1. (a)

   1. (1)

      1. (A) Except as otherwise provided in subsection (e) of this section, furosemide may be administered intravenously to a horse, which is entered to compete in a race, in accordance with this section, 23 CAR § 357-109, and Subsection E. of Rule 1217 of the Appendix to this part.
      2. (B) Except under the instructions of the official veterinarian or the racing veterinarian for the purpose of removing a horse from the veterinarian’s list or to facilitate the collection of a post-race urine sample, furosemide shall be permitted only after the official veterinarian has placed the horse on the furosemide list.
      3. (C) In order for a horse to be placed on the furosemide list, the following process must be followed.
   2. (2) After the horse’s licensed trainer and licensed veterinarian determine that it would be in the horse’s best interests to race with furosemide they shall notify the official veterinarian or his or her designee, using the prescribed form, that they wish the horse to be put on the furosemide list.
   3. (3) The form must be received by the official veterinarian or his or her designee by the proper time deadlines so as to ensure public notification.

   4. (4)

      1. (A) A horse placed on the official furosemide list must remain on that list unless the licensed trainer and licensed veterinarian submit a written request to remove the horse from the list.
      2. (B) The request must be made to the official veterinarian or his or her designee, on the proper form, no later than the time of entry.
      3. (C) A horse that has not been administered furosemide at the required time mistakenly may be allowed to race, without furosemide, with the approval of the:

2. (i) Official veterinarian; and

   1. (ii) Stewards.

   2. (5)

      1. (A) After a horse has been removed from the furosemide list, the horse may not be placed back on the list for a period of sixty (60) calendar days unless it is determined to be detrimental to the welfare of the horse, in consultation with the official veterinarian.
      2. (B) If a horse is removed from the official furosemide list a second time in a three-hundred-sixty-five-day period, the horse may not be placed back on the list for a period of ninety (90) calendar days.
      3. (C) However, for purposes of this subdivision (a)(5), the removal of a horse from the furosemide list in order for the horse to participate in a Lasix-free race shall be disregarded.

3. (b) The use of furosemide shall be permitted under the following circumstances on association grounds where a detention barn is utilized:

   1. (1) Furosemide shall be administered at the direction of the official veterinarian no less than four (4) hours prior to post time for the race for which the horse is entered;
   2. (2) A horse qualified for furosemide administration must be brought to the detention barn within time to comply with the four-hour administration requirement specified above;
   3. (3) The dose administered shall not exceed two hundred fifty milligrams (250 mg) nor be less than one hundred fifty milligrams (150 mg), provided, with approval of the official veterinarian, a dose of up to five hundred milligrams (500 mg) may be administered;
   4. (4) Furosemide shall be administered by a single, intravenous injection; and

   5. (5) After treatment, the horse shall be required by the Arkansas Racing Commission to remain in the detention barn in the care, custody, and control of its trainer or the trainer's designated representative under association and/or commission security supervision until called to the saddling paddock.

      1. (c) The use of furosemide shall be permitted under the following circumstances on association grounds where a detention barn is not utilized:
   6. (1) Furosemide shall be administered no less than four (4) hours prior to post time for the race for which the horse is entered;
   7. (2) The furosemide dosage administered shall not exceed two hundred fifty milligrams (250 mg) nor be less than one hundred fifty milligrams (150 mg), provided, with approval of the official veterinarian, a dose of up to five hundred milligrams (500 mg) may be administered;
   8. (3) Furosemide shall be administered by a single, intravenous injection; and

   9. (4) The trainer of the treated horse shall cause to be delivered to the official veterinarian no later than one (1) hour prior to post time for the race for which the horse is entered the following information under oath on a form provided by the commission:

      1. (A) The name of the horse, racetrack name, and the date and time the furosemide was administered to the entered horse;
      2. (B) The dosage amount of furosemide administered to the entered horse; and

      3. (C) The printed name and signature of the attending licensed veterinarian who administered the furosemide.

         1. (d)
   10. (1) Test results must show a detectable concentration of the drug in the post-race serum, plasma, or urine sample.

   11. (2)

       1. (A) The specific gravity of post-race urine samples may be measured to ensure that samples are sufficiently concentrated for proper chemical analysis.
       2. (B) The specific gravity shall not be below one and ten thousandths (1.010).
       3. (C) If the specific gravity of the urine is found to be below one and ten thousandths (1.010) or if a urine sample is unavailable for testing, quantitation of furosemide in serum or plasma shall be performed.

   12. (3)

       1. (A) Quantitation of furosemide in serum or plasma shall be performed when the specific gravity of the corresponding urine sample is not measured or if measured below one and ten thousandths (1.010).
       2. (B) Concentrations may not exceed fifty nanograms (50 ng) of furosemide per milliliter of serum or plasma, or one hundred nanograms (100 ng) of furosemide per milliliter of serum or plasma if the official veterinarian has approved a dose of up to five hundred milligrams (500 mg) of furosemide.

4. (e) The franchise holder may prohibit the administration of furosemide to horses entered in the following races, by so stating in the conditions of the race:

   1. (1) A stakes race, including races designated as graded stakes by the American Graded Stakes Committee of the Thoroughbred Owners and Breeders Association or its successor, as necessary for the stakes race to remain eligible for graded status; and

   2. (2)

      1. (A) Races for horses three (3) years of age, as necessary for horses participating in the race to be entitled to accumulate points based on their performance in the race for eligibility ranking to run in the Kentucky Derby and Kentucky Oaks.
      2. (B) If the franchise holder so prohibits the administration of furosemide to horses entered in any of the above-referenced races, such race shall be referred to as a “Lasix-free race”.
      3. (C) With respect to any horse participating in a Lasix-free race, it shall constitute a violation of this subsection if the horse’s post-race sample of urine, serum, or plasma tests positive for furosemide at any level of detection indicating use within the forty-eight-hour period prior to the Lasix-free race.
      4. (D) Such violation shall be deemed to constitute a violation under Penalty Category “B” of the ARCI Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule set forth in Rule 1217.5 in the Appendix to this part, with resulting consequences and penalties to the horse, owner, and trainer as set forth therein for Penalty Category “B” violations.

Codification Notes: “ARCI” means Association of Racing Commissioners, Inc.