9 NYCRR Part 4236 - Executive Department

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Source versions current through Sep 15, 2021 - Mar 31, 2022 across sections

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9 NYCRR 4236.1 - Definitions

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

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

The terms and words used in this Part shall mean:

(a)Administer.

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

(b)Laboratory.

The official racing chemical detection laboratory designated by the commission.

(c)Drug.

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

(d)Sample.

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.

(e)Post-race positive test.

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.

(f)Pre-race positive test.

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

(g)Practicing veterinarian.

A veterinarian who treats any race horse.

(h)The start of a racing program.

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

9 NYCRR 4236.2 - Restricted use of drugs, medication and other substances

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Drugs and medications are permitted to be used only in accordance with the following provisions:

(a)The following substances are permitted to be used at any time up to race time:

(1)topical applications (such as antiseptics, ointments, salves, DMSO, leg rubs, leg paints and liniments) which may contain antibiotics but do not contain benzocaine, steroids or other drugs; and

(2)antibiotics, vitamins, electrolytes, and other food supplements as long as they are administered orally and as long as they do not contain any other drug.

(b)Eligibility for the administration of furosemide.

(1)The administration of furosemide is permissible to a horse which has qualified for its use by any of the following means:

(i)the horse has bled visibly during a race or a workout, as determined by the association veterinarian; or

(ii)the horse has bled during a race or workout, as determined by endoscopic examination after the race or workout by an attending veterinarian; or

(iii)the horse has been qualified by the State veterinarian or a veterinarian employed by the racetrack for the administration of furosemide in another racing jurisdiction; or

(iv)the horse has raced on furosemide in its last race in a jurisdiction with rules substantially similar to New York State.

(2)If it is determined that a horse has qualified pursuant to paragraph (1) of this subdivision, and the owner or trainer elects to make the horse eligible for the administration of furosemide, the horse shall be placed on a list of horses that have bled, to be maintained by the association veterinarian and shall not be permitted to race for the following periods of time:

(i)1st time - 10 days after such episode of bleeding;

(ii)2nd time - 30 days after such episode of bleeding;

(iii)3rd time - 90 days after such episode of bleeding; and

(iv)4th time - one year after such episode of bleeding.

Such list shall be made available to the public for inspection.

(3)Eligibility to race on furosemide. For a horse to be eligible to race on furosemide, the trainer of that horse must file satisfactory documentation of eligibility pursuant to this rule with the association veterinarian on or before time of entry.

(4)Removal from the furosemide list. A horse which has been eligible for the administration of furosemide may be removed from the list, upon authorization from the stewards.

(5)Reinstatement to furosemide list. After removal from the furosemide list, a horse may be reinstated for the administration of furosemide if the horse again meets the requirements as set forth in paragraph (1) of this subdivision and such horse shall not be permitted to race for the specific time period as set forth in subparagraphs (2)(i) through (iv) of this subdivision.

(6)Administration of furosemide. For the purposes of this rule, furosemide shall be administered only in the following manner:

A single intravenous (IV) injection of no less than 250 milligrams (5cc) and no more than 500 milligrams (10cc) on the grounds of a licensed racing association or corporation during the time period from 4 to 4½ hours before the scheduled post time of the race in which the horse is to compete.

(7)Ineligibility to start. Any horse which is eligible for the administration of furosemide must be present on the grounds of the racing association or corporation no less than four hours prior to scheduled post time of the race in which the horse is scheduled to compete. A horse which is not present at least four hours prior to post time or which has not received the administration of furosemide pursuant to this rule shall be ineligible to start.

(c)The following substances may be administered by injection until 24 hours before the start of a racing program: antibiotics, tetanus antitoxin, electrolytes, vitamins, and other food supplements and body nutrients not containing procaine or other drugs. They may not be administered by injection (including intravenous injection known as jugging) within 24 hours of the start of a racing program.

