N.Y. Comp. Codes R. & Regs. tit. 9 § 4043.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4043.4 - Trainer's responsibility

(a) A trainer shall be responsible at all times for the condition of all horses trained by him or her. No trainer shall start or permit a horse in his or her custody, care or control to be started if the trainer knows, or might have known or have cause to believe, that the horse has received any drug or other restricted substance that could result in a positive test. The trainer shall be held responsible for any positive test unless the trainer can show by substantial evidence that neither the trainer nor any employee nor agent was responsible for the administration of the drug or other restricted substance. Every trainer must guard each horse trained by him or her in such manner and for such period of time prior to racing the horse so as to prevent any person, whether or not employed by or connected with the owner or trainer, from administering any drug or other restricted substance to such horse contrary to this Part.

(b) Trainers shall maintain accurate records of all joint injections to horses trained by them. The record(s) of every joint injection shall be submitted, in a form and manner approved by the commission, by the trainer to the commission within 48 hours of the treatment. The trainer may delegate this responsibility to the treating veterinarian, who shall make these reports when so designated. The reports shall be accessible to the examining veterinarian for the purpose of assisting with pre-race veterinary examinations.

(c) Trainers shall maintain an accurate record of every drug (except ones classified by the Association of Racing Commissioners International, Inc. as a class 5 substance and that are not injected) administration that is implemented by the trainer and is not recorded in detail in practicing veterinary records. This includes without limitation drugs that a veterinarian has dispensed for administration by or at the direction of the trainer, but does not include drugs administered directly by the veterinarian or administrations the trainer verifies are recorded in detail in veterinary records. Such trainer's records shall detail the name of the horse, the drug, the dose, the route of administration and the date and time (e.g., morning, breakfast) of administration and shall be kept in a form approved by the commission for a minimum of six months. Such records shall be available for inspection by the commission.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4043.4

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020