TITLE 11. GAMING
                REGISTRAR'S NOTICE: The  Virginia Racing Commission is exempt from the Administrative Process Act  pursuant to § 2.2-4002 A 17 of the Code of Virginia when promulgating  regulations regulating actual live horse racing at race meetings licensed by  the commission.
         Title of Regulation: 11VAC10-50. Racing Officials (amending 11VAC10-50-40). 
    Statutory Authority: § 59.1-369 of the Code of  Virginia.
    Effective Date: April 16, 2012. 
    Agency Contact: David S. Lermond, Jr., Regulatory  Coordinator, Virginia Racing Commission, 10700 Horsemen's Lane, New Kent, VA  23024, telephone (804) 966-7404, FAX (804) 966-7418, or email  david.lermond@vrc.virginia.gov.
    Summary:
    The amendments require the licensee's veterinarian to be  approved by the Virginia Racing Commission and to work under the direction of  the commission veterinarian. The amendments further define the duties of the  licensee's veterinarian to include (i) assisting in the supervision and  collection of samples in the test barn, (ii) revising the veterinarian's list,  and (iii) humanely destroying a seriously injured horse when it is in the best  interests of the horse to do so.
    11VAC10-50-40. Licensee's veterinarian. 
    The licensee shall appoint a qualified person to act as the  licensee's veterinarian for the race meeting. The licensee's veterinarian shall  possess a full and unrestricted license to practice veterinary medicine from  the Virginia Board of Veterinary Medicine and shall be present within the  enclosure on racing days to perform his duties. The licensee's veterinarian  shall be approved by the commission and shall be designated to work under the  authority and direction of the commission veterinarian. The duties of the  licensee's veterinarian include, but are not limited, to: 
    1. Making the Performing prerace examination  examinations of the horses entered to race on that day's program under  the supervision of the commission veterinarian, and recommending to the  stewards that horses found to be unfit for racing be scratched; 
    2. Observing the horses in the paddock and being  present at the starting gate, where he can recommend to the stewards scratching  any horse that he deems to be unfit for racing; 
    3. Observing all of the horses after the finish of a  race and upon their leaving the racing surface for injuries or lameness; 
    4. Rendering emergency care to horses injured either in  workouts or racing when a practicing veterinarian is not readily available to  perform these services; and
    5. Assisting the commission veterinarian in determining those  horses which that are bleeders, either through observing the  horse bleed from the nostrils after a workout or a race, or by observing  a private practitioner's endoscopic examination of a horse following a workout  or race, or by retrieving information from other racing jurisdictions; 
    6. Assisting the commission veterinarian in the supervision  and collection of samples in the test barn;
    7. Placing horses on the veterinarian's list and observing  workouts as needed to remove horses from the veterinarian's list; and
    8. Being authorized to humanely destroy any horse deemed to  be so seriously injured that it is in the best interests of the horse to so act.  
    
        VA.R. Doc. No. R12-2402; Filed March 7, 2012, 3:04 p.m.