CHAPTER 12. MEDICATION OF RACE HORSES
IC 4-31-12
Chapter 12. Medication of Race Horses
IC 4-31-12-1
Purpose
Sec. 1. The purpose of this chapter is to protect the integrity ofhorse racing, to guard the health of the horse, and to safeguard theinterests of the public and the racing participants through theprohibition or control of all drugs and medications or substancesforeign to the natural horse.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-2
Foreign substances; medications
Sec. 2. (a) Except as permitted by the rules of the commission, ahorse participating in a race may not carry in its body any foreignsubstance.
(b) The commission shall adopt the rules the commissionconsiders necessary to implement this section. Before adopting a rulewith regard to permitting the use of any medication, the commissionshall consider the model rules approved by the Association of RacingCommissioners International.
(c) In order to inform the racetrack patrons of those horsesrunning with medication, the permit holder shall indicate in theracing program a horse that is racing with a medication permitted bythe rules of the commission.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.35; P.L.34-2006, SEC.1.
IC 4-31-12-3
Possession of equipment for hypodermic administration;restrictions
Sec. 3. (a) Except as provided in subsection (b), a licensee at aracetrack, other than a veterinarian, may not possess equipment forhypodermic administration.
(b) A licensee at a racetrack may possess a hypodermic syringe orneedle for the purpose of administering a chemical or biologicalsubstance to the licensee's own person, if the licensee has:
(1) notified the presiding judge of:
(A) the licensee's possession of the device;
(B) the size of the device; and
(C) the chemical substance to be administered by the device;and
(2) obtained written permission for possession and use from thepresiding judge.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-4
Possession of prescription drugs; restrictions
Sec. 4. (a) Except as provided in subsection (b), a licensee may
not possess a foreign substance that is considered a prescription drugor prescription medication, unless it is for an existing condition andis prescribed by a veterinarian. When prescribed by a veterinarian,the supply of such a foreign substance shall be limited by ethicalpractice consistent with the purposes of this chapter. This sectiondoes not affect the prohibition of drugs, narcotics, stimulants, andother items and substances listed in sections 19, 20, and 21 of thischapter.
(b) A licensee at a racetrack may possess a chemical or biologicalsubstance for use on the licensee's own person, if:
(1) the chemical or biological substance is prohibited frombeing dispensed by Indiana or federal law without aprescription;
(2) the licensee is in possession of documentary evidence thata valid prescription for the chemical or biological substance hasbeen issued to the licensee; and
(3) the licensee has filed with the presiding judge a swornstatement clearly describing the substance and its intended use.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-5
Blood and urine tests
Sec. 5. (a) The judges, the stewards, a commission veterinarian,a member of the commission, or the secretary of the commission mayorder a blood test or urine test, or both, on a horse for the purpose ofanalysis.
(b) A blood specimen or urine specimen, or both, shall be takenfrom the following horses after the running of each race:
(1) The horse that finishes first in each race.
(2) Any other horses designated by the judges, the stewards, acommission veterinarian, a member of the commission, or thesecretary of the commission. The judges and veterinarian shalldesignate for the taking of such a specimen a horse that racesmarkedly contrary to form.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.36.
IC 4-31-12-6
Appointment of veterinarian; approval of laboratory; analysis ofspecimens
Sec. 6. (a) The commission:
(1) shall appoint, at its cost, a veterinarian licensed to practicein Indiana to take or supervise the taking of specimens undersection 5 of this chapter;
(2) shall approve a laboratory for the analysis of thosespecimens; and
(3) may require that a specimen taken under section 5 of thischapter be analyzed.
(b) The cost of analyzing specimens shall be borne by thecommission. (c) The commission may appoint, at its cost, veterinarians or otherpersons to supervise all activities in the state testing barn area and tosupervise the practice of veterinary medicine at all racetracks inIndiana.
(d) The commission shall employ or contract for assistants to aidin securing specimens at each racetrack. These assistants shall havefree access, under the supervision of the commission's veterinarian,to the state testing barn area. The permit holder shall, in the mannerprescribed by the rules of the commission, reimburse the commissionfor the salaries and other expenses of the assistants who serve at thepermit holder's racetrack.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.37.
IC 4-31-12-7
Veterinarians appointed by commission; prohibition on treatmentof horses on the grounds; compensation
Sec. 7. (a) A veterinarian appointed by the commission oremployed by a permit holder may not, during the period of theveterinarian's employment, treat or issue prescriptions for a horse onthe grounds of or registered to race at a track, except in case ofemergency. A full and complete record of an emergency treatment ora prescription shall be filed with the stewards or judges.
