; and

B. sit with the Stewards in any hearing before the Stewards in any administrative process for discipline or violation against a veterinarian.

2. Physical Inspection and Assessment of Racing Condition. Any horse entered to participate in an official race shall be subjected to a veterinary inspection before starting in the race.

A. The inspection shall be conducted by the Official Veterinarian or the racing veterinarian.

B. The trainer of each horse or their representative shall present the horse for inspection as required by the examining veterinarian.

C. Each horse presented for examination shall have clean legs, including removal of any bandages.

D. Before examination, a horse may not be placed in ice, nor shall any device or substance be applied that impedes veterinary clinical assessment.

E. The Official Veterinarian or the racing veterinarian shall maintain a permanent continuing health and racing soundness record of each horse inspected.

F. The Official Veterinarian or the racing veterinarian are authorized access to any horses housed on association grounds regardless of entry status.

G. The veterinarian will recommend to the stewards the horse be scratched, if, before starting:

a. a horse is determined to be unfit for competition; or

b. if the veterinarian cannot make a determination of racing soundness.

H. Horses scratched upon the recommendation of the Official Veterinarian or the racing veterinarian are to be placed on a list maintained by the Official Veterinarian.

3. Appropriate Role of Veterinarians. The following limitations apply to drug treatments of horses that are engaged in activities, including training, related to competing in Commission sanctioned race meets.

A. No drug may be administered except in the context of a valid relationship between an attending veterinarian, the horse owner, who may be represented by the trainer or other agent, and the horse. No drug or prescription drug may be administered without a veterinarian having examined the horse and provided the treatment recommendation. The relationship requires the following:

a. the veterinarian, with the consent of the owner, has accepted responsibility for making medical judgments about the health of the horse;

b. after performing an examination, the veterinarian has:

(1) sufficient knowledge of the horse to make a preliminary diagnosis of its medical condition;

(2) is available, or has made arrangements to oversee treatment outcomes; and

(3) maintains the veterinarian-client relationship, and;

c. the judgment of the veterinarian is independent and not dictated by the trainer or owner of the horse.

B. The trainer and veterinarian are both responsible to ensure compliance with these limitations on drug treatments of horses.

4. Treatment Restrictions. Only licensed trainers, licensed owners, or their designees shall be permitted to authorize veterinary medical treatment of horses under their care, custody, and control at locations under the jurisdiction of the Commission.

5. To administer a prescription or controlled medication, drug, chemical, or other substance, an individual shall be:

A. licensed to practice veterinary medicine under the jurisdiction of the Commission; and

B. licensed by the Commission.

C. Subsection R52-7-8(5) does not apply to the administration of an oral substance allowed by the Commission rules if the substance is not banned.

D. Subsection R52-7-8(5) does not apply to a recognized non-injectable nutritional supplement or other supplement approved by a licensed veterinarian or by the Official Veterinarian.

E. No individual shall have a hypodermic needle, syringe capable of accepting a needle, or injectable of any kind on association grounds, unless otherwise approved by the Commission.

F. At any location under the jurisdiction of the Commission, a veterinarian may use only a one-time disposable syringe and needle and shall dispose of both in a manner approved by the Commission.

G. If an individual has a medical condition that makes it necessary to have a syringe at any location under the jurisdiction of the Commission, that individual shall:

a. request permission of the Stewards and the Commission in writing;

b. furnish a letter from a licensed physician explaining why it is necessary to have a syringe; and

c. comply with any conditions and restrictions set by the stewards and the Commission.

6. Veterinary Practices. Private veterinarians shall not have contact with an entered horse 24 hours before the post time of the race in which the horse is scheduled to compete, unless licensed by the Commission and approved by the Official Veterinarian.

A. Any unauthorized contact may result in the horse being scratched from the scheduled race and further disciplinary action by the stewards.

B. Any horse entered for racing shall be present on the grounds four hours before the post time of the race they are entered in.

C. Administration of furosemide shall take place on the grounds four hours before the post time of the race they are entered in.

D. Furosemide shall be administered by the Official Veterinarian or a Track Veterinarian.

7. Veterinarians' Reports. A private veterinarian who treats a racehorse at a facility under the jurisdiction of the Commission shall submit a Veterinarian's Medication Report Form approved by the Commission to the Official Veterinarian or other racing authority designee.

A. The Veterinarian's Medication Report Form shall be signed by the private veterinarian or, when signed electronically, shall be submitted by the private veterinarian.

B. The Veterinarian's Medication Report Form shall be filed by the treating veterinarian immediately following administration or prescription of any medication, drug, substance, or procedure.

