Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
CHAPTER 7890, HORSE MEDICATION
MINNESOTA RACING COMMISSION
| Part | Title |
|---|---|
| 7890.0100 | DEFINITIONS. |
| 7890.0110 | MEDICATIONS AND PRACTICES PROHIBITED. |
| 7890.0120 | REPORTING PROCEDURES. |
| 7890.0130 | FINDINGS OF CHEMIST. |
| 7890.0140 | BLEEDERS. |
| 7890.0150 | DISCLOSURE OF APPROVED MEDICATIONS TO PUBLIC. |
| 7890.0160 | RESPONSIBILITY OF VETERINARIAN. |
7890.0100 DEFINITIONS.
Subp. 1a.
Alkalinizing agents.
"Alkalinizing agents" means substances, including bicarbonate of soda (sodium bicarbonate or baking soda), that are used to increase the plasma or serum pH, bicarbonate level, or TCO2 level of a horse.
Subp. 2a.
Androgenic-anabolic steroids (AAS).
"Androgenic-anabolic steroids (AAS)" means a group of compounds derived from testosterone or prepared synthetically to promote general body growth.
Subp. 2b.
Anesthetic.
"Anesthetic" is a substance used to effect a loss of feeling or sensation in any part of the body.
Subp. 3.
Animal chiropractor.
"Animal chiropractor" means a Doctor of Chiropractic who is licensed under Minnesota Statutes, sections 148.01 to 148.108, and registered with the Minnesota Board of Chiropractic Examiners under parts 2500.7010 to 2500.7080 to perform services on animals.
Subp. 3a.
Antibody.
"Antibody" means a protein produced after stimulation by an antigen that acts specifically against that antigen in an immune response.
Subp. 3c.
Biological product.
"Biological product" means any virus, therapeutic serum, toxin, antitoxin, or analogous product applicable to the prevention, treatment, or cure of diseases or injuries.
Subp. 3e.
Biological sample.
"Biological sample" means any material, including but not limited to blood, urine, hair, saliva, and other body specimens, collected from a horse.
Subp. 3f.
Bisphosphonates.
"Bisphosphonates" means any of a class of drugs that slows the breakdown of bone by osteoclasts.
Subp. 4.
Bleeder.
"Bleeder" means, according to its context, either:
A.
a horse which during a race or exercise is observed by the commission veterinarian or his or her designee to be shedding blood from one or both nostrils and in which no upper airway injury is noted during an examination by the commission veterinarian immediately following such a race or exercise;
B.
a horse which, within 1-1/2 hours of such a race or exercise, is observed by the commission veterinarian, through visual and/or endoscopic examination, to be shedding blood from the lower airway; or
Subp. 5.
Bleeder list.
"Bleeder list" means a tabulation of all bleeders maintained by the commission veterinarian.
Subp. 5a.
Blood doping.
"Blood doping" means various techniques used to increase the oxygen-carrying capacity of blood.
Subp. 7a.
Complete feed.
"Complete feed" means a thoroughly blended mixture of different feed ingredients formulated to meet specific nutrient requirements that allows for greater efficiency in feeding and provides better control of nutrient intake.
Subp. 7b.
Compounding.
"Compounding" means preparing, mixing, assembling, packaging, and labeling a drug for an identified individual horse as a result of a practitioner's prescription drug order. Compounding does not include mixing or reconstituting a drug according to the product's labeling or to the manufacturer's directions.
Subp. 7c.
Darbepoetin alfa.
"Darbepoetin alfa" is a synthetic analog of erythropoietin that stimulates the bone marrow to produce red blood cells. Chemically, it is a 165 amino acid protein containing five N-linked oligosaccharide chains.
Subp. 8.
Depressant.
"Depressant" is a substance used to diminish the function of the body, including the cardiovascular system, pulmonary system, urinary system, nervous system, musculoskeletal system, or any other systemic function of the body.
Subp. 10a.
Erythropoietin (EPO).
"Erythropoietin (EPO)" is a glycoprotein that stimulates the production of red blood cells by stem cells in bone marrow. Produced mainly by the kidneys, it is released in response to decreased levels of oxygen in body tissue. Using recombinant DNA technology, EPO has been synthetically produced and chemically it is a 165 amino acid protein containing three N-linked oligosaccharide chains.
Subp. 10b.
