Section R19-2-120. Veterinary Practices, Animal Medication, and Animal Testing

A.      Veterinary practices.

1.        The state veterinarian and stewards have authority over a veterinarian licensed by the Department and practicing at a location under the Department’s jurisdiction. The state veterinarian shall inform the stewards or Department of a licensed veterinarian who violates A.R.S. Title 5, Chapter 1 or this Chapter.

2.        Treatment restrictions.

a.         The Department shall authorize only a veterinarian licensed under A.R.S. Title 32, Chapter 21 and by the Department to administer a prescription or con- trolled medication, drug, or other substance, includ- ing a medication, drug, or other substance administered by injection, to a horse at a location under the Department’s jurisdiction.

b.        Subsection (A)(2)(a) does not apply to administra- tion of the following substances if the substances are administered in levels that do not interfere with post- race testing:

i.         A non-injectable nutritional supplement or other substance approved by the state veterinar- ian;

ii.        A non-injectable substance on direction or by prescription of a licensed veterinarian; or

iii.      A non-injectable, non-prescription, substance.

c.         A licensee shall not possess a hypodermic needle, syringe, or other injectable device at a location under the Department’s jurisdiction unless the hypo- dermic needle, syringe, or other injectable device has been approved by the Department. At a location under the Department’s jurisdiction, a veterinarian shall use only one-time use, disposable, hypodermic needles and shall dispose of used needles in a man- ner approved by the Department.

d.        A licensee who has a medical condition that makes it necessary for the licensee to have a hypodermic nee- dle, syringe, or other injectable device at a location under the Department’s jurisdiction shall make a written request for permission to the stewards or Department before bringing the device to a location under the Department’s jurisdiction. The licensee shall attach to the written request for permission a letter from a licensed physician explaining why it is necessary for the licensee to possess the device and shall comply with all conditions and restriction established by the stewards or Department.

e.         A private veterinarian employed by a horse owner

shall not have contact with an entered horse on race day before the race in which the horse is entered except to administer furosemide according to stan- dards established in this Section or if the contact is approved by the state veterinarian.

f.         The trainer or owner of an entered horse shall ensure that the horse is present at a location under the Department’s jurisdiction at least five hours before post time of a race in which the horse is entered.

g.        Notwithstanding the provisions of this Section, any

veterinarian may treat a horse if an emergency involving the life or health of the horse exists.

3.        Veterinarians’ records.

a.         A veterinarian who treats a horse or performs another professional service at a location under the Department’s jurisdiction or who treats a horse that is actively participating in a race meet even if the treatment is provided at a location not under the Department’s jurisdiction, shall ensure that a treat- ment record is maintained on all horses for which the veterinarian prescribes, administers, or dispenses medication or performs other professional services. The veterinarian shall ensure that the treatment record includes at least the following information:

i.         Name of horse treated;

ii.        Name of medication, drug, or substance admin- istered or prescribed and description of any other professional service performed;

iii.      Date and time of treatment;

iv.       Name of the horse’s trainer;

v.        Other information requested by the state veteri- narian; and

vi.       The treating veterinarian’s signature.

b.        The veterinarian shall ensure that treatment records are current at all times and make the treatment records available to the stewards or Department within 24 hours after a request is made. The veteri- narian shall retain the treatment records for at least one year after the date of treatment.

c.         The veterinarian shall retain a copy of all bills or

statements provided to the owner or trainer of a treated horse for at least one year after the date of treatment and make the copies available to the Department within 48 hours after a request is made.

B.       Prohibited practices.

1.        A licensee shall not possess or use a medication, drug, or substance at a location under the Department’s jurisdic- tion if:

a.         There is no recognized analytical method to detect and confirm that the medication, drug, or substance has been administered to a horse;

b.        Use of the medication, drug, or substance may:

i.         Endanger the health and welfare of the horse to which it is administered,

ii.        Endanger the safety of the rider of the horse to which it is administered, or

iii.      Adversely affect the integrity of racing; or

c.         The medication, drug, or substance has not been approved by the U.S. Food and Drug Administration for human or animal use and the Department has not approved use of the medication, drug, or substance.

2.        A licensee shall not possess or use a blood doping agent, including but not limited to the following, at a location under the Department’s jurisdiction:

a.         Erythropoietin,

b.        Darbepoetin,

c.         Oxyglobin®,

d.        Hemopure®,

e.         ITPP, or

f.         AICAR.

3.        A veterinarian who uses extracorporeal shock wave or radial pulse wave therapy on a horse at a location under the Department’s jurisdiction shall ensure that all of the

following conditions are met:

a.         The veterinarian is licensed under A.R.S. Title 32, Chapter 21 and by the Department;

b.        The veterinarian informs the Department of the plan to use an extracorporeal shock wave or radial pulse wave therapy machine before the machine is used at a location under the Department’s jurisdiction;

c.         An extracorporeal shock wave or radial pulse wave therapy treatment is reported to the state veterinarian on a form prescribed by the Department no later than 24 hours after the time of treatment; and

d.        A horse treated with extracorporeal shock wave therapy or radial pulse wave therapy does not race for at least 10 days following treatment.

