1. (a)

   1. (1)

      1. (A) The Commission Veterinarian shall designate the veterinarians (each referred to herein as a "designated Lasix veterinarian") authorized to administer Lasix (furosemide) as independent contractors to horses on the grounds of the franchise holder not less than four (4) hours before the published post time for the race in which the horse is entered to run.
      2. (B) The number of veterinarians designated by the Commission Veterinarian as designated Lasix veterinarians shall not be more than the number reasonably necessary, in the reasonable judgment of the Commission Veterinarian, to appropriately and efficiently administer Lasix (furosemide) on a timely basis to horses on the grounds of the franchise holder as contemplated by this part.
      3. (C) A designated Lasix veterinarian must:

2. (i) Be a veterinarian licensed and in good standing to practice veterinary medicine under the laws of Arkansas, have sufficient experience, reasonably satisfactory to the Commission Veterinarian, performing veterinary services for horses, including administration of Lasix (furosemide); and

   1. (ii) Have a current malpractice insurance policy in effect with coverage customary for veterinarians performing veterinary services on the grounds of the franchise holder and shall provide to the Commission Veterinarian a customary certificate of insurance in a form acceptable to the Commission Veterinarian.

   2. (2) A designated Lasix veterinarian may not perform other veterinary services on the grounds of the franchise holder, or for any horse entered or expected to be entered to race at Oaklawn during the then-current racing season, except:

      1. (A) Administration of Lasix (furosemide) as contemplated by this section;
      2. (B) Assisting as independent contractors in pre-race exams with consent of the Commission Veterinarian; or
      3. (C) To address emergency situations.

   3. (3)

      1. (A) The fee charged by the designated Lasix veterinarians for Lasix (furosemide) administration shall not exceed the fair market fee for such services.
      2. (B) The fees charged by the designated Lasix veterinarian for Lasix (furosemide) administration shall be billed to the applicable horse owner's account with the Horsemen's Bookkeeper and paid through the Horsemen's Bookkeeper.
   4. (4) Except as otherwise provided in subdivision (e)(5) of this section, no veterinarian or other person, except a designated Lasix veterinarian, may administer Lasix (furosemide) to any horse on the day the horse is scheduled to race prior to the running of the race, or after 6:00 p.m. on the day immediately before such race day.
   5. (5) In the event of a shortage or other unavailability of a sufficient number of designated Lasix veterinarians to appropriately and efficiently administer Lasix (furosemide) on a timely basis to horses on the grounds of the franchise holder as contemplated by this section, the Arkansas Racing Commission or stewards may authorize any licensed veterinarian to administer Lasix (furosemide) to horses under this section and other applicable rules of the commission.

3. (b)

   1. (1)

      1. (A) The trainer shall be responsible for and be the absolute insurer of the condition of an entry the trainer enters regardless of the acts of the third parties.
      2. (B) Should the chemical analysis of saliva, urine, or blood specimen detect the presence of any drug, medication, or chemical substances, including but not limited to narcotics, stimulants, tranquilizers, depressants, steroids, NSAIDS not specifically permitted by 23 CAR § 357-106(r) and 23 CAR § 357-108, or any substance which interferes with testing procedures, the trainer of the horse may, in the discretion of the stewards, subject to appeal to the commission, be fined, suspended, and ruled off the track.
      3. (C) In addition, any other person responsible for the care or attendance of the horse may be penalized as determined by the stewards or commission.

   2. (2)

      1. (A) A licensed assistant trainer shall assume the same duties and responsibilities as imposed on the holder of a trainer's license.
      2. (B) The designation of an assistant trainer shall not relieve the trainer's absolute responsibility for the condition of the entry, but shall, in addition, place the assistant trainer under such absolute responsibility.
      3. (C) It is the intent of this section that both the trainer and the assistant trainer may, in the discretion of the stewards or commission, be fined, ruled off, or otherwise penalized under the absolute insurer rule for the same incident or infraction.

   3. (3) The trainer shall be responsible for:

      1. (A) Using the services of those veterinarians licensed by the commission to attend horses that are on association grounds; and

      2. (B) Immediately reporting the alteration of the sex of a horse to the horse identifier and the racing secretary.

         1. (c) Any person who has been convicted by any court having proper jurisdiction of the possession or use of narcotics may be denied a license or be ruled off.
         2. (d) At the beginning of each racing season, the commission may employ a chemist for the purpose of making chemical analysis of saliva or other excretions or body fluids taken by the Commission Veterinarian from any entry running on any track operating under a franchise from the commission.
4. (e) If after a race a sample of hair, saliva, or other excretions or body fluids is to be taken by the Commission Veterinarian from a horse that has competed in the race, nothing shall be administered or given in any manner whatsoever to the said horse (except with the permission of and in the presence of the Track Veterinarian or Commission Veterinarian) until the Commission Veterinarian obtains the sample.
5. (f) The Commission Veterinarian, at his or her discretion, may administer a diuretic to any horse from which a urine sample is to be taken in order to expedite the test of the horse, unless the trainer of the horse shall have expressly requested otherwise in a signed statement delivered to the Commission Veterinarian prior to the administration by the Commission Veterinarian of the diuretic to the horse.