Feed contaminant.
Substances in equine feed arising from contamination during cultivation, processing or treatment, storage, or transportation.
Subp. 10c.
Feed supplement.
"Feed supplement" means a material used with another to improve the nutritive balance or performance of the total ration. Feed supplement is intended to be fed undiluted as a supplement to other feeds, offered free choice with other parts of the ration, or further diluted and mixed to produce a complete feed.
Subp. 10d.
Flunixin meglumine.
"Flunixin meglumine" is a nonsteroidal anti-inflammatory drug with the chemical name 3-pyridine-carboxylic acid.
Subp. 10g.
Hemoglobin-based oxygen carrier.
"Hemoglobin-based oxygen carrier" is an intravenous solution consisting of chemically stabilized cross linked hemoglobin that carries oxygen to tissues upon infusion.
Subp. 10h.
Hemopure®.
"Hemopure®" is a chemically stabilized bovine cross-linked hemoglobin that carries oxygen to tissues. Chemically it is hemoglobin glutamer-250 (bovine) or HBOC-201.
Subp. 11.
Horse.
"Horse" includes all horses registered for racing under the jurisdiction of the commission and, for purposes of this chapter, includes a stallion, colt, gelding, ridgling, filly, or mare.
Subp. 11d.
Ketoprofen.
"Ketoprofen" is a nonsteroidal anti-inflammatory drug with the chemical name 2-(3-benzoylphenyl)propionic acid.
Subp. 12a.
Limit of detection (LOD).
"Limit of detection" or "LOD" means the lowest concentration of the drug that can be detected by a particular laboratory method.
Subp. 12b.
Limit of quantitation (LOQ).
"Limit of quantitation" or "LOQ" means the lowest concentration of the drug that can be reliably quantified by a particular laboratory method and is generally higher than the LOD.
Subp. 13.
Measurement uncertainty (MU).
"Measurement uncertainty" means a value (with units of concentration) that is determined experimentally and characterizes the variability of the analytical process. It is used to eliminate all reasonable variability originating from the measurement process. It is a property of the method used and unique to each laboratory unless measures have been taken to standardize between laboratories.
Subp. 13a.
Medication.
"Medication" is a substance, compound, or element, or combination thereof, which is or can be administered to a horse for the purpose of preventing, curing, or alleviating the effects of any disease, condition, ailment, or infirmity, or symptom thereof, or for altering in any way the behavior, attitude, temperament, or performance of a horse, including athletic performance. Medication includes all alkalinizing agents, analgesics, anesthetics, depressants, narcotics, stimulants, tranquilizers, and other classifications of medications. Nothing herein shall be deemed to include:
A.
Nonsteroidal anti-inflammatory drugs (NSAIDs):
(1)
The use of one of the following three approved NSAIDs shall be permitted under the following conditions:
(a)
phenylbutazone, provided that the test sample does not contain more than 0.3 micrograms of the substance thereof per milliliter of blood plasma or serum; or
(b)
flunixin, provided that the test sample does not contain more than five nanograms of the substance thereof per milliliter of blood plasma or serum; or
(c)
ketoprofen, provided that the test sample does not contain more than two nanograms of the substance thereof per milliliter of blood plasma or serum.
(2)
No NSAIDs can be administered within the 48 hours before post time for the race in which the horse is entered. The use of all but one of the approved NSAIDs shall be discontinued at least 48 hours before the post time for the race in which the horse is entered.
(3)
The presence of more than one NSAID in the post-race test sample, or sample taken after an official timed workout, is not permitted and shall constitute a Class B violation under the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances and Recommended Penalties.
(4)
Any horse to which an NSAID has been administered shall be subject to having a blood and/or urine sample taken at the direction of the official veterinarian to determine the quantitative NSAID levels and/or the presence of other drugs which may be present in the blood or urine sample.
B.
Furosemide, provided, however, that it is administered pursuant to the provisions of part 7890.0140, subpart 7a. The concentration of furosemide must not exceed 100 nanograms per milliliter of serum or plasma in the post-race blood sample.
C.
Topical applications, such as antiseptics, ointments, salves, leg rubs, and leg paints which may contain antibiotics (excluding procaine penicillin and chloramphenicol) but which shall not contain ethanol, DMSO, corticosteroids, topical anesthetics including benzocaine and lidocaine, or other medications.
