New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 6 - VETERINARY PRACTICES, EQUINE HEALTH, MEDICATION, AND TRAINER RESPONSIBILITY › Section 15.2.6.8 - VETERINARY PRACTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Veterinarians under authority of official veterinarian:
Veterinarians licensed by the commission and practicing at any location under the jurisdiction of the commission are under the authority of the official veterinarian and the stewards.
B.
Treatment restrictions:
(1) Except as otherwise provided by this subsection, no person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission may administer a prescription or controlled medication, drug, chemical or other substance (including any medication, drug, chemical or other substance by injection) to a horse at any location under the jurisdiction of the commission.
(2) Use of physical or veterinary procedures to mask the effects or signs of injury so as to allow training or racing to the detriment of the horses health and welfare are prohibited.
(3) This subsection does not apply to the administration of the following substances pursuant to the restrictions set forth in 15.2.6.9 NMAC or as they may interfere with post-race testing:
(a) a recognized non-injectable nutritional supplement or other substance approved by the official veterinarian;
(b) a non-injectable substance on the direction or by prescription of a licensed veterinarian;
(c) a non-injectable non-prescription medication or substance.
(4) No person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission, or a veterinary assistant licensed by the commission acting under the direct supervision of a licensed veterinarian, shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission:
(a) any drug which is a narcotic, stimulant, or depressant, or any other substance or medication that has been prepared or packaged for injection by a hypodermic syringe, or hypodermic needle;
(b) any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration.
(c) No veterinary assistant licensed by the commission shall be allowed to administer a prohibited item pursuant to Subsection B of 15.2.6.8 NMAC.
(5) At any location under the jurisdiction of the commission, veterinarians may use only onetime disposable needles, and shall dispose of them in a manner approved by the commission.
(6) If a licensee has a medical condition which makes it necessary to possess or use a prohibited substance, prescribed, or controlled substance pursuant to Paragraph (3) of Subsection B of 15.2.6.8 NMAC, that person shall provide to the stewards:
(a) A letter signed by a licensed physician, physician assistant, or nurse practitioner certifying that the consumption of the prohibited, prescribed, or controlled substances will not adversely affect the divided attention, psychophysical abilities of the licensee, to include but not limited to reaction time and the ability to judge time and distance. The letter must certify that the prohibited, prescribed, or controlled substance will not affect a licensees ability to carry out their responsibilities properly and safely while in the performance of their duties which includes being in actual physical control of a large equine animal or operating mechanical equipment on the grounds of the association and will not jeopardize the health, safety and welfare of the other individuals participating.
(b) A licensee must comply with any conditions and restrictions set by the stewards or the commission.
(7) The recommended penalty (in absence of mitigating circumstances) for a violation of Paragraph (3) of Subsection B of 15.2.6.8 NMAC is a $1,500 fine and a six month suspension. Additionally, the commission may order all horses under the trainers care that are entered to race to be tested with the cost of testing borne by the trainer.
(8) Veterinarians shall not have contact with an entered horse on race day except for the administration of furosemide under the guidelines set forth in Subsection D of 15.2.6.9 NMAC unless approved by the official veterinarian or in an emergency situation. Should an emergency occur during evening hours, the veterinarian shall notify the official veterinarian as soon as possible the following morning.
(9) Veterinarians may employ persons licensed by the commission as veterinary assistants to work under their direct supervision. Veterinary assistants shall not inject, directly treat, or diagnose any animal. The practicing veterinarian must be present on the grounds if a veterinary assistant has access to injection devices or injectable substances. The practicing veterinarian shall assume all financial and regulatory responsibility for the actions of their licensed veterinary assistant.
(10) Veterinarians who possess any pre-drawn injectable syringes containing any substance must also possess the partially filled or empty labeled source container from which the injectable substance was drawn. Pre-drawn syringes and the labeled source container from which it was drawn are subject to confiscation by the commission and are subject to testing by the official laboratory. The injectable substance must be clearly identified on each pre-drawn syringe.
(11) Veterinarians may possess and dispense compounded medications on association grounds under the following conditions:
(a) The medication is prepared and prescribed in a manner that meets the criteria for compounding established by the federal Animal Medicinal Drug Use Clarification Act of 1994 ( 21 CFR 530 ) and any current food and drug administration compliance policy guides.
(b) The medication is prepared and prescribed in a manner that meets the criteria established in 16.19.30 NMAC by the New Mexico board of pharmacy.
(c) The medication is labeled in accordance with Subsection H of 15.2.6.9 NMAC.