Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1301 - Drugs and foreign substances

Current through Vol. 24-12, July 15, 2024
Rule 1301.
(1) It
				  is the intent of these rules to protect the integrity of horse racing, to guard
				  the health of the horse, and to safeguard the interest of the public and the
				  racing participants through the prohibition or control of all drugs and foreign
				  substances.
(2) With the exception
				  of normal feed, electrolytes, vitamins, and water by mouth, no substance may be
				  administered to any horse on race-day before the race in which it is entered,
				  unless such treatment is authorized by the executive director. This includes
				  any substance administered by injection, directly into the mouth, by
				  inhalation, topically, or by any other method of administration.
(3) A drug or foreign substance, as defined
				  by the act, shall not be administered to a horse that is intended to be
				  entered, is entered, or be present in a horse that participates, in a race with
				  wagering by pari-mutuel methods or any nonbetting race or workout.
(4) A drug or foreign substance, as defined
				  by the act, may be administered to a horse that is intended to be entered, is
				  entered, or be present in a horse that participates, in a race with wagering by
				  pari-mutuel methods or any nonbetting race or workout that is conducted at a
				  race meeting in the state only when authorized by the rules or written order of
				  the executive director for use in the care or treatment of the horse.
(5) Leg paints and liniments may be
				  administered externally to a horse by topical application if they can be
				  applied topically without penetrating the skin.
(6) A banned drug, an Association of Racing
				  Commissioners International, Inc. (ARCI) class 1 drug, or a non-FDA approved
				  drug shall not be present or carried in a horse that is qualified or has a
				  current timed work in the state.
(7) A finding by the executive director's
				  designated laboratory that a drug or foreign substance, as defined by the act,
				  is present in a urine, blood, or any other type of sample that is obtained by
				  authorized representatives of the executive director from a horse that is
				  intended to be entered, is entered, or participates in a race with wagering by
				  parimutuel methods or any nonbetting race or workout that is conducted at a
				  race meeting or training center is prima facie evidence that such drug or
				  foreign substance was present and carried in the body of the horse after the
				  horse was entered in the race and when the sample was obtained from the horse.
				  Such laboratory finding also constitutes prima facie evidence that the trainer
				  and his or her employees or agents who are responsible for the care or custody
				  of the horse have been negligent in handling, safeguarding, and caring for the
				  horse before, during, and after the race before the test sample was
				  obtained.
(8) A finding by the
				  executive director's designated laboratory that a banned drug, an ARCI class 1
				  drug, or a non-FDA approved drug is present in a urine, blood, or any other
				  type of sample that is obtained by authorized representatives of the executive
				  director from a horse that is qualified or has a current timed work in the
				  state is prima facie evidence that the banned drug, the ARCI class 1 drug, or
				  the non-FDA approved drug was present and carried in the body of the horse when
				  the sample was obtained from the horse. Such laboratory finding shall also
				  constitute prima facie evidence that the trainer and his or her employees or
				  agents who are responsible for the care or custody of the horse have been
				  negligent in handling, safeguarding, and caring for the horse before the test
				  sample was obtained.
(9) When
				  imposing penalties for a violation of the provisions of this rule, the
				  executive director, deputy directors, or the stewards shall consider all
				  relevant factors, including, but not limited to, all of the following:
(a) The nature of the unauthorized drug or
				  foreign substance or drug paraphernalia that is involved and its effect or
				  potential effect on a horse's racing performance or the outcome of the
				  race.
(b) The purpose or reason for
				  the violator's possession or use of the unauthorized drug, foreign substance,
				  or drug paraphernalia.
(c) The
				  availability of the drug, that is, can it be purchased over the counter, only
				  with a prescription, or only with a license for controlled substances, or
				  otherwise legally purchased and possessed in this country.
(d) The experience of the violator.
(e) Whether the violator has a past record of
				  drug-related violations in this or any other jurisdiction.
(f) What action, if any, was taken by the
				  violator of the rules to avoid such violation.
(g) The past performance lines of the horse
				  in question in relation to its performance and reasonably expected performance
				  in the questioned race.