State Codes and Statutes

Statutes > Michigan > Chapter-431 > Act-279-of-1995 > Section-431-330

HORSE RACING LAW OF 1995 (EXCERPT)
Act 279 of 1995

431.330 Administration of drug or foreign substance.

Sec. 30.

(1) A drug or painkiller that is a stimulant to a horse or depressant to a horse shall not be administered to a horse or be present in a horse that is intended to be entered, is entered, or participates in a race with wagering by pari-mutuel methods or any nonbetting race or workout that is conducted at a licensed race meeting in this state. Any drug or foreign substance, other than a stimulant or depressant, may be administered to a horse or present in a horse that is intended to be entered, is entered, or participates in a race with wagering by pari-mutuel methods or any nonbetting race or workout that is conducted at a licensed race meeting in this state only if authorized by the racing commissioner by rule or written order for use in the care or treatment of the horse. A veterinarian is not prohibited by this section from administering to a horse any drug or foreign substance that is necessary and appropriate for the emergency veterinary care and treatment of the horse under accepted standards of veterinary practice in this state. The treating veterinarian and the horse's trainer shall report immediately to the racing commissioner, the state veterinarian, or the state steward any unauthorized or emergency administration of an unauthorized drug or foreign substance to a horse that is intended to be entered, is entered, or participates in a race or workout at a licensed race meeting in this state, before the running of the race or workout, in the manner and form prescribed by the racing commissioner and the stewards shall scratch the horse from the race. A veterinarian who administers a drug or foreign substance to any horse that is intended to be entered, is entered, or participates in a race or workout that is to be conducted at a licensed race meeting in this state shall keep and maintain a true and complete written record of the veterinarian's examination, examination findings, diagnosis and treatment of the horse, and all drugs or foreign substances administered to the horse by the veterinarian, in the manner and form prescribed by the racing commissioner, and shall provide the record to the commissioner for review upon request.

(2) The racing commissioner or his or her designee shall conduct random testing to detect the presence of a drug or foreign substance in all winning horses and in any other horse in each pari-mutuel horse race and may conduct individual testing for the presence of a drug or foreign substance in any specific horse within the racetrack.

(3) The racing commissioner shall issue written orders or promulgate rules pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, that specify the condition of the horse that must exist in order to permit authorization of the use and possession of a foreign substance or a permissible drug for the intended care or treatment of a horse and that specify the procedures that must be followed in administering the authorized drugs. Any written order issued by the racing commissioner pursuant to this section shall be available for review in the office of racing commissioner at each licensed race meeting in this state.

(4) Except as authorized by the racing commissioner or as provided in this section, a person who administers or conspires to administer a drug or foreign substance, that could affect the racing condition or performance of a horse, internally, externally, by hypodermic method, or by any other method, to a horse that is intended to be entered, is entered, or participates in a race or workout at a licensed race meeting in this state, or who knowingly starts a horse in any race or workout at a licensed race meeting in this state knowing that the horse was administered a drug or foreign substance, by any method, after the horse was entered or intended to be entered in the race or workout is guilty of a felony punishable by a fine of not more than $10,000.00 or by imprisonment for not more than 5 years, or both.

(5) A postmortem examination shall be performed on every horse that dies at a racetrack. A postmortem examination shall be a complete autopsy unless the racing commissioner on the advice of the veterinarian is satisfied as to the cause of death without the complete autopsy being performed. A complete autopsy shall be ordered and performed if the presence of a drug or foreign substance in the horse is suspected.


History: 1995, Act 279, Imd. Eff. Jan. 9, 1996

State Codes and Statutes

Statutes > Michigan > Chapter-431 > Act-279-of-1995 > Section-431-330

HORSE RACING LAW OF 1995 (EXCERPT)
Act 279 of 1995

431.330 Administration of drug or foreign substance.

Sec. 30.

(1) A drug or painkiller that is a stimulant to a horse or depressant to a horse shall not be administered to a horse or be present in a horse that is intended to be entered, is entered, or participates in a race with wagering by pari-mutuel methods or any nonbetting race or workout that is conducted at a licensed race meeting in this state. Any drug or foreign substance, other than a stimulant or depressant, may be administered to a horse or present in a horse that is intended to be entered, is entered, or participates in a race with wagering by pari-mutuel methods or any nonbetting race or workout that is conducted at a licensed race meeting in this state only if authorized by the racing commissioner by rule or written order for use in the care or treatment of the horse. A veterinarian is not prohibited by this section from administering to a horse any drug or foreign substance that is necessary and appropriate for the emergency veterinary care and treatment of the horse under accepted standards of veterinary practice in this state. The treating veterinarian and the horse's trainer shall report immediately to the racing commissioner, the state veterinarian, or the state steward any unauthorized or emergency administration of an unauthorized drug or foreign substance to a horse that is intended to be entered, is entered, or participates in a race or workout at a licensed race meeting in this state, before the running of the race or workout, in the manner and form prescribed by the racing commissioner and the stewards shall scratch the horse from the race. A veterinarian who administers a drug or foreign substance to any horse that is intended to be entered, is entered, or participates in a race or workout that is to be conducted at a licensed race meeting in this state shall keep and maintain a true and complete written record of the veterinarian's examination, examination findings, diagnosis and treatment of the horse, and all drugs or foreign substances administered to the horse by the veterinarian, in the manner and form prescribed by the racing commissioner, and shall provide the record to the commissioner for review upon request.

