Title of Regulation: 11VAC10-180. Medication (amending 11VAC10-180-35; adding 11VAC10-180-72; repealing 11VAC10-180-70).

Statutory Authority: § 59.1-369 of the Code of Virginia.

Effective Date: July 27, 2020.

Agency Contact: Kimberly Mackey, Regulatory Coordinator, Virginia Racing Commission, 5707 Huntsman Road, Suite 201-B, Richmond, VA 23250, telephone (804) 966-7406, or email kimberly.mackey@vrc.virginia.gov.

Summary:

The amendments (i) require the veterinarian treating a horse with shockwave therapy to report the procedure within 24 hours of the procedure to the commission veterinarian; (ii) prohibit intra-articular injections within 14 days of a horse's race and require reporting of the injections to the commission veterinarian within 24 hours of treatment; (iii) prohibit the use of two or more corticosteroids on a horse; and (iv) reduce the use of nonsteroidal anti-inflammatory drugs (NSAIDS) from within 24 hours of a horse's race to within 48 hours of a horse's race and prohibit the use of two or more NSAIDS that require that, when an extracorporeal shockwave therapy device or radial pulse wave therapy device is used on a horse, the horse be placed on the veterinarian's list for 10 days from the date of treatment.

11VAC10-180-35. Prohibited practices.

A. No trainer shall allow a horse to appear in a race, qualifying race, or official timed workout when the horse contains in its system any prohibited substance, as determined by testing of blood, saliva, or urine, or any other reasonable means.

B. No person shall administer any prohibited substance to a horse on race day. Furosemide is the only substance specifically permitted for use in approved horses on race day.

C. No veterinarian or permit holder shall, without good cause, possess or administer any substance to a horse stabled within the enclosure or at any facility under the jurisdiction of the commission if the substance:

1. Has not been approved by the U.S. Food and Drug Administration (FDA) for any use (human or animal) or by the U.S. Department of Agriculture's Center for Veterinary Biologics;

2. Is on the U.S. Drug Enforcement Agency's Schedule I or Schedule II of controlled substances as prepared by the Attorney General of the United States pursuant to 21 USC §§ 811 and 812;

3. May endanger the health and welfare of the horse or endanger the safety of the rider or driver, or may adversely affect the integrity of racing; or

4. Does not have a recognized laboratory analytical method to detect and confirm its administration.

D. No person, except a veterinarian holding a valid veterinarian's permit or an assistant under the veterinarian's immediate supervision, shall have in his possession within the enclosure of a horse racing facility any prescription substance for animal use unless:

1. The person actually possesses within the enclosure of the horse racing facility documentary evidence that a prescription has been issued to him for the substance by a licensed veterinarian;

2. The prescription substance is labeled with a dosage for the horse to be treated with the prescription substance; and

3. The horse or horses named in the prescription are then under the care and supervision of the permit holder and are then stabled within the enclosure of the horse racing facility.

E. The possession or administration of equine growth hormone, venoms, erythropoietin (Epogen), darbepoietin, oxyglobin, Hemopure, or any analogous substance that increases oxygen-carrying capacity of the blood is prohibited. Furthermore, should the analysis of a test sample detect the presence of antibodies of erythropoietin or darbepoietin or any analogous substance in the horse's blood that indicates a history of use of these substances, the horse shall be prohibited from racing and placed on the veterinarian's list until the horse tests negative for the presence of such antibodies.

F. The use of androgenic and anabolic steroids is prohibited in racing horses as stipulated in 11VAC10-180-75.

G. The use of an extracorporeal shockwave therapy device or radial pulse wave therapy device is prohibited on the racetrack premises and at any site that falls under the jurisdiction of the Virginia Racing Commission unless:

1. The therapy device is registered with the commission veterinarian;

2. The therapy device is used by a veterinarian who is a permit holder; and

3. Each use of the therapy device is reported to the commission veterinarian on the treatment report by the treating veterinarian within 24 hours of treatment.

Notwithstanding the provisions in this subsection, whether on or off the premises, a shockwave therapy device or radial pulse wave therapy device shall not be used on a racehorse fewer than 10 days before the horse is to race or train at racing speed. For the purposes of this calculation, the day of treatment shall be considered day one. Furthermore, the horse that was treated shall be placed on the veterinarian's list for 10 days from the date of treatment.

H. Tubing of horses prohibited. The tubing or dosing of any horse for any reason on race day is prohibited unless administered for medical emergency purposes by a licensed veterinarian in which case the horse shall be scratched. The practice of administration of any substance via a tube or other method into a horse's stomach on race day is considered a violation of this chapter.

