Section 017-11-5 - Prohibited Practices1.Possession of hypodermic apparatusA. Except as provided in this subsection, it is a violation of this chapter for a licensee, while in the paddock area, to have in his or her possession during a licensed race meet any equipment for hypodermic injections. (1) A licensed veterinarian may possess equipment for hypodermic injections.(2) A licensee may possess equipment for hypodermic injections to humans if:(a) The equipment is solely for the purpose of administering chemical or biological substances to the licensee who possesses that equipment or to a minor child of the licensee;(b) The licensee has notified the Presiding Judge clearly identifying to the Judge the type and size of the equipment and the chemical or biological substances to be administered by that equipment; and,(c) The Presiding Judge has given written permission for the possession and use of that equipment.2.Possession of drug paraphernaliaIt is a violation of this chapter for a licensee to have in his or her possession in the paddock of an Association during a licensed race meet or be responsible for bringing into the paddock area of an Association during a licensed race meet any drug paraphernalia.
A. As used in this section the term "drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use in injecting, ingesting, inhaling, applying or otherwise introducing into or onto the body of a horse a prohibited substance in violation of this chapter.B. For purposes of this section, drug paraphernalia does not include hypodermic apparatus. Possession of hypodermic apparatus constitutes a separate offense under section 15 of this chapter.C. In determining whether an object is drug paraphernalia, the Commission, the court, or other authority should consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner of the object or by anyone in control of the object concerning its use;(2) Prior violations of this section, if any, of an owner of the object or of anyone in control of the object;(3) The proximity of the object, in time and space, to circumstances that constitute a direct violation of this section;(4) The proximity of the object to a prohibited substance;(5) The existence of any residue of prohibited substance on the object;(6) The existence and scope of legitimate uses of the object in the paddock area; and,(7) Expert testimony concerning its use.D. Any drug paraphernalia possessed in violation of this section is declared to be contraband and may be seized and confiscated by the Commission.3.Possession of drug or prescription medicationExcept as provided in this section, it is a violation of this chapter for a licensee to have in his or her possession in the paddock area of an Association during a licensed race meet or be responsible for bringing in the paddock area of an Association any drug or prescription medication.
A. A licensed veterinarian may possess a drug or prescription medication.B. A licensee may possess a drug or prescription medication for a horse if it is for an existing condition and is prescribed by a veterinarian and it is a Permitted Substance identified in Section 4 of this chapter. The supply of the drug or prescription medication permitted shall be limited by ethical practice consistent with the purposes of this chapter.C. A licensee may possess a chemical or biological substance for humans if: (1) The substance is solely for the use of the licensee who possesses that substance or to a minor child of the licensee;(2) The licensee has submitted a sworn statement to the Presiding Judge clearly identifying to the Judge the chemical or biological substance and the intended use of that substance;(3) The licensee has in his or her possession documentary evidence of a valid prescription for that substance, if a prescription is required by state or federal law for that substance to be dispensed; and,(4) The Presiding Judge has given written permission for the possession of that substance.4.Right to Inspect and SeizeThe Department shall have the right to enter into or upon the buildings, stables, rooms or other places within the grounds of a licensed Association and to examine same and to inspect and examine the personal property and effects of any person within such place. Except as provided in Section 2 of this chapter, a judge or State Steward may seize any hypodermic syringe, hypodermic needle, or other device that could be used for the injection or other infusion into a horse of a prohibited substance.
5.Treatment RestrictionsA. Except as provided in Section 1, subsection 1 5, of this chapter, a person other than a licensed veterinarian shall not administer a prescription or controlled drug, medication, or other substance to a horse while in the paddock area of a licensed Association.B. The only injectable allowed within twenty-four (24) hours prior to post time of the race in which the horse is entered shall be furosemide, as set forth in this chapter.C. Except as provided in Section 1, subsection 13 of this chapter, a person other than a licensed veterinarian shall not possess a hypodermic needle, syringe, or injectable of any kind while in the paddock area of a licensed Association.6.Prohibited TreatmentsIt shall be considered a violation of the trainer responsibilities to practice, administer, or treat or otherwise permit a therapy or method identified below, which may endanger the health and welfare of the horse or endanger the safety of the driver, or the use of which may adversely affect the integrity of racing:
A.Intermittent Hypoxic Treatment by External DeviceB.Shock Wave Therapy/Instruments(1) Only a licensed veterinarian may possess an instrument used for shock wave therapy.(2) No horse shall be treated with any form of shock wave therapy within seven (7) days of racing (the day of the treatment shall be considered the first day in counting the number of days).(3) Only a licensed veterinarian shall perform the administration of shock wave therapy. A veterinarian using shock wave therapy shall document and report each treatment to the Commission and/or the Department Veterinarian.(4) A violation of this section of the rules shall be considered a Class "C" violation.01-017 C.M.R. ch. 11, § 5