Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 40 - Veterinarian Practices and Restrictions › Section 325:40-1-3 - Veterinary practices - Treatment restricted

Current through Vol. 41, No. 20, July 1, 2024
(a) No person other than an Oklahoma-licensed
			 practicing veterinarian, official veterinarian, racing veterinarian, or
			 registered veterinary technician under the direct supervision of a practicing
			 veterinarian shall administer any veterinary treatment or permitted substance
			 or veterinary prescription medications to any horse within the
			 enclosure.
(b) The following
			 restrictions apply to medical treatments of horses that are engaged in
			 activities, including training, related to competing in pari-mutuel racing in
			 the jurisdiction:
(1) With the exception of
			 emergency care, no permitted substance or veterinary prescription medication
			 shall be administered by a practicing veterinarian outside the context of a
			 valid veterinarian-client-patient relationship between the practicing
			 veterinarian, the horse owner (who may be represented by the trainer) and the
			 horse.
(2) The owner (who may be
			 represented by the trainer) is not required to follow the practicing
			 veterinarian's instructions, but no permitted substance or veterinary
			 prescription medication shall be administered unless administered by a
			 practicing veterinarian having previously examined the horse and provided the
			 treatment recommendation, as follows:
(A) The
			 practicing veterinarian, with the consent of the owner (who may be represented
			 by the trainer), has accepted responsibility for making medical judgments about
			 the health of the horse;
(B) The
			 practicing veterinarian has sufficient knowledge of the horse to make a
			 preliminary diagnosis of the medical condition of the horse;
(C) The practicing veterinarian has performed
			 an examination of the horse and is acquainted with the keeping and care of the
			 horse;
(D) The practicing
			 veterinarian is available to evaluate and oversee treatment outcomes, or has
			 made appropriate arrangements for continuing care and treatment;
(E) The veterinarian-client-patient
			 relationship is maintained by veterinary examinations as needed, and;
(F) The judgments of the
			 practicing veterinarian are independent and shall not be dictated by the
			 trainer or owner of the horse.
(3) A practicing veterinarian, official
			 veterinarian, or racing veterinarian who, in good faith, renders or attempts to
			 render emergency care to a horse in the enclosure suffering from an accident,
			 disaster or other health emergency will not be liable for any violation as a
			 result of such action, subject to the following restrictions:
(A) If the horse is an entered horse, the
			 veterinarian shall attempt to contact the official veterinarian prior to
			 emergency treatment,
(B) If the
			 official veterinarian is not available, the horse may be treated without
			 authorization provided the treating veterinarian contacts the official
			 veterinarian or the stewards as soon as possible after treating the entered
			 horse,
(C) A horse receiving
			 emergency care within 24 hours prior to the running of a race shall be
			 scratched,
(D) The fact that a
			 valid veterinarian-client-patient relationship doesn't exist shall not prevent
			 a veterinarian from providing emergency care to a horse within the enclosure.
(4) The practicing
			 veterinarian shall be responsible to ensure that treatment of a horse complies
			 with Chapter 45 of the Rules of Racing. The recommendation of a medical
			 treatment, therapy, or administration of a permitted substance or veterinary
			 prescription medication for a horse within the enclosure shall be the
			 responsibility of the practicing veterinarian. The decision to proceed with a
			 recommended medical treatment, therapy, administration of a permitted substance
			 or veterinary prescription medication shall be the responsibility of the horse
			 owner (who may be represented by the trainer).
(5) Certain medical treatments shall be
			 permitted, as follows:
(A) Any chiropractic
			 physician licensed in this state and who is certified by the Board of
			 Chiropractic Examiners to engage in animal chiropractic diagnosis and treatment
			 may practice equine chiropractic diagnosis and treatment under the direct
			 supervision of a practicing veterinarian.
(B) Any individual that is certified in
			 animal massage therapy may engage in equine massage therapy after referral from
			 a licensed practicing veterinarian and under the direct supervision of a
			 practicing veterinarian.
(C) Any
			 individual that is certified by the State Board of Veterinary Medical Examiners
			 as a non-veterinary equine dental care provider may engage in horse teeth
			 floating.
(D) Complementary and
			 alternative therapies may be performed on a horse by a practicing veterinarian
			 or under the direct supervision of a practicing veterinarian. Complementary and
			 alternative therapies include, but are not limited to:
(i) acupuncture and related acupoint
			 therapies;
(ii) manual therapies
			 including physical, massage, and osteopathic therapies;
(iii) energy therapies including ultrasound,
			 pulsating electromagnetic field (PEMF), static magnetic field, laser, Reiki,
			 therapeutic touch, Bowen, and shock wave therapies;
(iv) integrative medicines including
			 Ayurveda, aromatherapy, flower remedy therapy, holistic medicine, homeopathy,
			 nutritional therapy, and phototherapy.
(6) Only trainers and owners may authorize
			 veterinary medical treatment of horses under their care, custody, and control
			 within the enclosure.
(7) A
			 practicing veterinarian shall not engage in conduct likely to deceive, defraud
			 or harm the public or a demonstration of willful or careless disregard for the
			 health, welfare or safety of a horse;
(8) A practicing veterinarian shall not
			 administer any parenteral substance to an entered horse, other than furosemide,
			 within 24 hours prior to running in a race.
(9) A practicing veterinarian shall not
			 fraudulently issue or use certificates of veterinary inspection; test charts
			 including forms for equine infectious anemia or equine piroplasmosis; or
			 vaccination reports.
(10) A
			 practicing veterinarian shall not violate any state or federal statute, rule or
			 regulation regarding the prescription, dispensation, or administration of
			 veterinary prescription medications.