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 B - Harness Racing › Part 4120 - Payment Of Prizes › Section 4120.13 - TCO2 blood gas testing

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 4120.2(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 judges, 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 presiding
					 judge, not to exceed 72 hours, 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 presiding judge shall determine whether
					 the horse's TCO2 level was physiologically natural for it. The presiding judge
					 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, judges, or
					 employees of the 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.