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Compilation of Codes, Rules and Regulations of the State of New York. Title 9. Executive Department. Subtitle T. New York State Racing and Wagering Board. Chapter I. Racing. Subchapter A. State Racing Commission. Article 2. Rules of Racing. Part 4043. Drugs Prohibited and Other Prohibitions. Section 4043.2. Restricted use of drugs, medication and other substances



Country of Origin: United States - New York

Agency of Origin: NEW YORK STATE RACING AND WAGERING BOARD

National Citation: N.Y. Comp. Codes R. & Regs. tit. 9, 4043.2

Agency Citation:

Printable Version 9 NY ADC 4043.2


Last checked by Web Center Staff: 06/2013


Summary:   This regulation states which drugs and medications are permitted to be used in racehorses in New York, and how and when they may be administered.
Material in Full:

Amended 2013:

2013 NY REG TEXT 318047 (NS)

New York Regulation Text - Netscan
9 NYCRR 4043.2, 4
Emergency Rulemakings
May 29, 2013
Executive Department

Implementation of Substantive Changes and Procedures Pertaining to Equine Drugs and Reporting Requirements for Thoroughbreds

To protect the health and safety of thoroughbred race horses, jockeys and exercise riders.

Subdivision (g) of Section 4043.2 of 9 NYCRR is amended as follows:

9 NYCRR 4043.2

9 NYCRR 4043.2 Restricted use of drugs, medication and other substances.

(g) The following substances are permitted to be administered by any means until 96 hours before the scheduled post time of the race in which the horse is to compete:

(1) acepromazine;

(2) albuterol;

(3) atropine;

(4) butorphanol;

[(5) clenbuterol;]

[(6)]_(5)_ detomidine;

[(7)]_(6)_ glycopyrrolate;

[(8)]_(7)_ guaifenesin;

[(9)]_(8)_ hydroxyzine;

[(10)]_(9)_ isoxsuprine;

[(11)]_(10)_ lidocaine;

[(12)]_(11)_ mepivicaine;

[(13)]_(12)_ pentoxifylline;

[(14)]_(13)_ phenytoin;

[(15)]_(14)_ pyrilamine;

[(16)]_(15)_ xylazine.

[They] _Such substances_ may not be administered within 96 hours of the scheduled post time of the race in which the horse is to compete. 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 [96 hours] _96-hour period_.

Paragraph 9 of Subdivision (e) of Section 4043.2 of 9 NYCRR is amended as follows:

(9) hormones [and steroids] (e.g., [testosterone, progesterone, estrogens,] chorionic gonadatropin[, glucocorticoids])[, except in conjunction with joint aspiration as restricted in subdivision (i) of this section; the use of anabolic steroids is governed by section 4043.15 of this Part];

Subdivision (i) of Section 4043.2 of 9 NYCRR is amended to read as follows:

(i) 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 stewards of such fact, in writing, before the horse is entered to race] _ the following periods of time_:

_(1) for at least five days following a systemic administration of a corticosteroid;_

_(2) for at least seven days following a joint injection of a corticosteroid; and_

_(3) for at least 14 days following an administration of clenbuterol. 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 time periods_.

Former Text:

EMERGENCY REGULATION

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 or by their nature, exhibit drug-like actions or properties.

(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 an attending veterinarian based upon his/her clinical assessment of the horse which may or may not include an endoscopic examination after the race or workout; 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 set forth in paragraph (1) of this subdivision and such horse shall not be permitted to race for the applicable time period 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 150 milligrams (3cc) and no more than 500 milligrams (10cc) on the grounds of a licensed or franchised racing association or corporation during the time period from 4 to 4 1/2 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 any means until 24 hours before the scheduled post time of the race in which the horse is to compete:

(1) antibiotics;

(2) sulfa-expectorants (e.g.,sulfa-methoxypyridazine);

(3) tetanus antitoxin;

(4) electrolytes, vitamins, and other food supplements and body nutrients not containing perocaine or other drugs;

(5) omeprazole;

(6) cimetidine;

(7) ranatidine;

(8) sucralfate.

They may not be administered by any means within 24 hours of the scheduled post time of the race in which the horse is to compete. 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 24 hours.

(d) The following non-steroidal anti-inflammatory drug may be administered by intravenous injection until 24 hours before the scheduled post time of the race in which the horse is to compete.

(1) flunixin.

(e) The following substances are permitted to be administered by any means until 48 hours before the scheduled post time of the race in which the horse is to compete:

(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];

(6) epinephrine (adrenaline);

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

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

(9) hormones (e.g., chorionic gonadatropin);

(10) hyaluronic acid derivatives;

(11) immuno stimulants;

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

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

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

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

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

(17) sarapin;

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

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

They may not be administered within 48 hours of the scheduled post time of the race in which the horse is to compete, except that phenylbutazone or flunixin may be used in accordance with the specific authorization set forth in subdivision (d) of this section. 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.

(f) The following substances may be administered by any means until 72 hours before the scheduled post time of the race in which the horse is to compete:

(1) antihistamines;

(2) dantrolene;

(3) ketamine hydrochloride;

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

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

(6) trichloromethiazide; and

(7) vermifuges (worm medicines), except phenothiazine;

They may not be administered within 72 hours of the start the scheduled post time of the race in which the horse is to compete. 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.

(g) The following substances are permitted to be administered by any means until 96 hours before the scheduled post time of the race in which the horse is to compete:

(1) acepromazine;

(2) albuterol;

(3) atropine;

(4) butorphanol;

(5) detomidine;

(6) glycopyrrolate;

(7) guaifenesin;

(8) hydroxyzine;

(9) isoxsuprine;

(10) lidocaine;

(11) mepivicaine;

(12) pentoxifylline;

(13) phenytoin;

(14) pyrilamine;

(15) xylazine.

Such substances may not be administered within 96 hours of the scheduled post time of the race in which the horse is to compete. 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 96-hour period.

(h) No other drugs or medications (including procaine) may be administered by any means within one week of the scheduled post time of the race in which the horse is to compete. 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 one-week period.

(i) In addition, a horse may not race for the following periods of time:

(1) for at least five days following a systemic administration of a corticosteroid;

(2) for at least seven days following a joint injection of a corticosteroid; and

(3) for at least 14 days following an administration of clenbuterol.

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 time periods.

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

Sec. filed June 4, 1982; amds. filed: Aug. 8, 1995; June 16, 2005 as emergency measure, expired 90 days after filing; Sept. 23, 2005 as emergency measure; Dec. 19, 2005 eff. Jan. 4, 2006; Dec. 23, 2005 as emergency measure eff. Dec. 23, 2005; amd. filed Dec. 16, 2008 eff. Jan. 1, 2009; amd. filed Feb. 29, 2012 eff. Mar. 21, 2012; emergency rulemaking eff. Dec. 12, 2012, expired; emergency rulemaking eff. Dec. 11, 2012, expired Mar. 10, 2013; emergency rulemaking eff. Mar. 14, 2013, expired May 12, 2013; emergency rulemaking eff. May 14, 2013, expires July 12, 2013.

Current through amendments included in the New York State Register, Volume XXXV, Issue 26, dated June 26, 2013.

 



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