New Mexico Register / Volume XXIII, Number 3 / February 15, 2012

Explanatory Paragraph: This is an amendment to 15.2.6 NMAC, Subsections 8, 9 and 12, effective 02/15/12. In 15.2.6.8 NMAC, Subsections A, C and D were not published as there were no changes. In 15.2.6.8 NMAC, Subsections A through I were not published as there were no changes. In 15.2.6.12 NMAC, Subsections A and B were not published as there were not changes.

15.2.6.8 VETERINARY PRACTICES

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B. TREATMENT RESTRICTIONS:

(1) Except as otherwise provided by this subsection, no person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission may administer a prescription or controlled medication, drug, chemical or other substance (including any medication, drug, chemical or other substance by injection) to a horse at any location under the jurisdiction of the commission.

(2) This subsection does not apply to the administration of the following substances except in approved quantitative levels, if any, present in post-race samples or as they may interfere with post-race testing:

(a) a recognized non-injectable nutritional supplement or other substance approved by the official veterinarian;

(b) a non-injectable substance on the direction or by prescription of a licensed veterinarian;

(c) a non-injectable non-prescription medication or substance.

(3) No person shall possess [a hypodermic needle, syringe or injectable of any kind on association premises, unless otherwise approved by the Commission.] on any location under the jurisdiction of the commission any of the following unless approved by the commission:

(a) any drug which is a narcotic, stimulant, or depressant, or any other substance or medication that has been prepared or packaged for injection by a hypodermic syringe, or hypodermic needle;

(b) any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration.

(4) At any location under the jurisdiction of the commission, veterinarians may use only one-time disposable needles, and shall dispose of them in a manner approved by the commission.

(5) If a person has a medical condition which makes it necessary to [have a syringe at any location under the jurisdiction of the Commission,] possess a prohibited item pursuant to Paragraph (3) of Subsection B of 15.2.6.8 NMAC, that person may:

(a) request permission of the stewards [and/or] or the commission in writing;

(b) furnish a letter from a licensed physician explaining why it is necessary for the person to possess a [syringe,] prohibited item;

(c) and must comply with any conditions and restrictions set by the stewards [and/or] or the commission.

(6) If the licensee is a trainer the following requirements are to be followed: Commencing on the day of the alleged violation, all of the trainer’s horses that will be racing within 48 hours will be tested by the commission’s official laboratory. Upon a finding of a violation by the board of stewards of Paragraph (3) of Subsection B of 15.2.6.8 NMAC payment of all costs for testing of the horses shall be borne by the trainer.

(7) The recommended penalty (in absence of mitigating circumstances) for violation of Paragraph (3) of Subsection B of 15.2.6.8 NMAC is a fifteen hundred dollar ($1,500) fine and a six month suspension.

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[15.2.6.8 NMAC - Rp, 15 NMAC 2.6.8, 04/13/2001; A, 07/15/2002; A, 02/15/2012]

15.2.6.9 MEDICATIONS AND PROHIBITED SUBSTANCES:

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J. ENVIRONMENTAL SUBSTANCES: Although the following environmental contaminants or substances may be found in the horse, no sample or specimen shall exceed the following levels when tested: benzoylecgonine - 150 nanograms per milliliter in urine; caffeine - 100 nanograms per milliliter in plasma/serum; cathinone - 10 nanograms per milliliter in urine; hydrocortisone - 1000 nanograms per milliliter in urine; lidocaine - 50 nanograms per milliliter in urine; morphine/morphine glucuronides - 100 nanograms per milliliter in urine; scopolamine - 75 nanograms per milliliter in urine; strychnine - 100 nanograms per milliliter in urine; theobromine - 2000 nanograms per milliliter in urine; and, theophylline - 400 nanograms per milliliter in urine.

K. SUSPENSION OF AUTHORIZED MEDICATION:

(1) After a public meeting that has been noticed in accordance with the Open Meetings Act, Sections 10-15-1 through 10-15-4 NMSA, 1978, the commission may, for any cause, temporarily suspend the authorized administration to a horse entered to race of any drug, substance or medication that is otherwise permitted under Subsection C of 15.2.6.9 NMAC.

(2) The temporary suspension of the authorized administration of a drug, substance or medication may be for a race, breed, or race meeting, provided all horses in the same race compete under the same conditions.

(3) The commission shall notify in writing the racing association, the trainer’s organization, and licensed veterinarians of any temporary suspension of authorization to administer a drug, substance or medication to a horse entered to race. The written notification shall at minimum:

(a) state the authorized medication whose use is temporarily suspended,

(b) the period of time for which the use of the authorized medication is temporarily suspended, and

(c) whether the temporary suspension is for a specific breed or a race meeting.

(4) A suspension of authorization to administer a drug, substance or medication to a horse entered to race shall not exceed 12 months.

[15.2.6.9 NMAC - Rp, 15 NMAC 2.6.9, 04/13/2001; A, 08/30/2001; A, 07/15/2002; A, 08/15/2002; A, 09/29/2006; A, 10/31/2006; A, 08/30/2007; A, 01/31/2008; A, 03/01/2009; A, 06/15/2009; A, 06/30/2009; A, 09/15/2009; A, 12/15/2009; A, 03/16/2010; A, 07/05/2010; A, 09/01/2010; A, 12/01/2010; A, 11/01/2011; A, 02/15/2012]

15.2.6.12 PHYSICAL INSPECTION OF HORSES:

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C. POSTMORTEM EXAMINATION:

(1) The commission may require a postmortem examination of any horse that dies or is euthanized on association grounds.

(2) The commission may require a postmortem examination of any horse that dies or is euthanized at recognized training facilities within this jurisdiction.

(3) If a postmortem examination is to be conducted, the commission shall take possession of the horse upon death for a postmortem examination. All shoes and equipment on the horse’s legs shall be left on the horse.

(4) If a postmortem examination is to be conducted, the commission or its representative shall collect blood, urine, bodily fluids, or other biologic specimens immediately, if possible before euthanization. The commission may submit blood, urine, bodily fluid, or other biologic specimens collected during a postmortem examination for testing analysis. The presence of a prohibited substance in a specimen collected during the postmortem examination may constitute a violation.

(5) Requests for each postmortem examination shall be filed with the official veterinarian by the owner’s or trainer’s veterinarian within one hour of the death and shall be submitted on a necropsy submission form entitled New Mexico racing commission necropsy submission form, hereby incorporated by reference and which is available at all official veterinarian offices and all stable gates. The trainer or their designee is responsible to supply all information to complete this form.

(6) All licensees shall be required to comply with postmortem examination requirements as a condition of licensure. In proceeding with a postmortem examination the commission or its designee shall coordinate with the owner or the owner’s authorized agent to determine and address any insurance requirements.

(7) Postmortem examinations shall be conducted according to the most recent edition of the American association of equine practitioners’ guidelines for the necropsy of racehorses.

(8) Upon completion of the postmortem examination the diagnostic laboratory shall file a written report with the racing commission’s agency director and official veterinarian.

(9) The owner or the owner’s authorized agent will be responsible for all costs of a postmortem examination, i.e., testing fees, transportation of the horse, disposal, etc, when the results of a postmortem examination constitute a violation of the New Mexico racing commission rules.

[15.2.6.12 NMAC - Rp, 15 NMAC 2.6.12, 04/13/2001; A, 09/01/2010; A, 12/01/2010; A, 11/01/2011; A, 02/15/2012]