D.
Vitamins and electrolytes, provided the vitamins and electrolytes are administered orally and do not contain any medications, sodium bicarbonate, or other alkalinizing agents.
Subp. 13c.
Metabolite.
"Metabolite" means the substance produced by the metabolism of a specific medication.
Subp. 14.
Narcotic.
"Narcotic" is a substance used to induce a sleep or stupor and at the same time relieve pain.
Subp. 14a.
NSAID stacking.
"NSAID stacking" occurs when a post-race sample is found to contain the presence of multiple nonsteroidal anti-inflammatory drugs in violation of the restrictions in subpart 13a, item A, and part 7890.0110, subpart 10.
Subp. 14d.
Out-of-competition testing.
"Out-of-competition testing" is the taking of blood, urine, or another biological sample from a horse at any time other than race day.
Subp. 14e.
Overage.
"Overage" means the detection of any medication or metabolites, substance foreign to the natural horse, androgenic anabolic steroid, or endogenous, dietary, or environmental substance in a test sample that exceeds the regulatory limits as established by subpart 13a, items A to D, and part 7890.0110, subparts 7, item C; 7a; 9; and 10.
Subp. 14g.
Positive test.
"Positive test" means the detection of any medication or metabolites, substance foreign to the natural horse, androgenic anabolic steroid, or endogenous, dietary, or environmental substance thereof in a test sample above the limit of detection of the official testing laboratory.
Subp. 15.
Prescription number.
"Prescription number" means the unique identification number assigned by the veterinarian, pharmacist, or other supplier to the prescription.
Subp. 15a.
Prohibited practice.
"Prohibited practice" means a practice that jeopardizes the health and welfare of the horse, the welfare and safety of the rider and other participants, as well as the integrity of horse racing.
Subp. 15b.
Regulatory limit.
"Regulatory limit" is the concentration of a drug and/or its metabolite below which no administrative action is taken.
Subp. 15c.
Restricted list.
"Restricted list" means a list of horses that are ineligible to race until removed from the list by a commission veterinarian.
Subp. 16.
Stimulant.
"Stimulant" is a substance used to increase or excite the function of the body, including the cardiovascular system, pulmonary system, urinary system, nervous system, musculoskeletal system, or any other systemic function of the body.
Subp. 16a.
Synthetic analogue.
"Synthetic analogue" means a molecular or chemical compound made in a laboratory that is structurally similar to the natural compound and exhibits similar effects.
Subp. 16b.
TCO2.
"TCO2" means the total concentration of all forms of carbon dioxide in the sample including bicarbonate and carbonate as well as dissolved CO2.
Subp. 17.
Test level.
"Test level" means the concentration of NSAIDs, furosemide, medications or metabolites, substances foreign to the natural horse, androgenic anabolic steroids, or endogenous, dietary, or environmental substances found in a test sample.
Subp. 18.
Test sample.
"Test sample" means any bodily substance including blood, urine, saliva, hair, or other substance designated by the commission, taken from a horse under the supervision of the commission veterinarian for the purpose of analysis.
Subp. 18a.
Threshold.
"Threshold" means a concentration of a substance in the serum, plasma, or urine of a horse above which a laboratory reports a finding.
Subp. 19a.
Venom.
"Venom" means toxic or poisonous secretions of an animal such as the snake, snail, scorpion, spider, and others.
Subp. 20.
Veterinarian.
"Veterinarian" means a doctor of veterinary medicine licensed by the commission to practice at a Minnesota racetrack.
History:
9 SR 2527; 10 SR 1908; 13 SR 38; 15 SR 2307; 16 SR 2207; 24 SR 1568; 25 SR 1609; 26 SR 1438; 28 SR 1482; 31 SR 1277; 33 SR 8; 34 SR 83; 34 SR 1135; 35 SR 375; 35 SR 627; 36 SR 1407; 37 SR 1664; 39 SR 1739; 40 SR 1393; 41 SR 1322; 44 SR 1047; 46 SR 6; 46 SR 1210; 47 SR 990
Published Electronically:
June 14, 2023
7890.0110 MEDICATIONS AND PRACTICES PROHIBITED.
Subpart 1.
Administration.