C. Disclosure of any report is governed by Title 63G, Chapter 2 Government Records Access and Management Act (GRAMA) and is non-public to the extent allowed by GRAMA. Access to a report is limited to the Official Veterinarian and the contents shall not be disclosed except:

a. in the course of an investigation of a possible violation of these rules;

b. in a proceeding before the stewards or the Commission exercising Commission authority; or

c. to the horse trainer or owner of record at the time of treatment.

D. A timely and accurate filing of a Veterinarian's Medication Report Form that is consistent with the analytical results of a positive test may be used as a mitigating factor in determining the nature and extent of a rules violation.

8. Pre-race and post-race testing and reporting to the test barn. The official winning horse and any other horse ordered by the Commission or the Stewards shall be taken to the test barn to have hair, blood, or urine samples taken at the direction of the Official Veterinarian.

A. The Stewards, Commission, or Official Veterinarian may require random testing on a horse at any time a horse is on the grounds under the jurisdiction of the Commission.

B. Unless otherwise directed by the stewards or Official Veterinarian, a horse that is selected for testing shall be taken directly to the test barn. An individual approved by the Commission or a track security guard shall monitor access to the test barn area during and immediately following each racing performance. Any individual entering the test barn area shall:

a. be at least 18 years old;

b. be currently licensed by the Commission;

c. display their Commission identification badge; and

d. have a legitimate reason for being in the test barn area.

C. Sample collection for blood and urine shall be done in accordance with the guidelines and instructions provided by the Official Veterinarian, including the determination of a minimum sample requirement for the primary testing laboratory.

a. If the specimen obtained from a horse is less than the minimum sample requirement, the entire specimen shall be sent to the primary testing laboratory.

b. If a specimen obtained from a horse is greater than the minimum sample requirement but less than twice that amount, the portion of the sample that is greater than the minimum sample requirement shall be secured as the split sample.

c. If a specimen obtained from a horse is greater than twice the minimum sample requirement, a portion of the sample about equal to the amount provided for the primary testing laboratory shall be secured as the split sample.

d. Blood samples shall be collected at a consistent time, preferably before one hour post-race.

D. Sample collection for hair testing shall be done in accordance with the guidelines and instructions provided by the Official Veterinarian to determine sample size. Hair testing is not subject a split sample.

9. Sampling or Testing. The Commission shall adopt standard operating procedures that include:

A. sampling procedures; and

B. personnel and notification processes.

10. If a sample taken pre-race is determined to be above the thresholds stated in this rule, the horse shall be scratched and enforcement action taken in accordance with this rule.

11. Any owner, trainer, or other licensed designee of the owner or trainer who fails to permit a horse to be tested when requested by an authorized Commission designee shall have that horse scratched.

12. Out-of-competition Testing Authorized. The Commission may take blood, urine, hair, or other biologic samples from a horse at a reasonable time on any date as authorized by Commission rules to enhance the ability of the Commission to enforce its medication rules.

13. Horses Eligible to be Tested. Any horse that has been engaging in activities related to competing in horse racing in the jurisdiction may be tested. This includes:

A. horses that are training outside the jurisdiction to participate in racing in the jurisdiction; and

B. horses that are training in the jurisdiction.

14. Weanlings, yearlings, and horses no longer engaged in horse racing, such as retired broodmares are not eligible to be tested.

15. A horse is presumed eligible for out-of-competition testing if:

A. it is on the grounds at a racetrack or training center under the jurisdiction of the Commission;

B. it is under the care or control of a trainer licensed by the Commission;

C. it is owned by an owner licensed by the Commission;

D. it is entered or nominated to race at a premise licensed by the Commission;

E. it has raced within the previous 12 months at a premise licensed by the Commission; or

F. it is nominated to a program based on racing in the jurisdiction.

16. Horses shall be selected for sampling by a Commission veterinarian, Executive Director, Equine Medical Director, Steward, Presiding Judge, or a designee of any of the foregoing.

17. Horses may be selected to be tested at random, for cause, or as otherwise determined, at the discretion of the Commission, and the Commission need not provide advance notice before arriving at any location, whether or not licensed by the Commission, to collect samples.

18. The trainer, owner, or their designee shall cooperate with the person who takes samples for the Commission, and shall:

A. assist in the immediate location and identification of the horse; and

B. make the horse available as soon as practical upon arrival of the person who is responsible for collecting the samples.

19. A trainer or owner of a horse that has been notified that a written report from a primary laboratory states that a prohibited substance was found in a specimen obtained under these rules, may request that a split sample for blood and urine, corresponding to the portion of the specimen tested by the primary laboratory, be sent to another laboratory approved by the Commission.

A. The request must be made in writing and delivered to the Stewards before three business days after the stewards receive written notice of the findings of the primary laboratory. Any split sample requested shall be shipped within an additional 48 hours. The owner or trainer requesting testing of a split sample shall be responsible for the cost of shipping and testing.

B. Failure of the owner, trainer, or designee to appear when and place designated by the Official Veterinarian shall constitute a waiver of rights to split sample testing.