(2) The racing commissioner or his or her designee shall conduct random testing to detect the presence of a drug or foreign substance in all winning horses and in any other horse in each pari-mutuel horse race and may conduct individual testing for the presence of a drug or foreign substance in any specific horse within the racetrack.

(3) The racing commissioner shall issue written orders or promulgate rules pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, that specify the condition of the horse that must exist in order to permit authorization of the use and possession of a foreign substance or a permissible drug for the intended care or treatment of a horse and that specify the procedures that must be followed in administering the authorized drugs. Any written order issued by the racing commissioner pursuant to this section shall be available for review in the office of racing commissioner at each licensed race meeting in this state.

(4) Except as authorized by the racing commissioner or as provided in this section, a person who administers or conspires to administer a drug or foreign substance, that could affect the racing condition or performance of a horse, internally, externally, by hypodermic method, or by any other method, to a horse that is intended to be entered, is entered, or participates in a race or workout at a licensed race meeting in this state, or who knowingly starts a horse in any race or workout at a licensed race meeting in this state knowing that the horse was administered a drug or foreign substance, by any method, after the horse was entered or intended to be entered in the race or workout is guilty of a felony punishable by a fine of not more than $10,000.00 or by imprisonment for not more than 5 years, or both.

(5) A postmortem examination shall be performed on every horse that dies at a racetrack. A postmortem examination shall be a complete autopsy unless the racing commissioner on the advice of the veterinarian is satisfied as to the cause of death without the complete autopsy being performed. A complete autopsy shall be ordered and performed if the presence of a drug or foreign substance in the horse is suspected.


History: 1995, Act 279, Imd. Eff. Jan. 9, 1996


State Codes and Statutes

State Codes and Statutes

Statutes > Michigan > Chapter-431 > Act-279-of-1995 > Section-431-330

HORSE RACING LAW OF 1995 (EXCERPT)
Act 279 of 1995

431.330 Administration of drug or foreign substance.

Sec. 30.

(1) A drug or painkiller that is a stimulant to a horse or depressant to a horse shall not be administered to a horse or be present in a horse that is intended to be entered, is entered, or participates in a race with wagering by pari-mutuel methods or any nonbetting race or workout that is conducted at a licensed race meeting in this state. Any drug or foreign substance, other than a stimulant or depressant, may be administered to a horse or present in a horse that is intended to be entered, is entered, or participates in a race with wagering by pari-mutuel methods or any nonbetting race or workout that is conducted at a licensed race meeting in this state only if authorized by the racing commissioner by rule or written order for use in the care or treatment of the horse. A veterinarian is not prohibited by this section from administering to a horse any drug or foreign substance that is necessary and appropriate for the emergency veterinary care and treatment of the horse under accepted standards of veterinary practice in this state. The treating veterinarian and the horse's trainer shall report immediately to the racing commissioner, the state veterinarian, or the state steward any unauthorized or emergency administration of an unauthorized drug or foreign substance to a horse that is intended to be entered, is entered, or participates in a race or workout at a licensed race meeting in this state, before the running of the race or workout, in the manner and form prescribed by the racing commissioner and the stewards shall scratch the horse from the race. A veterinarian who administers a drug or foreign substance to any horse that is intended to be entered, is entered, or participates in a race or workout that is to be conducted at a licensed race meeting in this state shall keep and maintain a true and complete written record of the veterinarian's examination, examination findings, diagnosis and treatment of the horse, and all drugs or foreign substances administered to the horse by the veterinarian, in the manner and form prescribed by the racing commissioner, and shall provide the record to the commissioner for review upon request.

(2) The racing commissioner or his or her designee shall conduct random testing to detect the presence of a drug or foreign substance in all winning horses and in any other horse in each pari-mutuel horse race and may conduct individual testing for the presence of a drug or foreign substance in any specific horse within the racetrack.

(3) The racing commissioner shall issue written orders or promulgate rules pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, that specify the condition of the horse that must exist in order to permit authorization of the use and possession of a foreign substance or a permissible drug for the intended care or treatment of a horse and that specify the procedures that must be followed in administering the authorized drugs. Any written order issued by the racing commissioner pursuant to this section shall be available for review in the office of racing commissioner at each licensed race meeting in this state.

(4) Except as authorized by the racing commissioner or as provided in this section, a person who administers or conspires to administer a drug or foreign substance, that could affect the racing condition or performance of a horse, internally, externally, by hypodermic method, or by any other method, to a horse that is intended to be entered, is entered, or participates in a race or workout at a licensed race meeting in this state, or who knowingly starts a horse in any race or workout at a licensed race meeting in this state knowing that the horse was administered a drug or foreign substance, by any method, after the horse was entered or intended to be entered in the race or workout is guilty of a felony punishable by a fine of not more than $10,000.00 or by imprisonment for not more than 5 years, or both.

(5) A postmortem examination shall be performed on every horse that dies at a racetrack. A postmortem examination shall be a complete autopsy unless the racing commissioner on the advice of the veterinarian is satisfied as to the cause of death without the complete autopsy being performed. A complete autopsy shall be ordered and performed if the presence of a drug or foreign substance in the horse is suspected.


History: 1995, Act 279, Imd. Eff. Jan. 9, 1996