Section Pari 703.04 - Racing With Elevated Total Carbon Dioxide Concentration(a) "Total carbon dioxide concentration" means the total concentration of carbon dioxide present in blood samples, or serum or plasma samples obtained from blood, collected from horses involved in races under the jurisdiction of the commission, sometimes known as the "TCO2 level."(b) No horse shall race if that horse has a total carbon dioxide concentration of over 37 millimoles per liter or 39 millimoles per liter for a horse which as been administered furosomide in compliance with this chapter.(c) No person under the jurisdiction of the commission shall engage in those acts for which a penalty applies under (e) (1) - (4) below.(d) A trainer of record shall:(1) In accordance with RSA 284: 38-a, be responsible for, and be the insurer of the condition of, any horse used for the purposes of racing which such trainer enters into a race; and(2) In addition to the prohibitions of (c) above, be subject to the imposition of penalties in the circumstances set forth in (e) (5) below.(e) The penalties set forth in (f) below shall apply to any person under the jurisdiction of the commission who: (1) Other than as a veterinarian administering such substance for generally accepted veterinary medical purposes, at such time as is necessary for the health of the horse, or as a person assisting such veterinarian in such circumstances, administers to any horse that is entered to participate in a race, that is racing, or that has completed a race and is subject to having a blood, urine or other sample taken but not yet had that sample taken, a substance that results in an elevation of the horse's total carbon dioxide concentration to a level of over 37 millimoles per liter or 39 millimoles per liter for a horse which has been administered furosomide in compliance with this chapter;(2) Instructs that any action be taken contrary to (e) (1) above;(3) Assists or aids in the taking of any action that is contrary to (e) (1) or (e) (2) above;(4) Otherwise causes a horse to race with a total carbon dioxide concentration contrary to (b) above; or(5) Is the trainer of record of any horse found to have been administered a substance contrary to (e) (1) above or which runs with a total carbon dioxide concentration exceeding the limit set forth in (b) above.(f) A violation of (c) above, or the existence of circumstances subjecting a trainer of record to penalties under (d) above shall, for the purposes of the imposition of penalties, be treated as if it constitutes an infraction of the ARCI Uniform Classification Guidelines for which the penalty provisions relative to a class 4 drug apply.N.H. Admin. Code § Pari 703.04
#8551, eff 1-26-06; amd by #9006, eff 10-12-07