C. Before shipment, the Commission shall confirm the split sample laboratory's willingness to simultaneously:

a. provide the testing requested;

b. send results to both the person requesting the testing and the Commission, and;

c. make arrangements for payment satisfactory to the split sample laboratory.

D. If a reference laboratory will accept split samples, that laboratory shall be included among the laboratories approved for split sample testing.

20. Storage and Shipment of Split Samples. Split samples obtained in accordance with this rule shall be secured and available for further testing in accordance with the following procedures.

A. A split sample shall be secured in the test barn in the same manner as the portion of the specimen shipped to a primary laboratory until specimens are packed and secured for shipment to the primary laboratory. Any evidence of a malfunction of a split sample freezer or samples that are not in a frozen condition during storage shall be documented in the log and immediately reported to the Official Veterinarian or a designated Commission representative.

B. Split samples shall then be transferred to a freezer at a secure location approved by the Commission that shall meet the following requirements:

a. the freezer shall have two hasps or other devices providing for use of two independent locks;

b. one lock shall be the property of the Commission; and

c. one lock shall be the property of a representative of the group representing a majority of the horsemen at a race meeting.

C. The locks shall be closed and locked to prevent access, except as provided by these rules.

D. A freezer for storage of split samples shall only be opened under the following circumstances:

a. to deposit or remove split samples; or

b. to inventory, or check the condition of samples.

E. When a freezer used for storage of split samples is opened, it shall be attended by both a representative of the Commission and the owner or trainer of the horse, or their designee.

F. A chain of custody log shall be maintained and shall record each time a split sample freezer is opened to:

a. specify each person in attendance;

b. specify the purpose for opening the freezer;

c. identify split samples deposited or removed;

d. specify the date and time the freezer was opened, the time the freezer was closed; and

e. verify that both locks were secured before and after opening the freezer.

G. The Commission shall also provide a Split Sample Chain of Custody Verification Form. The form, including any additional information the Official Veterinarian may require, shall be completed during the retrieval, packaging, and shipment of the split sample, specifying:

a. the date and time the sample is removed from the split sample freezer;

b. the sample number;

c. the address where the split sample is to be sent;

d. the name of the carrier and the address where the sample is to be taken for shipment;

e. verification of retrieval of the split sample from the freezer including packaging;

f. verification of the address of the laboratory on the sample package;

g. verification of the condition of the sample package immediately before transfer of custody to the carrier; and

h. the date and time custody of the sample is transferred to the carrier.

21. The owner, trainer, or designee shall pack the split sample for shipment in the presence of a representative of the Commission, in accordance with the packaging procedures recommended by the Commission.

22. Laboratory Minimum Standards. Laboratories conducting either primary or split post-race sample analysis shall meet at least the following minimum standards.

A. The laboratory must be accredited by an accrediting body designated by the Association of Racing Commissioners International to standards set forth and required by the Commission

B. A testing laboratory shall:

a. have, or have access to, LC/MS instrumentation for screening or confirmation purposes; and

b. be able to meet minimum standards of detection, which are defined as the specific concentration at which a laboratory is expected to detect the presence of a particular substance or metabolite; or by the adoption of a regulatory threshold.

23. Postmortem Examinations.

A. The Commission may require a postmortem examination of any horse that dies or is euthanized on association grounds.

B. If a postmortem examination is to be conducted, the Commission or its representative shall take possession of the horse upon death for postmortem examination.

C. Shoes and equipment on the horse's legs shall be left on the horse.

D. If a postmortem examination is to be conducted, the Commission or its representative shall collect blood, urine, bodily fluids, or other biologic specimens immediately, if possible before euthanasia.

E. The Commission may submit blood, urine, bodily fluids, or other biologic specimens collected during a postmortem examination for analysis.

F. The presence of a prohibited substance in a specimen collected during the postmortem examination may constitute a violation.

G. Licensees shall be required to comply with postmortem examination requirements as a condition of licensure.

H. In proceeding with a postmortem examination, the Commission or its designee shall coordinate with the owner or the owner's agent to determine and address any insurance requirements.

I. The owner of the deceased horse shall pay any charges due the Official Veterinarian or a licensed veterinarian employed to conduct the postmortem examination.

J. If any licensed veterinarian other than the Official Veterinarian or their designee performs a postmortem examination, the veterinarian shall submit the record of the postmortem examination to the Official Veterinarian within 72 hours of the examination.

Utah Admin. Code R52-7-8

Amended by Utah State Bulletin Number 2017-7, effective 3/6/2017

Amended by Utah State Bulletin Number 2020-16, effective 8/10/2020

Amended by Utah State Bulletin Number 2021-09, effective 4/12/2021

Amended by Utah State Bulletin Number 2022-05, effective 2/23/2022