6. (g)

   1. (1) Every owner or his or her authorized agent or trainer of any entry shall immediately, upon request by the commission, submit any entry of which he or she is the owner or authorized agent or trainer to any veterinarian designated by the commission for such examination or tests as said veterinarian may deem advisable.
   2. (2) The Commission Veterinarian may detain an entry as long as he deems necessary in order to obtain a specimen.

7. (h)

   1. (1) During the taking of the samples by the Commission Veterinarian, the owner or trainer in each instance must be present and witness the procedure.

   2. (2) If for any reason the owner or trainer cannot be present, he or she must first advise the Commission Veterinarian in writing of the name of the person to act as his or her witness when the sample is taken.

      1. (i)
   3. (1) The sample so taken shall be immediately sealed in a container in the presence of the owner, trainer, or witness, and evidence of such sealing must be noted thereon by the signature of the owner, trainer, or witness.
   4. (2) The owner, trainer, witness, or chemist appointed by them shall have the right and opportunity to witness the examination and testing of said specimen by the Commission Chemist, provided that a written request for same, signed by the owner or trainer, is submitted to the Commission Veterinarian at the time of the taking of the specimen.
   5. (3) Thereupon, said owner or trainer will receive written notification of the time and place of such examination and testing, and in such event the seal of the container containing said specimens shall not be disturbed by the Commission Chemist until the time so appointed and in the presence of the chemist selected by the owner or trainer, if said chemist selected by the owner or trainer is present at the time and place so appointed for the examination and testing.
8. (j) Upon such sealing of the container containing the specimens, the container shall be encased and deposited in a large-size carrying case, all of which shall be stored and kept while at the racetrack.

9. (k) Any such carrying case shall be properly locked with an individual lock, the keys to which shall only be in possession of the Commission Veterinarian and the Commission Chemist.

   1. (l) The franchise holder shall make provisions for suitable space, with a door equipped with proper lock and keys, where such specimens can be stored by the Commission Veterinarian.

      1. (m) The Commission Veterinarian shall be in control and custody of all specimens until they are transported to the Commission Chemist.
10. (n) The Commission Veterinarian and Commission Chemist shall each keep, in addition to the record placed on the containers containing the specimen, separate individual records showing date, track, race, entry, name of owner, name of trainer, name of witness, name of guard, name of transportation agent who delivered the specimen to the Commission Chemist, and the time and date of receipt by the Commission Chemist, analysis made, and result thereof.
11. (o) Every franchise holder and all officials and employees thereof shall give every possible aid and assistance to any department, bureau, divisions, officer, agent, inspector, or any other person connected with the United States government or with the State of Arkansas or any local authority who may be investigating or prosecuting any such person they may suspect of being guilty of possessing any drug, hypodermic needles, batteries, or other similar appliances.
12. (p) Any horse that has been the subject of a fraudulent practice or other violation of this part may be disqualified by the stewards for no longer period than the remainder of the calendar year.

13. (q)

    1. (1)

       1. (A) Any horse exhibiting a positive response to a test for the presence of clenbuterol or other beta-2 agonists, or any antibodies of any blood doping agent, including, but not limited to, Erythropoietin, Darbepoetin, Oxyglobin, and Hemopure, (a “blood doping agent”) shall be ineligible to start or race until the owner or trainer, at his or her own expense, provides proof, in a form and substance acceptable to the stewards, of a subsequent negative test result for the presence of clenbuterol or other beta-2 agonists and antibodies of blood doping agents from a laboratory approved by the commission, provided any such test sample and test must be obtained and conducted under collection and test procedures acceptable to the Commission Veterinarian.
       2. (B) The beta-2 agonists and blood doping agents to be tested for shall include clenbuterol, Erythropoietin, Darbepoetin, Oxyglobin, Hemopure, and such other beta-2 agonists and blood doping agents determined from time to time by the Commission Veterinarian.
    2. (2) Notwithstanding any inconsistent provision of this part, the trainer of the horse shall not be subject to application of the trainer’s responsibility penalty based solely on a finding by the laboratory that the beta-2 agonist or blood doping agent first detected in the initial positive test remains present in the horse in a subsequent sample taken from that horse for purposes of any subsequent test for beta-2 agonists and blood doping agents performed on the horse in an effort to determine the horse's re-eligibility to start and race again pursuant to subdivision (q)(1) of this section.

Codification Notes: “NSAIDS” means non-steroidal anti-inflammatory drugs.