Section 12-574-F32 - Drugs and medication(a)Action taken by judges - prohibited medication and drugs. (1) If the board of administrative judges shall find that any drug or substance other than one specifically approved by the division veterinarian has been administered or attempted to be administered, internally or externally, to a greyhound before a race, which is of such a character as could affect the racing condition of the greyhound in such race, the board of administrative judges shall either immediately refer the matter, together with all pertinent details to the division or impose such punishment and take such other action as they may deem proper.(2) A positive identification of any drug or substance other than one specifically approved by the division veterinarian, shall constitute prima facie evidence that the greyhound was administered such drug or substance. The identification of any substance that is not a normal constituent of the body fluid of a greyhound constitutes a positive test.(b)Procedure in event of positive test. The following procedure shall apply in the event that a laboratory analysis of body fluid or other sample taken from the greyhound indicates the presence of a prohibited drug or substance: (1) The board of administrative judges shall cause an investigation of all positive test results to be conducted immediately and shall cooperate fully in any division investigations;(2) Whenever the laboratory test results in the identification of a positive substance, there shall be a rebuttable presumption that the trainer of the greyhound was responsible for the administration of the prohibited drug or substance. At any hearing conducted to determine responsibility for the administration of any prohibited drug or substance, unless other evidence of sufficient credibility and weight is presented to the contrary, the board of administrative judges or the division may make a finding in accordance with the presumption;(3) Within a reasonable period of time after a positive test result has been received from the laboratory, the board of administrative judges or the division shall hold a hearing to determine the reasons and responsibility for any alleged medication violation. The hearing shall be conducted pursuant to the division rules of practice and hearing procedures;(4) Pending a hearing, the division may summarily suspend any person;(5) Whenever a medication violation occurs as provided in section 12-574-F32(a)(2) of the Regulations of Connecticut State Agencies, the board of administrative judges or the division may take disciplinary action against any of the following persons: (A) Any person responsible for the proper care and protection of a greyhound if the board of administrative judges or division find the person or persons to have been negligent, reckless, or willful in failing to prevent the administration of the prohibited drug or substance in question;(B) Any person found by the board of administrative judges or the division to have administered or to have attempted to administer any prohibited drug or substance; or(C) Any person found by the board of administrative judges or the division to have conspired in the administration or attempted administration of any prohibited drug or substance;(6) Whenever the board of administrative judges or the division determine that a prohibited drug or substance has been administered to any greyhound that has raced, the owner of the greyhound may be precluded by the board of administrative judges or the division from participating in the purse distribution of the race in question, and a redistribution of that purse may be ordered by the board of administrative judges with the greyhound in question being last unless the board of administrative judges or the division finds that the relevant circumstances surrounding the administration of such prohibited drug or substance, including reference to the nature of said prohibited drug or substance, are such that the administration of such drug or substance was clearly unintentional. The origin of said drug or substance shall be determined before the board of administrative judges or division concludes that the administration was clearly beyond the control of said trainer; and(7) Any kennel or greyhound owner who has received a purse payment and fails to return any purse as required in subsection (b)(6) of this section shall be liable for the payment of a fine, license suspension or license revocation.(c)Track record void. When a greyhound has established a track record in a race, and it is later determined that a prohibited drug or substance was used, the track record shall be null and void.(d)Proper protection to be provided for greyhounds. The trainer and any other person having charge, custody or care of greyhounds, are obligated to properly guard and protect them against the administration or attempted administration of prohibited drugs or substances. If the board of administrative judges finds that any such person has failed to properly protect the greyhounds, they shall either refer the matter to the division or may impose a fine, license suspension or both.(e)Bottles, containers to be labeled. The trainers shall insure that all bottles and other containers kept in or about the kennel shall bear a label stating plainly the name of each drug or substance contained therein, unless the containers bear regular prescription labels with pharmacists' numbers, names and addresses and the names of the prescribing veterinarians.(f)Right to search for and seize drugs and injection devices. No person within the facility of an association shall have in or upon the premises which they occupy or control or have the right to occupy or control or in their personal property or effects, any hypodermic syringe, hypodermic needle or other device which could be used for the injection or other infusion into a greyhound of a drug or substance without first securing written permission from the board of administrative judges. Every association is required to use all reasonable efforts to prevent the violation of this regulation. Every association, the division or the board of administrative judges, shall have the right to permit a person or persons authorized by any of them to enter into or upon the buildings, kennels, rooms or other places within the facility of an association and to examine the same and to inspect and examine the personal property and effects of any person within such places. Every person who has been granted a license by the division, by accepting the license, does consent to such search and to the seizure of any hypodermic syringes, hypodermic needles or other devices or any prohibited drugs or substances so found. The written permission of the board of administrative judges for the possession of a hypodermic syringe, hypodermic needle or other device as herein described shall be limited in duration as the board of administrative judges may determine, upon presentation of a prescription written by a veterinarian duly authorized to practice veterinary medicine, but in no case shall its duration extend beyond the racing season in which it is granted. No such similar permission granted by judges of a meet in any other state or country shall have any validity in the state of Connecticut.(g)Responsibility for greyhound's condition. Trainers and assistant trainers are responsible for the condition of greyhounds in their care and must take all appropriate steps to ensure the general health, welfare and well-being of those greyhounds. Any treatment or neglect which the division veterinarian deems inhumane, or failure to obtain treatment for a greyhound when ordered by the division veterinarian may subject such trainer, assistant trainer and the kennel employing them to penalty including ejection.Conn. Agencies Regs. § 12-574-F32
Adopted effective October 3, 2001