4.        A licensee shall not use a nasogastric tube that is longer than six inches to administer a medication, drug, or other substance to a horse within 24 hours before post time of a race in which the horse is entered without permission of the state veterinarian.

5.        A licensee shall not participate in chemical or surgical desensitizing of the nerves of a horse intended to be entered in a race at a location under the Department’s jurisdiction.

a.         The racing secretary shall not accept registration papers for a desensitized horse,

b.        A licensee shall not enter a desensitized horse in a race at a location under the Department’s jurisdic- tion, and

c.         A licensee shall not race a horse that is desensitized at the time the horse arrives at the receiving barn or saddling paddock.

C.      Drug classification and penalties.

1.        If the stewards determine that a licensee has violated this Section, the stewards shall consult the Uniform Classifi- cation Guidelines of Foreign Substances and Recom- mended Penalties and the model rule, both of which are established by the Association of Racing Commissioners International (ARCI). After determining the classification level of the violation, the stewards shall impose a penalty on the licensee.

2.        The stewards shall investigate an alleged violation of this Section and determine a penalty on a case-by-case basis. The stewards shall consider at least the following factors when determining the penalty to impose:

a.         The disciplinary record of the licensee involving a medication, drug, or substance;

b.        The potential of the medication, drug, or substance to influence a horse’s racing performance;

c.         The legal availability of the medication, drug, or substance;

d.        Whether there is reason to believe the responsible licensee knew of the administration of the medica- tion, drug, or substance or intentionally administered the medication, drug, or substance;

e.         The steps taken by the trainer to safeguard the horse to which the medication, drug, or substance was administered;

f.         The probability of environmental contamination or inadvertent exposure due to human drug use;

g.        The purse of the race in which the affected horse was entered;

h.        Whether the medication, drug, or substance found was one for which the horse was receiving a treat- ment as disclosed to the Department;

i.         Whether there was a suspicious betting pattern in the race in which the affected horse was entered; and

j.         Whether the licensed trainer was acting under the

advice of a licensed veterinarian.

3.        In making a penalty decision under this subsection, the stewards shall distinguish between a medication, drug, or substance that is routinely used to treat a horse and a medication, drug, or substance for which there is no rea- son that the medication, drug, or substance should be

found in any concentration in a test sample taken from a horse on race day.

4.        If a licensed veterinarian administers or prescribes a med- ication, drug, or substance that is not listed in materials identified in subsection (C)(1), the licensed veterinarian shall timely forward the identity of the medication, drug, or substance to the ARCI Drug Testing Standards and Practices Committee or the Racing Medication and Test- ing Consortium for classification.

5.        The Department shall classify a medication, drug, or sub- stance or a metabolite of the medication, drug, or sub- stance found in a pre- or post-race sample that is not classified in the materials identified in subsection (C)(1) as ARCI Class 1 and impose a penalty commensurate with the Class 1 classification on the trainer or owner of the horse from which the sample was taken unless the trainer or owner provides information from the ARCI Drug Testing Standards and Practices Committee or the Racing Medication and Testing Consortium that a differ- ent classification is applicable.

6.        The Department shall provide written notice of a hearing to a licensee alleged to be involved in a violation of this Section. The Department shall provide an opportunity for the licensee to attend the hearing and written notice of the Department’s order.

7.        In addition to a penalty issued by the stewards or the Department, the Department shall refer a veterinarian found to be involved in the administration of a medica- tion, drug, or substance carrying a category “A” penalty, as specified in the materials identified in subsection (C)(1), to the Veterinary Medical Examining Board for consideration of further disciplinary action.

8.        If the stewards or Department believe a licensee may have committed an act that violates state criminal law, the Department shall make a referral to an appropriate law enforcement agency. Administrative action taken by the stewards or Department does not prohibit criminal prose- cution. Criminal prosecution does not prohibit adminis- trative action by the stewards or Department.

9.        If the license of a trainer is suspended, the suspended trainer shall not benefit financially during the period of suspension by transferring the custody, care, and control of a horse to another person. The Department shall approve all transfers of the custody, care, and control of a horse from one person to another.

D.      Prohibited medications.

1.        If the official laboratory finds a prohibited medication, drug, or other substance in a sample from a horse, the Department shall view this as prima facie evidence that the prohibited medication, drug, or other substance was administered to the horse. If a prohibited medication, drug, or other substance is found in a sample from a horse after the horse has raced, the Department shall conclude that the prohibited medication, drug, or substance was present in the horse’s body while the horse participated in the race.