No person shall administer or cause to be administered to a horse within 48 hours of a race in which it is scheduled to run any medication (except as permitted by part 7890.0100, subpart 13a, items A to D) by injection, oral or topical administration, rectal infusion or suppository, or by inhalation and no horse participating in a race shall carry in its body any substance foreign to the natural horse, except as permitted by subparts 7, item C, 7a, 9, and 10 and part 7890.0100, subpart 13a, items A to D. Post-race samples of plasma, serum, hair, or urine must not contain any substances, drugs, medications, or metabolites of substances, drugs, or medications not specifically permitted by commission rule or law.
Subp. 2.
Nasogastric tube.
The use of a nasogastric tube for the administration of any substance to an entered horse within the 48-hour period prior to post time shall not be permitted without prior permission of the commission veterinarian. No licensee other than a veterinarian shall possess a nasogastric tube on the grounds of an association under the jurisdiction of the commission. For purposes of this subpart, "nasogastric tube" means any hose or tube more than 12 inches in length and more than one-quarter inch in diameter.
Subp. 3.
Extracorporeal shock wave therapy or radial pulse wave therapy.
The use of extracorporeal shock wave therapy or radial pulse wave therapy shall not be permitted unless the following conditions are met:
A.
any treated horse shall be placed on the veterinarian's list and not be permitted to have a timed workout or race for a minimum of 30 days following treatment with day one being the first day of treatment;
B.
the use of extracorporeal shock wave therapy or radial pulse wave therapy machines shall be limited to veterinarians licensed by the commission and must be performed in a central location at the licensed racetrack determined by the commission veterinarian during hours specified by the commission veterinarian;
C.
any extracorporeal shock wave therapy or radial pulse wave therapy machines on association grounds must be registered with the commission veterinarian prior to use; and
D.
all extracorporeal shock wave therapy or radial pulse wave therapy treatments must be recorded on a form prescribed by the commission, and provided to the commission veterinarian 24 hours prior to treatment.
Subp. 4.
Blood doping agents.
The possession or use of blood doping agents by any person, including but not limited to the following blood doping agents, on the premises of a facility under the jurisdiction of the commission is forbidden:
Subp. 5.
Discontinuance of treatments.
The use of all NSAIDs shall be discontinued at least 48 hours before the post time for the race in which the horse is entered.
Subp. 6.
Possession.
The possession or use of a drug, substance, venom, medication, or blood doping agent for which a recognized analytical method to detect and confirm the administration of such substance has not been developed on the premises of a facility under the jurisdiction of the commission is prohibited.
Subp. 7.
Use.
The use of agents that elevate the horse's bicarbonate level, TCO2, or pH level above those existing naturally in the untreated horse at normal physiological concentrations is prohibited. The following also apply to TCO2:
A.
A commission veterinarian may draw whole blood, serum, or plasma samples from a horse for the purpose of obtaining a TCO2 level.
B.
Blood samples for TCO2 may be drawn prior to or after the race. Samples drawn prior to a race shall be drawn before the official post time. For the purpose of harness racing, blood samples shall be drawn prior to warm-up. Samples drawn after the race shall be drawn no sooner than 90 minutes following official post time for that race.
C.
The pre-race or post-race TCO2 level in the blood shall not exceed 37 millimoles per liter of blood.
D.
The provisions of part 7892.0120, subpart 5, pertaining to split samples, shall not apply to blood samples drawn for the purpose of TCO2 testing.
E.
Provisions for split sample testing for TCO2 analysis shall be arranged by the trainer or designee at the time of sampling. The trainer shall be responsible for the cost of split sample testing. The trainer or designee shall make arrangements for payment prior to or at the time of sampling. The split sample shall be sent to the commission contract laboratory as a separate blind sample. No other provisions for split sample testing shall be available.
Subp. 7a.
Androgenic-anabolic steroids (AAS).
No Androgenic-anabolic steroids (AAS) shall be permitted in test samples collected from racing horses except for endogenous concentrations of nandrolone and naturally occurring substances boldenone and testosterone at concentrations less than the indicated thresholds. Concentrations of these AAS shall not exceed the following plasma or serum thresholds for free (i.e. not conjugated) substance or urine threshold concentrations for total (i.e., free drug or metabolite and drug or metabolite liberated from its conjugates):
A.
Boldenone - 15 ng/ml of total boldenone in urine of male horses other than geldings; 1 ng/ml in fillies, mares, and geldings; or not greater than 25 pg/ml of boldenone in plasma or serum of all horses regardless of sex.