(d)The following substances are permitted to be administered by any means until 48 hours before the start of a racing program:

(1)aminophylline or theophylline;

(2)arsenic solution (e.g., Fowlers Solution);

(3)aspirin or sodium thiosalicylate;

(4)chymotrypsin (e.g., Kymar);

(5)diuretics (e.g., furosemide [Lasix], except as otherwise provided pursuant to subdivision [b] of this section, thiazide derivatives [e.g., Diuril], trichlormethiazide and dexamethazone [e.g., Naquazone bolets]);

(6)epinephrine (adrena-line);

(7)selenium/vitamin E (e.g., E-Se);

(8)griseofulvin (e.g., Fulvicin);

(9)guaiacol derivatives (e.g., Guaifenesin, Ripercol-L);

(10)hormones and steroids (e.g., testosterone, progesterone, estrogens, chorionic gonadatropin, glucocorticoids [e.g., Prednisolone, Depomedrol] , and anabolic steroids [e.g., Equipoise]), except in conjunction with joint aspiration as restricted in subdivision (f) of this section;

(11)iodine injection (e.g., Hypodermin, Harvey' s Injectible Blister);

(12)methenamine (e.g., Urotropin);

(13)the following nonsteroidal anti-inflammatory drugs (NSAID's): Phenylbutazone (e.g., Butazolidin), Flunixin (e.g., Banamine), meclofenamic acid (Arquel), naproxen (e.g., Naprosyn, Equiproxen);

(14)orgotein (e.g., Palosein);

(15)hydroxychloroquine sulfate (e.g., Rheaform);

(16)sarapin;

(17)sulfonamide drugs (e.g., Sulfa); and

(18)biologics (e.g., bacterins, antitoxins except tetanus antitoxin).

They may not be administered within 48 hours of the start of a racing program. In this regard, substances ingested by a horse shall be deemed administered at the time of eating and drinking. It shall be part of the trainer's responsibility to prevent such ingestion within such 48 hours.

(e)The following substances may be administered by any means until 72 hours before the start of a racing program:

(1)antihistamines;

(2)ketamine hydrochloride;

(3)methocarbamol (e.g., Robaxin);

(4)pentazocine (e.g., Talwin);

(5)vermifuges (worm medicines), except phenothiazine; and

(6)xylazine (e.g., Rompun).

They may not be administered by any means within 72 hours of the start of a racing program. In this regard, substances ingested by a horse shall be deemed administered at the time of eating and drinking. It shall be part of the trainer's responsibility to prevent such ingestion within such 72 hours.

(f)No other drugs or medications (including procaine) may be administered by any means within one week of the start of a racing program. In addition, a horse which has had a joint aspirated (in conjunction with a steroid injection) may not race for at least five days following such procedure and whenever such procedure is performed, the trainer shall notify the judges of such fact, in writing, before the horse is entered to race.

(g)The listing, reference to, or denomination herein of any drug or other substance does not constitute endorsement, or recommendation by the commission for its use.

9 NYCRR 4236.3 - Other prohibitions

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

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

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

(a)use or possess any electrical device, “joint”, “battery”, electric prod, or any other electrical equipment or any mechanical or other appliance not generally accepted as regular racing equipment which can be used to stimulate, depress, goad, spur, retard or condition a horse during a race or during training. The use of ultrasonic, diathermy or other electro/medical equipment is permissible until 24 hours before the start of a racing program, and whirlpool until racetime. However, the judges may bar the possession or use of any specific equipment;

(b)freeze or ice or apply medicated packs to a horse's leg or legs within the paddock area;

(c)after a race administer any substance except water to a horse designated for testing before the horse has been released by the commission veterinarian; or

(d)administer a mixture of bicarbonate of soda and sugar in any of their forms in any manner to a horse within 24 hours of a racing program at which such horse is programmed to race. It shall be the trainer's responsibility to prevent such administration.

9 NYCRR 4236.4 - Trainer's responsibility

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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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 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.

9 NYCRR 4236.5 - Disqualification

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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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 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.

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