N.Y. Comp. Codes R. & Regs. tit. 9 § 4043.16

Current through Register Vol. 46, No. 39, September 25, 2024

Section 4043.16 - No drug administrations without appropriate veterinary approval

The limitations set forth in this section apply to drug treatments of horses engaged in activities, including training, related to competing in pari-mutuel racing in New York. This includes, without limitation, any horses that are training outside the jurisdiction to participate in racing in New York and all horses that are training in the jurisdiction.

(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 subdivision to follow the veterinarian's instructions, but no drug may be administered without a veterinarian having examined the horse and provided the treatment recommendation. Such relationship requires the following:

(1) the veterinarian, with the consent of the owner, has accepted responsibility for making medical judgments about the health of the horse;

(2) the veterinarian has sufficient knowledge of the horse to make a preliminary diagnosis of the medical condition of the horse;

(3) the veterinarian has performed an examination of the horse and is acquainted with the keeping and care of the horse;

(4) the veterinarian is available to evaluate and oversee treatment outcomes, or has made appropriate arrangements for continuing care and treatment;

(5) the relationship is maintained by veterinary visits as needed, and

(6) the veterinary judgments of the veterinarian are independent and are not dictated by the trainer or owner of the horse.

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

(c) The trainer and veterinarian are both responsible to ensure compliance with these limitations on drug treatments of horses, except that 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).

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4043.16

Adopted New York State Register August 1, 2018/Volume XL, Issue 31, eff.8/1/2018