Okla. Admin. Code § 325:45-1-2

Current through Vol. 42, No. 4, November 1, 2024
Section 325:45-1-2 - Definitions

In addition to the definitions provided at 3A O.S. § 200.1, the following words or terms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means the Oklahoma Horse Racing Act 3A O.S. § 200 et seq.

"Analog" means any Chemical with structural or Chemical similarity to the parent or original Chemical.

"Assistant Trainer" means a person qualified and licensed by the Commission as an Assistant Trainer.

"Biological sample" means any physical sample collected from any part of a Horse.

"Bleeder" means a Horse that is bleeding through one or both nostrils or hemorrhaging in the lumen of the respiratory tract during or following exercise or a Race.

"Chemical" means a Substance having a specific molecular composition.

"Commissioner" means a member of the Oklahoma Horse Racing Commission.

"Compound substance" means combining two or more Substances which constitutes the development of a new Substance.

"Conditions of a race" means the requirements which determine the eligibility of a Horse to be entered in a Race.

"Day" means a 24-hour period beginning and ending at midnight.

"Enclosure" means all buildings, structures, and grounds utilized for the conduct of race meetings and gaming at the racetrack and any additional areas designated by the Commission.

"Entered horse" means a Horse appearing on the overnight sheet posted by the Racing Secretary.

"Horse" means any equine including mares, fillies, stallions, colts, ridglings, and geldings.

"Intra-articular injection" means the injection of a Substance into a joint space.

"Listed threshold" means the maximum concentration of a Substance detected in a Post-Race Test which is permitted within a particular breed of Horse by Commission rules.

"mcg" means the standard unit of weight, microgram.

"Metabolite" or "metabolic derivative" means any by-product resulting from a Substance metabolizing within a Horse's body.

"ml" means the standard unit of volume, milliliter.

"Naturally occurring substance" means any Chemical, Analog, Metabolite, or Metabolic Derivative that exists naturally in the body of an untreated Horse.

"ng" means the standard unit of weight, nanogram.

"Official Veterinarian" means a person who is licensed to practice veterinary medicine by the State of Oklahoma and employed by the Commission and qualified and licensed by the Commission as an Official Veterinarian.

"Official work" means a timed work at a pre-determined distance, as recognized by Equibase.

"Out-of-competition testing" means any testing within the Enclosure by the Official Veterinarian that is not Pre-Race Testing or Post-Race Testing.

"Organization license" means a state requirement for any person or entity conducting a Race meeting in Oklahoma within the minimum standards required by the Act and the rules of the Commission.

"Owner" means any person who holds, in whole or in part, any right, title or interest in a Horse or any person who is a lessee or lessor of a Horse and has been duly issued a currently- valid Owner license as a person responsible for such Horse.

"Parenteral administration" means administration of Substances by injection, including intravenous, intramuscular, or subcutaneous injections.

"Permitted substance" means any Substance having a listed threshold for a particular breed of Horse unless otherwise specified by Commission rules.

"pg" means the standard unit of weight, picogram.

"Plasma" means the fluid portion of the blood, which includes fibrinogen but does not include blood cells.

"Post-race testing" means the collection of Biological Samples by the Official Veterinarian or designee from any Horse participating in a Race and directed to report to the Test Barn following the finish of a Race or as otherwise provided by Commission rules if the Horse cannot report to the test Barn.

"Practicing veterinarian" means a person employed by a Trainer or Owner to medically treat Horses, is licensed to practice veterinary medicine by the State of Oklahoma, and is licensed as a veterinarian by the Commission.

"Pre-race testing" means the collection of Biological Samples by the Official Veterinarian or designee from any Horse entered to participate in a Race prior to the actual running of the Race.

"Prima Facie evidence" means evidence sufficient to establish a fact unless rebutted by other evidence.

"Primary laboratory" means the laboratory or subcontractor of the laboratory approved by the Commission for primary analysis of Biological Samples.

"Prohibited substance" means any Substance, Chemical, or Analog that is not listed by Commission rules as a Permitted Substance for a particular breed of Horse or is not a naturally Occurring Substance.

"Race" means a contest between Horses.

"Race day" means a day during a Race meeting when live Races are conducted at that racetrack.

"Racing Veterinarian" means a person who is licensed to practice veterinary medicine by the State of Oklahoma, employed by the Organization Licensee, and qualified and licensed by the Commission as a Racing Veterinarian.

"Referee laboratory" means a Commission approved laboratory which accepts referee/split Samples previously reported by the Primary Laboratory as positive for Prohibited Substances, reported as exceeding the listed threshold for a Permitted Substance, or reported as exceeding the listed threshold of a Naturally Occurring Substance.

"Safety Steward" means a duly appointed Racing Official with powers and duties specified by statutes or rules.

"Steward" means a duly appointed Racing Official with powers and duties specified by statutes or rules.

"Serum" means the liquid portion of Plasma that remains after fibrinogen has been removed.

"Substance" means any kind of physical matter existing in a solid, liquid, or gaseous state or some combination thereof and includes any drugs or medications referred to under the Oklahoma Horse Racing Act, 3A O.S. § 200 et seq..

"Substance violation" means any violation of medication laws or the rules contained within this Chapter.

"Test Barn" means a structure with sufficient facilities to collect Biological Samples in the manner required by Commission rules.

"Trainer" means a person qualified and licensed by the Commission as a Trainer.

"Veterinarian's list" means the veterinarian's list specified by OAC 325:20-1-23.

"Week" means a seven (7) day period.

"Year" means a 365 day period.

Okla. Admin. Code § 325:45-1-2

Amended at 16 Ok Reg 3307, eff 7-26-99 ; Amended at 17 Ok Reg 2420, eff 6-26-00 ; Amended at 20 Ok Reg 1231, eff 5-27-03 ; Amended at 23 Ok Reg 977, eff 5-11-06 ; Amended at 23 Ok Reg 2071, eff 5-9-06 (emergency); Amended at 23 Ok Reg 977, eff 5-11-06 ; Amended at 23 Ok Reg 2594, eff 6-25-06 ; Amended at 30 Ok Reg 511, eff 5-15-13

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018
Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/14/2020
Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022
Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 8/25/2024