CHAPTER 12. MEDICATION OF RACE HORSES
IC 4-31-12
Chapter 12. Medication of Race Horses
IC 4-31-12-1
Purpose
Sec. 1. The purpose of this chapter is to protect the integrity of
horse racing, to guard the health of the horse, and to safeguard the
interests of the public and the racing participants through the
prohibition or control of all drugs and medications or substances
foreign to the natural horse.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-2
Foreign substances; medications
Sec. 2. (a) Except as permitted by the rules of the commission, a
horse participating in a race may not carry in its body any foreign
substance.
(b) The commission shall adopt the rules the commission
considers necessary to implement this section. Before adopting a rule
with regard to permitting the use of any medication, the commission
shall consider the model rules approved by the Association of Racing
Commissioners International.
(c) In order to inform the racetrack patrons of those horses
running with medication, the permit holder shall indicate in the
racing program a horse that is racing with a medication permitted by
the rules of the commission.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.35; P.L.34-2006, SEC.1.
IC 4-31-12-3
Possession of equipment for hypodermic administration;
restrictions
Sec. 3. (a) Except as provided in subsection (b), a licensee at a
racetrack, other than a veterinarian, may not possess equipment for
hypodermic administration.
(b) A licensee at a racetrack may possess a hypodermic syringe or
needle for the purpose of administering a chemical or biological
substance to the licensee's own person, if the licensee has:
(1) notified the presiding judge of:
(A) the licensee's possession of the device;
(B) the size of the device; and
(C) the chemical substance to be administered by the device;
and
(2) obtained written permission for possession and use from the
presiding judge.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-4
Possession of prescription drugs; restrictions
Sec. 4. (a) Except as provided in subsection (b), a licensee may
not possess a foreign substance that is considered a prescription drug
or prescription medication, unless it is for an existing condition and
is prescribed by a veterinarian. When prescribed by a veterinarian,
the supply of such a foreign substance shall be limited by ethical
practice consistent with the purposes of this chapter. This section
does not affect the prohibition of drugs, narcotics, stimulants, and
other items and substances listed in sections 19, 20, and 21 of this
chapter.
(b) A licensee at a racetrack may possess a chemical or biological
substance for use on the licensee's own person, if:
(1) the chemical or biological substance is prohibited from
being dispensed by Indiana or federal law without a
prescription;
(2) the licensee is in possession of documentary evidence that
a valid prescription for the chemical or biological substance has
been issued to the licensee; and
(3) the licensee has filed with the presiding judge a sworn
statement clearly describing the substance and its intended use.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-5
Blood and urine tests
Sec. 5. (a) The judges, the stewards, a commission veterinarian,
a member of the commission, or the secretary of the commission may
order a blood test or urine test, or both, on a horse for the purpose of
analysis.
(b) A blood specimen or urine specimen, or both, shall be taken
from the following horses after the running of each race:
(1) The horse that finishes first in each race.
(2) Any other horses designated by the judges, the stewards, a
commission veterinarian, a member of the commission, or the
secretary of the commission. The judges and veterinarian shall
designate for the taking of such a specimen a horse that races
markedly contrary to form.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.36.
IC 4-31-12-6
Appointment of veterinarian; approval of laboratory; analysis of
specimens
Sec. 6. (a) The commission:
(1) shall appoint, at its cost, a veterinarian licensed to practice
in Indiana to take or supervise the taking of specimens under
section 5 of this chapter;
(2) shall approve a laboratory for the analysis of those
specimens; and
(3) may require that a specimen taken under section 5 of this
chapter be analyzed.
(b) The cost of analyzing specimens shall be borne by the
commission.
(c) The commission may appoint, at its cost, veterinarians or other
persons to supervise all activities in the state testing barn area and to
supervise the practice of veterinary medicine at all racetracks in
Indiana.
(d) The commission shall employ or contract for assistants to aid
in securing specimens at each racetrack. These assistants shall have
free access, under the supervision of the commission's veterinarian,
to the state testing barn area. The permit holder shall, in the manner
prescribed by the rules of the commission, reimburse the commission
for the salaries and other expenses of the assistants who serve at the
permit holder's racetrack.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.37.
IC 4-31-12-7
Veterinarians appointed by commission; prohibition on treatment
of horses on the grounds; compensation
Sec. 7. (a) A veterinarian appointed by the commission or
employed by a permit holder may not, during the period of the
veterinarian's employment, treat or issue prescriptions for a horse on
the grounds of or registered to race at a track, except in case of
emergency. A full and complete record of an emergency treatment or
a prescription shall be filed with the stewards or judges.