B.
Nandrolone:
(1)
in geldings - 1 ng/ml total nandrolone in urine or not greater than 25 pg/ml of nandrolone in plasma or serum;
(2)
in fillies and mares - 1 ng/ml total nandrolone in urine or not greater than 25 pg/ml of nandrolone in plasma or serum; and
(3)
in male horses other than geldings - 45 ng/ml of metabolite (5α-oestrane-3β, 17α-diol in urine).
C.
Testosterone:
(1)
in geldings - 20 ng/ml total testosterone in urine or 100 pg/ml of testosterone in plasma or serum;
(2)
in fillies and mares - 55 ng/ml total testosterone in urine or 100 pg/ml of testosterone in plasma or serum;
(3)
in fillies and mares that are confirmed at the time of racing as being pregnant, testosterone is not regulated; and
(4)
in male horses other than geldings 2,000 pg/ml of plasma or serum.
All other AAS are prohibited in racing horses.
The sex of all horses shall be identified on all samples sent to the laboratory. Any horse to which one of these AAS has been administered in order to assist in the recovery from an illness or injury may be placed on the veterinarian's list in order to monitor the concentration of the drug or metabolite in urine. After the concentration has fallen below the designated threshold for the administered AAS, the horse is eligible to be removed from the list.
Subp. 7b.
Thyroid supplements.
A.
The use of a thyroid supplement is limited to a hypothyroid horse diagnosed with a thyrotropin releasing hormone (TRH) stimulation test.
B.
Results of the TRH test must be submitted to the commission veterinarian and approved prior to the horse receiving a thyroid supplement.
C.
If a horse is currently receiving a thyroid supplement, TRH test results must be provided to the commission veterinarian or thyroid supplement administration discontinued and TRH testing completed after a 30-day washout period.
Subp. 7c.
Clenbuterol.
Clenbuterol use is prohibited in the racing and training of a Quarter Horse and only permitted in the racing and training of other breeds if the following conditions are met:
A.
Clenbuterol is prescribed by a licensed veterinarian for a specifically named horse, stating the diagnosis, the recommended dosage levels, and the duration of clenbuterol treatment, not to exceed 30 days. The required information must be submitted to the commission veterinarian on a form and by a deadline established by the commission.
B.
Trainers must notify a commission veterinarian daily of all horses in their custody having been administered clenbuterol. Notification shall be made on a form and by a deadline established by the commission.
C.
A horse administered clenbuterol shall be placed on the official veterinarian's list and remains on the list until all conditions for removal have been met including an official timed workout with reports of negative clenbuterol blood and urine sampling.
Subp. 8.
Prohibition.
The possession or use of anabolic androgenic steroids other than as provided in subpart 7a, naturally occurring venoms, derivatives of venoms, synthetic analogues of venoms, derivatives of synthetic analogues of venoms, growth hormone, blood doping agents, or any substance that enhances the oxygenation of equine tissue by any person on the premises of any licensed facility under the jurisdiction of the commission is not permitted.
Subp. 8a.
Intra-articular injections.
A.
For Thoroughbreds and Quarter Horses, the use of any intra-articular injection within 14 days of the race in which the horse is entered is prohibited.
B.
For Standardbreds, the use of any intra-articular injection within seven days of the race in which the horse is entered is prohibited.
Subp. 9.
Endogenous, dietary, and environmental substances.
No endogenous, dietary, or environmental substances shall be allowed in the test sample of a horse except as provided in the Racing Commissioners International Endogenous, Dietary, or Environmental Substances Schedule, which is incorporated by reference.
Subp. 10.
Medications.
No medications other than those specifically permitted under this chapter shall be allowed in the post-race or out-of-competition test sample of a horse. Serum or urine thresholds on permitted controlled therapeutic medications shall not exceed those found in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule for Horses, which is incorporated by reference.
Subp. 11.
Medical labeling.
A.
No person on association grounds where horses are lodged or kept, excluding licensed veterinarians, shall have in or upon association grounds which that person occupies or has the right to occupy, or in that person's personal property or effects or vehicle in that person's care, custody, or control, a drug, medication, chemical, foreign substance, or other substance that is prohibited in a horse on a race day unless the product is labeled in accordance with this subpart.