2.        The following medications, drugs, and substances are prohibited:

a.         A medication or drug for which no acceptable threshold concentration has been established,

b.        A therapeutic medication in excess of the estab- lished threshold concentration,

c.         A substance present in a horse in excess of the con- centration at which the substance could occur natu- rally, and

d.        A substance foreign to a horse present at a concen- tration that could interfere with testing procedures.

3.        Except as otherwise provided in this Chapter, a licensee shall not administer or cause to be administered to a horse a prohibited medication, drug, or other substance during the 24 hours before post time for a race in which the horse is entered.

E.       Medical labeling.

1.        Except as provided in subsection (E)(2), a licensee at a

location under the Department’s jurisdiction shall not have in the licensee’s personal property, including a vehi- cle, or under the licensee’s care, custody, or control, a medication, drug, or other substance that is prohibited in a horse on a race day unless the medication, drug, or other substance is prescribed and labeled as specified in sub- section (E)(3).

2.        Subsection (E)(1) does not apply to a veterinarian licensed under A.R.S. Title 32, Chapter 21 and this Chap- ter.

3.        A licensed veterinarian shall ensure that a prescription is issued for a medication, drug, or other substance that is used or kept at a location under the Department’s jurisdic- tion if federal or state law requires a prescription for the medication, drug, or other substance. The licensed veteri- narian shall ensure that the medication, drug, or other substance has a securely attached prescription label con- taining the following information:

a.         Name of the medication, drug, or other substance;

b.        Name, address, and telephone number of the veteri- narian prescribing or dispensing the medication, drug, or other substance;

c.         Name of the horse for which the medication, drug, or other substance is prescribed;

d.        Dose, dosage, duration of treatment, and expiration date of the prescribed medication, drug, or other substance; and

e.         Name of the licensee to whom the medication, drug,

or other substance is dispensed.

F.       Non-steroidal anti-inflammatory drugs (NSAIDs).

1.        A licensee who determines it is necessary to administer a NSAID to a horse, shall ensure that only the following NSAIDs are used:

a.         Phenylbutazone,

b.        Flunixin, or

c.         Ketoprofen.

2.        A licensee who administers one of the NSAIDs listed in subsection (F)(1) to a horse shall ensure that:

a.         The administration occurs at least 24 hours before the post time for a race in which the horse is entered; and

b.        The serum or plasma threshold concentration of the NSAID does not exceed the following, which is con- sistent with administration of a single intravenous injection:

i.         Phenylbutazone – 5 micrograms per milliliter;

ii.        Flunixin – 20 nanograms per milliliter; and

iii.      Ketoprofen – 10 nanograms per milliliter.

3.        A licensee shall ensure that administration of more than one of the NSAIDs listed in subsection (F)(1) to a horse is discontinued at least 48 hours before the post time for a race in which the horse is entered.

4.        A licensee shall not administer a NSAID to a horse within

24 hours before post time for a race in which the horse is entered.

entered horse only after the state veterinarian places the horse on the Furosemide List.

2.        The following procedure applies to place a horse on or take a horse off the Furosemide List:

a.         If the horse’s trainer and veterinarian determine that it is in the horse’s best interest to race with furose- mide, the trainer and veterinarian shall notify the state veterinarian or designee, using a form pre- scribed by the Department, and request that the horse be placed on the Furosemide List;

b.        The horse’s trainer and veterinarian shall ensure that the state veterinarian or designee receives the notice required under subsection (G)(2)(a) no later than the time for entering the horse in a race;

c.         After a horse is placed on the Furosemide List, the horse shall remain on the list until the horse’s trainer and veterinarian submit a written request  for removal to the state veterinarian, using a form pre- scribed by the Department. The horse’s trainer and veterinarian shall ensure that the required request for removal is submitted no later than the time for enter- ing the horse in a race;

d.        After a horse is removed from the Furosemide List, the state veterinarian shall not allow the horse to be placed on the Furosemide List for 60 days unless the state veterinarian determines that failure to put the horse on the Furosemide List is detrimental to the welfare of the horse;

e.         If a horse is removed from the Furosemide List a second time in 365 days, the state veterinarian shall not allow the horse to be placed on the Furosemide List for 90 days; and

f.         The state veterinarian shall ensure that the provi- sions in subsections (G)(2)(d) and (e) are not applied to a horse that was mandated by the conditions of entry to race without furosemide in the horse’s pre- vious race. The horse may be placed on the Furose- mide List, at the election of the horse’s trainer or veterinarian, by following the procedures in subsec- tions (G)(2)(a) and (b).

3.        On request by the Department, a veterinarian who admin- isters furosemide to a horse shall surrender the syringe used in the administration for testing.

