N.Y. Comp. Codes R. & Regs. tit. 9 § 4120.2

Current throuogh Register Vol. 43, No. 11, March 17, 2021
Section 4120.2 - Restricted use of drugs, medication and other substances

Drugs and medications are permitted to be used only in accordance with the following provisions:

(a) The following substances are permitted to be used at any time up to race time:
(1) topical applications (such as antiseptics, ointments, salves, leg rubs, leg paints and liniments) that may contain antibiotics but do not contain benzocaine, DMSO, steroids or other drugs; and
(2) antibiotics, vitamins, electrolytes, and other food supplements so long as they are administered orally and as long as they do not contain any other drug or by their nature, exhibit drug-like actions or properties.
(b) Eligibility for the administration of furosemide.
(1) The administration of furosemide is permissible to a horse that has qualified for such use by any of the following means:
(i) the horse has bled visibly during a race or a workout, as determined by the State veterinarian;
(ii) the horse has bled during a race or workout, as determined by an attending veterinarian based upon such veterinarian's clinical assessment of the horse, which may or may not include endoscopic examination after the race or workout;
(iii) the horse has been qualified by the State veterinarian or a veterinarian employed by the racetrack for the administration of furosemide in another racing jurisdiction; or
(iv) the horse has raced on furosemide in its last race in a jurisdiction with rules substantially similar to New York State.
(2) If it is determined that a horse has qualified pursuant to paragraph (1) of this subdivision, and the owner or trainer elects to make the horse eligible for the administration of furosemide, the horse shall be placed on a list of horses that have bled, to be maintained by the State veterinarian, and shall not be permitted to race for the following periods of time:
(i) 1st time - 10 days after such episode of bleeding;
(ii) 2nd time - 30 days after such episode of bleeding;
(iii) 3rd time - 90 days after such episode of bleeding; and
(iv) 4th time - one year after such episode of bleeding.

Such list shall be made available to the public for inspection.

(3) Eligibility to race on furosemide. For a horse to be eligible to race on furosemide, the trainer of that horse must file satisfactory documentation of eligibility pursuant to this rule with the State veterinarian on or before time of entry.
(4) Removal from the furosemide list. A horse that has been eligible for the administration of furosemide may be removed from the list, upon authorization from the presiding or associate judge.
(5) Reinstatement to furosemide list. After removal from the furosemide list, a horse may be reinstated for the administration of furosemide if the horse again meets the requirements set forth in paragraph (1) of this subdivision and such horse shall not be permitted to race for the specific time period as set forth in subparagraphs (2)(i) through (iv) of this subdivision.
(6) Administration of furosemide. For the purposes of this section, furosemide shall be administered only in the following manner: A single intravenous (IV) injection of no less than 150 milligrams (3cc) and no more than 500 milligrams (10cc) on the grounds of a licensed or franchised racing association or corporation during the time period from 4 to 41/2 hours before the scheduled post time of the race in which the horse is to compete.
(7) Ineligibility to start. Any horse that is eligible for the administration of furosemide must be present on the grounds of the racing association or corporation no less than four hours prior to scheduled post time of the race in which the horse is scheduled to compete. A horse which is not present at least four hours prior to post time or that has not received the administration of furosemide pursuant to this rule shall be ineligible to start.
(c) The following substances may be administered by any means until 24 hours before the scheduled post time of the race in which the horse is to compete:
(1) antibiotics;
(2) sulfa-expectorants (e.g., sulfa-methoxypyridazine);
(3) tetanus antitoxin;
(4) electrolytles, vitamins, and other food supplements and body nutrients not containing procaine or other drugs;
(5) Omeprazole;
(6) Cimetidine;
(7) Ranatidine;
(8) Sucralfate.

They may not be administered by any means within 24 hours of the scheduled post time of the race in which the horse is to compete. In this regard, substances ingested by a horse shall be deemed administered at the time of eating and drinking. It shall be part of the trainer's responsibility to prevent such ingestion within such 24 hours.

