W. Va. Code R. § 178-1-48

Current through Register Vol. XLI, No. 18, May 3, 2024

Section 178-1-48 - [Effective 7/21/2024] Veterinary Practices

48.1. Veterinarians under Authority of Racing Commission Veterinarian(s). Veterinarians issued an occupational permit by the Racing Commission and practicing at any location under the jurisdiction of the Commission are under the authority of the Racing Commission veterinarian(s) and the stewards. The Racing Commission veterinarian(s) may recommend to the stewards or the Racing Commission the discipline that may be imposed upon a veterinarian who violates this rule.

48.2. The following limitations apply to drug treatments of horses that are engaged in activities, including training, related to competing in pari-mutuel racing in West Virginia:

48.2.a. No drug may be administered except in the context of a valid veterinarian-client-patient relationship between an attending veterinarian, the horse owner (who may be represented by the trainer or other agent) and the horse. The owner is not required by this rule to follow the veterinarian's instructions, but no drug may be administered without a veterinarian having examined the horse and having provided the treatment recommendation. Such relationship requires the following:

48.2.a.1. The veterinarian, with the consent of the owner, has accepted responsibility for making medical judgments about the health of the horse;

48.2.a.2. The veterinarian has sufficient knowledge of the horse to make a preliminary diagnosis of the medical condition of the horse;

48.2.a.3. The veterinarian has performed an examination of the horse and is acquainted with the keeping and care of the horse;

48.2.a.4. The veterinarian is available to evaluate and oversee treatment outcomes, or has made appropriate arrangements for continuing care and treatment;

48.2.a.5. The relationship is maintained by veterinary visits as needed; and,

48.2.a.6. The veterinary judgements of the veterinarian are independent and are not dictated by the trainer or owner of the horse.

48.2.b. No prescription drug may be administered except as prescribed by an attending veterinarian.

48.2.c. The trainer and veterinarian are both responsible to ensure compliance with these limitations on drug treatments of horses, except the medical judgment to recommend a drug treatment or to prescribe a drug is the responsibility of the veterinarian and the decision to proceed with a drug treatment that has been so recommended is the responsibility of the horse owner (who may be represented by the trainer or other agent).

48.3. Treatment Restrictions. The following provisions apply to treatment restrictions:

48.3.a. Except as otherwise provided in this subsection, no person other than a veterinarian licensed to practice veterinary medicine in the state of West Virginia and holding an occupational permit issued by the Racing Commission shall possess or administer to a horse a prescription or controlled medication, drug, chemical, or other substance (including any medication, drug, chemical, or other substance by injection) at any location under the jurisdiction of the Racing Commission.

48.3.b. This subsection does not apply to the administration of the following substances except in approved quantitative levels, if any, present in post-race samples or as they may interfere with post-race testing:

48.3.b.1. A recognized non-injectable nutritional supplement or other substance approved by a Racing Commission veterinarian;

48.3.b.2. A non-injectable substance on the direction or by prescription of a veterinarian licensed to practice veterinary medicine in the state of West Virginia and holding an occupational permit issued by the Racing Commission; or

48.3.b.3. A non-injectable non-prescription medication or substance.

48.3.c. No person, other than a veterinarian licensed to practice veterinary medicine in the state of West Virginia and holding an occupational permit issued by the Racing Commission shall possess a hypodermic needle, syringe or injectable of any kind on association grounds, unless otherwise approved by the stewards or the Racing Commission. At any location under the jurisdiction of the Racing Commission, veterinarians may use only one-time disposable needles, and shall dispose of them in a manner approved by the Racing Commission veterinarian(s). If a person has a medical condition which makes it necessary to have a syringe at any location under the jurisdiction of the Racing Commission, that person may request permission of the stewards and/or the Commission to have a syringe. Such a request shall be in writing and shall be accompanied by a statement from a licensed physician explaining why it is necessary for the person to possess a syringe. If permission is granted to any person to have a syringe at any location under the Racing Commission's jurisdiction, the stewards and/or the Commission may impose conditions and/or restrictions in connection with such approval.

48.3.d. Practicing veterinarians shall not have contact with an entered horse on a race day except for the administration of furosemide (lasix) under the guidelines set forth in subsection 49.7. of this rule unless approved by a Racing Commission veterinarian. If approval to have contact with an entered horse on a race day for purposes other than the administration of furosemide (lasix) is obtained from a Racing Commission veterinarian, or if reasonable efforts are made to contact a Racing Commission veterinarian and he or she is unavailable, a practicing veterinarian may have contact with the horse for purposes other than the administration of furosemide (lasix): Provided, That the practicing veterinarian shall complete a form prescribed by the Racing Commission notifying the Racing Commission veterinarian of the contact. Such form shall be provided to the Racing Commission veterinarian one hour before post time. Any unauthorized contact may result in the horse being scratched from the race in which it was scheduled to compete and may result in further disciplinary action by the stewards.

