N.Y. Comp. Codes R. & Regs. tit. 9 § 4043.8

Current through Register Vol. 46, No. 43, October 23, 2024

Section 4043.8 - TCO2 blood gas testing program

(a) The commission may obtain pre-race blood samples from horses for subsequent testing for total carbon dioxide level (TCO2). The commission may also obtain post-race blood samples from horses for subsequent testing for TCO2, after a minimum one-hour standing at rest period for the horse after such horse's race. It shall be a violation of this section where the horse's TCO2 level equals or exceeds 37 millimoles per liter or, for horses administered furosemide pursuant to section 4043.2(b)(6) of this Part during the four hours before the blood sample was taken, 39 millimoles per liter.

(b) It shall be an affirmative defense that the horse's physiologically natural TCO2 level was not exceeded. To demonstrate natural TCO2, such horse's owner or trainer must make a written request to the stewards, within three calendar days of receiving notice of the horse's TCO2 test result, that the horse be held in guarded quarantine for this purpose. The racetrack operator shall make available a three-day guarded quarantine for a time determined by the State steward, at the sole expense of the requesting party, where blood samples shall be periodically taken for subsequent testing by the commission. If the owner or trainer properly arranges with the commission in advance, then samples shall also be taken and sent for independent testing at another laboratory at the sole expense of the requesting party. During quarantine the horse shall not race, but it may be exercised and trained at prescribed times that do not interfere with monitoring, sampling, and testing the horse. After the quarantine, the State steward shall determine whether the horse's TCO2 level was physiologically natural for it. The State steward may also require, at least 45 days later, that the horse re-establish such horse's natural TCO2 level with another guarded quarantine to be made available at the sole expense of the racetrack operator.

(c) Any guarded quarantine provided by the racetrack operator shall ensure that, at a minimum:

(1) such horse shall be under direct surveillance by at least one guard at all times;

(2) access to the horse shall be restricted to licensed persons who are directly affiliated with such horse, track stewards, or employees of the New York State Gaming Commission, all of whom shall provide their respective track identification badge or commission-issued photo identification card prior to entry;

(3) a written or electronic log of all persons who have had access to the horse shall be maintained by the guard, indicating the name and license number or track identification badge number of the person, the date and time of the visit (including time in and out of the restricted area), the nature and purpose of the visit, a description of any and all equipment, paraphernalia, tack, medications, or feed brought to the horse, and all activity observed by the guard during the visit; and

(4) the racetrack operator shall maintain such written or electronic logs of guarded quarantine activity for a minimum period of 90 days after the conclusion of the applicable guarded quarantine period.

(d) The penalty for violations of this section shall be not less than:

(1) for a first violation, a 60-day license suspension and $1,000 fine;

(2) for a second violation, a 75-day license suspension and $2,500 fine; and

(3) for additional violations, a one-year suspension and $5,000 fine together with a referral to the commission for further action including a possible license revocation.

Where independent evidence shows that the horse was treated within 24 hours of such horse's race by means not permitted by section 4043.2 of this Part, however, every license suspension shall be for at least two years. Every suspension shall include denial of the privileges of the grounds.

(e) For a violation of this section, a horse shall be disqualified, any purse monies shall be forfeited and redistributed pursuant to section 4043.5 of this Part, the horse shall be subject to pre-race detention and shall be ineligible to race until it tests in compliance with this rule and tests negative for drugs.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4043.8