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 so long as they are administered orally and so 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 that has qualified for such 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 such veterinarian's 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 such horse's 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, to be maintained by the association veterinarian, of horses that have bled 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 that has been eligible for the administration of furosemide may be removed from the list, upon authorization from the stewards. The state steward may remove a horse from the list for the limited purpose of allowing the horse to compete in a race whose conditions forbid the administration of furosemide on race day.
(5) Reinstatement to furosemide list. After removal from the furosemide list, a horse may be reinstated for the administration of furosemide if
(i) the horse again meets the requirements set forth in paragraph (1) of this subdivision; or
(ii) the state steward at the request of the trainer after the race and without requiring the horse to meet the requirements set forth in paragraph (1) of this subdivision, reinstates a horse to the list following a removal that occurred pursuant to paragraph (4) of this subdivision.
Such horse shall not be permitted to race for the applicable time period set forth in paragraph (2) of this subdivision.
(6) Administration of furosemide. For the purposes of this subdivision, furosemide shall be administered only in the following manner:
(i) A single intravenous (IV) injection of no less than 150 milligrams (3cc) and no more than 500 milligrams (10cc) may be administered on the grounds of a licensed or franchised racing association or corporation during the time period from four to four and one-half hours before the scheduled post time of the race in which the horse is to compete.
(ii) The administration shall be made by a veterinarian who is approved by the commission and who does not perform other equine veterinary work for an owner or trainer who participates at such race meeting, except for urgent veterinary care in the capacity of a track veterinarian made available by the racetrack operator.
(7) Ineligibility to start. Any horse that 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 that is not present at least four hours prior to post time or that has not received the administration of furosemide pursuant to this subdivision shall be ineligible to start.
(c) The following substances may be administered by any means except by joint injection 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) Nonsteroidal anti-inflammatory drugs (NSAIDs). One clinical dose of either flunixin (e.g., Banamine), ketoprofen (e.g., Orudis) or phenylbutazone (e.g., Butazolidin) is permitted to be administered in a single intravenous injection until 48 hours before the scheduled post time of the race in which the horse is to compete.
(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) orgotein (e.g., Palosein);
(15) hydroxychloroquine sulfate (e.g., Rheaform);
(16) sarapin;
(17) sulfonamide drugs (e.g., Sulfa);
(18) biologics (e.g., bacterins, antitoxins except tetanus antitoxin); and
(19) an oral or intravenous administration of dimethyl sulfoxide (i.e., DMSO).
(20) an oral or intervenous administration of dimethyl sulfoxide (i.e., DMSO).
None of these substances may be administered within 48 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 48 hours.
(f) The following substances may be administered by any means except by joint injection 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.
None of these substances may be administered within 72 hours of the start 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 72 hours.
(g) The following substances are permitted to be administered by any means except by joint injection until 96 hours before the scheduled post time 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 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 prednisolone or dexamethasone;
(2) for at least 14 days following a joint injection;
(3) for at least 14 days following an administration of clenbuterol or firocoxib.
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. The following corticosteroids may be administered only by means of a joint injection: betamethasone, isoflupredone, any formulation of methylprednisolone and any formulation of triamcinolone.
(j) The listing, reference to, or denomination herein of any drug or other substance does not constitute endorsement or recommendation by the commission for the use of such drug.
(k) A horse may not race after an administration of methylprednisolone acetate unless such horse subsequently tests below the threshold set forth in section 4043.3 of this Part for such drug in a test conducted by or for the commission at the sole expense of the trainer of the horse; and is released to race by the stewards.
Credits
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. March 21, 2012; emergency rulemaking eff. Dec. 12, 2012, expired; emergency rulemaking eff. Dec. 11, 2012, expired March 10, 2013; emergency rulemaking eff. March 14, 2013, expired May 12, 2013; emergency rulemaking eff. May 14, 2013, expired July 12, 2013; emergency rulemaking eff. July 12, 2013, expired; amd. filed Aug. 6, 2013 eff. Aug. 21, 2013; emergency rulemaking eff. July 9, 2013, expired; amd. filed Sept. 10, 2013 eff. Sept. 25, 2013; amd. filed Dec. 16, 2014 eff. Jan. 1, 2015; amd. filed Jan. 26, 2016 eff. Feb. 10, 2016; amd. filed July 26, 2016 eff. Aug. 10, 2016; amd. filed Jan. 23, 2018 eff. Feb. 7, 2018; amd. filed May 19, 2020 eff. June 3, 2020; amd. filed Dec. 1, 2020 eff. Dec. 16, 2020; amd. filed Aug. 19, 2021 eff. Oct. 8, 2021.