(d) [Repealed.]
(e) The following substances are permitted to be administered by any means until 48 hours before the scheduled post time of the race in which the horse is to compete:
(1) aminophylline or theophylline;
(2) arsenic solution (e.g., Fowlers Solution);
(3) aspirin or sodium thiosalicylate;
(4) chymotrypsin (e.g., Kymar);
(5) diuretics (e.g., furosemide [Lasix], except as otherwise provided pursuant to subdivision [b] of this section, thiazide derivatives [e.g., Diuril]);
(6) epinephrine (adrenaline);
(7) selenium/Vitamin E (e.g., E-Se);
(8) griseofulvin (e.g., Fulvicin);
(9) hormones and non-anabolic steroids, e.g., progesterone, estrogens, chorionic gonadotropin, glucocorticoids, except in joint injections as restricted in subdivision (i) of this section;
(10) hyaluronic acid derivatives;
(11) immuno stimulants;
(12) iodine injection (e.g., hypodermin, Harvey's Injectible Blister);
(13) methenamine (e.g., urotropin);
(14) the following nonsteroidal anti-inflammatory drugs (NSAID' s): Phenylbutazone (e.g., Butazolidin), Flunixin (e.g., Banamine), meclofenamic acid (Arquel), naproxen (e.g., Naprosyn, Equiproxen), ketoprofen (e.g., Orudis);
(15) orgotein (e.g., Palosein);
(16) hydroxychloroquine sulfate (e.g., Rheaform);
(17) Sarapin;
(18) sulfonamide drugs (e.g., Sulfa); and
(19) biologics (e.g., bacterins, antitoxins except tetanus antitoxin).
(20) dimethyl sulfoxide (i.e., DMSO).
(21) notwithstanding paragraph (9) of this subdivision, the corticoste- roid methylprednisolone (e.g., Depo Medrol) is not a substance that is permitted to be administrated by any means until 48 hours before the scheduled post time of the race in which the horse is to compete.

None of these substances may be administered within 48 hours of the scheduled post time of the race in which the horse is to compete. In this regard, substances ingested by a horse shall be deemed administered at the time of eating and drinking. It shall be part of the trainer's responsibility to prevent such ingestion within such 48 hours.

(f) The following substances may be administered by any means until 72 hours before the scheduled post time of the race in which the horse is to compete:
(1) antihistamines;
(2) dantrolene;
(3) ketamine hydrochloride;
(4) methocarbamol (e.g., Robaxin);
(5) pentazocine (e.g., Talwin);
(6) pentoxifylline;
(7) trichloromethiazide; and
(8) vermifuges (worm medicines), except phenothiazine.

They may not be administered by any means within 72 hours of the scheduled post time of the race in which the horse is to compete. In this regard, substances ingested by a horse shall be deemed administered at the time of eating and drinking. It shall be part of the trainer's responsibility to prevent such ingestion within such 72 hours.

(g) The following substances are permitted to be administered by any means until 96 hours before the scheduled post time of the race in which the horse is to compete:
(1) acepromazine;
(2) albuterol;
(3) atropine;
(4) butorphanol;
(5) clenbuterol;
(6) detomidine;
(7) dipyrone;
(8) glycopyrrolate;
(9) guaifenesin;
(10) hydroxyzine;
(11) isoxsuprine;
(12) lidocaine;
(13) mepivicaine;
(14) phenytoin;
(15) pyrilamine;
(16) [z]xylazine.

They may not be administered with in 96 hours of the start of the scheduled post time of the race in which the horse is to compete. In this regard, substances ingested by a horse shall be deemed administered at the time of eating and drinking. It shall be part of the trainer's responsibility to prevent such ingestion within such 96 hours.

(h) A horse may not race for at least 14 days following an administra- tion of firocoxib.
(i) In addition, a horse that has had a joint aspirated (in conjunction with a steroid injection) may not race for at least five days following such procedure, and whenever such procedure is performed, the trainer shall notify the stewards of such fact, in writing, before the horse is entered to race.
(j) The listing, reference to, or denomination herein of any drug or other substance does not constitute endorsement, or recommendation by the commission for the use of such drug.
(k) A horse may not race for at least 14 days following an administra- tion of clenbuterol.
(l) Clenbuterol shall be administered only under the general supervi- sion of a treating veterinarian and in a manner not exceeding its use for treating respiratory disorders.
(m) A horse may not race after an administration of any formulation of methylprednisolone (e.g., Depo Medrol) unless such horse subsequently tests below the threshold set forth in section 4120.3 of this Part for such drug in a test conducted by or for the commission at the sole expense of the trainer of the horse, and is released to race by the presiding judge.
(n) No other drugs or medications (including procaine) may be administered by any means within one week of the scheduled post time of the race in which the horse is to compete. In this regard, substances ingested by a horse shall be deemed administered at the time of eating and drinking. It shall be part of the trainer's responsibility to prevent such ingestion within such one-week period.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4120.2

Amended, New York State Register January 21, 2015/Volume XXXVII, Issue 03, eff.4/1/2015