N.Y. Comp. Codes R. & Regs. tit. 9 § 4002.29

Current through Register Vol. 46, No. 25, June 18, 2024

Section 4002.29 - Rider medical fitness for licensing

(a) Rider means a jockey, apprentice jockey, exercise rider, outrider, pony rider or other individual whose job requires the person to mount or ride a horse on the racetrack grounds.

(b) Each rider must comply with the requirements of this section before a license may be issued or renewed.

(c) Each rider shall meet the following fitness standards:

(1) has a minimum 20/20 vision acuity, corrected, in one eye as certified by a licensed physician or optometrist in a form and manner approved by the commission.

(2) has hearing capability with a minimum range of 500-2000 c/sec and no hearing loss greater than 35 A-weighted decibels (dBA) in either ear, and that is adequate to hear instructions and not risk the safety of other jockeys, as certified by a licensed physician or licensed audiologist in a form and manner approved by the commission; and

(3) has an appropriate range of pain-free movement and, if necessary, possesses radiological evidence of a sound bony union of a fractured or cracked bone, has clearance from an orthopedic surgeon and can show that his or her ability to ride safely is unaffected.

(d) Each rider shall be medically certified:

(1) before his or her license is issued or renewed by the commission, by a licensed physician where the licensee is domiciled, in a form and manner approved by the commission, that such rider:

(i) is not currently taking, or has not recently taken or is not prescribed or recommended to take medication that:

(a) may put such rider at greater risk in the event of a fall;

(b) has side effects, actual or potential, that could interfere with such rider's physical capability, judgment, coordination or alertness; or

(c) may interfere with such rider's physical capability, judgment, coordination or alertness;

(ii) has not been prescribed or taken any anticonvulsant medication for at least 10 years and does not have a current susceptibility to convulsions; and

(iii) has no established cardiovascular disease, endocrine disorder, chronic gastrointestinal disease, renal failure or transplant, neoplasia, psychiatric disorder, debilitation respiratory disorder, neurological disorder, past history of head injury, intracranial bleed, skull fracture, intracranial arteriovenous malformation or aneurysm, cerebrovascular disease, unexplained loss of consciousness or cranial surgery; or

(2) in writing by a treating or attending physician for each condition set forth in subparagraphs (i) through (iii) of paragraph (1) of this subdivision, who describes and explains to the satisfaction of the commission in a form and manner approved by the commission and certifies that the current condition of the licensee shall not affect the performance of any work activities of such person or pose a risk to the health and safety of any other individuals at work or to the horses.

(e) In cases in which a rider has a medical condition set forth in subdivisions (c) or (d) of this section, such rider may be required to submit additional medical information and be subjected to testing. The commission may find that there are situations and cases where restrictions on riding may be advisable on a temporary or permanent basis, and the commission may impose such restrictions.

(f) A rider applicant or licensee may be found to have another medical condition that is not compatible with safe riding if the condition requires medication or treatment that may impact such rider's ability to ride safely, the medical condition could cause a sudden incapacity of such rider during riding, or the medical condition cannot be safely accommodated during riding and places the health and safety of fellow riders, facility staff or other persons or horses at risk.

(g) Every rider must have an account established with the jockey health information system or to such comparable system as the commission may designate (HIS).

(h) Every rider must undergo and pass a baseline concussion assessment using the most current sport concussion assessment tool testing protocol and upload the results of such concussion assessment into the HIS.

(i) The stewards may require any rider to be re-examined at any time. The stewards may refuse to allow a rider to mount or ride a horse until such rider has successfully passed such examination.

(j) All medical and related information provided to the HIS, stewards or commission pursuant to this section shall constitute protected personal privacy information within the meaning of Public Officers Law sections 87(2)(b) and 89(2)(b), and such information shall not be disclosed or disseminated except in compliance with all applicable law and rules.

(k) Notwithstanding anything to the contrary in this section:

(1) the baseline concussion assessment requirement may be waived for seven calendar days for a rider who submits the request in writing to the state steward and is granted permission prior to the running of a race. No waiver shall be granted more than once in a calendar year;

(2) a jockey who is not domiciled in New York may request from the state steward a waiver of this section or any part of this section until the jockey has been named to ride a fourth program at a race meeting or in a calendar year; and

(3) a rider who has not met the requirements of this section may be issued a license by the interstate compact on licensure of participants in live horse racing with pari-mutuel wagering, but shall not be permitted to participate in racing in New York.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4002.29

Adopted New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020