(b) An owner or trainer may not directly or indirectly employ orpay compensation to a veterinarian who is employed by thecommission or a permit holder.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-8
Positive test prima facie evidence of milkshake or bicarbonateloading or foreign substance
Sec. 8. (a) As used in this section, "milkshake or bicarbonateloading" means a bicarbonate or alkaline substance, administered toa horse by any possible means, that elevates the horse's bicarbonatelevel or pH level above those existing naturally in the untreated horseat normal physiological concentrations as determined by thecommission.
(b) A finding by the chemist or an authorized commissionemployee that a milkshake or bicarbonate loading or a foreignsubstance, other than a medication permitted by the rules of thecommission, is present in the test sample shall be considered:
(1) a positive test and a violation of section 2 of this chapter;and
(2) prima facie evidence that:
(A) the milkshake or bicarbonate loading or foreignsubstance was administered and carried or attempted to becarried in the body of the horse while participating in a race;and
(B) the trainer and the trainer's agents responsible for thecare and custody of the horse have been negligent in the
handling or care of the horse.
(c) The commission may establish the concentration level that isan unacceptable concentration level for substances that it considersnecessary for the detection of a milkshake or bicarbonate loadingunder this section.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.38; P.L.50-1995, SEC.8; P.L.34-2006, SEC.2.
IC 4-31-12-9
Repealed
(Repealed by P.L.34-2006, SEC.3.)
IC 4-31-12-10
Post-mortem examination
Sec. 10. (a) The commission veterinarian may order apost-mortem examination of:
(1) each horse that:
(A) suffers a breakdown on the racetrack, in training, or incompetition; and
(B) is destroyed; and
(2) each horse that expires under suspicious or unusualcircumstances while stabled on a racetrack under thejurisdiction of the commission;
to determine the injury or sickness that resulted in euthanasia ornatural death.
(b) A post-mortem examination under this section shall beconducted by a veterinarian approved by the commission, at a timeand place acceptable to the commission veterinarian.
(c) Test samples specified by the commission veterinarian shallbe obtained from the carcass upon which the post-mortemexamination is conducted and shall be sent to a laboratory approvedby the commission for testing for foreign substances and naturalsubstances at abnormal levels. However, blood and urine testsamples shall be procured before euthanasia when practical.
(d) The commission shall pay all costs involved in a post-mortemexamination ordered by the commission or the commissionveterinarian.
(e) A written record shall be filed with the commissionveterinarian at the completion of each post-mortem examination. Therecord must contain all information normally contained in apost-mortem report, as well as any other information specificallyrequested by the commission veterinarian.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-11
Official laboratory
Sec. 11. The commission may direct the official laboratory toretain and preserve by freezing samples for future analysis.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-12
Purse money issued before laboratory report; chemical substanceabuse
Sec. 12. The fact that purse money has been distributed before theissuance of a laboratory report shall not be considered a finding thatno chemical substance has been administered to the horse earning thepurse money.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-13
Violation; forfeiture of purse; suspension of horse, owner, andtrainer
Sec. 13. (a) This section applies to a horse entered to race at atrack operated under a permit issued by the commission.
(b) The following provisions apply if the analysis of a bloodspecimen or urine specimen shows that a person has violated section2 of this chapter:
(1) The owner of the horse from which the specimen wasobtained shall forfeit the purse and any trophy or award.
(2) If the purse was paid before the maker of that payment wasnotified of the result of the analysis, the horse, the owner, andthe trainer of the horse are suspended. A permit holder is notrequired to make any other distribution of the purse until therefund has been made. The judges shall disqualify the horsefrom which the positive specimen was obtained and theremaining horses shall be advanced accordingly. The horseultimately designated as the winner of the race shall be awardedany additional portions of the purse that remain following thedisqualification if there are not enough unoffending horses toshare the purse.
(3) A suspension made under this section continues until thepurse is refunded and properly redistributed or for any otherperiod determined by the commission.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-14
Horse chosen for testing; trainer's duties
Sec. 14. The trainer of a horse that is the winner of a race or fromwhich the judges order a specimen to be taken shall see that the horseis taken directly to the state testing barn as soon as the race in whichthe horse competed has been completed.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-15
Sanctions imposed by stewards and judges
Sec. 15. (a) The commission may adopt rules under IC 4-22-2 todelegate to the stewards and judges of racing meetings the authorityto conduct disciplinary hearings on behalf of the commission. Thestewards and judges shall give at least twelve (12) hours notice ofany such hearing. The stewards and judges, on behalf of the
commission, may impose one (1) or more of the following sanctionsagainst a licensee who violates sections 2 through 13 of this chapter:
(1) A civil penalty not to exceed one thousand dollars ($1,000).