4.        A veterinarian shall administer furosemide to a horse only at a location under the Department’s jurisdiction.

5.        If a location under the Department’s jurisdiction is used for administration of furosemide, the trainer or veterinar- ian of a horse to which furosemide is to be administered shall ensure that the following conditions are met:

a.         The horse is on the Furosemide List;

b.        The horse is brought to the detention barn at least four hours before post time of a race in which the horse is entered;

c.         The furosemide is administered no fewer than four hours before post time of a race in which the horse is

5.        The Department shall subject a horse to which a NSAID has been administered to post-race blood or urine sam-

entered;

d.        The dose

of furosemide administered is between 150

pling supervised by the state veterinarian. The Depart- ment shall ensure that the samples are tested to determine

mg. and 500 mg.;

e.         The dose of furosemide

is administered by a single,

the quantitative NSAID level and whether other medica- tions, drugs, or substances are present. The Department

intravenous injection; and

f.         After  the  furosemide   is

administered,  the  horse

shall take disciplinary action against the horse’s trainer if the test results show:

a.         The presence of more than one of the NSAIDs listed

remains in the detention barn in the care, custody,

and control of the horse’s trainer and under Depart- ment supervision until called to the saddling pad-

in subsection (F)(1) unless the second NSAID is

dock.

6.        Afte

mide is administered, the trainer or veterinar-

Phenylbutazone in a concentration of less than .5 micrograms per milliliter of serum or plasma or Flu-

ian

r furose

of the treated horse shall deliver the following infor-

nixin in a concentration of less than 5 nanograms per milliliter of serum or plasma; or

b.        A NSAID not listed in subsection (F)(1).

G.      Furosemide.

mation to the state veterinarian, at least three hours before

post time for a race in which the horse is entered, under oath and on a form prescribed by the Department:

a.         Name of the horse to which furosemide was admin-

1.        Unless  the  state  veterinarian   instructs  otherwise,  a licensee shall administer furosemide intravenously to an

istered,

b.        Name of race,

the track at which the horse is entered to

c.         Date and time the furosemide was administered,

d.        Dosage of furosemide administered,

e.         Side  of  the  horse  in  which  the   furosemide  was administered, and

f.         Printed name and signature of the veterinarian who administered the furosemide.

7.        The state veterinarian shall ensure that a post-race urine, serum, or plasma sample from a horse is tested to deter- mine the concentration of furosemide in the horse. If a horse was scheduled to race with furosemide, the post- race testing shall show:

a.         A specific gravity of urine of 1.010 or greater, or

b.        A concentration of no more than 100 nanograms of furosemide per milliliter of serum or plasma.

H.      Bleeder list.

1.        The state veterinarian or designee shall maintain a Bleeder List of all horses, regardless of age, for which the state veterinarian or designee observes external evidence of exercise-induced pulmonary hemorrhage from one or both nostrils during or after a race or workout.

2.        A horse placed on the Bleeder List shall be ineligible to race for the following periods:

a.         First incident – 10 days;

b.        Second incident within a 365-day period – 60 days;

c.         Third incident within a 365-day period – 180 days; and

d.        Fourth incident within a 365-day period – lifetime bar from racing.

3.        For the purpose of counting the number of days a horse is ineligible to run, the day the veterinarian witnessed the horse bleed externally is the first day of the required recovery period.

4.        The state veterinarian or designee shall not place a horse on the Bleeder List if furosemide is voluntarily adminis- tered to the horse under subsection (G) without an exter- nal bleeding incident.

5.        The Department shall authorize only the state veterinar- ian to remove a horse from the Bleeder List. To remove a horse from the Bleeder List, the state veterinarian shall certify the recommendation for removal in writing to the stewards.

6.        The state veterinarian or designee shall place a horse on the Bleeder List if the horse has been placed on a Bleeder List in another jurisdiction.

I.        Anti-ulcer medications. A veterinarian who determines it is necessary to administer an anti-ulcer medication to a horse shall administer one of the following anti-ulcer medications, at the stated dosage, no less than 24 hours before post time for a race in which the horse is entered:

1.        Cimetidine (Tagamet®) – 8 to 20 mg/kg PO BID-TID;

2.        Omeprazole (Gastrogard®) – 2.2 Grams PO SID; or

3.        Ranitidine (Zantac®) – 8 mg/kg PO BID.

J.        Environmental contaminants and substances of human use.

1.        The Department shall take disciplinary action against a trainer responsible for a horse that has more than 100 nanograms of caffeine in a milliliter of serum or plasma at the time of a pre- or post-race test.

2.        If a preponderance of the evidence presented during a hearing shows that a positive test conducted on a horse results from environmental contamination or inadvertent exposure to human use of a medication, drug, or other substance, the Department shall consider the evidence as a mitigating factor in determining the disciplinary action to take against the affected trainer.