(b) An owner or trainer may not directly or indirectly employ or
pay compensation to a veterinarian who is employed by the
commission or a permit holder.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-8
Positive test prima facie evidence of milkshake or bicarbonate
loading or foreign substance
Sec. 8. (a) As used in this section, "milkshake or bicarbonate
loading" means a bicarbonate or alkaline substance, administered to
a horse by any possible means, that elevates the horse's bicarbonate
level or pH level above those existing naturally in the untreated horse
at normal physiological concentrations as determined by the
commission.
(b) A finding by the chemist or an authorized commission
employee that a milkshake or bicarbonate loading or a foreign
substance, other than a medication permitted by the rules of the
commission, is present in the test sample shall be considered:
(1) a positive test and a violation of section 2 of this chapter;
and
(2) prima facie evidence that:
(A) the milkshake or bicarbonate loading or foreign
substance was administered and carried or attempted to be
carried in the body of the horse while participating in a race;
and
(B) the trainer and the trainer's agents responsible for the
care and custody of the horse have been negligent in the
handling or care of the horse.
(c) The commission may establish the concentration level that is
an unacceptable concentration level for substances that it considers
necessary for the detection of a milkshake or bicarbonate loading
under this section.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.38; P.L.50-1995, SEC.8; P.L.34-2006, SEC.2.
IC 4-31-12-9
Repealed
(Repealed by P.L.34-2006, SEC.3.)
IC 4-31-12-10
Post-mortem examination
Sec. 10. (a) The commission veterinarian may order a
post-mortem examination of:
(1) each horse that:
(A) suffers a breakdown on the racetrack, in training, or in
competition; and
(B) is destroyed; and
(2) each horse that expires under suspicious or unusual
circumstances while stabled on a racetrack under the
jurisdiction of the commission;
to determine the injury or sickness that resulted in euthanasia or
natural death.
(b) A post-mortem examination under this section shall be
conducted by a veterinarian approved by the commission, at a time
and place acceptable to the commission veterinarian.
(c) Test samples specified by the commission veterinarian shall
be obtained from the carcass upon which the post-mortem
examination is conducted and shall be sent to a laboratory approved
by the commission for testing for foreign substances and natural
substances at abnormal levels. However, blood and urine test
samples shall be procured before euthanasia when practical.
(d) The commission shall pay all costs involved in a post-mortem
examination ordered by the commission or the commission
veterinarian.
(e) A written record shall be filed with the commission
veterinarian at the completion of each post-mortem examination. The
record must contain all information normally contained in a
post-mortem report, as well as any other information specifically
requested by the commission veterinarian.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-11
Official laboratory
Sec. 11. The commission may direct the official laboratory to
retain and preserve by freezing samples for future analysis.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-12
Purse money issued before laboratory report; chemical substance
abuse
Sec. 12. The fact that purse money has been distributed before the
issuance of a laboratory report shall not be considered a finding that
no chemical substance has been administered to the horse earning the
purse money.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-13
Violation; forfeiture of purse; suspension of horse, owner, and
trainer
Sec. 13. (a) This section applies to a horse entered to race at a
track operated under a permit issued by the commission.
(b) The following provisions apply if the analysis of a blood
specimen or urine specimen shows that a person has violated section
2 of this chapter:
(1) The owner of the horse from which the specimen was
obtained shall forfeit the purse and any trophy or award.
(2) If the purse was paid before the maker of that payment was
notified of the result of the analysis, the horse, the owner, and
the trainer of the horse are suspended. A permit holder is not
required to make any other distribution of the purse until the
refund has been made. The judges shall disqualify the horse
from which the positive specimen was obtained and the
remaining horses shall be advanced accordingly. The horse
ultimately designated as the winner of the race shall be awarded
any additional portions of the purse that remain following the
disqualification if there are not enough unoffending horses to
share the purse.
(3) A suspension made under this section continues until the
purse is refunded and properly redistributed or for any other
period determined by the commission.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-14
Horse chosen for testing; trainer's duties
Sec. 14. The trainer of a horse that is the winner of a race or from
which the judges order a specimen to be taken shall see that the horse
is taken directly to the state testing barn as soon as the race in which
the horse competed has been completed.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-15
Sanctions imposed by stewards and judges
Sec. 15. (a) The commission may adopt rules under IC 4-22-2 to
delegate to the stewards and judges of racing meetings the authority
to conduct disciplinary hearings on behalf of the commission. The
stewards and judges shall give at least twelve (12) hours notice of
any such hearing. The stewards and judges, on behalf of the
commission, may impose one (1) or more of the following sanctions
against a licensee who violates sections 2 through 13 of this chapter:
(1) A civil penalty not to exceed one thousand dollars ($1,000).
