New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.8 - TCO2 blood gas testing program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						commission may obtain pre-race blood samples from horses for subsequent testing
						for total carbon dioxide level (TCO2). The commission may also obtain post-race
						blood samples from horses for subsequent testing for TCO2, after a minimum
						one-hour standing at rest period for the horse after such horse's race. It
						shall be a violation of this section where the horse's TCO2 level equals or
						exceeds 37 millimoles per liter or, for horses administered furosemide pursuant
						to section 4043.2(b)(6) of
						this Part during the four hours before the blood sample was taken, 39
						millimoles per liter.
(b) It shall
						be an affirmative defense that the horse's physiologically natural TCO2 level
						was not exceeded. To demonstrate natural TCO2, such horse's owner or trainer
						must make a written request to the stewards, within three calendar days of
						receiving notice of the horse's TCO2 test result, that the horse be held in
						guarded quarantine for this purpose. The racetrack operator shall make
						available a three-day guarded quarantine for a time determined by the State
						steward, at the sole expense of the requesting party, where blood samples shall
						be periodically taken for subsequent testing by the commission. If the owner or
						trainer properly arranges with the commission in advance, then samples shall
						also be taken and sent for independent testing at another laboratory at the
						sole expense of the requesting party. During quarantine the horse shall not
						race, but it may be exercised and trained at prescribed times that do not
						interfere with monitoring, sampling, and testing the horse. After the
						quarantine, the State steward shall determine whether the horse's TCO2 level
						was physiologically natural for it. The State steward may also require, at
						least 45 days later, that the horse re-establish such horse's natural TCO2
						level with another guarded quarantine to be made available at the sole expense
						of the racetrack operator.
(c) Any
						guarded quarantine provided by the racetrack operator shall ensure that, at a
						minimum:
(1) such horse shall be under direct
						surveillance by at least one guard at all times;
(2) access to the horse shall be restricted
						to licensed persons who are directly affiliated with such horse, track
						stewards, or employees of the New York State Gaming Commission, all of whom
						shall provide their respective track identification badge or commission-issued
						photo identification card prior to entry;
(3) a written or electronic log of all
						persons who have had access to the horse shall be maintained by the guard,
						indicating the name and license number or track identification badge number of
						the person, the date and time of the visit (including time in and out of the
						restricted area), the nature and purpose of the visit, a description of any and
						all equipment, paraphernalia, tack, medications, or feed brought to the horse,
						and all activity observed by the guard during the visit; and
(4) the racetrack operator shall maintain
						such written or electronic logs of guarded quarantine activity for a minimum
						period of 90 days after the conclusion of the applicable guarded quarantine
						period.