K.      Androgenic-anabolic steroids (AAS).

1.        The Department shall take disciplinary action against a trainer responsible for a horse if a urine test conducted on the horse shows:

a.         The presence of an AAS other than those listed in subsection (K)(2), or

b.        A concentration of an AAS listed in subsection (K)(2) greater than the threshold concentration listed in subsection (K)(2).

2.        The Department shall permit the presence of the follow-

ing AAS at a concentration at or less than the indicated threshold in the urine of a horse:

a.         16β-hydroxystanozolol (metabolite of stanozolol (Winstrol) in all horses regardless of sex - 1 ng/ml in urine or 100 pg/ml in serum or plasma;

b.        Boldenone (Equipoise® is the undecylenate ester of boldenone) in:

i.         Male horses other than geldings – 15 ng/ml in urine or 100 pg/ml in serum or plasma; and

ii.        Geldings and female horses –  100 pg/ml  in serum or plasma;

c.         Nandrolone (Durabolin® is the phenylproprionate ester and Deca-Durabolin® is the decanoate ester) in:

i.         Geldings, fillies, and mares – 1 ng/ml in urine or 100 pg/ml in serum or plasma; and

ii.        Intact males -- 500 pg/ml in serum or plasma; and

d.        Testosterone in:

i.         Geldings – 20 ng/ml in urine;

ii.        Fillies and mares – 55 ng/ml in urine or 100 pg/ ml in serum or plasma; and

iii.      Intact males – 2,000 pg/ml in serum or plasma.

3.        The state veterinarian shall ensure that a urine sample is identified with the sex of the horse from which the urine sample was obtained before the urine sample is for- warded to the official laboratory for testing.

4.        The state veterinarian shall place a horse to which an AAS has been administered to assist in recovery from ill- ness or injury on the Veterinarian’s List to allow concen- tration of the AAS or metabolite in the horse’s urine to be monitored. The state veterinarian may remove the horse from the Veterinarian’s List when the concentration of the AAS or metabolite in urine is less than the threshold indi- cated in subsection (K)(2).

L.       TCO2 testing and procedures

1.        A steward or Department veterinarian may order that a blood sample be collected from a horse before or after a race to determine the TCO2 concentration in the serum or plasma of the horse. If it is determined that testing for TCO2 concentration is necessary, the state veterinarian shall ensure that the following procedure is used:

a.         The state veterinarian shall ensure that at least two tubes of blood are obtained from the horse for TCO2 testing;

b.        If the owner or trainer of a horse to be tested for TCO2 concentration wishes to have split sample testing performed, the owner or trainer shall request the split sample testing before the sample is col- lected;

c.         The owner or trainer of a horse to be tested for TCO2 concentration who requests split sample test- ing shall pay all costs related to obtaining, handling, shipping and analyzing the split;

d.        If the official laboratory determines that the concen- tration of TCO2 in the blood of a horse exceeds 37 millimoles per liter, the official laboratory shall inform the Department immediately of the positive finding; and

e.         If the Department, in its discretion, determines the split sample cannot be tested within five days after the sample is collected, the determination of TCO2 concentration made by the official laboratory is final.

2.        The stewards shall declare a horse ineligible to race if the owner, trainer, or other person responsible for the horse refuses or fails to permit a blood sample to be collected from the horse.

3.        If the result obtained by the official laboratory shows that a horse has a concentration of TCO2 greater than 37 mil- limoles per liter and the owner or trainer of the horse cer- tifies in writing to the stewards within 24 hours after receiving notice of the test result that the concentration is

normal for the horse, the owner or trainer may request that the horse be held in quarantine. If quarantine is requested, the permittee shall make guarded quarantine available for the horse for a period up to 72 hours as determined by the stewards.

a.         The owner or trainer of the horse shall pay all expenses associated with maintaining the quaran- tine;

b.        During quarantine, the state veterinarian shall ensure that the horse’s TCO2 concentration is re-tested;

c.         The stewards shall not allow the horse to race during the quarantine period but may allow the horse to be exercised and trained at times and in a manner that allows monitoring of the horse by the Department;

d.        The stewards shall ensure that the horse is fed only hay, oats, and water during the quarantine period; and

e.         If the state veterinarian is satisfied that the horse’s TCO2 concentration, as registered in the original test, is physiologically normal for the horse, the stewards shall:

i.         Permit the horse to race; or

ii.        Require that the quarantine procedure in this subsection be repeated to verify that the horse’s TCO2 concentration is physiologically normal.

M.     Blood- and gene-doping agents.

1.        The Department may subject a horse at a location under the Department’s jurisdiction or under the care or control of a licensee to testing for blood- and gene-doping agents.

2.        The state veterinarian is authorized to:

a.         Take a urine, blood, or hair sample from a horse to test for blood- and gene-doping agents;

b.        Select a horse for testing at random or with probable cause; and

c.         Conduct the sampling at any time without advance notice.

