Title 9 Part 4236

The terms and words used in this Part shall mean:

Cause the introduction of a substance into the body of a horse.

The official racing chemical detection laboratory designated by the commission.

Any substance or its metabolites which does not exist naturally in the untreated horse and which can have a pharmacological effect on a horse.

Any body substance, including but not limited to, blood or urine taken from a horse at the direction of the commission or its officials for the purposes of analysis. A sample is a “pre-race” sample when it is taken before a race pursuant to the rules governing the pre-race testing program. A sample is a “post-race” sample when it is taken after a horse races pursuant to the rules governing the post-race testing program.

A finding by the laboratory that a drug or other substance, the use of which is restricted by section 4236.2 of this Part, was present in the sample and was administered at a time and in a manner prohibited by this Part.

A finding by the laboratory that a drug could be present in the sample.

A veterinarian who treats any race horse.

The scheduled post-time of the first race of a program containing a race in which the horse is to compete.

No person shall, attempt to, or cause, solicit, request, or conspire with another or others to:

A trainer shall be responsible at all times for the condition of all horses trained by him. No trainer shall start or permit a horse in his custody, care or control to be started if he knows, or he might have known or have cause to believe, that the horse has received any drug or other restricted substance that could result in a positive test. The trainer shall be held responsible for any positive test unless he can show by substantial evidence that neither he nor any employee nor agent was responsible for the administration of the drug or other restricted substance. Every trainer must guard each horse trained by him in such manner and for such period of time prior to racing the horse so as to prevent any person whether or not employed by or connected with the owner or trainer from administering any drug or other restricted substance to such horse contrary to this Part.

A horse, in respect to which there has been any violation of the prohibitions contained in this Part or Part 4218 of this Subchapter, or from which a sample has resulted in a positive test, may be disqualified from the race and from any share of the purse in the race and such share shall be redistributed among the remaining horses in the race entitled to same. Nothing contained herein shall in any way affect the pari-mutuel distribution which shall be deemed final and unappealable upon the declaring of the race “official” by the judges at the conclusion of the race.