1. Using or possessing the ingredients or the paraphernalia associated with forced feeding to a horse of any alkalinizing agent with or without a concentrated form of carbohydrate, or administering any substance by tubing or other method on race day shall be considered a violation of this chapter.

2. Under the provisions of this subsection, endoscopic examination by a licensed veterinarian shall not be considered a violation of this chapter.

I. Notwithstanding any other provision in this chapter, no substance of any kind may be administered to a horse within four hours, or three hours for a ship-in meet, of the scheduled post time for the race in which the horse is entered. To ensure uniform supervision and conformity to this this chapter, the trainer shall have each horse programmed to race stabled in its assigned stall within the enclosure of the horse race facility no fewer than five hours, or four hours for a ship-in meet, prior to post time for the respective race.

J. Intra-articular injections prohibited. Injecting any substance or inserting a needle into a joint space is prohibited within seven 14 days prior to the horse's race for flat and steeplechase racing and within seven days for harness racing. All intra-articular injections shall be reported by the treating veterinarian to the commission veterinarian within 24 hours of treatment. Horses treated shall be ineligible to race for a period of 14 days for flat and steeplechase racing and for seven days for harness racing. For the purposes of this calculation, the day of treatment shall be considered day one.

K. Peri-neural injections prohibited. Injecting a local anesthetic or other chemical agent adjacent to a nerve is prohibited within three days prior to the horse's race.

L. Hyperbaric oxygen chamber prohibited. Subjecting a horse to therapy utilizing a hyperbaric oxygen chamber is prohibited within four days prior to the horse's race.

M. Stacking corticosteroids prohibited. The detection of two or more corticosteroids in a horse's post-race biological samples shall constitute a stacking violation and is prohibited.

11VAC10-180-70. Phenylbutazone, flunixin, and other nonsteroidal anti-inflammatory drugs. (Repealed.)

A. Generally. The use of multiple nonsteroidal anti-inflammatory drugs in a horse within 96 hours prior to the horse's race is prohibited. Despite this prohibition, this chapter specifically permits the use of one of the following: (i) phenylbutazone, (ii) flunixin, (iii) ketoprofen, (iv) firocoxib, or (v) diclofenac in racehorses in the quantities provided for in this chapter.

B. Quantitative testing. Any horse to which phenylbutazone, flunixin, or ketoprofen has been administered shall be subject to testing at the direction of the commission veterinarian to determine the quantitative levels of phenylbutazone, flunixin, ketoprofen, firocoxib, or diclofenac, or the presence of other substances that may be present.

C. Disciplinary actions. The stewards may take disciplinary actions for reports of quantitative testing by the primary testing laboratory for levels of (i) phenylbutazone quantified at levels above 2.0 micrograms per milliliter of serum or plasma, (ii) flunixin quantified at levels above 20 ng per milliliter of serum or plasma, (iii) ketoprofen quantified at levels above 2.0 ng per milliliter of serum or plasma, (iv) firocoxib quantified at levels above 20 ng per milliliter in serum or plasma, and (v) diclofenac quantified at levels above 5.0 ng per milliliter in serum or plasma in horses following races, qualifying races, and official timed workouts for the stewards or commission veterinarian. The stewards may use the most recent revision of the Association of Racing Commissioners International (RCI) Uniform Classification Guidelines for Foreign Substances and the Multiple Violations Penalty System as a guide. The stewards, in their discretion, may impose other more stringent disciplinary actions against trainers or other permit holders who violate the provisions under which (i) phenylbutazone, (ii) flunixin, (iii) ketoprofen, (iv) firocoxib, or (v) diclofenac is permitted by the commission.

11VAC10-180-72. Nonsteroidal anti-inflammatory drugs.

The use of nonsteroidal anti-inflammatory drugs (NSAIDS) shall be governed by the following conditions:

1. The administration of NSAIDS at less than 48 hours to the scheduled post of a horse's race, qualifying race, or official timed workout is prohibited.

2. The presence of one of the following does not constitute a violation:

a. Phenylbutazone at a concentration of less than 0.3 micrograms per milliliter of plasma or serum;

b. Flunixin at a concentration less than 5.0 nanograms per milliliter of plasma or serum; or

c. Ketoprofen at a concentration less than 2.0 nanograms per milliliter of plasma or serum.

3. The detection of two or more NSAIDS in blood or urine constitutes NSAIDS stacking violation and is prohibited.