B.
Any drug or medication that is used or kept on association grounds and that, by federal or state law, requires a prescription must have been validly prescribed by a duly licensed veterinarian, and in compliance with the applicable state statutes. All allowable medications must be labeled in accordance with state and federal laws and shall have a prescription label that is securely attached and clearly ascribed to show the following:
(1)
the prescription number that is recorded by the dispensing veterinarian or pharmacist and kept in the animal's medical record;
(5)
the name, address, and telephone number of the veterinarian prescribing or dispensing the medication;
(10)
cautionary statements as needed.
Possession of an expired prescription medication is considered a violation of the rule.
Subp. 12.
Compounded medications on association grounds.
A.
Veterinary drugs shall be compounded in accordance with all applicable state and federal laws. Compounded medication shall be dispensed only by a prescription issued by a licensed veterinarian to meet the medical needs of a specific horse and for use only in that specific horse.
C.
Possession of an improperly labeled medication by a veterinarian, trainer, groom, or any other licensee is considered a violation.
Subp. 13.
Use of electrical or mechanical devices.
No electrical, mechanical, or battery-powered device or machine may be used to administer therapy or treatment to a horse within 48 hours of the time the horse is scheduled to race, unless approved in advance by the stewards in consultation with the commission veterinarian.
History:
9 SR 2527; 10 SR 1908; 11 SR 2201; 12 SR 2393; 31 SR 1277; 33 SR 8; 34 SR 83; 35 SR 375; 35 SR 627; 36 SR 1407; 39 SR 1739; 40 SR 1393; 41 SR 1322; 42 SR 1258; 44 SR 1047; 46 SR 6; 46 SR 1210; 47 SR 990
Published Electronically:
June 14, 2023
7890.0120 REPORTING PROCEDURES.
Subpart 1.
Veterinarians must keep records.
Veterinarians must submit daily to the commission veterinarian, in writing or electronically on a prescribed form, a report of all horses treated at a licensed racetrack. The form shall contain the date and time, name of horse treated, trainer of horse, any medications, drugs, substances (as provided in part 7890.0100, subpart 13a, items A to D), or procedures prescribed, administered, dispensed, or performed for horses registered at a current race meeting, and any other information requested by the commission veterinarian. The form must be filed by the treating veterinarian not later than noon on the day following treatment. The form shall be signed by hand or digitally by the treating veterinarian. The form is considered private and its content shall not be disclosed except in the course of an investigation of a possible violation of chapters 7869 to 7899, or in a proceeding before the stewards or commission, or to the trainer or owner of record at the time of treatment. A timely and accurate filing of the form that is consistent with the analytical results of a positive test may be used as a mitigating factor in determining the nature and extent, if any, of a rules violation.
Subp. 1a.
Animal chiropractors must keep records.
Animal chiropractors must submit daily to the commission veterinarian, in writing or electronically, on a prescribed form a report of all the horses treated at a licensed racetrack. The form shall contain the date and time, name of horse treated, trainer of horse, and procedures administered, for horses registered at a current race meeting, and any other horse-related information requested by the commission veterinarian. The form must be filed by the animal chiropractor not later than noon on the day following treatment. The form shall be signed by hand or digitally by the animal chiropractor. The form is considered private and its content shall not be disclosed except in the course of an investigation of a possible violation of chapters 7869 to 7899, or in a proceeding before the stewards or commission, or to the trainer or owner of record at the time of treatment. A timely and accurate filing of the form that is consistent with the analytical results of a positive test is a mitigating factor in determining the nature and extent, if any, of a rules violation.
Subp. 3.
Administration of furosemide to be reported.
If a horse is to race with furosemide in its system, the trainer or other representative shall be responsible for legibly and clearly marking the information on the entry blank for each race the horse shall be entered in.
History:
10 SR 1908; 11 SR 2201; 31 SR 1277; 34 SR 1135; 35 SR 627; L 2011 c 76 art 1 sec 80; 42 SR 1258; 44 SR 1047; 46 SR 6
Published Electronically:
July 16, 2021
7890.0130 FINDINGS OF CHEMIST.
Subpart 1.
Prima facie evidence.
A.