(2) A temporary order or other immediate action in the nature
of a summary suspension where a licensee's actions constitute
an immediate danger to the public health, safety, or welfare.
(3) Suspension of a license held by the licensee for up to sixty
(60) days. The suspension of a license under this subdivision is:
(A) valid even though the suspension extends beyond the
period of the racing meeting for which the stewards and
judges have been appointed; and
(B) effective at all other racing meetings under the
jurisdiction of the commission.
(4) A rule that a person must stay off the premises of one (1) or
more permit holders if necessary in the public interest to
maintain proper control over recognized meetings.
(5) Referral of the matter to the commission for its
consideration.
However, at least two (2) of the stewards or judges must concur in
a sanction.
(b) The suspension of a license or the imposition of a civil penalty
under this section must occur within sixty (60) days of the date of the
violation.
(c) A sanction under this section may be appealed to the
commission. The commission shall adopt rules establishing
procedures for appeals and stays of appeals.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.39; P.L.50-1995, SEC.9.
IC 4-31-12-16
Commission; imposition of sanctions against licensee
Sec. 16. The commission or the commission's designee, as
determined under the rules of the commission, on its own motion or
in addition to a penalty assessed by the stewards and judges, may
impose one (1) or more of the following sanctions against a licensee
who violates sections 2 through 13 of this chapter:
(1) Revocation of a license held by the licensee.
(2) Suspension of a license held by the licensee.
(3) A civil penalty not to exceed five thousand dollars ($5,000).
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.40.
IC 4-31-12-17
Saliva, urine, or blood sample; procedure
Sec. 17. (a) The owner, the trainer, or a representative of the
owner or trainer must be present in the quarantine area when a saliva,
urine, or blood specimen is taken from a horse, and must remain until
the specimen is sealed. The official tag attached to a specimen shall
be signed by the owner, the trainer, or the owner's or trainer's
representative as witness to the taking of the specimen. The judges
shall immediately suspend a person who:
(1) willfully fails to be present at the taking of a specimen;
(2) refuses to allow the taking of a specimen; or
(3) otherwise interferes with the taking of a specimen;
and the matter shall be referred to the commission for any further
penalty that the commission considers appropriate.
(b) An owner or trainer who is not present either in person or by
representative when a specimen is taken from a horse may not claim
that the specimen tested was not the specimen taken from the horse.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-18
Revocation of license
Sec. 18. The commission may permanently revoke the license of
a person who:
(1) injects a drug;
(2) administers a drench; or
(3) uses an electrical, a mechanical, or other appliance, except
the ordinary whip;
for the purpose of stimulating a horse or affecting its speed in a race.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.41.
IC 4-31-12-19
Possession of controlled substance; penalty
Sec. 19. A licensee who possesses a controlled substance (as
defined in IC 35-48) while on the premises of a permit holder shall
be fined, suspended, or fined and suspended by the judges in
accordance with IC 4-31-13.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-20
Possession of stimulants, hypodermic instrument, or electrical
instrument used to affect actions of a horse; penalty
Sec. 20. (a) This section does not apply to a veterinarian licensed
by the commission.
(b) The judges or the commission may suspend the license of a
person who possesses:
(1) a drug or chemical that may be used as a stimulant;
(2) a hypodermic syringe, hypodermic needle, or other
instrument that may be used for injection; or
(3) a battery or other electrical or mechanical instrument that
may be used to affect the speed or actions of a horse;
on the premises of a permit holder.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-21
Veterinarians; controlled substances and injection instruments;
handling and disposal
Sec. 21. A veterinarian may not:
(1) leave a container of a controlled substance (as defined in
IC 35-48); or
(2) leave or dispose of a hypodermic syringe, hypodermic
needle, or other instrument that may be used for injection;
on the premises of a permit holder.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-12-22
Veterinary school research account
Sec. 22. (a) The veterinary school research account (referred to in
this section as "the account") is established as an account within the
state general fund. The account shall be administered by Purdue
University. The account does not revert to the state general fund at
the end of a state fiscal year.
(b) The account consists of money deposited in the account under
IC 4-31-9-3.
(c) Money in the account is annually appropriated to the Purdue
University School of Veterinary Medicine for use in equine research.
Research conducted under this section must include but is not limited
to research on the effects of drugs on the race performance of horses.
(d) Before January 15 of each year, the Purdue University School
of Veterinary Medicine shall make a written report to the
commission concerning:
(1) the uses of the money received by the school under this
section; and
(2) the results of the research conducted by the school under
this section.
As added by P.L.24-1992, SEC.42.