3.        The Department shall take disciplinary action against a licensee responsible for a horse if the results of a test con- ducted on a sample obtained under subsection (M)(2) shows the presence of:

a.         Blood-doping agents including, but not limited to, Erthropoietin (EPO), Darbepoetin, Oxyglobin, Hemopure, Aransep, or any substance that abnor- mally enhances oxygenation of body tissues; or

b.        Gene-doping agents or the non-therapeutic use of genes, genetic elements, or cells that have the capac- ity to enhance athletic performance or produce anal- gesia.

4.        Subsection (M)(3) does not apply to a therapeutic medi- cation that has been approved by the U.S. Food and Drug Administration for use in a horse.

5.        A licensee at a location under the Department’s jurisdic-

tion shall cooperate with a veterinarian acting under sub- section (M)(2) by:

a.         Assisting to locate and identify a horse selected for testing,

b.        Providing a stall or other safe location at which sam- ples can be collected, and

c.         Assisting the veterinarian to procure a sample prop- erly.

6.        A veterinarian who obtains a sample under subsection (M)(2) shall split the sample as described in subsection (N).

N.      Testing.

1.        Reporting to the test barn.

a.         The trainer of an official winning horse, or a desig- nee of the trainer, shall take the horse to the test barn immediately after the race to have blood and urine samples taken.

b.        The Department or stewards shall order random or extra testing of any horse at a location under the Department’s jurisdiction if the Department or stew- ards determine that the testing is in the best interest

of racing. The trainer of a horse ordered to testing, or a designee of the trainer, shall take the horse directly, or at a time designated by the stewards or state veter- inarian, to the test barn to have blood and urine sam- ples taken.

c.         A track security guard shall monitor access to the test-barn area  during and immediately  after  each race. A person who wishes to enter the test-barn area shall:

i.         Be at least 18 years old,

ii.        Be currently licensed by the Department,

iii.      Display an identification badge issued by the Department, and

iv.       Have a reason to be in the test-barn area that the track security guard determines is legitimate.

2.        Sample collection.

a.         The state veterinarian or designee shall take blood and urine samples from a horse.

b.        The state veterinarian shall ensure that blood sam- ples are taken at a consistent time, preferably within one hour after a race.

c.         The state veterinarian shall determine the minimum sample required for testing by the official labora- tory:

i.         If the sample obtained is less than the minimum required, the state veterinarian shall send the entire sample to the official laboratory;

ii.        If the sample obtained is more than the mini- mum required but less than twice the minimum required, the state veterinarian shall secure the portion of the sample that is greater than the minimum required as a split sample; and

iii.      If the sample obtained is more than twice the minimum required, the state veterinarian shall secure a portion of the sample equal to the min- imum required as a split sample.

3.        Storage and shipment of split samples.

a.         The state veterinarian shall secure a split sample obtained under subsection (N)(2)(c) and make the split sample available for testing.

b.        To secure a split sample, the state veterinarian shall:

i.         Maintain the split sample in the test barn in the same manner as the portion of the sample from which it is split;

ii.        Transfer the split sample to a freezer at a secure location approved by the Department when the portion of the sample from which it is split is packaged and shipped to the official laboratory;

iii.      Ensure that the split-sample freezer is closed and locked except when depositing or remov- ing a split sample, conducting inventory of split samples, or checking the condition of split sam- ples;

iv.       Maintain a log that specifies the following information for each time the split-sample freezer is opened: name of each person present; purpose of opening the freezer; identification of the split sample deposited or removed; date and time the freezer is opened; time the freezer is closed; and verification that both locks were secure before and after opening the freezer; and

v.        Document in the log and report immediately to the Department any evidence that the split-sam- ple freezer malfunctioned or split samples are not frozen.

c.         If the official laboratory determines that a sample submitted under this subsection tests positive for a foreign substance, the trainer or owner of the horse from which the sample was obtained may, within 72 hours, deliver a written request to the stewards that the sample split from the sample for which the posi- tive result was obtained be sent for testing by a Department-approved  laboratory  selected  by  the

trainer or owner. The trainer or owner who requests that a split sample be tested shall:

i.         Witness the split sample being removed from the split-sample freezer, packed for shipping, and transferred to the carrier charged with delivery of the package;

ii.        Be allowed to inspect the package containing the split sample to verify that the package has not been tampered with before transfer to the carrier charged with delivery of the package and is correctly addressed to the Department- approved laboratory selected by the trainer or owner;

iii.      Sign a form provided by the Department verify- ing that the rights described under subsections (N)(3)(c)(i) and (ii) have been provided; and

iv.       Pay for shipping and testing the split sample.

