Kan. Admin. Regs. § 112-10-34

Current through Register Vol. 43, No. 49, December 5, 2024
Section 112-10-34 - Drugs or medication, greyhound
(a) No individual shall administer any drug or medication to any greyhound entered in a race for 24 hours before the race in which the greyhound is to run and continuing until after the race is run.
(b) If the official test laboratory reports a positive test for any drug, its metabolites, or any foreign substance, the animal health officer shall classify the test in accordance with the following classifications:
(1) Class one: drugs and medications that are stimulants, depressants, narcotics, local anesthetics having no recognized therapeutic value or substances that impede testing procedures;
(2) class two: drugs and medications that are therapeutic medications that may affect the outcome of the race, naturally occurring substances that appear in unusual levels or that may interfere with or impede testing procedures; and
(3) class three: drugs and medications that are incidental residues of substances of recognized therapeutic value or recurring substances that have an undetermined effect or that cannot be identified by recognized analytical methods.
(c) The animal health officer's classification of the positive test shall be reported to the commission. The final decision regarding classification of the positive test shall be made by the commission.
(d) The finding of a class one positive may result in penalties of:
(1) A disqualification of the animal and a redistribution of the purse;
(2) a return of any trophy or other award delivered to the owner or trainer;
(3) a fine of up to $5,000;
(4) a suspension or a revocation of license; or
(5) a combination of the above.
(e) The finding of a class two positive may result in a penalty of:
(1) A disqualification of the animal and a redistribution of the purse;
(2) a return of any trophy or other award delivered to the owner or trainer;
(3) a fine of up to $500;
(4) a suspension of up to 60 days;
(5) a warning; or
(6) a combination of the above.
(f) The finding of a class three positive may result in a penalty of:
(1) An investigation into the possible source;
(2) a search of the individual and any assigned area;
(3) a warning; or
(4) any combination of the above.
(g) Each laboratory analysis of saliva, urine, blood or other sample taken from a greyhound that indicates the presence of a drug or medication shall be evidence that the drug or medication was present in the greyhound's system during the running of the race.
(h) Despite each provision to the contrary in this regulation, liniments, including Dimethylsulfoxide, may be administered to a greyhound as an external topical application. If the assistant animal health officer determines there has been excessive use of liniment on the racing greyhound, the assistant animal health officer may scratch the greyhound.
(i) Despite each provision to the contrary in this regulation, procaine, trimethoprim and sulfa shall be permitted medications subject to the following condition. Procaine, trimethoprim and sulfa shall not be permitted medications if the racing chemist in consultation with the animal health officer determines that a test sample contains procaine, trimethoprim or sulfa in a quantity con-sidered:
(1) Significant; or
(2) capable of altering the performance of a greyhound. Procaine shall not be transported or possessed on the racetrack facility by any individual who is not licensed to practice veterinary medicine by the state of Kansas.
(j) No individual shall possess, transport or use any drug or medication or equipment for administering a drug or medication at the racetrack facility or within the confines of the kennel compound except:
(1) when licensed as a veterinarian by the state of Kansas and the commission; or
(2) when licensed as a kennel owner or trainer by the commission, subject to the following conditions:
(A) Each kennel owner or trainer who possesses a drug or medication or equipment for administering a drug or medication shall place the drug or medication in the designated area, including the refrigerator, in the kennel building.
(B) Each drug or medication in the kennel owner's or trainer's possession shall be listed on a form approved by the animal health officer and filed with the assistant animal health officer.
(C) Each kennel owner or trainer shall update the form on a daily basis so that at all times a current and correct list of drugs or medications and the equipment for administering them is on file with the assistant animal health officer.
(k) Each drug or medication at a racetrack facility shall be in a container bearing a veterinarian's prescription or in the original container bearing the manufacturer's label with the serial or lot number. No veterinarian or kennel owner or trainer shall abandon a drug or medication or equipment for administering the drug or medication. All equipment for administering the drug or medication shall be destroyed before it is discarded.

Kan. Admin. Regs. § 112-10-34

Authorized by K.S.A. 1989 Supp. 74-8804; 74-8811; implementing K.S.A. 1989 Supp. 74-8804, 74-8811 and 74-8816; effective, T-112-8-22-89, Aug. 22, 1989; effective Oct. 9, 1989; amended March 25, 1991.