48.4. Veterinarians' Reports. Every veterinarian who treats a racehorse at any location under the jurisdiction of the Racing Commission shall record in writing the name of the horse treated, any medication, drug, substance, or procedure administered or prescribed, the name of the trainer of the horse, the date and time of treatment and any other information requested by a Racing Commission veterinarian(s). The veterinarian treating the racehorse shall sign each written record of treatment and shall provide such treatment records to the stewards and/or the Racing Commission veterinarian(s) upon request. Any veterinarian who falsifies any treatment record or who fails to maintain treatment records may be disciplined by the stewards or the Racing Commission.

48.5. Prohibited Practices. The following are prohibited practices:

48.5.a. The possession or use of a drug, substance or medication on the premises of a facility under the jurisdiction of the Commission for which a recognized analytical method has not been developed to detect and confirm the administration of such substance; or the use of which may endanger the health and welfare of the horse or endanger the safety of the rider; or the use of which may adversely affect the integrity of racing; or no generally accepted used in equine care exists.

48.5.b. The possession or use of a drug, substance, or medication on the premises of a facility under the jurisdiction of the Racing Commission that has not been approved by the United States Food and Drug Administration (FDA) for any use in humans or animals is forbidden without prior permission of the Racing Commission or a Racing Commission veterinarian. This rule shall not restrict the recognized off-label use of any FDA approved medication.

48.5.c. The possession and/or use of blood doping agents (agents that abnormally enhance the oxygenation of body tissue), including but not limited to those listed below, on the premises of a facility under the jurisdiction of the Racing Commission is forbidden:

48.5.c.1. Aminoimidazole carboxamide ribonucleotide (AICAR);

48.5.c.2. Darbepoetin;

48.5.c.3. Equine Growth Hormone;

48.5.c.4. Erythropoietin;

48.5.c.5. Hemopure;

48.5.c.6.Myo-Inositol Trispyprophosphate (ITPP);

48.5.c.7. Oxyglobin;

48.5.c.8. Thymosin beta; and

48.5.c.9. Venoms and derivatives thereof.

48.5.d. The use of extracorporeal shock wave therapy or radial pulse wave therapy shall not be permitted unless the following conditions are met:

48.5.d.1. Any treated horse shall not be permitted to race or train for a minimum of 10 days following treatment, with the day of the treatment to be considered the first day of the 10 day period;

48.5.d.2. The use of extracorporeal shock wave therapy or radial pulse wave therapy machines shall be limited to veterinarians holding occupational permits issued by the Commission and using registered and approved machines at a previously-disclosed location;

48.5.d.3. Any extracorporeal shock wave therapy or radial pulse wave therapy machines on the association grounds must be registered with and approved by the Commission or its designee before use;

48.5.d.4. All extracorporeal shock wave therapy or radial pulse wave therapy treatments must be reported to a Racing Commission veterinarian by the treating veterinarian within one (1) day on a prescribed form. The horse shall be added to a list of ineligible horses. This list shall be kept in the association's racing secretary's office and shall be accessible to jockeys and/or their agents during normal business hours; and

48.5.d.5. Any person participating in the use of extracorporeal shock wave therapy and/or in the possession of extracorporeal shock wave therapy machines in violation of this rule shall be considered to have committed a prohibited practice and is subject to a Class A penalty as set forth in table 178-1E at the end of this rule.

48.5.e. The use of a nasogastric tube (a tube longer than six (6) inches) for the administration of any substance within 24 hours prior to the post time of a race in which the horse is entered is prohibited without the prior permission of a Racing Commission veterinarian or his or her designee.

48.5.f. It is a prohibited practice to administer bisphosphonates to any horse under four (4) years of age. Horses four (4) years of age or older may only be administered bisphosphonates under the following circumstances:

48.5.f.1. Only bisphosphonates that are FDA approved for use in the horse may be administered according to label requirements and only for diagnosed cases of navicular disease.

48.5.f.1.A. If a horse older than four (4) years of age is administered bisphosphonates, the Racing Commission must be notified within 24 hours of the administration and the horse shall be placed on the Veterinarians' List for no less than six (6) months after the last administration. Prior to returning to racing, the horse must work for a Racing Commission veterinarian as required by subdivision 52.3.d. of this rule.

