(a) Definitions. As used in this section:

1. (1) “Bicarbonate loading” or “milkshaking” are terms used to describe the administration of bicarbonate of soda (sodium bicarbonate or NaHCO3) or other substances that affect total dissolved carbon dioxide levels, administered through a nasogastric tube or by any other means, which shall be deemed to have an adverse effect on the horse by changing its normal physiological state through elevation of blood total dissolved carbon dioxide; and
2. (2) “Nasogastric tube” means any tube which can be inserted through the nose that extends into the stomach.

(b) Procedures.

1. (1) The state veterinarian may draw blood samples from a horse for the purpose of obtaining a TCO2 (total dissolved carbon dioxide) concentration level.
2. (2) Blood samples for TCO2 shall be drawn at the discretion of the State Veterinarian.
3. (3) The TCO2 level in the blood shall not exceed thirty-seven millimoles per liter (37.0 mmol/L).

4. (4) In the event a sample drawn from a horse contains an amount of TCO2 which exceeds the levels described above, the following penalties shall apply:

   1. (A) The first time the laboratory reports an excessive TCO2 level, the trainer shall be fined one thousand dollars ($1,000) and the purse shall be redistributed;
   2. (B) The second time the laboratory reports an excessive TCO2 level, the stewards shall suspend the trainer for the duration of the race meeting plus ten (10) days or for a period not to exceed six (6) months, whichever is greater, impose a fine of up to one thousand five hundred dollars ($1,500), with redistribution of the purse, and shall refer the case to the Arkansas Racing Commission; and
   3. (C) For each subsequent report of an excessive TCO2 level, the stewards or commission may suspend the trainer for up to one (1) year and impose a fine of up to two thousand five hundred dollars ($2,500), with redistribution of the purse.
5. (5) There shall be no split sample testing on blood samples drawn for purposes of TCO2 testing.
6. (6) No licensee other than veterinarians shall possess a nasogastric tube, as described herein, on the premises under the jurisdiction of the commission.