d.        A trainer or owner who fails to appear at the time and place designated by the state veterinarian to wit- ness a split sample being removed from the split- sample freezer, packed for shipping, and transferred to a delivery carrier waives the right to split-sample testing.

e.         The state veterinarian shall ensure that a split sample is packed and shipped for testing to a Department- approved laboratory within 72 hours after a written request for split-sample testing is delivered to the stewards under subsection (N)(3)(c).

f.         When preparing a split sample for shipment, the state veterinarian shall ensure that:

i.         The split sample is removed from the split-sam- ple freezer and packed for shipping in the pres- ence of the trainer or owner of the horse from which the sample was obtained;

ii.        The split sample is packed for shipping in a safe and secure manner;

iii.      The exterior of the package containing the split sample is secured in a manner designed to pre- vent tampering; and

iv.       The package containing the split sample is transported to the location where custody is transferred to the carrier charged with deliver- ing the package to the Department-approved laboratory selected by the trainer or owner.

g.        During the process of retrieving, packing, and ship- ping a split sample, the state veterinarian shall pre- pare a chain-of-custody verification form containing the following information:

i.         Date and time the split sample is removed from the split-sample freezer,

ii.        Number of the split sample,

iii.      Address of the Department-approved labora- tory selected by the trainer or owner of the horse from which the split sample was obtained,

iv.       Name of the carrier charged with delivering the package,

v.        Address at which custody of the package is transferred to the carrier charged with deliver- ing the package, and

vi.       Date and time that custody of the package is transferred from the Department to the carrier charged with delivering the package.

h.        The state veterinarian shall ensure that both the state veterinarian and the trainer or owner of the horse from which the split sample was obtained sign the chain-of-custody verification form indicating that:

i.         The correct split sample was removed from the split-sample freezer,

ii.        The split sample was packed in  accordance with subsection (N)(3)(f)(ii),

iii.      The package containing the split sample was correctly addressed to the Department- approved laboratory selected by the trainer or

owner, and

iv.       There is no evidence of tampering on the pack- age containing the split sample.

i. The state veterinarian shall keep the original of the chain-of-custody verification form and provide a copy to the trainer or owner of the horse from which the split sample was obtained.

4.        Frozen samples. As specified in the Department’s con- tract with the official laboratory, the Department has authority to require the official laboratory to retain and preserve by freezing the left-over portion of a sample submitted for testing.

5.        Laboratory minimum standards. The official laboratory and any Department-approved laboratory that conducts primary or split-sample testing shall meet the following minimum standards:

a.         General adherence to the requirements for compe- tence of testing and calibration specified by the International Organization for Standardization;

b.        Have or have access to liquid chromatograph and mass spectrometer instruments for screening and confirmation purposes; and

c.         Be able to detect medications, drugs, and other sub- stances at the specific concentration or regulatory threshold established.

O.      Trainer responsibilities.

1.        The trainer of a horse at a location under the Depart- ment’s jurisdiction shall:

a.         Ensure that if the horse entered in an official work- out, the horse is in physical condition for the work- out;

b.        Ensure that if the horse is entered in a race, the horse is in physical condition to perform creditably at the distance entered;

c.         Prevent administration to the horse of a prohibited medication, drug, or other foreign substance;

d.        Prevent administration to the horse of a permitted medication, drug, or other foreign substance in excess of the maximum allowable concentration;

e.         Maintain knowledge of the medications, drugs, or other substances administered to the horse;

f.         Report immediately to the stewards and state veteri- narian knowledge of or reason to believe a prohib- ited medication, drug, or other foreign substance has been administered or a permitted medication, drug, or other foreign substance has been administered in excess of the maximum allowable concentration;

g.        Maintain an assigned stable area in a clean, neat, and sanitary condition at all times;

h.        Use the services of only a veterinarian licensed by the Department while at a location under the Depart- ment’s jurisdiction;

i.         Ensure the proper identity, custody, care, health, and safety of the horse;

j.         Ensure that the horse has a valid health certificate and a negative Equine Infectious Anemia test certifi- cate on file with the racing secretary;

k.        Report no later than the time of entry to the horse identifier and racing secretary if the horse is gelded;

l.         Report immediately to the state veterinarian when the horse has a reportable disease or unusual inci- dence of a communicable illness;

m.       Report immediately to the stewards and state veteri- narian when the horse has a serious injury or dies;

n.        Comply with the provisions in subsection (R) gov- erning postmortem examination;

o.        Ensure that an entered horse is present at the horse’s assigned stall for the pre-race inspection prescribed under subsection (P);

p.        Ensure that the horse has proper bandages, equip- ment, and shoes;

q.        Be present in the paddock at least 17 minutes before post time of a race for which the horse is entered or another time designated by the stewards;

r.         Supervise saddling the horse in the paddock unless excused by the stewards;

s.         Attend, or ensure that the owner or a licensed employee of the owner attend, collection of a blood or urine sample from the horse; and

t.         Report no later than the time of entry to the state vet- erinarian and racing secretary that a mare is in foal.