A finding by a chemist of any positive test or overage in the test sample of a horse taken after a race, an official timed workout, or an out-of-competition test shall be considered prima facie evidence that the medication or metabolite, androgenic anabolic steroid, substance foreign to the natural horse, or endogenous, dietary, or environmental substance, NSAID, clenbuterol, venom, blood doping agent, or furosemide was administered to the horse.
B.
A finding by a chemist of a level of TCO2 greater than 37 millimoles per liter of blood in the test sample of a horse shall be considered prima facie evidence that an alkalinizing agent was administered to the horse prior to the race or official timed workout after which the test sample was taken.
Subp. 2.
Distributed purse money.
The fact that purse money has been distributed prior to the issuance of the chemist's report shall not be deemed a finding that no medication or metabolites, androgenic anabolic steroids, substance foreign to the natural horse, or endogenous, dietary, or environmental substances, clenbuterol, NSAIDs or furosemide exceeding allowable levels was administered to the horse earning such purse money in violation of this chapter.
History:
9 SR 2527; 10 SR 1908; 12 SR 2393; 16 SR 2207; 25 SR 1609; 28 SR 1482; 31 SR 1277; 33 SR 8; 40 SR 1393; 41 SR 1322; 46 SR 6
Published Electronically:
July 16, 2021
7890.0140 BLEEDERS.
Subpart 1.
Examination of bleeders.
A horse that is alleged to have bled externally from one or both nostrils in Minnesota must be physically examined by a commission veterinarian to confirm its inclusion on the veterinarian's list. The examination must be performed within 1-1/2 hours following the finish of a race or exercise in which the horse has participated.
Subp. 3.
Bleeders imported from other jurisdictions.
A horse shipped into Minnesota from another jurisdiction shall be allowed to race on furosemide provided it raced on furosemide in its last start, and documentation to that effect is submitted to and accepted by the commission veterinarian at the Minnesota racetrack to which it is shipped.
Subp. 4.
Horses placed on the veterinarian's list.
Bleeders shall be placed on the veterinarian's list and shall be ineligible to be entered in a race pursuant to subpart 5.
Subp. 5.
Restrictions on bleeders.
Bleeders shall be subject to the following restrictions.
A.
For the first observed bleeding, the horse shall be placed on the veterinarian's list and shall not be removed from the veterinarian's list without the approval of the commission veterinarian. Such a horse shall be ineligible to race for at least 14 days following the observed bleeding.
B.
When a horse has been observed bleeding for the second time within a 365-day period, the horse shall be placed on the veterinarian's list and shall not be removed from the list without the approval of the commission veterinarian. Such a horse shall be ineligible to race for at least 30 days following the observed bleeding.
C.
When a horse has been observed bleeding for the third time within a 365-day period, the horse shall be placed on the veterinarian's list and shall not be removed from the list for at least 180 days, and not until the commission veterinarian has approved its removal.
D.
When a horse has been observed bleeding for a fourth time within a 365-day period, the horse shall be placed on the veterinarian's list and will be permanently ineligible to race in Minnesota.
E.
Following a bleeding episode in another jurisdiction, a horse shall not be eligible to race in Minnesota for at least 14 days or for a longer period if deemed medically necessary in the professional opinion of the commission veterinarian after considering the horse's past bleeding history.
F.
For the purposes of counting the number of days a horse is ineligible to run, the day the horse bled externally is the first day of the recovery period.
G.
The voluntary administration of furosemide without an external bleeding incident shall not subject a horse to the initial period of ineligibility as defined by this subpart.
Subp. 6.
Furosemide may be permitted.
A horse three years of age and older is eligible to race with furosemide if the licensed trainer and licensed veterinarian determine that it would be in the horse's best interests to race with furosemide. Once a horse has raced with furosemide, it must continue to race with furosemide in all subsequent races unless a request is made to discontinue the use. If the use of furosemide is discontinued, the horse shall be prohibited from again racing with furosemide unless it is later observed to be bleeding pursuant to subpart 1 or the horse is claimed or transferred to a different licensed trainer. A horse that is claimed or transferred to a different licensed trainer is eligible to race with furosemide if the new trainer and a licensed veterinarian employed by the new owner or trainer determine that it would be in the horse's best interest to race with furosemide. Requests for the use of or discontinuance of furosemide must be made to the commission veterinarian by the horse's current trainer or assistant trainer on a form prescribed by the commission on or before the day of entry into the race for which the request is made.
