R 431.1301 Drugs and foreign substances.

Rule 1301. (1) It is the intent of these rules to protect the integrity of horse racing, to guard the health of the horse, and to safeguard the interest of the public and the racing participants through the prohibition or control of all drugs and foreign substances. (2) With the exception of normal feed, electrolytes, vitamins, and water by mouth, no substance may be administered to any horse on race-day before the race in which it is entered, unless such treatment is authorized by the executive director. This includes any substance administered by injection, directly into the mouth, by inhalation, topically, or by any other method of administration. (3) A drug or foreign substance, as defined by the act, shall not be administered to a horse that is intended to be entered, is entered, or be present in a horse that participates, in a race with wagering by pari-mutuel methods or any nonbetting race or workout. (4) A drug or foreign substance, as defined by the act, may be administered to a horse that is intended to be entered, is entered, or be present in a horse that participates, in a race with wagering by pari-mutuel methods or any nonbetting race or workout that is conducted at a race meeting in the state only when authorized by the rules or written order of the executive director for use in the care or treatment of the horse. (5) Leg paints and liniments may be administered externally to a horse by topical application if they can be applied topically without penetrating the skin. (6) A banned drug, an Association of Racing Commissioners International, Inc. (ARCI) class 1 drug, or a non-FDA approved drug shall not be present or carried in a horse that is qualified or has a current timed work in the state. (7) A finding by the executive director’s designated laboratory that a drug or foreign substance, as defined by the act, is present in a urine, blood, or any other type of sample that is obtained by authorized representatives of the executive director from a horse that is intended to be entered, is entered, or participates in a race with wagering by pari- mutuel methods or any nonbetting race or workout that is conducted at a race meeting or training center is prima facie evidence that such drug or foreign substance was present and carried in the body of the horse after the horse was entered in the race and when the sample was obtained from the horse. Such laboratory finding also constitutes prima facie evidence that the trainer and his or her employees or agents who are responsible for the care or custody of the horse have been negligent in handling, safeguarding, and caring for the horse before, during, and after the race before the test sample was obtained. (8) A finding by the executive director's designated laboratory that a banned drug, an ARCI class 1 drug, or a non-FDA approved drug is present in a urine, blood, or any other type of sample that is obtained by authorized representatives of the executive director from a horse that is qualified or has a current timed work in the state is prima facie evidence that the banned drug, the ARCI class 1 drug, or the non-FDA approved drug was present and carried in the body of the horse when the sample was obtained from the horse. Such laboratory finding shall also constitute prima facie evidence that the trainer and his or her employees or agents who are responsible for the care or custody of the horse have been negligent in handling, safeguarding, and caring for the horse before the test sample was obtained. (9) When imposing penalties for a violation of the provisions of this rule, the executive director, deputy directors, or the stewards shall consider all relevant factors, including, but not limited to, all of the following: (a) The nature of the unauthorized drug or foreign substance or drug paraphernalia that is involved and its effect or potential effect on a horse's racing performance or the outcome of the race. (b) The purpose or reason for the violator's possession or use of the unauthorized drug, foreign substance, or drug paraphernalia. (c) The availability of the drug, that is, can it be purchased over the counter, only with a prescription, or only with a license for controlled substances, or otherwise legally purchased and possessed in this country. (d) The experience of the violator. (e) Whether the violator has a past record of drug-related violations in this or any other jurisdiction. (f) What action, if any, was taken by the violator of the rules to avoid such violation. (g) The past performance lines of the horse in question in relation to its performance and reasonably expected performance in the questioned race. (10) The stewards are not required to articulate any of the factors listed in subrule (9) of this rule in their ruling, nor shall ignorance of the rules be considered a mitigating factor.