2.        If the official laboratory reports that a horse tests positive for a prohibited medication, drug, or other foreign sub- stance or for a permitted medication, drug, or other sub- stance in excess of the maximum allowable concentration, the Department shall view the positive test as prima facie evidence that the trainer of the horse vio- lated subsection (O)(1).

3.        A trainer whose horse has been claimed shall comply with all provisions of subsection (O)(1) until after the race in which the horse was claimed.

P.       Physical inspection of horses.

1.        A horse entered in a race at a location under the Depart- ment’s jurisdiction is subject to inspection by a veterinar- ian before the race.

2.        A pre-race inspection of an entered horse shall be con- ducted by the track veterinarian.

3.        The trainer of an entered horse or a representative of the trainer shall present the horse for pre-race inspection as required by the track veterinarian. The trainer shall ensure that when the horse is presented for pre-race inspection:

a.         All bandages are removed,

b.        The horses’ legs are clean,

c.         The horse has not been placed in ice before the inspection, and

d.        No device or substance that might impede veterinary clinical assessment is applied to the horse.

4.        The track veterinarian shall ensure that a pre-race inspec- tion of an entered horse includes the following:

a.         Proper identification of the horse inspected;

b.        Observation of the horse in motion;

c.         Manual palpation and passive flexion of both fore- limbs;

d.        Visual inspection of the entire horse and assessment of overall condition;

e.         Observation of the horse in the paddock and sad- dling area, during the parade to post, and at the start- ing gate; and

f.         Any other inspection the state veterinarian deems necessary.

5.        The track veterinarian shall maintain and regularly update a health and racing soundness record of each horse inspected.

6.        The trainer or owner of a horse at a location under the Department’s jurisdiction shall allow the state or track veterinarian to have access to the horse regardless of whether the horse is entered in a race.

7.        If the state or track veterinarian determines that a horse is unfit for competition or is unable to determine the horse’s racing soundness, the state veterinarian shall recommend to the stewards that the horse be scratched from a race in which the horse is entered.

8.        If a horse is scratched from a race based on the recom- mendation of the state or track veterinarian, the veterinar- ian shall ensure that the horse is placed on the Veterinarian’s List described in subsection (Q).

Q.      Veterinarian’s List.

1.        The track veterinarian shall maintain the Veterinarian’s List of all horses determined to be unfit to compete in a race due to illness, physical distress, unsoundness, infir- mity, or other medical condition.

2.        The trainer of a horse on the Veterinarian’s List shall not enter the horse in a race unless approved the track and Department veterinarians.

3.        The trainer of a horse on the Veterinarian’s List shall not enter the horse in a race until the horse has been on the Veterinarian’s List at least 72 hours.

4.        The track veterinarian shall ensure that a horse is removed from the Veterinarian’s List only when the track veterinarian determines the condition that caused the horse to be placed on the Veterinarian’s List is resolved and the horse has been returned to racing soundness.

5.        The trainer or owner of a horse on the Veterinarian’s List shall comply with all provisions of this Chapter including testing.

R.      Postmortem Examination.

1.        The trainer or owner of a horse that dies or is euthanized at a location under the Department’s jurisdiction shall submit the horse for a postmortem examination if requested by the Department.

2.        If required under subsection (R)(1) to submit a horse to the Department for postmortem examination, the trainer or owner of the horse shall ensure that all shoes and equipment are left on the horse’s legs.

3.        If an analysis of blood, urine, bodily fluids, or other bio- logic specimens collected during a postmortem examina- tion shows the presence of a prohibited medication, drug, or other substance or a permitted medication, drug, or other substance in excess of the maximum allowable con- centration in the horse’s body, the Department shall take disciplinary action allowed under A.R.S. Title 5, Chapter 1 and this Chapter against the trainer or owner of the horse.

4.        In proceeding with a postmortem examination of a horse, the Department shall coordinate with the horse’s owner to determine and address any insurance requirements.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4).

Amended by adding subsection (O) effective November 23, 1983 (Supp. 83-6). Amended by adding subsection

(P) effective January 24, 1985 (Supp. 85-1). Amended by adding subsections (Q) and (R) effective September 24, 1986 (Supp. 86-5). Amended by adding subsections (S), (T), (U) and (V) effective February 19, 1987 (Supp. 87- 1). Amended by adding subsections (W) and (X) effective October 14, 1988 (Supp. 88-4). Repealed effective March 20, 1990 (Supp. 90-1). R19-2-120 recodified from R4-

27-120 (Supp. 95-1). New Section made by final rulemaking at 19 A.A.R. 3412, effective November 30,

2013 (Supp. 13-4).