48.5.f.2. If any bisphosphonate is detected in an out of competition or post race test sample and the Racing Commission has not received timely notification of an administration, the detection shall be treated as an illicit substance. The horse shall be placed on the Veterinarians' List for no less than six (6) months and be required to work for a Racing Commission Veterinarian as described in subdivision 52.3.d. of this rule.

48.5.g. The following are prohibited substances and methods:

48.5.g.1. The substances and methods in the Association of Racing Commissioners International (RCI) Prohibited List set forth in table 178-1 I at the end of this rule may not be used at any place or time, and may not be possessed on the premises of a racing or training facility under the jurisdiction of the Racing Commission, except as a restricted therapeutic use.

48.5.g.2. Restricted Therapeutic Use. A limited number of medications on the Association of Racing Commissioners International (RCI) Prohibited List set forth in table 178-1 I at the end of this rule shall be exempted when the administration occurs in compliance with the Association of Racing Commissioners International (RCI) Required Conditions for Restricted Therapeutic Use set forth in table 178-1 J at the end of this rule.

48.5.g.2.A. "Report When Sampled" means the administration of the substance must be reported to the Racing Commission when the horse is next sampled, if the horse is sampled within twenty-four (24) hours after administration.

48.5.g.2.B. "Pre-File Treatment Plan" means the filing of a treatment plan for the substance in a manner approved by the Racing Commission and that is filed by the time of administration of the substance.

48.5.g.2.C. "Written Approval from Commission" means the Racing Commission has granted written approval of a written treatment plan before the administration of the substance.

48.5.g.2.D. "Emergency Use (report)" means the substance had to be administered due to an acute emergency involving the life or health of the horse, provided the emergency use is reported to the Racing Commission as soon as practicable after the treatment occurs.

48.5.g.2.E. "Prescribed by Veterinarian" means the substance has been prescribed by an attending veterinarian, in compliance with subsection 48.2 of this rule and recorded in the veterinary records in the manner required by the Racing Commission.

48.5.g.2.F. "Report Treatment" means the treatment reported to the Racing Commission by the trainer at the time of administration to provide the Racing Commission with information for the Veterinarian's List. The trainer may delegate this responsibility to the treating veterinarian, who shall make the report when so designated.

48.5.g.2.G. "Other Limitations" means additional requirements that apply, such as a substance may be used only in fillies or mares or a horse that is administered a substance shall be reported immediately to the Racing Commission and placed on the veterinarians' list for a specific minimum period of time. The use of the substance must comply with the other applicable rules of the Racing Commission.

48.5.g.3. No person shall at any time administer any other doping agent to a horse except pursuant to a valid, therapeutic, evidence-based treatment plan.

48.5.g.3.A. "Other doping agent" means a substance this is not listed in the Association of Racing Commissioners International (RCI) Prohibited List set forth in table 178-1 I at the end of this rule, has a pharmacologic potential to alter materially the performance of the horse, has no generally accepted medical use in the horse when treated, and is:

48.5.g.3.A.1. capable at any time of causing an action or effect, or both, within one or more of the blood, cardiovascular, digestive, endocrine, immune, musculoskeletal, nervous, reproductive, respiratory, or urinary mammalian body systems; including but not limited to endocrine secretions and their synthetic counterparts, masking agents, oxygen carriers, and agents that directly or indirectly affect or manipulate gene expressions; but

48.5.g.3.A.2. not a substance that is considered to have no effect on the physiology of a horse except to improve nutrition or treat or prevent infections or parasitic infestations.

48.5.g.3.B. The Racing Commission may publish advisory warnings that certain substances or administrations may constitute a violation of this rule.

48.5.g.3.C. "Therapeutic, evidence based treatment plan" means a planned course of treatment written and prescribed by an attending veterinarian before the horse is treated that:

48.5.g.3.C.1. describes the medical need of the horse for the treatment, the evidence based scientific or clinical justification for using the doping agent, and a determination that recognized therapeutic alternatives do not exist; and

48.5.g.3.C.2. complies with the veterinary practices provisions of this rule, meets the standards of veterinary practice in West Virginia, and is developed in good faith to treat a medical need of the horse.

48.5.g.3.D. Such plans shall not authorize the possession of a doping agent on the premises of a racing or training facility under the jurisdiction of the Racing Commission.

W. Va. Code R. § 178-1-48