| (a) Except as otherwise provided by this section, a
horse or greyhound participating in a race may not carry in its body
a prohibited drug, chemical, or other substance.
(b) Furosemide at or below the approved tolerance level
in a horse that has been admitted to the furosemide program is permissible.
The maximum permissible concentration shall be published on the list
of therapeutic drugs posted under subsection (c) of this section.
(c) Therapeutic drugs that are necessary for treatment
of illness or injury in race animals are permissible, provided that:
(1) the therapeutic drug is on a written list of permissible
levels of therapeutic medications that is approved by the executive
secretary, maintained by the commission veterinarian, and posted in
the commission veterinarians' office; and
(2) the concentration of the drug does not exceed the
maximum permissible concentration on the written list of therapeutic
drugs.
(d) Except as otherwise provided by this chapter, a
person may not administer or cause to be administered to a horse or
greyhound a prohibited drug, chemical, or other substance, by injection,
oral or topical administration, rectal infusion or suppository, nasogastric
intubation, inhalation, or any other means during the 24-hour period
before the post time for the race in which the animal is entered.
(e) A positive finding by a chemist of a prohibited
drug, chemical, or other substance in a test specimen of a horse or
greyhound collected on the day of a race, subject to the rules of
the commission relating to split specimens, is prima facie evidence
that the prohibited drug, chemical, or other substance was administered
to the animal and was carried in the body of the animal while participating
in a race.
(f) Except as provided in paragraph (1) of this subsection,
beta-agonists are prohibited substances and shall not be administered
to a horse participating in racing at any time.
(1) A horse may only be administered beta-agonists
if:
(A) it is prescribed by a licensed veterinarian;
(B) within 24 hours of initiating treatment, the trainer
or owner has submitted to the Commission a form prescribed by the
Commission and signed by the attending veterinarian, indicating:
(i) the name of the horse;
(ii) the name of the trainer;
(iii) the name of the attending veterinarian;
(iv) that the attending veterinarian has personally
examined the horse and made an accurate clinical diagnosis justifying
the prescription;
(v) the proper dosage and route of administration;
and
(vi) the expected duration of treatment; and
(C) only FDA-approved beta-agonists that are labeled
for use in the horse is prescribed and dispensed.
(2) A horse that has been administered beta-agonists
under paragraph (1) of this subsection shall be placed on the Veterinarian's
List for a period ending not less than 30 days after the last administration
of the drug as prescribed, subject to a negative test for beta-agonist
drugs before being removed from the list.
(A) In order to have a horse removed from the Veterinarian's
List after being placed on the list pursuant to paragraph (1) of this
subsection, the trainer must contact a commission veterinarian to
schedule a time and test barn location where the horse must be presented
after the thirtieth day in order for a commission veterinarian to
obtain test specimens to be submitted to the official laboratory for
testing.
(B) The cost of each test conducted under this section,
including applicable shipping costs, shall be borne by the owner and
must be paid in full at the time the specimens are shipped to the
laboratory.
(C) The collected specimens must not have any detectable
level of beta-agonist drugs. If no detectable level of any beta-agonist
drug is present, the horse shall be removed from the Veterinarian's
List. If a detectable level of any beta-agonist drug is present, then
the horse shall remain on the Veterinarian's List until such time
that a test specimen reveals no detectable level of any beta-agonist
drug.
(D) A horse placed on the Veterinarian's List pursuant
to paragraph (1) of this subsection may not be entered in a race until
it has been removed from the list.
|
| Source Note: The provisions of this §319.3 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective November 29, 1990, 15 TexReg 6589; amended to be effective April 3, 1991, 16 TexReg 1748; amended to be effective November 22, 1991, 16 TexReg 6459; amended to be effective August 3, 1992, 17 TexReg 5084; amended to be effective November 1, 1998, 23 TexReg 10637; amended to be effective November 1, 2001, 26 TexReg 8512; amended to be effective December 8, 2011, 36 TexReg 8371; amended to be effective January 1, 2014, 38 TexReg 9528; amended to be effective September 10, 2018, 43 TexReg 5680; amended to be effective November 20, 2019, 44TexReg 7045; amended to be effective June 29, 2022, 47 TexReg 3683 |