Subp. 7a.
Conditions required for furosemide administration.
Furosemide shall be administered intravenously by a licensed veterinarian employed by the owner or trainer of the horse, or by the commission veterinarian. The furosemide must be administered a minimum of four hours before scheduled post time for any bleeder entered to race and the dose level of furosemide must be no less than 150 milligrams and must not exceed 250 milligrams (no less than three nor more than five milliliters of a 50 milligram/milliliter or five percent solution) per administration.
The practicing veterinarian must deposit with the commission veterinarian an unopened supply of furosemide and sterile hypodermic needles and syringes to be used for the administration. The furosemide must be administered under the supervision of a person employed by the commission.
A horse on the official furosemide list must show a detectable concentration of the drug in the post-race serum or plasma sample.
Subp. 10.
Responsibility of trainer.
The trainer is responsible for ensuring that the horse is available at the appropriate time for its treatment. After having been administered furosemide, the horse shall at all times be in the care, custody, and under the supervision of the trainer or a licensed person assigned by the trainer. The horse must remain in its own stall until it is taken to the paddock to be saddled or harnessed for a race. It shall not be handled by anyone other than the trainer, the owner, or the employees listed on the trainer's signed statement. If emergency veterinary attention becomes necessary, the trainer is responsible for immediately notifying the commission veterinarian of the nature of the need and of the identity of the responding veterinarian. The trainer shall be responsible for the guarding, condition, care, and handling of the horse at all times and ensuring that a handler is present to restrain and serve as a designated witness to the furosemide administration. If no handler is present and the administration time has passed, no furosemide shall be administered and the stewards shall be notified. Trainers are responsible for ensuring that a veterinarian licensed by the commission has agreed to administer furosemide at the designated time.
History:
9 SR 2527; 10 SR 1908; 13 SR 38; 14 SR 332; 14 SR 2008; 16 SR 2207; 20 SR 2592; 22 SR 1785; 24 SR 1568; 25 SR 1609; 26 SR 1438; 31 SR 1277; 33 SR 8; 35 SR 627; 40 SR 1393; 42 SR 1258; 44 SR 1047; 46 SR 6; 47 SR 990
Published Electronically:
June 14, 2023
7890.0150 DISCLOSURE OF APPROVED MEDICATIONS TO PUBLIC.
The names of all horses that have been approved for race day use of furosemide must be identified in the daily racing program. Horses that are racing for the first time using furosemide must be so identified in the daily racing program.
History:
10 SR 1908; 11 SR 2201; 16 SR 2207; 25 SR 1609; 31 SR 1277; 39 SR 1739; 44 SR 1047
Published Electronically:
April 22, 2020
7890.0160 RESPONSIBILITY OF VETERINARIAN.
A.
No veterinarian may administer a medication, alkalinizing agent, blood doping agent, venom, or substance foreign to the natural horse to any horse that is scheduled to race within 48 hours, except as permitted in part 7890.0100, subpart 13a, or in the case of a medical emergency requiring immediate treatment, without the prior permission of a commission veterinarian.
B.
No veterinarian may place a nasogastric tube in a horse that is scheduled to race within 48 hours, except in the case of a medical emergency requiring immediate treatment.
C.
No veterinarian, veterinary assistant, equine masseuse, or animal chiropractor may enter the stall of or otherwise handle a horse at any time within 24 hours of the race in which the horse is entered, except as permitted by part 7890.0140, subpart 7a, if requested and accompanied by a commission veterinarian, or in the case of a medical emergency requiring immediate treatment without the prior permission of a commission veterinarian.
D.
In emergency cases it is the responsibility of the attending veterinarian to notify a commission veterinarian of the nature of the emergency and the exact treatment provided. The notification must be made as soon as practical (within one-half hour of an emergency that occurs during training or racing hours or by 8:00 a.m. on the morning following an emergency which occurred during evening or night hours) and on a form prescribed by the commission.
E.
At the request of a commission veterinarian, the veterinarian must provide radiographs, laboratory tests, and results of other diagnostic procedures within 24 hours.
History:
16 SR 2207; 24 SR 1568; 31 SR 1277; 33 SR 8; 34 SR 1135; 46 SR 6; 46 SR 1210
Published Electronically:
May 12, 2022
Official Publication of the State of Minnesota
Revisor of Statutes