W. Va. Code R. § 178-1-52

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 178-1-52 - [Effective until 7/21/2024] Physical Inspection of Horses

52.1. Assessment of Racing Condition. The stewards and/or a Racing Commission veterinarian may order an examination at any time of any horse entered for a race or which has run in a race.

52.2. Pre-Race Examinations. The following provisions apply to pre-race examinations:

52.2.a. As required by subdivision 18.1.h. of this rule, one or more Racing Commission veterinarians shall conduct pre-race examinations on all potential starters on race day.

52.2.b. It shall be the trainer's responsibility to ensure that a horse that is a potential starter is on association grounds and in its assigned stall or at the pre-race examination area designated by a Racing Commission veterinarian for pre-race examination at least (4) four hours before post time of the race in which it is scheduled to start.

52.2.c. The trainer or his or her designee shall be present with the horse at the time specified in subdivision 52.2.b. of this rule for the pre-race examination and shall remain with the horse until the pre-race examination is completed.

52.3. Veterinarians' List. The following provisions apply to the veterinarians' list:

52.3.a. The Racing Commission veterinarian(s) shall maintain the veterinarians' list of all horses which are determined to be unfit to compete in a race due to illness, physical distress, unsoundness, injury, infirmity, heat exhaustion, positive test or overage, administration of a medication invoking a mandatory stand down time, administration of shock wave therapy, positive out of competition test or any other assessment or determination by a Racing Commission veterinarian that the horse is unfit to race.

52.3.b. Horses so listed are ineligible to start in a race in any jurisdiction until released by an official veterinarian or racing veterinarian except where there is an unforseen administrative issue in removing the horse from the veterinarians' list of another racing jurisdiction.

52.3.c. A horse may be removed from the veterinarians' list when, a minimum of five (5) days have passed from the time the horse was place on the veterinarians' list.

52.3.d. A horse placed on the veterinarians' list when it is unfit to compete in a race due to illness, physical distress, unsoundness, injury, infirmity, heat exhaustion, or any other assessment or determination by a Racing Commission veterinarian that warrants withdrawal from the race, shall be removed from the list only after the following has been met:

52.3.d.1. it has been established or demonstrated to the satisfaction of a Racing Commission veterinarian that the horse is serviceably sound and in fit condition to exert its best effort in a race or it can pass the pre-race examination by a Racing Commission veterinarian;

52.3.d.2. the provision of a published work of a minimum of four (4) furlongs at 0:52 observed by a Racing Commission veterinarian for horses that are listed as unsound or lame or other reasons as may be required at the discretion of a Racing Commission veterinarian. Prior to such work a declaration in writing must be provided by the attending veterinarian as to the fitness of the subject horse; and

52.3.d.3. submission to a post-work biologic sample collection for laboratory confirmation for compliance with section 49 of this rule at the expense of the current owner. Violations of section 49 of this rule shall result in penalties consistent with the penalty provisions of this rule.

52.3.e. A horse placed on the veterinarians' list for a positive test or overage, administration of a medication invoking a mandatory stand down time, administration of shock wave therapy, positive out of competition test or any other veterinary administrative withdrawal shall be removed from the list only after the following have been met:

52.3.e.1. it has been established or demonstrated to the satisfaction of a Racing Commission veterinarian that the horse is serviceably sound and in fit physical condition to exert its best effort in a race or pass the pre-race examination by a Racing Commission veterinarian; and

52.3.e.2. in the discretion of a Racing Commission veterinarian, the provision of a published work of a minimum of four (4) furlongs at 0:52 observed by a Racing Commission veterinarian and submission of a post-work biologic sample collection for laboratory confirmation for compliance with section 49 of this rule at the expense of the current owner. Violations of section 49 of this rule shall result in penalties consistent with the penalty provisions of this rule.

52.4. Post-Mortem Examinations. The following provisions apply to post-mortem examinations:

52.4.a. A thoroughbred which suffers a breakdown on the race track, in training or in competition, and is euthanized, and every other thoroughbred which expires while stabled on a racetrack under the jurisdiction of the Racing Commission, may, in the discretion of a Racing Commission veterinarian, undergo an examination at a time and place acceptable to a Racing Commission veterinarian to determine the injury or sickness which resulted in euthanasia or death.

52.4.b. The examination allowed under this subsection will be conducted by a qualified professional selected by the Racing Commission or its designees.

52.4.c. Test specimens may be obtained from the expired or euthanized thoroughbred upon which the examination is conducted and may be sent to the primary testing laboratory for testing for foreign substances and natural substances at abnormal levels. When practical, specimens should be procured prior to euthanasia.

52.4.d. The Racing Commission shall be responsible for paying the costs of the examination conducted by its selected qualified professional. The Racing Commission shall also bear the costs of testing for foreign substances and natural substances at abnormal levels, if any such costs are incurred in connection with an examination. If any additional costs are incurred in connection with preserving and/or transporting an expired or euthanized thoroughbred for examination, the Racing Commission shall also bear those costs. If the owner of the deceased thoroughbred desires to have an examination and/or testing conducted independently of the examination and/or testing conducted by professionals selected by the Racing Commission, he or she shall bear the costs of such independent examination and/or testing.

52.4.e. A record of an examination performed by the qualified professional selected by the Racing Commission shall be filed with the Racing Commission within seventy-two (72) hours of the death or within such other period approved by the Racing Commission. A record of an examination performed at the request of the owner of the deceased thoroughbred shall be filed with the Racing Commission within such period of time as ordered by the Racing Commission.

52.5. Compliance. Each owner and trainer shall comply with this section as a requisite for maintaining the occupational permit issued by the Racing Commission.

W. Va. Code R. § 178-1-52