R 431.1295 Trainers; responsibilities; positive test presumptions.

Rule 1295. (1) A trainer is responsible at all times for the condition of all horses trained by him or her. A trainer shall not start a horse or permit a horse in his or her custody, care, or control to be started if he or she knows, or, through the exercise of reasonable care, might have known, or has cause to believe, that the horse has received a drug that could result in a finding of a drug. Every trainer shall assure that each horse trained by him or her is protected so as to prevent any horse from receiving a prohibited drug. (2) When a finding of a drug is reported, the following shall be presumed concerning the horse from which the sample was taken: (a) If the horse raced, that the drug was present in the horse during its race; or if the horse was scratched, that the drug would have been present in the horse at the time of the race from which scratched. (b) The drug was administered at such time that the pharmacological effect of the drug remained present in the horse. (c) The drug was administered by a person or persons who had control, care, or custody of the horse. (3) Pending the outcome of a stewards’ hearing, the trainer shall remain in good standing, except that a horse identified with the laboratory report shall not be permitted to compete during the investigation and stewards’ hearing. A horse is not immune from resulting disciplinary action. (4) A trainer shall create and maintain full and accurate electronic or paper records of all treatments given to or performed on a horse in his or her care. The records must include all of the following: (a) The name of the horse. (b) The veterinary procedures performed, including when performed and by whom. (c) All substances and medications administered, including all of the following: (i) The name of the substance or medication. (ii) Date and time of administration. (iii) Dosage administered. (iv) Route of administration. (5) The records must be maintained 30 days before a live race meeting through the end of that race meeting. Records must be preserved for a minimum of 6 months and be available for inspection by the stewards or official veterinarian on demand. (6) A trainer must promptly notify the official veterinarian or steward of any reportable disease and any unusual incidence of a communicable illness in any horse in his or her charge. (7) If a horse participating in a live race meeting is seriously injured or dies, the trainer must promptly report the incident to the stewards or the official veterinarian. As used in this subrule, "participating in a live race meeting" includes 30 days before the live race meeting starts and continues for 30 days after the live race meeting ends.