9 NYCRR Part 4218 - Executive Department

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Source version current through Sep 15, 2021

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 4218.1 - Possession of hypodermic equipment and controlled substances

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)No person other than a commission veterinarian, track veterianarian or a practicing veterinarian licensed by the commission shall have or possess in or upon the premises of a licensed quarter horse race track, including premises which he occupies or has a right to occupy, or shall have or possess in his personal property or effects upon such premises the following:

(1)any equipment which may be used for hypodermic injection or other infusion into a horse or any vial, bottle, or cartridge designed and usable for such purposes; or

(2)any controlled substance, listed in schedule I through IV of United States code, Title 21 (Food and Drugs) section 812, or any drug which has not been approved for use in the horse by the Federal Food and Drug Administration. Not included in this prohibition are liniments, antiseptics, ointments, leg paints, washes and other products commonly used in the daily care of horses.

(b)Subdivision (a) of this section shall not apply to any person who may have in his possession a controlled substance or hypodermic syringe for which he has obtained prior written permission from the judges to possess and use for his own personal health pursuant to prescription of a physician.

(c)All bottles and other containers kept in or about any tack room or elsewhere on the premises of a racing association shall bear a label stating plainly the contents thereof, including the name of each active ingredient; provided, however, that this section shall not apply if each container bears either a veterinarian's label or a regular prescription label with a pharmacist's name and address, prescription number and the name of the prescribing veterinarian.

(d)Each track is required to use all reasonable efforts to prevent and detect violations of this section. Each track, the commission and the judges or their designees shall have the right to enter into or upon the buildings, stables, rooms, motor vehicles or other places within the grounds of such track to examine the same and to inspect and examine the personal property and effects of any person within such places; and every person who has been granted a license by the commission, by accepting his license, does consent to such search including a personal search and to the seizure of any drugs or hypodermic syringes, hypodermic needles or other devices and if the commission shall find that any person has refused to permit any such search or seizure it may impose such punishment as may be appropriate.

(e)A report shall be made to the Bureau of Narcotics of the Department of the Treasury of the United States of all cases in which it is reported to the commission that narcotics or other controlled substances have been detected in a specimen from any horse; and if any veterinarian or physician has been involved therein, a similar report shall be made to the New York State Education Department.

9 NYCRR 4218.2 - Drug detection facilities

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Each track operator shall provide such facilities, appurtenances and equipment for drug detection programs, or other related activities as the commission may specify.

(b)No person shall enter or be present at any time in any enclosure set aside by direction of the commission for the taking and examination of samples from horses except the staff immediately in charge of such work, the commission, its chairman and members, its staff, the judges, the custodians of the horse, or such other persons as may be authorized by this Part.

9 NYCRR 4218.3 - Drug detection programs

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Programs for the detection of the presence of drugs in horses programmed to race shall be conducted at each track unless otherwise ordered by the commission.

(a)Pre-race testing.

(1)Blood or other samples shall be taken from every horse programmed to race, prior to the race in which it is programmed, at a time and in a location specified by the commission or its representative.

(2)The trainer or his representative shall accompany the horse at the prescribed time and to the prescribed locations, and shall manage the horse as directed. Willful failure to be present at, or a refusal to allow, the taking of any such sample, or any act or threat to impede or prevent or otherwise interfer therewith shall constitute a violation of this Part and shall subject the person or persons guilty thereof to punishment as may be appropriate.

(3)Blood samples will be taken by the State veterinarian or, under his supervision, by a graduate veterinarian.

(4)A horse shall not race if it has not been tested in accordance with the provisions of this section.

(5)Whenever a laboratory test indicates the presence of a drug, restricted substance, or a foreign substance the identity of which cannot be established in a sample taken from a horse, the judges shall scratch the horse and take such further action as they deem necessary.

(6)Unless specifically permitted in writing by the presiding judge, a horse, once the pre-race test sample is taken, shall not be transported from the grounds except to be transported to the racecourse where it is scheduled to race if such racecourse is not part of the grounds where the test sample is taken.

(b)Post-race testing.

(1)The winner and at least one other horse designated by the judges shall be sent to the testing facility immediately after each race.

(2)Blood, urine, and such other samples as may be required shall be attempted to be taken from the designated horse at a time and in an enclosure specified by the commission or its representative, until such horse is released by the commission veterinarian.

(3)The trainer or his representative shall accompany the horse at the prescribed time and to the prescribed location, and shall manage the horse as directed. Willful failure to be present at, or a refusal to cooperate in the taking of any such sample, or any act or threat to impede or prevent or otherwise interfere therewith shall subject the person or persons guilty thereof to such punishment as may be appropriate.

(4)Blood samples will be taken by the commission veterinarian or, under his supervision, by a graduate veterinarian. Urine samples shall be gathered by a commission inspector.

(5)Where deemed necessary to obtaining a urine sample by the commission veterinarian, a horse may be permitted to return to its stable prior to release if accompanied by a commission inspector.

(c)

(1)The judges may require at any time that any horse be sent to the testing enclosure for the taking of such specimens of blood, urine or other materials as shall be directed, as well as for an examination for “sponging” and such other examination as shall be directed.

(2)The commission veterinarian may also, when so directed by the judges, require the taking of any or all of the foregoing specimens from any horse stabled at a track during a meeting.

(d)The judges, commission veterinarian or their designees may take, for analysis, samples of any medicine or other materials which may be found in stables or elsewhere on race tracks or in the possession of any person connected with racing.

9 NYCRR 4218.4 - Records of veterinarian

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Every licensed practicing veterinarian shall keep a written record of his practice concerning horses participating at pari-mutuel quarter horse race meets in this State whether performed at a licensed quarter horse track or elsewhere which shall disclose:

(1)the name of the horse treated;

(2)the nature of the horse's ailment;

(3)the type of treatment prescribed and performed for the horse; and

(4)the date and time of such treatment.

(b)Every such veterinarian shall produce such written records when requested by an official of the commission. In addition he shall instruct the trainer of the necessity to submit the report required by section 4236.2 of this Subchapter relating to joint aspiration.

(c)Before a licensed veterinarian administers or prescribes any drug or restricted substance for a horse, he shall ascertain by reasonable inquiry whether the horse has been entered to race at any track and if the horse has been entered he shall not administer or prescribe any drug or restricted substance within the time or in a manner restricted by this Part. If the horse has not been entered to race, but the administration is of a drug which is not permitted to be administered within 72 hours of a racing program, or longer, he shall so inform the trainer of the fact and of the time applicable. If, however, an emergency exists involving the life or health of the horse, he may proceed to treat or prescribe for the horse but shall report the matter as promptly as practicable to the commission veterinarian or judges at the pertinent track.

(d)The attending veterinarian shall complete and submit daily a form prescribed by the commission which will contain each horse entered to race on that day and treated by him with furosemide. The form shall also contain the following information:

(1)name of the track;

(2)name of the trainer;

(3)description of the horse;

(4)tattoo number; and

(5)the dose, route and time of administration.

The form must be signed by the attending veterinarian and filed at a location designated by the commission.

9 NYCRR 4218.5 - Earlier source heading: 4218.5 to 4218.12 [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

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