(2) A temporary order or other immediate action in the natureof a summary suspension where a licensee's actions constitutean immediate danger to the public health, safety, or welfare.
(3) Suspension of a license held by the licensee for up to sixty(60) days. The suspension of a license under this subdivision is:
(A) valid even though the suspension extends beyond theperiod of the racing meeting for which the stewards andjudges have been appointed; and
(B) effective at all other racing meetings under thejurisdiction of the commission.
(4) A rule that a person must stay off the premises of one (1) ormore permit holders if necessary in the public interest tomaintain proper control over recognized meetings.
(5) Referral of the matter to the commission for itsconsideration.
However, at least two (2) of the stewards or judges must concur ina sanction.
(b) The suspension of a license or the imposition of a civil penaltyunder this section must occur within sixty (60) days of the date of theviolation.
(c) A sanction under this section may be appealed to thecommission. The commission shall adopt rules establishingprocedures for appeals and stays of appeals.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.39; P.L.50-1995, SEC.9.
IC 4-31-12-16
Commission; imposition of sanctions against licensee
Sec. 16. The commission or the commission's designee, asdetermined under the rules of the commission, on its own motion orin addition to a penalty assessed by the stewards and judges, mayimpose one (1) or more of the following sanctions against a licenseewho violates sections 2 through 13 of this chapter:
(1) Revocation of a license held by the licensee.
(2) Suspension of a license held by the licensee.
(3) A civil penalty not to exceed five thousand dollars ($5,000).
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.40.
IC 4-31-12-17
Saliva, urine, or blood sample; procedure
Sec. 17. (a) The owner, the trainer, or a representative of theowner or trainer must be present in the quarantine area when a saliva,urine, or blood specimen is taken from a horse, and must remain untilthe specimen is sealed. The official tag attached to a specimen shallbe signed by the owner, the trainer, or the owner's or trainer'srepresentative as witness to the taking of the specimen. The judges
shall immediately suspend a person who:
(1) willfully fails to be present at the taking of a specimen;
(2) refuses to allow the taking of a specimen; or
(3) otherwise interferes with the taking of a specimen;
and the matter shall be referred to the commission for any furtherpenalty that the commission considers appropriate.
(b) An owner or trainer who is not present either in person or byrepresentative when a specimen is taken from a horse may not claimthat the specimen tested was not the specimen taken from the horse.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-18
Revocation of license
Sec. 18. The commission may permanently revoke the license ofa person who:
(1) injects a drug;
(2) administers a drench; or
(3) uses an electrical, a mechanical, or other appliance, exceptthe ordinary whip;
for the purpose of stimulating a horse or affecting its speed in a race.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.41.
IC 4-31-12-19
Possession of controlled substance; penalty
Sec. 19. A licensee who possesses a controlled substance (asdefined in IC 35-48) while on the premises of a permit holder shallbe fined, suspended, or fined and suspended by the judges inaccordance with IC 4-31-13.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-20
Possession of stimulants, hypodermic instrument, or electricalinstrument used to affect actions of a horse; penalty
Sec. 20. (a) This section does not apply to a veterinarian licensedby the commission.
(b) The judges or the commission may suspend the license of aperson who possesses:
(1) a drug or chemical that may be used as a stimulant;
(2) a hypodermic syringe, hypodermic needle, or otherinstrument that may be used for injection; or
(3) a battery or other electrical or mechanical instrument thatmay be used to affect the speed or actions of a horse;
on the premises of a permit holder.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-21
Veterinarians; controlled substances and injection instruments;handling and disposal
Sec. 21. A veterinarian may not: (1) leave a container of a controlled substance (as defined inIC 35-48); or
(2) leave or dispose of a hypodermic syringe, hypodermicneedle, or other instrument that may be used for injection;
on the premises of a permit holder.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-22
Veterinary school research account
Sec. 22. (a) The veterinary school research account (referred to inthis section as "the account") is established as an account within thestate general fund. The account shall be administered by PurdueUniversity. The account does not revert to the state general fund atthe end of a state fiscal year.
(b) The account consists of money deposited in the account underIC 4-31-9-3.
(c) Money in the account is annually appropriated to the PurdueUniversity School of Veterinary Medicine for use in equine research.Research conducted under this section must include but is not limitedto research on the effects of drugs on the race performance of horses.
(d) Before January 15 of each year, the Purdue University Schoolof Veterinary Medicine shall make a written report to thecommission concerning:
(1) the uses of the money received by the school under thissection; and
(2) the results of the research conducted by the school underthis section.
As added by P.L.24-1992, SEC.42.